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Backup Documents 06/24/2014 Item # 9A 9q .0v.i.,,,, ,..., .,„ -1... 7 , .., COLLIER COUNTY FLORIDA • ?- REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r-,�co,,.. IIN To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) . i Originating Dept/Div: Operations and Regulatory Management Person:Caroline Cilek,Senior Planner Date: Tuesday,May 27, i 2014 Petition No.(If none,give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other: i Requested Hearing date:June 24,2014 Notice to run:Wednesday,June 11,2014 . Notice to run not later than: Friday,June 13,2014 Newspaper(s)to be used: (Complete only if important): f X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document),legal description,common , location&size): Please see attached legal ad. ' Please publish the following public notice with the map in your edition on Wednesday, June 11, 2014. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning =.. and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Companion petition(s), if any&proposed hearing date: N/A i Does Petition Fee include advertising cost?❑ Yes charged advertising g ❑ No If Yes,what account should be char ed for advertisin costs: i Department: Land Development Services,Zoning Review Section;Fund&Cost Center: 131-138909-634999;Purchase Order P Number: 4500146076; Account Number:068779 P.O.#4500146076 Reviewed by: ..42-"\- ii'' it'” ' i i r-. P --- S /Z.7k Divisio Administrator or Designee Date i g List Attachments: Legal Ad.Proposed Ordinance to be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: r ❑ County Manager agenda file: to ❑Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE 0 LY• r,, i Date Received: Date of Public hearing: le Pm.' 19 Date Advertised: `��I t/( 1 i I 94gi May 27, 2014 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice with the map in your edition on Wednesday, June 11, 2014. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER 94 . RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT- PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C- 4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 9A 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tom Henning, Chairman 9A �-pQK �Srj i LL I ¢ KU 3 N a_ ps: � 0, W... Lk / ei , N\ ; ^ g8 b ��1!/ \ •3• a 'oa DNI11(d-1aodaiv r7 'E ItY (le'a'3) r 3AIaO a 0 i [Or.-0 ebOHSAVB 1 N a7 J J i- z R yy ', s r.V-1—i-rHIn D? a 1� U. y Oa >41011d 0,= o W o -311310000 >. n u m i i Q - -.2 i it 9A Teresa L. Cannon From: Cilek, Caroline Sent: Tuesday, May 27, 2014 11:24 AM To: Minutes and Records Cc: Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia;Wells, Laura; NawrockiStefanie Subject: Legal Ad request for CCPC on 051914 w/run date 061114 Attachments: Legal Ad Request for BCC 062414 to run 061114.pdf; LDC Amendments- BCC Legal Ad Draft 052714 FINAL.docx; GATEWAY-MXD-2X3 AD Map FINAL.pdf Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Caroline Caroline Cilek,AICP,CFM Senior Planner Collier County Growth Management Division Phone: 239-252-2485 carolinecilek@colliergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 9A Teresa L. Cannon From: Minutes and Records To: Cilek, Caroline Subject: RE: Legal Ad request for CCPC on 051914 w/ run date 061114 I will send you the proof as soon as I get it.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Cilek, Caroline Sent: Tuesday, May 27, 2014 11:24 AM To: Minutes and Records Cc: Ashton, Heidi; Rodriguez, Wanda; Neet, Virginia; Wells, Laura; NawrockiStefanie Subject: Legal Ad request for CCPC on 051914 w/ run date 061114 Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Caroline Caroline Cilek,AICP,CFM Senior Planner Collier County Growth Management Division Phone: 239-252-2485 carolinecilek@colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 9A Acct. #068779 May 27, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: LDC Amendments - Display Notice (w/Map) Dear Legals: Please advertise the above referenced notice on Wednesday, June 11, 2014. Please send the Affidavit of Publication in Triplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500146076 9 A NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; 9A CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT- PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C- 4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite #401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 9 A .4 , I , ; lion z0 i0 °! � 4 GOODLETTE- o RI . c o y 0 FRANK RD. H . 1� m ? g (C.R.B 1) Z. ^ a H i dY BAYSHORE < �� 4 i2 5 4 (C.R.31) AIRPORT-PULLING RD. =�W p: o _...:8889 �/ rynN, �5 C §"" _ 1 ~ V Mg NI s•82mn N > 2 L vg O 93 q g6 P9A Teresa L. Cannon To: Naples Daily News Legals Subject: LDC Amendments - Display AD Attachments: LDC Amendments 6-24-14.doc; LDC Amendments- BCC Legal Ad Draft 052714 FINAL.doc; GATEWAY-MXD-2X3 AD Map FINAL.pdf Legals, Please advertise the attached Display AD w/Map on Wednesday,June 11,2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon 9 A From: Rodriguez, Wanda Sent: Wednesday, May 28, 2014 2:44 PM To: Minutes and Records Cc: Neet, Virginia Subject: FW: Legal Ad request for**BCC on 062414**w/ run date 061114 Attachments: LDC Amendments- BCC Legal Ad Draft 052714 FINAL.docx Importance: High From: RodriguezWanda Sent: Wednesday, May 28, 2014 2:40 PM To: CilekCaroline; NeetVirginia Cc: AshtonHeidi Subject: RE: Legal Ad request for **BCC on 062414** w/ run date 061114 Importance: High Caroline and Dinny, Per Heidi, the pink highlighted sections should be removed from the pending BCC advertisement. Wanda Rodriguez, ACT Advanced Certified TaraCegal Office of the County attorney (239)252-8400 From: CilekCaroline Sent: Wednesday, May 28, 2014 2:36 PM To: RodriguezWanda Cc: AshtonHeidi; NeetVirginia Subject: RE: Legal Ad request for **BCC on 062414** w/ run date 061114 Hi Wanda, You are correct-these were not heard by the CCPC. I mentioned that we were "over advertising" at one of our earlier meetings but left them in for consistency with the CCPC ad. We can certainly take them out of the ad and they should not be included in the ordinance header. Thanks! Caroline Cilek,AICP, CFM Senior Planner Collier County Growth Management Division Phone: 239-252-2485 1 carolinecilek @colliergov.net 9 A From: RodriguezWanda Sent: Wednesday, May 28, 2014 2:28 PM To: CilekCaroline Cc: AshtonHeidi; NeetVirginia Subject: RE: Legal Ad request for **BCC on 062414** w/ run date 061114 Caroline, Please confirm whether the pink highlighted sections in the attached should still be part of the BCC ad, and the ordinance I'm working on. Per Heidi's notes I don't see that either of these were heard by the CCPC on May 19th. Thanks, Wanda Rodriguez, ACT Advanced Certified TaraCegaf Office of the County Attorney (239)252-8400 From: RodriguezWanda Sent: Tuesday, May 27, 2014 11:47 AM To: NeetVirginia Cc: AshtonHeidi; CilekCaroline Subject: re: Legal Ad request for **BCC on 062414** w/ run date 061114 Dinny, Caroline's original subject line was incorrect, this is actually a BCC ad request. I have previously reviewed the title and map and they are correct. The timing of the ad conforms to the timeline specified in the attached email from Heidi, and fulfills statutory requirements. Let me know if you need anything further. Wanda Rodriguez, ACT Advanced Certified ParaCega[ Office of the County Attorney (239)252-8400 From: CilekCaroline Sent: Tuesday, May 27, 2014 11:24 AM To: Minutes and Records Cc: AshtonHeidi; RodriguezWanda; NeetVirginia; WellsLaura; NawrockiStefanie Subject: Legal Ad request for CCPC on 051914 w/ run date 061114 Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks! Caroline 2 9A May 27, 2014 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice with the map in your edition on Wednesday, June 11, 2014. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING , SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, , SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER 9A RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT- PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C- 4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 9A ' 4 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, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Tom Henning, Chairman 9A Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, May 28, 2014 4:11 PM To: 'Flora, Susan' Subject: RE: LDC Amendments - Display AD Attachments: LDC Amendments- BCC Legal Ad Draft 052714 FINAL.doc I have attached the revised copy, the same map is to be used. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Flora, Susan [mailto:susan.flora @naplesnews.com] Sent: Wednesday, May 28, 2014 4:07 PM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD Please send me the corrections now. Thanks, Susan Flora From: Teresa L. Cannon [mailto:Teresa.CannonCacollierclerk.com] Sent: Wednesday, May 28, 2014 3:48 PM To: Legals NDN; Polidora, Carol Subject: FW: LDC Amendments - Display AD I have a couple corrections to this ad. Would you like them now or should I wait until I get the proof.They are minor, just removing two lines. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Teresa L. Cannon Sent: Tuesday, May 27, 2014 12:24 PM To: Naples Daily News Legals Subject: LDC Amendments - Display AD Legals, Please advertise the attached Display AD w/Map on Wednesday,June 11, 2014.Thanks 1 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department A 239-252-8411 239-252-8408 fax Teresa.Cannon@colliercierk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Y be Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing hel desk collierclerk.com uotin the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any transmission or use of emails and attachments having left the CollierClerk.com domain. q g Y Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. • 2 9A NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; 9A CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT- PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C- 4-GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite #401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 9A Teresa L. Cannon From: Flora, Susan <susan.flora @naplesnews.com> Sent: Thursday, May 29, 2014 10:48 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD Attachments: NDN231148055 BCC Zoning Proof 06.11.14.pdf Please see the attached proof and provide approval ASAP for publication on 06.11.14. Thank you, Susan Flora Susan Flora General Sales Support Assistant Naples Daily News 1100 Immokalee Road Naples, FL 34110 0:(239)435-3428 I F:(239)325-1251 susan.flora(u)naplesnews.com naplesnews.com ndnadvertising.com Putting Your World In Your Hands Call or click today to activate! (239) 213-6000 or naplesnews.com/subscribe From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, May 27, 2014 12:24 PM To: Legals NDN Subject: LDC Amendments - Display AD Legals, Please advertise the attached Display AD w/Map on Wednesday,June 11, 2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent.If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 9A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,June 24,2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112,the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS,SECTION 2.03.07 OVERLAY ZONING DISTRICTS;CHAPTER THREE-RESOURCE PROTECTION,INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION,SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FOUR- SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,SECTION 4.06.02 BUFFER REQUIREMENTS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,EXCLUDING SOUND WALLS,SECTION 5.03.03 GUESTHOUSES,SECTION 5.03.05 CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS,SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS,SECTION 5.06.06 PROHIBITED SIGNS,SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS,BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER 9-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES;CHAPTER TEN- APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE,SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS,MORE SPECIFICALLY AMENDING THE FOLLOWING:ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD(SR-84)FROM AIRPORT-PULLING ROAD (CR-31)WEST TO THE NAPLES CITY LIMIT,FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD(GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT-MIXED USE SUBDISTRICT);SECTION FIVE,CONFLICT AND SEVERABILITY;SECTION SIX,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN,EFFECTIVE DATE. o LIEBIG ■RADIO RD. w O , (C.R.856) 0 z /•��` WESTVIEW REGENCY PLAZA 8 U AUTOHAUS 3 C!a' NAPLES AIRPORT SUMMER WOOD Properties to be rezoned 2 MERIDIAN AIRPORT 1 to Gateway Triongle Mixed VILLAGE PLAZA I Use Overlay District- SAARMY LVATION SPRINGWOOD ., Mixed Use Subdistrict BROOKSIDE �� NINTER FOXFIRE PARK -11_2, NORTH DAVIS BLVD S.R.BLVD CI• •F rq4 KE LER �O I WINTER R PARK q ENTRY m z DE OE PONPAC NA ES �GS��. LEVEL U? / GALLMAN 'sr,,,N —er ■ESTATE 10 7 T 1 11 O 12 MILLER SQUARE L, COLLIER COUNTY _ L 1_i < GOVT.COMPLEX (ORO //. 'WINDS AR ¢� COURTHOUSE / ' 7 m 1�. SHADOWS All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Building F,Fourth Floor,Suite#401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of the proceedings, and for such purpose he 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. 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,at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356,(239)252- 8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County,Florida TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK Teresa Cannon,Deputy Clerk (SEAL) No.231148055 June 11.2014 Teresa L. Cannon To: RodriguezWanda (WandaRodriguez @colliergov.net); Cilek, Caroline Subject: FW: LDC Amendments - Display AD Attachments: NDN231148055 BCC Zoning Proof 06.11.14.pdf Please review and ok asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Flora, Susan [mailto:susanflora @naolesnews.com] Sent: Thursday, May 29, 2014 10:48 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD Please see the attached proof and provide approval ASAP for publication on 06.11.14. Thank you, Susan Flora Susan Flora General Sales Support Assistant Naples Daily News 1100 Immokalee Road Naples,FL 34110 0:(239)435-3428 F:(239)325-1251 susan.flora(nnaplesnews.com I naplesnews.com ndnadvertising.com Putting Your World In Your Hands Call or click today to activate! (239)213-6000 or naplesnews.com/subscribe From: Teresa L. Cannon [mailto:Teresa.Cannoncollierclerk.com] Sent: Tuesday, May 27, 2014 12:24 PM To: Legals NDN Subject: LDC Amendments - Display AD Legals, Please advertise the attached Display AD w/Map on Wednesday,June 11,2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 9A Teresa L. Cannon To: Flora, Susan Subject: RE: LDC Amendments - Display AD Attachments: LDC Amendments- BCC Legal Ad Draft 052714 FINAL.doc Revised Copy-Ad #231148055 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Flora, Susan [mailto:susan.flora @naplesnews.com] Sent: Friday, May 30, 2014 8:23 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD I just got your e-mail this morning. Please send me the corrected version. Thank you, Susan Flora From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Thursday, May 29, 2014 2:15 PM To: Flora, Susan Subject: FW: LDC Amendments - Display AD Importance: High The County attorney had a couple changes to this ad. Is this ok or do you need me to redo the ad w/the corrections? Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Rodriguez, Wanda Sent: Thursday, May 29, 2014 1:10 PM To: Teresa L. Cannon Cc: Cilek, Caroline; Neet, Virginia; Ashton, Heidi Subject: RE: LDC Amendments - Display AD Importance: High Teresa, A few (hopefully final) changes are needed to the ad title as highlighted below: 1 9A NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, June 24, 2014, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE — RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; 9A CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT- PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C- 4-GTMUD-MXD AND C-S-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT — MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE. [insert map] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Building F, Fourth Floor, Suite #401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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, at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 9A Teresa L. Cannon To: RodriguezWanda (WandaRodriguez @colliergov.net) Subject: FW: LDC Amendments - Display AD Attachments: NDN231148055 BCC Zoning Revised Proof 06.11.14.pdf Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Flora, Susan [mailto:susanflora @naplesnews.com] Sent: Friday, May 30, 2014 10:06 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD An attachment would be helpful. Thanks, Susan From: Flora, Susan Sent: Friday, May 30, 2014 10:05 AM To: 'Teresa L. Cannon' Subject: RE: LDC Amendments - Display AD Attached is the proof of the revised ad. Please provide approval ASAP for publication on 06.11.14. Thank you, Susan Flora From: Teresa L. Cannon [mailto:Teresa.Cannonncollierclerk.com] Sent: Friday, May 30, 2014 8:28 AM To: Flora, Susan Subject: RE: LDC Amendments - Display AD Revised Copy-Ad#231148055 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 9A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,June 24,2014,in the Board of County Commissioners Meeting Room,3r° Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER ONE-GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS,SECTION 2.03.07 OVERLAY ZONING DISTRICTS;CHAPTER THREE-RESOURCE PROTECTION,INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS,SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,SECTION 4.06.02 BUFFER REQUIREMENTS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,EXCLUDING SOUND WALLS,SECTION 5.03.03 GUESTHOUSES,SECTION 5.03.05 CARETAKER RESIDENCES,5.04.04 MODEL HOME AND MODEL SALES CENTERS,SECTION 5.04.05 TEMPORARY EVENTS,SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS,SECTION 5.06.06 PROHIBITED SIGNS,SECTION 5.06.09 NONCONFORMING SIGNS;CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES;CHAPTER TEN-APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE,SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING:ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD(SR-84)FROM AIRPORT-PULLING ROAD(CR-31)WEST TO THE NAPLES CITY LIMIT,FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD(GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT-MIXED USE SUBDISTRICT);SECTION FIVE,CONFLICT AND SEVERABILITY;SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN,EFFECTIVE DATE. •a , LIEBIG ■RADIO RD. wK � 111; (C.R.656) y m Q ��` WESTVIEW 1. 8 1¢ K / REGENCY PLAZA 8u. O lik 3 0u. NAPLES AIRPORT AUTOHAUS SUMMERWOOD Properties to be rezoned 2 MERIDIAN 1 AIRPORT 1 to Gateway Triangle Mixed I VILLAGE PLAZA Use Overlay District— P SALVATION SPRINGW000 ARMY " PMKR Mixed Use Subdistrict BROOKSIDE ` FOXFIRE e JE �\ NORTH DAVIS BLVD r_77 (S.R.041 —1 R9 •F --- T'9' KELLER Z WINTER PARK rT q,' ENTRY •^ DE OE PONGAC ES /(i T LEVEL dE GALLMAN qq� U[ —... Svl'9� .,4 /ESTATE 10 -r-7-� 11 O 12 MILLER — SQUARE a COLLIER COUNTY 1.1 O Q —GOVT.COMPLEX I (DRI) I ' I /J /_ WINDS A=' '0 'I` SHADOWS SE All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section,Growth Management Division,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Building F,Fourth Floor,Suite#401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of the proceedings, and for such purpose he 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. 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,at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356,(239)252- 8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County,Florida TOM HENNING,CHAIRMAN DWIGHT E.BROCK,CLERK Teresa Cannon,Deputy Clerk (SEAL) No.231148055 June 11.2014 9A Teresa L. Cannon From: Rodriguez, Wanda Sent: Friday, May 30, 2014 10:19 AM To: Teresa L. Cannon Cc: Cilek, Caroline; Neet, Virginia; Ashton, Heidi Subject: re: LDC Amendments - Display AD Attachments: NDN231148055 BCC Zoning Revised Proof 06.11.14.pdf The ad proof looks good! Thanks, Wanda Rodriguez, MCP .Advanced Certified Paralegal Office of the County.Attorney (239) 252-8400 From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, May 30, 2014 10:11 AM To: RodriguezWanda Subject: FW: LDC Amendments - Display AD Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Flora, Susan [mailto:susan.flora(anaplesnews.com] Sent: Friday, May 30, 2014 10:06 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD An attachment would be helpful. Thanks, Susan From: Flora, Susan Sent: Friday, May 30, 2014 10:05 AM To: 'Teresa L. Cannon' Subject: RE: LDC Amendments - Display AD Attached is the proof of the revised ad. Please provide approval ASAP for publication on 06.11.14. 9A Teresa L. Cannon To: Flora, Susan Subject: RE: LDC Amendments - Display AD Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon®col Iierclerk.com From: Flora, Susan [mailto:susan.flora @naplesnews.com] Sent: Friday, May 30, 2014 10:06 AM To: Teresa L. Cannon Subject: RE: LDC Amendments - Display AD An attachment would be helpful. Thanks, Susan From: Flora, Susan Sent: Friday, May 30, 2014 10:05 AM To: 'Teresa L. Cannon' Subject: RE: LDC Amendments - Display AD Attached is the proof of the revised ad. Please provide approval ASAP for publication on 06.11.14. Thank you, Susan Flora From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, May 30, 2014 8:28 AM To: Flora, Susan Subject: RE: LDC Amendments - Display AD Revised Copy-Ad #231148055 Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER C, A LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,June 24,2014,in the Board of County Commissioners Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER ONE-GENERAL PROVISIONS,INCLUDING SECTION 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE-RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS,SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS,SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,SECTION 4.06.02 BUFFER REQUIREMENTS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND WALLS,EXCLUDING SOUND WALLS,SECTION 5.03.03 GUESTHOUSES,SECTION 5.03.05 CARETAKER RESIDENCES,5.04.04 MODEL HOME AND MODEL SALES CENTERS,SECTION 5.04.05 TEMPORARY EVENTS,SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS,SECTION 5.06.06 PROHIBITED SIGNS,SECTION 5.06.09 NONCONFORMING SIGNS;CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE -VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES;CHAPTER TEN-APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE,SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING:ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD(SR-84)FROM AIRPORT-PULLING ROAD(CR-31)WEST TO THE NAPLES CITY LIMIT,FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD(GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT-MIXED USE SUBDISTRICT);SECTION FIVE,CONFLICT AND SEVERABILITY;SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN,EFFECTIVE DATE. LIEBIG RADIO RD. kc (C.RB56)Y Q i � ��(nO8EW PLAZA <4 REGENCY 3 LL v NAPLES AIRPORT `1\ AUTOHAUS SUMMERWOOD Properties to be rezoned 2 MERIDIAN di `\\AIRPORT 1 to Gateway Triangle Mixed VILLAGE PLAZA Use Overlay District— SALVATION SPRINGWOOD ARMY Mixed Use Subdistrict BROOKSIDE L [LATER FOxFIRE PARK _INCA-_ ,_ - NORTH /�` DAVIS BLVD, I7 ,, (S.R.84) i / I crd Mill CI •F q47 KELLER =0 WINTER PARK �q,� ENTRY ^? DEVOE PONTIAC NA' ES GS LEVEL / CALLMAN '',;91/( .g. / ESTATE 10 ' 11 O 12 MILLER _ SQUARE ' CY_ COLLIER COUNTY 0 x GOV(DRI)COMPLEX j DRI) ' I II WINDS AR m 0 'L COURTHOUSE 46 SHADOWS All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Building F,Fourth Floor,Suite#401,Collier County Government Center, East Naples,one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. 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,at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356,(239)252- 8380, at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida TOM HENNING,CHAIRMAN DWIGHT E. BROCK,CLERK Teresa Cannon, Deputy Clerk (SEAL) No.231148055 June 11,2014 , . ' 9A t I NOTICE OF INTENT TO CONSIDER LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday,June 24,2014,in the Board of County Commissioners Meeting Room,3'd NAPLES DAILY NEWS Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples,Florida 34112,the Collier Published Daily County Board of County Commissioners will consider amendments to the Collier County Land Development Code.The meeting will commence at 9:00 A.M.The title of the proposed ordinance is as follows: Naples,FL 34110 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE,WHICH INCLUDES THE COMPREHENSIVE LAND Affidavit of Public ati I RECITALS;SECTION I TWO,FINDINGS OF FACT;SECTION THREE,ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT +�] DE,MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE-GENERAL PROVISIONS,INCLUDING SECTION State U�p V Of Florida F1 1l� 1.08.02 DEFINITIONS;CHAPTER TWO-ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS,SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS,SECTION 2.03.07 OVERLAY ZONING DISTRICTS;CHAPTER Counties of Collier and Lee THREE-RESOURCE PROTECTION,INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS;CHAPTER FOUR-SITE DESIGN AND DEVELOPMENT STANDARDS,INCLUDING SECTION 4.01.02 KITCHENS IN DWELLING UNITS,SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING Before the undersigned they serve as t DISTRICTS,SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES,SECTION 4.02.16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA,SECTION appeared Robin Calabrese,who on oat 4.06.02 BUFFER REQUIREMENTS;CHAPTER FIVE-SUPPLEMENTAL STANDARDS,INCLUDING SECTION 5.03.02 FENCES AND Advertisin Director of the Na les Dail WALLS,EXCLUDING SOUND WALLS,SECTION 5.03.03 GUESTHOUSES,SECTION 5.03.05 CARETAKER RESIDENCES,5.04.04 g Y MODEL HOME AND MODEL SALES CENTERS,SECTION 5.04.05 TEMPORARY EVENTS,SECTION 5.06.00 SIGN REGULATIONS newspaper published at Naples, in Col AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS,SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS,SECTION distributed in Collier and Lee counties 5.06.05 EXEMPTIONS FROM THESE REGULATIONS,SECTION 5.06.06 PROHIBITED SIGNS,SECTION 5.06.09 NONCONFORMING SIGNS;CHAPTER SIX-INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS,INCLUDING j attached copy of the advertising,being SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS;CHAPTER NINE-VARIATIONS FROM CODE REQUIREMENTS,INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES;CHAPTER TEN-APPLICATION,REVIEW,AND DECISION-MAKING PROCEDURES,INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL PUBLIC NOTICE ZONING ATLAS, SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE,SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS;SECTION FOUR,ADOPTION OF AMENDMENTS TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING:ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH in the matter of PUBLIC NOTICE SIDE OF DAVIS BOULEVARD(SR-84)FROM AIRPORT-PULLING ROAD(CR-31)WEST TO THE NAPLES CITY LIMIT,FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4-GTMUD-MXD AND C-5-GTMUD-MXD(GATEWAY TRIANGLE was published in said newspaper 1 tim MIXED USE OVERLAY DISTRICT-MIXED USE SUBDISTRICT);SECTION FIVE,CONFLICT AND SEVERABILITY;SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SEVEN,EFFECTIVE DATE. on June 11, 2014. W¢w� ) ,� UEBIG I RADIO RD. //// (C.R.856) Affiant further says that the said Na. _ ° ----PLAZA / ti doe-70,-44„141 REGENCY PLAZA • published at Naples, in said Collier C• 31! NAPLES AIRPORT \ AUTOHAUS SUMMER WOOD Properties to be rezoned newspaper has heretofore been contin to Gateway Triangle Mixed 2 V LIAGE AIRPORT PLAZA Use Overlay District— SALVATION SPRINGWOOD County Florida; distributed in Collier Mixed Use Subdistrict ARMY ; BROOKSIDE WINTER each day and has been entered as seco JW� PARK FOXFIRE— NORTH DAVIS BLVD ° �\ II \I office in Naples, in said Collier Count Cl •F I�� T9�q(S R 84) I ENTRY ER g.2 DE OE PONTIAC WINTER PARK NA- ES 11-11 F(.yv LEVEL ¢ year next preceding the first publicati ° ° s,;/,� �G s12 advertisement; and affiant further say- 10 "SQUARE 2 I 2 COLLIER COUNTY promised any person, firm or corporat _ < GOV(DR COMPLEX , non 7/� r commission or refund for the purpose "ND5"R m 0 f • S°A;o„�sE All interested parties are invited to appear and be heard.Copies of the proposed amendments are available for publication in the s�• newspaper. 1� public inspection in the Zoning and Land Development Review Section,Growth Management Division,2800 •N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday. �� Furthermore,materials will be made available for inspection at the Collier County Clerk's Office,Building F,Fourth _ Floor,Suite#401,Collier County Government Center,East Naples,one week prior to the scheduled hearing. (Signature of affiant) If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of the proceedings, and for such purpose he 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. Sw to and ubs I rib:d before me 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 T r 16th day o J 1 e 2114 Facilities Management Department,at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356,(239)252- 8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available - in the Board of County Commissioner's Office. ,/ ` 4 i1 _ TOM HENNING,CHAIRMAN Collier County Board of County Commissioners Collier County,Florida �+ '� DWIGHT E.BROCK,CLERK (Signature of notary public) Teresa Cannon,Deputy Clerk (SEAL) No.231148055 June 11.2014 =4t „ CAROL POLIDORA =.: i i ,. MY COMMISSION#EE 851758 •.��r EXPIRES:November 28,2014 1,p, ;Ze Bonded Thru Pichard Insurance Agency Public 1 9 A CiOel' County Growth Management Division 2014 Land Development Code Amendment Cycle 1 - Level 1 Amendments Collier County Board of County Commissioners Tuesday, June 24, 2014 I Collier County Board of County Commissioners I 9 A Tuesday,June 24, 2014 Agenda for 2014 Land Development Code (LDC)Cycle 1—Level 1 review LDC Amendment Description Summary Section(s) Sheet Page Amendments which seek to correct or clarify scrivener's errors: 2.03.03 Commercial Zoning Districts, etc. 2 4.06.02 Buffer Requirements 5.03.05 Caretaker Residences 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 6 4.06.02 Buffer Requirements 7 5.03.02 Fences and Walls, Excluding Sound Walls 7 5.04.04 Model Homes and Model Sales Centers 7 10.02.08 I. Requirements for Amendments to the Official Zoning Atlas 11 10.03.05 Required Methods of Providing Public Notice 12 10.03.06 Public Notice and Required Hearings for Land Use Petitions Amendments which seek to codify staff clarifications and update the Zoning Atlas: 1.08.02 Definitions"Guesthouses" 1 4.01.02 Kitchens in Dwellings Units 5.03.03 Guesthouses 1.08.02 Definitions"Lot,corner" 1 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.02.03 Specific Standards for Location of Accessory Buildings And Structures 5.03.02 Fences and Walls, Excluding Sound Walls 9.03.03 Types of Nonconformities 5.04.05 Temporary Events—Fireworks 9 10.02.13 E. PUD Procedures 11 Zoning Map GTMUD_MXD-Zoning Map Number 0502S—Bayshore Gateway CRA 12 #0502S Amendments which seek to codify common PUD deviation requests for signage and improve procedures within the LDC. 5.06.00 Sign Regulations and Standards by Land Use Classification 9-10 5.06.02 Development Standards for Signs within Residential Districts 5.06.04 Development Standards for Signs in Nonresidential Districts 5.06.05 Exemptions from These Regulations 5.06.06 Prohibited Signs 5.06.09 Nonconforming Signs 2.03.07 Overlay Districts 3 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 4 3.05.05 Criteria for Removal of Protected Vegetation 3.05.07 C. Preservation Standards 5 10.02.13 D. PUD Procedures 11 6.06.02 Sidewalks, Bike Lane and Pathway Requirements 11 Page 1 of 2 6/16/2014 Collier County Board of County Commissioners Tuesday,June 24,2014 9 A Agenda for 2014 Land Development Code(LDC)Cycle 1—Level 1 review 1 Amendments which seek to add uses to zoning district categories, provide flexibility in design standards for areas within the Bayshore Gateway Triangle CRA,and amend the temporary use special events section: 2.03.03 A. Commercial Zoning Districts—Adding Conditional Uses to C-1 through C-5 2 2.03.03 B. Commercial Zoning Districts—Utilizing existing buildings 2 2.03.03 C. Commercial Zoning Districts —Adding Uses 3 2.03.04 Industrial Zoning District 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle 6 Redevelopment Area 5.04.05 Temporary Events—Open Air Markets 7-8 sNligoe C Page 2 of 2 6/16/2014 94j1 ON a) C Q C .6, O i- of YO c N Ct0 = c-I c 4- CU m L a) ( O .0 O N a C +' U ro c 0 a) Q1 >CU Y L CU o o } o U c c o aj `° E C ,n _c ,n CD L N `= +p+ U C CC Fo- -. > v c`) 0 Y D • N a) vi C LA °) O O U E ▪ Tr Q rro COU 13 cc N Q EO 'C C ,n U Vaf 41 , f -9 E r-i a E c a v' o O O O_ a) c J O • U a) a) L 000 _Lo c 0 o 0 0 U :2 U V v O O 0 +- 4C c a+ o 0 i C a, 0 'a a) CO o = c c" c u y E N a) co 0 i +-,C Q O E N >, a) E > 0 E + a) 03 ul u L a) E o c H u Q E Y a) c 'O a) V O_ a) cu C t- 'in -c 4J L D > Q: L i "O C y _ o C F- UO _o Q ,Oi, OU Y Q .c E .0 • • • Q Y Q Y a) C CU J , i o Y ,,n a, 0 0 'd' t O o VI D �' °- N N Y U a) a) a; (Y0 rL0 '/ Lc c 0 c 0 c a) .- ro oA v N >. c a) Y C 4- y = C L E U -O n p 0 0 Y cts CD 4 'z (13 :17, C U U v) E a0i 4.- tiow o w v CO E N v c o O Q ro N 00 4 o v) •7, v 4> _0 E E -0 aci -0 N O O ti a) :- 3 Up c O E a U a) -0 .Q J bD U 0 O L a • • O ra C C ro •• v7 ,n N —a 0 Q 3 r6 N J w vj C H CU J 4- N c U c i-' ,n - o C C 7 "O C raj C O r N O C O N N O a 00 O -0 N O N U +' D C L Y ,n O C a) L N U L .� U " Y vi o v D o a E v) v CO .. ac) r^ T CU E a Y C7 a CI CI -0m vii -0 o w 40 I- o O i C N N cm i- C N ,-1 i' +N-. m L• O W N - CO C N J C 0 0 0 0 = 0 C O O O O L O •� ,� v 0 _j 0 0 n••ba a=+ +' Co ,--I a1 M .bO 4 00 N C Y N C a) c M M C r+ 'L 0 0 0 3 0 'L 3 w O O y L O Y V O X O p O < H ,-i 4 O Lri O < H r-i Ti- N D O v rn < v) ui w of Z Lo 941 N 0 %-1 s- O U1 N cc C v; a) C d C -i C O n O O 0_ U 'O N U (T6 Q v CYO Y U E `� O E a) Y Y C as O O O o2 a. o a) QU y Q o C Q. 