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Agenda 11/29/2000 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, November 29, 2000 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. 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 MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED 'A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. PLEDGE OF ALLEGIANCE An Ordinance amending Ordinance Number 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 including the adoption of the Goodland Zoning Overlay District or in the alternative a declaration of partial moratorium on multi-family land uses for the Goodland area and the Bayshore Drive Mixed Use Overlay District; Division 2.4. Landscaping and Buffering; Division 2.5. Signs; Division 2.6. Supplemental District Regulations including but not limited to Section 2.6.4, Exceptions to Required Yards; Section 2.6.11, Fences; Section 2.6.15, Solid 1 November 29. 2000 Waste Disposal; Section 2.6.21, Dock Facilities; Section 2.6.33, Motion Picture/Television Production Permit; Adding Section 2.6.34, Annual Beach Event Permits; and Section 2.6.35, Communication Towers; Division 2.7. Zoning Administration and Procedures; Division 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects; Article 3, Development Requirements, Division 3.2. Subdivisions; Division 3.3, Site Development Plans; Division 3.4. Explosives; Division 3.5 Excavation; Division 3.9. Vegetation Removal, Protection and Preservation; Division 3.10. Sea Turtle Protection; Division 3.11, Endangered, Threatened or Listed Species Protection; Division 3.14. Vehicle on the Beach Regulations; Article Six, Definitions, Division 6.3, Definitions including but not limited to the definition of "Residential Hotel"; Appendix B, Typical Street Sections and Right-of-Way Design Standards; Section Four; Adoption of Amended Zoning Atlas Maps; Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. ADJOURN 2 November 29, 2000 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 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, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI- FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. OBJECTIVE: To amend provisions of the Collier County Land Development Code. AGEND~TEM NO. ~'~ NOV2 2000 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, and the Environmental Advisor3, Council where applicable. Recommendations are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on November 1, 2000 and November 15, 2000. A summary of the review of these amendments by the Development Services Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: That the Board of County Commissioners hear and consider amendments as herein proposed to the Land Development Code at this first of two required public hearings. NOV 2 9 2000 PREPARED BY: CURRENT PLANNING MANAGER DATE REVIEWED BY: ROBERT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR DATE APPROVED BY: JcOoHMNM~-TU ~ Ni)~ECv .K,AINI I1~ IE~NTvEiRIR oMNA~E~N ITNAI LS TsPcTs .O R g,/admin/LDC AMENDMENTS/RN/im DATE NOV 2 9 2000 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 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, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECTION 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, commencing in calendar . .ar 2000; and Words :~ac!; '.?.rer:gh are deleted, words underlined are added. 1 aGENDA NOV 2 9 2000 WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on November 29, 2000 and December 13, 2000, and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et sea., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Slat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and he a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Slat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 etseq. Fla. Slat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, govemmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or !and development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, Words :,.'a',:ck t~ceug5 are deleted, words underlined are added. 2 ITEM NOV 2 9 2000 capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria gll.umerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO GENERAL DIVISION Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land Development ff.~9de, is hereby amended to read as follows: .¥ISION 2.1. GENERAL Sec. 2.1.5. Amendment to Official Zoning Atlas U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 330, Map No. 3633 N, A to P. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 33, Map No. 3633S, A to P. Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96. 98 and 111, Golden Gate Estates Unit 4, Map No. G G E 22, E to P. 4. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17, Map No. 8517S, CF to P. 5. Carson Road (Tony Rosebaugh Park), Township 46S, Range 29 E, Section 31, Map No. 6931, AtoP. 6. Washington Street (Immokalee Sports Complex), Township 46 S, Range 29 E, Section 33, Map No. 6933S, RMP-6 to P. 7. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map No. 7904N, RSF-3 to P. State Road 29 (Oil Well Park), Township 48 S, Range 29 E, Section 20, Map No. 482930, A- MHO to P. Words :m:ck '..~-eugh are deleted, words underlined are added. 3 10V 2 9 2000 9. Bluebill Avenue (Connor Park), Township 48 S, Range 25 E, Section 29, Map No. 8529N, RMF-6 to P. I0. 11. 9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4, Map No. 7904S, RMF-6 to P. 18th Court SW (G G Uni! 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21, Map No. 9621N, RSF-3 to P. 12. 23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No. 9622S, RSF-3 to P. 13. Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No. 0629N, RSF-4 to P. 14. Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1, Map No. 05015, RSF-4 to P. 15. Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E, Section 23, Map No. 95235, RSF-4 to P. 16. Undivided Block 118, Golden Gate Unit 4, according to the plat thereof, recored in the Official Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate Community Park), Township 49 S, Range 26 E, Section 21, Map No. 9621 S, RSF-3 to P. Words :~::!: '~-:::g~ ate deleted, words underlined are added. 4 NOV 2 9 2000 x Words ~ are deleted, words _undefiine~d are added. 5 AGENDA ITE~ NOV 2 9 2000 i,i Words ,;~.:c!: ~-~,ug~ are deleted, words underlined are added. 6 AGENDA ITEM No._ L~'-~ _ NOV 2 9 2000 Words ............ t,-- are deleted, words underlined are added, 7 NOV 2 9 ~000 zW N 8 w_,j i Words ~ ,track t~-"eugh are deleted, words underlined are added, 8 AGENDA No. ~ NOV 2 9 2000 . Words :~:!: t~.rz::g~ a~e deleted, words underlined are added. 9 AC~r_NDA ITEM NOV 2 9 2000 Words s~.:':!: t~ce::F,h are deleted, words underlined are added. 10 NOV 2 9 2000 Words :~,:'ek t.t'.r:-,:~.':. are deleted, words underlined are added. 11 NOV 2 B 2000 Words ....~' °u .....u are deleted, words underlined are added. 12 NOV 2 9 2000 Words r~ack tkrcugh are deleted, words underlined are added. 13 NOV 2 9 _2000 Words sm.'-;l; t,;.-sug,. are deleted, words underlined are added. 14 AGE~A ' NOV 2 9 2000 Words :~,:c!.~ t.hrc::gh are deleted, words underlined are added. 15 AC-~..h~)A ITEM NOV 2 9 2000 '9NINOZ :NOISlA3~I IS¥'1 Words .... ~' 2:ra'T~.. axe deleted, words underlined are added. 16 NOV 2 9 2000 Words ~ axe deleted, words underlitae~d ate added. 17 ^~A I~ NOV 2 9 2000 Words :~.::!: L~..-egg~ are deleted, words underlined are added. 18 NOV 2 9 2000 ~. ~/ Words :~cc!: t~zeugk are deleted, words underlined are added. 19 NOV 2 9 2000 ONINOZ :NOISIA3N IS¥~ SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Words :~-'-c.: ::::cug.. are deleted, words underlined are added. 20 AGENDA NOV 2 9 2000 Sec. 2.2.2. 2.2.2.3. Rural agricultural district (A). 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. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous). 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, public and private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; 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 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. Words :,.~'.'-:!: ',.~-.~ugh are deleted, words underlined are added. 21 2 9 2000 b. Additionally, the sale of fresh produce is permissible at retail plant nursuries as an incidental use of the property as a retail plant nursery. Co The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. Hours of operation shall be limited to two hours before sunrise to sunset. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. Compliance with all applicable ordinances of Collier County particularly the Well field Protection Ordinance No. 91-103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concem for the Florida state park system as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: Words :~ck '&.:augh are deleted, words underlined are added. 22 2,2.8.4.5. Sec. 2.2.10 Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on a Site Development Plan. Existing trails are preferred. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. The maximum size of the vehicles, the number of vehicles, and the passenger capacity of the vehicles shall be determined by the Board of Zoning Appeals during the Conditional Use process. (6) Motor vehicles shall be permitted to operate during daylight hours, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The Board of Zoning Appeals has the power to review a Conditional Use for tour operations, annually. If, during the review at an advertised public hearing, it is determined by the Board of Zoning Appeals that the tour operation is detrimental to the environment, and no adequate corrective action was taken by the petitioner, the Board of Zoning Appeals may void the Conditional Use. Maximum. densityp~erm,~i~t.~,e~/~ .m~um:~gf26 units _Oer acre for hotels,and motels, for pr0j~CtS E0iil~fiirig~0':{2) acr~ or le~s??~A,~aXimu~0f:16~tmits per acre for multifamily/uses When located willy, activity.center or if the RT zoning was .in e~efice ~t .~efim~ ~'5 f adb~O~i 9f thiS~ ~ode.: When located determined ~ugh~ '~i~licdtloxl0f the,d~O',~':~'1~(~ established in the Collier Countygro~'~-~h~'fiianagement plaxi, b~t shall ~6~xceed 1~ units per acre. In all other ¢a~¢s the provisions Of Se~.2.2.8.4.8, shallapply. Mobile Home District Section 2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County growth management plan. The maximum density permissible in the mobile home 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. Words ..........t,.. are deleted, words underlined are added. 23 2000 2.2.10.2. 2.2.I0.2.1 Sec. 2.2.28. 2.2.28.3. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee Future Land Use Map of the Growth Management Plan. Permitted uses. The following uses are permitted as of the right or as uses accessor3, to permitted uses, in the mobile home district (MH). Permz'tted uses. 1. Mobile homes. 2_. Modular built homes. Family care facilities, subject to Section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designation specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. as as as as as as as eS 8r as Immokalee Overlay District State Road 29 Commercial Overlay Subdistrict: special conditions for the properties abutting SR-29, as identified o~ in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. Map 2 5.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR21~COSD) 2.2.28.3.1. 2.2.28.3.2. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. Applicability. These regulations apply to the commercial district along SR-29 as identified on the Immokalee Future Land Use Map. Words sm:ek ~-cugk are deleted, words underlined are added. 24 NOV 2 9 2000 2.2.28.3.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.3.3.1. Access points to SR-29 shall comply with Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 440- feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to SR-29. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.3.4. Shared parking arrangements between adjoining developments shall be encouraged. 2.2.28.3.5. Deceleration and acceleration lanes shall be provided. 2.2.28.3.6. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. 2.2.28.3.7. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. 2.2.28.3.8. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide a ten-foot Type A landscape buffer as described in section 2.4 between vehicular rights-of-way with required sidewalks and adjacent residential development. Adjacent commercial projects shall provide coordinated landscape plans. 2.2.28.3.9. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide &-an area equal to a minimum of two and one-half percent of the total interior vehicular use area shall be landscaped to provide visual relief. 2.2.28.3.10. Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.3.-14.11 Buildings shall have a maximum height of 50 feet. 2.2.28.4. defferson Avenue Commercial Overlay Subdistrict: special conditions for the properties abutting Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. Map 3 Words :~::!: :.t'.rc::?~.t: are deleted, words underlined are added. 25 2000 JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT (JACOSD) 2.2.28.4.1. 2.2.28.4.2. 2.2.28.4.3. 2.2.28.4.3.1. 2.2.28.4.3.2. 2.2.28.4.4. 2.2.28.4.4.1~ 2.2.28.4.5. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties. Applicability. These regulations apply to the commercial district along Jefferson Avenue as identified on the Immokalee Future Land Use Map. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. Access points for future commercial development shall be limited to a maximum of one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged to utilize shared access points with adjoining commercial development. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Proiects with a total building square feet of less than or equal to 5,000 square feet shall provide ,~ a ten-foot Type A landscape buffer as identified in section 2.4.5 Avenue ...................~rcjzctc. of this Code cSa!! be Frc~'Jdcd on Jefferson r~. ,, .......;,~ Proiects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. Provisions for shared parking arrangements with adjoining developments shall be encouraged. Words ........... t,., are deleted, words underlined are added. 26 NOV 2 9 2000 COLLIER COUNTY PLANNING COMMISSION MEETING ON LDC AND RELATED AMENDMENTS NOTICE OF MEETING WEDNESDAY, NOVEMBER 15, 2000 AT 5:05 PM COUNTY COMMISSIONER'S BOARD ROOM ADMINISTRATION BUILDING - 3m~ FLOOR 3001 E. TAMIAMI TRAIL AGENDA 1. Amendment to Land Development Code (LDC) - Second Public Hearing (A summary of the proposed LDC Amendments follows this page.) AGE~A I~'~"" NOV 2 9 2000 2000 Land Development Code Amendments - CYCLE II Summary Sheet LDC Section Proposed DSAC Amendment Recommendation EAC CCPC Recommendation Recommendation Sec: 2.1.5. Page 1 To amend the official zoning Zoning atlas of Collier County for the purpose of revising the zoning Ron Nino Current Planning district designation on a number of properties owned by Collier N/A County and which properties are either developed or intended to be improved as public recreational spaces to the "P" Public Use District. ;ec: 2.2.2.3.21. Page 19 Amend the Rural Agricultural Rural Agricultural District zoning district to add criteria for Conditional Uses for tour Support staffs Fred Reischl - Current Planning operations such as airboat, recommendations swamp buggy and horse tours. Sec: 2.2.8.4.5. Page 23 1~o amend 2.2.8.4.5 to reinstate a Maximum Density Permitted density of twenty-six (26) units per acre for hotels and motels Ron Nino-Current Planning for projects less than two (2) N/A acres in size. ~ec: 2.2.10.1. Page 24 Amend purpose and intent Mobile Home District statement to acknowledge that conventional stick/on-site built Ron Nino-Current Planning homes are also allowed in the mobile home district. Amend the N/A permitted use section to allow single-family homes as defined in the LDC. Sec: 2.2.28. Page 26 Add text to the Main Street Overlay Subdistrict to prohibit [mmokalee Overlay District communication towers and to clarify the intent of the landscape Michelle Mosca-Comprehensive )rovision; add text to the SR 29 Commercial Overlay and the ?lanning Jefferson Avenue Commercial N/A Overlay Subdistricts to prohibit projects greater than 5,000 square feet in size from utilizing the existing landscape provisions for said subdistricts; and correct scrivener's errors. Sec: 2.2.33. Page 35 Bay Shore Overlay District (New) To create the Bayshore Drive xT/^i! ~'GEJ'~A ffE. M'-'"" Debrah Preston-Comprehensive VIixed Use Overlay District Planning ] N3V292000 u08/00 2000 Land Development Code Amendments - CYCLE II Summary Sheet LDC I Proposed Section Amendment DSAC I EAC CCPC Recommendation Recommendation Recommendation Sec: 2.2.34. Page 50 To create a Goodland Zoning I . . Goodland Zoning Overlay Overlay D~stnct that reduces the (GZO)District (New) naximum building height from three (3) levels of habitable space N/A Ray Bellows-Current Planning to two (2) levels of habitable space for properties zoned Village Residential (VR) in Goodland only. Sec: 2.2.35. Page 52 Declaration Of A Partial Moratorium To declare a partial For Multi-Family Residential moratorium for properties Development The Goodland Area. zoned Village Residential N/A Ray Bellows-Current Planning (VR) in the Goodland Area. Sec: 2.4.4.12. Page 54 Prohibited Exotic Species Add Carrotwood, Cupaniopsia anacardioides, to the Support staffs recommendations Michelle Arnold-Code Enforcement Prohibited exotic species list r..~: 2.4.6. Page 55 Cross-referencing of ,imum Landscape landscape requirements Requirements between section 2.6.35 Communication towers and N/A Kim Maheuron-Current Planning Division 2.4 Landscaping and Nancy Siemion--Current Planning Buffering. ;ec: 2.4.7.4. Page 57 Replace the word "minimum" Landscaping & Buffering ~vith the correct word "maximum" to describe spacing Nancy Siemion--Current Planning ~fhedge material in an Alternative B landscape buffer. Require landscaping along N/A ntemal roads of commercial :!evelopments. Require landscaping on the outside of Fences or walls that front major roadway corridors. Sec: 2.5.5.1.6. Page 59 Allowing artistic expressions Signs and architectural Chahram Badamtchian--Current embellishments on walls of N/A Planning residential subdivisions. Sec: 2.6.4.2. Page 60 Add language stating that the Minor After-The-Fact Yard criteria for administrative Encroachments approval of encroachments for ......... c ..... ~:~. ~.-~:~*o AC~D~OA ITEM ~._os Gochenaur - Current Planning of occupancy (C/O) has been N/A granted will apply to the required /ard (setback) at the time of NOV 2 9 2000 approval of the C/O. 11/08/00 2 2000 Land Development Code Amendments - CYCLE II Summary Sheet LDC Section Proposed [ DSAC Amendment Recommendation EAC CCPC Recommendation Recommendation Sec: 2.6.11. Page 61 1) Amend language to correct Fences scrivener's error in Section 2.6.11.2.4. of previous Ross Gochenaur - Current Planning amendment. 2) Cross-reference fencing standards specified in Division 2.8 (Architectural & Site Design Standards & Suidelines for Commercial N/A Buildings & Projects). 3) Delete ~he requirement that the finished fide of a fence must face any ~djoining lot (but retain the requirement that the f'mished side xaust face an abutting right-of- ~vay). Sec: 2.6.15. Page 63 Amend Section 2.6.15. tc ¢olid Waste Disposal allow solid waste compactors as an acceptable solid wast N/A Ron Nino-Current Planning disposal method. ;ec: 2.6.21. Page 65 Add language stating that non- Dock Facilities residential docks are subject to all of the provisions of Section [~oss Gochenaur-Current Planning 2.6.21, except for protrusion N/A limits, which will be determined administratively by the Planning Services Director at the time of SDP review. Sec: 2.6.33.8. Page 66 Amend Motion picture/television Motion picture/television >roduction section. Changes production section include the section title, limiting the required permit to Fred Reischi - Current Planning :ornmercial production, clarification of the insurance requirement, including information on the application to assist the County in obtaining N/A future film production, and permitting the Risk Management Director to determine if the insurance requirement is :ommensurate with the >roduction (currently determined 3y the BCC). Sec: 2.6.34. Page 70 1'o amend the Land Development Annual Beach Events Permits 2ode for the purpose of adding a (New) aew section to establish a special .~'ype nfannlml h~ach ~,a~ntq ~nrvnnv't et~teOc ......................... r~ ......... :emporary use permit for recommendations Ron Nino-Current Planning :ommercial developments h'onting the Gulf of Mexico, !Section 2.6.34. 11/08/00 3 > ~g. ,~ 2000 Land Development Code Amendments - CYCLE II Summary Sheet LDC Proposed ]DSAC EAC CCPC Section Amendment Recommendation Recommendation Recommendation Sec: 2.6.35.6.3. Page 81Add text to Section 2.6.35.6.3 Communication Towers >f the LDC specifying that Iowers used primarily for Tom Palmer-Assistant County governmental uses may be N/A Attorney approved as stand alone ~ssential service facilities. Sec: 2.6.35.6.21. Page 82Cross-referencing of Communication Towers Landscape requirements ~etween section 2.6.35 N/A Kim Maheuron-Current PlanningEommunication towers and Nancy Siemion--Current PlanningDivision 2.4 Landscaping and Buffering. Sec: 2.6.35.7. Page 83. Add Subsection 2.6.35.7 (9) Communication Towers to the Land Development Code (LDC); also correct Tom Palmer-Assistant County scrivener's errors in N/A Attorney Subsection (1), (3), and (6); also assign a number to Subsection (8), as shown. ~,,~: 2.7.6. Page 861) To amend Sec. 2.7.6. to ting Permit And Certificate Ofinclude requirement for a Land ,_ _~upancy Compliance Process.Alteration Permit; 2) To amend Division 3.3 Site Development N/A Ron Nino Current Planning Plan to provide for the submission of an SDP for Land Alteration. Sec: 2.8.2. Page 90Requiring all non-residential Architectural And Site Designstructures along arterial and Standards collector roads within the Urban Area to comply with N/A Chahram Badamtchian---Currentthe architectural standards of Planning the Collier County Land Development Code. Sec: 2.8.2.5. Page 91 Non-commercial Development Amend 2.8.2.5. to allow Alternative Architectural N/A Ron Nino--Current Planning Design Standards for non- commercial development. Sec: 3.2.7.1.11. Page 92 Preliminary Subdivision plat ro clarify during the Preliminary Plat process whether a road is N/A I'om Kuck - Engineering Reviewproposed to be Public or Private. 1ohn Houldsworth - Engineering R~eview 2 9 2000 11/08/00 4 2000 Land Development Code Amendments ~ CYCLE II Summary Sheet LDC ] Proposed DSAC EAC CCPC Section Amendment Recommendation Recommendation Recommendation Sec: 3.2.8.3.20. Page 93 Street Lighting Set illumination standards for county and local street lighting N/A rom Kuck - Engineering ReviewDer IESNA RP-8-00. Sec: 3.2.8.3.24. Page 95Change size of conduits under Subdivision Improvements )avement for water services Tom Kuck - Engineering ReviewFrom minimum of three-inch N/A :lidmeter to 4-inch diameter. Sec: 3.4.5.1.10. and Page 96 3.4.13.5.1. Prohibit blasting on new Explosives subdivisions and site development plan Tom Kuck - Engineering Reviewconstruction within 350 feet N/A of structures or county roadways Sec: 3.5.7.3.1. Page 98 Excavation Depths Change maximum permittable tom Kuck - Engineering Reviewdepth of private and development excavation from N/A 12 feet to 20 feet. Sec: 3.5.8.2.1. Page 99 Excavation Status Reports Change the annual status teport requirements for N/A Tom Kuck - Engineering Reviewcommercial excavations. Sec: 3.9.6.6.6. Page 102 Remove "dwelling units" Vegetation Removal from the language regarding Support staffs exotic removal prior to C.O. recommendations Barb Burgeson - Current Planning on residential lots. Sec: 3.10.9.1. Page 103 Sea turtle Protection Remove Nest Relocation from the types of sea turtle permits Support staffs recommendations Kim Maheuron - Current Planningissued by the County. Sec: 3.11.2. Page 1041~o provide additional Species Protection species section of the LDC, as Support staffs AC_,OaOA ~ directed by the CCPC and the recommendation ~o, c~- BCC during the last LDC [ J Barb Burgeson- Current Planningamendment cycle. . NOV 2 ~ 2000 11/08/00 2000 Land Development Code Amendments - CYCLE II Summary Sheet Section Amendment Recommendation Recommendation CCPC Recommendation Sec: 3.14.3. Page 109 Language added to Section Vehicles On The Beach Regulation 3.14.3 to allow for additional ~xception to the vehicle on the Support staffs beach regulations to recommendations Barb Burgeson - Current Planning accommodate the commercial aspect of the beachfront hotels tnd concessions. Appendix "B" Page 112 Ehange 5 Typical Roadways Typical Street Sections & Right-of- Sections to show required Way Design Standards location of water line and force N/A main within right-of-way. Tom Kuck - Engineering Review 11/08/00 6 2000 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development and Environmental Services Ronald F. Nino, AICP, Current Planning Manager Planning Services LDC 2.6 2.1.5. Amendment to Official Zoning Atlas CHANGE: To amend the official zoning atlas of Collier County for the purpose of revising the zoning district designation on a number of properties owned by Collier County and which properties are either developed or intended to be improved as public recreational spaces to the "P" Public Use District. REASON: A number of properties owned by Collier County intended for recreational development by the Collier County Parks and Recreational Development are currently zoned for some other land use other than a recreational use. The Collier County official zoning atlas and Land Development Code provides a specific zoning district for land under public ownership and intended to be developed as part of the County's recreational system. This zoning classification is identified as a "P" Public Use District. Rezoning these properties to the Public Use District will permit Collier County to proceed with their development without being encumbered in some cases with having to rezone the property when it becomes to make the recreation improvement. The following areas are proposed: 1. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 330, Map No. 3633 N, A to P. 2. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 33, Map No. 3633S, A to P. 3. Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96, 98 and 11 i, Golden Gate Estates Unit 4, Map No. G G E 22, E to P. 4. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17, Map No. 8517S, CF to P. 5. Carson Road (Tony Rosebaugh Park), Township 46S, Range 29 E, Section 31, Map No. 6931, A to P. 6. Washington Street (Immokalee Sports Complex), Township 46 S, Range 29 E, Section 33, Map No. 6933S, RMP-6 to P. 7. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map No. 7904N, RSF-3 to P. o MHO to P. 1 NOV 2 9 2000 o 10. 11. 12. 13. 14. 15. 16. Bluebill Avenue (Connor Park), Township 48 S, Range 25 E, Section 29, Map No. 8529N, RMF-6 to P. 9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4, Map No. 7904S, RMF-6 to P. 18th COL1Ft SW (G G Unit 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21, Map No. 9621N, RSF-3 to P. 23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No. 9622S, RSFo3 to P. Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No. 0629N, RSFo4 to P. Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1, Map No. 05015, RSF-4 to P. Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E, Section 23, Map No. 95235, RSF-4 to P. Undivided Block 118, Golden Gate Unit 4, according to the plat thereof, recored in the Official Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate Community Park), Township 49 S, Range 26 E, Section 21, Map No. 9621S, RSFo3 to P. 2 NOV 2 9 2000 Ld _1 Z UJ 0~- N :! 2000 5 NOv 2 9 ZOO0 2000 i! I ! ! ! NOV 2,9 2000 / / NOV 2 9 200( I ! ! ! I I lO 2000 -, I 8 NOV 2 9 2000 12. 2000 ~3H£O' 9NINOZ :N01Sb NOV 2 9 2000 15 NOV 2 9 2000 16 2000 17 NOV 2 9 200: (~)® 18 ONINOZ :NOI$1A':J ~ NO~/ 2 ~ 2000 ORIGIN: Planning Services Staff AUTHOR: Fred Reischl, AICP Senior Planner DEPARTMENT: Planning Services LDC PAGE: LDC 2:216 to LDC 2:218 LDC SECTION: 2.2.2.3. Zoning Districts CHANGE: Amend the Rural Agricultural zoning district to add criteria for Conditional Uses for tour operations such as airboat, swamp buggy and horse tours. REASON: To ensure consistency in Conditional Use requirements for tour operations. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Division 3.3 (Site Development Plans). Amend the Land Development Code as follows: 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. 3. 4. 5. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. Sawmills. Zoo, aquarium, aviary, botanical garden, or other similar uses. Hunting cabins. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. Wholesale reptile breeding or raising (venomous). Churches and other places of worship. Private landing strips for general aviation, subject to any relevant state and federal regulations. Cemeteries. anu 3cnooJs, puonc ivate. Child care centers and adult day care centers. 19 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Collection and transfer sites for resource recovery. Communication towers above specified height, subject to section 2.6.35. Social and fraternal organizations. Veterinary clinic. Group care facilities (category I and II); care units; 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 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. Golf courses and/or golf driving ranges. Oil and gas field development and production subject to state field development permits. Sports instructional schools and camps. Sporting and recreational camps. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. Additionally, the sale of fresh produce is permissible at retail plant nursuries as an incidental use of the property as a retail plant nursery. c. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. Asphaltic and concrete batch making plants subject to the following conditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. 2O NOV 2 9 ', 23. f. Hours of operation shall be limited to two hours before sunrise to sunset. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91 ~ 103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida state park system as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county, state or federal jurisdictional wetland area. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subiect to the following criteria: (1) Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on a Site Development Plan. Existing trails are preferred. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of the vehicles, the number of vehicles, and the passenger capacity of the vehicles shall be determined by the Board of Zoning Appeals during the Conditional Use process. i OV 000 (6) Motor vehicles shall be permitted to operate during daylight hours, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The Board of Zoning Appeals has the power to review a Conditional Use for tour operations, annually. If, during the review at an advertised public hearing, it is determined by the Board of Zoning Appeals that the tour operation is detrimental to the environment, and no adequate corrective action was taken by the petitioner, the Board of Zoning Appeals may void the Conditional Use. 22 AGENDA ITEM · 2 9 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ronald F. Nino, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC 2.34 LDC SECTION: 2.2.8.4.5. Maximum Density Permitted CHANGE: To amend 2.2.8.4.5 to reinstate a density of twenty-six (26) units per acre for hotels and motels for projects less than two (2) acres in size. REASON: When this section was last amended staff failed to realize that the effect of the change to a Floor Area Ratio method of determining intensity of use had the effect of reducing the development potential of small parcels of land below what was then possible under the density provision of twenty-six (26) units per acre. This amendment restores to smaller parcels of land (I.E. two (2) acres or less) the ability to enjoy the density expectations then had before the last amendment. FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or operational impacts. RELATED CODES OR REGULATIONS: None Amend the LDC Code as Follows: 2.2.8.4.5. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, for projects containing two (2) acres or less. A maximum of 16 units per acre for multifamily uses when located within an activity center or if the RT zoning was in existence at the time of adoption of this code. When located outside an activity center, except as provided above, the density shall be determined through application of the density rating system established in the Collier County growth management plan, but shall not exceed 16 units per acre. In all other cases the provisions of Sec. 2.2.8.4.8. shall apply. 23 AGEh~)A I1 NOV 2 9 200 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: 2.36.1 LDC SECTION: 2.2.10 Mobile Home District CHANGE: 1) Amend purpose and intent statement to acknowledge that conventional stick/on-site built homes are also allowed in the modular built district. 