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Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cyclp 1 LDC SECTION(S): 1.08.02 Definitions 4.01.02 Kitchens in Dwelling Units 5.03.03 Guesthouses CHANGE: To codify a portion of a 2004 Staff Clarification that establishes guidelines for County staff to determine if a structure or building addition meets the LDC definition of a guesthouse in order to perform a building plan review for zoning and impact fee purposes. The information most valuable to a reviewer in the Staff Clarification is the criteria to determine a kitchen. The Staff Clarification describes a kitchen as having: • An area designated on the plans submitted with the building permit application as a kitchen or a food preparation area; or if there is no separately designated kitchen or food preparation area,there is: • An apparent food preparation area(regardless of designated) having: o A range, or o A sink and countertop which is not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or • An unexplained 220-volt electrical outlet in the structure that could be use for a major kitchen appliance such as a range. It is proposed that these standards are included in LDC section 4.01.02 Kitchens in Dwelling and that the term"Guesthouses" is included in the title of section 4.01.02. The proposed language removes several clauses contained within the Staff Clarification, for example the proposed amendment does not retain the provision regarding countertop in a bathroom or washroom as this would be repetitious of the requirement for the plans to identify all rooms. Additionally, the language regarding a separate electrical meter is also not included as it is not common practice to include a separate electrical meter on guest homes which are designed generally for temporary use by family members. Following the Planning Commission's recommendation, the proposed amendment removes the 6 foot threshold for countertop space, not used for a bathroom or washroom. This will change how building plans have been reviewed since 2004. This standard was identified in Building Blocks A-127 (a form of policy interpretation) regarding guest houses vs. guest suite or guest quarters. Building Block A-127 also enumerates the information shared in the 2004 Staff Clarification. The Staff Clarification and the Building Block A-127 are attached for reference. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 De.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 061314 CCPC Amended.docx 6/13/2014 12:58:08 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be dcleted. Bold text indicates a defined term Importantly, the Staff Clarification outlines the criteria for an "apparent food preparation," area and the criteria have been utilized by County review staff to also identify a kitchen. This is done in order to be consistent in building plan review by the zoning department. It is important to note that that the definitions provided in LDC section 1.08.02 for kitchens do not provide guidance on what features are included in a kitchen. The current definitions are as follows: Kitchen,primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, secondary: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. Further, it is proposed that the definition of a "wet bar" is included in the LDC in order to be consistent with review practices. It is also proposed that there will be nothing within LDC section 4.01.02 that will prohibit a wet bar within a dwelling unit. REASON: Currently, County staff reviews and approves building permits based on the guidelines established in the 2004 Staff Clarification and Building Block A-127. This has been the current practice for an extended period of time. In order to clarify that these standards are applicable to home owners and developers, it is proposed that select provisions are included in the LDC. If the proposed changes are approved, the Staff Clarification would no longer be needed. The addition of "wet bar" to the definition section will limit the discrepancies in identifying a wet bar versus a kitchen or food preparation area during building plan review. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: • To remove the 6 foot counter limitation for a wet bar. • Address whether the secondary kitchen can be considered the outdoor kitchen area. DSAC RECOMMENDATIONS: • Supports DSAC-LDR Subcommittee recommendations CCPC RECOMMENDATIONS: • To remove the reference to a 6 foot countertop within the wet bar definition and the criteria for a kitchen in LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 13, 2014, May 5, 2014, May 27, 2014, June 8, 2014 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Des.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 061314 CCPC Amended.docx 6/13/2014 12:58:08 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Amend the LDC as follows: 1 1.08.02 Definitions 2 Guest—house or cottage: An accessory dwelling structure which is attached to or 3 detached from, a principal dwelling located on the same residential parcel and which an 4 accessory dwelling serves as an ancillary use providing living quarters for the occupants of the 5 principal dwelling, their temporary guests or their domestic employees and which may contain 6 kitchen facilities. Guesthouses or cottages are not permitted in development that is receiving an 7 AHDB. {See LDC section{s}4.01.02, 5.03.03 and 2.05.02)for additional information. 8 9 # # # # # # # # # # # # # 10 11 Kitchen, primary: A room in a principal dwelling or guesthouse which is used, designed 12 and intended for the preparation and cooking of food, often where meals are also eaten. See 13 LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. 14 Kitchen, secondary:A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. See LDC section 4.01.02 Kitchens in Dwelling Units and Guesthouses. 15 16 Wet bar. An area designed for mixing drinks that contains a sink with running water, has 17 a counter top, and is not a kitchen. See LDC section 4.01.02 Kitchens in Dwelling Units and 18 Guesthouses. 19 # # # # # # # # # # # # # 20 21 4.01.02 Kitchens in Dwelling Units and Guesthouses 22 23 A. A room or area, shall be considered a kitchen when designated as such or when there 24 is an apparent food preparation area having one or more of the following criteria: 25 1. A range; or 26 2. A sink and countertop which is not identified for a use other than food 27 preparation; or 28 3. An unexplained 220-volt electrical outlet that could be used for a major kitchen 29 appliance, such as a range. 30 B. A dwelling unit containing less than 2,500 square feet of living area shall be limited to 31 one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or 32 greater, may have a secondary kitchen provided all rooms are internally accessible 33 and the secondary kitchen is only accessible through the main dwelling unit. 34 C. Nothing in this section shall prohibit a dwelling unit from having a wet bar. 35 # # # # # # # # # # # # # 36 37 5.03.03 Guesthouses 38 39 Where a guesthouse is an allowable use, it shall be permitted only in compliance with 40 the following standards. See LDC section 1.08.00 Guesthouse for additional 41 information. 42 43 A. No guest accommodation facility in a single-family residential district, whether a 44 freestanding guest house or guest accommodations which are structurally integrated 45 with the main dwelling, may be utilized for commercial purposes. 46 B. Leasing or renting a guest accommodation facility shall constitute a violation of this LDC. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Defi.-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 061314 CCPC Amended.docx 6/13/2014 12:58:08 PM 9 , , � ! Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 C. If a main residence is leased or rented, a guest accommodation facility accessory to it 2 may not be occupied by the property owner, since that would constitute the unlawful 3 utilization of single-family zoned property for two-family dwelling purposes. 4 D. The following site design standards apply to all guest houses: 5 1. Minimum lot area shall be 43,560 square feet. 6 2. Minimum lot width shall be 105 feet. 7 3. The maximum floor area shall be forty (40) percent of the air-conditioned, 8 enclosed living area (excluding garages, carports, patios, porches, utility areas, 9 and the like) of the principal dwelling. 10 4. Detached guest houses shall not be closer than twenty (20) feet to the principal 11 dwelling. 12 E. A guesthouse may be constructed prior to a principal dwelling, provided the guest 13 house meets the minimum requirements of a single-family residence in the district in 14 which it is being constructed. At such time as a principal residence is constructed, then 15 the floor area percentages listed above shall apply. 16 # # # # # # # # # It # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D .-Guesthouse,4.01.02 Kitchens in Dwelling Units,5.03.03 Guesthouses\1 08 02 Def 4 01 02 Kitchens in Dwelling Units and 5 03 03 Guesthouses 061314 CCPC Amended.docx 6/13/2014 12:58:08 PM 9A 1 Attachment 1 COLLIER COUNTY LAND DEVELOPMENT CODE STAFF CLARIFICATION ZONING&LAND DEVELOPMENT STAFF CLARIFICATION SC 2004-07 DATE:15 December 2004 LDC SECTIONS:5.03.03. and 1.08.02.,Definitions of"Guest house or cottage" and"Guest Quarters/guest suites" SUBJECT:Review guidelines for plan reviewers pertaining to Guesthouses/cottages and guest quarters/guest suites INITIATED BY:Staff BACKGROUND/CONSIDERATIONS: Guesthouses/cottages and guest quarters/guest suites are permissible as uses accessory to permissible principal single-family residences. "Guest house or cottage" is defined in LDC Section 1.08.02 as "An accessory dwelling structure which is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities." "Guest quarters/guest suites" are defined in LDC Section 1.08.02 as "An attached or detached room or suite,which could be used as a temporary sleeping accommodation,which is integrated as part of the principal use of the property and may contain running water as long as is is not configured or of a size that may accommodate a kitchen." This Staff Clarification is intended to establish guidelines to assist building plan reviewers to determine if a structure or building addition meets the LDC definition of any of these accessory uses. DETERMINATION (CLARIFICATION): There are three different fact situations requiring application of the LDC definitions of"guesthouse or cottage" and"guest quarters/guest suites." Guidelines for application of the LDC are identified for each of these situations. Please note:: determinations of the status of the accessory use made in accordance with this Staff Clarification for building permit plan reviews are not required to be consistent with the application of the definition of a "dwelling unit" or any provisions applied by the Financial Administration and Housing Department to assess impact fees under the Code of Laws, Chapter 74. Accordingly, the Impact Fee Manager may apply criteria under the regulations applicable to assessing impact fees in a manner recognizing the future use of proposed structures as well as any existing use. In the case of an unresolved conflict between the guidelines presented in this Staff Clarification and those applied by the Impact Fee Manager under the applicable regulations, policies and procedures, the latter provisions for assessing impact fees are presumed to control.. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1.a separate electrical meter for the structure, or if there is no separate meter there is: 2. an area designated on the plans submitted with the building permit application as a kitchen or food preparation area,or if there is no separately designated kitchen or food preparation area,there is: 3.an apparent food preparation area (regardless of designation),having: 9a , a. a range, or b. a sink and countertop which are not identified for a use other than food preparation,and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: 4.an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage-attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1. it is structurally attached,as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space,and 2. it contains a separate electrical meter for the addition,or if there is no separate meter,there is: 3.a designated or depicted kitchen or food preparation area,or if there is on separately designated kitchen of food preparation area,there is: 4.an apparent food preparation area (regardless of designation),having: a. a range,or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom,or if there is no apparent food preparation area,there is: 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires,provided that it also meets all the requirements of LDC Section 5.03.03. C. Guest quarters/guest suite: This accessory use is defined in the LDC and may be attached to the main residence or detached;however,it is not identified as a permissible accessory use in any base residential zoning district. Thus, "Guest quarters/guest suites" are identified,by name, as permissible accessory uses only in certain PUDs. Where specifically identified in a PUD document, the guest quarters or guest suites must meet all applicable requirements of the individual PUD. In any PUD not specifically identifying "guest quarters" or "guest suites" by name, the guidelines above for an attached or detached guesthouse will be considered to apply. If the living area in question is not identified as an attached or detached guest house according to the above guidelines and regardless of what the living area is called,this living area will be considered an addition to the main residence when structurally attached to the main residence, whether it is inter-accessible to the main residence or not. If it is detached, it will be considered a separate, detached,accessory structure. AUTHOR:Ross Gochenaur(for Susan Murray,AICP,Director,Department of Zoning&Land Development Review) cc:Zoning Department staff Bill Hammond,Building Director Michelle Arnold,Code Enforcement Director Patrick G.White,Assistant County Attorney Zoning Clarification File 9A Attachment 2 BUILDING BLOCKS • GUEST HOUSE vs. GUEST SUITE OR GUEST QUATER This building block was prepared in order to assist staff from the business center when receiving a residential building permit application for any of the listed uses above. Guest Suites or Guest Quarters are only allowed in certain residential district (not allowed in the Estates Zoning District) or in certain Planned Unit Developments (PUD's). To be allowed to have a secondary kitchen, the residence must meet the following criteria: the total combined living area(old and new) must total at least 2,500 square feet. Should the total of the new proposed living area be less than 2,500 square feet, no secondary kitchen will be permitted. The following will be allowed in the residential addition if the new proposed living area is less than 2,500 square feet: Wet bar(without stove or cook top), no apparent 220-volt electrical outlet, under the counter refrigerator only, small sink and the maximum length of counter space shall be no more than six (6) feet. There shall be no additional space in the area that could accommodate an upright refrigerator or a range/stove. The only allowable uses in the Estates Zoning District are the following: Guest House Detached, Guest House Attached or residential additions. A. Guesthouse or cottage - detached: any habitable structure detached from the principal residence will be considered a guesthouse under the LDC zoning and property development regulations if it contains: 1. a separate electrical meter for the structure, or if there is no separate meter there is: - 2. an area designated on the plans submitted with the building permit application as a kitchen or food preparation area, or if there is no separately designated kitchen or food preparation area,there is: - 3. an apparent food preparation area(regardless of designation), having: a. a range, or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is: - 4. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. B. Guesthouse or cottage - attached: any addition to a principal residence will be considered an attached guesthouse under the LDC zoning and property development regulations if: 1. it is structurally attached, as may be determined by the Building Official under the provisions of the Florida Building Code, to the principal residence but is not connected to the principal residence by living(air-conditioned)space, and 2. it contains a separate electrical meter for the addition, or if there is no separate meter, there is: 3. a designated or depicted kitchen or food preparation area, or if there is on separately designated kitchen of food preparation area,there is: A-127 08/13/2010 9A 4. an apparent food preparation area(regardless of designation),having: a. a range, or b. a sink and countertop which are not identified for a use other than food preparation, and which area is not within a bathroom or washroom, or if there is no apparent food preparation area,there is : 5. an unexplained 220-volt electrical outlet in the structure that could be used for a major kitchen appliance such as a range. Note that a guesthouse, as defined, may be directly interconnected to the main residence if the applicant so desires,provided that it also meets all the requirements of LDC Section 5.03.03. C. Residential Additions (Estates): In order for a residential addition not to be considered a guesthouse, it cannot have a secondary kitchen. The following will be allowed in the residential addition: Wet bar (without stove or cook top), no apparent 220-volt electrical outlet, under the counter refrigerator only, small sink and the maximum length of counter space shall be no more than six (6) feet. There shall be no additional space in the area that could accommodate an upright refrigerator or a range/stove. A-127 08/13/2010 t Text underlined is new text to be added A Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 1.08.02 Definitions 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, 4.02.03 Specific Standards for Location of Accessory Buildings And Structures, 5.03.02 Fences and Walls, Excluding Sound Walls, 9.03.03 Types of Nonconformities CHANGE: To clarify provisions and correct several scrivener's errors. This amendment is not intended to, and will not create, any legal nonconforming use. 1. To amend LDC section 1.08.02 and identify how to measure a corner lot in the "Corner, lot" definition. The proposed language originates from a prior codified definition. 2. To amend LDC section 1.08.02 to include the definition"Yard,waterfront." This definition is modeled off a prior codified definition. 3. To relocate the nonconforming front yard information, currently contained in LDC section 1.08.02 Definitions "Yard, front"to LDC section 9.03.03 Types of Nonconformities. This change is proposed to consolidate all of font yard setback nonconforming provisions. 4. To introduce new language to clarify Table 2.1 —Table of Minimum Yard Requirements (Setbacks) for Base Zoning Districts and identify that this table does not address minimum yard requirements for corner lots, irregular shaped lots and nonconforming lots of record in relation to the principal structure. Further,to include the Minimum Side Yard Waterfront setbacks for residential uses in the RMF-6 zoning district. The proposed waterfront setback for single family dwelling is 10 feet,which a minimum requirement prior to the re-codification and which is proposed to be re-included in the Definitions section. The proposed waterfront setback for a duplex is 10 feet,which is the minimum and consistent with the non-waterfront setback requirement for this use. The proposed waterfront setback for 3 units (triplex) or more is 15 feet, which is also consistent with the non-waterfront setback requirement for this use. Ordinance 91-102 identified the following: the minimum setback for any principal structure adjacent to the water shall be the same as the setback for the side or rear yard, as the case may be, in the particular zoning district. However,these setbacks shall never be less than 10 feet for any structure,unless specifically provided for in the Accessory Structures on waterfront lots provision (LDC Ord. 91-102 reference 2.6.2.2). l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts11.08.02 D .-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc. setback clarifications 061014.docx 6/10/2014 3:32:17 PM I 9 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 5. It is proposed the formatting of the table is updated and consistent. Currently the LDC contains a floating table with no headers which should have been connected to Table 2.1 —Table of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. 6. It is proposed that the Agricultural zoning district is included in the title of Table 3 and Table 4 in LDC section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures and their corresponding footnotes. These tables contain dimensional standards which are not intended to apply to the Agricultural or Estates zoning district. 7. It is proposed that a scrivener's error is addressed in LDC section 5.03.02 Fences and Walls, Excluding Sound walls. During the 2009 LDC amendment Cycle 1, Ord. No 2010-23 the provision was misinterpreted and the incorrect fence height was identified for corner lots. Attachment 1 illustrates the history and error within the Ordinance. 8. It is proposed 9.03.03 Types of Nonconformities is amended to clarify that some districts have specific minimum yard requirements for Rural Agriculture, Estates, RMF 12, and Mobile Home zoning districts. The proposed dimensions originate from the reduced yard setback standards for nonconforming lots identified in LDC Ord. 91-102 section 1.8.02. REASON: The proposed changes are to include information that will better inform staff and the public as to dimensional requirements for structures within specific zoning districts. All of the proposed changes are a result of an error during the re-codification or during a past LDC amendment cycle. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: None. CCPC RECOMMENDATIONS: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 16, 2014. Amend the LDC as follows: 1 2 1.08.02 Definitions 3 4 Lot, corner: A lot located at the intersection of two or more streets. A lot abutting a 5 curved street or streets shall be considered a corner lot if straight lines drawn from the foremost 6 points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 7 135 degrees. Lot width for corner lots is measured using the front yard with the shorter 8 street frontage. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Des.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc. setback clarifications 061014.docx 6/10/2014 3:32:17 PM 9q Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 2 3 Yard, front:The required open space extending across the entire width of the lot 4 between the front building line and street right-of-way line. Where double-frontage lots exist, the 5 required front yard shall be provided on both streets except as otherwise provided for herein. 6 7 Where corner lots of record existed prior to the date of adoption of Collier County 8 9 -.' - - - -- • --e - -- - - - - - - e - - - . - . 10 zoning districts, the full depth front yard requirement shall apply to the front yard which has the 11 shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, 12 the setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full 13 front yard setback requirement for that district, exclusive of any road right of way or road right 14 of way easement. For setbacks for E (estates) zoning, see Section 2.03.01. 15 16 Yard, waterfront: The required open space on property adjacent to the Gulf, bays, bayous, 17 navigable streams and on man-created canals, lakes, or impounded reservoirs. The required 18 waterfront yard shall be measured from the most restrictive of the following: property line, 19 bulkhead, shoreline, seawall, control elevation contour, or mean high water line (MHWL). 20 Waterfront yards do not apply to drainage easements, canals, and lakes that were created for 21 water management purposes with no intention to be navigable waterways providing vessel 22 access to a larger body of water. 23 # # # # # # # # # # # # # 24 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 25 26 A. The following tables describe the dimensional standards pertaining to base zoning 27 districts. Site design requirements apply to the principal building on each site. 28 29 Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts. 30 I Zor111 Dis rlc ilmtrr a rea 1C+161*th0na,i*Idth ' MaxJmurn B011Fir g Coverage � s � a > >a� � (square et inear feet) (°lo) UGC None None None IA 217,800 165 None 1E 98,010 150 'None RSF-1 143,560 1 150 'None RSF-2 1 20,000 120 None RSF-3 10,000 Corner lot Interior lot None 95 80 RSF-4 7,500 75 70 1 None RSF-5 1 6,000 70 60 'None RSF-6 16,000 70 60 None RMF-6 S.F. 6,500 60 None Duplex 12,000 80 3+units 5,500 per unit 100 RMF-12 43,560 1150 None RMF-16 43,560 1150 None RT 143,560 150 None VR 6,000 160 1 None l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM l9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term S.F./MH 10,000 100 Duplex 43,560 150 M.F. MH 6,000 60 None 1 TTRVC Park 20 acres Travel trailers/Park models 40 None site 800 Campsites 30 lots C-1 1 20,000 100 None C-2 15,000 150 None 1C-3 10,000 75 'None 1C-4 110,000 100 I None C-5 1 10,000 100 I None 11 20,000 100 None 1 BP Park 35 acres 100 45 site 4 20,000 lots CON 1 217,800 150 !None P None INone None � CF 110,000 180 (None 1 2 3 Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts. 4 Zoning District Maximum k,, Minimum . Minimum Floor Area of . FloorArea Building Distance • Buildings Ratio Height Between (square feet) (%) , (feet). Buildings s GC 135 None 'None None A 135 None 1550 (None E 30 None 1,000 1None ?� RSF-1 35 None 1-story 2-story None 1,500 1,800 RSF-2 135 None 1,500 1 1,800 I None 'RSF-3 135 None 11,000 I1,200 None RSF-4 135 None 1800 I 11,200 RSF-5 135 None 1600 11,200 I None RSF-6 135 1None 1600 1800 None RMF-6 135 1 A 1750 None RMF-12 150 A Efficiency 450 None , 1 BR 600 2+BR 750 RMF-16 B 75 A Efficiency 450 None 4 1 BR 600 12+BR 750 RT 110 stories,not to A 1300 None Iexceed 100' (max.for hotel units=500') VR @ S.F.30 None l None I None 1 MH 30 None I Duplex 30 None 1 M.F.35 1B , MH 130 1 None 'None I None p 1:12014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D .-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM 94 . Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term TTRVC 30 10 None (None C-1 35 None 11,000(ground floor) I None C-2 135 A 1,000(ground floor) None C-3 150 None 700(ground floor) None C-4 75 A 700(ground floor) Hotels.60 Destination resort.80 C-5 35 A 700(ground floor) Hotels.60 Destination resort.80 I 50 A 1,000 None BP 35 A 1,000 None CON 135 None (None None IC 'None 'None (None CF Towers/antennas D 1,000(ground floor) None 40 Other 30 Overlay Districts 1 See table of special design requirements applicable to overlay districts. 1 A = 50% of the sum of the heights of the buildings, but not less than 15 feet. 2 B = 50% of the sum of the heights of the buildings. 3 C = Buildings within 100 feet of an adjoining district are limited to the height of the most 4 restrictive of an adjoining district. 5 D = 50% of the sum of the heights of the buildings, but not less than 25 feet. 6 7 1. Principal Structure Minimum Yard (Setback) Requirements: Table 2.1, below, 8 provides the minimum yard requirements for principal structures on conforming lots of 9 record in base zoning districts. The following shall apply for all other lots: 10 a. Corner Lots: Corner lots shall have front yards along each street frontage. 11 The other yards shall be considered side yards. See LDC section 2.03.01 for 12 Estates setbacks. 13 b. Irregular Shaped Lots: The location of required front, side and rear yards on 14 irregularly shaped lots shall be determined by the County Manager, or designee. 15 c. Nonconforming Lots of Record: Minimum yard requirements for 16 nonconforming lots of record are provided in LDC section 9.03.03 A. 17 18 Table 2.1 -TABLE OF MINIMUM YARD REQUIREMENTS 19 (SETBACKS) FOR BASE ZONING DISTRICTS 20 Note as to setback line measurement: minimum setback lines are typically measured from the 21 legal boundary of a lot, regardless of all easements burdening a lot, with the exception of 22 easements that comprise a road right-of-way where the minimum setback line is to be 23 measured from the road right-of-way easement line. 24 25 26 27 28 29 30 31 32 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D .-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM ' 9A Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 4 5 6 7 Zoning Minimum Minimum• Minimum Public School district. Front Yard Side Yard ` Rear Yard Requirements (feet) (feet) `°°'". (feet) GC None None None A 50 30 50 x E 75 30 75 x RSF-1 50 30 50 x RSF-2 40 20 30 x RSF-3 30 Waterfront Non-waterfront 25 x 10 7.5 RSF-4 25 10 7.5 25 x RSF-5 25 10 7.5 20 x RSF-6 25 10 7.5 20 x RMF-6 S.F.25 NA 10 7.5 20 x Duplex 25 NA 10 10 20 3+units 30 t.1.,4 15 15 20 RMF-12 30 A 30 x RMF-16 b A b x RT b A b x VR SF./MH 20 Waterfront Non-waterfront 20 x Duplex 35 10 5 30 M.F.35 15 15 30 15 15 MH1 25 Waterfront Non-waterfront 10 X 10 7.5 TTRVC2 10 Waterfront Non-waterfront Waterfront Non-waterfront - 10 5 10 8 CC=1 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 CC=2 25 25 15 25 15 x C-33 c 25 a 25 a x CC=4" d 25 a 25 a x CC=5" 25 25 15 25 15 x I° 25 50 e 50 15 x BP 50 50 10 50 25 - CONS 50 50 50 50 50 _ P f f f f f x CF 25 Residential Non- Residential Non- x 25 residential 25 residential 15 15 Overlay See table of special design requirements for the applicable overlay district located in Districts the appropriate section for that district in chapter 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Defiti.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM ` 9 A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 2 3 4 5 6 TTRVC2 110 Waterfront Non waterfront Waterfront Non-waterfront 40 5 49 5 S 4 25 Residential Non- Residential 494- 25 residential 25 residential 45 46 C 2 25 25 45 25 45 C 3 a 25 a 25 a C 14 4 25 a 25 a C 54 25 25 45 25 45 14 25 50 a 50 45 -18R 58 50 49 50 25 - E9444 58 50 58 58 - R # # # # C€ 25 Residential Nen- Residential Alen- 25 residential 25 residential 45 45 Overlay See table of special design requirements for the applicable overlay district located in the appropriate section for Districts, that district in chapter 4 7 8 1 MH District- additional yard requirements: side yard setback from a public road that is 9 external to the boundary of the park = 50 ft.; the minimum setback on any side from the 10 exterior boundary of the park = 15ft. 11 2 TTRVC District- additional yard requirements: setback from exterior boundary of park 12 = 50 ft.; setback from an external street= 50 ft., setback from an internal street = 25 ft.; 13 setback from any building or other structure = 10 ft. 14 3 C-3 District- minimum setback on any side that is waterfront = 25 ft.; setback for 15 marinas = none. 16 4 C-4, C-5 and I Districts- minimum setback on any side that is waterfront = 25 ft.; 17 setback for marinas = none; setback on any side adjacent to a railroad right-of-way = 18 none 19 5 Any non-conforming platted lot of record in the CON District that existed before 20 November 13, 1991 will be subject to the following standards: 21 Front yard: 40 feet. 22 Side yard: ten percent of the lot width, but no more than 20 feet on each side. 23 Rear Yard: 30 feet. 24 a = 50% of the building height, but not less than 15 feet. 25 b = 50% of the building height, but not less than 30 feet. 26 c = 50% of the building height, but not less than 25 feet. 27 d = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in 28 height= 25 feet plus one additional foot of setback for each foot of building height over 29 50 feet. 30 e = the total of all side yard setbacks shall equal 20% of the lot width, with a maximum 31 of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Def.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM 9 Text underlined is new text to be added. Bold text indicates a defined term 1 possible when approved through a unified plan of development involving one or more 2 lots under common ownership where the yard requirements are met for the unified site 3 but not necessarily for each parcel within the unified site. 4 f= the yard requirements shall be equal to the most restrictive adjoining district. 5 x = for principal structures: 50 feet from all property lines; for accessory structures: 25 6 feet from all property lines. 7 # # # # # # # # # # # # # 8 9 4.02.03 Specific Standards for Location of Accessory Buildings And Structures 10 11 A. For the purposes of this section, in order to determine yard requirements, the term 12 "accessory structure" shall include detached and attached accessory use structures 13 or buildings notwithstanding the attachment of such structure or building containing 14 the accessory use to the principal use structure or building. Accessory buildings 15 and structures must be constructed simultaneously with or following the construction of 16 the principal structure and shall conform with the following setbacks and building 17 separations. 18 19 Table 3. Dimensional Standards for Accessory Buildings and Structures on Non- 20 Waterfront Lots And Non-Golf Course Lots in Zoning Districts other than Rural 21 Agricultural (A) and Estates (E)**. 22 1 Front Rear''' Side, Structure to Structure ■ (If Detached) 1. 1 Parking garage or carport,single-family 1 SPS 10 feet SPS 110 feet 12 1 One-story parking structures and/or carports 1 SPS A 35 feet SPS 10 feet 13 1 Multistory parking structures i SPS 135 feet 1 SPS 11/1* 14 ;Swimming pool and/or screen enclosure(one-and two-family) 1 SPS 110 feet 1 SPS 1N 5. 1 Swimming pool(multi-family and commercial) 1 SPS 120 feet 15 feet 1 N 6. 1 Tennis courts(private)(one-and two-family) 1 SPS 115 feet SPS 110 feet 17. I Tennis courts(multi-family,and commercial) SPS 120 feet 15 feet 120 feet 18. 'Utility buildings SPS 10 feet SPS 10 feet 19.Al Chickee, barbecue areas SPS 10 feet SPS 110 feet 110. 1 Attached screen porch SPS 110 feet SPS 1 N/A 1 11. 1 Unlisted accessory SPS 1 SPS 1 SPS 110 feet _ 12. 1 Satellite dish antenna NP 115 feet 1 SPS 110 feet 113. !Permanent emergency generators `NP 110 feet 1 See Sec.4.02.01 D.13 1 N/A 23 24 N = None. 25 N/A = Not applicable. 26 NP = structure allowed in rear of building only. 27 SPS = Calculated same as principal structure. 