2) Amend the permitted use section to allow single-family homes as defined in the LDC. REASON: The traditional base would not apply in the case of someone electing to build a home in a mobile home zoning district. Because lot sizes and lot area requirements are the same for mobile home lots as for lots in the RSF-5 and 6 zoning district the premise is that density is unaffected and the decision to mix mobile homes and site built homes is a personal choice decision. In all likelihood this will give buyers a mobile home zoned lots the added flexibility of purchasing manufactured housing as their choice in lieu of a mobile home all of which could promote affordable housing goals. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend LDC code as follows: Section 2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County growth management plan. The maximum density permissible in the mobile home 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 the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee Future Land Use Map of the Growth Management Plan. 2.2.10.2. Permitted uses. The following uses are permitted as of the right or as uses accessory to permitted uses, in the mobile home district (MH). 1. Mobile homes. 24 AGENDA ITEM · 2 9 2000 2. Modular built homes. 3__-2. Family care facilities, subject to Section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designation specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 2S 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Michele R. Mosca, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.28. Immokalee Overlay District specifically sections 2.2.28.3. SR 29 Commercial Overlay Subdistrict; 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict; and 2.2.28.8. The Main Street Overlay Subdistrict. CHANGE: Add text to the Main Street Overlay Subdistrict to prohibit communication towers and to clarify the intent of the landscape provision; add text to the SR 29 Commercial Overlay and the Jefferson Avenue Commercial Overlay Subdistricts to prohibit projects with a total building square feet of less than or equal to 5,000 square feet in size from utilizing the existing landscape provisions for said subdistricts; and correct scrivener's errors. REASON: The Immokalee Overlay District and its associated subdistricts were created to encourage development and redevelopment by establishing flexible design and development criteria suitable for the varying land use needs of the community. This flexibility was not intended to include communication towers in the Main Street Overlay Subdistrict nor intended to continue the use of the landscaping criteria, as originally proposed in the SR 29 and Jefferson Avenue commercial overlay subdistricts. The landscaping criteria originally established for the SR 29 and the Jefferson Avenue commercial overlay subdistricts was intended to be greater than required by code, thereby providing additional landscape buffering adjacent to residential properties and right-of-ways. However, both the SR 29 and Jefferson Avenue commercial overlay subdistricts were overlooked during the period in which changes were made to the landscape provision of the Land Development Code (LDC) in 1991. As a result, this "entry- way" (SR 29) and the Jefferson Avenue commercial subdistrict have less stringent landscaping requirements than was originally intended. Consequently, this oversight will necessitate future amendments to the Land Development Code in order to provide an opportunity for the community to reassess the "vision" of these commercial corridors as well as to make design and development criteria consistent with the current code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.28. 2.2.28.3. Immokalee Overlay District State Road 29 Commercial Overlay Subdistrict: special conditions for the properties abutting SR-29, as identified o~ in the lmmokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. 26 Map 2 S.R. 29 COMMERCIAL OVERLAY SUBDISTRICT (SR29COSD) 2.2.28.3.1. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. 2.2.28.3.2. Applicability. These regulations apply to the commercial district along SR-29 as identified on the Immokalee Future Land Use Map. 2.2.28.3.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.3.3. 1. Access points to SR-29 shall comply with Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 440-feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to SR-29. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the board of zoning appeals for a variance from the standard in this sub- filetflor nc u,~ill nnt he onntrnry tn the nnhlic interest when nwing to ?ecial conditions ~-~ ~ ................... i- ..................... peculiar to the property, a literal enforcement of these standards would res~ unnecessary and undue hardship. 2.2.28.3.4. Shared parking arrangements between adjoining developments shall be encouraged. 2.2.28.3.5. Deceleration and acceleration lanes shall be provided. 2.2.28.3.6. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. 2.2.28.3.7. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. 2.2.28.3.8. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide a ten-foot Type A landscape buffer as described in section 2.4 between vehicular rights-of-way with required sidewalks and adjacent residential development. Adjacent commercial projects shall provide coordinated landscape plans. 2.2.28.3.9. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide A-an area equal to a minimum of two and one-half percent of the total interior vehicular use area shall be landscaped to provide visual relief. 2.2.28.3.10. Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.3.-t-0.11 Buildings shall have a maximum height of 50 feet. 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict: special conditions for the properties abutting Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. 28 ! . ov 29 2000 Map 3 JEFFERSON AVENUE COMMERCIAL OVERLAY SUBDISTRICT {JACOSD) 2.2.28.4.1. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties. 2.2.28.4.2. Applicability. These regulations apply to the commercial district along Jefferson Avenue as identified on the Immokalee Future Land Use Map. 2.2.28.4.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.4.3. 1. Access points for future commercial development shall be limited to a maximum of one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged to utilize shared access points with adjoining commercial development. 29 29 2000 2.2.28.4.3.2. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.4.4. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide A a ten-foot Type A landscape buffer as identified in section 2.4.5 of this Code o~u ~, ......;a~a ........ v .......on Jefferson Avenue ~- ~" .......;,~ ~...a.~.,o 2.2.28.4.4.1. Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.4.5. Provisions for shared parking arrangements with adjoining developments shall be encouraged. 2.2.28.4.6. Commercial buildings shall be set back from Jefferson Avenue a minimum of 25 feet. 2.2.28.4.7. Commercial building shall have a maximum height of 50 feet excluding ten feet for under-building parking. 2.2.28.8 Main Street Overlay Subdistrict: Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET OVERLAY SUBDISTRICT // I ~ [ i 111 3o 2000 2.2.28.8.1 Purpose and intent. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. 2.2.28.8.2 Applicability. These regulations apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified by the designation "MSOSD" on the applicable official Collier County zoning atlas maps. 2.2.28.8.3 Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this subdistrict, and the following use may be permitted as a right in this subdistrict: 1. Hotel and Motels (group 7011). 2.2.28.8.4 Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this subdistrict, and the following uses are permitted as a right in this subdistrict: All uses allowed in the Commercial Professional District (C-1), of this code, except for group (7521). 2.2.28.8.5 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses, shall be prohibited in the Main Street Overlay Subdistrict: o o Automobile Parking (group 7521) on all properties having frontage on Main Street, North First Street, South First Street and North 9th Street within the Main Street Overlay Subdistrict. Automotive dealers (groups 5511, 5521, 5531 installation, 5551,5561,5571,5571,5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Gasoline Service Stations (group 5541) on all properties having frontage on Main Street and gasoline service stations (group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Radio and Television Repair Shops (group 7622 automotive) is are prohibited on all properties having frontage on Main Street, North First Street ~d-o51,,6,~A r First Street within the Main Street Overlay Subdistrict. ! NOV 29 2000 10. Outdoor Storage yards and outdoor storage are prohibited within any front, side or rear yard on all properties within the Main Street Overlay Subdistrict. Drive-through areas shall be prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. Warehousing (group 4225) Communication Towers, as defined in section 2.6.35 of this code Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shall be prohibited. 2.2.28.8.6 Accessory uses. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. 2.2.28.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures established in section 2.7.4 and as set forth below: A. Local and Suburban passenger transportation (groups 4131 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. 2.2.28.8.8 Outdoor Display and Sale of Merchandise. Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietor's occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: Vehicular and pedestrian traffic safety measures. Location of sale/display of merchandise in relation to parking areas. Fire protection measures. Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights-of-way; clearance for non-obstructed pedestrian traffic; and 3. Limited hours of operation from dawn until dusk 2 .q 2000 ~,, ~ . 2.2.28.8.9 Dimensional Standards. Subject to the provisions of this code, for each respective zoning district, except as noted below: 2.2.28.8.9.1 Yard requirements. Maximum yard requirements. 1. Front Yard: 7 or 10 feet. 2. Side Yard: 0 - 10 feet. Minimum yard requirements. 3. Rear Yard: 0 or 5 feet. 4. Abutting Residential. 20 feet. 2.2.28.8.9.2 1. Maximum height of structures. All structures shall be no more than 35 feet in height, except hotel/motel uses shall be no more than 50 feet in height. 2.2.28.8.10 Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards for parking within the Immokalee Central Business District, and as set forth below: 1. Outdoor caf~ areas, shall be exempt from parking calculations. 2. All properties within the Main Street Overlay Subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to locate all parking in the rear and/or side yards. 2.2.28.8.11 1. Signs. As required in division 2.5. and as set forth below: Projecting signs are allowed in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. 2.2.28.8.12 Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects, except as set forth below: Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. Reflective or darkly tinted glass is prohibited on ground floor windows. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from Section 2.4.3.1. o£ the Landscaping and Buffering provision, requiring the seal of a ~ands~t~ architect and shall also be exempt from Division 2.8. Architectural!.and~Si!,e__~.'-_-- NOV 29 2000 Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. The minimum commercial design criteria, as set forth above, are shall nat b._¢_e applicable to projects with a total building square feet of less than or equal to ~ 5,000 square feet m-sie-e. 2.2.28.8.13 Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict'.-. The following landscape buffering criteria shall be applicable projects with a total building square feet of less than of equal to 5,000 square feet: a. properties adjacent to residenttally zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 fe~ foot mhei. gh4 high hedge or wall (4 feet at planting; 6 feet within one year) with trees spaced no more than 25 feet on center; b. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 5 foot wide landscape a ~: .......;~,~r .............. v ..........buffer of 4-feet-m width, with a single row hedge v.'ith and trees spaced no more than 30 feet on center; _. ~,,n ~ ...... :.~ c~.. ~ ...... ;~' The hedge shall be a minimum of 3 gallon plants 2 feet in height spaced a minimum 3 feet on center at planting. a minimum 5 foot buffer, with at least two trees o~ eac--h per lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and/or flower boxes for each such property, as recommended by the County Landscape Architect or County Planning Director; and e l.l.'111..ul.. ........ 1-- .......... ~ ........ , ............... , ar~ ppli ,~ · _,~; ...........,~,~, ~ arm square feet in size. a :able ' ....merc'a~ ~,,~j ....e, .............,,~ Go LDC AMENDMENT/ / 34 ORIGIN: Community Development & Environmental Services AUTHOR: Debrah Preston, Chief Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District CHANGE: To create the Bayshore Drive Mixed Use Overlay District REASON: The Board of County Commissioners directed staff to develop an overlay for the Bayshore Drive corridor that would provide flexibility in uses and standards and provide an incentive for redevelopment along this corridor. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Section 2.2.33 Bayshore Drive Mixed Use Overlay District 2.2.33 Bayshore Drive Mixed Use Overlay District: special conditions for the properties adjacent to Bayshore Drive as referenced on Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1 Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small- scale mixed use development. This district is intended to: revitalize the corarnercial and residential development along this corridor; enhance the waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2.2.33.2 Applicabilit3,. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. 3S BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT Map BMUD #1 36 2.2.33.3 Iljustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics projects. Variations from these iljustrations, which nonetheless adhere to the provisions of this section, are permitted. 2.2.33.4 Subdistricts. There are three subdistricts identified within the Bayshore Mixed Use District: Neighborhood Commercial; Waterfront; and Residential. The boundaries of these subdistricts are identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed-use development is permissible and may include all of the uses specified in the corresponding neighborhood commercial and residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. 2.2.33.5 Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. 2.2.33.6 Permitted uses. For all of the properties located within the Neighborhood Commercial Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District, the following uses are permitted as of right in this subdistrict: a. Accounting, auditing and bookkeeping services (8721). b. Amusement and recreation services (groups 7911, 7991, c. Apparel and accessory stores (groups 5611-5699). d. Barber shops (7241). e. Beauty shops (7231). f. Business services (groups 7311, 7313, 7322-7338, 7384). g. Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (institutional), industrial feeding). h. Food stores (groups 5411 except convenience stores, and supermarkets, 5421- 5499). i. General merchandise stores (5331-5399). j. Offices for engineering, architectural, and surveying services (groups 8711- 8713). k. Health services (8011-8049, 8082). 1. Home furniture, furnishing and equipment stores (groups 5714-5719, 5731- 5736). m. Hotels and Motels (7011 except hostels). n. Insurance carriers, agents and brokers (groups 6311-6361,6411). o. Legal services (8111). p. Management and public relations services (groups 8741-8743, 8748). q. Membership organizations (8611-8699). r. Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing Miscellaneous retail services (5912, 5932 -5949, 5992-5999). Museums and art galleries (8412). 3'7 u. Personal services (groups 7212,7291 ) v. Photographic studios (7221). w. Public administration (groups 9111-9199, 9229, 9311,9411-9451,9511-9532, 9611-9661 ). x. Real estate (groups 6531-6541). y. Security and commodity brokers. dealer, exchanges and services (groups 6211- 6289) z. Shoe repair shops and shoeshine parlors (7251). aa. United States Postal Service (4311 except major distribution center). bb. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record se~'ices only, all excluding outdoor kenneling). cc. Videotape rental (7841) dd. Residential with the following limitations: multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive 2.2.33.7 Prohibited uses All uses prohibited within the underlying residential and commercial zoning districts contained within this District, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay District: fo Wo Xo Gasoline service stations (5541). Outdoor storage or merchandising unless specifically noted Drive-through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive-through establishments. Single-use "big box" establishments (over 15,000 sq. ft.) Automotive dealers.(5511,5521 ) Automotive repairs (7532-7539,7549) Boat Dealers (5551) Carwashes.(7542) Agricultural services (0711-0783) Kennels and veterinary services.(0752,0279,7948) Building material sales (5211) Warehousing(4225) Communication towers Bars, lounges, bottle clubs (5921,5813). Convenience stores. (5411) Adult entertainment. Laundromats.(7215) Tattoo parlors.(7299) Labor pools.(7363) Homeless shelters or soup kitchens (8322 and 8361) Commercial parking lots (7521 ) shall not be permitted on parcels that have water access Pawn Shops. (5932) Title Loans. (6541) Self and mini storage units. (4225-4226) 2.2.33.8Accessory uses. 38 ? :: 2000 i' 1. Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited by this subdistrict. 2. Properties immediately adjacent to Haldeman Creek may engage in boat rental operations. Conditional Uses. The followin~ uses are permitted as conditional uses in the sub- district subject to the standards and procedures established in division 2.7.4. a. Child Care centers and adult day care centers (8351) b. Churches and houses of worship (8661) c. Increase building height to maximum height of one-hundred (100) feet in the Neighborhood Commercial sub-district for commercial uses that front Bayshore 2.2.33.9 2.2.33.10 Drive. Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. o No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project site. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. B. The outdoor display/sale of merchandise is permitted on improved commercially-zoned properties and is subject to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: o o o Vehicular and pedestrian traffic safety measures. Location of sale/display of merchandise in relation to parking areas. Fire protection measures. Limited hours of operation from dawn until dusk. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory_ to. Vendor carts located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. 2.2.33.11 Dimensional standards. 2.2.33.11.1 Minimum Yard requirements. Front Yards- At five (5) feet, eighty (80) percent of the structure must be located at the required front setback line. In-fill projects may vary from this front setback line in order to keep a consistent front yard with adjacent exiting structures. Side Yards -Five (5) feet, except when abutting the residential dis~ will be 15 feet. 39 o Rear Yards- Twenty (20) feet Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. Where possible buildings facing Bayshore Drive wrap around the comer as depicted on Figure 1. To allow the maximum use of the waterfront, building placement on a lot can vary from the required setbacks, provided such variation is recommended by the CRA Staff and County Architect and approved by the Planning Director. 2.2.33.11.2Maximum Densit),. For the residential component- 12 units per acre as required by the Growth Management Plan. 2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot _gross floor area for each building on the ground floor. 2.2.33.11.4 Maximum height of structures. Commercial use buildings are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing only Residential uses are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. First floor of the building at the sidewalk level shall be no less than 12 feet in height from the finished floor to the finished ceiling and shall be occupied by commercial uses only. Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used for parking. 4O Figure 1 - Plan of a typical comer lot development 2.2.33.12 Parking Standards o 3 spaces per 1000 square feet of floor area open to the general public for commercial use Minimum one (1) parking spaces for each residential unit. Outdoor caf6 areas shall be exempt from parking calculations. Access to the off-street parking facility must be from the local street unless restricted due to lot size. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. On-street parking on local streets excluding Bayshore Drive requires an agreement with the County to use the public right of way for parking. Angle or parallel parking (as depicted in Figure 2) is permissible based on the site development plan as approved by the Planning Services Department and built to County standards. The property owner must agree to maintain that portion of the public right-of-way where the parking is located. 4:1. Figure 2 - Typical on-street parld,'ng on local streets On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of Site Development Plan (SDP) or Site Improvement Plan (SIP) approval provided the parking does not interfere with the on-street bike lanes and is located within the block in which o the block that the property is located. Construction or renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the Planning Services Director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. The off-site parking requirements of Section 2.3.4.11 of the LDC shall apply except for the requirements of subsection 2.3.4.11 (4) (g). Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. Off-site parking facilities outside of the BMUD are subject to all of the requirements of Sub-Section 2.3.4.11 of the LDC. 42 ' ';' 9 2000 Shared Parking requirements shall be consistent with those provided in Section 2.3.5 of the LDC code except that the Planning Services Department Director can approve or deny requests instead of the board of zoning appeals or planning commission and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provide the two properties are located with the BMUD. 2.2.33.13 Landscaping- as required in division 2.4, shall apply unless specified otherwise below: 2.2.33.13.] Special buffer requirements for development areas contiguous to residentially zoned property. A fifteen- foot wide landscape buffer area shall be required. This area shall include a six (6) foot high wall, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting Landscaping shall be on the residential side of the wall. 2.2.33.13.2 Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be installed. 2.2.33.13.3 Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4Rear Landscaping Requirements for neighborhood Commercial and Waterfront Districts adjacent to the waterfront. A five foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six- feet- wide and consist of an impervious surface walkway. Walkways must be designed and located to provide an interconnection between adjacent properties wherever possible. Marinas may be exempted from this provision due to safety provisions if approved by the Planning Services Director. 2.2.33.13.5Landscape requirements for properties fronting Bayshore Drive. The intent is to integrate the right- of- way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. 2.2.33.13.6Landscape screening of mechanical equipment such as air-condition units. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-foot high hedge, spaced three feet on center. 2.2.33.14 Special Provisions Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subiect to sprinkler requirements but only from the potable water supply without requirements for backflow protection. Loading docks and service areas shall not be allowed on the frontage line. 2.2.33.15 Architectural Standards 1. All buildings shall meet otherwise specified below: the requirements 43 set forth in division 2.8 nles~¢,, ! NO ' 200 2.2.33.16 o o All buildings adjacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive 35 percent of the building fagare that face Bayshore Drive will be clear glass Attached building awnings may encroach over the setback line by a maximum of five feet. Neon colors shall not be used as accent colors For buildings that abut the waterfront, the rear of the building will be treated as a front faqade in applying architectural standards as provided in division 2.8, unless otherwise specified. Signs. Division 2.5 shall apply, unless specified below: o One wall sign shall be permitted for each single-occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such signs do not exceed 20 percent of the total square footage of the visual faqade of the building to which the sign will be attached and shall not exceed 65 square feet in area. In addition, hanging or projection signs are permitted provided such signs do not exceed 6 square feet, and shall not project more than 4 feet from the building in which the sign will be attached. This sign shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. No freestanding signs shall be permitted. In addition, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and not to exceed one-third of the length of the canopy. Parcels adjacent to the waterfront may have one addition sign to be placed on the faqade which faces the waterfront provided it meets all of the above requirements. Comer buildings or comer units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. No internally lit cabinet signs shall be permitted. 2.2.33.17 Waterfront Subdistrict - The purpose of this district is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18 Permitted Uses ao All uses permitted within the Neighborhood Commercial Subdistrict are permitted. Marinas. (group 4493. except all repair, storage and sales of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways. No outside display of boats for sale or rent shall be Bayshore Drive. 44 AGENDA ITEk~ 2000 2.2.33.19 Conditional Uses-Marina a. Fuel Facilities (if permitted the fueling station canopy must be architecturally consistent with the building design.) b. Increased building height to maximum height of one hundred (100) feet in the waterfront sub-district. 2.2.33.20 Special Conditions for marinas a. All repair and storage shall not be visible from the local street. b. All sales of boats shall occur in a covered area that is architecturally consistent eo with the building it serves. Boats available for rental purposes shall be located in the water or properly screened from the local roadways. No outside display of boats for sale or rent shall be visible from Bayshore Drive. All boat racks shall be enclosed. 2.2.33.21 Landscape buffer requirements for development contiguous to residential zoned property. A twenty- foot- wide landscape buffer area is required. Such buffer must include a minimum six (6) foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.22 Parking 1. Parking requirements are the same as those set forth in the Neighborhood Commercial sub-district. 2. Marinas- one parking space per five dry boat storage spaces. 2.2.33.22.1 On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.23 Residential Subdistrict. The purpose of this district is to encourage the development of multifamily residences as a transitional use between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and faqade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. 2.2.33.23.1 Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two-family dwellings c. Townhouses d. Multi-family dwellings 2.2.33.23.2 Uses accessory to permitted uses. Uses and structures that are accessory to and incidental to the uses perrnitto~d aq ~ of right. f AC.W_r~A m Private docks and boathouses subject to section 2.6.21 and 2.6.22.!'~'-----~ 45 ~ 2000 gl. 2.2.33.23.3 Minimum lot width: Single-family: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. 2.2.33.23.4 Yard requirements. The following yard requirements shall apply and are in relation to the platted property boundaries. Front Yard At*Min. Side Yard Min. Rear Yard 7-1/2 feet unless One (Single) Family10 feet abutting commercial15 feet Dwelling Units property, then 5 feet 5 feet unless abutting Two Family 10 feet single family unit,15 feet Dwelling Units then 7.5 feet 0 feet when abutting another townhouse, if Townhouse 10 feet not then the same 15 feet standards as a two family dwelling unit. Multiple Family 5 feet unless abutting (Three or more) 10 feet single family unit,15 feet Dwelling Units then 7.5 feet *Shall be 10 feet from the property line to the building footprint. 2.2.33.23.5Minimum floor area: 750 square feet per unit 2.2.33.23.6 Maximum height of structures.(Measured from Federal Emergency Management Agency (FEMA ) to building eave) Principal structures. Three habitable floors or a measure of 40 feet. Accessor3, structures. 15 feet except for screen enclosures, which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.23.7 Minimum off-street parking. Minimum off-street parking is one space per dwelling unit. There shall be no visible parking area from the frontage road. 2.2.33.23.8 On street parking requirements.(RESERVED) 2.2.33.23.9 Building placement and design. Buildings and their elements shall adher to following: (See figure 3): ,ov 29 2000 46 Buildings shall be divided using articulation and/or modulation at least every 80 feet. Fagade modulation is stepping back or extending forward a portion of the facade at least 6 feet measured perpendicular to the front fagade for each interval. Articulation includes porches, balconies, bay windows and/or covered entries. The primary residence shall be oriented to the street. Orientation is achieved by o the provision of a front fagade including an entry door that faces the street. On corner lots, both street facades of a building shall have complementary details; in particular, building materials and color, roofiines and shapes, window proportions and spacing, and door placement. All mechanical equipment must be screened with a three-foot height hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. Stem wall construction required, no monolithic construction allowed. 2.2.33.23.10 Elevation. Buildings shall adhere to the following elevation requirements: The first habitable floor at the street faqade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40°70 of the first habitable floor may be greater than one foot over the FEMA-designated minimum first floor elevation. Open stilt-type construction is not permitted. On front yards, the faqade area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. The garage floor shall not exceed 24 inches above the elevation of the right-of- way from which it is accessed. 2.2.33.23.11 Front Porches. Front porches that adhere to the following standards may encroach seven (7) feet into the front yard setback, with an additional three (3) foot encroachment allowable for entry stairs. Front porches must cover a minimum of 40% of the horizontal length of the front yard fac;ade of the primary residence. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. Front porches shall not be air-conditioned nor enclosed with glass, screen, or other material. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.23.12 Garages and driveways. The rear setback may be reduced to 10 feet if a front-access garage is constructed on the rear of the residence. Garage doors shall have a maximum width of 16 feet. Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of i 8 feet in the right-of-way ~r,'a .... G A Other than the permitted driveway, the front yard may not be )pave~} otherwise used to accommodate parking. 47 29 2000 Garages shall be recessed a minimum of three (3) feet behind the front facade of the primary residence. No carports are permitted. 2.2.33.23.13 Accessory Units. An accessory units is a separate structure located at rear of the property and related to the primary residence for uses which include, but are not limited to: library, studio, workshop, playroom, or guest quarters. Ownership of an accessory unit may not be transferred independently of the primary residence. The following regulations regarding accessory units apply: o Only one accessory unit is permitted per primary residence. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. The accessory unit may be above or on the side of a garage and may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet, measured from the level of graded lot to the eave, and with a maximum overall building height of 24 feet to the top of the roof. A structure containing only a/~uest unit is limited to one story and 10 feet, measured from the FEMA first habitable floor height requirement to the eave, with a maximum overall building height of 16 feet to the top of the roof. For purposes of calculating density, an accessory unit will count as one-half a dwelling unit. 2.2.33.23.14 Density. One Single-Family Dwelling Unit or minimum 2 residential units per platted lot or maximum 12 units per acre. 48 NOV 2 9 2000 Figure 3-Typical front elevation for residential development. ORIGIN: Planning Services Staff AUTHOR: Ray Bellows, Principal Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time. CHANGE: To create a Goodland Zoning Overlay District that reduces the maximum building height from three (3) levels of habitable space to two (2) levels of habitable space for properties zoned Village Residential (VR) in Goodland only. In addition, minimum lot area for single family and mobile home lots in the "VR" District are reduced from 6,000 square feet to 4,275 square feet while the minimum lot width is reduced from 60 feet to 45 feet. REASON: Based on a survey of 152 property owners in Goodland, a majority of the respondents indicated their desire to have a zoning overlay that provides development standards that maintains the small town - fishing village environment of Goodland. By limiting height of new structures to two habitable levels, these new structures will be more compatible with the existing structures. In addition, the reduction of the minimum lot area and lot width for the Village Residential single family and mobile home lots are intended to make the pre-existing non-conforming platted 4,275 square foot lots with a minimum lot width of 45 feet conforming lots of record. Furthermore, any new subdivision will allows lots that reflect the currently platted single family "VR" lots. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Division 2.2.9. (Village Residential) Amend the Land Development Code as follows: Sec. 2.2.34. GOODLAND ZONING OVERLAY (GZO) DISTRICT 2.2.34.1 2.2.34.2 Purpose and Intent (GZO): To create design guidelines and/or amend the existing development standards that will assure the orderly and appropriate development in Goodland, while still providing sufficient flexibility for the property owner and design professionals. The Goodland Zoning Overlay District is intended to provide regulation and directio,~ under which the' growth and development of Goodland can occur with assurance that the tropical fishing village, small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map 1 below. 5O GOODLAND ZONING OVERLAY BOUNDARY I MAP ! 2.2.34.3 Applicability: The regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in the Collier County Land Development Code (LDC). In the event of a conflict between other provisions of this Code and these regulations, these regulations contained in this overlay shall apply. 2.2.34.4 Development criteria. The development criteria and standards for each zoning district in Goodland (as provided for in the Land Development Code) shall apply for all uses and structures in this overlay district unless specifically superseded below. 2.2.34.4.1 Maximum building height. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use provided that no residential building may contain more than two (2) levels of habitable space. 2.2.34.4.2 Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use except for the following: ao Single family/Mobile Home: Lot area: 4,275 square feet. Lot width: 45 feet. 51 AGF..NDA ITE~ NOv 2 2000 ORIGIN: Planning Services Staff AUTHOR: Ray Bellows Principal Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time. LDC SECTION: 2.2.35. Declaration Of A Partial Moratorium For Multi-Family Residential Development The Goodland Area. CHANGE: To declare a partial moratorium for properties zoned Village Residential (VR) in the Goodland Area. REASON: The Goodland Civic Association has requested that a multi-family residential building moratorium be implemented for properties zoned "VR" Village Residential within Goodland until such time as a zoning overlay regulating multi-family development is implemented. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Division 2.2.34. Amend the Land Development Code as follows: Sec. 2.2.35.Declaration of a partial moratorium for multi-family residential development the Goodland area. 2.2.35.1.Duration. For a period not to exceed one (1) year from the adoption of this Land Development Code amendment. 2.2.35.2.Geographic scope of the of the Goodland area. The geographic scope of the Goodland area shall be as follows: Includes: All lands zoned "VR" Village Residential. 2.2.35.3.Prohibited uses. The following use is hereby prohibited for a maximum one year period while the Goodland Zoning Overlay is being developed. 1. Multi-family Residential Dwellings. Exemptions. Properties in all other zoning districts including single-family and other uses in the Village Residential Zoning District. In addition, any multi-family use in the Village Residential Zoning District in the Goodland area for which completed applications for development approval (site development plan) and/or building permits that were filled and approved by the County prior to the adoption of the moratorium. s2 ! 79 2000 2.2.35.4. 2.2.35.5. Map. The following map dipicts the Village Residential Properties within the Goodland area. c E 892 GOODLAND ZONING OVERLAY BOUNDARY MAP 1 53 ORIGIN: Community Development & Environmental Service Division AUTHOR: Michelle Edwards Arnold, Code Enforcement Director DEPARTMENT: Code Enforcement LDC PAGE: LDC2:145 LDC SECTION: 2.4.4.12 CHANGE: Add Carrotwood, Cupaniopsis anacardioides, to the Prohibited exotic species list REASON: To reduce the problems associated with the invasive growth habit and high maintenance costs of this plant FISCAL & OPERATIONAL IMPACTS: The County would be required to remove this species on it's own properties. RELATED CODES OR REGULATIONS: None 2.4.4.12 2.4.4.12.1 2.4.4.12.2 2.4.4.12.3 2.4.4.12.4 2.4.4.12.5 2.4.4.12.6 2.4.4.12.7 2.4.4.12.8 2.4.4.12.9 2.4.4.12.10 2.4.4.12.11 2.4.4.12.12 Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11, the following species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. Melaleuca spp. (punk tree). Schinus terebinthifolius (Brazilian pepper). Any member of the family Casuarinaceae (Australian pine). Rhodomyrtus tomentosa (downy rosemyrtle). Dioscorea bulbifera (air potato) Colubrina asiatica (lather leaf). Lygodium spp. (climbing fern). Syzygium cumini (Java plum). Mimosa pigra (catclaw mimosa). Acacia auriculiformis (earleaf acacia). Albizia lebbeck (Women's tongue). Cupaniopsis anacardioides (Carrotwood) LDC AMENDMENT/ / 54 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Kim Maheuron, Environmental Specialist I Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:151 LDC SECTION: 2.4.6. Minimum Landscaping Requirements CHANGE: Cross referencing of landscape requirements between section 2.6.35 Communication towers and Division 2.4 Landscaping and Buffering. REASON: To improve landscape screening of communication towers by requiring planting of trees. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.6.35.21. (Communication Towers) Sec. 2.4.6. Minimum Landscaping requirements. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of section 2.4.4.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 2.4.6.1. Residential developments. One canopy tree per 3,000 square feet of lot area, or two canopy trees per lot, whichever is greater, with the maximum number required: 15 trees per lot. 2.4.6.2. Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. 2.4.6.3. Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. 2.4.6.4. Cotnmunication towers. An 8' high, 100% architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one oz tne muowing ways so as to provine the eqmvmcrm ui minimum code size trees located 25' o.c. and a 3' height hedge planted 3' o ~"- ss AC:~A ITE.~ NOV 2 9 2000 (a) If native vegetation is present within the lease parcel, a minimum 20' wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. (b) If native vegetation is present but not dense enough to meet the equivalent of the tree and hedge requirement, it must be supplemented with plantings to meet the tree and hedge requirements. (c) On sites where no native vegetation is present, a 15' wide landscape buffer with minimum code size trees located 25' o.c. and a 3' height hedge planted 3' o.c. must be planted. At the discretion of the County Landscape Architect, some or all of these landscape buffering requirements may be displaced to a ro.w. landscape buffer located within the lease parcel when it better serves the public interest of screening the view of the communication tower. -2--A.:6~. 2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide littoral zone plantings of emergent, aquatic vegetation in accordance with Section 3.5.7.2.5. 2.4.6.5.6. BuiMing perimeter plantings. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses shall provide building perimeter plantings in the amount of 100 square feet per 1,000 square feet of proposed building ground level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of five feet wide. Water management areas shall not be a part of this five- foot planting area. (Ord. No. 96-66, § 3.D, 10-30-96) AGENDA ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:152:1 and 2:152:2 LDC SECTION: 2.4.7.4. Types of Buffers CHANGE: Replace the word "minimum" with the correct word "maximum" to describe spacing of hedge material in an Alternative B landscape buffer. Require landscaping along internal roads of commercial developments. Require landscaping on the outside of fences or walls that front major roadway corridors. REASON: Clarify maximum/minimum spacing on Alternative B hedge requirements. To clarify requirement of landscaping along internal roads of commercial developments. Landscaping is now being required along the outside of fences facing major street corridors in response to complaints about fences without landscaping being installed. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.4.7.4. T3;oes of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a minimum maximum four feet on center at planting. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the correspo_n_ding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape Tff'ft'~gUo_~-7~ ,qv 29 2000 at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of- way or primary access road internal to a commercial development. A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section ~2.4.4.4. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24" in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. The remaining area of the required landscape buffer shall consist of must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. 58 N ,V 2 9 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian, Ph.D., AICP DEPARTMENT: Planning Services LDC PAGE: LDC2:155 LDC SECTION: 2.5.5.1.6. CHANGE: Allowing artistic expressions and architectural embellishments on walls of residential subdivisions. REASON: The Collier County Land Development Code does allow up to 2 signs with a maximum combined area of 64 square feet. The Code does not provide for any architectural and artistic embellishments on walls built around residential subdivisions. A great number of developments have asked for permit to enhance their walls with those pictorial embellishments. Since the Code does not provide for this types of artistic expressions their request were denied. FISCAL & OPERATIONAL IMPACTS: This minor amendment should have no fiscal or operational impact. RELATED CODES OR REGULATIONS: None.. Amend Section 2.5.5.1.6. as follows: 2.5.5.1.6. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet 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: Such signs 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 10-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of Section 2.5.5.1.6 may be substituted for ground of wall signs in residential districts. 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. Graphic artistic or architectural embellishments less than 10 square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such should be considered an integral part of the sign and shall be subject ~ restriction of this Section. ~ NO '?9 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:178 LDC SECTION: 2.6.4.2. (Minor after-the-fact yard encroachments) CHANGE: Add language stating that the criteria for administrative approval of encroachments for structures for which a certificate of occupancy (C/O) has been granted will apply to the required yard (setback) at the time of approval of the C/O. REASON: Structures built and permitted under previous codes, in zoning districts where the setbacks have become more restrictive, are occasionally found with minor encroachments into the original required yard(s). Generally, spot surveys, which determine that the structure meets setback requirements prior to issuance of a C/O, were not required at the time that these structures were built. The structures therefore do not enjoy legal, nonconforming status, and an after-the-fact variance is required to grant legal status, either conforming or nonconforming. The addition of this language would allow these structures to be granted legal nonconforming status administratively, by applying the same dimensional criteria to the setbacks used at the time of construction, instead of requiring the property owner to go through the costly and time- consuming process of applying for an after-the-fact variance that would almost certainly be granted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Division 1.8 (Nonconformities) 2.6.4.2. Minor after-the-fact yard encroachments 2.6.4.2.1 Minor after-the-fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: Structures for which a certificate of occupancy has not been granted. The development services director may administratively approve minor after-the- fact yard encroachments of up to 5 percent of the required yard, not to exceed a maximum of 6 inches. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may administratively approve minor after-the-fact yard encroachments of up to ten percent of the yard required yard as of the date on which the certificate of occupancy or final development order was granted, not to exceed a maximum of two feet. LDC AMENDMENT/ / 6O ORIGIN: Community Development & Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:183- 2:185 LDC SECTION: 2.6.1 1. Fences CHANGE: 1) Amend language to correct scrivener's error in Section 2.6.11.2.4. of previous amendment. 2) Cross-reference fencing standards specified in Division 2.8 (Architectural & Site Design Standards & Guidelines for Commercial Buildings & Projects). 3) Delete the requirement that the finished side of a fence must face any adjoining lot (but retain the requirement that the finished side must face an abutting right-of-way). REASON: 1) Language indicating fence height limitations for front and side yards of comer lots was inadvertently omitted. This change corrects that omission. 2) The fencing standards in Division 2.8 have occasionally been accidentally overlooked. The proposed change reduces the likelihood of this reoccurring. 3) An increasing number of requests for waivers of this requirement has prompted reconsideration of the necessity for the requirement. Staff considers that this change balances the need to present an appropriate appearance to the neighborhood at large while taking into consideration the property owner's right to enjoy similar benefits without undue expense. 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] 2.6.1 1.2--2.6.1 1.5. 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: 2.6.1 1.2.1. 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. For non-waterfront interior lots one acre or less in area, fences or walls may reach a maximum height of 6 feet for side and rear yards, but are limited to 4 feet within the required front yard. 621. ~GENDA !T~. ! ; 2000 2.6.11.2.3. 2.6.11.2.4. 2.6.11.2.5. 2.6.11.3. 2.6.11.4. 2.6.11.5.6. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to 4 feet. For comer lots one acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to 4 feet, with the exception that any portion of a front yard fence within the safe sight triangle described in section 3.2.8.3.22 is restricted to 3 feet in height. (Two sides of this triangle extend 30 feet along the property lines from the point where the right-of-way lines meet, and the third side is a line connecting the other two.) Fences within required side yards may reach 6 feet. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. 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. Commercial and industrial districts. For the purposes of this section, commercial and industrial districts shall include: Cl~r-, C-2, C-3, C-.4, and C-5 ~ commercial districts; I industrial district; and P public use district; and commercial and industrial tracts or increments of PUD planned unit development. All fences or walls in commercial zoning districts, and all fences and walls on industrial zoned parcels which industrial parcels or tracts abut arterial or collector roads, must also comply with the provisions of Sections 2.8.3.3.3.1. and 2.8.4.2.3.1. (Fencing standards), and 2.4.7.4 (Types of buffers). Unless otherwise provided all commercial and industrially designated lands in PUD'S, Planned Unit Development shall comply with these provisions. Fences and walls shall be constructed to present the finished side of the fence or wall to '~'~ ~'~:~:-:~ ~' "- any abutting right of-way x~,~ ,~,,~ ,~ .~. .......... c ~ 2.6.11. LDC AMENDMENT/RG 62 AGENDA ITEM NOv 2 2000 ORIGIN: Planning Services Staff AUTHOR: Teresa Riesen, Solid Waste Manager and Ronald F. Nino, Current Planning Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC2:186.4 and LDC2:187 LDC SECTION: 2.6.15. Solid Waste Disposal CHANGE: Amend Section 2.6.15. to allow solid waste compactors as an acceptable solid waste disposal method. REASON: To acknowledge solid waste compactors as an acceptable solid waste method. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Amend Sec. 2.6.15. as follows: Sec. 2.6.15. Solid waste disposal Pursuant to Ordinance No. 90-30, as amended. Ssolid waste disposal shall be required in the form of bulk container service (garbage dumpsters an~or compactors) for all commercial establishments and multi-family projects containing five zr mare dwelling .............. e ....r .........................,~ ......................not rece v n curbside pickup ...a ,h...m ;.a:..:~..~ ..-:.~ ~u u .........~o~a ~.:~_ ~,~..u~_ ..... , .... ,0: ......... ,~ .... : ..... :"~ ~ .... Solid Waste Dis~s~ sh~l be required in the fo~ of curbside pick up for ~1 other hosing t~es. 2.6.15.3. 2.6.15.4. Minimum requirements and locational restrictions. In the case of multifamily developments ,,,;,h ....,u~. c .......:, ...........that do not receive curbside ................ per service pick up and choose to use dumpster service, at least one standard size bulk container (dumpster) per every ten units shall be required. All such containers are subject to the following locatiohal restrictions. Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning districts. bo Solid waste bulk containers may be located within a required yard provided they do not encroach into a required landscape area, and further provide that t] ere no blockage of the view of motorists or pedestrians so as to constitute a NOV 2 9 2000 Go In the case of multi-family developments containing more than one structure, no solid waste bulk container (garbage dumpster) shall be located greater than 500 feet from the structure it is intended to serve. do In case of multi-family developments that do not use curbside pickup and that choose to use compactor service the following restrictions apply: ii. 111. Solid waste compactors shall be permitted in all zoning districts. In the case of individually owned multi-family units (condominiums), the owner may utilize a compactor instead of curbside pickup or dumpsters. Compactor service shall only be instituted by the developer prior to the sale of the first unit. A change from curbside or dumpster service to compactor service would require a majority vote by the homeowner'a association. In the case of multi-family developments (rental units) containing more than one structure, the owner may permit a compactor instead of dumpsters at any time. 2.6.15.4.1 Solid waste bulk containers (dumpsters) may be substituted by individual solid waste disposal service (unit by unit curbside pick-up) subject to the following: ao In the case of individually owned multi-family dwelling units (condominiums), individual (curbside) solid waste disposal service may be substituted for the required bulk containers (dumpsters and/or compactors) upon documentation that the subject unit or condominium association, having been turned over from the developer to the residents, has voted in the majority to eliminate the use of dumpsters and/or compactors in favor of individual curbside service for all or part of particular development, subject to acceptance fram ~ctE b_..y the Collier County Solid Waste Department ,~,,a ,~, ......,~ t,~,,~r Additionally the association shall demonstrate that there is adequate access to facilitate curbside pickup and that all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. Do In the case of multi family rental units 1..,,11~ o^l;a the owner may utilize a compactor instead of a dumpster at any time. Go In the case of a commercial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98) Code reference--Solid waste, ch. i i8. I NOV 2 9 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: (Don't know: we haven't gotten the supplement yet) LDC SECTION: 2.6.21. Dock Facilities CHANGE: Add language stating that non-residential docks are subject to all of the provisions of Section 2.6.21, except for protrusion limits, which will be determined administratively by the Planning Services Director at the time of SDP review. REASON: Non-residential docks have never been directly addressed by the LDC. This change corrects that oversight and provides language describing what has, in effect, been Planning Department policy for dealing with these docks. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.6.21. 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 required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. 2.6.21.1.2 Non-residential dock facilities shall be subject to all the provisions of section 2.6.21, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the Planning Services Director at the time of Site Development Plan review, based on an evaluation of the criteria in section 2.6.21.3. 2.6.2i.2. Doc c requirements and .... ~"' - "-" ....~ ......:~--'- ....'-- to -'--'- x~,C~Jlt~C~ restricttons. ~ n~ ~o~uwmg ClltCllU apply and boathouses, with the exception of boat dock faciaties on m~ade l~es~~ ~ manmade b~ies of water under private con~l. ,~. ___~ ~ 2 2000 ORIGIN: Development Services Advisory Committee AUTHOR: Fred Reischl, AICP Senior Planner DEPARTMENT: Planning Services LDC PAGE: LDC 2:212 to LDC 2:214 LDC SECTION: 2.6.33.8. Motion Picture/Television Production CHANGE: Amend Motion picture/television production section. Changes include the section title, limiting the required permit to commercial production, clarification of the insurance requirement, including information on the application to assist the County in obtaining future film production, and permitting the Risk Management Director to determine if the insurance requirement is commensurate with the production (currently determined by the BCC). REASON: To clarify the permit requirements and to eliminate the need for a permit for filming without sets, props or lights. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: Film permit. 2.6.33.8.1. Permit required 5 n ....... ,; .........;~,;... rh~,~ ,..t.o r,m .... Collier c, .......... ...... ~ ..................~, ..........r .......A permit shall be required for the following, in coniunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, temporary structures, lighting equipmere or other apparatus, special effects, or closure of public streets or accessways. This code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. 2.6.33.8.2. Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the ~ Planning Services director; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone number of applicant. Drr~r~f c~f r,r~rnnr~h,*n~ix~,,- o,*n,*ral liability insuranr',- coverage in the, a_rp._OUP. t nf at least $1,000,000.00 combined single limit, with Collier County named a~ additional insured. The applicant shall provide to the Planning Services 1 66 NOV 2 9 21 11. 12. 15. Director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Special effects to be utilized, especially incendiary or explosive devices, with proof ~ r~n of not less than $5,000,000.00 comprehensive general liability v~ l.V~j_ insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and ~: ...... n: .... :"~ license.by from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. Locations, dates and hour of filming scene tc be filmed. The following information is required by the Planning Services Director, unless waived: a. A a .... :.,; .... a ~t.=,~.h conceptual plan indicating the location of film events and parking facilities provided. b. Plans for construction or utilization "~ r~r~ of structures on subject site(s). -- v~ LV~l_ c_.Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. d_.Provide a description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. e. Describe any use which may encroach into environmentally sensitive areas. f. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. g:_. Necessity for closures of public streets or sidewalks and for what duration and location. h_:_. Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s). i_.List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. j.:_. Provisions for traffic control, fire safety and security precautions. k__:_. If located on private property, not under the county's ownership or control, a written notarized agreement will be required from the property owner to allow the filming to occur on his property. 67 1. Additional information requested to assist Collier County in obtaining future film production. 2.6.33.8.3. I i Th ppli h 11 ........:~; .... nsurance requ rements. e a cant s a , oc a ~, ....,~ .......................a pem:t~, maintain in force at all times during the pemt period a comprehensive general liability policy with limits other than those described in ~ Section 2.6.33.8.2 as determined ~ by the Risk Management director ~r ,~= .:o, ........... a:..: o:~. upon a review of the p~icular circumstances involved ~.a a .....="= ~y '~e ................ d ,,, bo~d ofccunt5 .....;oo; .....Said applicant, as a prerequisite to th~; .........t .... .............. r ........shah provide to the Planning Services director a ce~ificate of insurance evidencing that s~d insurance is i~ existence and ce~ifyi~g that Collier County is a named insured and that Collier County be given 30 days' notice prior to the expiration or cancellatio~ of the policy. Any additional insurance requirements for fil~ng on private propeny will be at the discretion of the affected prope~y owner. 2.6.33.8.4. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the ~mm-g Planning Services director. 2.6.33.8.5. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. 2.6.33.8.6. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the ~ Planning Services director, the permit may be issued. If the zoning Planning Services director determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the board of county commissioners. The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. 2.6.33.8.7. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated omt4-y verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. 2.6.33.8.8. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production, which are outside the normal scope of governme~~,~~"~"~""~ services. Based on the information contained in the permit application, an es~fimat~f_ _~=,_. these costs wfil be provided to the applicant prior to issuance of this permit. ~rhe ' ' N0' " 22000 county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. 2.6.33.8.9. Surety bond. A surety bond in die an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond '.'.'ill may be required by the Planning Services Director a corn?any ......................................... ~,~j .........................toprov e r cleanup and/or restoration of the subject site(s). 69 AGF_~DA IIT. M NOV 2 9 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ronald F. Nino, AICP DEPARTMENT: Planning Services LDC PAGE: LDC 2.214 LDC SECTION: 2.6.34. Annual Beach Events Permit (NEW) CHANGE: To amend the Land Development Code for the purpose of adding a new section to establish a special type of annual beach or semi-annual temporary use permit for commercial lodging facilities fronting the Gulf of Mexico, Section 2.6.34. REASON: The hotel industry, in particular those hotels fronting the Gulf of Mexico, regularly have special events which take place on the beach. In order to maintain unimpeded public access along the beach, to address other possible concerns to neighbors including lighting & noise, and because this activity may have an effect upon the natural beach systems, and flora and fauna, particularly during sea turtle nesting season, it is important that a process be established to insure oversight review by the County. At the same time, however, this procedure recognizes the business needs of commercial property owners whose economic well-being is interdependent with their ability to conduct these function on the beach. The Planning Department, in response to inquiries by the hospitality industry and concerns expressed by Code Enforcement, Planning & Natural Resources Department Environmental staff, created a task team to review these issues and develop a process that would: ensure the following: appropriate regulatory oversight; protection of beach resources, particularly dune vegetation and sea turtle nesting sites; unimpeded public access to traverse the beach; minimum intrusion on neighboring properties; and a process that is not overly bureaucratic. The task team worked with the industry to develop the proposed process. While technically a temporary use special event permit is required for each of these events, the circumstance are slightly different in that using the beach-front commercial property for hotel function is a permitted accessory use to the primary lodging & resort function of these properties. An annual or semi-annual permit has been crafted for recording all events on a monthly bases with safeguards in place to protect the public interest and allow county personnel to monitor the events. The regulations crafted recognize the unique relationship that hotels along the Gulf of Mexico enjoy and acknowledge their right to operate events which utilize this resource. For the County's part the structure crafted provides notice and special regulation during turtle nesting season and will'in our opinion be a more effective way of dealing with those uses of beach property. FISCAL & OPERATIONAL IMPACTS: A fee schedule has been proposed which accounts for the fact that the issuance of a permit for a multiple of calendar day events will off-set administrative costs which the county will encounter in its oversight role. This schedule of fees will be reviewed after some period of evaluation to determine whether or not the fees cover our costs. The fee schedule provides a fee the is reduced by 10% when a multiple-day permit is purchased. This 10% fee reduction for multiple-event permit is justified by the fact that the staff review time is reduced. AGEJ~:)A ITF_Jd RELATED CODES OR REGULATIONS: LDC 3.14.3 7o NOV 2 S 2000 Amend the Land Development Code as follows: 2.6.34.1. Annual Beach Events Permit: 2.6.34.1.1. The owner of beach-front commercial hotel-resort property may apply for an Annual Beach Events Permit. The Planning Services Director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned Beach Events as indicated on the permit form and exhibits thereto. 2.6.34.2. For purposes of this section, a "Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. 2.6.34.3. Notice of Scheduled Events: 2.6.34.3.1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all Beach Events scheduled for the following month, in the form and content made a part of the Annual Beach Events Permit application. The notice shall indicate the date, time and duration of each event. The maximum number of days of beach events, during any calendar year, shall be 150 calendar days. 2.6.34.3.2. If a Beach Event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the County with a separate written notice at least 48-hours prior to such event. 2.6.34.3.1 2.6.34.4. Event Cancellations and Postponements: All notices furnished to Collier County pursuant to the permit shall be sent to Collier County Planning Services Department. 