28 * = 1 foot of accessory height = 1 foot building separation. 29 ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 30 principal structure setbacks. 31 32 Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront 33 Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and 34 Estates(E)**2 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 D .-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 Setbacks ' 1 Front, Rear Side Structure to structure (If Detached) 1. Parking garage or carport,single-family SPS SPS I SPS 10 feet 2 I One-story parking structures SPS I SPS SPS 110 feet 3 I Multistory parking structures SPS I SPS SPS 1 1/11 94 Swimming pool and/or screen enclosure(one-and two-family) SPS 10 feet3 SPS I N 15. I Swimming pool(multi-family and commercial) SPS 20 feet 15 feet N 6. I Tennis courts(private)(one-and two-family) SPS 15 feet SPS 10 feet 7. Tennis courts(multi-family and commercial) SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters(private) SPS N/A 17.5 feet or 15 feet 110 feet II See subsection 5.03.06F. 9. Utility buildings SPS SPS 10 feet 10 feet 110. Chickee,barbecue areas SPS 110 feet SPS N 11. I Davits,hoists and lifts N/A I N/A 7.5 feet or 15 feet SPS 112. 'Attached screen porch SPS 10 feet4 SPS SPS 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks,decks and mooring pilings N/A I N/A 7.5 feet or 15 feet N/A 15. Boat slips and ramps(private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 115 feet SPS 10 feet 17. I Permanent emergency generators I NP 110 feet 'See Sec.4.02.01 D.13 I N/A 2 3 N = None. 4 N/A = Not applicable. 5 NP = structure allowed in rear of building only. 6 SPS = Calculated same as principal structure. 7 ** = All accessory structures in Rural Agricultural and Estates zoning districts must meet 8 principal structure setbacks. 9 # # # # # # # # # # # # # 10 11 12 5.03.02 Fences and Walls, Excluding Sound Walls 13 * 14 C. Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and designated 15 residential components of PUDs shall be subject to the following maximum fence and 16 wall heights: 17 al. Required front yard: 18 4a. Lots greater than 1 acre: 6 feet. 19 ++b. Non-waterfront interior lots 1 acre or less: 4 feet. 20 ii+c. Waterfront lots 1 acre or less: 4 feet. 21 ivd. Corner lots 1 acre or less: fences closer than 10 feet to the longest lot 22 line frontage of a corner lot, 4 feet; when placed at 10 feet or greater 23 from the longest lot line frontage, than 6 feet. 24 1 2. Required side and/or rear yard(s). 25 ia. Lots greater than 1 acre: 6 feet. 26 sib. Non-waterfront interior lots 1 acre or less: 6 feet. 27 iiic. Waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Deaf.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications11.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM 9A Text underlined is new text to be added. Bold text indicates a defined term 1 +vd. Public Utility Ancillary Systems: 8 feet. 2 ve. Corner lots 1 acre or less: 4-6 feet(there is no rear yard on a corner lot). 3 # # # # # # # # # # # # # 4 5 6 7 8 9.03.03 Types of Nonconformities 9 10 A. Nonconforming lots of record. In any district, any permitted or permissible structure may 11 be erected, expanded, or altered on any lot of record at the effective date of adoption or 12 relevant amendment to the LDC. 13 1. Except as provided herein, theT#e minimum yard requirements in any residential 14 district except RMF-6 and E estates) shall be as for the most similar district to 15 which such lot of record most closely conforms in area, width and permitted use, 16 except that when possible the greater of any yard requirement in either district 17 shall apply, and except when specifically provided for in the district regulations. 18 a. Rural Agricultural (A) zoning district: 19 i. Front Yard: 40 feet. 20 ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each 21 side. 22 iii. Rear Yard: 30 feet. 23 b. Estates (E) zoning district: See LDC section 2.03.01 for setbacks. 24 c. RMF-12: 25 i. Single-family dwellings revert to RSF-6 standards. 26 ii. Duplex and multi-family dwellings revert to RMF-6 standards. 27 d. Mobile Home (MH) zoning district: 28 i. Front Yard: 10 feet. 29 ii. Side Yard: 5 feet or zero (0) foot. Where zero is used, the 30 opposite yard must maintain a minimum of 10 feet. 31 iii. Rear Yard: 8 feet. 32 iv. Waterfront Yard (Side or Rear): 10 feet. 33 2. The minimum side yard requirement in any commercial or industrial district shall 34 be equal to the height of the proposed principal structure, or the minimum side 35 yard requirement in the district, whichever is lesser. 36 3. Nonconforming through lots, i.e., double frontage lots, legal nonconforming lots 37 of record with double road frontage, which are nonconforming due to 38 inadequate lot depth, in which case, the front yard along the local road portion 39 shall be computed at the rate of fifteen (15) percent of the depth of the lot, as 40 measured from edge of the right-of-way. 41 A nonconforming through lot utilizing reduced frontage shall only establish the 42 lot frontage along the local road. Frontage along a collector or arterial roadway 43 to serve such lots is prohibited. Front yards along the local road shall be 44 developed with structures having an average front yard of not more than six(6) 45 feet; no building thereafter erected shall project beyond the average line. 46 4. - - - •• - --- - - . . _ -- - - -- - -- - 47 - - - - - --- --- - - -- - - - - - - -48 --- - - -- - - - - - - - - - - --- --- -49 50 51 established. I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Det.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications11.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM t9I' 3 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 4.5, When two or more adjacent legal nonconforming lots of record are either 2 combined under a single folio or parcel number for taxing purposes by the 3 property appraiser's office, or combined as a single parcel by recording the 4 previously separate nonconforming lots into one legal description, neither or 5 both of these actions will prohibit the owner or future owners from subsequently 6 splitting the parcel into two or more folio or parcel numbers for tax purposes, or 7 severing the parcels into their former legal descriptions as legal nonconforming 8 lots of record according to the original legal description(s) at the time the property 9 was recognized as legal nonconforming. Prior to any two or more adjacent 10 legal nonconforming lots being combined for development, a legally binding 11 document must be recorded to reflect a single parcel with a unified legal 12 description. Once such a document has been recorded to amend the legal 13 description and a development permit has been approved by the County for 14 development as that unified parcel, the property cannot be split or subdivided 15 except as may then be allowed by this Code. 16 5. Nonconforming Corner Lots. Corner lots of record which existed prior to the date 17 of adoption of Collier County Ordinance No. 82-2 [January 5, 19821 and do not 18 meet minimum lot width or area requirements established in LDC, shall be 19 required to provide only one full depth front yard. The full depth front yard 20 requirement shall apply to the front yard which has the shorter or shortest street 21 frontage. The setback requirement for the remaining front yard(s) may be 22 reduced to 50 percent of the full front yard setback requirement for that district, 23 exclusive of any road right-of-way or road right-of-way easement. For 24 setbacks for Estates (E)zoning district, see Section 2.03.01. 25 # # # # # # # # # # # # # 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\1.08.02 Der.-Lot,corner 4.02.01 Dimensional Standards,- Clarifications\1.08.02 Def.,4.02.01 Dimensional Stands etc._setback clarifications 061014.docx 6/10/2014 3:32:17 PM �9,L.02122? a,, 9 A ? !! t, Attachment 1 ow ORDINANCE NO. 10 -23 '- CO OA 049517£Z AN ORDINANCE OF THE BOARD OF COUNTY : COMMISSIONERS OF COLLIER COUNTY, FLORIDA, : , ; '_.. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE `•':' . COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH- INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04,03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME – OUTDOOR STORAGE, SECTION 4.02.29 SAME-FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME—MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE – SUPPLEMENTAL STANDARDS INCLUDING TABLE OF Page 1 of I94 I Words s F k-h g,are deleted,words underlined are added 9A 5.03.02 Fences and Walls, Excluding Sound Walls A. All districts. 1. Whenever a property owner elects to construct a chain link fence, --- - - -- --- . - - • fence (See Illustration 5.03.02-A.1.a: 1). (n)--,_Fpm _t.._t _ - faun feet in height, Page 106 of 194 Words Hugh are deleted,words underlined are added • • bdmom- - - _-_. _ _ _ - - - _ - ._ •" - - - Page 107 of 194 Words struekc-t#reigh are deleted,words underlined are added ' 9 A C. Residential zoning districts. For the purposes of this section, residential districts • feet in all yards.3. For waterfront lots one (1) acre or less in area, height limits are as for heig-ht -- -- -- _:------z- _-- _ �... �..nni.:r.�rsFc D. Agricultural districts. For the purposes of this section, agricultural districts shall include: A, E, and CON zoning districts. Fences and walls within agricultural E. Commercial and industrial districts. - - - . -- - e• - - - •• -- - - . (8)-feet-in-height Page 108 of 194 Words struek-through are deleted,words underlined are added 9q Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts CHANGE: To add the following the uses to the respective commercial zoning districts within the conditional use section.No nonconformities shall be created by this amendment. Commercial-1 5812 Eating Places Establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. • Automats (eating places) • Beaneries • Box lunch stands • Buffets (eating places) • Cafes • Cafeterias • Carry-out restaurants • Caterers • Coffee shops • Commissary restaurants • Concession stands,prepared food(e.g., in airports and sports arenas) • Contract feeding • Dairy bars • Diners (eating places) • Dining rooms • Dinner theaters • Drive in restaurants • Fast food restaurants • Food bars • Food service, institutional • Frozen custard stands • Grills (eating places) • Hamburger stands 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts12.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM ► 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term • Hot dog(frankfurter) stands • Ice cream stands • Industrial feeding • Lunch bars • Lunch counters • Luncheonettes • Lunchrooms • Oyster bars • Pizza parlors • Pizzerias • Refreshment stands • Restaurants • Restaurants, fast food • Sandwich bars or shops • Snack shops • Soda fountains • Soft drink stands • Submarine sandwich shops • Tea rooms • Theaters, dinner # # # # # # # # # # # # # Commercial-2 5722 Household Appliance Stores Establishments primarily engaged in the retail sale of electric and gas refrigerators, stoves, and other household appliances, such as electric irons,percolators, hot plates, and vacuum cleaners. Many such stores also sell radio and television sets. Retail stores operated by public utility companies and primarily engaged in the sale of electric and gas appliances for household use are classified in this industry. • Air-conditioning room units, self-contained-retail • Electric household appliance stores-retail • Household appliance stores, electric or gas-retail • Refrigerators and related electric and gas appliances retail • Sewing machine stores-retail • Vacuum cleaner stores-retail 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 4493 Marinas Establishments primarily engaged in operating marinas. These establishments rent boat slips and store boats, and generally perfoiin a range of other services including cleaning and incidental boat repair. They frequently sell food, fuel, and fishing supplies, and may sell boats. Establishments primarily engaged in building or repairing boats and ships are classified in Manufacturing, Industry Group 373. Establishments primarily engaged in the operation of charter or party fishing boats or rental of small recreational boats are classified in Services, Industry 7999. • Marinas • Marine basins, operation of • Yacht basins, operation of 8699 Membership Organizations,Not Elsewhere Classified Membership organizations,not elsewhere classified. • Art councils • Athletic associations-regulatory only • Automobile owners associations and clubs • Farm bureaus • Farm granges • Historical clubs, other than professional • Humane societies, animal • Poetry associations • Reading rooms, religious materials 7299 Miscellaneous Personal Services, Not Elsewhere Classified Establishments primarily engaged in providing personal services, not elsewhere classified. Establishments primarily engaged in operating physical fitness facilities, including health fitness spas and reducing salons, are classified in Major Group 70 if they provide lodging and in Industry 7991 if they do not, and those renting medical equipment are classified in Industry 7352. • Babysitting bureaus • B-aftering services for individuals • Birth certificate agencies • Blood pressure testing, coin operated • Buyers'clubs • Car title and tag service • Checkroom concessions or services • Clothing rental, except industrial launderers and linen supply • Coin operated service machine operation: scales, shoeshine, lockers, • College clearinghouses • Comfort station operation • Computer photography or portraits • Consumer buying service 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM Text underlined is new text to be added 9 , Text strikethrough is current text to be deleted. Bold text indicates a defined term • Costume rental • Dating service • Debt counseling or adjustment service to individuals • Depilatory salons • Diet workshops • Dress suit rental • Electrolysis (hair removal) • Escort service • Genealogical investigation service • Hair removal(electrolysis) • Hair weaving or replacement service • Marriage bureaus 1, • Porter service • • Rest room operation • Scalp treatment service • Shopping service for individuals • Steam baths • Tanning salons • Tattoo parlors • Turkish baths • Tuxedo rental • Valet parking • Wardrobe service, except theatrical • Wedding chapels,privately operated # # # # # # # # # # # # # Commercial-3 . 5511 Motor Vehicle Dealers (New and Used) Establishments primarily engaged in the retail sale of new automobiles or new and used automobiles. These establishments frequently maintain repair departments and carry stocks of replacement parts,tires, batteries, and automotive accessories. These establishments also frequently sell pickups and vans at retail. • Automobile agencies (dealers)-retail (new only) • Automobiles, new and used retail • Cars, new and used retail • Motor vehicle dealers, new and used cars retail • Pickups and vans, new and used retail 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9Anl Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 8071 Medical Laboratories Establishments primarily engaged in providing professional analytic or diagnostic services to the medical profession, or to the patient on prescription of a physician. • Bacteriological laboratories (not manufacturing) • Biological laboratories (not manufacturing) • Blood analysis laboratories • Chemists, biological: (not manufacturing) laboratories of • Dental laboratories,X-ray • Medical laboratories, clinical • Pathological laboratories • Testing laboratories, medical: analytic or diagnostic • Urinalysis laboratories 8092 Kidney Dialysis Centers Establishments primarily engaged in providing kidney or renal dialysis services. Offices and clinics of doctors of medicine are classified in Industry 8011. • Kidney dialysis centers 8099 Health and Allied Services,Not Elsewhere Classified Establishments primarily engaged in providing health and allied services, not elsewhere classified. Offices and clinics of health practitioners are classified according to their primary activity in Industry Groups 801 through 804. • Artists, medical • Blood banks • Blood donor stations • Childbirth preparation classes • Health screening service • Hearing testing service • Insurance physical examination service, except by physicians • Medical photography and art • Osteoporosis centers • Oxygen tent service • Physical examination service, except by physicians • Plasmapheresis Centers • Sperm banks 7352 Medical Equipment Rental and Leasing Establishments primarily engaged in renting or leasing(except finance leasing) medical equipment. Establishments of this industry may also sell medical supplies. Establishments primarily engaged in the sale of medical equipment and supplies are classified in Wholesale or Retail Trade, and those primarily engaged in finance leasing are classified in Finance, Industry 6159. • Invalid supplies rental and leasing Medical equipment rental 5 l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs12.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 7997 Membership Sports and Recreation Clubs Sports and recreation clubs which are restricted to use by members and their guests. Country, golf,tennis, yacht, and amateur sports and recreation clubs are included in this industry. Physical fitness facilities are classified in Industry 7991. • Aviation clubs, membership • Baseball clubs except professional and semiprofessional • Bathing beaches, membership • Beach clubs, membership • Boating clubs, membership • Bowling leagues or teams, except professional and semiprofessional • Bridge clubs, membership • Club, membership: sports and recreation, except physical fitness • Country clubs, membership • Flying fields maintained by aviation club • Football club, except professional and semiprofessional • Golf clubs, membership • Gun clubs, membership • Handball clubs, membership • Hockey clubs, except professional and semiprofessional • Hunt clubs, membership • Racquetball clubs,membership • Recreation and sports club, membership: except physical fitness • Riding clubs, membership • Shooting clubs, membership • Soccer clubs, except professional and semiprofessional • Sports and recreation clubs, membership: except physical fitness • Swimming clubs, membership • Tennis clubs, membership • Yacht clubs, membership # # # # # # # # # # # # # Commercial-4 5551 Boat Dealers Establishments primarily engaged in the retail sale of new and used motor boats and other watercraft, marine supplies, and outboard motors. • Boat dealers-retail • Marine supply dealers-retail • Motorboat dealers-retail • Outboard motor dealers-retail 5599 Automotive Dealers, Not Elsewhere Classified Establishments primarily engaged in the retail sale of new and used automotive vehicles, utility trailers, and automotive equipment and supplies, not elsewhere classified, such as snowmobiles, 6 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term dunebuggies, and gocarts.Also included in this industry are establishments primarily engaged in the retail sale of aircraft. • Aircraft dealers retail • Dunebuggies-retail • Gocarts-retail • Snowmobiles-retail • Trailers, utility-retail • Utility trailers-retail 5561 Recreational Vehicle Dealers Establishments primarily engaged in the retail sale of new and used motor homes,recreational trailers, and campers (pickup coaches). Establishments primarily engaged in the retail sale of mobile homes are classified in Industry 5271, and those selling utility trailers are classified in Industry 5599. • Campers (pickup coaches) for mounting on trucks-retail • Motor home dealers-retail • Recreational vehicle dealers-retail • Recreational vehicle parts and accessories-retail • Travel trailers, automobile: new and used-retail # # # # # # # # # # # # # Commercial-5 4783 Packing and Crating Establishments primarily engaged in packing, crating, and otherwise preparing goods for shipping. Establishments primarily engaged in packaging and labeling merchandise for purposes other than shipping(retail packaging) are classified in Industry 7389. • Crating goods for shipping • Packing goods for shipping • Transportation REASON: The proposed amendment is designed to provide additional opportunities for conditional uses to locate within commercial zoning districts. The uses which are proposed are similar in nature to existing conditional uses. The proposed uses would be subject to the public hearing process whereby they would be contentiously reviewed for compatibility and consistency with the surrounding area. For certain uses, additional site design standards are identified as to be required or considered during the public hearing process. This is intended to further the compatibility with the surrounding area. FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts to the County. The proposed amendment would expand the zoning and location opportunities for the proposed conditional uses. 7 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM Text underlined is new text to be a d. Text strikethrough is current text to be del ed. Bold text indicates a defined term RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no direct inconsistencies with the proposed conditional uses within the Commercial Zoning Districts. However, it is important to note that most sub-districts within the GMP have references to zoning districts within the LDC that include specific effective dates. Only the uses that were established at the time of the effective date are permitted within the sub-district. Accordingly, the proposed uses identified in this amendment may not be allowed within the various GMP sub-districts. Due diligence will be important for current and future property owners in these sub-districts to understand what uses are allowed. DSAC-LDR RECOMMENDATIONS: • For the proposed C-i conditional use, "Eating places" include "carry-out, restaurants" in the list of allowable types of uses (staff incorporated into LDCA). • For the proposed C-3 conditional use, consider "Adequacy"of the buffer(s), rather than "enhancement"of the buffer(s). • Note: Within the C-3 permitted uses section, "Automotive Services, Except Repair and Carwashes (7549)" is identified and includes "Lubricating service, automotive", i.e. "quick lube stations" DSAC RECOMMENDATIONS: • Supports DSAC-LDR Subcommittee recommendations CCPC RECOMMENDATIONS: • For the proposed C-3 conditional use, "Automotive vehicle dealers" to remove the language "quick lube" from the "The number of quick lube service bays" criterion identified in LDC section 2.03.03 C.1.c.3.c. • Follow DSAC-LDR subcommittee's recommendation to amend the criterion identified in LDC section 2.03.03 C.1.c.3.d to "Adequacy" of the buffer(s), rather than "enhancement" of the buffer(s). OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, March 18, 2014, May 6, 2014, May 27, 2014. Amend the LDC as follows: 1 2.03.03 Commercial Zoning Districts 2 3 A. Commercial Professional and General Office District (C-1). The purpose and intent of 4 the commercial professional and general office district C-1 is to allow a concentration of 5 office type buildings and land uses that are most compatible with, and located near, 6 residential areas. Most C-1 commercial, professional, and general office districts are 7 contiguous to, or when within a PUD, will be placed in close proximity to residential 8 areas, and, therefore, serve as a transitional zoning district between residential areas 9 and higher intensity commercial zoning districts. The types of office uses permitted are 10 those that do not have high traffic volumes throughout the day, which extend into the 11 evening hours. They will have morning and evening short-term peak conditions. The 8 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 market support for these office uses should be those with a localized basis of market 2 support as opposed to office functions requiring inter-jurisdictional and regional market 3 support. Because office functions have significant employment characteristics, which are 4 compounded when aggregations occur, certain personal service uses shall be permitted, 5 to provide a convenience to office-based employment. Such convenience commercial 6 uses shall be made an integral part of an office building as opposed to the singular use 7 of a building. Housing may also be a component of this district as provided for through 8 conditional use approval. 9 1. The following uses, as identified with a number from the Standard Industrial 10 Classification Manual (1987), or as otherwise provided for within this section are 11 permissible by right, or as accessory or conditional uses within the C-1 12 commercial professional and general office district. * * * * * * * * * * * * * 13 c. Conditional uses. The following uses are permissible as conditional uses 14 in the (C-1) commercial professional and general office district, subject to 15 the standards and procedures established in section 10.08.00 16 1. Ancillary plants. 17 2. Automobile parking, automobile parking garages and parking 18 structures (7521 —shall not be construed to permit the activity of 19 "tow-in parking lots"). 20 3. Banks, credit unions and trusts (6011-6099). 21 4. Churches. 22 5. Civic, social and fraternal associations (8641). 23 6. Eating places primarily intended to serve employees and 24 customers of the permitted use (5812, excluding Automats (eating 25 places); caterers; commissary restaurants; contract feeding; 26 dinner theaters; drive-in restaurants; industrial feeding; 27 restaurants; carry-out; theaters; dinner).The request may be 28 permitted subject to the following criteria: 29 a. The use is physically integrated and operated in 30 conjunction with another permitted use in the C-1 district 31 (no stand-alone facilities shall be permitted). 32 b. There is no exterior signage. 33 c. There is no direct exterior access. 34 d. Parking for the permitted use is consistent with LDC 35 section 4.05.04. 36 e. In addition to the Planning Commission's Findings, its 37 recommendation shall include, but not be limited to, the 38 following considerations for the conditional use request: 39 i. Seating capacity. 40 ii. Gross floor area of the request in relation to the 41 principal structure. 42 67. Educational services (8211-8222). 43 78. Funeral services (7261, except crematories). 44 89. Home health care services (8082). 45 910. Homeless shelters. 46 4011. Libraries (8231, except regional libraries). 47 4412. Mixed residential and commercial uses subject to design criteria 48 contained in section 4.02.38 except where superseded by the 49 following criteria: 9 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be delcted. Bold text indicates a defined term 1 2 4213. Religious organizations (8661). 3 4214. Soup kitchens. 4 4415. Veterinary services (0742, excluding outdoor kenneling). 5 1516. Any other commercial or professional use which is comparable in 6 nature with the foregoing list of permitted uses and consistent with 7 the purpose and intent statement of the district as determined by 8 the board of zoning appeals pursuant to section 10.08.00 # # # # # # # # # # # # # 9 B. Commercial Convenience District(C-2). The purpose and intent of the commercial 10 convenience district (C-2) is to provide lands where commercial establishments may be 11 located to provide the small-scale shopping and personal needs of the surrounding 12 residential land uses within convenient travel distance except to the extent that office 13 uses carried forward from the C-1 district will expand the traditional neighborhood size. 14 However, the intent of this district is that retail and service uses be of a nature that can 15 be economically supported by the immediate residential environs. Therefore, the uses 16 should allow for goods and services that households require on a daily basis, as 17 opposed to those goods and services that households seek for the most favorable 18 economic price and, therefore, require much larger trade areas. It is intended that the C- 19 2 district implements the Collier County GMP within those areas designated 20 agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; 21 the neighborhood center district of the Immokalee Master Plan; and the urban mixed 22 use district of the future land use element permitted in accordance with the locational 23 criteria for commercial and the goals, objectives, and policies as identified in the future 24 land use element of the Collier County GMP. The maximum density permissible in the 25 C-2 district and the urban mixed use land use designation shall be guided, in part, by the 26 density rating system contained in the future land use element of the Collier County 27 GMP. The maximum density permissible or permitted in a district shall not exceed the 28 density permissible under the density rating system. 29 1. The following uses, as identified with a number from the Standard Industrial 30 Classification Manual (1987), or as otherwise provided for within this section are 31 permissible by right, or as accessory or conditional uses within the C-2 32 commercial convenience district. 33 34 c. Conditional uses. The following uses are permissible as conditional 35 uses in the commercial convenience district (C-2), subject to the 36 standards and procedures established in section 10.08.00 37 1. Ancillary plants. 38 2. Educational services (8211, 8222). 39 3. Homeless shelters. 40 4. Household appliance stores (5722, limited to air-conditioning room 41 units, self-contained-retail, electronic household appliance stores- 42 retail, household appliance stores, electric or gas-retail, sewing 43 machine stores-retail, and vacuum cleaner stores-retail) with 44 1,800 square feet or less of gross floor area in the principal 45 structure. 46 5. Marinas (4493 excluding boat yards, storage and incidental 47 repair), subject to LDC section 5.05.02 10 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9 s Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 6. Membership organizations, miscellaneous (8699, excluding 2 humane societies, animal) limited to 1,800 square feet or less of 3 gross floor area in the principal structure. 4 47. Mixed residential and commercial uses subject to design criteria 5 contained in LDC section 4.02.38 except where superseded by 6 the following criteria: 7 8 8. Personal services, miscellaneous (7299— not listed as principle 9 uses and limited to babysitting bureaus; birth certificate agencies; 10 car title and tag services; computer photography or portraits; 11 dating service; diet workshops; dress suit rental; tux rental; 12 genealogical investigation service; hair removal; shopping service 13 for individuals only; wardrobe service, except theatrical; wedding 14 chapels, privately operated) with 1,800 square feet or less of 15 gross floor area in the principal structure. 16 59. Permitted personal service, video rental or retail uses with more 17 than 1,800 square feet of gross floor area in the principal 18 structure. 19 610. Permitted food service (eating places or food stores) uses with 20 more than 2,800 square feet of gross floor area in the permitted 21 principal structure. 22 711. Soup kitchens. 23 812. Any other convenience commercial use which is comparable in 24 nature with the foregoing (C-2) list of permitted uses and 25 consistent with the purpose and intent statement of the district, as 26 determined by the board of zoning appeals pursuant to section 27 10.08.00 28 # # # # # # # # # # # # # 29 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 30 intermediate district (C-3) is to provide for a wider variety of goods and services intended 31 for areas expected to receive a higher degree of automobile traffic. The type and variety 32 of goods and services are those that provide an opportunity for comparison shopping, 33 have a trade area consisting of several neighborhoods, and are preferably located at the 34 intersection of two-arterial level streets. Most activity centers meet this standard. This 35 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 36 districts typically aggregated in planned shopping centers. This district is not intended 37 to permit wholesaling type of uses, or land uses that have associated with them the need 38 for outdoor storage of equipment and merchandise. A mixed-use project containing a 39 residential component is permitted in this district subject to the criteria established 40 herein. The C-3 district is permitted in accordance with the locational criteria for 41 commercial and the goals, objectives, and policies as identified in the future land use 42 element of the Collier County GMP. The maximum density permissible in the C-3 district 43 and the urban mixed use land use designation shall be guided, in part, by the density 44 rating system contained in the future land use element of the Collier County GMP. The 45 maximum density permissible or permitted in the C-3 district shall not exceed the 46 density permissible under the density rating system. 47 1. The following uses, as identified with a number from the Standard Industrial 48 Classification Manual (1987), or as otherwise provided for within this section are 49 permissible by right, or as accessory or conditional uses within the commercial 50 intermediate district (C-3). 11 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 * * * * * * * * * * * * * 2 c. Conditional uses. The following uses are permissible as conditional 3 uses in the commercial intermediate district(C-3), subject to the 4 standards and procedures established in sections 4.02.02 and 10.08.00 5 1. Amusements and recreation services (7999 - boat rental, 6 miniature golf course, bicycle and moped rental, rental of beach 7 chairs and accessories only). 8 2. Ancillary plants. 9 3. Automotive vehicle dealers (5511, limited to automobile agencies 10 (dealers)-retail and only new vehicles). In addition to the Planning 11 Commission's Findings, its recommendation shall include, but not 12 be limited to, the following considerations for the conditional use 13 request: 14 a. Controls on outdoor paging or amplified systems used as 15 part of the daily operations. 16 b. Location of enclosed service areas, with exception for 17 entry/exit doors. 18 c. The number of service bays. 19 d. Operation hours. 20 e. Adequacy of buffer(s). 21 f. Location of gasoline storage and/or fueling tanks. 