71 NOV 2 9 2000 2.6.34.4.1. If a scheduled Beach Event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the County staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2.6.34.4.2. If a Beach Event is canceled or postponed, and no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of Beach Events authorized by the permit. 2.6.34.5. Sea Turtle Nesting Season (May 1st through October 31st of each year): During sea turtle nesting season Beach Events shall be subject to the following conditions: 2.6.34.5.1. A copy of the Florida Department of Environmental Protection (FDEP) Field Permit, if required by FDEP, shall be obtained and furnished to Collier County prior to the time of the scheduled event. 2.6.34.5.2. Set up, including beach raking, for a particular Beach Event shall not commence until after the daily sea turtle monitoring is completed by the Collier County Natural Resources Department staff. 2.6.34.5.3. Use of vehicles is prohibited, except as may be permitted in Section 3.14.3. of this Code. 2.6.34.5.4. All materials placed on the beach for purpose of conducting the Beach Event shall be removed from the beach by no later than 9:00 p.m. of the date of the event. 2.6.34.5.5. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event 2.6.34.5.6. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated or to have additional limitations placed on the event, pursuant to the recommendation of Collier County Natural Resources Department. 2.6.34.5.7. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. 2.6.34.5.8. Notices required by this permit shall also be furnished to Collier County Natural Resources Department. 72 COLLIER COUNTY ANNUAL BEACH EVENTS PERMIT (Issued pursuant to CCLDC § 2.6.34) 1. Applicant: 2. Address: 3. Term this permit is effective from:/ to / 4. Property Owner: Name: Address: Phone: 5. On-site Contact(s): Name: Title: Phone: Name: Title: Phone: At least one of the contacts listed above should be available on-site during any Beach Event held pursuant to this permit. Name: Title: Phone: Name: Title: Phone: 6. Attach two (2) copies of a typical site plan. 7. Notice: (a) Monthly Notice. On or before the 25~h day of each calendar month, Property Owner shall cause Collier County to be furnished with written notice of allitteac. lx.. ..... GE_N~A ~T[J~ Events scheduled for the following month, In form and content smular to Exh~b~ ~ 73 ~ ~.v 2 9 2000 Ioq "B" attached hereto. The notice shall indicate the date, time and duration of each event. (b) Individual Notice. If a Beach Event is scheduled during a month for which the monthly notification has already been furnished to Collier County, then Collier County shall be furnished with a separate written notice for such event. Property Owner shall use reasonable business efforts to furnish such written notification to Collier County no later than forty-eight (48) hours prior to the anticipated starting time of such event. (c) Delivery of Notice: All notices furnished to Collier County pursuant to this permit shall be sent via facsimile to Collier County Community Development, Environmental Services at fax # 643-6968. with a copy sent via U.S. mail to the following address: Collier County Planning Services, Environmental Review Staff, 2800 North Horseshoe Drive, Naples, Florida 34104. Canceled Events: (a) Notification of Cancellation. If Collier County is notified that a Beach Event will occur on a particular date, and such event is canceled or postponed, then Collier County shall be furnished with written notification of such cancellation/postponement. (b) Notification of Rescheduling. If a Beach Event is rescheduled, then Collier County shall be notified of the date and time of the rescheduled event. (c) Canceled Events Not to Count Towards Permit Limit. If a Beach Event is canceled or postponed, no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County is notified of such cancellation/postponement, then the canceled/postponed event shall not count towards the maximum number of Beach Events authorized by this permit. For purposes of this paragraph, Property Owner shall be entitled to cancel/postpone any Beach Event up to one (1) hour after the scheduled starting time for such event. Permit Fees. Number of calendar days Fee 1 calendar day block of 25 calendar days block of 50 calendar days block of 75 calendar days block of 100 calendar days block of 125 calendar days block of 150 calendar days $100.00 $ 2,250.00 $ 4,500.00 $ 6,75O.00 $ 9,00O.0O $11,250.00 $13,500.00 Make all checks payable to: Board of County Commissioners 74 Property Owner shall be entitled to increase the number of Beach Events permitted hereby (subject to the maximum of 150 calendar days per year) by submitting payment to Collier County of the applicable incremental fee in accordance with the fee schedule above. If more than one Beach Event (as defined in CCLDC {}2.6.34.2) is scheduled on a particular date, then such events shall be counted as one (1) calendar day. 10. Acceptance: By acceptance of this permit, Property Owner agrees to defend, hold harmless and indemnify Collier County and its agents from any and all liability which may arise as a result of the issuance of this permit and, agrees to conform with applicable provisions of the Collier County Land Development Code. 1, .propert), owner or propert), manager of the subject property, permit the use the propert), as described herein during the time periods to be indicated on notices furnished to Collier County pursuant to the terms hereof Property Owner/Manager Printed Name: 11. Approval: Date Planner Date Printed Name: This permit is subject to the STANDARD PERMIT CONDITIONS attached hereto as Exhibit "A", and does not constitute approvals which may also be necessary under other local, state and federal regulations, including, but not limited to right-of-way permit, building permit, FAA, FCC, fire district, & DEP. This permit is issued pursuant to information provided by the applicant. 75 2000 #13780 v3.10190-0001 COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 EXHIBIT "A" STANDARD PERMIT CONDITIONS 1. Security: Property Owner is responsible for ensuring that adequate security is provided for each Beach Event. 2. Traffic Safety: Authorization from the Collier County Sheriffs office may be required for certain Beach Events. Property Owner is responsible for consulting the Collier County Sheriffs Office to determine whether separate authorization for a particular event is required. 3. Use of Electrical Apparatus: I need to discuss with Bldg. Dept.] Signage: Use of signs shall be subject to the provisions of the Collier County Land Development Code. Noise: All music shall be subject to the terms and conditions of Property Owner's Music Permit, which permit may be obtained from Collier County on an annual basis. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties made available and not located on the beach. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land Development Code {}3.14. o Public Access: Beach Events shall be conducted in a manner that does not interfere with the public's ability to traverse that portion of the beach owned by the State of Florida. Sea Turtle Nesting Season: During sea turtle nesting season (May 1 stt through October 31 st of each year) Beach Events are also subject to the following conditions: ao A copy of the Florida Department of Environmental Protection (FDEP) Field Permit, if required by FDEP, shall be obtained and furnished to Collier County prior to the time of the scheduled event. Set up, including beach raking, for a particular Beach Event shall not commence until after the daily sea turtle monitoring is completed by the Collier County Natural Resources Department staff. ~ '76 Use of vehicles is prohibited. AGENDA ITEM 2000 ,.._ //,,t do All materials placed on the beach for purpose of conducting the Beach Event shall be removed from the beach by no later than 9:00 p.m. of the date of the event. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. fo Identification of sea turtle nests on the beach may cause the Beach Event to be relocated or to have additional limitations placed on the event, pursuant to the recommendation of Collier County Natural Resources Department. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP. ho Notices required by this permit shall also be furnished to Collier County Natural Resources Department. #13780v4-10190-0001 77 NOV 2 9 2000 EXHIBIT "B" BEACH EVENTS NOTICE FORM 1. Permit Holder Name: 2. Address: 3. Annual Beach Events Permit No.: BETU 4. Month this notice pertains to: Event Date & Time 5. o o 10. 11. 12. 13. 14. 15. 16. 17. 78 2000 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Signed: Date: BETU NOTICE 10/11/00 #13780v4- 10190-0001 79 EXHIBIT "C" BEACH EVENTS CANCELLATION NOTICE FORM 1. Permit Holder Name: Address: Annual Beach Events Permit No.: BETU Month this notice pertains to: Canceled Event Scheduled Date & Time Rescheduled Date (if applicable) & Time o @0 ORIGIN: County Attorney's Office AUTHOR: Tom Palmer, Assistant County Attorney LDC PAGE: 2:222 LDC SECTION: 2.6.35.6.3 Essential Services--Specified Conditional Uses CHANGE: Add text to Section 2.6.35.6.3 of the LDC specifying that towers used primarily for governmental uses may be approved as stand alone essential service facilities. REASON: The language proposed is to specify that a communications tower and/or related facilities owned by, or leased to, a government, and to be used primarily for governmental purposes, such as communications for public safety programs, are to be classified as an essential service facility even when the tower is a stand alone facility and is not associated with any essential services building/structure. This proposed text authorizes conditional use approval of such towers and facilities as essential service facilities when the tower is needed to accommodate governmental services/programs, such as, for example, intelligent transportation services (ITS) used by the Florida Department of Transportation FDOT providing governmental services. It appears that allowing governmental communications towers to essential service sites that must have at least one other principal associated essential services building/structure is too limiting geographically. It appears that more descretion and flexibility is needed, but always subject to site specific conditional use approval. FISCAL & OPERATIONAL IMPACTS: None Amend Section 2.6.35.6. as follows: 2.6.35.6.3. Essential Services--Specified Conditional uses. Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriffs substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be conditional use approved as stand alone essential service facilities provided the tower is to be owned by, or be leased to, a government, and the primary uses of the tower are for governmental purposes. 83. ORIGIN: Community Development & Environmental Services AUTHOR: Kim Maheuron, Environmental Specialist I Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:225 LDC SECTION: 2.6.35.6.21 Communication Towers CHANGE: Cross reference between Division 2.4 Landscaping and Buffering and Section 2.6.35 Communication towers. REASON: Cross reference to landscape section. Communication tower landscape requirements are being relocated to Division 2.4 Landscape and Buffers. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 2.4.7.4 Types of buffers Amend Section 2.6.35.6. as follows: 2.6.35.6.21.Existing native vegetation on the leased parcel, when present, shall be used to meet the landscape buffer requirements per Section 2.4.7.4. Where existing native vegetation is insufficient within the leased parcel area, a ,~ landscaped buffer area no less than ten feet wide shall be developed around the perimeter of each new tower that requires security fencing. Refer to Section 2.4.7.4 for landscape buffer requirements. This buffer ~.l,all enccmpass all new stmcture~ including the tcwer ~"~ At '=%t .........r ~,; ...........;~. ~h~n ~,~ ~, ....a within th, buffer tc r~rm a condition. 82 NOV 2 9 2000 ORIGIN: County Attorney's Office AUTHOR: Tom Palmer, Assistant County Attorney LDC PAGE: 2:226.2 LDC SECTION: 2.6.35.7 Alligator Alley Communication Towers. CHANGE: Add Subsection 2.6.35.7 (9) to the Land Development Code (LDC); also correct scrivener's errors in Subsection (1), (3), and (6); also assign a number to Subsection (8), as shown. REASON: The text in the proposed new subsection is to establish an overlay district to authorize governmental communications towers and accessory communications facilities within the road right-of-way of Interstate Highway No. 75 from just east of the toll booth (near Highway 951) to the eastern boundary of Collier County. All communications towers in the right of way must be owned by, or be leased to, a government. Each communications tower (or any height) must be approved by the beneficial owner of the right of way, which is currently the Florida Department of Transportation ("FDOT"). Communications towers that will not exceed twenty (20) feet in height require only building permit approval from the County. Each tower that is to exceed twenty (20) feet in height shall be subject to conditional use approval by the County, including the four towers previously authorized by Subsection 2.6.35.7 (1) through (8). Representatives on behalf of the FDOT have already proven to the County that the four (4) tower governmental system (that is coupled with the public interest regarding transportation over 1-75) cannot reasonably be accommodated by co-location on any other tower within the effective radius, therefore, there is no need to further exhaust any co-location provisions with regard to those four towers. However, each new communications tower hereafter applied for shall be subject to the shared use (co-location) requirements of Section 2.6.35 of the LDC if the proposed tower is to have a height in excess of one hundred and twenty (120) feet, unless the tower is a monopole. Collier County does not require that any such monopole tower be subject to any co- location requirements, although co-location could be imposed as a condition of approval by FDOT. If an applicant for antenna space on the tower is a government, only the government to government co-location requirements apply. If the application for antenna space on any communication tower in the right of way is not for governmental use(s), the applicant must prove that no other communications tower within the effective radius will be available to accommodate the applicant's needs. FISCAL & OPERATIONAL IMPACTS: None Ammend Section 2.6.35.7. Alligator Alley Communication Towers as follows: (1) Notwithstanding other provisions of Section 2.6.35, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the four towers shall be constructed to replace two existing Florida Department Transportation towers. The four new telecommunication tower sites shall located approximately at: 83 of be (2) (3) (4) (5) (6) (7) (a) mile marker 52.2. The height of the tower shall not exceed 250 feet including antennas; (b) mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; (c) the site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; (d) the site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet including antennas. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation (DOT), the U.S Fish and Wildlife Service (FWS), the National Park Service (NPS), the Department of Forestry (DOF), and Collier County agencies, where practical. Each tower shall be constructed in accord with the standards and requirements of Section 2.6.35 and other applicable sections of the LDC except as expressly provided otherwise in this Section. Minimum yard requirements: There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way and each proposed tower must maintains a separation distance from all adjacent residential property lines equal to one-half (1/2) the tower's height or equal to a Florida Professional Engineer's certified collapse area (fall zone), whichever is greatest, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. Access: Physical access to each tower site shall be as approved by FDOT. Parking: Sufficient unpaved area shall be provided on or adjacent to each tower site to accommodate temporary parking for one vehicle for servicing or maintaining the communication tower. Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted 25 feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one row of native vegetation shall be planted within the buffer to form a continuous hedge at least three feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the Planning Services Director where the buffer is not practical due to public safety problems. A Site Development Plan and construction plans will be submitted to the Collier County Planning Services Department for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved Site Development Plan or construction pians for any s'~^ without County approval. : ~. 292000 84 (8) (9) Tower lighting: In addition to requirements for tower lights specified in Section 2.6.35 of the LDC, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. Notwithstanding any other provision in this Land Development Code, and notwithstanding the underlying zoning of the respective tower site, subiect to the following, the communications towers and accessory items ("Facilities"), listed above, and all such future Facilities, are lawful uses if located within the confines of the 1-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. (a) The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. (b) As all such Facilities must be located within the Interstate Highway No. 75 right of way, the Facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida by and through the Florida Department of Transportation. (c) The Facilities must be owned by, or leased to, a government. The primary uses of the Facilities must always be governmental uses. Private uses, if any, of the Facilities must always be incidental and subordinate to the governmental uses. (d) Notwithstanding any other provision in Section 2.6.35, the Facilities shall be subject to the tower sharing requirements of Section 2.6.35 if the tower is to exceed a height of one hundred and twenty feet (120) feet, or unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governments. If the tower is to be occupied by an antenna under control of a non-government occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to prerequisite to occupancy on the tower. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGES: Community Development and Environmental Services Ronald F. Nino, AICP, Current Planning Manager Planning Services LDC 2.252 & LDC 3.66 2.7.6. 1) To amend Sec. 2.7.6. to include requirement for a Land Alteration Permit; 2) To amend Division 3.3 Site Development Plan to provide for the submission of an SDP for Land Alteration. REASON: The issuance of permits is the mechanism by which impact fees are levied. The absence of a permit issuance process for a land use activity subject to impact fees gives rise to administrative deficiencies relative to ensuring the payment of impact fees. Additionally, many types of land alterations give rise to issues of public health and safety that need oversight by county inspection personnel and authorized permits provide the trigger mechanism to ensure that the activities authorized by a land alteration permit are consistent with requirements of the Land Development Code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The ~;'~ r-e~4ew-- planning services director shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County building code or this code are in accord with the requirements of zoning code and the land development code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits; site development plan approvals, agricultural clearing permits, blasting permits, etc. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ~..,:,a:... permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this code and no building or land alteration permit application shall be approved by the ~:*~ a .... planning services director for the erection, moving, addition to, or alteration of any building ov structure or land except in conformity with the provisions of this zoning code and the land development code unless he written order from the board of zoning appeals in the fo,~{xn NOV292000 administrative review of the interpretation or variances as provided by this code or unless he shall receive a written order from a court or tribunal or [of] competent jurisdiction. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by plot and ........ ,;~..~.r all required plans and drawings drawn to scale, showing the actual shape ad dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this land development code. In the case of application of [for] a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the a .... , .......... ; .... planning services director determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the sate ...... v .............. planning services director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction.. o Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the si4e development review planning services director authorized only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use arrangement, or construction different from that authorized shall be deemed a violation of this land development code. Statements made by the applicant on the building or land alteration permit application shall be deemed an official statement. Approval of the application by the o;,~ a .... ~ ..... ~ review planning services director shall, in no way, exempt the applicant from strict observance of applicable provisions of this land development code and all other applicable regulations, ordinances, codes, and laws. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. [--'--"~.~"~'Tl~,l ~ I NOV292000 o Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (division 3.15 of this code) and Rule 9J-5.0055, F.A.C. Improvement of property prohibited prior to issuance of building or land alteration permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building or land alteration permit where the development proposed requires a building or land alteration permit under this land development code or other applicable county regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services administrator for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of Section 3.2.8.3.6 of this code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. Zoning and land use approval required prior to or simultaneously with issuance of building or land atleration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the land development code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purpose of determining compliance with the zoning provisions of the land development code, an approval of a site development plan pursuant to division 3.3 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the land development code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the land development code. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to division 3.3 and of a zoning certificate issued for the building and the land, shall be required. Go commercial or other non-residentially allowed uses of buildings. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a and ~o,,oA ITF.~ 88 NOV 2 9 2000 do A zoning certificate shall not be required for a land alteration activity when that activity is accessory to other uses of land. Amend Division 3.3.3. Site Development Plans Sec. 3.3.3. Applicability All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at Section 2.6.27 (cjuster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where provisions of the Land Development Code requires a Site Alteration Permit, then the provision of this section become applicable. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by Section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by Section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. 89 A~F_NDA I T[.~l NOV 2 9 2001I ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian, Ph.D., AICP DEPARTMENT: Planning Services LDC PAGE: LDC2:265 LDC SECTION: 2.8.2. Applicability. CHANGE: Requiring all non-residential structures along arterial and collector roads within the Urban Area to comply with the architectural standards of the Collier County Land Development Code. REASON: Section 2.8.2. of the Land development Code requires all buildings within any Commercial zoning districts and all building in the Industrial zoning district when fronting on an arterial or collector road to comply with the Architectural Standards of the LDC. However, there are instances that on residential buildings are built on residential or agricultural zoned properties, such as churches, schools or even veterinary clinics, sporting camps and fraternal and social clubs without any architectural standards. This amendment is intended to close this loophole in the Code. FISCAL & OPERATIONAL IMPACTS: This amendment will increase the cost of construction for non-residential building in the residential and agricultural property when located along arterial or collector roads in the Urban Residential areas of the County. RELATED CODES OR REGULATIONS: None. Amend Section 2.8.2. as follows: Sec. 2.8.2. Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial and non- residential components of PUD districts, DRIs, business park districts, and industrial zoned areas and all other zoning districts for non-residential developments and buildings fronting on arterial or collector roads as described by the transportation circulation element of the growth management plan, when located in the urban residential areas as indicated on the future land use map of the growth management plan, as provided below: 90 NO¥ 2 9 ZOO0 ORIGIN: Community Development and Environmental Services AUTHOR: Ronald F. Nino, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC 2.265 LDC SECTION: 2.8.2.5. Non-commercial development CHANGE: Amend 2.8.2.5. to allow Alternative Architectural Design Standards for non- commercial development. REASON: With this amendment cycle a companion amendment extends the application of architectural requirements to structures which heretofore were not subject to the provisions of Section 2.8. Architectural Design Standards such as but not limited to churches. The standards in Section 2.8 were primarily developed to affect commercial buildings and does not take into account the uniqueness of architectural design as it may apply to churches. For example it was thought necessary to provide for alternative approaches to insure that the architectural statement made by non-commercial development were made subject to review. FISCAL & OPERATIONAL IMPACTS: This amendment may increase the cost of construction for non-residential buildings in residential and operationally zoned areas heretofore exempt from the provisions of Section 2.8.will have no fiscal or operational impacts. RELATED CODES OR REGULATIONS: None Amend the LDC Code as Follows: 2.8.2.5. Non-commercial development: Non-commercial use applications are entitled to demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards of this section. Designs which are responsive to their context and proposed use and demonstrate a well considered design theme may request an administrative review of their alternative approach and design. In addition to the base submittal requirements, applicants shall clearly label. the plan submitted as an "Alternative Architectural Design Standards Plan" and shall reference the requested deviations on the plan and shall submit a descriptive narrative which specifically identifies the LDC development standards required by this section which is/are being proposed to be addressed through their alternative approach. Supplemental submittal and narrative descriptions must be provided which supports the applicant's position. The Planning Services Director will administratively review submittal documents for consistency with the intent of this section and if the plan is approved through this provision, shall specifically note the approved deviations and the bases of their approval within the Site Development Plan approval letter. Deviations approved shall be applicable only to the specific design and plan reviewed. Modifications of an approved design shall void the administrative approval of the deviation and require resubmittal of the deviation request to Planning services staff for re-evaluation of the request in the context of the amended design an _jL.glan. ~ .... ~ liCiE. h~A IT~..~. 2 9 2000 ORIGIN: AUTHOR(S): DEPARTMENT: LDC PAGE: Engineering Review Services Staff Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer Planning Services LDC 3:26 CHANGE: To clarify during the Preliminary Plat process whether a road is proposed to be Public or Private. REASON: If a PUD has not addressed whether the roads in a proposed development are to be Public or Private, the PSP is the appropriate stage in the permitting process for this determination. FISCAL AND OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend the Land Development Code as follows: Sec. 3.2.7 Preliminary Subdivision plat. 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically iljustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during a PUD process, it shall be determined whether the streets are to be public or private. 92 2000 ORIGIN: Planning Services Staff AUTHOR: Stan Chrzanowski, P.E., Sr. Engineer DEPARTMENT: Planning Services Department LDC PAGE: LDC3:38.1 LDC SECTION: 3.2.8.3.20 CHANGE: Set firm standards for illumination levels in subdivisions and other sites REASON: The present standards are too vague. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.2.8.3.20 Street lighting. Streetlights shall be designed and installed utilizing the guidelines of the IES standards for each street intersection, at required intervals along each street not to exceed 400 feet and at the end of each cul-deosac, and may be required at intervals along each street. Such lights may be required on interior streets, alleys, boundary streets, access paths, and the like. The standards for this street lighting are: (per IESNA RP-8-00) 1. A minimum of 1.4 foot-candles at the center of each internal project intersection is required. A minimum of 1.4 foot-candles along internal roadways is recommended but not required. At the entry/exit of any subdivision on to a county collector or arterial street the following two standards shall apply. a) At the points where the edges of pavement of the entrance road meet the Right-of-way line, the illumination level shall be 2.0 foot candles minimum. b) At the centerline of the entrance road at the Right-of-way line, the illumination level shall be 3.5 foot-candles minimum. All light levels shall be measured at approximately 4'above the pavement on a moonless night. Whenever, in the opinion of the site development review director, based on an engineer's determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of two ways: 93 ~ 0\'2 9 2000 Where streetlights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the street lighting system subject to the approval of the development services director. Upon completion of the streetlights, they shall be owned, operated and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taking unit in coordination with the county transportation services division in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the board of county commissioners, the transportation services director shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the county's general fund. If no benefit or taxing unit is created for public streets, the provision of section 3.2.8.3.20.1 above shall govern the design, construction and maintenance of streetlights. H:/LDC Cycle 2 - 2000/3.2.8.3.20, ts, 9.8.00 2000 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS' Planning Services and Public Utilities Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer Planning Services Department LDC 3:40 3.2.8.3.24 Change size of conduits under pavement for water services from minimum of three-inch diameter to 4-inch diameter. Public Utilities request based on the ability to be able to install larger diameter service lines. None None 3.2.8.3.24. Utility casings. Subdivisions or developments providing water services shall install no less than 0a-ree-meh four-inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. 95 :NOV 2 9 200( ORIGIN: Planning Services Staff AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer DEPARTMENT: Planning Services Department LDC PAGE: 3:79 & 3:89 LDC SECTION: Section 3.4.5.1.10 & 3.4.13.5.1 CHANGE: REASON: Prohibit blasting on new subdivisions and site development plan construction within 350 feet of structures or county roadways To provide relief to existing homeowners and reduce the possibility of structural damage to homeowners within 350 feet of blast sites and to provide additional safety to traffic on public roadways. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.4.5.1.10. 3.4.13.5.1. .............................. e ...............e ........e r,,~v ......Blasting will not be permitted within 350 feet of existing Structures or structures under construction or within 350 feet of public roadways. 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 adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-8p letter or facsimile transmission 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. The maximum allowable airblast, measured at the nearest building or structure not owned by the permittee, or when measured at a distance of 5,280 feet from the blast shall not exceed 129 decibels when measured by an instrument having a flat frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a flat frequency measure over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibels. The following requirements shall apply to all blasting within the urban boundaries of the county: 96 ! Q 2000 a) Overburden shall not be removed prior to blasting. When overburden exceeds four feet of depth, a minimum of four 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 shag-l~ to confine the gaseous products of detonation. c) The "borehole" surrounding the blast tube shall be backfilled to ensure stability of the ground surface. d) All surface detonators shall be covered or buried. e) All charges shall be at (originally placed) proper depth prior to the detonation of multiple blast. f) Blasting will not be permitted within 350 feet of existing structures or structures under construction or within 350 feet of public roadways. 97 ORGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Planning Services Staff Thomas E. Kuck, P.E., Engineering Review Manager/County Manager Planning Services Department 3:99 3.5.7.3.1 CHANGE: Change maximum permittable depth of private and development excavation from 12 feet to 20 feet. REASON: To be consistent with administrative variances to permit 20 feet of depth and to provide the ability to provide a minimum of 6 feet of water depth during the dry season. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.5.7.3.1. Maximum. Private and development excavations shall not exceed 4-3 20 feet in depth unless computations using the "fetch formula" of maximum depth +5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. 98 NOV 2 9 200O ORIGIN: Planning Services Staff AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer DEPARTMENT: Planning Services Department LDCPAGE: 3:101 & 3' 102 LDC SECTION: 3.5.8.2.1 CHANGE: Change the annual status report requirements for commercial excavations REASON: To provide a more economical, efficient and meaningful method of providing annual excavation status reports. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.5.8.2.1. Status reports. The permittee shall provide the '~ .... ~ .......... :-~ a; ...... community development and environmental services administrator or designee with an excavation activities status report as follows: Private excavations. A final status report within 30 days after the final completion of the excavation. Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final ~r annua! status report shall consist of no less than the following information, and such other information as may be deemed necessary by the ...... v ....................... community development and environmental services administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: ao A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A baseline along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otther~'ise approved by the development services director, cross sections ~1"~%;'j7,,o~ taken every 100 feet on excavations less than fiv~ acre~ and NOV 2 2000 do every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angel cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of the division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the development services director, depending upon local site conditions. (2) On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computer surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) (-4.-)Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated dur'2ng A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this division and any special stipulations placed upon the excavation permit. zoo , NOV 29 2000 annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental sen, ices administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: (1) An annual aerial photograph with a scale of no less than oneqnch equals 200 feet. (2) Depth of excavation soundings taken on a 300 feet grid. The property lines of the commercial excavation site shall be shown on the aerial photograph. (4). At the completion of any lake or phase of the excavation permit, a sealed topographic map by the projects' surveyor/engineer shall be submitted in conformance to the preceding section 3.5.8.2.1, paragraph 2-A-(1). ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist DEPARTMENT: Planning Services LDC PAGE: 3:137 LDC SECTION: 3.9.6.6.6. Requirement for removal of prohibited exotic vegetation CHANGE: Remove "dwelling units" from the language regarding exotic removal prior to C.O. on residential lots. REASON: To require exotic removal prior to C.O. in residential zoning in association with any improvements or accessory structures, not only dwelling units. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new ~ ',:'nits principal or accessory structures and major additions to principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.6.6.6. LDC AMENDMENT/KM 102 ORIGIN: Community Development & Environmental Services AUTHOR: Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services LDC PAGE: 3:146 LDC SECTION: 3.10.9. Permits and fees CHANGE: Remove Nest Relocation from the types of sea turtle permits issued by the County REASON: This permit was created in the code originally to pertain to developers to allow sea turtle nests to be relocated when laid in the path of construction. Today, the State only allows sea turtle permit holders to relocate nests and only on rare occasions. This type of permit is no longer valid for the County to issue. FISCAL & OPERATIONAL IMPACTS: The current charge for a Sea Turtle Nest Relocation Permit is $100. RELATED CODES OR REGULATIONS: None Sec. 3.10.9. Permits and fees. 3.10.9.1. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his designee. The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. 3.10.9.2. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. (Ord. No. 93-37, § 3; Oral. No. 93-89, § 3) 103 ORIGIN: Collier County Environmental Advisory Council AUTHOR: Barbara Burgeson, Senior Environmental Specialist DEPARTMENT: Planning Services; Natural Resources LDC PAGE: 3:147 LDC SECTION: 3.11.2 - 3.11.4 CHANGE: To provide additional language to the protected species section of the LDC, as directed by the CCPC and the BCC during the last LDC amendment cycle. Note: It is Staffs intent to continue to work with the State, and receive input from the public and private consultants, regarding the need to address a Collier County regional gopher tortoise mitigation/relocation parcel. We understand the concerns from the consultants that it is not easy identifying off site relocation areas for tortoises. REASON: The Environmental Advisory Council initiated the original amendment that was approved during the last LDC amendment cycle. Staff was asked to continue to work with the Public to provide further improvements to the protected species section of the Code, and bring it back during this cycle. FISCAL & OPERATIONAL IMPACTS: There will be no additional time or cost anticipated for Planning Services staff to incorporate this LDC change into their review of projects. Staff currently reviews all petitions for habitat preservation. In fact, the requirement for the petitioner to provide better habitat for gopher tortoise will save staff time in that currently staff often spends time negotiating with applicants for higher quality preserve areas. This amendment will also reduce the time staff spends attending Environmental Advisory Council (EAC) meetings justifying either staff's or the applicants proposed preserve area. This amendment will not result in an increased operational or fiscal impact on either planning or code enforcement staff. Impacts on the petitioners and landowners will be more operational in nature than fiscal. They will not be asked to provide additional acres for the gopher tortoise preserves(beyond the current native vegetation preservation requirement). However, any project already engineered but not yet approved may need to reconfigure their site plan to accommodate these changes. For new projects, it will only be necessary to identify the gopher tortoise preserve areas at the beginning of their site planning process and work around them. The EIS provides up front information to allow the developer to identify these areas. The EAC has requested that all projects brought before them clearly identify all the areas of required preservation on their master plans. In some cases, providing for on site preservation of gopher tortoises may remove the need for the petitioners to obtain incidental take permits and thereby would reduce that associated cost to their project. Since the LDC currently requires that the animals be relocated, this amendment will have no additional fiscal impact on property owners in requiring that sufficient habitat for tortoises be retained first on-site, or alternatively both on-site and off-site, and finally, under certain RELATED CODES OR REGULATIONS: LDC Section 3.9.5.5.2 through 3.9.5.5 . NOV 2 Amend Subsection 3.11.2 through 3.11.4 as follows: Sec. 3.11.2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: a) Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; b) United States Fish and Wildlife service (USFWS) as endangered or threatened; and c) Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix II, or Appendix III. Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division[s] 3.2, 3.3 and 3.9 of this code, and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered species, threatened species and species of special concern as prescribed by Goal 7 and associated objectives and policies, as amended, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the Planning Services_Department of the Community Development and Environmental Services Division, for the management of habitat and wildlife, including measures for protection and/or relocation of endangered and threatened species and_species of special concern. The_County shall consider and may utilize recommendations and letters of technical assistance of the FFWCC, and recommendations and guidelines of the USFWS, in issuing development orders on property containing endangered and threatened species and species of special concern. Such plans shall comply with current federal, state and local ordinances and policies. 3.11.3.2. The USFWS South Florida Multi-Species Recover~ Plan (May 1999, and as amended) shall be adopted as minimum guidelines or standards to preserve or improve the environmental conditions required for the protection and recovery of West Indian manatee (Trichechus manatus), Florida panther (Puma concolor .coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle t'Llolia,=~t.e l~,*r.r,,r.~rdaah,c'~ l~'lnrirl~ cpr~h in'. t'Anhelacnma c'aamle~c.~n~5 Pinino plover (Charadrius melodus), Wood stork (Myceteria americana), Rose. ;mlmm_~-..-__~ (Sterna dougalli dougalli), Red-cockaded woodpecker (Picoides boreali ). ~.J,~, rrtu :1.05 NOV 2 9 ZOO0 /,-// American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon corais couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and Loggerhead sea turtle (Caretta caretta). Until the adoption of federal guidelines for any of the above listed species, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.3. Until the adoption of State of Florida guidelines for the protection of all State listed species, as listed in "Florida's Endangered Species, Threatened Species and Species of Special Concern" authored by Florida Fish and Wildlife Conservation Commission, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4 Gopher Tortoise (Gopherus polyphemus) (1) All gopher tortoises, their habitats and the associated comensals are hereby rotecte ..... t e ....... ~ ......................... v ....................... n. It is express prohibited to t~e (harass, h~, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct) any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. (2) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or motes~ take one by any means, unless otherwise provided for in this section. (3) Provision is hereby made to allow personnel authorized by the-l:,hait-~ c, .... F;~. ~.~4 xx~;,a,;r. c~,;~ Florida Fish and Wildlife Conservation Commission and or Collier County to house and relocate tortoises as necessary and provided for in this section. (4) When gopher tortoises are identified on a site, a protection/management plan or off site relocation plan shall be submitted to the Planning Services Department of the Community Development and Environmental Services Division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where gopher tortoise protection/management plans have not been previously approved by Collier County Planning Services Staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field verified by Planning Services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if nec the proposed supplemental plantings if needed; 6) a detail of t~e gottta_e_.r__.~ tortoise fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8)_identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in Section 3.9.5 (5) Suitable habitat shall be defined as having the following characteristics: 1) the presence of well drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site relocation plans may be permitted to meet all or part of the on site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat ...... .......... v .......does not exist on site; or, b.) Where a property owner meets the minimum on site native vegetation__preservations requirements of this code with jurisdictional wetlands and thus does not provide appropriate habitat for gopher tortoises as described above; or, c) Where scientific data has been presented to ........ v .........the Community Development & Environmental Services Administrator or their designee, and an environmental professional opinion is rendered that the requirement to provide the required on site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. The State permit shall be obtained prior to any site improvements or gopher tortoise relocation. Where appropriate, a combination of on site preservation and off site relocation may be considered. (6) When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than 5 tortoises per acre will be considered a suitable density. (7) When identifying the native vegetation preservation requirement of Section 3.9.5. of this code for parcels containing gopher tortoises, priority shall be given to protecting the largest most contiguous gopher tortoise habitat with site adjacent gopher tortoise preserves. All gopher tortoise preserv( be platted with protective covenants as required by section 3.2.9.2.1t3 107 s of thi~ NOV 2 2000 code or if not platted, shall provide such language on the approved site development plan. When a decision is made to allow off site relocation of gopher tortoises, it shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. (8) Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (9) Exemptions. Single family platted lots, 7.5 acres or less in size, shall be exempt from the requirements set forth in subsection 3.11.3.4 (4), when these lots are not a part of a previous development order which is required to comply with 3.11.3.4 (4). However, gopher mmaise. s tortoises shall be protected pursuant to paragraphs 1, and 2 and 3 of this section. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. (Ord. No. 92-73, § 2) 108 ~,m.~_t,~A ITEI~ ORIGIN: Community Development & Environmental Services AUTHOR: Barbara S. Burgeson, Sr. Environmental Specialist DEPARTMENT: Planning Services LDC PAGE: 3:160 LDC SECTION: 3.14.3 Exceptions; permit CHANGE: Language added to Section 3.14.3 to allow for additional exception to the vehicle on the beach regulations to accommodate the commercial aspect of the beachfront hotels and concessions. REASON: To allow beachfront hotels to use vehicles to set up parties on the beach and to allow their concessions to use vehicles to move their equipment on and off the beach. FISCAL & OPERATIONAL IMPACTS: The operational impacts from the additional vehicles using the beach may be seen as an imposition to the public and may also be considered to be less aesthetically pleasing. The operational impacts to additional vehicular use during sea turtle nesting season could be the potential accidental harm or damage done to the nests or hatchlings. RELATED CODES OR REGULATIONS: None. Amend the LDC Code as follows: 3.14.3.4Vehicle-on-the-beach permits issued in conjunction with special or annual beach events: Vehicles which are used in conjunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. 3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; 3.14.3.4.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV' s. 3.14.3.4.4. 3.14.3.4.5. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSL Permits shall only be issued for ATV's when staff has determined that: 1) due to th~a.~ distance and the excessive weight of the equipment to be moved that it would l~e o NOV 2 201][I prohibitive in nature to use push carts or dollies or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.4.6. When not in use all vehicles shall be stored off the beachl 3.14.3.4.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.5. Vehicle-on-the-beach permits issued in coniunction with permanent concession facilities: shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee. Vehicles which are used in conjunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: 3.14.3.5.1. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV's. 3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.5.4. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) that a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach; 3.14.3.5.6. These vehicles may not be used for transportation of people or equipment throughout the day. 3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with permitted uses of commercial hotel property: Vehicles which are used in conjunction with tasks such as routine equipment set-up that cannot reasonably be accomplished without the use of such vehicle due to size, weight, volume and such, shall be exempt from the provisions of this division if a vehicle-on-the-beach permit has been granted by the planning services director or his designee, subiect to the following conditions and limitations: Use of the vehicle shall be limited to one-time set up and one-time removal of equipment each day. 3.14.3.6.1. 110 3.14.3.6.2. Said permit shall be prominently dis. played on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.3. The types of vehicles permitted for this use may include ATV' s, non-motorized handcarts or dollies. 3.14.3.6.4. Permits may be issued for ATV's only when staff has approved a limited, designated work area at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.6.5. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 pSI. 3.14.3.6.6. When not in use all vehicles shall be stored off the beach;. 3.14.3.6.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 111 NOV 2 2000 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: Planning Services & Public Utilities Thomas E. Kuck, P.E., Engineering Review Manager/County Engineer Planning Services Department LDCB: 4- LDCB:8 Typical Street Sections & Right-of-Way Design Standards - APPENDIX B Change 5 Typical Roadways Sections to show required location of water line and force main within right-of-way. Requested by Public Utilities to have water line and force mains located 7.5 feet behind gutters for ease of water connections and future maintenance. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Attached 5 revised Typical Street Sections. 112 Remove this Drawing from LDCB-4 COLLIER COUNTY LAND DEVELOPMENT CODE Z Z < ~.~ 8upp. No. 8 LDCB:4 NOV Z 9 2000 Replace LDCB-4 with this drawing. z 114 NOV 2 9 2000 "' Remove this Drawing from LDCB-5 APPENDIX B--TYPICAL STREET SECTIONS 2: L. DCB.'5 Replace LDCB-5 with this drawing. 116 NOV 2 9 ZOO0 Remove this Drawing from LDCB-6 COLLIER COUNTY LAND DEVELOPMENT CODE _ 11 " 8upp. LDCB:6 117 Replace LDCB-6 with this drawing. I ;- 0 [ // ,,, / ~ ~ / I / I Z ~ Remove this Drawing from LDCB-7 APPENDIX B--TYPICAL STREET SECTIONS LDCB:7 119 Replace LDCB-7 with this drawing. ~ Oi c ,i , =E=~g~ z~o NO~ ~._ 2000 Remove this Drawing from LDCB-8 COLLLER COUNTY LAND DEVELOPMENT CODE 95~58, § 3, 11-1-95) LDCB:8 121 1 ACtA IT[ NOV 2 9 2000 Replace LDCB-8 with this drawing. rrfj~ 122 ORDINANCE NO. 2000- AN ORDINANCE AMENDING ORDINANCE NUMBER 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, INCLUDING THE ADOPTION OF THE GOODLAND ZONING OVERLAY DISTRICT OR IN THE ALTERNATIVE A DECLARATION OF PARTIAL MORATORIUM ON MULTI-FAMILY LAND USES FOR THE GOODLAND AREA AND THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS INCLUDING BUT NOT LIMITED TO SECT1ON 2.6.4, EXCEPTIONS TO REQUIRED YARDS; SECTION 2.6.11, FENCES; SECTION 2.6.15, SOLID WASTE DISPOSAL; SECTION 2.6.21, DOCK FACILITIES; SECTION 2.6.33, MOTION PICTURE/TELEVISION PRODUCTION PERMIT; ADDING SECTION 2.6.34, ANNUAL BEACH EVENT PERMITS; AND SECTION 2.6.35, COMMUNICATION TOWERS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES; DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4. EXPLOSIVES; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.10. SEA TURTLE PROTECTION; DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS; ARTICLE SIX, DEFINITIONS, DIVISION 6.3, DEFINITIONS INCLUDING BUT NOT LIMITED TO THE DEFINITION OF "RESIDENTIAL HOTEL"; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY DESIGN STANDARDS; SECTION FOUR; ADOPTION OF AMENDED ZONING ATLAS MAPS; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, year 2000; and Words :m:zk t.~.r,~ugk are deleted, words underlined are added. 1 0mme~ 2 9 21]OQ WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on November 29, 2000 and December 13, 2000, and did take action concerning these amendments to the LDC; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seo., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Star., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et se_cq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approw local government shall be consistent with the Comprehensive Plan if the land uses, d~ 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. ./ A~_.-~D',~ A ITEM a or unoertai~en r)y a, Words :.%r'.:'.:k :?.r.axgh are deleted, words underlined are added. 2 NOV 2 9 200[ capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other c '~ enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may' be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational f~cilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County. to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO GENERAL DIVISION Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.1. GENERAL Sec. 2.1.5. Amendment to Official Zoning Atlas 1. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community Park), Township 50 S, Range 26 E, Section 330, Map No. 3633 N, A to P. 2. U.S. 41 E, E Tamiami Trail (Eagle Lakes Community' Park), Township 50 S, Range 26 E, Section 33, Map No. 3633S, A to P. 3. Golden Gate Blvd. (Max Hasse Community Park), 94, 95, 96, 98 and 111, Golden Gate Estates Unit 4, Map No. G G E 22, E to P. 4. Vanderbilt Drive (Cocohatchee Community Park), Township 48 S, Range 25 E, Section 17, Map No. 8517S, CF to P. 5. Carson Road (Tony Rosebaugh Park), Township 46S, Range 29 E, Section 31, Map No. 6931, AtoP. 6. Washington Street (Immokalee Sports Complex), Township 46 S, Range 29 E, Section 33, Map No. 6933S, RMP-6 to P. 7. Third Avenue (Immokalee Community Park), Township 47 S, Range 29 E, Section 4, Map No. 7904N, RSF-3 to P. State Road 29 (Oil Well Park), Township 48 S, Range 29 E, Section 20~.~t~&G~3?T,; Wo~ds ;~ck ~o~ ~c deleted, wo~ds ~dcd~ed are added. ~ 9. Bluebill Avenue (Connor Park), Township 48 S Range 25 E, Section 29, Map No. 8529N, RMF-6 to P. 10. 11. 9th Street South (Immokalee) (Dream Land Park), Township 47 S, Range 29 E, Section 4, Map No. 7904S, ILMF-6 to P. 18th Court SW (G G Unit 5) (Rita Easton Park), Township 49 S, Range 26 E, Section 21, Map No. 9621N, RSF-3 to P. 12. 23rd Avenue SW (Aaron Lutz Park), Township 49 S, Range 26 E, Section 22, Map No. 9622S, RSF-3 to P. 13. Sholtz Street (East Naples Tot Park), Township 50 S, Range 26 E, Section 29, Map No. 0629N, RSF-4 to P. 14. Lotus Drive (Coconut Circle Neighborhood Park), Township 50 S, Range 25 East, Section 1, Map No. 05015, RSF-4 to P. 15. Poinciana Drive (Poinciana Village Neighborhood Park), Township 49 S, Range 25 E, Section 23, Map No. 95235, RSF-4 to P. 16. Undivided Block 118, Golden Gate Unit 4, according to the plat thereof, recored in the Official Records of Collier County, Florida, in Plat Book 5, Pages 107, (Golden Gate Community Park.), Township 49 S, Range 26 E, Section 21, Map No. 9621 S, RSF-3 to P. Words s~'ck ~U. rcugh are deleted, words underlined are added. 4 AGEh~A ITEM ,NOV 2 9 2000 x z L~ N WoTds s~ are deleted, words under'f~ned are added, 5 Wordstare deleted, wordsunderYmed are added. 6 Words ctr',ac!: '.u~-vugh are deleted, words underlined are added. 7 NOV 2 9 2000 Words ~ ~ are deleted, Words s~;z!: ')zc,',:gL are deleted, words underlined are added, 9 AGF._NDA IT, NOV 2 g 2000 Words .~m:zk tkrc. ugk are deleted, words underlined are added. lO NOv 2 9 2001 i i Words :~.:'c!: :~.re'agk are deleted, words underlined are added. 11 A~A ,- NOV 2 9 2000 Words gin:':.. S:rm:g.. are deleted, words underlined are added. 12 2000 JJJJJ Words s,.~.:ck tSc~ug~ are deleted, words underlined are added. 13 NOV 2 9 2000 Words :.':'.,:zl: °,.9:r,',:gk are deleted, words underlined are added. 14 A~A ITF._M NOV ~ g 2000 i Words s..*r'-'-ck t.~..-s::gk are deleted, words underlined are added. 15 NOV 2 9 2000 ~. /::~ '9NINOZ :NOISIA3;W ~13N.LO' Words cm:':!: tF.r:'.:'gh are deleted, words underlined are added. 16 NOV 2 9 2000 i.~lj ~ !1111[11111llllll A C.,D'~DA ITE~ 17 ~ ..... . .... .......... ." Words :~.:':!: 'P.::.-.:'g~ are deleted, words traderlined are added. 18 Words ~ are deleted, words underlined are added. 19 & GE_m~J,A IT~ ONINOZ :NOISIAt~ lSV- SUBSECTION 3.B. AMENDMENTS TO ZONING DISTRICTS, PERMITTED USES CONDITIONAL USES, DIMENSIONAL STANDARD DIVISION Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, COND DIMENSIONAL STANDARDS Words :~.:'ck Lhreugk are deleted, words underlined are added, 2O NOV Sec. 2.2.2. 2.2.2.3. Rural agricultural district (A). 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. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary., botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous). 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, public and private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; 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 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, products and tools accessor3, to or required for the plantiriz or maintenance of said plants. [ ~o ~.._~--~ .... Nov292000 Words :~ack ~hrc. ugk are deleted, words underlined are added. b. Additionally, the sale of fresh produce is permissible at retail plant nursuries as an incidental use of the property as a retail plant nursery. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. The height of raw material storage facilities shall not exceed a height of 50 feet. Hours of operation shall be limited to two hours before sunrise to sunset. g4 The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida state park system as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, applicable federal, state and local permits. Tour operations, suc limited to airboats, swamp buggies, horses and similar modes transportation, shall be subiect to the following criteria: Words :~-:z!: t.t'.rm:'g5 are deleted, words underlined are added. 22 :bject to all (4) (6) Permits or letters of exemption from the US Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the Planning Services Director prior to Site Development Plan approval. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. The petitioner shall utilize only trails identified and approved on a Site Development Plan. Existing trails are preferred. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. The maximum size of the vehicles, the number of vehicles, and the passenger capacity of the vehicles shall be determined by the Board of Zoning Appeals during the Conditional Use process. Motor vehicles shall be permitted to operate during daylight hours, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The Board of Zoning Appeals has the power to review a Conditional Use for tour operations, annually. If, during the review at an advertised public hearing, it is determined by the Board of Zoning Appeals that the tour operation is detrimental to the environment, and no adequate corrective action was taken by the petitioner, the Board of Zoning Appeals may void the Conditional Use. Z2.8,4.5. Maximum den~i~,£.~ermi.t(~,,~..A.~Uin of 26 units per acre for hotels and motels,.f0r, prol~cts~cOnfainmg,~o (2) acres~ortess: ~A~maxn'num of16 umts per acre for mulfi~l~.~!~;!ie~do~ated wi~anactivity Center or if the RT zoning:was in exilenee i~t~;ithe time 0f adoption of this Code. When located outside an aeti¢/~'/eenter~;&e~t,'as provided above, the density shah be determined through app!i~q~ 0fthidemityrafing system established in the Collier County growth,/h~0~g~nt plan;but :shall ~ot exceed 16 units per acre In all, other e~es tho provisions of See. 2,2J8.4.8. shall apply. Sec. 2.2.10 Mobile Home District Section 2.2.10.1 Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses. The MH district corresponds to and implements the urban mixed-use land use designation on the future land-use map of the Collier County growth management plan. The maximum density permissible in the mobile home district and the urban mixed-use land use designation shall be guided, in part, by the density rating system contained in the ......g~__~._~e~ element of the Collier County growth management plan. ,~,io~.~?: .... NOV 2 9 200rj Words s~zk '&.zzugh are deleted, words underlined are added. 2.2.10.2. 2.2.10.2.1 Sec. 2.2.28. 2.2.28.3. 2.2.28.3.1. 2.2.28.3.2. The maximum density permissible or permitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the Immokalee Future Land Use Map of the Growth Management Plan. Permitted uses. The following uses are permitted as of the right or as uses accessory to permitted uses, in the mobile home district (MH). Permitted uses. 1. Mobile homes. 2_. Modular built homes. 32-. Family care facilities, subject to Section 2.6.26. _4-3.Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designation specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. Immokalee Overlay District State Road 29 Commercial Overlay Subdistrict.' special conditions for the properties abutting SR-29, as identified o~ in the Immokalee Area Master Plan; referenced on Map 2; and further identified by the designation "SR29COSD" on the applicable official Collier County Zoning Atlas Maps. Map 2 SR. 20 COMMERCIAL OVERLAY SUB~)IS'rRICT (SR2OCOSD) . I ........ Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial depth along SR-29 with development standards that will ensure coordinated access and appropriate landscaping and buffering compatible with nearby residential properties. Applicabih'ty. These regulations apply to the commercial district alon! SR-2~:~'~'~" identified on the Immokalee Future Land Use Map. 2 2000 Words :~,::!: tF~-et:g~ are deleted, words underlined are added. 24 2.2.28.3.3. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. 2.2.28.3.3.1. Access points to SR-29 shall comply with Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 440- feet of street frontage shall provide access off existing adjacent roadways, when possible, and should not access to SR-29. 2.2.28.3.3.2. Owners of lots or combinations of lots having less than the required street frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. 2.2.28.3.4. Shared parking arrangements between adjoining developments shall be encouraged. 2.2.28.3.5. Deceleration and acceleration lanes shall be provided. 2.2.28.3.6. Pedestrian traffic shall be encouraged by providing sidewalks. The location of these sidewalks shall be coordinated with adjacent projects. 2.2.28.3.7. Buildings shall be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. 2.2.28.3.8. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide a ten-foot Type A landscape buffer as described in section 2.4 between vehicular rights-of-way with required sidewalks and adjacent residential development. Adjacent commercial projects shall provide coordinated landscape plans. 2.2.28.3.9. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide A-an area equal to a minimum of two and one-half percent of the total interior vehicular use area shall be landscaped to provide visual relief. 