22 q. Means of delivery of automobiles. 23 94. Bowling centers (7933). 24 45. Coin operated amusement devices (7993). 25 56. Courts (9211). 26 67. Dance Studios, schools and halls (7911). 27 7L8. Drinking places (5813) excluding bottle clubs. All establishments 28 engaged in the retail sale of alcoholic beverages for on-premise 29 consumption are subject to the locational requirements of section 30 5.05.01 31 89. Educational services (8221 & 8222). 32 910. Fire protection (9224). 33 4-911. Food stores with greater than 5,000 square feet of gross floor 34 area in the principal structure (groups 5411-5499). 35 12. Health services (8071, 8092, and 8099). 36 4413. Homeless shelters. 37 4214. Hospitals (groups 8062-8069). 38 4615. Legal counsel and prosecution (9222). 39 16. Medical equipment rental and leasing (7352). 40 17. Membership sports and recreational clubs indoor only (7997). 41 4418. Mixed residential and commercial uses, subject to design criteria 42 contained in section 4.02.38 except where superseded by the 43 following criteria: 44 * * * * * * * * * * * * * 45 4519. Motion picture theaters, (7832 - except drive-in). 46 4620. Permitted food service (5812, eating places) uses with more than 47 6,000 square feet of gross floor area in the principal structure. 48 4721. Permitted personal services, video rental or retail uses (excluding 49 drug stores- 5912)with more than 5,000 square feet of gross 50 floor area in the principal structure. 12 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts12.03.03 A.Commercial Zoning Dist.Adding CUs12.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 4822. Permitted use with less than 700 square feet gross floor area in 2 the principal structure. 3 4923. Public order and safety (9229). 4 2824. Social services (8322 - other than those permitted, 8331-8399) 5 2425. Soup kitchens. 6 2226. Theatrical producers and miscellaneous theatrical services (7922 - 7 community theaters only). 8 2327. Vocational schools (8243-8299). 9 2428. Any other intermediate commercial use which is comparable in 10 nature with the foregoing list of permitted uses and consistent with 11 the permitted uses and purpose and intent statement of the 12 district, as determined by the board of zoning appeals pursuant to 13 section 10.08.00 14 # # # # # # # # # # # # # 15 D. General Commercial District (C-4). The general commercial district(C-4) is intended to 16 provide for those types of land uses that attract large segments of the population at the 17 same time by virtue of scale, coupled with the type of activity. The purpose and intent of 18 the C-4 district is to provide the opportunity for the most diverse types of commercial 19 activities delivering goods and services, including entertainment and recreational 20 attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses 21 permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The 22 outside storage of merchandise and equipment is prohibited, except to the extent that it 23 is associated with the commercial activity conducted on-site such as, but not limited to, 24 automobile sales, marine vessels, and the renting and leasing of equipment. Activity 25 centers are suitable locations for the uses permitted by the C-4 district because most 26 activity centers are located at the intersection of arterial roads. Therefore the uses in the 27 C-4 district can most be sustained by the transportation network of major roads. The C-4 28 district is permitted in accordance with the locational criteria for uses and the goals, 29 objectives, and policies as identified in the future land use element of the Collier County 30 GMP. The maximum density permissible or permitted in a district shall not exceed the 31 density permissible under the density rating system. 32 1. The following uses, as defined with a number from the Standard Industrial 33 Classification Manual (1987), or as otherwise provided for within this section are 34 permissible by right, or as accessory or conditional uses within the general 35 commercial district(C-4). 36 37 c. Conditional uses. The following uses are permitted as conditional uses 38 in the general commercial district (C-4), subject to the standards and 39 procedures established in section 10.08.00 40 1. Animal specialty services, except veterinary (0752, with outside 41 kenneling). 42 2. Amusement and recreation services, outdoor(7948, 7992, 7996, 43 7999). 44 3. Auctioneering services, auction rooms (7389, 5999). 45 4. Automotive dealers and gasoline service stations (5511, 5521; 46 599 outdoor display permitted). 47 5. Automotive rental and leasing, outdoor display permitted (7513, 48 7519). 49 6. Boat dealers (5551). 13 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM 9 Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term 1 67. Bottle clubs. (All establishments engaged in the retail sale of 2 alcoholic beverages for on-premise consumption are subject to 3 the locational requirements of section 5.05.01.). 4 78. Communication towers above specified height, subject to section 5 5.05.09 6 9. Dealers not elsewhere classified (5599 outdoor display permitted, 7 excluding Aircraft dealers-retail). 8 810. Fire protection (9224). 9 511. Fishing, hunting and trapping (0912-0919). 10 4012. Fuel dealers (5983-5989). 11 4413. Homeless shelters. 12 4214. Hotels and motels (7011, 7021, 7041 when located outside an 13 activity center). 14 4315. Kiosks. 15 4416. Legal counsel and prosecution (9222). 16 4517. Local and suburban transit (groups 4111-4121, bus stop and van 17 pool stop only). 18 4618. Motion picture theaters, drive-in (7833). 19 4719. Permitted use with less than 700 square feet of gross floor area 20 in the principal structure. 21 4820. Police Protection (9221). 22 4921. Public order and safety (9229). 23 22. Recreational vehicle dealers (5561). 24 2023. Soup kitchens. 25 2424. Motor freight transportation and warehousing (4225, air 26 conditioned and mini-and self storage warehousing only). 27 2225. Veterinary services (0741 & 0742, with outside kenneling). 28 2226. Any other general commercial use which is comparable in nature 29 with the foregoing list of permitted uses and consistent with the 30 permitted uses purpose and intent statement of the district, as 31 determined by the board of zoning appeals pursuant to section 32 10.08.00 33 E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning 34 district, the heavy commercial district (C-5) allows a range of more intensive commercial 35 uses and services which are generally those uses that tend to utilize outdoor space in 36 the conduct of the business. The C-5 district permits heavy commercial services such as 37 full-service automotive repair, and establishments primarily engaged in construction and 38 specialized trade activities such as contractor offices, plumbing, heating and air 39 conditioning services, and similar uses that typically have a need to store construction 40 associated equipment and supplies within an enclosed structure or have showrooms 41 displaying the building material for which they specialize. Outdoor storage yards are 42 permitted with the requirement that such yards are completely enclosed or opaquely 43 screened. The C-5 district is permitted in accordance with the locational criteria for 44 uses and the goals, objectives, and policies as identified in the future land use element 45 of the Collier County GMP. 46 1. The following uses, as identified with a number from the Standard Industrial 47 Classification Manual (1987), or as otherwise provided for within this section are 48 permissible by right, or as accessory or conditional uses within the heavy 49 commercial district (C-5). 50 14 l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM ' 9 A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 c. Conditional uses. The following uses are permissible as conditional 2 uses in the heavy commercial district(C-5), subject to the standards and 3 procedures established in section 10.08.00 4 1. Animal specialty services, except veterinary (0752, with outdoor 5 kenneling). 6 2. Amusement and recreation services, outdoor(7948, 7992, 7996, 7 7999). 8 3. Bottle clubs. (All establishments engaged in the retail sale of 9 alcoholic beverages for on-premise consumption are subject to 10 the locational requirements of section 5.05.01.) 11 4. Child day care services (8351), provided: 12 13 5. Communications (4812-4841) with communications towers that 14 exceed specified height, subject to section 5.05.09 15 6. Farm product raw materials (5153-5159). 16 7. Fuel dealers (5983-5989). 17 8. Homeless shelters. 18 9. Hotels and motels (7011, 7021, 7041 when located outside an 19 activity center.) 20 10. Correctional institutions (group 9223). 21 11. Kiosks. 22 12. Local and suburban passenger transportation (4131-4173). 23 13. Motion picture theaters, drive-in (7833). 24 14. Permitted uses with less than 700 square feet of gross floor area 25 in the principal structure. 26 15. Soup kitchens. 27 16. Transfer stations (4212, local refuse collection and transportation 28 only). 29 17. Packing Services (4783). 30 1-718. Veterinary services (0741 & 0742, with outdoor kenneling). 31 419. Any other heavy commercial use which is comparable in nature 32 with the foregoing list of permitted uses and consistent with the 33 purpose and intent statement of the district, as determined by the 34 board of zoning appeals pursuant to section 10.08.00 35 # # # # # # # # # # # # # 15 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts12.03.03 A.Commercial Zoning Dist.Adding CUs\2.03.03 A.Commercial Zoning District_addingCUs 060514 CCPC Amended.docx 6/5/2014 9:38:39 AM I A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Errors AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts 4,06.02 Buffer Requirements 5.03.05 Caretaker Residences CHANGE: To fix a scrivener's error and remove the outdated Commercial Professional/Transitional (C-1/T)zoning district references from the LDC. REASON: The Commercial Professional/Transitional (C-1/T) zoning district was incorporated in the LDC pursuant to Ord. No. 91-102 and was codified in LDC section 2.2.12, See Attachment 1,page 2. In 2002, an LDC amendment replaced the Commercial Professional/Transitional (C-1/T) district with the Commercial Professional and General Office (C-1) district, See Attachment 2, page 2 and 3. This is the current title of the C-1 zoning district. Although the 2002 LDC amendment cycle removed all references to C-1/T from the Purpose and Intent in LDC Section 2.2.12, several references were missed in other LDC chapters. It is proposed the remaining references are deleted from the LDC. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: None. DSAC RECOMMENDATION:None. CCPC RECOMMENDATIONS: None. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 2014. Amend the LDC as follows: 2.03.03 Commercial Zoning Districts 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C112.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1 Treferences 060514.docx 6/5/2014 9:34:16 AM :,, t 9 /6 ,. - Text underlined is new text to be added. Bold text indicates a defined term 1 A. Commercial Professional and General Office District (C-1). The purpose and intent of 2 the commercial professional and general office district C-1 is to allow a concentration of 3 office type buildings and land uses that are most compatible with, and located near, 4 residential areas. Most C-1 commercial, professional, and general office districts are 5 contiguous to, or when within a PUD, will be placed in close proximity to residential 6 areas, and, therefore, serve as a transitional zoning district between residential areas 7 and higher intensity commercial zoning districts. The types of office uses permitted are 8 those that do not have high traffic volumes throughout the day, which extend into the 9 evening hours. They will have morning and evening short-term peak conditions. The 10 market support for these office uses should be those with a localized basis of market 11 support as opposed to office functions requiring inter-jurisdictional and regional market 12 support. Because office functions have significant employment characteristics, which are 13 compounded when aggregations occur, certain personal service uses shall be permitted, 14 to provide a convenience to office-based employment. Such convenience commercial 15 uses shall be made an integral part of an office building as opposed to the singular use 16 of a building. Housing may also be a component of this district as provided for through 17 conditional use approval. 18 1. The following uses, as identified with a number from the Standard Industrial 19 Classification Manual (1987), or as otherwise provided for within this section are 20 permissible by right, or as accessory or conditional uses within the C-1 21 commercial professional and general office district. 22 a. Permitted uses. 23 * * * * * * * * * * * * 24 b. Accessory uses. 25 1. Uses and structures that are accessory and incidental to the 26 uses permitted as of right in the C-1, C 1!T district. # # # # # # # # # # # # # 4.06.02 Buffer Requirements 27 * * * * * * * * * * * * * 28 C. Table of buffer yards. 29 * * * * * * * * * * * * * 30 Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (A1) - B B B B B A A AA D A - A 2. Residential (E, RSF)single-family A A B B B B B C B * D B - C 3. Residential(RMF-6, RMF-12, RMF-16) multifamily A B A A A B B B B * D B - C 4. Residential tourist(RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial3 (C-1, C-1/T, C-2, C-3, C-4, C-5); A B B B B B A A A * D B B B Business Park(BP) 8. Industrial2 (I) A C B B B B A A2 A * D B B B 9. Public use (P), community facility(CF), Golf Course A B B B B B A A A * D B - C Clubhouse, Amenity Center 2 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C1\2.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1Treferences 060514.docx 6/5/2014 9:34:16 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 10. Planned unit development(PUD) D 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 12. Golf course maintenance building B B B B B B B B BB B AB C 13. Golf course - - - B - C 14.Automobile service station A C C B B B B B C * D CC D # # # # # # # # # # # # # 1 2 5.03.05 Caretaker Residences 3 4 The County Manager or designee may authorize the construction of a caretaker's residence in 5 the C-14, C-2, C-3, C-4, C-5, and I zoning districts subject to the following: 6 A. The residence shall be constructed as an integral part of the principal structure and 7 shall be entered from within the principal structure. Exits required to comply with fire 8 code shall be permitted. 9 B. The caretaker's residence shall be an accessory use and shall be for the exclusive use 10 of the property owner, tenant, or designated employee operating or maintaining the 11 principal structure. 12 C. Off-street parking shall be as required for a single-family residence in accordance with 13 section 4.04.00 14 D. Any other requirement which the County Manager or designee determines necessary 15 and appropriate to mitigate adverse impacts of such use in the district. 16 # # # # # # # # # # # # # 3 I:\2014 LDC Amendment Cycle 11Current LDCA Drafts\2.03.03 A.Commerical Zoning Dist.-Removing C1\2.03.03 A.C-1 Dst., 4.06.02 Buffer Reqs,5.03.05 Caretaker Res.-removing C1Treferences 060514.docx 6/5/2014 9:34:16 AM 9p ,v-1_, . ,-,. . } 'wR ,• ORDINANCE NO. 91-102 '"_ _, ++ .,.. At 1phment Y r'i, w ` ..1.•;'.. 4 ORDINANCE ENACTING AND ESTABLISHING A LAND ,. {N 'EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY, �� '. 4, LORIDA PURSUANT TO THE LOCAL GOVERNMENT''-'9�£Zl--t£O£4' COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ,; REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA, ' ' ' ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE _. FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, INTERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCEMENT, FEES, . LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, REPEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO • GENERAL, ZONING DISTRICTS, PERMITTED USES, . CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET PARKING AND LOADING, LANDSCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RELATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS) , VEGETATION REMOVAL PROTECTION AND • PRESERVATION, SEA TURTLE PROTECTION, ENDANGERED THREATENED OR LISTED SPECIES PROTECTION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE e PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT g' FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING • TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY • DEVELOPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPARTMENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY • BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, • DEFINITIONS, RELATINC TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEF;•NITIONS; PROVIDING FOR SECTION • • FOUR THAT THE LAND DEVELOPMENT CODE SETOUT HEREIN • • SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS • AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. Whereas, Chapter 163, Part II, Florida Statutes also known r;;, , as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code mandates the adoption of land development • ® end at • • • _1- ___ _ t 9 , ! r: * Ttv • ',• , : 1, ?.- ;•pMftfot 22 Zo2n1DtrtfFt;.Pennine?!Uses,Conditional Urr•Dimensional Standard; ,M1 _ ,,, : ' models. Said register shall be made available upon demand to the County Manager. In the event of owner/occupied lots within the TTRVC district,said owner is responsible for registering his '-ex'r;'`` or her arrival and departure from their recreation residence with the manager of the TTRVC park. . •. Failure to register will hold the owner responsible for penalties as herein provided.Failure of park �i•I-;- owner/manager to provide said register,duly describing the persons who have occupied a travel trailer or park model trailer,and the duration of their occupancy shall be guilty of a misdemeanor , I and subject to the penalties provided by this Code. Any proprietor or manager who maintains a • • '�'�" falsified register to allow persons to occupy a travel trailer or park model trailer within the TTRVC facility under their supervision and control for a period of time in excess of seven(7) M„ ;.;:, • • months shall be similarly guilty of a misdemeanor and subject to penalties as provided in this Code. r • -, . 2.2.11.4.16 flood Plaint Eleratiorr.All travel trailers,park model travel trailers, recreational vehicles and {,.: accessory structures shall meet flood plain elevation if permanently attached to the,ground or utility facilities. 52. . '''. ';;I.';'4,`' 2.2.11.4.17 AnchorinalSewer.Water ttndElectrical Connections.Park model travel trailers when positioned "44'a •' on a lot in this District must be anchored in accordance with the standards set forth in the Collier ti,` '.y : • County Mobile Home District(MH)and'TTRVC District and other applicable regulations and be connected to a public or private water and sewer system. Additionally,such units m t obtain • electrical service directly from the electric utility authorized to provide such service to Collier ^''x' County. • i,s k' 2.2.11.4.13. $uildinz Permit.A building permit shall be required for any permitted use prior to water,sewer or electric connection. #s ..-2.2.11.5 Eng. Aa required in Div.2.5. ;{' SEC.2.2.12 COMMERCIAL PROFESSIONAL/TRANSITIONAL DISTRICT fC-I/Tm. . . - • d Th 2.2.12.1 Purpose and Intene provisions of this district are intended to apply to areas located adjacent. `4' ' ,, to highways s and arterial roads.The C-1 Commercial Professional/Transitional District is intended if' to permit those uses which minimize pedestrian and vehicular traffic. Landscaping, controlled ., • ingress and egress,and other restrictions are intended to minimize frequent ingress and egress to .....i.: the highway from abutting uses.The C-1 District is designed to be compatible with all residential ' tY uses as well as residential uses located along arterials. This district is also intended to apply to t; •,i'. those areas that are transitional,located between areas of higher and lower intensity development . that are no longer appropriate for residential development.The uses in this district are intended • •• r as an alternative to retail and meet the intent of the C-I Commercial Professional/Transitional ' ' •,t.. District.Those areas identified an transitional(L•)shall be further noted on the zoning atlas as C- 4s1" 1/T.This district is consistent with the locational criteria for commercial and the goals,objectives -• ,t and policies as identified in the Future Land Use Element of the Collier County Growth r;+;• - Management Plan.The maximum density permissible in the Commercial Professional/Transitional • 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 v Management Plan.The maximum density permissible or permitted in a district shall not exceed ',, the density permissible under the Density Rati g System. c r«^, 11 0494.138 ' r alllrr CouneY 2-31 Ortaber d0,1991 t z ."..t1,.;:: - Land Development Cade • 4'1 4i �,��/ •"1 1wir yl ke �•.7,4*?may,t I'�i q Jt {'�� %s i !.,,-tp, csivbfos Z2 Zartln�lrgiru,re+m/neQ Usu.Cnrv!lNnnaf User.Plmenrlona!$tanCordr } r' k 2,2,12.2 Permitted Uses The following uses,as identified with a number from the Standard Industrial {' ` Clasaifnestion Manual(1987),or as otherwise provided for within this Section,are permitted as a • .s� of right,or as canes accessory to permitted rues in the C-1 Commercial ProfcssionalJ"I'ransitional , `° r'" District, i •fi rA 2.2.12.2.1 permitted Use: • r}x 1. Accounting,Auditing and Bookkeeping Services(8721) $ 4-•r1; ` 2. Automobile Puking(7521) ; '.'�: 3. Business Services(groups 7311,7313,7322-7331,7338,7361,7371,7372,7374-7376, ;i ,, 7379) '` : . - 4, Child Day Case Services(8351) S. Group Care Facilities(Category I End II); Care Units;and Nursing Homes; subject to ;'t u •r' Sec. 2.6.26. •' -"p 6. Engineering,Architectural,and Surveying Services(groups 8711-8713) •••.;,,s 7. Insurance Carriers, Agents and Brokers(groups 6311-6399,6411) y 8. Legal Services(8111) ': 9. Management and Public Relations Services(groups 8741-8743,8748) .'t- 10. Miscellaneous Personal Services(7291) lf'.. 11. Museums and Art Galleries(8412) ° ;c1 :" • 12. Nondepoaitory Credit Institutions(groups 6141-6163) -- ' 13. Real Estate(groups 6531-6541) 14. Any other commercial use of professional services which is comparable in nature with the foregoing uses. •• - 2.2.12.2.2 ysea Accr sory To Permitted Uses. ;VI 1. Uses and structures that are accessory and incidental to the uses permitted as of right in•rt y the C-I, C-1/T District. • '-•' ` 2. Caretakers residence, subject to Sec. 2.6.16. r•• .•••,#,_,i 2.2.123 Conditlort;l) Uses. The following uses are permissible as conditional uses in the Commercial rr Professional/Transitional District(C-1,C-1/T),subject to the standards and procedures established -N '?•ti in Div.2.7.4. • -''cif 1. Civic,Social and Fraternal Associations(8641) ,� § ', 2. Depository Institutions(groups 6011.6099) .:-.4, . 3. Educational Services(8211-8231) ,, 'fie �• 4.. Health Services(8011-8049) •`,y+?"-�. S. Increased building height to a maximum of fifty feet(50') • , 6. Mired residential and commercial uses subject to the following criteria: if +. , .-, a. A site development plan is approved pursuant to Div. 3.3 that is designed to P P PP P gn ' protect the character of the residential uses and of the neighboring lands; • 11'X',.... b. The commercial uses in the development may be limited in hours of operation, ? size of delivery trucks,and type of equipment; • ,.:,w. 049,E 139 w ',• Co1Nrr Cower 244 October 34,1991 3':! . :. land Development Code � 8«f'; t 9A .. .„,,,,,.. ,,,, •-•-,....b., c, , - .,.i.,..-,..,,,, - , ,, ,., ,,,..,;.,, ,:.-„, . i„; •.t .,.., . . . , u' .l . •;,, ;r:•• Dirldar 2.2 ZaoMI D1rMru,Prrmetted Usr:,Condirinned User,Di,nens10nat Slander* , ''. :, c. The residential uses are designed so that they are compatible with the -ilea:,;t,..; commercial uses;• "' d. Residential dwelling units are located above principle uses; 1 ::- •! '' e. Residential and commercial uses do not occupy the same floor of a ' ` building; ".•,,L1:4- ` f. The number of residential dwelling units shall be controlled by the dimensional , standards of the C-l/T District,together with the specific requirement that in no • ''`. instance shall the residential uses exceed fifty percent(50%)of the gross floor .**• '•• . area of the building or the density permitted under the Growth Management Plan; r .i g. Building height may not exceed two(2)stories; . .p5•- h. Each residential dwelling unit shall contain the following minimum floor areas: ;,,•... efficiency and one bedroom = four hundred fifty(450)sq.ft.; two bedroom= . `- six hundred fifty(650)sq.ft.;three bedroom = nine hundred(900).aq-ft.: T'' i. The residential dwelling units shall be restricted to occupancy b the owners or ' fp',a ' g by ,. lessees of the commercial units below; j. A minimum of thirty percent (30%) of the mixed use development 'shall be maintained as open apace.The following may be used to satisfy the open space requirements:areas used to satisfy water management requirements,landscaped areas,recreation areas,or setback areas not covered with impervious Surface or . used for parking (parking lot islands may not be used unless existing native A y;, vegetation is maintained); ‘ ra:` k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, • l>:.4. but not limited to,minimizing noise associated with commercial uses;directing $ commercial lighting away from residential units;and separating pedestrian and a•,.. vehicular access ways and parking areas from residential units, to the greatest .,f: extent possible. , • ,. ` - : 7. Nursing and Personal Care Facilities(8082) E. Personal Services(7261) '',''',,".'••: 9. Religious Organizations(8661) "�" :,2.2.12.4 pirnensional Standards, The following dimensional standards shall apply in the C-t, C-l/T �'�'' i.--r. District. ■ ' 42.2.12.4,1 hfutimgradaAna. Twenty thousand(20,000)sq. ft. :-.4:',..„.•, 2.2.12.4.2 Minimum Lot Width. One hundred(100')feet. , �' •1:,44{;..,. ' • 2.2.12.4.3 fyfininiwn Yard Requirements: • tip, ',' 1. front Yard-Twenty five feet(25') • ':r'':' 2. Side Yard -Fifteen feet(15') ...'-• 4 3. star Yard -Fifteen feet(IS') ?�` kr4 .- 4. Minimum Yard Requirement From Atn�esident llr Zoned or Used Property: ), ' Twenty five feet(25'). a} ; ,Cellirr Caary 2.35 Orrober 30,1991 1 -.."-,'• , ,Y-y .r, Yflst0!"""' it L',. ' 1i. Wi "'., t (• t r 1'4 sty.• .,;+;.'.' ;', ';'s /, phdt'fon 2.2 ZorAnjlNrtriru.Primates Mu•conditional thes.Dimertrtnnat Standard; g';` r1,¢''' 2.2.12.4.4 ]lfax,mtrrrt Height of Structures:'Thirty five feet(35') '' ri�,'ti ''srY.`r.•: 2.2.12.4.5 lalnimurnflaat Area of Principal Stnicturc: One thousand(1,000)sq. ft. for each building on ; ,, C the ground floor. , f`` ' - 'r%'''` 2.2.12.4.6 Maximum Lot Corexas{ei_[RESERVED] • - •. d"a.•"' :2.2.12.4.7 door Area Ratio: [RESERVED] • "'4"',s,'': 2.2.11.4.E Minimum Oft-Street Parking and 01T-Street Loading. As required in Div. 2.3. -;` 2 ,. ' • 2.2.12.4.9 jrandscaning. As required in Div.2.4. 2.2.12.4.10 L(gbtjpg.The maximum height of lights shall be twenty-five feet(25'). Lights shall be located , 't' `t so that no light is aimed directly toward a property designated residential,which is located within t4.-,„.;". two hundred feet(200')of the source of the light. r • � ' 2.2.12.5 Signs,.As required is Div.2.5.1. .4.,' ;, '$.: •�,.: 2.2.12.6 Additional Standards for C-llr. The following standards shall apply to the C-IR District in addition to the corresponding standards indicated above.These requirements are mandated in the Future Land Use Element of the Growth Management Plan. g. ' •2.2.12.6.1 Maximuru Lot Width.Two hundred feet(200'). -*:!,=;,. 2.2.12.6.2 Maximtan Floor Area. Twenty five thousand(25,000)square feet.•`-' '�-' 2.2.12.6.3 Traffic Generation. The proposed use must not generate in excess of ten :e' as: P P B percent(10%)of the ''t average daily traffic on abutting streets. 7•. SEC.2.2.13 COMMERCIAL CONVENIENCE DISTRICT(C-21. • .. a 2.2.13.1 Purpose and Intent.The purpose and intent of the Commercial Convenience District is to provide k', ■ lands where commercial establishments may be located to provide the small scale shopping and ' PP� 8 ':.0 x'i . • personal needs of the surrounding residential land uses within convenient travel distance. It.is intended that the C-2 District implements the Collier County Growth Management Plan within those areas designated Agricultural/Rural;Estates Neighborhood Center District of the Golden '� T,i,' Gate Master Plan;the Neighborhood'Center District of the Irnmokalee Master Plan;and the Urban ' • Mixed Use District of the Future Land Use Element permitted in accordance with the locational ,9,;" criteria for commercial and the goals,objectives and policies as identified in the Future Land Use - Element of the Collier County Growth Management Plan. The maximum density permissible in . l.' the Commercial Convenience District and the Urban Mixed Use land use designation gnation shall be guided,in part, Future t, by the Density Rating System contained in the Fut Land Use Element of the �..'. Collier County Growth Management Plan.The maximum density permissible or permitted in a , •.•..,: • district shall not exceed the density permissible under the Density Rating System. } ® (i49 P ArA141 •'fir:,' ,. Cater Comm, 2-36 October 30,199! !i'.-.'t lent Drwtoymsru Code k • t u . f7 y, ..•, 7, fMt ; 'Eti t ! • -c)}:4■ , .. . } i i Pr`t y r; 4 Attachment 2 �� A � 9 A • ORDINANCE NO.02- 0 3 • CAMSC t AN ORDINANCE AMENDING ORDINANCE NUMBER 91-110 ! AS AMENDED, THE COLLIER COUNTY LAN' ya DEVELOPMENT CODE, WHICH INCLUDES T I tie, 44 COMPREHENSIVE REGULATIONS FOR THE Jt 1,10101f 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 SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING THE ADOPTION OF THE IMMOKALEE NON-CONFORMING MOBILE HOME PARK OVERLAY DISTRICT, THE ADOPTION OF THE ACTIVITY CENTER # 9 OVERLAY DISTRICT, AND THE ADOPTION ON INTERIM ZONING CONTROLS IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT LOCATED IN THE VANDERBILT BEACH AREA,AND AMENDMENTS TO THE GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL OVERLAY DISTRICT, IMMOKALEE OVERLAY DISTRICT, SANTA BARBARA COMMERCIAL OVERLAY DISTRICT AND BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT; DIVISION 23. OFF-STREET PARKING AND LOADING; DIVISION 2.5. SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES;ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLAN DIVISION 3.5, EXCAVATION; DIVISION 3.6, WEL ° o CONSTRUCTION; DIVISION 3.16 GROUNDWATEg; PROTECTION; ARTICLE 6. DEFINITIONS, DIVISION 6. H i DEFINITIONS, INCLUDING BUT NOT LIMITED TO Tilt c- — DEFINITIONS FOR THE TERMS FRONT YARD, RIGHT-Obi= _ r WAY AND TRACT; SECTION FOUR; READOPTION OF LANTE° � DEVELOPMENT CODE AMENDMENTS, MORNII. SPECIFICALLY READOPTING THE FOLLOWING ARTICLE ZONING DIVISION 2.2, ZONING DISTRICTS, PERMITT USES, CONDITIONAL USES, DIMENSIONAL STANDARDS; AND DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; SECTION FIVE, ADOPTION OF AMENDED ZONING ATLAS MAP; SECTION SIX, REPLACEMENT OF APPENDIX C ENTITLED FINAL SUBDIVISION PLAT REQUIRED CERTIFICATIONS WITH A REVISED EXHIBIT C; SECTION SEVEN, CONFLICT AND SEVERABILITY; SECTION EIGHT, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION NINE, 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 Words stsacough are deleted,words underlined are added. 1 ' 9A DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS * * * * * * * * * * * Sec.2.2.2. Rural agricultural district(A). * * * * * * * * * * * 2.2.2.2.1. Permitted uses. * * * * * * * * * * * 9. Essential services,as set forth in section 2.6.9.1. 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. * * * * * * * * * * * 26. Essential services,as set forth in section 2.6.9.2. Sec.2.2.3. Estates district(E). * * * * * * * * * * * 2.2.3.2.1. Permitted uses. * * * * * * * * * * * 3. Essential services,as set forth in section 2.6.9.1. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district(E),subject to the standards and procedures established in division 2.7.4: * * * * * * * * * * * 7. Extraction or earthmining,and related processing and production not incidental to the development of the property subject to the following criterion. a. The site must be a maximum of 20 acres in size. The site area shall not exceed 20 acres. 8. Essential services,as set forth in section 2.6.9.2. Sec.2.2.12. Commercial professional and general office district(C-1) Y 2.2.12.1. Purpose and intent. - . a .. . ._. . . as residential uses located along arterials.The-C 1fT commercial .. . . .. - .. Y . Words struck rough are deleted,words underlined are added. 4 ` 9 • A r. subdistrict provisions. The C-1 commercial professional and general office district is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near,residential areas. Most C-1 commercial professional and general office districts are contiguous to,or when within a PUD will be placed in close proximity to residential areas,and therefore serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day,which extend into the evening_hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics,which are compounded when aggregations occur,certain personal service uses shall be permitted,to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. * * * * * * * * * * * 2.2A2.4.3. Minimum yard requirements. 1. Front yard. 25 feet_ - .. _ •- ..• _ _ -. .• -- . . - ach exterior wall,whichever is greater. 2. Side yard. 15 feet. e-- .. . -- ..• •-•_ . -..,. . - - exterior wall with a minimum of 15 feet. 3. Rear yard. 15 feet_ . .. -- .. . .- . -- . -- . - each exterior wall,whichever is the greater. * * * * * * * * * * * Sec.2.2.13. Commercial convenience district(C-2). 