2.2.28.3.10. Projects with a total building square feet exceeding 5,000 square feet shall provide landscape buffering in accordance with Section 2.4.5 of this Code. 2.2.28.3.4-0.11 Buildings shall have a maximum height of 50 feet. 2.2.28.4. Jefferson Avenue Commercial Overlay Subdistrict.' special conditions for the properties abutting Jefferson Avenue as identified o~ in the Immokalee Area Master Plan; referenced on Map 3; and further identified by the designation "JACOSD" on the applicable official Collier County Zoning Atlas Maps. Map 3 Words z~ack tF.r~'ag~ are deleted, words underlined are added. 25 2.2.28.4.1. 2.2.28.4.2. 2.2.28.4.3. 2.2.28.4.3.1. 2.2.28.4.3.2. 2.2.28.4.4. 2.2.28.4.4.1~ 2.2.28.4.5. Purpose and intent. The purpose of this designation is to provide for retail, office, transient lodging facilities and highway commercial uses that serve the needs of the traveling public. These commercial uses must be located on a major arterial or collector roadway. The provisions of this sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that will ensure coordinated access and appropriate landscaping and buffering to be compatible with nearby residential properties. Applicability. These regulations apply to the commercial district along Jefferson Avenue as identified on the Immokalee Future Land Use Map. Development criteria. The following standards shall apply to all uses in this overlay subdistrict. Access points for future commercial development shall be limited to a maximum of one per 150 feet of street frontage. Properties with less than the required street frontage, shall be encouraged to utilize shared access points with adjoining commercial development. Owners of lots or combination of lots having less than the 150-foot of required frontage may petition the board of zoning appeals for a variance from the standard in this sub-district as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Projects with a total building square feet of less than or equal to 5,000 square feet shall provide ,a, a ten-foot Type A landscape buffer as identified in section 2.4.5 of this Code :Sal! be ~rcvided on Jefferson Avenue for all cc.m._mercia! prcject:. Proiects with a total building square provide landscape buffering in accordance with Section 2.4.5 of this Cr Provisions for shared parking arrangements with adjoining developme: encouraged. feet exceeding 5,000 square feet shall AG, EN~A IT~l :s sha~b e~_ .... Words :m:'c~.: X~..-cxg~ are deleted, words underlined are added. 26 2.2.28.4.6. Commercial buildings shall be set back from Jefferson Avenue a minimum of 25 feet. 2.2.28.4.7. 2.2.28.8 2.2.28.8.1 2.2.28.8.2 2.2.28.8.3 2.2.28.8.4 Commercial building shall have a maximum height of 50 feet excluding ten feet for under-building parking. Main Street Overlay Subdistrict: Main Street Overlay Subdistrict: special conditions for the properties identified in the Immokalee Area Master Plan; referenced on Map 7; and further identified by the designation "MSOSD" on the applicable official Collier County Zoning Atlas Maps. Map 7 MAIN STREET OV~Rt. AY SUBDISTRICT , ' Purpose and intent. The purpose of this designation is to encourage development and redevelopment by enhancing and beautifying the downtown Main Street area through flexible design and development standards. Applicability. These regulations apply to the Main Street Overlay Subdistrict as identified on Map 7 and further identified by the designation "MSOSD" on the applicable official Collier County zoning atlas maps. Permitted Uses. For all properties within the Main Street Overlay Subdistrict, except for properties hatched as indicated on Map 7, the Main Street Overlay Subdistrict, all permitted uses within the uses within the underlying zoning districts contained within this subdistrict, and the following use may be permitted as a right in this subdistrict: 1. Hotel and Motels (group 7011). Permitted uses. For hatched properties within the Main Street Overlay Subdistrict, all permitted uses within the underlying zoning districts contained within this subdistrict, and the following uses are permitted as a right in this subdistrict: 1. All uses allowed in the Commercial Professional District (C-I), of this code, except for group (7521). Words ......~ '~' .....~' are deleted. words underlined are added 27 NOV 2 9 2000 2.2.28.8.5 Prohibited Uses. All uses prohibited within the underlying residential and commercial zoning districts contained within this subdistrict, and the following uses~ shall be prohibited in the Main Street Overlay Subdistrict: 1. Automobile Parking (group 7521) on all properties having frontage on Main Street, North First Street. South First Street and North 9th Street within the Main Street Overlay SubdistricL 2. Automotive dealers (groups 5511, 5521, 5531 installation, 5551,5561,5571,5571,5599) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 3. Gasoline Se~'ice Stations (group 5541) on all properties having frontage on Main Street and gasoline service stations (group 5541 with services and repairs as described in section 2.6.28) are prohibited on all properties having frontage on North First Street and South First Street within the Main Street Overlay Subdistrict. 4. Primary uses such as convenience stores and grocery stores are prohibited from servicing and repairing vehicles in conjunction with the sale of gasoline, on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542) on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 6. Radio and Television Repair Shops (group 7622 automotive) is ar._~e prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 7. Outdoor Storage yards and outdoor storage are prohibited within any front. side or rear yard on all properties within the Main Street Overlay Subdistrict. 8. Drive-through areas shall be prohibited on all properties having frontage on Main Street, North First Street and South First Street within the Main Street Overlay Subdistrict. 9. Warehousing (group 4225) 10. Communication Towers, as defined in section 2.6.35 of this code 40.11...~. Any other heavy commercial use which is comparable in nature with the forgoing uses and is deemed inconsistent with the intent of this subdistrict shall be prohibited. 2.2.28.8.6 Accessor3' uses. Uses and structures that are accessory and incidental to the permitted uses as of right in the underlying zoning districts contained within this subdistrict and are not otherwise prohibited by this subdistrict. 2.2.28.8.7 Conditional uses. Uses permitted in the underlying zoning districts contained within this subdistrict, subject to the standards and procedures established in section 2.7.4 and as set forth below: A. Local and Suburban passenger transportation (groups 4131 4173) located upon commercially zoned properties within the Main Street Overlay Subdistrict. 2.2.28.8.8 Outdoor Display and Sale of Merchandise. Outdoor display and sale of merchandise, within the front and side yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietor's occupational license. Words struck t.,rou$.. are deleted, words underlined are added. 28 .NOV 2 9 2000 The outdoor display/sale of merchandise is permitted on improved commercially zoned properties and is subject to the submission of a site development plan that demonstrates that provisions will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parking areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. Outdoor display and sale of merchandise within the sidewalk area only shall be permitted in conjunction with "Main Street" approved vendor carts, provided the applicant submits a site development plan which demonstrates that provisions will be made to adequately address the following: 1. Location of sale/display of merchandise in relation to road rights- of-way; 2. Vendor Carts are located on sidewalks that afford the applicant a five foot clearance for non-obstructed pedestrian traffic; and 3. Limited hours of operation from dawn until dusk 2.2.28.8.9 Dimensional Standard,~. Subject to the provisions of this code, for each respective zoning district, except as noted below: 2.2.28.8.9.1 Yard requirements. Maximum yard requirements. 1. Front Yard: 7 or 10 feet. 2. Side Yard: 0 - l0 feet. Minimum yard requirements. 3. Rear Yard: 0 or 5 feet. 4. Abutting Residential. 20 feet. 2.2.28.8.9.2 Maximum height of structures. 1. All structures shah be no more than 35 feet in height, except hotel/motel uses shall be no more than 50 feet in height. 2.2.28.8.10 Minimum off-street parking and off-street loading. As permitted by Section 2.2.28.7. standards for parking within the Immokalee Central Business District, and as set forth below: 1. Outdoor caf6 areas, shall be exempt from parking calculations. 2. All properties within the Main Street Overlay Subdistrict, having frontage on Main Street, First Street or Ninth Street are required, by this subdistrict to Locate all parking in the rear and/or side yards. 2.2.28.8.11 Signs. As required in division 2.5. and as set forth below: 1. Projecting signs are allowed in addition to permitted signs provided such signs do not exceed 6 square feet in size and are elevated to a minimum of 8 feet above pedestrian way. 2. Sandwich Boards are permitted, one per eating establishment, not to exceed 6 square feet in size and shall only be displayed during business hours. 2.2.28.8.12 Commercial design guidelines. Subject to provisions of division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects, except as set forth below: 1. Properties having frontage on Main Street or First Street or Ninth Street are required to locate its primary business entrance on that street. Parcels fronting both Main Street and First Street or both Main Street and Ninth Street are required to locate their primary business entrance on Main Street. 2. Reflective or darkly tinted glass is prohibited on ground floor windows. Words ......t, t..:cxg.. are deleted, words underlined are added. 29 A~A tT~LM 2000 2.2.28.8.13 3. Properties with less than 50 feet of road frontage shall only require a minimum of one roof change. 4. Commercial projects 5,000 square feet in size or less shall only require a minimum of two design features, as described within section 2.8.4.4.6 of this code. 5. To encourage redevelopment within the Main Street Overlay Subdistrict, for proposed redevelopment of existing projects that do not increase impervious surface area and whose total building area is less than or equal to 5,000 square feet in size, the applicant shall be exempt from Section 2.4.3.1. of the Landscaping and Buffering provision, requiring the seal of a landscape architect and shall also be exempt from Division 2.8. Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, requiring the seal of an architect. 6. The minimum commercial design criteria, as set forth above, are shall ~o~ b.~.e applicable to projects with a total building square feet of less than or equal to greater t~an 5,000 square feet in size. Landscaping and buffering. Subject to provisions of division 2.4, of this code, except as set forth below: 1. To encourage redevelopment, the following landscape criteria shall apply to all commercially zoned properties and those residential properties with permitted commercial uses, except where otherwise prohibited by this subdistrict.*: The following landscape buffering criteria shall be applicable projects with a total building square feet of less than of equal to 5,000 square feet: a. properties adjacent to residentially zoned lots/parcels shall provide a minimum 10 foot wide landscape buffer, 6 ~ foo__3t m ~-~:~. high hedge or wall (4 feet at planting; 6 feet within one year) with trees spaced no more than 25 feet on center; b. Properties adjacent to commercially zoned lots/parcels shall provide a minimum 5 foot wide landscape a minimum perimeter buffer of 5 feet in ':.'idtk, with a single row hedge ':.'it~ and trees spaced no more than 30 feet on center, ~ g~all be req~:ir:~ for all ...... :~o. The hedge shall be a minimum of 3 gallon plants 2 feet in height spaced a minimum 3 feet on center at planting. c. a minimum 5 foot buffer, with at least two trees o~ eac~ p_~ lot/parcel or one tree per 40 linear feet whichever is greater, shall be required adjacent to all rights-of-ways; d. lots/parcels that are unable to meet the above minimum landscape criteria, shall be required to provide landscape planters and~or flower boxes for each such property, as recommended by the County Landscape Architect or County Planning Director; and Section 2.2.33. Ba~shore Drive Mixed Use Overlal: District 2.2.33 Bayshore Drive Mixed Use Overlay District: special conditions for the properties adiacent to Bayshore Drive as referenced on Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. 2.2.33.1 Purpose and intent. The purpose and intent of this district is to encourage revitalization along the Bayshore Drive corridor by providing opportunities for small-scale mixed use development. This district is intended to: revitalize the commercial and residential development along this corridor; enhance the Words otru .........~.. are deleted, words underlined are added. 3O NOV 2 9 2000 waterfront; encourage on-street parking and shared parking facilities and provide appropriate landscaping and buffering between the various types of uses; and protect and enhance the nearby single-family residential units. The types of uses permitted are low intensity retail, office, personal service and residential uses. 2.2.33.2 Applicability. These regulations shall apply to the Bayshore Drive Mixed Use Overlay District as identified on Map 1 and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required in the applicable underlying zoning category. BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT :,0 Map BMUD #1 Words ............ e.. are deleted. words underlined are added. 31 2.2.33.3 2.2.33.4 Iljustrations used in this section are solely intended to provide a graphic example of a specific standard or standards set forth herein and not as requirements the for style of specifics proiects. Variations from these iljustrations, which nonetheless adhere to the provisions of this section, are permitted. Subdistricts. There are three subdistricts identified within the Bayshore Mixed 2.2.33.5 2.2.33.6 Use District: Neighborhood Commercial; Waterfront; and Residential. The boundaries of these subdistricts are identified on Map I and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. Uses and standards for each subdistrict are specified. In the event that parcels are assembled that include parcels fronting Bayshore Drive and extending to the end of the overlay boundary, a mixed-use development is permissible and may include all of the uses specified in the corresponding neighborhood commercial and residential subdistricts, provided the most restrictive landscaping and buffering requirements will apply to development abutting any residential district. Neighborhood Commercial Subdistrict. The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses. Developments will be small-scale and pedestrian-oriented. Permitted uses. For all of the properties located within the Neighborhood Commerci_a~l Subdistrict, as indicated on Map 1, the Bayshore Drive Mixed Use Overlay District, the following uses are permitted as of right in this subdistrict: aa. Accounting, auditing and bookkeeping services (8721). Amusement and recreation services (groups 7911, 7991, Apparel and accessory stores (groups 5611-5699/. Barber shops (7241 ). Beauty shops (7231 ). Business services (groups 7311, 7313, 7322-7338, 7384). Eating places (5812 except concession stands, contract feeding, dinner theaters, drive-in restaurants, fast food restaurants, food service (institutional), industrial feeding). Food stores (groups 5411 except convenience stores, and supermarkets, 5421-5499). General merchandise stores (5331-5399). Offices for engineering, architectural, and surveying sen'ices (groups 8711-8713). Health services (8011-8049, 8082). Home furniture, furnishing and equipment stores (groups 5714-5719, 5731-5736). Hotels and Motels (7011 except hostels). Insurance carriers, agents and brokers (groups 6311-6361, 6411). Legal services (8111). Management and public relations services (groups 8741-8743, 8748). Membership organizations (8611-8699). Miscellaneous repair services, (7629, 7629 except aircraft, business and office machines, large appliances, and white j~oods such as refrigerators and washing machines and 7631). Miscellaneous retail services (5912, 5932 -5949, 5992-5999). Museums and art galleries (8412). Personal services (groups 7212, 7291) Photographic studios (7221 ). Public administration (groups 9111-9199, 9229, 9311,9411-9451,9511- 9532, 9611-9661). Real estate (groups 6531-6541 ). Security and commodity brokers, dealer, exchanges and services (groups 6211-6289 ;. Shoe repair shops and shoeshine parlors (7251). United States Postal Service (4311 except ma'lor distribution center). Words stmc.~ t..r~x:g.. are deleted, words underlined are added. 32 bb. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). cc. Videotape rental (7841) rid. Residential with the following limitations: multi-family uses are permitted above commercial uses on lots fronling Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive 2.2.33.7 Prohibited uses All uses prohibited within the underlying residential and commercial zoning. districts contained within this District, and the following additional uses, shall be prohibited in the Bayshore Drive Mixed Use Overlay District: Gasoline service stations (5541). Outdoor storage or merchandising unless specifically noted Drive-through establishments such as restaurants, banks, pharmacies, dry cleaning, and other drive-through establishments. Single-use "big box" establishments (over 15,000 sq. ft.) Automotive dealers.(5511,5521) Automotive repairs (7532-7539,7549) Boat Dealers (5551) Carwashes.(7542) Agricultural services (0711-0783) Kennels and veterinary services.(0752,0279,7948} Building material sales (5211} Warehousing(4225) Communication towers Bars, lounges, bottle clubs (5921,5813). Convenience stores. (5411 ) Adult entertainment. Laundromat s.(7215) Tattoo parlors.(7299) Labor pools.(7363) Homeless shelters or soup kitchens (8322 and 8361 ) Commercial parking lots (7521) shall not be permitted on parcels that have water access Pawn Shops. (5932) Title Loans. (6541 ) Self and mini storage units. (4225-4226) 2.2.33.8 Accessory uses. 2.2.33.9 2.2.33.10 Uses and structures that are accessory and incidental to the permitted uses allowed within in this subdistrict are allowed unless otherwise prohibited by this subdistrict. 2. Properties immediately ad'lacent to Haldeman Creek may engage in boat rental operations. Conditional Uses. The following uses are permitted as conditional uses in the sub- district subject to the standards and procedures established in division 2.7.4. a. Child Care centers and adult day care centers (8351) b. Churches and houses of worship (8661) c. Increase building height to maximum height of one-hundred (100) feet in the Neighborhood Commercial sub-district for commercial uses that front Bayshore Drive. Outdoor display and sale of merchandise. The following regulations govern the outdoor display and sale of merchandise. Words z:r-':k thrv, ugh are deleted. words underlined are added. 33 NOV 2 9 2000 1. No automatic food and drinking vending machines or public pay phones are permitted outside of any structure. 2. Newspaper vending machines will be limited to two machines per project site and must be architecturally integrated within the project sitc. 3. Outdoor display and sale of merchandise, within front yards on improved properties, are permitted subject to the following provisions: A. The outdoor display/sale of merchandise is limited to the sale of comparable merchandise sold on the premises and as indicated on the proprietors' occupational license. The outdoor display/sale of merchandise is permitted on improved commercially-zoned properties and is subiect to the submission of a site development plan that demonstrates that provision will be made to adequately address the following: 1. Vehicular and pedestrian traffic safety measures. 2. Location of sale/display of merchandise in relation to parkj.ng areas. 3. Fire protection measures. 4. Limited hours of operation from dawn until dusk. 5. Merchandise must be displayed in a vendor cart that complements the architectural style of the building that it is accessory to. 6. Vendor cans located on sidewalks must afford a five-foot clearance for non-obstructed pedestrian traffic. 2.2.33.11 Dimensional standards. Minimum Yard requirements. 1. Front Yards- At five (5) feet, eighty (80) percent of the structure must be located at the required front setback line. In-fill projects may vary from this front setback line in order to keep a consistent front yard with adjacent exiting structures. 2. Side Yards -Five (5) feet, except when abutting the residential district then it will be !5 feet. 3. Rear Yards- Twenty (20) feet 4. Waterfront- Twenty-five (25) feet- outdoor seating areas, canal walkway. water management facilities, and landscaping area may be located within the required setback. 5. Buildings located on Bayshore Drive will have their first floor elevation level with the sidewalk. The first floor of the buildings must be utilized for commercial purposes. Where possible buildings facing Bayshore Drive wrap around the corner as depicted on Figure I. To allow the maximum use of the waterfront, building placement o.n. a lot can vary from the required setbacks, provided such variation is recommended by the CRA Staff and County Architect and approved by the Planning Director. 2.2.33.11.2Maximum Density. For the residential component- 12 units per acre as required by the Growth Management Plan. 2.2.33.11.3 Minimum floor area. Seven-hundred (700) square foot gross floor area for each building on the ground floor. 2.2.33.11.4 Maximum height o[structures. Commercial use buildings are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. Words ~.tmcl: t~re"g?. are deleted. words underlined are added. 34 2. Buildings containing only Residential uses are limited to a maximum height of three stories or forty-two (42) feet above the sidewalk grade to the building eave. 3. Buildings containing mixed-use residential over commercial uses shall be limited to a maximum height of four stories or 56 feet above the sidewalk grade to the building eave. 4. First floor of the building at the sidewalk level shall be no less than 12 feet in height from the finished floor to the finished ceiling and shall be occupied by commercial uses only. 5. Buildings containing commercial or residential uses are required to a minimum depth of 35 feet from the front setback line on all floors. The remaining depth may be used for parking. Figure 1- Plan of a typical comer lot development ,.4 2.2.33.12 Parking Standards 1. 3 spaces per 1000 square feet of floor area open to the general public for commercial use 2. Minimum one (I) parking spaces for each residential unit. 3. Outdoor caf{~ areas shall be exempt from parking calculations. 4. Access to the off-street parking facility must be from the local street unless restricted due to lot size. 5. Should the property owner develop on-street parking spaces on local streets within the same block of the project site, then each space so provided shall count as one space toward the parking requirement of this subsection. 6. On-street parking on local streets excluding Bayshore Drive requires an agreement with the County to use the public right of way for parking. Angle or parallel parking (as depicted in Figure 2) is permissible based on the site development plan as approved by the Planning Services Department and built to County standards. The property owner must agree to maintain that portion of the public right-of-way where the parking is located. Words ............e.. are deleted, words underlined are added. 35 AC.~DA ITF, L~ NOV 2 9 2000 Figure 2 - Typical on-street parking on local streets On-street parking on Bayshore Drive shall be made available to the property owner on a first come first serve basis at the time of Site Development Plan (SDP) or Site Improvement Plan (SIP) approval provided the parking does not interfere with the on-street bike lanes and is located within the block in which the block that the property is located. Construction or renovation of any building must occur within 90 days of the SDP or SIP approval and be completed within six months of commencement in order to secure the on-street parking spaces. Due to circumstances beyond the control of the applicant the property owner may request an extension from the Planning Services Director. These spaces must be used toward the fulfillment of the parking requirements set forth herein. The off-site parking requirements of Section 2.3.4.11 of the LDC shall apply except for the requirements of subsection 2.3.4.11 (4) (g). Vehicular egress points may be located on local streets opposite residential homes provided they are within the Bayshore Mixed Use Overlay District. Off-site parking facilities outside of the BMUD are subject to all of the requirements of Sub-Section 2.3.4.11 of the LDC. Shared Parking requirements shall be consistent with those provided in Section 2.3.5 of the LDC code except that the Planning Services Department Director can approve or deny requests instead of the board of zoning appeals or planning commission and under Section 2.3.5.3.3, shared parking spaces can be separated by Bayshore Drive provide the two properties are located with the BMUD. 2.2.33.13 Landscaping- as required in division 2.4, shall apply unless specified otherwise below: Words ............ e,. are deleted. words underlined are added. 36 2.2.33.13.] Special buffer requirements for development areas contiguous to residentially zoned property. A fifteen- foot wide landscape buffer area shall be required. This area shall include a six (6) foot high wail, fence or berm, or combination thereof, a row of trees spaced no more than 25 feet on center, and a single row of shrubs at least 24 inches in height at the time of planting Landscaping shall be on the residential side of the wall. 2.2.33.13.2 Landscape buffer requirements for multifamily residential development adjacent to single family residential property. A ten-foot- wide Type B landscape buffer with narrow canopies proportionate to the narrow buffer space shall be installed. 2.2.33.13.3 Landscape buffer requirements where vehicular use areas abut the waterfront. A double row hedge at least 24 inches in height at the time of planting and attaining a minimum of three feet in height within one year shall be required. 2.2.33.13.4Rear Landscaping Requirements for neighborhood Commercial and Waterfront Districts adiacent to the waterfront. A five foot Type D landscape buffer with a canal walkway is required. The walkway shall be a minimum of six- feet- wide and consist of an impervious surface walkway. Walkways must be designed and located to provide an interconnection between adiacent properties wherever possible. Marinas may be exempted from this provision due to safety provisions if approved by the Planning Sen'ices Director. 2.2.33.13.5Landscape require~nents for properties fronting Bayshore Drive. The intent is to integrate the right- of- way and building front with decorative pavement that is consistent with the Bayshore Beautification hardscape. Landscaping shall be consistent with the Bayshore Beautification Plan. 2.2.33.13.6Landscape screening of mechanical equipment such as air-condition units. Mechanical equipment shall be screened with a fence that is architecturally compatible with the building it serves or be screened with a three-foot high hedge, spaced three feet on center. 2.2.33.14 Special Provisions 1. Retractable awnings shall be exempt from fire sprinkler requirements. Fixed awnings under 145 square feet shall be subject to sprinkler requirements but only from the potable water supply without requirements for backflow protection. 2. Loading docks and service areas shall not be allowed on the frontage line. 2.2.33.15 Architectural Standards 1. All buildings shall meet the requirements set forth in division 2.8 unless otherwise specified below: 2. All buildings adiacent to Bayshore Drive will have the principal pedestrian entrance fronting Bayshore Drive 3. 35 percent of the building fafade that face Bayshore Drive will be clear glass 4. Attached building awnings may encroach over the setback line by a maximum of five feet. 5. Neon colors shall not be used as 2.2.33.16 accent colors For buildings that abut the waterfront, the rear of the building will be treated as a front facade in applying architectural standards as provided in division 2.8, unless otherwise specified. Signs. Division 2.5 shall apply, unless specified below: Words s'.ruck thr:"g5 are deleted. words underlined are added. 37 NOV 2 9 2000 1. One wall sign sholl be permitted for each single- occupancy parcel, or for each establishment in a multiple-occupancy parcel provided such signs do not exceed 20 percent of the total square footage of the visual faqade of the building to which the sign will be attached and shall not exceed 65 square feet in area. 2. In addition, hanging or projection signs are permitted provided such signs do not exceed 6 square feet, and shall not project more than 4 feet from the building in which the sign will be attached. This sign shall be elevated to a minimum of 8 feet above any pedestrian way and shall not exceed a height of 12 feet. 3. No freestanding signs shall be permitted. 4. In addition, the vertical drip of an awning may be stenciled with letters no more than 8 inches in height and not to exceed one-third of the length of the canopy. 5. Parcels adjacent to the waterfront may have one addition sign to be placed on the facade which faces the waterfront provided it meets all of the above requirements. 6. Comer buildings or comer units within multiple tenant buildings may have one additional wall sign provided both signs are not placed on the same wall. 7. No internally lit cabinet signs shall be permitted. 2.2.33.17 Waterfront Subdistrict - The purpose of this district is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, unless set forth below. Development in this subdistrict is encouraged to be a mix of restaurant and retail uses while allowing for limited marina uses. 2.2.33.18 Permitted Uses a. All uses permitted within the Neighborhood Commercial Subdistrict are permitted. b. Marinas. (group 4493. except all repair, storage and sales of boats must be conducted in an covered area or area internal to the site.) Boats available for rental purposes shall be located in the water or properly screened from the roadways. No outside display of boats for sale or rent shall be visible from Bayshore Drive. 2.2.33.19 Conditional Uses-Marina a. Fuel Facilities (if permitted the fueling station canopy must be architecturally consistent with the building design.) b. Increased building height to maximum height of one hundred (100) feet in the waterfront sub-d/strict. 2.2.33.20 Special Conditions for marinas a. All repair and storage shall not be visible from the local street. b. All sales of boats shall occur in a covered area that is architecturally consistent with the building it serves. c. Boats available for rental purposes shall be located in the water or properly screened from the local roadways. d. No outside display of boats for sale or rent shall be visible from Bayshore Drive. e. All boat racks shall be enclosed. 2.2.33.21 Landscape buffer requirements for development contiguous to residential zoned property. A twenty- foot- wide landscape buffer area is required. Such buffer must include a minimum six (6) foot high wall, fence, berm, or combination thereof, a double row of trees spaced no more than 20 feet on Words ,~:ruzk t~r.~:g~ are deleted, words underlined are added. 38 center, and a double row of shrubs at least 24 inches height at time of planting. Landscaping shall be on the residential side of the wall. 2.2.33.22 Parking 1. Parking requirements are the same as those set forth in the Neighborhood Commercial sub-district. 2. Marinas- one parking space per five dry boat storage spaces. 2.2.33.22. l On-site traffic circulation system shall be provided that will accommodate areas for the loading and unloading of equipment that will not encroach on residential developments. 2.2.33.23 Residential Subdistrict. The purpose of this district is to encourage the development of multifamily residences as a transitional use between commercial and single-family development. The multifamily buildings shall be compatible with the building patterns and fagade articulation of traditional neighborhood design. The intent is to create a row of residential units with uniform front yard setbacks and access to the street. 2.2.33.23.1 Permitted uses. The following uses are permitted as of right. a. Single -family dwellings b. Two.family dwellings c. Townhouses d. Multi-family dwellings 2.2.33.23.2 Uses accessor~ to permitted uses. 1. Uses and structures that are accessory to and incidental to the uses permitted as of right. 2. Private docks and boathouses subiect to section 2.6.21 and 2.6.22. 2.2.33.23.3 Minimum lot width: Sin I~: 50 feet. Two-family: 50 feet. Townhouses 25 feet Multi-family 100 feet. 2.2.33.23.4Yard requirements. The following ,yard requirements shall apply and are in relation to the Front Yard Min. Side Yard Min. Rear Yard At* 7-1/2 feet unless One (Sin£1e) Family 10 feet abutting commercial 15 feet Dwelling Units property~ then 5 feet 5 feet unless abutting Two Family 10 feet single family unit~ 15 feet Dwelliml Units then 7.5 feet 0 feet when abutting another townhouse~ Townhouse 10 feet if not then the same 15 feet standards as a two family dwelling unit. Multiple Family 5 feet unless abutting (Three or more) 10 feet single family unit~ 15 feet Dwelling Units then 7.5 feet *Shall be I0 feet from the property line to the building footprint. Words :trac. t..roug.. are deleled. words underlined are added. 39 A C-,~..NI) A ITEJ~ NOV ?nnn 2.2.33.23.5 Minimum floor area: 750 square feet per unit 2.2.33.23.6Maximum height of structures.(Measured from Federal Emergency Management Agency' (1~ 1. Pn'ncipal structures, Three habitable floors or a measure of 40 feet. Accessory structures. 15 feet except for screen enclosures~ which may be the same height as the principal structure but in no event greater than 35 feet. 2.2.33.23.7 Minimum off. street parking. 1. Minimum off-street parking is one space per dwelling unit. 2. There shall be no visible parking area from the frontage road. 2.2.33.23.8 On street parking requirements.(RESERVED) 2.2.33.23.9Building placement and design. Buildings and their elements shall adhere to the following: 1. Buildings shall be divided using articulation and/or modulation at least ever,' 80 feet. Faqade modulation is stepping back or extending forward a portion of the faqade at least 6 feet measured perpendicular to the front faqade for each interval. Articulation includes porches~ balconies~ bay windows and/or covered entries. 2. The primary residence shall be oriented to the street. Orientation is achieved by the provision of a front facade including an entry door that faces the street. 3. On corner Iots~ both street facades of a building shall have complementary details~ in particular, building materials and color~ rooflines and shapes~ window proportions and spacing~ and door placement. 4. All mechanical equipment must be screened with a three-foot height hedge spaced three feet on center or an opaque fence or wall at any height to completely screen the mechanical equipment. 5. Stem wall construction required~ no monolithic construction allowed. 2.2.33.23.10Elevation. Buildings shall adhere to the following elevation requirements: The first habitable floor at the street fagade may not be greater than one foot over the minimum first floor elevation designated in the National Flood Insurance Program by the Federal Emergency Management Agency (FEMA). A maximum of 40% of the first habitable floor may be greater than one foot over the FEMA- designated minimum first floor elevation. Open stilt-type construction is not permitted. On front yardst the fagade area below the first floor must be treated with a solid facade or lattice which is consistent with the architectural style of the building. The garage floor shall not exceed 24 inches above the elevation of the right-of-way from which it is accessed. 2.2.33.23.11Front Porches. Front porches that adhere to the following standards may encroach seve 1. Front porches must cover a minimum of 40% of the horizontal length of the front yard faqade of the primary residence. 2. Front porch design and material shall be consistent with the architectural design and construction material of the primary residence. 3. Front porches shall not be air-conditioned nor enclosed with glass~ screen~ or other material. Words z:r:::k tSrc::g~ are deleted, words underlined are added. 40 NOV ? 9 2000 4. Second-story porches are encouraged, but no enclosed room is permitted above the front porch. 2.2.33.23.12 Garages and drivewa ~,s. 1. The rear setback may be reduced to 10 feet if a front-access garage is constructed on the rear of the residence. Garage doors shall have a maximum width of 16 feet. Only one driveway is allowed per 50 linear feet of front property line. The driveway shall have a maximum width of 18 feet in the right-of-way area. Other than the permitted driveway, the front yard mav not be paved or otherwise used to accommodate parking. Garages shall be recessed a minimum of three (3) feet behind the front facade of the primary residence. No carports are permitted. 2.2.33.23.13Accessory, Units. An accessory units is a separate structure located at rear of the properti independently of the primary residence. The following regulations regarding accessory units appl.~: 1. Only one accessory unit is permitted per primary residence. 2. The maximum area of an accessory unit is 550 square feet, limited to one habitable floor. 3. The accessory unit may be above or on the side of a garage and may be connected to the primary residence by an enclosed breezeway or corridor not to exceed eight feet in width. 4. The maximum height of a structure containing a guest unit over a garage is limited to 18 feet~ measured from the level of graded lot to the eave, and with a maximum overall building height of 24 feet to the top of the roof. A structure containing only a guest unit is limited to one story and 10 feet, measured from the FEMA first habitable floor height requirement to the eave, with a maximum overall buildi,~g height of 16 feet to the top of the roof. 5. For purposes of calculatin~ density, an accessory unit will count as one-half a dwelling unit. 2.2.33.23.14 Density. One Single-Family Dwelling Unit or minimum 2 residential units per platted lot or maximum 12 units per acre. Words str',~ck :Sr.v.'-'gh are deleted, words underlined are added. 41 NOV 2 9 2000 .,. /q_q_ Figure 3-Typical front elevation for residential development. Sec. 2.2.34. Goodland Zoning Overlay (GZO) District 2.2.34.1 2.2.34.2 Purpose and Intent (GZO): To create design guidelines and/or amend the existing development standards that will assure the orderly and appropriate development in Goodland, while still providing sufficient flexibility for the property owner and design professionals. The Goodland Zoning Overlay District is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village, small town environment of Goodland is protected, and preserved and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. Geographic Boundaries: The boundaries of the Goodland Zoning Overlay District are delineated on Map I below. Words struck tSre-".g~ are deleted, words underlined are added. 42 A~A NOV P~. 2000 GOODLAND ZONING OVERLAY BOUNDARY MAP1 2.2.34.3 Applicability: The regulations apply to the above-described geographic area. These regulations are intended to supplement the existing land development regulations found in the Collier County Land Development Code (LDC). In the event of a conflict betw:en other provisions of this Code and these regulations, these regulations contained in this overlay shall apply. 2.2.34.4 Development criteria. The development criteria and standards for each zoning district in Goodland (as provided for in the Land Development Code) shall apply for all uses and structures in this overlay district unless specifically superseded below. 2.2.34.4.1 Maximum building height. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use provided that no residential building may contain more than two (2) levels of habitable space. 2.2.34.4.2 Minimum lot requirements. As provided for in the Village Residential Zoning District for each permitted, accessory, and conditional use except for the following: a. Single family/Mobile Home: Lot area: 4,275 square feet. Lot width: 45 feet. Sec. 2.2.35. Declaration of a partial moratorium for multi-family residential development the Goodland area. 2.2.35.1. Duration. For a period not to exceed one (1) year from the adoption of this Land Development Code amendment. Words ............. ~.. are deleted, words underlined are added, 43 NOV 2 9 2000 2.2.35.2. Geographic scope o£the o[the Goodland area. The geographic scope of the Goodland area shall be as follows: Includes: All lands zoned "VR" Village Residential. 2.2.35.3. Prohibited uses. The following use is hereby prohibited for a maximum one year period while the Goodland Zoning Overlay is being developed. 1. Multi-family Residential Dwellings. 2.2.35.4. Exemptions. Properties in all other zoning districts including single-family and other uses in the Village Residential Zoning District. In addition, any multi-family use in the Village Residential Zoning District in the Goodland area for which completed applications for development approval (site development plan) and/or building permits that were filled and approved by the County prior to the adoption of the moratorium. 2.2.35.5. Map. The following map dipicts the Village Residential Properties within the Goodland area. GOODLAND ZONING OVERLAY BOUNDARY IM~PI SUBSECTION 3.C. AMENDMENTS TO LANDSCAPING AND BUFFERING DIVISION Division 2.4., Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: ~!VISION 2.4. LANDSCAPING AND BUFFERING Sec. 2.4.4. Plant material standards and installation standards. Words ctr;:zk :hrv::gh are deleted, words underlined are added. 44 AGENDA ITEM 2000 2.4.4.12 2.4.4.12.1 2.4.4.12.2 2.4.4.12.3 2.4.4.12.4 2.4.4.12.5 2.4.4.12.6 2.4.4.12.7 2.4.4.12.8 2.4.4.12.9 2.4.4.12.10 2.4.4.12.11 2.4.4.12.12 Prohibited Exotic Species. In addition to the prohibitions outlined in section 2.4.4.11, the following species or seeds thereof shall not be grown, offered for sale, or transported inter-county or intra-county. Melaleuca spp. (punk tree). Schinus terebinthifolius (Brazilian pepper). Any member of the family Casuarinaceae (Australian pine). Rhodomyrtus tomentosa (downy rosemyrtle). Dioscorea bulbifera (air potato) Colubrina asiatica (lather leaf). Lygodium spp. (climbing fern). Syzygium cumini (Java plum). Mimosa pigra (catclaw mimosa). Acacia auriculiformis (earleaf acacia). Albizia febbeck (Women's tongue). Cupaniopsis anacardioides (Carrotwood) Sec. 2.4.6. Minimum Landscaping requirements. Landscaping for all new development, including single-family, two-family, multifamily and mobile home dwelling units, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to subsection 2.4.4.11. Trees shall meet the requirements of section 2.4.4.2. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. Residential developments. One canopy tree per 3,000 square feet of lot area, or two canopy trees per lot. whichever is greater, with the maximum number required: 15 trees per lot. Multifamily developments. One canopy tree per 2,000 square feet of pervious site area excluding preserves. This is in addition to other requirements. 2.4.6.1. Industrial and commercial developments. One canopy tree per 3,000 square feet of pervious site area, or one canopy tree per lot, whichever is greater. 2.4.6.2. Communication towers. An 8' high, 100% architecturally finished opaque wall must screen the security fencing that surrounds a tower base. In addition, landscaping must be located on the outside of such wall. The hedge requirement must also be planted around any ground level guy anchors. The entire perimeter of this wall shall be landscaped in at least one of the following ways so as to provide the equivalent of minimum code size trees located 25' o.c. and a 3' height 2.4.6.3. hedge planted 3' o.c 2.4.6.4.- (a) (b) If native vegetation is present within the lease parcel, a minimum 20' wide buffer strip must be preserved and used toward meeting the tree and hedge planting requirement. If native vegetation is present but not dense enough to meet the equivalent of the tree and hedge requirement, it must be supplemented with plantings to meet the tree and hedge requirements. Words :,',rack through are deleted, words underlined are added. 45 AG, F_J',~ A ITF_ NOV 2 9 2000 (c) On sites where no native vegetation is present, a 15' wide landscape buffer with minimum code size trees located 25' o.c. and a 3' height hedge planted 3' o.c. must be planted. At the discretion of the County Landscape Architect, some or all of these landscape buffering requirements may be displaced to a ro.w. landscape buffer located within the lease parcel when it better serves the public interest of screening the view of the communication tower. 2.~.5.~. 2.4.6.5 Littoral zone planting. All developments that create lake areas shall provide littoral zone plantings of emergent, aquatic vegetation in accordance with Section 3.5.7.2.5. 2.4.6.&6~ Building perimeter plantings. All shopping center, retail, office, apartments, condominiums, clubhouses and similar uses shall provide building perimeter plantings in the amount of 100 square feet per 1,000 square feet of proposed building ground level floor area. These planting areas shall be located adjacent to the building and shall consist of landscape areas, raised planters or planter boxes that are a minimum of five feet wide. Water management areas shall not be a part of this five-foot planting area. Sec. 2.4.7. Minimum landscape buffering and screening between uses. 2.4.7.4. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. Alternative A: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, in,quding trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a minimum maximum four feet on center at planting. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six- foot wall, fence, hedge, or berm, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Alternative D: A landscape buffer shall be required adjacent to any road right-of- way external to the development project and primary access roads internal to a commercial development. Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way. Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development. Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development. Words stn:ck t~rcr:g~ are deleted, words underlined are added. 46 NOV 2 9 2000 A hedge of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way, pursuant to section 2.4.4.3.2.4.4.4. Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24" in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design.. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. The remaining area of the required landscape buffer shal! consist of must contain only existing native vegetation, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas. SUBSECTION 3.D. AMENDMENTS TO SIGNS DIVISION Division 2.5., Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.5. SIGNS 2.5.5.1.6. On-premises signs within residential districts. Two ground signs with a maximum height of 8 feet 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: Such signs 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 10-foot setback from any property line unless placed on a fence or wall subject to the restriction set forth in section 2.6.11. Furthermore, bridge signs located on private bridges directly leading to private communities shall not be considered off-premise signs. Bridge signs complying with the requirements of Section 2.5.5.1.6 may be substituted for ground of wall signs in residential districts. 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. Graphic artistic or architectural embellishments less than 10 square feet in area not containing any letters or numbers shall not be considered signs and shall be allowed throughout the development. However, should such architectural embellishments be located closer than 10 feet to any sign, then it should be considered an integral part of the sign and shall be subject to the restriction of this Section. SUBSECTION 3.F. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Words attack tkr.vugh are deleled, words underlined are added. 47 DIVISION2.6. Sec. 2.6.4. 2.6.4.2. 2.6.4.2.1 Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier '~nty Land Development Code, is hereby amended to read as follows: SUPPLEMENTAL DISTRICT REGULATIONS Exceptions to Required Yards Minor after-the-fact yard encroachments Minor after-the-fact yard encroachments may be approved administratively by the development services director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: 1. Structures for which a certificate of occupancy has not been granted. The development services director may administratively approve minor after- the-fact yard encroachments of up to 5 pement of the required yard, not to exceed a maximum of 6 inches. 2. Structures for which a certificate of occupancy or a final development order has been granted. The development services director may administratively approve minor after-the-fact yard encroachments of up to ten percent of the yard required yard as of the date on which the certificate of occupancy or final development order was granted, not to exceed a maximum of two feet. Sec. 2.6.11. Fences. 2.6.1t.1. 2.6.11.2. 2.6.11.2.1. 2.6.11.2.2. 2.6.11.2.3. 2.6.11.2.4. 2.6.11.2.5. 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. 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-,ecreational 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: Fences or walls on all lots greater than one acre in area may reach a maximum height of 6 feet. For non-waterfront interior lots one acre or less in area, fences or walls may reach a maximum height of 6 feet for side and rear yards, but are limited to 4 feet within the required front yard. For waterfront lots one acre or less in area, height limits are as for non-waterfront lots, but with the additional restriction that fences or walls within the required rear yard are limited to 4 feet. For comer lots one acre or less in area, which by definition have only front yards and side yards, fences within required front yards are limited to 4 feet, with the exception that any portion of a front yard fence within the safe sight triangle described in section 3.2.8.3.22 is restricted to 3 feet in height. (Two sides of this triangle extend 30 feet along the property lines from the point where the right-of- way lines meet, and the third side is a line connecting the other two.) Fences within required side yards may reach 6 feet. Barbed wire, razor wire, spire tips, sharp objects, or electrically charged fences shall be prohibited, except that the board of zoning appeals may allow the use of barbed wire in conjunction with chainlink fencing for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. Words struck thrcug~ are deleted, words underlined are added. 48 NOV 2 2000 2.6.11.3. 2.6.11.4. 2.6.11.5.6. AgricuhuraI 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. Commercial and industrial districts. For the purposes of this section, commercial and industrial districts shall include: CI/:I:, C-2, C-3, C-4, and C-5 ~eavy commercial district_s; I industrial district; and P public use district; and commercial and industrial tracts or increments of PUD planned unit development. All fences or walls in commercial zoning districts, and all fences and walls on industrial zoned parcels which industrial parcels or tracts abut arterial or collector roads, must also comply with the provisions of Sections 2.8.3.3.3.1. and 2.8.4.2.3.1. (Fencing standards), and 2.4.7.4 (Types of buffers). Unless otherwise provided all commercial and industrially designated lands in PUD'S, Planned Unit Development shall comply with these provisions. Fences and walls shall be constructed to present the finished side of the fence or wall to the adjv:.ning Ict or any abutting right-of-way. W~erc d'-'-e t,v the pr:gcnco Sec. 2.6.15. Solid waste disposal Pursuant to Ordinance No. 90-30, as amended. Ssolid waste disposal shall be required in the form of bulk container service (garbage dumpsters and/or compactors) for all commercial establishments and multi-family projects ~r .., ...............r~;~; ....not receiving curbside pickup. ~-~ '~' all ..... ; .......... ~ .... ; ..... "*~ ~' .... Solid Waste Dis~sal sh~l be required in the fore of curbside pick up for ~1 other hosing t~es. 2.6.15.3. Minimum requirements and locatiohal restrictions. In the case of multifamily developments '-';'~' ..... ~,~ c ....... : ..... ~'~mztt:rz, that do not receive curbside service pick up and choose to use dumpster service, at least one standard size bulk container (dumpster) per every ten units shall be required. All such containers are subject to the following locational restrictions. Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning districts. Solid waste bulk containers may be located within a required yard provided they do not encroach into a required landscape area, and further provide that there be no blockage of the view of motorists or pedestrians so as to constitute a hazard. In the case of multi-family developments containing more than one structure, no solid waste bulk container (garbage dumpster) shall be located greater than 500 feet from the structure it is intended to serve. d. In case of multi-family developments that do not use curbside pickup and that choose to use compactor service the following restrictions apply: Words ............ e.. are deleted, words underlined are added. 49 NOV? .q 2.6.15.4.1 i. Solid waste compactors shall be permitted in all zoning districts. ii. In the case of individually owned multi-family units (condominiums), the owner may utilize a compactor instead of curbside pickup or dumpsters. Compactor service shall only be instituted by the developer prior to the sale of the first unit. A change from curbside or dumpster service to compactor service would require a maiority vote by the homeowner'a association. iii. In the case of multi-family developments (rental units) containing more than one structure, the owner may permit a compactor instead of dumpstem at any time. Solid waste bulk containers (dumpsters) may be substituted by individual solid waste disposal service (unit by unit curbside pick-up) subject to the following: In the case of individually owned multi-family dwelling units (condominiums), individual (curbside) solid waste disposal service may be substituted for the required bulk containers (dumpsters and/or compactors) upon documentation that the subject unit or condominium association, having been turned over from the developer to the residents, has voted in the majority to eliminate the use of dumpsters and/or compactors in favor of individual curbside service for all or part of particular development, subject to acceptance from 5c,'& b_~ the Collier County Solid Waste Department. m~t the ',vvc, te ~a',:!er. Additionally, the association shall demonstrate that there is adequate access to facilitate curbside pickup and that all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. In the case of multi-family rental units b'.:!k :~!id ?,'e.~te Sa'.:!cr. the owner may utilize a compactor instead of a dumpster at _any time. In the case of a commercial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 98-63, § 3.D, 6-24-98) Code reference--Solid waste, ch. 118. Sec. 2.6.21. 2.6.21.1. Dock Facilities 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 protmsions 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 Words slr::ck {brough are deleted, words u0der ined are added. 5O A CIE..N,D A IT F...3~ NOV 2 9 20Or! 2.6.21.1.2 2.6.21.2. Sec. 2.6.33.8. 2.6.33.8.1. 2.6.33.8.2. considered an accessory use or structure. Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. Non-residential dock facilities shall be subject to all the provisions of section 2.6.21, with the exception that protrusions for non-residential dock facilities beyond the specified limits shall be determined administratively by the Planning Services Director at the time of Site Development Plan review, based on an evaluation of the criteria in section 2.6.21.3. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses, with the exception of boat dock facilities on manmade lakes and other manmade bodies of water under private control. Film permit. Permit required. Ne person, firm,,, ca,oration ar a.%~.ciaticn shall talc.: still or ........ ~ ~ ..........~ ......property or property c':.'ne~ ' cr "-~ the control ~r ~,,:~. ~ ..........:,~ ....n.o, having ~h,~;..a a permit. A permit shall be required for the following, in conjunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, tempor~y structures, lighting eqaipment or other app~atus. special effects, or closure of public streets or accessways. This code shall nol apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted Hse. Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the zoning Planning Services director; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone number of applicant. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the Planning Services Director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Special effects to be utilized, especially incendiary or explosive devices, with proof or [c~ of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and !iceriser [!icen~ing] license l~y from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. 4. Locations, dates and hour of filming scene to be F:!med. 5. The following information is required by the Planning Services Director, unless waived: a_. A description and sketch conceptual plan indicating the location of film events and parking facilities provided. b. Plans for construction or utilization or r^n of structures on subject site(s). Words .~tr'.:ck t~rcxg~ are deleted. words underlined are added. 51 A C-~J'~ Aft NOV 2 200!1 _Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s) to its original condition. _Provide a description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. Describe any use which may encroach into' environmentally sensitive areas. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. Necessity for closures of public streets or sidewalks and for what duration and location. h_.~_. Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons at the subject site(s). List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. 44. j. Provisions for traffic control, fire safety and security precautions. If located on private property, not under the county's ownership or control, a written notarized agreement will be required from the propert)' owner to allow the filming to occur on his property. Additional information requested to assist Collier County in obtaining future film production. 2.6.33.8.3. l, tsurance requirements. The applicant shall, a5 a r .... ,~u:o:t~ to ................ .... :' maintain in force at all times during the permit period a comprehensive general liability policy with limits other than those described in [~"~' .... ;^-~/~" and (c) -~' .... '~:~ Section 2.6.33.8.2 as determined recommended by the Risk Management director of t~e risk management divisian upon a review of the particular circumstances involved and a ..... :_~ ~., ,~ ~,a ~f county ccmmi~sioners. Said applicant, as a prerequixite to the issuance of a permit, shall provide to the zcning Planning Se~ices director a certificate of insurance evidencing that said insurance is in existence and certifying that Collier County is a named insured and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. 2.6.33.8.4. bzdemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the z~ning Planning Services director. 2.6.33.8.5. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land or facilities shall be in effect. 2.6.33.8.6. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the zoning Planning Services director, the permit may be issued. If the zen~ng Plannin~ Services director determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the board of county commissioners. The Words :.tr'~zk :~r.e"g~ are deleted, words underlined are added. 52 AC~._h~ A I T F.~i NOV 2 9 20OO 2.6.33.8.7. 2.6.33.8.8. 2.6.33.8.9. Sec. 2.6.34. special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated erafly verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production, which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. Surety bond. A surety bond in t-he a._~n amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond will may be required by the Planning Services Director a to provide for cleanup and/or restoration of the subject site(s). Annual Beach Events Permit 2.6.34.1.1. The owner of beach-front commercial hotel-resort property may apply for an Annual Beach Events Permit. The Planning Services Director, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned Beach Events as indicated on the permit form and exhibits thereto. 2.6.34.2. For purposes of this section, a "Beach Event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: 1. The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) is of a nature not commonly associated with the day-to-day use of the beach by the general public. Words s:ruck tSroag5 are deleted, '~ords underlined are added. 53 NOV 2 $ 2000 2.6.34.3. Notice of Scheduled Events: 2.6.34.3.1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all Beach Events scheduled for the following month, in the form and content made a part of the Annual Beach Events Permit application. The notice shall indicate the date, time and duration of each event. The maximum number of days of beach events, during any calendar year. shall be 150 calendar days. 2.6.34.3.2. If a Beach Event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the County with a separate written notice at least 48-hours prior to such event. 2.6.34.3.1 All notices furnished to Collier County pursuant to the permit shall be sent to Collier County Planning Services Department. 2.6.34.4. Event Cancellations and Postponements: 2.6.34.4.1. If a scheduled Beach Event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, h~,wever the property owner shall make every effort to notify the County staff a minimum of 4 hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2.6.34.4.2. If a Beach Event is canceled or postponed, and no other Beach Events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of Beach Events 2.6.34.5. authorized by the permit. Sea Turtle Nesting Season (May Ist through October 3 lS' of each year): During sea turtle nesting season Beach Events shall be subject to the following conditions: 2.6.34.5.1. A copy of the Florida Department of Environmental Protection (FDEP) Field Permit, if required by FDEP, shall be obtained and furnished to Collier County prior to the time of the scheduled event. 2.6.34.5.2. Set up, including beach raking, for a particular Beach Event shall not commence until after the daily sea turtle monitoring is completed by the Collier County Natural Resources Department staff. 2.6.34.5.3. Use of vehicles is prohibited, except as may be permitted in Section 3.14.3. of this Code. 2.6.34.5.4. All materials placed on the beach for purpose of conducting the Beach Event shall be removed from the beach by no later than 9:00 p.m. of the date of the event. 2.6.34.5.5. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event 2.6.34.5.6. Identification of sea turtle nests on the beach may cause the Beach Event to be relocated or to have additional limitations placed on the event, pursuant to the recommendation of Collier County Natural Resoumes Department. 2.6.34.5.7. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three (3) inches shall be subject to the approval of the FDEP and Collier County. Words sm:.zk t~rm:gh are deleted. words underlined are added. 54 2000 2.6.34.5.8. Notices required b'~' this permit shall also be furnished to Collier County Natural Resources Department. 2.6.35. Communication Towers 2.6.35.6.3. Essential Services--Specified Conditional uses. Except in the RSF-1 through RSF- 6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriffs substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be conditional use approved as stand alone essential service facilities provided the tower is to be owned by, or be leased to, a government, and the primary uses of the tower are for governmental purposes. 2.6.35.6.21. Existing native vegetation on the leased parcel, when present, shall be used to meet the landscape buffer requirements per Section 2.4.7.4. Where existing native vegetation is insufficient within the leased parcel area, a ,~, landscaped buffer area no less than ten feet wide shall be developed around the perimeter of each new tower that requires security fencing. Refer to Section 2.4.7.4 for landscape buffer requirements. Thi~ buffer ~ha!] enc,v,_-n~'~a.~s all nov.' structures · ,,;.k;~ ,k~ ~,,CC~ *~ ~,~ a continuous hedge ~' t .....h,~ c~. in height ~' The ~uffer mugt Le maintained in good condition. Section 2.6.35.7. Alligator Alley Communication Towers (1) Notwithstanding other provisions of Section 2.6.35, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the four towers shall be constructed to replace two existing Florida Department of Transportation towers. The four new telecommunication tower sites shall be located approximately at: (a) mile marker 52.2. The height of the tower shall not exceed 250 feet including antennas; (b) mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; (c) the site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; (d) the site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1-75 at mile marker 63.3. The height shall not exceed 280 feet including antennas. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation (FDOT), the U.S Fish and Wildlife Service (FWS), the Words r.',r',:ck through are deleted. words underlined are added. 