2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience district(C- 2)is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office uses carried forward from the C-1 district will expand the traditional neighborhood size. However,the intent of this district is that retail and service uses by of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis,as opposed to those goods and services that households seek for the most favorable economic price and therefore require much larger trade areas. It is intended that the C-2 district implements the Collier County growth management plan within those areas designated agricultural/rural;estates neighborhood center district of the Golden Gate Master Plan;the neighborhood center district of the Immokalee Master Plan;and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals,objectives and policies as identified in the future land use element of the Collier County growth management plan.The maximum density permissible in the commercial convenience district and the urban mixed use land use designation shall be guided,in part,by the density rating system contained in the future land use element of the Collier County growth management plan.The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Words str•�raele-trv3 ough are deleted,words underlined are added. 5 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Mike Bosi, AICP, Director DEPARTMENT: Planning&Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning Districts CHANGE: To allow for existing structures in the Commercial Two and Three (C-2 & C-3) Zoning Districts that exceed square footage allowances for specific permitted uses to be occupied by C-2 and C-3 permitted uses with equal or greater square footage without the need for a conditional use application and public hearing. REASON: The issue centers upon existing structures within these zoning districts that exceed the permitted square footage allowances that have been vacant for a period of over a year. In July of 2012, the Board as part of the LDC amendment process increased the time frame a Conditional Use could remain vacant before that Conditional Use expired from one hundred and eighty(180) days to one year. At the end of this one-year period any use that had similar square footage limitations that sought to occupy the structure would require a new conditional use. The LDC currently has no provision to allow that existing structure to be occupied by right by a similar use. During the March 12,2013 Board Public Hearing, under agenda item 11.A.,the Board provided direction to staff to "allow for the former Rex Electronics building located at 4436 Tamiami Trail East, Naples, Florida 34112 to be occupied by a proposed sporting goods apparel store as a permitted use and to bring back an LDC amendment to allow for existing structures that exceed square footage limitations of the C-2 and C-3 zoning districts for specific uses to be occupied by similar uses that have equal square footage limitations by right." This amendment will fulfill that specific Board directive. FISCAL & OPERATIONAL IMPACTS: The immediate fiscal impact will be experienced by the owner of the parcel of land with the existing vacant structure. With the amendment, no longer will the cost (potentially $10,000 or more) of a conditional use application and public hearing be required. Additionally, the amendment will allow for an inactive parcel of land to reintegrate within the overall economic mix of the County. RELATED CODES OR REGULATIONS: Land Development Code GROWTH MANAGEMENT PLAN IMPACT: No discernable impact. DSAC-LDR RECOMMENDATION: • Recommend that the square footage standards for all of the uses in the commercial zoning districts are addressed. 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 B Commercial Zoning Dist.-Existing Structures\2.03.03 B Commercial Zoning District_existing structures 061014 DSACLDR.docx 6/10/2014 3:37:14 PM a rr Text underlined is new text t be idaed. Bold text indicates a defined term DSAC RECOMMENDATIONS: • Supports DSAC-LDR Subcommittee recommendations CCPC RECOMMENDATIONS: None. OTHER NOTES/VERSION DATE: Prepared by Mike Bosi and Caroline Cilek. Amend the LDC as follows: 1 2.03.03 Commercial Zoning Districts 2 * * * * * * * * * * * * * 3 B. Commercial Convenience District (C-2). The purpose and intent of the commercial 4 convenience district(C-2) is to provide lands where commercial establishments may be 5 located to provide the small-scale shopping and personal needs of the surrounding 6 residential land uses within convenient travel distance except to the extent that office 7 uses carried forward from the C-1 district will expand the traditional neighborhood size. 8 However, the intent of this district is that retail and service uses be of a nature that can 9 be economically supported by the immediate residential environs. Therefore, the uses 10 should allow for goods and services that households require on a daily basis, as 11 opposed to those goods and services that households seek for the most favorable 12 economic price and, therefore, require much larger trade areas. It is intended that the C- 13 2 district implements the Collier County GMP within those areas designated 14 agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; 15 the neighborhood center district of the Immokalee Master Plan; and the urban mixed 16 use district of the future land use element permitted in accordance with the locational 17 criteria for commercial and the goals, objectives, and policies as identified in the future 18 land use element of the Collier County GMP. The maximum density permissible in the 19 C-2 district and the urban mixed use land use designation shall be guided, in part, by the 20 density rating system contained in the future land use element of the Collier County 21 GMP. The maximum density permissible or permitted in a district shall not exceed the 22 density permissible under the density rating system. 23 1. The following uses, as identified with a number from the Standard Industrial 24 Classification Manual (1987), or as otherwise provided for within this section are 25 permissible by right, or as accessory or conditional uses within the C-2 26 commercial convenience district. 27 a. Permitted uses. 28 * * * * * * * * * * * * * 29 75. An existing lawful structure over 1,800 sq. ft. as of[effective date 30 of this ordinance] may be occupied by any C-2 permitted use with 31 a 1,800 sq. ft. or greater limitation. 32 * * * * * * * * * * * * * 33 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 34 intermediate district (C-3) is to provide for a wider variety of goods and services intended 35 for areas expected to receive a higher degree of automobile traffic. The type and variety 36 of goods and services are those that provide an opportunity for comparison shopping, 37 have a trade area consisting of several neighborhoods, and are preferably located at the 38 intersection of two-arterial level streets. Most activity centers meet this standard. This 39 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.03 B Commercial Zoning Dist.-Existing Structures\2.03.03 B Commercial Zoning District_existing structures 061014 DSACLDR.docx 6/10/2014 3:37:14 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 districts typically aggregated in planned shopping centers. This district is not intended 2 to permit wholesaling type of uses, or land uses that have associated with them the need 3 for outdoor storage of equipment and merchandise. A mixed-use project containing a 4 residential component is permitted in this district subject to the criteria established 5 herein. The C-3 district is permitted in accordance with the locational criteria for 6 commercial and the goals, objectives, and policies as identified in the future land use 7 element of the Collier County GMP. The maximum density permissible in the C-3 district 8 and the urban mixed use land use designation shall be guided, in part, by the density 9 rating system contained in the future land use element of the Collier County GMP. The 10 maximum density permissible or permitted in the C-3 district shall not exceed the 11 density permissible under the density rating system. 12 1. The following uses, as identified with a number from the Standard Industrial 13 Classification Manual (1987), or as otherwise provided for within this section are 14 permissible by right, or as accessory or conditional uses within the commercial 15 intermediate district(C-3). 16 a. Permitted uses. 17 18 75. An existing lawful structure over 5,000 sq. ft. as of[effective date 19 of this ordinancel may be occupied by any C-3 permitted use with 20 a 5,000 sq. ft. or greater limitation. 21 # # # # # # # # # # # # # 3 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts12.03.03 B Commercial Zoning Dist.-Existing Structures12.03.03 B Commercial Zoning District_existing structures 061014 DSACLDR.docx 6/10/2014 3:37:14 PM f 4A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications and Collier County Planning Commission AUTHOR: Growth Management Division Staff and Collier County Planning Commission DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.03 Commercial Zoning District 2.03.04 Industrial Zoning District CHANGE: To broaden the "Physical Fitness Facility (7991)" use and allow Dance Studios and similar types of instruction (7911) as a permitted use in the Commercial Intermediate (C-3) and Industrial Zoning Districts. Currently, within the C-3 zoning district SIC (7911) is a conditional use; however, Physical Fitness (7991) is a permitted use. To be consistent, it is proposed that dance instruction is relocated to the permitted uses. In addition, to add "Miscellaneous services" (8999) use to the Industrial Zoning District as a permitted use. Commercial Intermediate (C-3) 7911: Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Industry 6512. (Strikethrough coveys use to be excluded from zoning district) • Ballroom operation • Children's dancing schools • Dance hall operation • Dance instructors • Dance studios and schools !I.• - • Professional dancing schools Industrial Zoning District: "Amusement and Recreation Services, Not Elsewhere Classified (7999)" Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM P9 Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term at shows or exhibitions are classified in Agricultural Services, Industry Group 075. (Underlying coveys uses to be added to zoning district) • Aerial tramways, amusement or scenic • Amusement concessions • Amusement rides • Animal shows in circuses, fairs, and carnivals • Archery ranges, operation of • Astrologers • Baseball instruction schools • Basketball instruction schools • Bath houses, independently operated • Bathing beaches,public • Betting information services • Billiard parlors • Bingo parlors • Boat rental,pleasure • Boats,party fishing: operation of • Bookies • Bookmakers, race • Bowling instruction • Bridge club, nonmembership • Bridge instruction • Cable lifts, amusement or scenic: operated separately from lodges • Canoe rental • Card rooms • Carnival operation • Cave operation • Circus companies • Concession operators, amusement devices and rides • Day camps • Exhibition operation • Exposition operation • Fairs, agricultural: operation of • Fireworks display service • Fishing piers ant lakes, operation of • Fortune tellers • Gambling establishments not primarily operating coin-operated • Gambling machines, except coin-operated operation of • Game parlors, except coin-operated 2 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts12.03.04 Industrial Dist._adding uses12.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term • Games,teaching of • Gocart raceway operation • Gocart rentals • Golf courses, miniature operation of • Golf driving ranges • Golf professionals not operating retail stores • Golf,pitch-n-putt • Gymnastics instruction • Handball courts, except membership club • Horse shows • Houseboat rentals • Hunting guides • Ice skating rink operation • Judo instruction • Karate instruction • Lifeguard service • Lotteries, operation of • Lottery club and ticket sales to individuals • Moped rental • Motorcycle rental • Natural wonders, tourist attraction: commercial • Observation tower operation • Off-track betting • Pack trains for amusement • Parachute training for pleasure • Phrenologists • Picnic grounds operation • Ping pong parlors • Pool parlors • Racquetball courts, except membership clubs • Rental of beach chairs and accessories • Rental of bicycles • Rental of golf carts • Rental of rowboats and canoes • Rental of saddle horses • Riding academies and schools • Riding stables • River rafting, operation of • Rodeo animal rental 3 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM 94t Text underlined is new text to be added. Bold text indicates a defined term • Rodeos, operation of • Roller skating rink operation • Scenic railroads for amusement • Schools and camps, sports instructional • Scuba and skin diving instruction • Shooting galleries • Shooting ranges, operation of • Skating instruction, ice or roller • Skeet shooting facilities, except membership clubs • Ski instruction • Ski lifts, cable lifts, and ski tows operated separately from lodges • Ski rental concessions • Slot-car racetracks • Sporting goods rental • Sports instructors,professional: golf, skiing, swimming, etc. • Sports professionals • Swimming instruction • Swimming pools, except membership • Tennis clubs, nonmembership • Tennis courts, outdoor and indoor operation of, nonmembership • Tennis professionals • Ticket sales offices for sporting events, contract • Tourist attractions, natural wonder commercial • Tourist guides • Trampoline operation • Trapshooting facilities, except membership club • Waterslides, operation of • Wave pools, operation of • Wax figure exhibitions • Yoga instruction "Miscellaneous services (8999)." This SIC code, referred to as "Services, Not Elsewhere Classified" by the U.S. Department of Labor includes the following uses. • Authors,Artists, and Related Technical Services, Independent • Record Production • Scientific and Related Consulting Services • Music Publishing • Actuarial Consulting • All Other Information Providers • Environmental Consultants 4 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses12.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM i9 Text underlined is new text to be added. Tcxt strikethrough is current text to be deleted. Bold text indicates a defined term REASON: The proposed addition of "Physical fitness facilities (7999)"originates with the several Staff Memos, dating to 2002. In 2002, it was originally determined that the Industrial Zoning District allowed for "physical fitness facilities, aerobic dance, fitness salons, and gymnasiums (SIC group 7991)." However, it further relayed that the zoning district did not allow for "dance studios (SIC group 7911)"or"karate,judo, or yoga instructions (SIC 7999). See Attachment 1. In 2003, the opinion was reversed and the identified that it was the intent of the LDC to allow for a "broad range of indoor activities relating to physical fitness" and that several uses were to be permitted in the Industrial Zoning District. This included: • Physical fitness, aerobic dance and exercise classes, weight-reduction exercise classes, gymnasiums, health clubs (SIC 7991; any activity identified under this classification) • Dance studio, dance instruction, dance school only (SIC 7911; all other uses in this category are not permitted) • Martial arts (e.g. karate, judo), yoga, gymnastic instruction, gymnastic schools, indoor recreation involving physical exercise (e.g., handball, tennis, swimming, racquetball) only(SIC 7999; all other uses in this category are not permitted) • Further, any other comparable uses that are not identified above, but can be clearly identified as falling within the category of physical fitness as determined by the Zoning Director,will also be permitted. The proposed amendment clarifies that all of these uses are allowed by right within the Industrial Zoning District. Further, for consistency within the LDC SIC 7911 is to be relocated from a conditional use in the C-3 zoning district and included within the "Physical fitness facility" use category in the permitted uses section. The relocation will align similar uses together within the zoning district. It is proposed that "Miscellaneous services (8999)" is included within the LDC to allow for independent artist studios in the Industrial Zoning District. The purpose and reason section of the Industrial Zoning code identifies that this district is to provide "...lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the Industrial district. Artist studios can be described as the on-site production of goods by hand manufacturing and the use of hand powered tools and small scale light mechanical equipment. If aligned with this description,this use is seen as having no negative external impacts on the surrounding properties. Further,the type of spaces sought for artist studio is comparable with the type of spaces,parking, and retail needs within the industrial district. As established in the LDC, 20 percent of the floor area may be dedicated to the retail sale of art wares. 5 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM ` 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts to the county. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: None. DASC RECOMMENDATIONS:None. CCPC RECOMMENDATIONS: Following the request and presentation of Anthony P. Pires, Jr. Esq., the Planning Commission has recommended that the following SIC codes are relocated from the conditional use section within the Industrial Zoning District to the permitted uses section: • Perfumes, cosmetics, and other toilet preparations (2844) • Soap: granulated, liquid, cake, fake, and chip (2841) Please see the following attachments,which document the information provided to staff and the Planning Commission: • Attachment 2 which was provided to staff via email on Wednesday,May 14th and distributed to the Planning Commission via email on Friday, May 16th for their consideration. It was also shared at the Planning Commission hearing on Monday, May 19th. • Attachment 3 was presented at the Planning Commission hearing on Monday,May 19th. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, February 2014, March 25, 2014, May 6, 2014, May 27, 2014 Amend the LDC as follows: 1 2.03.03 Commercial Zoning District 2 3 C. Commercial Intermediate District (C-3). The purpose and intent of the commercial 4 intermediate district (C-3) is to provide for a wider variety of goods and services intended 5 for areas expected to receive a higher degree of automobile traffic. The type and variety 6 of goods and services are those that provide an opportunity for comparison shopping, 7 have a trade area consisting of several neighborhoods, and are preferably located at the 8 intersection of two-arterial level streets. Most activity centers meet this standard. This 9 district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning 10 districts typically aggregated in planned shopping centers. This district is not intended 11 to permit wholesaling type of uses, or land uses that have associated with them the need 12 for outdoor storage of equipment and merchandise. A mixed-use project containing a 13 residential component is permitted in this district subject to the criteria established 14 herein. The C-3 district is permitted in accordance with the locational criteria for 15 commercial and the goals, objectives, and policies as identified in the future land use 6 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.04 Industrial Dist._adding uses\2.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 element of the Collier County GMP. The maximum density permissible in the C-3 district 2 and the urban mixed use land use designation shall be guided, in part, by the density 3 rating system contained in the future land use element of the Collier County GMP. The 4 maximum density permissible or permitted in the C-3 district shall not exceed the 5 density permissible under the density rating system. 6 1. The following uses, as identified with a number from the Standard Industrial 7 Classification Manual (1987), or as otherwise provided for within this section are 8 permissible by right, or as accessory or conditional uses within the commercial 9 intermediate district(C-3). 10 a. Permitted uses. 11 * * * * * 12 67. Photographic studios, portrait (7221). 13 68. Physical fitness facilities (7991; 7911, except discotheques). 14 [***Renumber existing 70-95 ***] 15 16 * * * * * * * * * * * * * 17 c. Conditional uses. The following uses are permissible as conditional 18 uses in the commercial intermediate district (C-3), subject to the 19 standards and procedures established in sections 4.02.02 and 10.08.00_ 20 * * * * * * * * * * * * * 21 6. Dance Studios, schools and halls (7911) 22 [***Renumber existing 7-24 ***] 23 # # # # # # # # # # # # # 24 25 26 27 2.03.04 Industrial Zoning District 28 * * * * * * * * * * * * * 29 A. Industrial District(I). The purpose and intent of the industrial district(I) is to provide lands 30 for manufacturing, processing, storage and warehousing, wholesaling, and distribution. 31 Service and commercial activities that are related to manufacturing, processing, storage 32 and warehousing, wholesaling, and distribution activities, as well as commercial uses 33 relating to automotive repair and heavy equipment sales and repair are also permissible 34 in the I district. The I district corresponds to and implements the industrial land use 35 designation on the future land use map of the Collier County GMP. 36 1. The following uses, as identified within the Standard Industrial Classification 37 Manual (1987), or as otherwise provided for within this section, are permitted as 38 a right, or as accessory or conditional uses within the industrial district (I). 39 a. Permitted uses. 40 * * * * * * * * * * * * * 41 33. Miscellaneous repair services (7622-7699) with no associated 42 retail sales. 43 34. Miscellaneous services (8999). 44 3435. Motor freight transportation and warehousing (4212, 4213-4225, 45 4226 except oil and gas storage, and petroleum and chemical bulk 46 stations). 47 3536. Outdoor storage yards pursuant to the requirements of section 48 4.02.12 49 3637. Paper and allied products (2621-2679). 50 38. Perfumes, cosmetics, and other toilet preparations (2844). 7 I:\2014 LDC Amendment Cycle 11Current LDCA Drafts\2.03.04 Industrial Dist._adding uses12.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM 9 4 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 .3739. Physical fitness facilities(7991)., (7911 except Discotheques, 2 7991, 7999 limited to baseball instruction, basketball instruction, 3 gymnastics instruction, ludo instruction, karate instruction, and 4 yoga instruction,). 5 .840. Printing, publishing and allied industries (2711-2796). 6 3041. Railroad transportation (4011, 4013). 7 4042. Real estate brokers and appraisers (6531). 8 4443. Rubber and miscellaneous plastics products (3021, 3052, 3053). 9 4244. Shooting range, indoor (7999). 10 45. Soap: granulated, liquid, cake, fake, and chip (2841). 11 4346. Stone, clay, glass, and concrete products (3221, 3231, 3251, 12 3253, 3255-3273, 3275, 3281). 13 [***Renumber existing 45-54 ***] 14 # # # # # # # # # # # # # 8 l:12014 LDC Amendment Cycle 11Current LDCA Drafts\2.03.04 Industrial Dist._adding uses12.03.03 C.Commercial Dist.2.03.04 Industrial Dist._adding uses 061314 CCPC Amended.dOCX 6/13/2014 9:45:58 AM ` 9 A Attachment 1 MEMONDUM Community Development& Environmental Services Division Department of Zoning&Land Development Review To: Front Counter Planners From: Ross Gochenaur, Senior Planner Date: 9 May 2006 Subject: Zoning for physical fitness uses, including martial arts and dance instruction The question of what zoning districts permit these.uses continually resurfaces. The above uses are permitted in C-3, C-4,C-5 and Industrial zoning. This is based on the reasoning expressed in Susan Murray's memo dated 24 December 2003, which groups these uses under the general heading of physical fitness, allowing them in the Industrial zoning district and by extension of this logic, in C-3, C-4 and C-5. Although the SIC code for physical fitness is SIC 7991,two other SIC codes are involved, because these codes include certain activity classified as physical fitness: 7991 (physical fitness)includes aerobic dance and exercise classes, weight-reduction exercise classes, gymnasiums and health clubs, and all uses under this category are permitted in the above districts; 7911 (dance studios, schools and halls)of which only dance studio, dance instruction, and dance schools are permitted in the above districts; and 7999 (amusement and recreation services)of which only martial arts(such as karate and judo), yoga, gymnastic instructions,gymnastic schools and indoor recreation involving physical exercise(such as handball,tennis, swimming,racquetball, etc) are permitted in the above districts. With regard to uses under the last two categories which do not constitute physical fitness,these are permitted as indicated in the LDC Use Tables. - P • filly_fi&#6 cer� S MEMOINDUM • • • Community Development& Environmental Services Division Department of Zoning&Land Development Review To: Zoninu Department Staff From: Sus.un Murray, AICP,Interim Zoning Director • Date: 24 December 2003 Subject: Indoor hysrcal Fitriess as a Permitted Use in Industrial Zoning There has been a great deal of confusion regarding the above use in the Industrial zoning district. This is primarily due to the various contemporary activities that typically fall within the broad category of indoor physical fitness and are typically associated with facilities commonly known as Health Clubs,Physical Fitness Centers and Gymnasiums. Several of .411 these activities are designated independently in Standard Industrial Classification Code categories other than the category specifically addressing physical fitness(SIC 7991). It is my opinion that the intent of the Code is to allow a broad range of indoor activities relating to physical Fitness, and that the following uses will be considered permitted in the industrial zoning district , regardless of whether the individual SIC code is identified as district: permitted in the • - Physical fitness, aerobic dance and exercise classes,weight-reduction exercise classes, g}ar1nasi urns, health clubs (SIC 7991; any activity identified under this classification) - Dance studio, dance instruction,dance school_only(SIC 7911;all other uses in this category are not permitted) - Martial arts (e.g., karate,judo),yoga, gymnastic instructions,gymnastic schools, indoor recreation involving physical exercise(e.g., handball,tennis, swimming,racquetball) only (SIC 7999: (ill other uses in this category are not permitted) Any other comparable uses that are not identified above,but can be clearly identified as • . hil ling within the category of physical fitness as determined by the Zoning Director, will also be permitted. Cc: Michelle Arnold, Code Enforcement Director • • • 9 A �0"4 j,-' Ast, c,,, Memorandum To: Current Planning Staff From: Susan Murray,AICP Current Planning Manager Date: August 14,2002 Sub-ect: Dance Studios and:.. _: Clarification regarding approvals of new Zoning Certificates within the Industrial Zoning District. The Industrial zoning district allows physical fitness facilities, aerobic dance,fitness salons,and gymnasiums (SIC group 7991). This is the only use permitted in the 79— Amusement and Recreation Services group permitted by right. The zoning district does not allow dance studios (SIC 7911) nor does the code allow karate;judo or yoga instructions (SIC 7999) in the industrial zoning district. However,based on a previous interpretation,these have been approved under the envelope of physical fitness facilities. Regardless of what has been done in the past,unless the code is amended allowing uses other than those specifically Iisted under SIC 7991,we cannot approve any new dance, karate,judo or yoga instructions in the Industrial Zoned Districts. However, in accordance with Section 1.8.3,if any non-conforming use ceases for a period of less than 180 days,the same use can occupy the building. Comnzunity Development&Environmental Services Division Services Attachment 2 WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW CRAIG R WOODWARD Boa,d C.-rcifiad:Real Ecau MARK J.WOODWARD May 14, 2014 BoariCertifiect Real Fame ANTHONY P.PIRES,JR. Board CertiScd:Cicg Count); and LecalConent Mark Strain, Chairman J.CHRISTOPHER LOMBARDO Collier County Planning Commission c ' 2800 North Horseshoe Drive and Family Law Naples, Florida 34104 ELEANOR W.TAFT Re: 2014 Land Development Code ("LDC") Cycle, Proposed Amendments Admittedto Rhode lsBar ,, Of Counsel To "I" Industrial District Regulations; LDC Section 2.03.04.A.la To Address ROBERT E MURRELL Soap Manufacturing. Of Caunsd Dear Mr. Strain: JENNIFER.L DEVRIES JENNIFER M. TENNEY I represent the Naples Soap Company concerning land use matters relating to the continuing ability of the Naples Soap Company to operate its MATTHEW P FLORES soap manufacturing•business at 2277 Trade Center Way, #102, Naples, J.TODD MURRELL Florida. That property is currently zoned "I" Industrial Zoning District. At the present time "soap manufacturing" has an SIC code of"2841" and thus is included within the category of "Chemical and allied products (2812- 2899)" in Section 2.03.04.A.1.c.3 of the LDC, as a conditional use. Upon a review of the various existing permitted uses in LDC Section 2.03.04.A.1.a, (see attached Exhibit "A") it is readily apparent that soap manufacturing is substantially less intensive than a great number of existing permitted uses in the "I" Zoning District. By way of example, I note the following existing "I" Zoning District permitted uses: REPLY TO 1. 17. Fabricated metal products (3411-3479, 3491-3499): which ® 3200TAMIAMI TRAIL N. includes 3471, "Electroplating, Plating, Polishing, Anodizing and SUITE 200 NAPLES.FL 34103 Coloring." Including chromium plating of metals and formed 239-649-6555 239-649-7342 FAX products, rechroming of auto bumpers and sandblasting of metal b06 BALD EAGLE DRIVE parts. (see attached Exhibit "B") SUITE 500 2. 29. Lumber and wood products (2426, 2431-2499): which includes MARCO ISLA BO 3ONE 2491, "Wood Preserving" (see attached Exhibit"C".) 239-394-5161 239-642-6402 FAX WWW.WPL—LEGALCOM 1 9 A 3. 32. Miscellaneous manufacturing industries (3911-3999): which includes: A. 3996, Linoleum, asphalt-felt base; B. 3914, Silverware, Plated Ware and Stainless Steel Ware; and, C: 3999, "Manufacturing Industries Not Elsewhere Classified"including cigar and cigarette lighters, matches and match books, tear gas devices and equipment. (see attached Exhibit "D") As part of your review of proposed amendments to the LDC and the permitted uses in the "I" Industrial Zoning District it is suggested and requested that the proposed revisions and amendment to the LDC be adopted (additions underlined): 1. Amend Section 2.03.04.A.1.c.3 to read as follows: "3. Chemical and allied products, (2812-2840, 2842-2899)." and 2. Amend Section 2.03.04.A.1.a.32 to read as follows: "32. Miscellaneous manufacturing industries (2841, 3911-3999)." Such language and text changes would be consistent with the numerous more substantial intense existing permitted manufacturing uses in the "I"Zoning District. We look forward to the Planning Commission's favorable consideration of this request and recommendation to the Collier County Board of County Commissioners. Sincerely nthon OfrOrires, s sq. APP/Ig Enclosure(s) Cc: with enclosure(s) Collier County Planning Commission Michael Bosi Caroline Cilek Ray Bellows Client 2 p . kl^ EXHIBIT "A" Municode 9 A 4g Print 2.03.04 Industrial Zoning Districts A. Industrial District(I). The purpose and intent of the industrial district(I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district(I). a. Permitted uses. 1• Agricultural services (0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying,disease control for crops, spraying crops, dusting crops, and insect control for crops, with or without fertilizing, shall be a minimum of 500 feet from a residential zoning district. 0722-0724, 0761, 0782, 0783). 2. Apparel and other finished products (2311-2399). 3. Ancillary plants. 4. Automotive repair, service, and parking(7513-7549). 5. Barber shops (7241). 6. Beauty shops or salons (7231). 7. Building construction (1521-1542). 8. Business services (7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (4812-4899 including communications towers up to specified heights, subject to section 5.05.09.). 10. Construction-Special trade contractors (1711-1799). 11. Crematories (7261). 12. Depository and non-depository institutions (6011-6163). 13. Eating places (5812). 14. Electronic and other electrical equipment(3612-3699). 15- Engineering, accounting, research, management and related services (8711-8748). 16. Essential services, subject to section 2,01.03 17. Fabricated metal products (3411-3479, 3491-3499). 18. Food and kindred products (2011-2099, except slaughtering plants). 19. Furniture and fixtures (2511-2599). 20. General aviation airport. 21. Gunsmith shops (7699). 22. Heavy construction (1611-1629). 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment(3511-3599). 25. Insurance agents, brokers, and service, including Title insurance(6361 and 6411). 26. Laundry, cleaning, and garment services (7211-7219). 27. Leather and leather products(3131-3199). EXHIBIT 28. Local and suburban transit (4111--4173). 29. Lumber and wood products (2426, 2431-2499). https//library.municode.com/...ibrary.municode.com%2fH TML%2f13992%2fleve12%2fCH2ZODNS 2.03.00ZODIPEUSACUSCOUS.html[5/13/2014 3:48:55 PM] Municode 30. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks(3812-3873). 31- Membership organizations (8611, 8631). 32. Miscellaneous manufacturing industries(3911-3999). 33. Miscellaneous repair services (7622-7699)with no associated retail sales. 34. Motor freight transportation and warehousing (4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 35. Outdoor storage yards pursuant to the requirements of section 4.02.12 36. Paper and allied products (2621-2679). 37. Physical fitness facilities(7991). 38. Printing, publishing and allied industries(2711-2796). 39. Railroad transportation (4011, 4013). 40. Real estate brokers and appraisers (6531). 41. Rubber and miscellaneous plastics products (3021, 3052, 3053). 42. Shooting range, indoor(7999). 43. Stone, clay, glass, and concrete products (3221, 3231, 3251, 3253, 3255-3273, 3275, 3281). 44. Textile mill products (2211-2221, 2241-2259, 2273-2289, 2297, 2298). 45. Title abstract offices (6541). 46. Transportation equipment (3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 47. Transportation by air(4512-4581). 48. Transportation services (4724-4783, 4789 except stockyards). 