55 NOV 2 9 2000 National Park Service (NPS), the Department of Forestry (DOF), and Collier County agencies, where practical. (2) Each tower shall be constructed in accord with the standards and requirements of Section 2.6.35 and other applicable sections of the LDC except as expressly provided otherwise in this Section. (3) (4) (5) Minimum yard requirements: There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the 1-75 right-of-way and each propose~t tower must maintains a separation distance from all adjacent residential property lines equal to one-half (1/2) the tower's height or equal to a Florida Professional Engineer's certified collapse area (fall zone), whichever is greatest, or a clear zone is maintained on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. Access: Physical access to each tower site shall be as approved by FDOT. Parking: Sufficient unpaved area shall be provided on or adjacent to each tower site to accommodate temporary parking for one vehicle for servicing or maintaining the communication tower. (6) Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted 25 feet on center shall be developed and maintained around the perimeter of each tower site and other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At ]east one row of native vegetation shall be planted within the buffer to form a continuous hedge at least three feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the Planning Services Director where the buffer is not practical due to public safety problems. (7) A Site Developm?nt Plan and construction plans will be submitted to the Collier County Planning Services Department for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved Site Development Plan or construction plans for any such tower without County approval. (9) Tower lighting: In addition to requirements for tower lights specified in Section 2.6.35 of the LDC, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. Notwithstanding any other provision in this Land Development Code, and notwithstanding the underlying zoning of the respective tower site, subiect to the following, the communications towers and accessory items ("Facilities"), listed above, and all such future Facilities, are lawful uses if located within the confines of the 1-75 right-o~'-w.ay east of the Alligator Alley toll booth to the eastern boundary of Collier County. (a) The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. (b) As all such Facilities must be located within the Interstate Highway No. 75 right of way, the Facilities must be subject to approval from the owner of that fight:of-way, including such conditions as may be Words struc, t..raug.. are deleted, words underlined are added. 56 NOV 2 9 2000 required by that owner. The owner of said right-of-way is the State of Florida by and through the Florida Department of Transportation. (c) The Facilities must be owned by, or leased to, a government. The primary uses of the Facilities must always be governmental uses. Private uses, if any, of the Facilities must always be incidental and subordinate to the governmental uses. (d) Notwithstanding any other provision in Section 2.6.35, the Facilities shall be subject to the tower sharing requirements of Section 2.6.35 if the tower is to exceed a height of one hundred and twenty feet (120) feet, or unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governments. If the tower is to be occupied by an antenna under control of a non-government occupant of the tower and is to be used for any non-governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to prerequisite to occupancy on the tower. SUBSECTION 3.E. AMENDMENTS TO ZONING AND ADMINISTRATION PROCEDURES DIVISION Division 2.7., Zoning and Administration Procedures, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING AND ADMINISTRATION PROCEDURES Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compliance process. Zoning action on building or land alteration permits. The site development review t:.lanning services director shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County building code or this code are in accord with the requirements of zoning code and the ]and development code, and no building or ]and alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, blasting permits, etc. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required ~"':"~:"~ permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this code and no building or land alteration permit application shall be approved by the s~t~. development rzv~.ew planning services director for the erection, moving, addition to, or alteration of any building o~ structure or land except in conformity with the provisions of this zoning code and the land development code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation or variances as provided by this code or unless he shall receive a written order from a court or tribunal or [of] competent jurisdiction. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by ?let an~ ......... :~- ~'~-~ all required plans and drawings drawn to scale, showing Words :tn:ck thrau~zh are deleted. words underlined are added. 57 the actual shape ad dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this land development code. In the case of application of [for] a building or ]and alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the s:,te ~=ve!cpment rz;'!zw planning services director determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the site dc.;':Icpment re:'iew planning services director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the site de~'e!,~?ment review planning services director authorized only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use arrangement, or construction different from that authorized shall be deemed a violation of this land development code. a. Statements made by the applicant on the building or land alteration permit application shall be deemed an official statement. Approval of the application by the site d~,;'=!c?ment r=:'~e:;' planning services director shall in no way, exempt the applicant from strict observance of applicable provisions of this land development code and all other applicable regulations, ordinances, codes, and laws. b. A building or land alteration permit issued in error shall not confer any rights or pri,,'ileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. 4. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (division 3.15 of this code) and Rule 9J-5.0055, F.A.C. 5. Improvement of property prohibited prior to issuance of building or land alteratior~ permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building or land alteration permit where the development proposed requires a building or land alteration permit under this land development code or other applicable county regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services administrator for an approved subdivision or site development plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of Section 3.2.8.3.6 of this code; removal of exotic vegetation shall be Words struck :hrcug~ are deleted, words underlined are added. 58 exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. Zoning and land use approval required prior to or simultaneously with issuance of building or land atleration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the land development code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purpose of determining compliance with the zoning provisions of the land development code, an approval of a site development plan pursuant to division 3.3 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the land development code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the land development code. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to division 3.3 and of a zoning certificate issued for the building and the land. shall be required. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other non-residentially allowed uses of land or buildings. d. A zoning ce~:ificate shall not be required for a land alteration activity when that activity is accessory to other uses of land. SUBSECTION 3.F. AMENDMENTS TO ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS DIVISION Division 2.8., Architectural And Site Design Standards And Guidelines For Commercial Buildings And Projects, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS Sec. 2.8.2. Applicability. Provisions of this division are applicable in all commercial zoning districts, commercial and non-residential components of PUD districts, DRIs, business park districts, and industrial zoned areas and all other zoning districts for non- residential developments and buildings fronting on arterial or collector roads as described by the transportation circulation element of the growth management plan, when located in the urban residential areas as indicated on the future land use map of the growth management plan, as provided below: Words gtrgzk thrm:gh are deleted, words underlined are added. 59 AGENDA NOV .7. § 2000 .. 2.8.2.5. Non-cotmnercial development: Non-commercial use applications are entitled to demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards of this section. Designs which are responsive to their context and proposed use and demonstrate a well considered .d. esign theme may request an administrative review of their alternative approach and design. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Architectural Design Standards Plan" and shall reference the requested deviations on the plan and shall submit a descriptive narrative which specifically identifies the LDC development standards required by this section which is/are being proposed to be addressed through their alternative approach. Supplemental submittal and narrative descriptions must be provided which supports the applicant's position. The Planning Services Director will administratively review submittal documents for consistency with the intent of this section and if the plan is approved through this provision, shall specifically note the approved deviations and the bases of their approval within the Site Development Plan approval letter. Deviations approved shall be applicable only to the specific design and plan reviewed. Modifications of an approved design shall void the administrative approval of the deviation and require resubmittal of the deviation request to Planning services staff for re-evaluation of the request in the context of the amended design and plan. SUBSECTION 3.G. AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2., Subdivisions, of Ordinance Development Code, is hereby amended to read as follows: '-- VISION 3.2. SUBDIVISIONS 91-102, as amended, the Collier County Sec. 3.2.7 Preliminary Subdivision plat. 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically iljustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during[ a PUD process, it shall be determined whether the streets are to be public or private. Sec. 3.2.8. 3.2.8.3.20 Improvement Plans Street lighting. Streettights shall be designed and installed utilizing the guidelines of the IES standards for each street intersection, at required intervals along each street not to exceed 400 feet and at the end of each cul-de-sac, and may be required at intervals along each street. Such lights may be required on interior streets, alleys, boundary streets, access paths, and the like. The standards for this street lighting are: (per IESNA RP-8-00) 1. A minimum of 1.4 foot-candles at the center of each internal proiect intersection is required. 2. A minimum of 1.4 foot-candles along internal roadways is recommended but not required. 3. . At the entry/exit of any subdivision on to a county collector or arterial street the following two standards shall apply. Words :m:ck t~m~g~ are deleted, words underlined are added. 6O Land a) At the points where the edges of pavement of the entrance road meet the Right-of-way line, the illumination level shall be 2.0 foot candles minimum. b) At the centerline of the entrance road at the Right-of-way line, the illumination level shall be 3.5 foot-candles minimum. All light levels shall be measured at approximately 4'above the pavement on a moonless night. Whenever, in the opinion of the site development review director, based on an engineefts determination, a dangerous condition is created by sharp curves, irregularities in street alignment, or other similar circumstances, additional lights may be required. Streetlights and mounting poles shall be wired for underground service. All conduits and casing to be placed under the roadway required for the lights must be installed during each construction phase prior to roadway subbase completion. Streetlights shall be designed and installed in either of two ways: Where streettights are to be installed on private streets, the developer, through an electrical engineer registered in the State of Florida, shall design and install the streel lighting system subject to the approval of the development services director. Upon completion of the streetlights, they shall be owned. operated and maintained by the property owners' association, a condominium association, cooperative association, or other similar entity, or the public utility furnishing the electric service. Where the streetlights are to be installed on public streets, the developer may elect to initiate a municipal services benefit or taking unit in coordination with the county transportation services division in order to provide street lighting. If the municipal services benefit or taxing unit is approved by the board of county commissioners, the transportation services director shall authorize the public utility to design, install, and maintain the street lighting system at no cost to the county's general fund. If no benefit or taxing unit is created for public streets, the provision of section 3.2.8.3.20.1 above shall govern the design, construction and maintenance of streetlights. 3.2.8.3.24. Utility casing& Subdivisions or developments providing water services shall install no less than three inch four-inch conduits to each alternate lot on the opposite side of the street from the main distribution line for each street prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, street lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed streets prior to the completion of the stabilized subgrade. SUBSECTION 3.H. AMENDMENTS TO SITE DEVELOPMENT PLANS DIVISION Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Sec. 3.3.3. Applicability Words ......t, :..ra~:g.. are deleted, words underlined are added. 61 All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing. structure(s) on a lot(s) of record except as otherwise provided at Section 2.6.27 (cjuster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where provisions of the Land Development Code requires a Site Alteration Permit, then the provision of this section become applicable. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by Section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by Section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. SUBSECTION 3,1. AMENDMENTS TO EXPLOSIVES DIVISION Division 3.4., Explosives, of Ordinance 91-102, as amended, the Collier County Land Development )de, is hereby amended to read as follows: DIVISION 3.4. EXPLOSIVES Sec. 3.4.5. 3.4.5.1.10. Permit application requirements and conditions. r~; ...... ~, ......... ~.~ ~,~r,;~ r: .... ,~ ~H ~:~.~.; ........ ;~ Blasting will not be permitted within 350 feet of existing Structures or structures under construction or within 350 feet of public roadways. Sec. 3.4.13. 3.4.13.5.1. Restrictions for the use and handling of explosives. 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 adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-8p letter or facsimile transmission 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. Words strack tSraug~ are deleted, words underlined are added. 62 The maximum allowable airblast, measured at the nearest building or structure not owned by the permittee, or when measured at a distance of 5,280 feet from the blast shall not exceed 129 decibels when measured by an instrument having a flat frequency response over a range of at least 6 to 200 hertz. If the airblast is measured with an instrument having a fiat frequency measure over a range of at least 2 to 200 hertz, the corresponding limit is 133 decibels. 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 four feet of depth, a minimum of four 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 :kall bc to confine the gaseous products of detonation. c) The "borehole" surrounding the blast tube shall be backfilled to ensure stability of the ground surface. d) All surface detonators shall be covered or buried. e) All charges shall be at (originally placed) proper depth prior to the detonation of multiple blast. f) Blasting will not be permitted within 350 feet of existing structures or structures under construction or within 350 feet of public roadways. SUBSECTION 3.J. AMENDMENTS TO EXCAVATION DIVISION Division 3.5., Excavation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.5. EXCAVATION Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.3.1. Maximum. Private and development excavations shall not exceed -14 20 feet in depth unless computations using the "fetch formula" of maximum depth +5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Sec. 3.5.8. Inspection and reporting requirements. 3.5.8.2.1. Status reports. The permittee shall provide the deve!,~pment :ev,'ice: a-.irectcr community development and environmental services administrator or designee with an excavation activities status report as follows: 1. Private excavations. A final status report within 30 days after the final completion of the excavation. Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final cr ann'aa! status report shall consist of no less than the following information, and such other information as may be deemed necessary by the · ~ .... ~ .......... :~ ,~: ...... community development and environmental Words :tr',:ck t~ra::gE are deleted, words underlined are added. 63 services administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: a. A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A baseline along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the development services director, cross sections shall be taken every 100 feet on excavations less than five acres, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angel cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of the division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the development services director, depending upon local site conditions. (2) On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computer surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) The !ozatien of el! exzavatzd materials gtockp'2ed on the (3) (.4-) Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles - Total cubic yards excavated during ..... A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this division and any special stipulations placed upon the excavation permit. Words str:.:zk thrzxg.k. are deleted. words underlined are added. 64 annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator or designee, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excavation permit: (1) An annual aerial photograph with a scale of no less than one-inch equals 200 feet. .(.2.l Depth of excavation soundings taken on a 300 feet grid. The property lines of the commercial excavation site shall be shown on the aerial photograph. At the completion of any lake or phase of the excavation permit, a sealed topographic map by the proiects' surveyor/engineer shall be submitted in conformance to the preceding[ section 3.5.8.2.1, paragraph 2-A-(I). SUBSECTION 3.K. AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION Division 3.9., Vegetation Removal, Protection And Preservation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION Sec. 3.9.6. Sec. 3.9.6.6.6. Review procedures. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new dwelling · ,:,':its principal or accessory structures and major additions to principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single- family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. SUBSECTION 3.L. AMENDMENTS TO SEA TURTLE PROTECTION DIVISION Division 3.10., Sea Turtle Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.10. SEA TURTLE PROTECTION Sec. 3.10.9. Permits and fees. 3.10.9.1. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his Words s::',.::k :,,rcug.. are deleted, words underlined are added. 65 NOV2 S 2000 3.10.9.2. designee. The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. Marino SUBSECTION 3.M. AMENDMENTS TO ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION DIVISION Division 3.11, Endangered, Threatened, Or Listed Species Protection, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 7ISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION Sec. 3.11.2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: a) Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; b) United States Fish and Wildlife service (USFWS) as endangered or threatened; and c) Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix I1, or Appendix III. Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division[s] 3.2, 3.3 and 3.9 of this code, and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered species, threatened species and species of special concern as prescribed by Goal 7 and associated objectives and policies, as amended, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the Planning Services_Department of the Community Development and Environmental Services Division, for the management of habitat and wildlife, including measures for protection and/or relocation of endangered and threatened species and. species of special concern. The_County shall consider and may utilize recommendations and letters of technical_assistance of the FFWCC, and recommendations and guidelines of the USFWS, in issuing development orders on property containing Words ......t. ,u .....k deleted, words underlined are added. ............. ~,,. are 66 3.11.3.2. endangered and threatened species and species of special concern. Such plans shall comply with current federal, state and local ordinances and policies. standards tc maintain cr improve the environmental conditions that are required c~. ,~ ...... ;"~ '"~ .... "being cf bald caglcz ~.a ..... . ..... . The USFWS South Florida Multi-Species Recovery Plan (May 1999, and as amended) shall be adopted as minimum guidelines or standards to preserve or improve the environmental conditions required for the protection and recovery of West Indian manatee (Trichechus manatus), Florida panther (Puma concolor coryi), Audubon's crested caracara (Polyboms plancus audubonii), Bald eagle (Haliaeetus leucocephalus), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius melodus), Wood stork (Myceteria americana), Roseate tern (Sterna dougalli dougalli), Red-cockaded woodpecker (Picoides borealis), American crocodile (Crocody]us acutus), Eastern indigo snake (Drymarchon corais couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelvs kempii), Leatherback sea turtle (Dermochelvs coriacea), and Loggerhead sea turtle (Caretta caretta). Until the adoption of federal guidelines for any of the above listed species, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.3. Until the adoption of State of Florida guidelines for the protection of all State listed species, as listed in "Florida's Endangered Species, Threatened Species and Species of Special Concern" authored by Florida Fish and Wildlife Conservation Commission, the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4 Gopher Tortoise (Gophorus polyphemus) All gopher tonoNes, their habitats and the associated comensals are hereby protected: ~a ;, is expressly vrohibited tc ~ ....... ~' hunt or section. It is expressly prohibited to take (harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct) any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. (2) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or maleat take one by any means, unless otherwise provided for in this section. (3) Provision is hereby made to allow personnel authorized by the Unltcd States Fish ~nd Wildlife Service, Florida Fish and Wildlife Conservation Commission and o_.LCollier County to house and relocate tortoises as necessary and provided for in this section. (4) When gopher tortoises are identified on it site, a protection/management plan or off site relocation plan shall be submitted to the Planning Services Department of the Community Development and Environmental Services Division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where Words str'.:ck t~rm:gh are deleted. words underlined are added. 67 NOV 29Z000 't gopher tortoise protection/management plans have not been previously approved by Collier County Planning Services Staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field verified by Planning Services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of reidcation if necessary; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8) identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in Section 3.9.5 (5) Suitable habitat shall be defined as having the following characteristics: 1) the presence of well drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site reidcation plans may be permitted to meet all or part of the on site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat canner 5e provi~e~d does not exist on site; or, b.) Where a property owner meets the minimum on site native vegetation_preservations requirements of this code with jurisdictional wetlands and thu, g does not provide appropriate habitat for gopher tortoises as described above; or, c.) Where a Rite is less than ten acres in ~:.zc and 5ase~ upc, n th~ above c) Where scientific data has been presented to :.n the e~in~on of the Community Development & Environmental Services Administrator or their designee, and an environmental professional opinion is rendered that the requirement to provide the required on site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site reidcation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. The State permit shall be obtained prior to any site improvements or gopher tortoise reidcation. Where appropriate, a combination of on site preservation and off site reidcation may be considered. (6) When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than 5 tortoises per acre will be considered a suitable density. (7) When identifying the native vegetation preservation requirement of Section 3.9.5. of this code for parcels containing gopher tortoises, priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10 of this code or if not platted, shall provide such Words str',~ck th."g:.:g.". are deleted, words underlined are added. 68 (8) (9) language on the approved site development plan. When a decision is made to allow off site relocation of gopher tortoises, it shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. Exemptions. Single family platted lots, 7.5 acres or less in size, shall be exempt from the requirements set forth in subsection 3.11.3.4 (4), when these lots are not a part of a previous development order which is required to comply with 3.11.3.4 (4). However, gopher tot::'tige,5 tortoises shall be protected pursuant to paragraphs I, amt 2 and 3 of this section. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. (Ord. No. 92-73, § 2) SUBSECTION 3.N. AMENDMENTS TO VEHICLE ON THE BEACH REGULATIONS DIVISION Division 3.14., Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS Sec. 3.14.3. Exceptions; permit. 3.14.3.4 Vehicle-on-the-beach permits issued in coniunction with special or annual beach events: Vehicles which are used in coniunction with functions on the beach, as permitted by an approved special event temporary use permit, or annual beach events permit, are exempt from the provisions of this division if a vehicle-on the- beach permit has been granted by the planning services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. 3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection; 3.14.3.4.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV's. Words ......~' t..ra::g.. are deleted, words underlined are added. 69 3.14.3.4.4. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.4.5. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature to use push carts or dollies or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.4.6. When not in use all vehicles shall be stored off the beachl 3.14.3.4.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession facilities: shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee. Vehicles which are used in conjunction with approved permitted beach concession activities may be used to set up concession equipment and may be used to remove the equipment from the beach and return it to the approved storage area, subject to the following conditions and limitations: 3.14.3.5.1. The types of vehicles permitted for this use max, include ATV's, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATV' s. 3.14.3.5.2. Said permit shall be prominent y displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. 3.14.3.5.4. Permits shall only be issued for ATV's when staff has determined that: 1) due to the distance and the excessive weight of the equipment to be moved that it would be prohibitive in nature !o use push cans or dollies or 2) that a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited area. 3.14.3.5.5. When not in use all vehicles shall be stored off the beach: 3.14.3.5.6. These vehicles may not be used for transportation of people or equipment throughout the day. 3.14.3.5.7. Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. 3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with permitted uses of commercial hotel property: Vehicles which are used in coniunction with tasks such as routine equipment set-up that cannot reasonably be accomplished without the use of such vehicle due to size, weight, volume and such, shall be exempt from the provisions of this division if a vehicle-on-the- beach permit has been granted by the planning services director or his designee, subiect to the following conditions and limitations: 3.14.3.6.1. Use of the vehicle shall be limited to one-time set up and one-time removal of equipment each day. 3.14.3.6.2. Said permit shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. 3.14.3.6.3. The types of vehicles permitted for this use may include ATV's, non-motorized handcarts or dollies. Words g:r'..:ck :krg~:gh are deleted. words underlined are added. 70 ITEM 2000 3.14.3.6.4. 3.14.3.6.5. 3.14.3.6.6. 3.14.3.6.7. Permits may be issued for ATV's only when staff has approved a limited, designated work area at the foot of the dune walkover for loading and unloadin~ and the ATV use is restricted to that limited area. All vehicles shall be equipped with large pneumatic tires inflated to no more than 10 PSI. When not in use all vehicles shah be stored off the beach~ Use of such vehicles on the beach shall be prohibited during sea turtle nesting season. SUBSECTION 3.0. AMENDMENTS TO DEFINITIONS DIVISION Division 6.3., Definitions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS SUBSECTION 3.P: AMENDMENTS TO APPENDICES SECTION Appendix B, Appendix B Typical Street Sections And Right-Of-Way Design Standards, is hereby amended by replacing the existing Appendix B Typical Street Sections And Right-Of- Way Design Standards iljustrations with revised Appendix B Typical Street Sections And Right- Of-Way Design Standards iljustrations attached hereto and incorporated herein by reference as Exhibit "B". SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Words s;r'.:ek t~re::g[ are deleted, words underlined are added. 71 NOV 2 9 nnnn SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ATTEST: TIMOTHY J. CONSTANTINE, CHAIRMAN DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney H:\ LDC CYCLE 2 - 2000\LDC ORD CYCLE 2 - 2000 Words atr'.'-ck t.,rm:g.. are deleted, words underlined are added. 72 NOV 2 9 2000 ,Ld_JO _.. EXHIBIT "B" (APPENDIX "B") Words ::r'-'-ck :hrc::~.~ are deleled. words underlined are added. 73 iRemove this Drawing from LDCB-4 COLLIER COUNTY LAND DEVELOPMENT CODE o o 8upp. No 8 LDCB :4 '~ ords ............e,. are deleted. words underlined are added. 74 NOV 2 9 2000 Replace LDCB-4 with this drawing. Words ,:::uc.: ,..:':ug,. are delete , words underlined are added. 75 NOV 2 g 2000 Remove this Drawing from LDCB-5 w APPENDIX B--TYPICAL STR~T SECTIONS z LDCM:5 ords s.ruc .....m~:g,, are deleted, words underlined are added. 76 lReplace LDCB-5 with this drawing. Words .~:r'ac5 '.hro::g.h are deleted, words underlined are added. 77 Remove this Drawing from LDCB.6 COLLIER COUNTY LAND DEVELOPMENT CODE o o o o Supp, No. $ LDCB:6 Words s!r'.:c.v. tkr0ugk are deleted, words underlined are added. 78 Replace LDCB-6 with this drawing. Words struck :hrzugh are deleted. words underlined are added. 79 Remove this Drawing from LDCB.7 APPENDIX B--TYPICAL STI~EET SECTIONS LDCB:7 Words s~.rac~ :..r.gug., are deleted, words underlined are added. 80 Replace LDCB-7 with this drawing. Words struzk ~hrcugk are deleted. words underlined are added. 81 A~._NOA IT NOV 2 9 2000 Remove this Drawing from LDCB-8 COLLIER COUNTY LAND DEVELOPMENT CODE uJ 95-~8, § 3, 11-1-95) · N~.8 LDCB:8 Words g:ruck '.hrvugh are deleted, words underlined are added. 82 NOV Replace LDCB-8 with this drawing. Words s:ruck :brough are deleted, words underlined are added. 83 NOV 2 ...9 2000