49. United States Postal Services (4311). 50. Vocational schools (8243-8249). 51. Welding repair(7692). 52. Wholesale trade—Durable goods (5012-5014, 5021-5049, 5063-5092, 5094-5099). 53. Wholesale trade—nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district(5192-5199). 54. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of June 8, 2010, without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non-conforming uses in accordance with the LDC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre- disaster condition. b. Accessory uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the I district. 2. Caretaker's residence, subject to section 5.03`05 . 3- Retail sales and/or display areas as accessory to the principal use, excluding automotive sales and/or display areas, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use, and subject to retail standards for landscaping, parking and open space. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like -applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. -C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two(72) httpsJ/library.municode.com/...ibrary.municode.com%2fHTML%2fl3992%2flevelTY02fCH2ZODNS 2.03.00ZODIPEUSACUSCOUS.html[5/13/2014 3:48:55 PM] Municode 9 A consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing -applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. -C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two(72)consecutive hours. c. Conditional uses.The following uses are permitted as conditional uses in the industrial district (I), subject to the standards and procedures established in section 10.08.00 1. Adult day care centers (8322). i• Shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. ii. Shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. Shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. iv. Shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. 2. Child day care services (8351), provided: i• All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. a) For purposes of this subsection, the following definitions shall apply: i) Hazardous materials:A material that has any of the following properties; ignitable, corrosive, reactive and/or toxic. ii) Toxic substances: A substance which is or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. ii. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. ill- It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. iv. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. v It shall provide a minimum usable open space of not less than thirty(30) percent of the total square footage of the lot area. vi. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five(5)feet in height, to be constructed of wood, masonry or other approved material. vii. It shall provide a landscape buffer in accordance with Section 4.06.00 viii. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code. ix. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subsections i.through—viii. above, with the exceptions of subsections iv.and v., shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. 3. Chemical and allied products (2812-2899). 4. Communications (groups 4812-4899 including communications towers that exceed specified heights subject to all requirements of section 5.05.09.). https://library.municode.corn/...ibrary.municode.com%2fHTML%2fl3992%2flevel2%2fCH2ZODNS 2.03.00ZOD1PEUSACUSCOUS.html[5/13/2014 3:48:55 PM] Municode <' nA 5. Electric, gas, and sanitary services (4911--4971). 6. Fabricated metal products (3482-3489). 7. Food and kindred products (2011 and 2048 including slaughtering plants for human and animal consumption). 8. Heliports/Helistops, public and private: For restrictions and conditions see section 5.05.14 Heliports and Helistops. 9. Leather tanning and finishing (3111). 10. Lumber and wood products (2411, 2421, 2429). 11. Motor freight transportation and warehousing (4226, oil and gas storage, and petroleum and chemical bulk stations, but not located within 500 feet of a residential zoning district). 12. Oil and gas extraction(1321, 1382). 13. Paper and allied products (2611). 14. Petroleum refining and related industries(2911-2999). 15- Primary metals industries (3312-3399). 16. Refuse systems (4953). 17. Rubber and miscellaneous plastics products (3061-3089). 18. Stone, clay, glass, and concrete products (3211, 3229, 3241, 3274, 3291-3299). 19. Textile mill products (2231, 2261-2269, 2295, 2296). 20. Transportation by air(4581 airport flying fields). 21. Transportation services (4789 stockyards). 22. Vehicle racing -applicable to the Immokalee Regional Airport only. 23. Wholesale trade-durable goods (5015, 5051, 5052, 5093).Wholesale trade-nondurable goods (5162, 5169, 5171, 5172, 5191). 24. Homeless shelters. 25. Soup kitchens. 26. Any other industrial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals pursuant to section 10.08.00 B. Business Park District(BP).The purpose and intent of the business park district(BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the urban mixed use, urban commercial, and urban-industrial districts of the future land use element of the Collier County GMP. 1• The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary or secondary uses, or are conditional uses within the business park district. a. Permitted primary uses. One hundred percent of the total business park district acreage is allowed to be developed with the following uses: 1. Aircraft and parts (3721-3728). 2. Apparel and other finished products (2311-2399). 3. Business services (7311). 4. Communications (4812-4899 including communication towers limited in height to 100 feet and subject to section 5.05.09.). 5- Construction: Special trade contractors (1711-1799). 6. Depository and non-depository institutions (6011, 6019, 6081, 6082). 7. Drugs and medicines (2833-2836). 8. Eating places (5812 not including fast foods, walk-up windows and drive-thru restaurants). 9. Educational services (8221-8299). httpsJ/library.municode.com/...ibrary.municode.com%2tHTM L%2fl3992%2flevel2%2fCH2ZODNS 2.03.00ZODIPEUSACUSCOUS.htmi[5/13/2014 3:48:55 PM1 9A Municode 10. Electronic and other electrical equipment manufacturing (3612-3699). 11. Engineering, accounting, research, management and related services (8711-8748). 12. Food manufacturing (2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099). 13. Furniture and fixtures manufacturing(2511-2599). 14. Government offices/buildings (9111-9222, 9224-9229, 9311, 9411-9451, 9511- 9532, 9611-9661). 15. Health services (8011-8049). 16. Industrial and commercial machinery and computer equipment(3511-3599). 17. Industrial inorganic chemicals (2812-2819). 18. Job training and vocational rehabilitation services (8331). 19. Leather and leather products (3131-3199). 20. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (3812-3873). 21- Medical laboratories and research and rehabilitative centers(8071, 8072, 8092, 8093). 22. Miscellaneous manufacturing industries(3911-3999). 23. Motion picture production (7812-7819). 24. Motor freight transportation and warehousing (4225 mini-and self-storage warehousing only and subject to the following criteria: i. The use of metal roll-up garage doors located on the exterior of the perimeter buildings and walls of buildings which are visible from a public right-of-way is prohibited; and ii. Access to individual units whether direct or indirect must be from the side of a building that is oriented internally; No building shall exceed 100 feet in length when adjacent to a residential zoning district; iv. No outdoor storage of any kind is permitted; and v Storage units shall be utilized for storage purposes only. 25. Paper and allied products(2621-2679). 26. Plastic materials and synthetics (2821, 2834). 27. Printing, publishing and allied industries(2711-2796). 28. Rubber and miscellaneous plastics products (3021, 3052, 3053). 29. Security/commodity brokers(6211); 30. Transportation equipment(3714, 3716, 3731, 3732, 3751, 3792, 3799). 31. United States Postal services (4311). 32. Wholesale trade durable goods (5021, 5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099). 33. Wholesale trade nondurable goods (5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district(5192-5199). 34. Any other use which is comparable in nature with the forgoing uses and is otherwise clearly consistent with the intent and purpose statement of the district. b. Permitted secondary uses accessory to the business park district. Development is limited to a maximum of 30 percent of the total acreage of the business park district for the following uses: 1. Business services (7312, 7313, 7319, 7331, 7334-7336, 7342, 7349, 7352, 7361, 7363, 7371-7384, 7389). 2. Child day care services (8351). 3. Depository and non-depository institutions (6021-6062, 6091, 6099, 6111-6163). 4. Drug stores (5912, limited to drug stores and pharmacies) in conjunction with health services group and medical laboratories/research/rehabilitative groups. 5. Hotels (7011 hotels only). Maximum density 26 units per acre when located within activity httpsJ/library.municode.com/...ibrary.municode.com%2fHTML%2fl3992%2fleve12%2fCH2ZODIUS 2.03.00ZODIPEUSACUSCOUS.htm1[5/13/2014 3:48:55 PM] Municode 9 14 centers and 16 units per acre when located outside activity centers. The maximum floor area ratio for hotels shall not exceed a factor of 0.60. 6. Membership organizations (8611); business associations (8621); professional organizations (8631); labor unions and similar labor organizations. 7. Personal services (7215-7231, 7241). 8. Physical fitness facilities and bowling centers(7991, 7933). 9. Professional offices; insurance agencies (6411); insurance carriers (6311-6399); real estate(6531, 6541, 6552, 6553); holding and other investment offices (6712-6799); attorneys (8111). 10. Travel agencies (4724). c. Accessory uses to permitted primary and secondary uses: 1. Uses and structures that are accessory and incidental to uses permitted as of right in the BP district. 2. Caretaker's residence, subject to section 5.03.05 3. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20 percent of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 4. Recreational vehicle campground and ancillary support facilities when in conjunction with temporary special events such as air shows and the like -applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. -C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. 5. Recreational vehicle campground and ancillary support facilities when in conjunction with vehicle racing -applicable to the Immokalee Regional Airport only, and subject to the provisions of section 5.05.10.C.1. - C.6. of this Code. Recreational vehicles, tents, and other structures and facilities allowed in the campground for temporary habitation, shall be allowed for no more than seventy-two consecutive hours. d. Conditional uses: 1. Ancillary plants. 2. Vehicle racing -applicable to the lmmokalee Regional Airport only. (Ord. No. 08-11. §3.G; Ord. No.08-63,§3.D; Ord. No. 10-23,§3.G) https://library.municode.com/...ibrary.municode.comV02fHTML%2fl 3992%2fleve12%2fCH2ZODIUS 2.03.00ZODIPEUSACUSCOUS.htm1[5/13/2014 3:48:55 PM] i i a' EXHIBIT "B" 9 A Description for 3471:Electroplating,Plating,Polishing,Anodizing,and Coloring ThUNITED STATES SEARCH DEPARTMENT OF LA E G R A to Z Index { Newsroom ! Contact Us FAQs I About OSHA OSHA SHARE pro DSH A QuickTakes Newsletter RSS Feeds Occupational Safety &Health Administration We Can Help What's New I Offices OSHA Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business Anti-Retaliation Division D: Manufacturing • •'I, • yr Yi• %MA 1 .I h• 1'1-I :4• I%1 •. I1 i•I r '.rti'I Industry Group 347:Coating,Engraving,And Allied Services 3471 Electroplating,Plating,Polishing,Anodizing,and Coloring Establishments primarily engaged in all types of electroplating,plating,anodizing,coloring,and finishing of metals and formed products for the trade.Also induded in this industry are establishments which perform these types of activities,on their own account,on purchased metals or formed products.Establishments that both manufacture and finish products are classified according to the products. • Anodizing of metals and formed products,for the trade • Buffing,for the trade • Chromium plating of metals and formed products,for the trade • Cleaning and descaling metal products,for the trade • Coloring and finishing of aluminum and formed products,for the • Decontaminating and cleaning of missile and satellite parts,for the • Decorative plating and finishing of formed products,for the trade • Depolishing metal,for the trade • Electrolizing steel,for the trade • Electroplating of metals and formed products,for the trade • Finishing metal products and formed products,for the trade • Gold plating,for the trade • Plating of metals and formed products for the trade • Polishing of metals and formed products,for the trade • Rechroming auto bumpers,for the trade • Sandblasting of metal parts,for the trade • Tumbling(cleaning and polishing)of machine parts,for the trade [sr.Seardi I I Nalar ID Ct uctu ] Freedom of Information Act Privacy &Security Statement I Disclaimers I Important Web Site Notices International I Contact Us U.S Department,of Labor I Occupational Safety&Health Adminishat. a r rr Or,t✓aution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSIj (6742)'I r87 889=5627 www.OSHA.gov EXHIBIT https://www_osha.gov(pls/imisisic manual.display?id=737&talcdescription[5f13/20144:01:00 PM] 9A EXHIBIT „C" Description for 2491:Wood Preserving 9 A UNITED STATES SEARCH DEPARTMENT O F LABOR A to 2 Index I Newsroom I Contact Us I FAQs About OSH OSHA SHARE prra- )SHA QuickTakes Newsletter RSS Feeds Occupational Safety&Health Administration We Can Help What's New Offices Qom, Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business Anti-Retaliation Division D:Manufacturing Major Grouo 24:Lumber And Wood Products.Exceot Furniture Industry Group 249:Miscellaneous Wood Products 2491 Wood Preserving Establishments primarily engaged in treating wood,sawed or planed in other establishments,with creosote or other preservatives to prevent decay and to protect against fire and insects.This industry also includes the cutting,treating,and selling of poles,posts,and piling,but establishments primarily engaged in manufacturing other wood products,which they may also treat with preservatives,are not included. • Bridges and trestles,wood:treated • Creosoting of wood • Crossties,treated • Flooring,wood block:treated • Millwork,treated • Mine props,treated • Mine ties,wood:treated • Piles,foundation and marine construction:treated • Piling,wood:treated • Poles and pole crossarms,treated • Poles,cutting and preserving • Posts,wood:treated • Preserving of wood(creosoting) • Railroad cross bridge and switch ties treated • Railway crossties,wood:treated • Structural lumber and timber,treated • Vehicle lumber,treated • Wood fence:pickets,poling,rails-treated • Wood products,creosoted [=Loral I Divicinn StnrrterP(Major Gratin Storrtinp] Freedom of Information Act Privacy &Security Statement Disclaimers I Important Web Site Notices International Contact Us :$Health Administration 12i e® r sire 4,1) `i ; e ii' r Te ephone.800-321-OSHA(6742) I TTY.877-889=5627 www.OSHA.gov EXHIBIT httpsJ lwww.osha.govipls/imis/sic manual.display?ie1=552 8etat=description[5/13/2014 3:59:55 PM] 9q EXHIBIT "D" Description for 3914:Silverware,Plated Ware,and Stainless Steel Ware ' 9A (72-% UNITED STATES 5EARai DEPARTMENT O F LABOR A to 2 Index Newsroom Contact Us FAQs I About OSH• OSHA O SHARE m If s_ )SHA Quickrakes Newsletter RSS Feeds Occupational Safety &Health Administration We Can Help what's New I Offices OSHA Home Workers Regulations Enforcement Data B.Statistics Training Publications Newsroom Small Business Anil-Retaliation Division D:Manufacturing Major Group 39:Miscellaneous Manufacturing Industries Industry Group 391:Jewelry,Silverware,And Plated Ware 3914 Silverware,Plated Ware,and Stainless Steel Ware Establishments primarily engaged in manufacturing flatware(including knives,forks,and spoons), hollow ware,ecclesiastical ware,trophies,trays,and related products made of sterling silver; of metal plated with silver,gold,or other metal;of nickel silver;of pewter; or of stainless steel.Also included are establishments primarily engaged in manufacturing table flatware with blades and handles of metal.Establishments primarily engaged in manufacturing other metal cutlery are classified in Industry 3421,and those manufacturing metal trophies,trays and toilet ware,other than silver,nickel silver,pewter,stainless steel,and plated,are classified in Industry 3499. • Carving sets,with metal handles and blades • Cutlery,with metal handles and blades • Ecclesiastical ware:silver,nickel silver,pewter,and plated • Flatware,table with metal handles and blades • Hollow ware,silver,nickel silver pewter,stainless steel,and plated • Loving cups,silver,nickel silver,pewter,and plated • Silversmithing • Silverware:nickel silver,silver plated, • Solid silver,and sterling • Table and kitchen cutlery,all metal • Toilet ware:silver,nickel silver,pewter,and plated • Trays:silver,nickel silver,pewter, • Trophies:silver,nickel silver,pewter,and plated [SIC_Search I Division Structure I Majir...GMUgltn=re Freedom of Information Act Privacy &Security Statement Disclaimers Important Web Site Notices International Contact Us u . °:u it•.r"A" i� t•.•.na �` '`, eath Administration IT• i"r ve;' rr, th's •rn;.o 20 r =r! Telephone:800.321-0511A(6742) I TTY:877-.•.9 www OSHA.gov EXHIBIT hops•J/www.osha.govlpls/imis/sic_manual.display?id-875&tab-description[5I13/20I4 4:03:07 PM) 1099 04,4 Description for 2841: Soap and Other Detergents,Except Specialty C... https://www.osha.gov/p1s/imis/sic manual.display?id=611&tab=desc... Attachment 3 Jt :): r El ; 1 rl I SEARCH I A to Z Index 1 Newsroom 1 Contact Us i FAQs I About OSHA OSHA c SHARE rYQ_i )SHAQuickTakes Newsletter , RSS Feeds Occupational Safety&Health Administration We Can Help What's New I Offices USFIA; Home 1 Workers Regulations Enforcement Data&Statistics Training Publications 1 Newsroom Small Business Anti-Retaliation Division D:Manufacturing Major Group 28;Chemicals And Allied Products Industry Group 284:Soap,Detergents,And Cleaning Preparations;Perfumes,Cosmetics,and Other Toilet Preparations 2841 Soap and Other Detergents,Except Specialty Cleaners Establishments primarily engaged in manufacturing soap,synthetic organic detergents,inorganic alkaline detergents,or any combination thereof,and establishments producing crude and refined glycerin from vegetable and animal fats and oils.Establishments primarily engaged in manufacturing shampoos or shaving products,whether from soap or synthetic detergents,are classified in Industry 2844;and those manufacturing synthetic glycerin are classified in Industry 2869. • Detergents,synthetic organic and inorganic alkaline • Dishwashing compounds • Dye removing cream,soap base • Glycerin,crude and refined:from fats except synthetic • Mechanics'paste • Presoaks • Scouring compounds • Soap:granulated,liquid,cake,flaked,and chip •Textile soap • Washing compounds [SIC Search I Division Structure I Major Group Structure] • Freedom of Information Act 1 Privacy&Security Statement I Disclaimers I Important Web Site Notices I International I Contact Us U.S.Department of Labor I Occupational Safety&Health Administration 1 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 www.OSHA.gov N,. 1 of 1 5/19/2014 3:29 PM Description for 2844:Perfumes,Cosmetics,and Other Toilet Preparations https://www.osha.gov/p1s/imis/sic manual.display?id=614&tab=desc... I ii 15 wail A to Z Index J Newsroom I Contact Us I FAQs J About OSHA OSHA C1 SH RE t'F-C_I %SHA QuickTakes Newsletter J RSS Feeds Occupational Safety&Health Administration We Can Help What's New Offices l OSHA Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business Anti-Retaliation Division D:Manufacturing Major Group 28:Chemicals And Allied Products Industry Group 284:Soap,Detergents,And Cleaning Preparations;Perfumes,Cosmetics,and Other Toilet Preparations 2844 Perfumes,Cosmetics,and Other Toilet Preparations Establishments primarily engaged in manufacturing perfumes(natural and synthetic),cosmetics,and other toilet preparations.This industry also includes establishments primarily engaged in blending and compounding perfume bases;and those manufacturing shampoos and shaving products,whether from soap or synthetic detergents.Establishments primarily engaged in manufacturing synthetic perfume and flavoring materials are classified in Industry 2869,and those manufacturing essential oils are classified in Industry 2899. • Bath salts • Bay rum • Body powder • Colognes • Concentrates,perfume • Cosmetic creams • Cosmetic lotions and oils • Cosmetics • Dentifrices • Denture cleaners • Deodorants,personal • Depilatories,cosmetic ■ Dressings,cosmetic • Face creams and lotions • Face powders • Hair coloring preparations • Hair preparations:dressings,rinses,tonics,and scalp conditioners • Home permanent lots • Lipsticks • Manicure preparations • Mouthwashes ■ Perfume bases,blending and compounding • Perfumes,natural and synthetic • Sachet • Shampoos,hair ■ Shaving preparations:e.g.,cakes,creams,lotions,powders,tablets • Soap impregnated papers and paper washcloths • Suntan lotions and oils ■Talcum powders •Toilet creams,powders,and waters •Toilet preparations •Toothpastes and powders •Towelettes,premoistened • Washes,cosmetic [SIC Search J Division Structure J Major Group Structure] Freedom of Information Act I Privacy&Security Statement J Disclaimers I Important Web Site Notices I International J Contact Us U.S.Department of Labor I Occupational Safety&Health Administration J 200 Constitution Ave.,NW,Washington,DC 20210 Telephone:800-321-OSHA(6742) I TTY:877-889-5627 www.OSHA.gov 1 of 1 5/19/2014 3:28 PM 9A ' Description for 3999:Manufacturing Industries,Not Elsewhere Classified teTh UNITED STATES LsEARai DEPARTMENT O F LABOR A to Z Index i Newsroom Contact Us I FAQS About OSHA OSHA -� SHARE E Eli® OSHA Quick Takes Newsletter RSSS Feeds Occupational Safety & Health Administration We Can Help what's New I Offices OSHA Home Workers Regulations Enforcement Data&Statistics Training Publications Newsroom Small Business Anti-Retaliation Division D: Manufacturing Major Group 39:Miscellaneous_Manufacturinq Industries Industry Group 399:Miscellaneous Manufacturing Industries 3999 Manufacturing Industnes,Not Elsewhere Classified Establishments primarily engaged in manufacturing miscellaneous fabricated products,including beauty shop and barber shop equipment;hair work;tobacco pipes and cigarette holders;coin- operated amusement machines; matches;candles;lamp shades;feathers; artificial trees and flowers made from all materials,except glass;dressed and dyed furs;umbrellas,parasols,and canes;and other articles,not elsewhere classified. • Advertising curtains • Amusement machines.coin-operated:except coin-operated • Artificial and preserved flowers,foliage,fruits,and vines:except • Artificial flower arrangements • Atomizers,other than medical • Badges for policemen and firemen-metal • Barber shop equipment • Barbers'clippers,hand and electric • Beach umbrellas • Beaded novelties • Beads,unassembled • Beauty shop equipment • Beekeeping supplies,except wood • Bone novelties • Book matches • Boutiquing:for the trade(decorating gift items) • Bric-a-brac • Bristles,dressing of • Burnt wood articles • Buttons: Red Cross,union,and identification • Calendars,framed • Candles • Canes and cane trimmings,except precious metal • Chairs,hydraulic:barber and beauty shop • Christmas tree ornaments,except electrical and glass • Christmas trees,artificial • Cigar and cigarette holders • Cigarette filters,not made in chemical plants • Cigarette lighter flints • Cleaners,pipe and cigarette holder • Combs,except hard rubber • Curlers,hair:designed for beauty parlors • Curls,artificial(hair) • Decalcomania work,except on china or glass:for the trade • Desk pads,except paper • Doll wigs • Down(feathers) • Dressing of furs:bleaching,blending,currying,scraping,and tanning • Driers,hair:designed for beauty parlors • Dusters,feather • Embroidery kits • Feathers:curling,dyeing,and renovating for the trade • Figures,wax:mannikins • Fingerprint equipment,except cameras and optical equipment • Fire extinguishers,portable • Flocking metal products for the trade • Fly swatters • Forms:display,dress,and show except shoe display forms • Frames and handles,handbag and luggage: except precious metal • Fruits,artificial,except glass • Fur stripping • Furniture,beauty shop and barber shop • Furs,dressed:bleached,curried,scraped,tanned,and dyed EXHIBIT • Games,coin-operated:pinball and other https J/www.osha.govfpls/imis/sic,rnanuaLdisplay?id=1012&tab description[5/13/2014 4:03:52 PM] Description for 3999:Manufacturing Industries,Not Elsewhere Classified 9A Globes,geographical • Gold stamping for the trade,except books • Glass • Grenades,hand(fire extinguishers) • Grinding purchased nut shells • Hair clippers for human use,hand and electric • Hair goods:braids,nets,switches,toupees,and wigs • Hair,dressing of,for the trade • Hairpin mountings • Hat blocks and display forms • Honeycomb foundations(beekeepers'supplies) • Hosiery kits,sewing and mending • Identification plates • Identification tags,except paper • Lamp shade frames • Lamp shades:except metal and glass • Lighters,cigar and cigarette:except precious metal and electric • Mannikins and display forms • Marionettes(puppets) • Massage machines,electric: designed for beauty and barber shops • Matches and match books • Military insignia,except textile • Models,except toy and hobby • Mosaics: ivory,shell,horn,and bone • Mountings,comb and hairpin:except precious metal • Music boxes • Musical chests • Novelties:bone,beaded,and shell • Pads,permanent waving • Painting instrument dials,for the trade • Parasols and frames:handles, parts,and trimmings-except precious • Pelts:scraping,currying,tanning,bleaching,and dyeing • Permanent wave equipment and machines • Picture plaques,laminated • Pipes,pipe stems,and bib:tobacco-except hard rubber • Plaques,picture:laminated • Plumes,feather • Preparation of slides and exhibits,for classroom use • Printing eyeglass frames for the trade • Puppets • Scenery for theaters,opera houses halls,and schools • Sewing kits,novelty: other than sewing cases and cabinets • Shades,lamp and candle:except glass and metal • Shell novelties • Shoe patterns • Slot machines • Smokers,bee(beekeepers'supplies) • Soap dispensers • Sponges,bleaching and dyeing of • Stage hardware and equipment,except lighting equipment • Stereographs,photographic • Sterilizers,beauty and barber shop • Straw goods • Stringing beads for the trade • Tape measures • Tear gas devices and equipment • Tinsel • Transformations,hair • Treating clock and watch dials with luminous material • Trees,Christmas,artificial • Trimmings,feather • Umbrellas and parts,except precious metal • Umbrellas: beach,garden,and wagon • Veils made of hair • Vibrators,electric:designed for beauty and barber shops • Walnut shell flour • Wigs,including doll wigs,toupees,or wiglets,except custom made • Wind chimes • Wool pulling • Wreaths,artificial [SIC Seart I Division Structure I Major Group Structure] Freedom of Information Act , Privacy &Security Statement I Disclaimers I Important Web Site Notices I International Contact Us U.S.Department of Labor I gccvpational Safety&Health Administration 1 200 Constitution Ave.=r" "a 1 , a '44 of Telephone:800-321-OSHA(6742) I TTY:877-889-5627 - www.OSHA.gov https J/www.osha.gov/pls/imis/sic manual.display?id-1012&tai Fdescription[5/13/20144:03:52PM] 9A Text underlined is new text to be added. Text strikethrough is current text to be dcictcd. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Mike Bosi,AICP,Director DEPARTMENT: Planning&Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.07 Overlay Zoning Districts CHANGE: To extend the early entry bonus for the Rural Fringe Mixed Use District Transfer of Development Rights (TDR)program an additional three years to March 27, 2015. REASON: As part of the Board adopted 2011 Evaluation and Appraisal Report (EAR) and subsequent EAR-based Growth Management Plan amendments, the Board extended the early entry date for the early entry bonus TDR credit an additional three years to March 27, 2015. The EAR report was adopted by the Board on January 31, 2011 through Resolution#2011-24 and the EAR based GMP amendments were adopted on January 8, 2013 through Ordinance #2013-15. While the early entry date was extend through Ordinance#2013-15,the Land Development Code (LDC)has not been updated to reflect the early entry bonus date change initiated within the 2011 EAR report. The proposed LDC amendment will align the early entry bonus TDR expiration date within the LDC with the amended date in the Future Land Use Element(FLUE) of the GMP. FISCAL & OPERATIONAL IMPACTS: There are no identified fiscal impacts to the County. The extension of the early entry bonus will provide property owners in the sending land designation to gain an extra credit when severing TDRs, which is a positive fiscal impact. RELATED CODES OR REGULATIONS: Land Development Code. GROWTH MANAGEMENT PLAN IMPACT: No discernible impact. DASC-LDR RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: None. CCPC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Mike Bosi, AICP, Director Amend the LDC as follows: 1 2.03.07 Overlay Zoning Districts 2 1 l:12014 LDC Amendment Cycle 1\Current LDCA Drafts12.03.07 Overlay Dist.-TDR extension12.03.07 Overlay Districts_TDR extension of the early entry date 061014-with changes.docx p 9 A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 D. Special Treatment Overlay (ST). 2 * * * * * * * * * * * * * 3 4. Transfer of Development Rights (TDR). 4 * * * * * * * * * * * * * 5 f. Procedures applicable to the severance and redemption of TDR credits 6 and the generation of TDR Bonus credits from RFMU sending lands. 7 * * * * * * * * * * * * * 8 ii. In order to facilitate the County's monitoring and regulation of the 9 TDR Program, the County shall serve as the central registry for all 10 TDR severances, transfers (sales) and redemptions, as well as 11 maintain a public listing of TDR credits available for sale along 12 with a listing of purchasers seeking TDR credits. No TDR credit 13 generated from RFMU sending lands may be utilized to increase 14 density in any area unless the following procedures are complied 15 with in full. 16 * * * * * * * * * * * * * 17 b) TDR Bonus credits shall not be used to increase density 18 in either non-RFMU receiving areas or RFMU receiving 19 lands until a TDR credit certificate reflecting the TDR 20 Bonus credits is obtained from the County and recorded. 21 1) Early Entry Bonus credits. All TDR credit 22 certificates issued by the County for the period from 23 the effective date of this provision until March 27, 24 20125, unless further extended by resolution by the 25 Board of County Commissioners, shall include one 26 Early Entry Bonus credit or fractional Early Entry 27 Bonus credit for each TDR credit or fractional 28 TDR credit reflected on the TDR credit certificate. 29 Where TDR credits were severed from March 5, 30 2004, until the effective date of this provision, the 31 County shall, upon receipt of a copy of the TDR 32 credit certificate reflecting those previously 33 severed TDR credits, issue a TDR credit 34 certificate entitling Early Entry Bonus credits equal 35 in number to the previously severed TDR credits. 36 # # # # # # # # # # # # # 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\2.03.07 Overlay Dist.-TDR extension\2.03.07 Overlay Districts_TDR extension of the early entry date 061014-with changes.docx 0 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT:Natural Resources AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected vegetation CHANGE: 1. Amend LDC section 3.05.02 D.1, the Vegetation Removal Permit (VRP) exemption provisions for pre-existing uses within the Rural Fringe Mixed Use District, for consistency with 2011 EAR-based changes to the Conservation and Coastal Management Element(CCME)Policy 6.1.6. 2. Amend LDC section 3.05.02 G to add to the list of VRP exemptions the following: 1) hand removal of non-native vegetation, 2) installation of fire breaks by the Florida Forest Service or those reviewed and approved by the Florida Forest Service, and 3) removal of dead, dying or leaning trees within preserves which pose a safety concern. The permit requirement for mechanical removal of non-native vegetation has been relocated from 3.05.02 (Exemptions from Requirements for Vegetation Protection and Preservation)to 3.05.05 (Criteria for Removal of Protected Vegetation). 3. Amend LDC section 3.05.05 E which identifies the criteria for removal of protective vegetation, to remove the requirement for replacement with native vegetation when a VRP peunit is issued for removal of non-native vegetation. 4. Remove in LDC section 3.05.05 M, the requirement for recording of conservation easements for early clearing/Early Work Authorizations (EWA) and require preserves to be surveyed prior to early clearing, in lieu of recording conservation easements. Identifying and protecting the boundaries of preserves, prior to clearing, will insure preserves are protected during early work. 5. Update LDC section cross references and name for the Florida Forest Service. Grammatical and other corrections. 6. Add the implementation of wildfire mitigation plans, approved by the Florida Forest Service, to the VRP section. I l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx 9 ,`;. Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term REASON: 1. Amend LDC section 3.05.02 D.1, the Vegetation Removal Permit (VRP) exemption for pre-existing uses within the Rural Fringe Mixed Use District, for consistency with 2011 EAR-based changes to CCME Policy 6.1.6. 2. The amendment to LDC section 3.05.02 G will add the following to the list of Vegetation Removal Permit(VRP) exemptions. a. Hand removal of non-native vegetation: As with prohibited exotic vegetation, there is no need to require permits for hand removal of non-native vegetation. Removal of prohibited exotic and non-native vegetation from undeveloped areas is beneficial to native vegetation, wildlife, and wetlands. The VRP permit requirement for mechanical removal of non-native and prohibited exotic vegetation has been relocated to LDC section 3.05.05 E. This will ensure wetlands, native vegetation, and listed species are protected from the effects of mechanical removal of exotic and non-native vegetation. Removal of planted landscape trees is not covered by this amendment and is addressed separately through the landscape section of the LDC. b. Installation of fire breaks: The Florida Forest Service (FFS) is charged with protecting the public from forest fires. The installation and maintenance of fire breaks, during and prior to fire, is needed to perform this duty. Therefore, fire breaks that are installed by the FFS or reviewed and approved by the FFS as part of a wildlife mitigation plan are exempt from obtaining a vegetation removal permit. c. Removal of dead, dying, or leaning trees within preserves for safety concerns: A vegetation removal permit is no longer required to remove dead, dying, or leaning trees within preserves which pose a safety concern. The exemption was previously added to the preserve management plan subsection and needs to also be included as a VRP exemption. 3. The proposed amendment to LDC section 3.05.05. E, which identifies criteria for the removal protected vegetation, eliminates the requirement for replacement with native vegetation when a VRP permit is issued for removal of non-native vegetation. Replacement with native vegetation is only required in preserves and only where planting is needed to restore the preserve. 4. The proposed amendment to LDC section 3.05.05. J, regarding the removal of vegetation to implement wildfire mitigation plans reviewed and approved by the Florida Forest Service is designed for Firewise measures distinct from fire breaks. For example, a permit would be required for implementing Firewise measures, such as thinning out vegetation around a home and installing Firewise vegetation as described in Chapter 7 of the "Wildfire Risk Reduction In Florida: Home, Neighborhood, and Community Best Practices" guide, published by the Florida Department of Agriculture and Consumer Services, Division of Forestry, 2010. 5. The proposed amendment to LDC section 3.05.05 M which identifies the criteria for early clearing as part of a final review of a SDP, SIP or PPL, eliminates the requirement 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation13.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx 9A Text underlined is new text to be added. Bold text indicates a defined term for recording of conservation easements for early clearing. Recording of conservation easements are required during SDP, SIP or PPL, and are not needed for early clearing/EWAs. Recording of conservation easements take time and slow down the early clearing/Early Work Authorization (EWA) process. Requiring preserves to be surveyed with protective barriers installed along the boundary of preserves prior to clearing, in lieu of recording conservation easements, will insure preserves are protected during early work. Additional costs will not be incurred, as surveys and legal descriptions for preserves are still required for the SDP, SIP or PPL. FISCAL& OPERATIONAL IMPACTS: The proposed amendment will improve the Early Work Authorization permit process. Review of conservation easements will occur at time of SDP, SIP or PPL. Since surveys and legal descriptions are already required for conservation easements, additional costs will not be incurred by the developer by requiring these at time of early clearing/Early Work Authorization (EWA).No additional cost or review time will occur on the part of the County. Elimination of unnecessary permits and permit requirements, will save time and expense on the part of the County and property owner. RELATED CODES OR REGULATIONS: 3.05.04 Vegetation Removal and Protection Standards 3.05.07 H Preserve Standards 4.06.04 A Vegetation Removal and Site Filling 4.06.05 General Landscaping Requirements 10.01.02 B Early Work Authorization(EWA) GROWTH MANAGEMENT PLAN IMPACT: Proposed changes to 3.05.02 D are a result of EAR-based changes Conservation and Coastal Management Element (CCME) Policy 6.1.6. The Policy is provided below in underline/strike through format. Policy 6.1.6: Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 The minimum native vegetation retention requirements of CCME Policy 6.1.2 shall not apply to, affect or limit the continuation of existing uses. Existing use shall be defined as: those uses for which all required permits were issued prior to June 19, 2002; or, projects for which a Conditional Use or Rezone petition was approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 — inclusive of all lands not zoned A, Rural Agricultural; or, land use petitions for which a completed application was submitted prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with, or clearly ancillary to,the existing uses. 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx Text underlined is new text to be added. Tcxt strikethrough is current text to be deleted. Bold text indicates a defined term Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Area as long as they do not result in an increase in development density or intensity. On the County owned land located in Section 25, Township 26 E, Range 49 S (+/- 360 acres),the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire+/- 360 acres. DSAC-LDR RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: None. CCPC RECOMMENDATIONS: • To add the underlined language, noted below within the introduction of LDC section 3.05.05 "A permit for the removal or replacement of plants installed as Code required landscaping shall be issued in accordance with LDC section 4.06.05." o Following the approval of the County Attorney's office Staff amended the term "Code,"noted above,to "LDC." OTHER NOTES/VERSION DATE: Created April 25, 2014. Amended May 8, 2014, May 21, 2014, May 28, 2014 1 Amend the LDC as follows: 2 3 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 4 5 D. Pre-existing uses. The requirements of LDC subsection 3.05.07 C-shall not apply to, 6 affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 7 2002. No changes in location of preserves shall be required for projects identified by this 8 exemption. 9 1. Such existing uses shall include: those uses for which all required permits were 10 issued prior to June 19,2002; or projects for which a conditional use R or�nc 11 petition has been approved by the County prior to June 19, 2002; or, projects for 12 which a Rezone petition has been approved by the County prior to June 19, 2002 13 — inclusive of all lands not zoned Rural Agricultural (A); or, land use petitions for 14 which a completed application has been submitted and which have been 15 determined to be vested from the requirements of the Final Order prior to June 19, 16 2002. The continuation of existing uses shall include on-site expansions of those 17 uses if such expansions are consistent with or clearly ancillary to the existing 18 uses. 19 2. Such previously approved development shall be deemed to be consistent with 20 the GMP Goals, Policies and Objectives for the RFMU district, and they may be 21 built out in accordance with their previously approved plans. Changes to these 22 previous approvals shall also be deemed to be consistent with the GMP Goals, 23 Objectives and Policies for the RFMU district as long as they do not result in an 24 increase in development density or intensity. 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts13.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx 9q Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 2 G. A vegetation removal permit is not required for the following situations: 3 1. Removal of protected vegetation other than a specimen tree, when a site plan and 4 vegetation protection plans have been reviewed and approved by the County 5 Manager or designee as part of the final development order. 6 2. Removal of protected vegetation from the property of a Florida licensed tree 7 farm/nursery, where such vegetation is intended for sale in the ordinary course of 8 the licensee's business and was planted for the described purpose. 9 3. Removal of protected vegetation, other than a specimen tree, by a Florida 10 licensed land surveyor in the performance of his/her duties, provided such 11 removal is for individual trees within a swath that is less than three (3) feet in 12 width. 13 4. Removal of protected vegetation prior to building permit issuance, if the conditions 14 set forth in LDC section 4.06.04 A are met. 15 5. Hand removal of prohibited exotic and non-native vegetation. Mechanical 16 clearing See LDC section 3.05.05 for mechanical removal of prohibited exotic 17 and non-native vegetation •- •_-. • - -_- - _• •••* . e- ••• . Mechanical 18 clearing is defined as clearing that would impact or disturb the soil or sub soil 19 laycrs or disturb the root systems of plants below the ground. 20 6. After a right-of-way for an electrical transmission line or public utility distribution 21 line has been established and constructed, a local government may not require 22 any clearing permits for vegetation removal, maintenance, tree pruning or 23 trimming within the established and constructed right-of-way. Trimming and 24 pruning shall be in accordance with LDC section 4.06.05 subsection 4.06.05 J.1 of 25 the-Cede. All needed environmental permits must be obtained from the 26 appropriate agencies and management plans must comply with agency 27 regulations and guidelines. These may include but are not limited to permits for 28 wetland impacts and management plans for listed species protection. 29 7. After a publicly owned road right-of-way has been legally secured, a local 30 government may not require any clearing permits for vegetation removal, 31 maintenance, tree pruning or trimming within the established road right-of-way. 32 Trimming and pruning shall be in accordance with LDC section 4.06.05 subsection 33 /1.06.05 J.1 of the Coda. All needed environmental permits or management plans 34 have been obtained from the appropriate local, state and federal agencies. These 35 permits may include but are not limited to permits for wetland impacts or for listed 36 species protection. 37 8. Vegetation removal for environmental restoration projects on publically owned 38 land designated as parks, preserves, forests or mitigation areas. State and 39 Federal agency permits or approvals shall be required, where applicable, prior to 40 clearing. 41 9. Vegetation removal to implement Preserve Management Plans and firewise safety 42 wildfire mitigation plans that specify land management practices for clearing for 43 fuel management or fire lines in accordance with normal forestry practices and 44 which have been approved as part of a Preserve Management Plan pursuant to 45 LDC section 3.05.07 H. State and Federal agency permits or approvals shall be 46 required, where applicable, prior to clearing. 47 10. Creation of fire breaks installed by the Florida Forest Service or reviewed and 48 approved by the Florida Forest Service as part of a wildfire mitigation plan. 49 11. Removal of dead, dying or leaning trees within preserves which pose a safety 50 concern, unless such trees contain a nest or cavity of a listed animal species or 51 bald eagle. Where such preserves have monitoring plan requirements pursuant to 5 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx A,. , ;;‘,:, Text underlined is new text to be dded Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 LDC section 3.05.07.H.1.q, the annual inspection monitoring report for the 2 preserve shall document with photographs the trees to be removed for safety 3 concerns. 4 # # # # # # # # # # # # # 5 6 3.05.05 Criteria for Removal of Protected Vegetation 7 8 Native vegetation shall be retained within proposed developments where existing vegetation 9 would be expected to survive in open space areas or buffers, where site improvements or 10 changes in elevation are not proposed or required. A permit for the removal or replacement of 11 plants installed as LDC required landscaping shall be issued in accordance with LDC section 12 4.06.05. A vegetation removal permit may be issued under the following conditions: 13 A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, 14 utilities, or to an existing structure. 15 B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural 16 practices, and, if required, a site inspection by the County Manager or designee. 17 C. A final local development order has been issued which allows removal of the 18 protected vegetation. 19 D. Compliance with other codes and/or ordinances may involve protected vegetation 20 removal. 21 E. Replacement of non native vegetation shall be with native vegetation and shall be 22 subject to the approval of the County Manager or designee. Replacement vegetation•23 •- -e—e • • • ..e. - - -• -.e-.'- -•: •- - -- -- - - - 24 minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high 25 -- - .-- -- - - - '-- - - - - - _ - -- 26 - -. ..-- - - - - - - • - -- --- _- ' 27 days of removal. Mechanical removal of prohibited exotic and non-native vegetation. 28 Mechanical removal is defined as clearing that would impact or disturb the soil or sub- 29 soil layers or root systems of plants below the around. 30 F. On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning 31 district in which single-family lots have been subdivided for single-family use only, a 32 vegetation removal permit may be issued for any permitted accessory use to that 33 zoning. 34 G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida 35 Administrative Code);and state, federal or county approved or endorsed environmental 36 preservation, enhancement;or restoration projects, •shall be permitted. Vegetation 37 removal permits issued under these criteria are valid for the period of time authorized by 38 such agency permits. 39 H. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to 40 site development plan, construction plan or other final approvals, a vegetation 41 relocation permit (vegetation removal permit) may be issued by the County Manager or 42 designee provided that it can be demonstrated that early transplantation will enhance the 43 survival of the relocated vegetation. The vegetation relocation plan shall document 44 methods of relocation, timing of relocation, watering provisions, maintenance and other 45 information as required by the County Manager or designee. 46 I. Landscape plant removal or replacement. The removal or replacement of approved 47 - - --- - - - -- • ---- -- -- --- - - - - - - - - --- 48 _ _ - - - - --- - - - '-•"• ' - - " - - - .. -49 - -• - - - -- - - - --- - - - --- - - - -50 -- - _-_ - --- - - - - - --- - - - - - •- - 51 authorized by permit by the Collier County Landscape Architect. 6 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx 94 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 kI. Removal of vegetation for firebreaks to implement wildfire mitigation plans reviewed and 2 approved by the State of Florida, Division of Forestry Florida Forest Service, shall be 3 4 determined necessary by the Division of Forestry. Exemptions for fire breaks are as 5 provided for in LDC section 3.05.02 G. 6 JK. A State or Federal permit issuance depends on data that cannot be obtained without 7 preliminary removal of some protected vegetation. The clearing shall be minimized and 8 shall not allow any greater impacts to the native vegetation on site than is absolutely 9 necessary. Clearing shall be limited to areas that are outside any on-site preserves, as 10 identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. 11 K4. In conjunction with a Collier County approved Preserve Management Plan, native 12 vegetation clearing may be approved only when it is to improve the native habitat or to 13 improve listed species habitat. 14 LM. Conservation Collier projects which may need minimal clearing for parking, pathways 15 for walking, or structures that may not require site plan approvals. 16 MN. Early clearing as part of a final review of an SDP, SIP or PPL, in accordance with LDC 17 Ssections 4.06.04 and 10.01.02. The following criteria shall apply. 18 1. Final configuration of preserves is complete. 19 2. Conservation casements are complete and have been recorded in the public 20 records. Preserves shall be field surveyed and described by sketch and legal 21 description or shown on a specific purpose survey with geometry for the preserve 22 provided. Vegetation shall be protected in accordance with LDC section 3.05.04. 23 3. The site clearing/preservation plan for the SDP, SIP or PPL is approved. 24 4. All applicable Federal, State, and local permits have been submitted prior to 25 commencement and before or at the pre-construction meeting. 26 NG. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if 27 required, shall be provided from the Florida Fish and Wildlife Conservation Commission 28 and U.S. Fish and Wildlife Service authorizing the removal of the nest, in accordance 29 with state and federal permit requirements, prior to issuance of a County permit. 30 Removal of vegetation containing an active, inactive or abandoned nest may be allowed 31 when: 32 1. The vegetation is located on a single-family lot, and is located in such a manner 33 that either: 34 a. The principal structure cannot be constructed, or 35 b. access to the property is impeded. 36 2. The protected vegetation poses an imminent threat to human safety or an 37 adjacent principal or accessory building. 38 3. The vegetation is located outside of a preserve or an area used to fulfill the 39 native vegetation preservation requirements of this Code the LDC. 40 # # # # # # # # # # # # # 7 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.02 D and G Exemptions and 3.05.05 Criteria for Removal of Protected Vegetation\3.05.02 D G 3.05.05 Exemptions Criteria for Removal of Protected Vegetation 061014 CCPC Amended.docx 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT:Natural Resources AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: The changes provided below are a result of the 2011 Evaluation and Appraisal (EAR)-based changes to Conservation and Coastal Management Element (CCME) Policies 6.1.1, 6.1.2 and 6.2.5. They are as follows: 1. Amend LDC section 3.05.07 A.3 to exempt State and Federal parks, preserves, and forests from providing a separate County preserve within the park,preserve, or forest. 2. Amend LDC section 3.05.07 B to revise the native vegetation retention requirement for the Coastal High Hazard Area. 3. Amend LDC section 3.05.07 B.2.h to add an exemption from the native vegetation retention requirement for Industrial zoned parcels with a native vegetation retention requirement of two acres or less. 4. Amend LDC section 3.05.07 H.1.f.i.a to remove Industrial zoned parcels with a native vegetation retention requirement of two acres or less, from the criteria for off-site retention of native vegetation. 5. Amend LDC section 3.05.07 C to add a native vegetation retention requirement for the portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area. REASON: The following LDC amendments maintain consistency with 2011 EAR-based changes to CCME Policies 6.1.1, 6.1.2 and 6.2.5. FISCAL & OPERATIONAL IMPACTS: These amendments are a result of adopted 2012 EAR-based changes to the Conservation and Coastal Management Element and will have no further fiscal impact. The removal of the requirement for establishment of preserves for Industrial parcels with a native vegetation retention requirement of two acres or less and for identification of separate County preserves within State and Federal parks, preserves and forests, will eliminate the costs associated with establishing these preserves. Preserve land within State and Federal parks, preserves and forests is already managed by the State and Federal agencies which control them. 1 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 061014.docx Text underlined is new text to a aAd. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term RELATED CODES OR REGULATIONS: Native vegetation retention standards contained with section 3.05.07 Preservation Standards. GROWTH MANAGEMENT PLAN IMPACT: The 2011 EAR-based revised portions from CCME Policies 6.1.1, 6.1.2 and 6.2.5 are provided below in underline/strike through format. Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non-agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2012, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Less than 2.5 acres 10% Less than 5 acres. 10% Use Development Equal to or greater Equal to or greater than 5 acres than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 ac. 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. The following standards and criteria shall apply to the vegetation retention requirements referenced above. 2 l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention13.05.07 B C Native Vegetation Retention 061014.docx 9A Text underlined is new text to be added. Text ctrikethrough is current text to be dcicted. Bold text indicates a defined term * * * * * * * * * * * * * (7) All State and Federal parks, preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. * * * * * * * * * * * * * (15) Industrial zoned parcels which, pursuant to the table within this Policy, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. # # # # # # # # # # # # # Policy 6.1.2: For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native vegetation shall be preserved on site through the application of the following minimum preservation and vegetation retention standards and criteria. Additionally, for the Lake Trafford/Camp Keais Strand System located within the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the application of the Neutral Lands standards in "b" below, on an interim basis, until such time as a study is completed to determine if different standards are appropriate for this area. Preservation and Native Vegetation Retention Standards: a. Receiving Lands: A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. b. Neutral Lands: A minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved, except as provided in the North Belle Meade Overlay in the Future Land Use Element for Section 24, Township 49 South, Range 26 East. c. Non-NRPA Sending Lands: Calculated at the higher value of 80% of the native vegetation present, or as may otherwise be permitted under the Density Rating provisions of the FLUE; d. NRPA Sending Lands: Calculated at the higher value of 90% of the native vegetation present, or as may otherwise be permitted under the Density Blending provisions of the FLUE. e. Provisions a. through d. above shall also be consistent with the wetland protection policies set forth under CCME Objective 6.2. f. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within lands designated Rural Fringe Mixed Use District on the Future Land Use Map, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 061014.docx 7 Text underlined is new text to be added. Text strikcthrough is current tcxt to be deleted. Bold text indicates a defined term may be cleared. This allowance shall not be considered a maximum cleaning allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. g. Within Receiving and Neutral lands where schools and other public facilities are co- located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. * * * * * * * * * * * * * (12) All State and Federal parks, preserves and forests are subject to compliance with the minimum native vegetation retention requirements; however, such lands are not required to be designated as preserves, encumbered with conservation easements or subject to the establishment of preserve management plans. (13) Industrial zoned parcels which, pursuant to the table within Policy 6.1.1, would have a native vegetation retention requirement of 2 acres or less shall be exempt from this requirement. This exemption shall not apply to the overall native vegetation retention requirement for a PUD or subdivision used to create these parcels, unless the overall native vegetation retention requirement for the PUD or subdivision is 2 acres or less. # # # # # # # # # # # # # Policy 6.2.5: Within the Rural Fringe Mixed Use District, and that portion of the Lake Trafford/Camp Keais Strand System which is contained within the lmmokalee Urban Designated Area, Collier County shall direct land uses away from higher functioning wetlands by limiting direct impacts within wetlands based upon the vegetation requirements of Policy 6.1.2 of this element, the wetland functionality assessment described in paragraph (2) below, and the final permitting requirements of the South Florida Water Management District. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: (1) The County shall apply the vegetation retention requirements of Policy 6.1.2 of this element for the Rural Fringe Mixed Use District, and Policy 6.1.2.b. of this Element for the Lake Trafford/Camp Keais Strand System, in order to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: # # # # # # # # # # # # # DSAC-LDR RECOMMENDATIONS: None. DSAC RECOMMENDATIONS: No changes. CCPC RECOMMENDATIONS: None. OTHER NOTES/VERSION DATE: Created November 13, 2013, May 30, 2014. 1 2 Amend the LDC as follows: 3 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 061014.docx 9q Text underlined is new text to be added. Bold text indicates a defined term 1 3.05.07 Preservation Standards 2 3 All development not specifically exempted by this ordinance shall incorporate, at a minimum, 4 the preservation standards contained within this section. 5 A. General standards and criteria. The following criteria shall be used to administer the 6 preservation standards in all unincorporated areas of the County: 7 * * * * * * * * * * * * * 8 3. Areas that fulfill the native vegetation retention standards and criteria for native 9 vegetative communities of this section shall be set aside as preserve areas, 10 subject to the requirements of LDC section 3.05.07 H. State and Federal parks, 11 preserves, and forests are subject to compliance with the minimum native 12 vegetation retention requirements of this section; however, such lands are not 13 required to be designated as preserves and are exempt from the requirements of 14 LDC section 3.05.07 H. 15 16 * * * * * * * * * * * * * 17 B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU 18 and RLSA Districts, native vegetation shall be preserved on site, except for single 19 family residences, through the application of the following preservation and vegetation 20 retention standards and criteria. The single family exception is not to be used as an 21 exception from any calculations regarding total preserve area for a development 22 containing single family lots. For properties not previously within the Coastal High 23 Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised 24 Coastal High Hazard Area boundary in 2013, the native vegetation preservation and 25 retention standards of the Non-Coastal High Hazard Area shall continue to apply. 26 (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use 27 Element of the Collier County Growth Management Plan.) 28 1. Required preservation. Development Type Coastal High Non-Coastal High Hazard Area Hazard Area Residential and Mixed Use Less than 2.5 acres 10% Less than 5 acres 10% development Equal to or greater 250/0 Equal to or greater than 5 acres 150/o than 2.5 acres and less than 20 acres Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10% development and all other non- Equal to or greater 15% Equal to or greater than 5 acres 15% specified development types than 5 acres Industrial development(Rural- 50%, not to exceed 25%of the 50%, not to exceed 25%of the project Industrial District only) project site site. 29 30 2. Exceptions. An exception from the vegetation retention standards above shall be 31 granted in the following circumstances: 32 a. Where the parcel was legally cleared of native vegetation prior to 33 January 1989 and remains cleared of native vegetation; 34 b. Where the parcel cannot reasonably accommodate both the application 35 of the native vegetation retention standards and the proposed uses 36 allowed under this Code, subject to the criteria set forth in LDC section 37 3.05.07 H.1.e. 5 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts13.05.07 B and C Native Veg.Retention13.05.07 B C Native Vegetation Retention 061014.docx • Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 c. Right-of-way acquisitions by any governmental entity for all purposes 2 necessary for roadway construction, including ancillary drainage facilities, 3 and including utilities within the right-of-way acquisition area. 4 d. Existing utility easements and easements for ingress or egress required 5 for neighboring properties. 6 e. Previously cleared parcels for support of public infrastructure, and which 7 remain cleared of native vegetation. 8 f. Trees and other vegetation planted for landscaping and which have not 9 been used to satisfy the native vegetation preservation requirement. 10 g. Previously cleared fallow farm fields and pastures, with no canopy trees 11 (other than slash pine trees with less than an 8 inch DBH or palms with 12 less than 8 foot of clear trunk) and less than 75 percent aerial coverage of 13 native vegetation. Marshes and similar type environments (640 FLUCFCS 14 Codes) shall not be included in this exception. 15 h. Industrial zoned parcels, pursuant to the table in LDC section 3.05.07 B.1 16 (above), which have a native vegetation retention requirement of 2 acres 17 or less shall be exempt from this requirement. This exemption shall not 18 apply to the overall native vegetation retention requirement for a PUD or 19 subdivision used to create these parcels, unless the overall native 20 vegetation retention requirement for the PUD or subdivision is 2 acres or 21 less. 22 C. Specific standards for the RFMU district. For Lands within the RFMU district, native 23 vegetation shall be preserved through the application of the following preservation and 24 vegetation retention standards and criteria, in addition to the generally applicable 25 standards and criteria set forth in LDC section 3.05.07 A. above: (above). Further, for the 26 portion of the Lake Trafford/Camp Keais Strand System located within the Immokalee 27 Urban Designated Area, native vegetation shall be preserved on site through the 28 application of the Neutral Lands standards established in LDC section 3.05.07 C.2 29 (below). 30 1. RFMU receiving lands outside the NBMO. 31 a. A minimum of 40% of the native vegetation present, not to exceed 25% 32 of the total site area shall be preserved. 33 i. Off-site preservation shall be allowed at a ratio of 1:1 if such off- 34 site preservation is located within RFMU sending lands. 35 ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off- 36 site preservation is located outside of Sending Lands. 37 iii. Like for like preservation shall be required for Tropical Hardwood 38 and Oak Hammock vegetative communities. 39 b. Where schools and other public facilities are co-located on a site, the 40 native vegetation retention requirement shall be 30% of the native 41 vegetation present, not to exceed 25% of the site. 42 2. Neutral lands. 43 a. In neutral lands, a minimum of 60% of the native vegetation present, 44 not to exceed 45% of the total site area shall be preserved. 45 b. Exceptions. 46 i. In those neutral lands located in Section 24, Township 49 South, 47 Range 26 East, in the NBMO, native vegetation shall be 48 preserved as set forth in LDC section 2.03.08 D.5.b. 49 ii. Where schools and other public facilities are co-located on a site, 50 the native vegetation retention requirement shall be 30% of the 51 native vegetation present, not to exceed 25% of the site. 6 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\3.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 061014.docx 9 A Text underlined is new text to be added. Text ctrikethrough is current tcxt to be deleted. Bold text indicates a defined term 1 3. RFMU sending lands. 2 a. In RFMU sending lands that are not within a NRPA, 80% of the native 3 vegetation present on site shall be preserved, or as otherwise permitted 4 under the Density Blending provisions of LDC section 2.05.02. Off-site 5 preservation shall be allowed in satisfaction of up to 25% of the site 6 preservation or vegetative retention requirement, at a ratio of 3:1, if such 7 off-site preservation is located within or contiguous to Sending Lands. 8 b. In RFMU sending lands that are within a NRPA, 90% of the native 9 vegetation present shall be preserved or such other amount as may be 10 permitted under the Density Blending provisions of LDC section 2.05.02. 11 Off-site preservation shall not be credited toward satisfaction of any of the 12 vegetative retention requirement applicable in such NRPAs. * 13 * * * * * * * * * * * * 14 H. Preserve standards. 15 1. Design standards. 16 * * * * * * * * * * * * * 17 f. Off-site vegetation retention. 18 i. Applicability. A property owner may request that all or a portion of 19 the Collier County on-site native vegetation preservation 20 retention requirement be satisfied offsite for only the following 21 situations and subject to restrictions listed below. 22 a) Properties zoned commercial or industrial where the on- 23 site preserve requirement is less than 2 acres in size. 24 # # # # # # # # # # # # # 7 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts13.05.07 B and C Native Veg.Retention\3.05.07 B C Native Vegetation Retention 061014.docx 9q Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Errors AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts CHANGE: To correct an inaccurate code citation within LDC subsection 4.02.01 D.1. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDC SUBCOMMITTEE RECOMMENDATIONS: None. DSAC RECOMMENDATIONS: No changes. CCPC RECOMMENDATIONS:None. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers. April 23,2014, May 30,2014. Amend the LDC as follows: 1 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 2 3 D. Exemptions and exclusions from design standards. 4 1. The height limitations contained in Chapter 2 LDC subsection 4.02.01 A. Table 2. 5 Building Dimension Standards for Principal Uses in Base Zoning Districts do not 6 apply to infrastructure in support of the building, such as mechanical 7 penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical 8 screening, spires, belfries, cupolas, flagpoles, antennas, communications 9 towers, water tanks, fire towers when operated by a branch of government, 10 ventilators, chimneys, feed storage structures, silos, windmills, airport control 11 towers, or other appurtenances placed above the roof level and not intended for 12 human occupancy or for commercial purposes as provided below: 13 a. Structural elements shall be no higher than necessary to accomplish the 14 purpose it is intended to serve. 15 b. The aggregate area of structures or appurtenances shall not exceed 16 one-third the area of the supporting roof. 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts- error\4.02.01 Dimensional Stds.for Principal Uses in Base Zoning Dst.-scriveners error 060514.docx 6/13/2014 10:05:34 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 c. Where this section conflicts with section 5.05.08, the provisions of section 2 5.05.08 will control. 3 d. The heights of these structures or appurtenances thereto shall not 4 exceed any height limitations prescribed by the Federal Aviation Agency 5 or airport zoning regulations within the flight approach zone of airports. 6 (See section 2.03.07 C.). 7 # # # # # # # # # # # # # 2 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts- error\4.02.01 Dimensional Stds.for Principal Uses in Base Zoning Dst.-scriveners error 060514.docx 6/13/2014 10:05:34 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff and Bayshore CRA DEPARTMENT: Growth Management Division and Bayshore CRA AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area CHANGE: To allow mixed-use and non-residential buildings within the Bayshore Cultural District boundary (see Attachment 1) to use more vivid exterior building colors than permitted by LDC section 5.05.08. The LDC identifies that buildings regulated by the architectural provisions are allowed to use an exterior building color above a level 8 (saturation) for no more than 10 percent of the façade or total roof area. The proposed amendment would allow the Cultural District to utilize a saturation level of 10 (saturation) for no more than 10 percent of the façade or total roof area. The change permits buildings within Cultural District the ability to use a level 8 (saturation) for the entire building. In addition, the proposed amendment allows for all buildings within the Bayshore Gateway CRA to seek deviations from the exterior building color standards established in the LDC. The deviation would be administratively reviewed and approved by County Staff through the Alternative Design process within LDC section 5.05.08 F. The provisions regarding materials and colors have been relocated from the specific provisions regarding commercial building types to the umbrella provision for building types and architectural standards. This allows for all building types subject to architectural standards to utilize more vivid colors and the deviation process. Further,the review and recommendation of a deviation request by the CRA Advisory Board has been removed from the process. This change was requested by the County Attorney's office because the CRA Advisory Board is not intended to perform quasi-judicial reviews. REASON: The Bayshore/Gateway Triangle Overlay was recently reorganized, rewritten, and adopted in the fall of 2012. However, several of the objectives were not executed effectively and the following proposed amendments seek to 1) allow for more vivid exterior building color within the Cultural District boundary; and 2) provide an administrative deviation process for exterior buildings colors within the Overly District. Although a deviation process was identified in 2012 amendment, the general color standards were not expanded for the Cultural District. The proposed amendment seeks to expand the vivid color range, while still maintaining standards for very vivid colors and colors within a low lightness category (dark colors) within the Cultural District boundary, see Attachment 1. The second objective is to allow for administrative deviations from the color standards identified in LDC section 5.05.08 C.13 for mixed use and non-residential use buildings within the 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts14.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 061014.docx 6/10/2014 3:58:28 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Bayshore/Gateway Triangle Redevelopment Overlay. This proposal follows a window survey done of buildings within the Cultural District by the CRA, in which they determined the deviation process identified within the 2012 amendment would only apply to a small number of buildings. The proposed amendment outlines a deviation process and establishes three criteria for County review staff to utilize in their review. FISCAL & OPERATIONAL IMPACTS: Fiscal and operational impacts to the County are limited to the discontinuance of several code enforcement cases regarding vibrant colors with the Cultural District. This amendment will resolve these issues. Fiscal and operational impacts to the Bayshore/Gateway Triangle Overly and Cultural District are many. One example is that by allowing vivid colors within the Cultural District helps set this area apart from the County. The deviation process provides flexibility for buildings that desire a distinctive color pallet within the Overlay District. Both of these amendments support the creation of a"destination" and"identity" for the Overlay District. RELATED CODES OR REGULATIONS: Community Redevelopment Agency Resolution 2008-60 GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, 11/5/13, 3/23/14, June 10, 2014. Amend the LDC as follows: 1 2 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle 3 Redevelopment Area 4 5 D. Building Types and Architectural Standards 6 7 1. Purpose and Intent. The purpose of this section is to supplement the provisions 8 of LDC section 5.05.08 of the LDC by identifying and providing design standards 9 for the building types allowed within the Bayshore Gateway Triangle 10 Redevelopment Area. The standards are intended to attach the same importance 11 to the overall building design as is placed on the use contained therein, and to 12 ensure that proposed development is consistent with the CRA's goals for 13 building form, character and quality. Buildings within the BMUD and GTMUD 14 are expected to be added as long-term additions to the architectural vibrancy of 15 the community. 16 2. Applicability. Each proposed building shall be designed in compliance with the 17 standards of this section for the applicable building type, regardless of the 18 underlying zoning district provisions. The uses permitted within the building are 19 determined by the underlying zoning district or overlay subdistrict in which it is 2 1:12014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 061014.docx 6/10/2014 3:58:28 PM 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 located. All buildings shall meet the design requirements set forth in LDC 2 section 5.05.08 unless otherwise specified in this section. 3 3. General Architectural Standards. 4 a. Architectural Style: The building design standards of this section do not 5 mandate a particular building style and permit a wide variety of 6 architectural expressions. When a building exhibits a known architectural 7 style (i.e., Florida Cracker, Mediterranean, Colonial, Modern)the details 8 shall be consistent throughout the building and any accessory 9 structures on the same site. 10 b. Frontage: The primary entrance for any building must be oriented to the 11 street. Orientation is achieved by the provision of a front façade including 12 an entry door that faces the street or square. This requirement shall not 13 apply to mobile homes or to buildings that are interior to a site that has 14 other buildings that meet this provision. 15 c. Compatibility: Proposed buildings should relate to adjacent buildings in 16 similarity of scale, height, architectural style, and/or configuration. 17 Exceptions to this provision include civic and institutional buildings 18 such as churches and schools. 19 d. Façade Treatment: Architectural elements such as windows and doors, 20 bulkheads, masonry piers, transoms, cornices, window hoods, awnings, 21 canopies, and other similar details shall be used on all facades facing a 22 public right-of-way. 23 e. Exterior building color within the Cultural District. Buildings with a mixed 24 use or non-residential use and within the Cultural District boundary, as 25 identified in the Community Redevelopment Agency Resolution 2008-60 26 as amended, shall meet the following exterior building color standards: 27 i. The use of color materials or finish paint above level 10 saturation 28 (chroma) or below lightness level 3 on the Collier County 29 Architectural Color Charts is limited to no more than 10 percent of 30 a facade or the total roof area. 31 ii. Natural and manmade materials which exceed the saturation or 32 lightness level requirements of Collier County Architectural Color 33 Charts, such as marble, granite, stone, slate, brick, block, tile, and 34 galvanized metal are permissible. 35 f. Deviations from exterior building color. Applicants within the Bayshore 36 Gateway Triangle Community Redevelopment District boundaries may 37 request a deviation from the exterior building color requirements of LDC 38 section 5.05.08 C. A deviation request shall be subject to the procedures 39 established in 5.05.08 F and shall be subject to the following criteria: 40 i. The deviation request is consistent with LDC section 5.06.00, 41 regarding sign regulations and standards. 42 ii. The deviation request consists of no more than 3 colors. 43 iii. The deviation request may not be for a color which is below 44 lightness level 3 on the Collier County Architectural Color Charts. 45 46 8. Building Type: COMMERCIAL 47 48 h. Materials and Colors: 49 i. Commercial buildings shall be of wood clapboard, stucco finish, 50 cement fiber board products, brick or stone. 51 ii. Pitched roofs shall be metal seam (5v crimp, standing seam or 52 similar design), slate, copper, or wood shingles. 3 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore14.02.16 Design Standards for Bayshore-color 061014.docx 6/10/2014 3:58:28 PM 9 '; Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 iii. Exterior building color: Applicants may request a deviation from 2 the exterior building color requirements of section 5.05.08 C.13.b 3 if 50 percent or more of the façade consists of glazing in the form 4 of transparent windows or doors. These deviation requests shall 5 be subject to the procedures established in section 5.05.08 F. 6 following the review and approval by the CRA Advisory Board to 7 _ - .- - --- - - -- - - - -- •• - 8 character. # # # # # # # # # # # # # 4 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.02.16 Design Standards for Bayshore\4.02.16 Design Standards for Bayshore-color 061014.docx 6/10/2014 3:58:28 PM 9A Attachment 1 1i B. . . .. ■ I' f rig '- -I ■ ■ il' a • +=; Cultural ,' ■ •2 N ' District ■ I Boundary • ■ ■ ■ ' 'rte_f\.E ■ k\ �� ■ \ : \\\ Cultural District Boundary ■ CRA Boundary • ■ 0 0.25 0.5 1 Miles ■ I I I I I I i i I ■ • ■ \ • This map was created by the Bayshore Gateway ■ Triangle Community Redevelopment Agency. 1 ��\ February 15,2008. • k . BAYSHORE G.ATEW Y TRIANGLE ■ II ■ V • • 11 Iliglila 0 1 01. ,e.64-.4gre.,6 COMMUNITY REDEVELOPMENT AGENCY I 9 it 1 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Error AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 4.06.02 Buffer Requirements CHANGE: To correct inaccuracies created during prior LDC amendment cycles within the LDC section 4.06.02. REASON: There are two inaccuracies within LDC amendment 4.06.02 which occurred during previous LDC amendment cycles. This amendment proposes to correct these inaccuracies. In 2006, three provisions were added to LDC section 4.06.02 C - Table of Buffer Requirements during separate LDC amendment cycles. These provisions describe flexibility in the buffer standards for residential PUDs adjacent to a lake and for community facilities within a PUD. Attachments 1 and 2 identify the three buffer provisions approved in Ord. 2006-07, pages 21-22 and Ord. 2006-63, page 55. However, Ordinance 2006-63 did not include one of the approved additions to Alternative A buffer. This error continued and during a 2007 amendment cycle all three 2006 provisions were omitted from the text. This is an error because if the provisions were intended to be deleted, they would have been struck through and identified for removal. Attachment 3, Ord. 07-67, illustrates the inadvertent omissions. Because these provisions were not identified for removal, County staff has applied these provisions to PUD landscape plans. It is proposed these provisions are reintroduced into LDC section 4.06.02 C. Current LDC section 4.06.02 C.4.e contains information regarding how to interpret Table 2.4 - Table of Requirements by Land Use Classification. This section was previously unnumbered and located below Table 2.4. Attachment 4, Ord. 04-41 illustrates this information. During the 2004 LDC amendment cycle, this section was numbered which resulted in the relocation of the provision below several footnotes during the codification by Municode, see Attachment 5, Ord. 2004-72, pg. 36. However, its current placement is not logical and it is proposed this provision is identified as information to be read in conjunction with Table 2.4 and placed directly below the Table. Prior to the 2004 LDC re-codification current LDC section 4.06.02 C.4.£, which makes reference to automobile service station landscape requirements, was a footnote reference, see Attachment 4, an excerpt from the pre-2004 LDC. During the re-codification of the LDC, this section lost its footnote, see Attachment 4 Ord. 2004-41 pg. 113. In a subsequent amendment, Attachment 5, Ord. 2004-72 pg. 36, the provision then became an independent subsection. It is proposed LDC section 4.06.02 C.4.f is restructured as a footnote and the original intent retained. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Offer Requiremetns_fixing errors\4.06.02 Buffer Regs_fixing errors 061014.docx CarolineCilek 6/10/2014 4:01:29 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts to the County or to the community. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, December 4, 2013, Dec. 10, 2013. Amend the LDC as follows: 4.06.02 Buffer Requirements 1 C. Table of buffer yards. 2 Types of buffers.Within a required buffer strip, the following alternative shall be used 3 based on the matrix in table 2.4. 4 1. Alternative A:Ten-foot-wide landscape buffer with trees spaced no more than 5 30 feet on center. 6 When an Alternative A buffer is located within a residential PUD and adjacent to 7 a lake, the required trees may be clustered on common property lines to provide 8 a view of the lake. Clustered tree plantings shall not exceed 60 feet between 9 clusters. 10 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year landscape 11 buffer six feet in height, which may include a wall, fence, hedge, berm or 12 combination thereof, including trees spaced no more than 25 feet on center. 13 When planting a hedge, it shall be a minimum of ten gallon plants five feet in 14 height, three feet in spread and spaced a maximum four feet on center at 15 planting. 16 When an Alternative B buffer is located within a residential PUD and adjacent to 17 a lake, the required plant materials may be clustered to provide views. Clustered 18 tree plantings shall not exceed 60 feet between clusters and the clustered hedge 19 plantings can be provided as a double row of shrubs that are a minimum of 30 20 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge 21 planting shall not be required. 22 When a community facility is located within a residential PUD and abuts a 23 residential unit, a Type B buffer shall be required. When a fence or wall is used 24 within the buffer a minimum of 50 percent of the trees and hedge plantings shall 25 be located on the residential side of the fence or wall. 26 3. Alternative C: 20-foot-wide, opaque within one year, landscape buffer with a six- 27 foot wall, fence, hedge, or berm, or combination thereof and two staggered rows 28 of trees spaced no more than 30 feet on center. Projects located within the 29 Golden Gate Neighborhood center district shall be exempt from the right-of- 30 way requirement of a six-foot wall, fence, hedge, berm or combination thereof. 31 These projects shall provide a meandering Type D landscape buffer hedge. In l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Buffer Requiremetns_fixing errors\4.06.02 Buffer Regs_fixing errors 061014.docx CarolineCilek 6/10/2014 4:01:29 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 addition, a minimum of 50 percent of the 25-foot wide buffer area shall be 2 composed of a meandering bed of shrubs and ground covers other than grass. 3 4. Alternative D:A landscape buffer shall be required adjacent to any road right- 4 of-way external to the development project and adjacent to any primary access 5 roads internal to a commercial development. Said landscape buffer shall be 6 consistent with the provisions of the Collier County Streetscape Master Plan, 7 which is incorporated by reference herein. The minimum width of the perimeter 8 landscape buffer shall vary according to the ultimate width of the abutting 9 right-of-way. Where the ultimate width of the right-of-way is zero to 99 feet, the 10 corresponding landscape buffer shall measure at least ten feet in width. Where 11 the ultimate width of the right-of-way is 100 or more feet, the corresponding 12 landscape buffer shall measure at least 15 feet in width. Developments of 15 13 acres or more and developments within an activity center shall provide a 14 perimeter landscape buffer of at least 20 feet in width regardless of the width of 15 the right-of-way. Activity center right-of-way buffer width requirements shall 16 not be applicable to roadways internal to the development. (See Figure 4.06.02 17 C.) TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS IOC 4.06.02.41-4. w Dc I TYPE 'A'BUFER_ O0.4. r 112 SHRUGS.SHRUGS.,0.0 M 6P W40 ATNT1NG Air _ Y TYPE '9'BUFFER DWpF fOW DFS AGGE kU REES DSNIUG5.4.0.[67120 ATfl..MD4G a l ��`.ice 40,^ 0 TYPE 'C'BUFFER r--4.2 STAGR:GED IRD6EAOW.AJSF#USS Hr OL. 24'HB:H AT%ANIRJ4{AIA1M00410 AT IV t TYPE 'D'BUFFER m•-u•-m NOTE:•TREES BUFFER m000ur+ANYfWHERE ENCOURAGED. 6°.ww00110 ON 0S LONG A5 vON CEMER RE0U1BEMOFTITIS WITHIN MET. BUFFER •BUFFER MAY MEANDER AS LONE AS SPECIFIED WIDTH I5 MAINTAINED. 18 19 Figure 4.06.02 C. 20 a. Trees shall be spaced no more than 30 feet on center in the landscape 21 buffer abutting a right-of-way or primary access road internal to a 22 commercial development. 23 b. A continuous 3 gallon double row hedge spaced 3 feet on center of at 24 least 24 inches in height at the time of planting and attaining a minimum 25 of 3 feet height within one year shall be required in the landscape buffer l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts14.06.02 Buffer Requiremetns_fixing errors14.06.02 Buffer Reqs_fixing errors 061014.docx CarolineCilek 6/10/2014 4:01:29 PM 9 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 where vehicular areas are adjacent to the road right-of-way, pursuant to 2 section 4.06.05 C.4. 3 c. Where a fence or wall fronts an arterial or collector road as described 4 by the transportation circulation element of the growth management plan, 5 a continuous 3 gallon single row hedge a minimum of 24 inches in height 6 spaced 3 feet on center, shall be planted along the right-of-way side of 7 the fence. The required trees shall be located on the side of the fence 8 facing the right-of-way. Every effort shall be made to undulate the wall 9 and landscaping design incorporating trees, shrubs, and ground cover 10 into the design. It is not the intent of this requirement to obscure from 11 view decorative elements such as emblems, tile, molding and wrought 12 iron. 13 d. The remaining area of the required landscape buffer must contain only 14 existing native vegetation, grass, ground cover, or other landscape 15 treatment. Every effort should be made to preserve, retain and 16 incorporate the existing native vegetation in these areas. 17 Table 2.4 Table of Buffer Requirements by Land Use Classifications Adjacent Properties Zoning District and/or Property Use Subject Property's District/Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Agriculture (A1) - B B B B B A A AA D A - A 2. Residential (E, RSF) single-family A A B B B B B C B * D B - C 3. Residential (RMF-6, RMF-12, RMF-16) A B A A A B B B B * D B - C multifamily 4. Residential tourist(RT) A B A A B B A B B * D B - B 5. Village residential (VR) A A B B A B B B B * D B - B 6. Mobile home (MH) A B B B B A B B B * D B B B 7. Commercial3 (C-1, C-1/T, C-2, C-3, C-4, C- AB B B B BA A A * D B BB 5); Business Park(BP) 8. Industrial2 (I) A C B B B B A A2 A * D B B B 9. Public use (P), community facility (CF), Golf AB B B B BA A A * D B - C Course Clubhouse, Amenity Center 10. Planned unit development (PUD) * * * * * * * * * * D * * * 1 1. Vehicular rights-of-way D D D D D D D D DD - B - D 12. Golf course maintenance building B B B B B B B B BB BA BC 13. Golf course - - - B - C 14. Automobile service station A C C B B B B B C * D C C D 18 Table 2.4 information: The letter listed under"Adjacent Properties Zoning District and/or 19 Property Use"shall be the landscape buffer and screening alternative required. Where a conflict 20 exists between the buffer required by zoning district or property use, the more stringent buffer 21 shall be required. The "-" symbol shall represent that no buffer is required. The PUD district 22 buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based 23 on the landscape buffer and screening of the district or property use with the most similar types, 24 densities and intensities of use. Where a conflict exists between the buffering requirements and 25 the yard requirements of this Code, the yard requirements of the subject zoning district shall 26 apply. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts14.06.02 Bier Requiremetns_fixing errors\4.06.02 Buffer Reqs_fixing errors 061014.docx CarolineCilek 6/10/2014 4:01:29 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 1 Buffering in agriculture (A) districts shall be applicable at the time of site 2 development plan (SDP) submittal. 3 2lndustrial (I) zoned property, where abutting Industrial (I) zoned property, shall 4 be required to install a minimum 5-foot-wide type A landscape buffer adjacent to 5 the side and rear property lines. The buffer area shall not be used for water 6 management. In addition, trees may be reduced to 50 feet on center along rear 7 and side perimeter buffers only. This reduction in buffer width shall not apply to 8 buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 9 Abutting industrial zoned properties may remove a side or rear buffer along the 10 shared property line in accordance with Section 4.06.02 C.7. This exception to 11 buffers shall not apply to buffers abutting to vehicular rights-of-way. 12 3 Buffer areas between commercial outparcels located within a shopping 13 center, Business Park, or similar commercial development may have a shared 14 buffer 15 feet wide with each abutting property contributing 7.5 feet. The 15 outparcels may remove a side or rear buffer along the shared property line 16 between comparable uses within the same zoning designation in accordance 17 with Section 4.06.02 C.7. These provisions shall not apply to right-of-way 18 buffers. 19 c. The letter listed under"Adjacent Properties Zoning District and/or 20 Property Use" shall be the landscape buffer and screening alternative 21 required. Where a conflict exists between the buffer required by zoning 22 district or property use, the more stringent buffer shall be required. The " " 23 symbol shall represent that no buffer is required. The PUD district buffer, 24 --- - - - - . _ _ •- e - e - - . .. -. . •_ „*„ e -•- 25 shall be based on the landscape buffer and screening of the district or 26 property use with the most similar types, densities and intensities of use. 27 Where a conflict exists between the buffering requirements and the yard 28 requirements of this Code, the yard requirements of the subject zoning 29 district shall apply. 30 4f.Refer to section 5.05.05 for automobile service station landscape 31 requirements. 32 # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\4.06.02 Buser Requiremetns_fixing errors\4.06.02 Buffer Regs_fixing errors 061014.docx CarolineCilek 6/10/2014 4:01:29 PM o4 4 - Attachment 1 9 itix 1;:e4 Xi] ro ORDINANCE NO.06- 07 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING: SEC. 1.04.04 REDUCTION OF REQUIRED SITE DESIGN REQUIREMENTS, SEC. 1.08.02 DEFINITIONS; CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING, SEC.2.01.00 GENERALLY, SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING: SEC. 4.02.03 SPECIFIC STANDARDS FOR THE LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SEC. 4.02.14 SAME-DEVELOPMENT IN THE ACSC-ST DISTRICT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03, EXEMPTIONS, SEC. 4.05.03 SPECIFIC PARKING REQUIREMENTS FOR RESIDENTIAL USES IN MIXED USE URBAN RESIDENTIAL LAND USE, SEC. 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.07.02 DESIGN REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SEC. 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS; CHAPTER 6 — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.06.03 STREETLIGHTS; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. 9.04.02 TYPES OF VARIANCES AUTHORIZED; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING: SEC. 10.02.01 PRE-APPLICATION CONFERENCE REQUIRED, SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT(PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SEC. 10.08.00 CONDITIONAL USES PROCEDURES; SECTION FOUR,' CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN--THE' COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTIONSIX„ EFFECTIVE DATE. - -- Recitals 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 was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superceded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18,2004; and Page 1 of 42 Wnr,ic r,.•,.�!•,1,.-..,nh ..,rp rlAlAtAi• ,.r.,r.l .,,,.i...•I:.,�.i .,,i 11,.7 9q A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid stabilization system covered by imperviously treated surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designed designated for the parking of automobiles. The designated parking area which may not comprise an area greater than forty (40%) percent of any required front yard;;,which,nonetheless,may not serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall utilize only the designated surface parking areas of the lot. B. Two-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with a two-family structure shall be limited to stabilized perrieus--or surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area shall whish-may not comprise an area greater than fifty (50%) percent of any required front yard,L oxcopt that this shall which, nonetheless will not serve to limit a driveway to a width to of less than twenty (20) feet„ and a Separate driveways may be provided on each side of the two-family structure:, but, in no case, shall the combined area of both driveways and any other designated parking areas exceed fifty (50} percent of any required front yard. C. Multi-family (i.e. three (3) or more) dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with multi-family dwelling units shall be limited to stabilized surface areas made of concrete, crushed stone, asphalt, pavers or turf parking systems designated for the parking and storing of:automobiles. Pewiouc aAreas designated for the parking of automobiles shall not exceed a ratio of two and one-half (2_1/2) automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. SUBSECTION 3.K. AMENDMENTS TO SECTION 4.06.02 Buffer Requirements Section 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: • 4.06.02. Buffer Requirements * * * * * * * * * * * * * C. Table of Buffer Yards Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A:Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center, When a Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. Page 21 of 42 Words struck through are deleted;words underlined are added 44 I a 2. 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 maximum four feet on center at planting. When a Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. SUBSECTION 31.AMENDMENTS TO SECTION 4.06.05 General Landscaping Requirements Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: C. Plant Material Standards --- -, - --•- , -- *tete, e -- --• - - --- - -- ••Iltae 7. Lawn grass. Grassed lawn areas shall be planted with turf grass species normally grown for use as permanent lawns in Collier County. Lawns shall be planted using turf grass sod, plugs, sprigs, or seed installation methods. All water management areas and slopes steeper than 6:1 (6 horizontal to 1 vertical) shall be sodded. The use of drought tolerant turf species is encouraged. Synthetic turf shall not be used in any landscape area except when used in the rear yards of residential lots for the construction of recreation areas that do not exceed 30 percent of the rear yard pervious area. • * * * * * * * * * * * I. Treatment of Slopes: The following landscape and engineering standards shall apply to all landscape areas except for Golf Courses. See: Slope Chart 4.06.05.1. and Slope Cross Sections 4.06.05.1. Page 22 of 42 Words struck through are deleted;words underlined are added �,yg4667g9�o Attachment 2 9 0 W Zvi \[Q j ORDINANCE NO.06-63 �Z£ VVV ZoZ6�� AN ORDINANCE OF THE BOARD OF COUNTY ZZZL COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ADDING ABBREVIATIONS, SECTION 1.08.02 ADDING DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING, SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS INCLUDING MAPS, SECTION 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT; SECTION 2.06.01 GENERALLY; CHAPTER 3-RESOURCE PROTECTION, INCLUDING SECTION 3.02.10 STANDARDS FOR SUBDIVISION PLATS, SECTION 3.03.05 SEA LEVEL RISE, SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 — SITE DESIGN STANDARDS, INCLUDING SECTION 4.01.01 ELEVATION REQUIREMENTS FOR ALL DEVELOPMENTS, SECTION 4.02.16 DESIGN STANDARDS FOR THE BMUD NEIGHBORHOOD COMMERCIAL SUBDISTRICT,SECTION 4.02.17 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD WATERFRONT SUBDISTRICT, SECTION 4.02.18 DESIGN STANDARDS FOR DEVELOPMENT IN THE BMUD RESIDENTIAL SUBDISTRICT (R1), SECTION 4.02.23 SAME - DEVELOPMENT IN THE ACTIVITY CENTER#9 ZONING DISTRICT, SECTION 4.02.35 DESIGN STANDARDS IN THE GTMUD MIXED USE SUBDISTRICT (MXD), SECTION 4.02.36 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD RESIDENTIAL SUBDISTRICT (R), ADDING SECTION 4.02.38 SPECIFIC DESIGN CRITERIA FOR MIXED USE DEVELOPMENT WITHIN C-1 THROUGH C-3 ZONING DISTRICTS, SECTION 4.03.05 SUBDIVISION DESIGN REQUIREMENTS,SECTION - 4.04.02 ACCESS MANAGEMENT, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL .- LANDSCAPING REQUIREMENTS, SECTION 4.07.04 SPECIAL REQUIREMENTS FOR MIXED USE PLANNED UNIT DEVELOPMENTS CONTAINING A COMMERCIAL COMPONENT; CHAPTER 5 - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.03.06 DOCK _ FACILITIES, SECTION 5.05.08 ARCHITECTURAL AND ' SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.03 DEVELOPMENT STANDARDS FOR SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS, SECTION 5.06.06 PROHIBITED SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS INCLUDING, SECTION 6.02.02 MANAGEMENT AND MONITORING PROGRAM, SECTION 6.06.02 SIDEWALKS AND BIKE LANE REQUIREMENTS; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES INCLUDING, SECTION 8.06.03 POWERS AND Page I of 96 Words stnie4t4IsiFerugh are deleted,words underlined are added 11 9 iti d =j SECTION 4.06.02 Buffer Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code,is hereby amended to read as follows: 4.06.02 Buffer Requirement C. Table of buffer yards. Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot wide landscape buffer with trees spaced no more than 30 feet on center. When an Alternative A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide views. Clustered tree plantings shall not exceed 60 feet between clusters. 2. 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 maximum four feet on center at planting. When an Alternative B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit, the normally required combined Type B and Type A landscape buffers shall be reduced to a single Type B buffer. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the residential side of the fence or wall. . * * * * * * * * * * * * D. Standards for retention and detention areas in buffer yards.Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. * * * * * * * * * * * * a. Configuration of water management aroas. The shape of a odgos. Soo "Body of Water Shapes" figure below. An Page 55 of 96 Words are deleted,words underlined are added Attachment 3 9 A ORDINANCE NO. 07- 5.7, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND 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: CHAPTER 1 -GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER 2—ZONING DISTRICTS AND USES,INCLUDING SECTION 2.03.01 RESIDENTIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.03.08 RURAL FRINGE ZONING DISTRICTS, SECTION 2.05.01 DENSITY STANDARDS AND HOUSING 5, TYPES; CHAPTER 3 — RESOURCE PROTECTION, INCLUDING SECTION 3.03.02 APPLICABILITY, 3.05.10 LITTORAL SHELF PLANTING AREA; CHAPTER 4 — SITE _ ``21 j I DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.06.02 ^r• ;,, BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL °m LANDSCAPING REQUIREMENTS; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, SECTION 5.06.02 PERMITTED SIGNS, SECTION 5.06.04 SIGN STANDARDS FOR SPECIFIC SITUATIONS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 STORMWATER MANAGEMENT SYSTEM REQUIREMENTS, SECTION 6.05.02 SEAWALLS AND BULKHEADS; CHAPTER 10 — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING, SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIRMENTS FOR PLATS, SECTION 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENT PLANS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.03 APPLICATIONS SUBJECT TO TYPE II REVIEW, SECTION 10.04.04 APPLICATIONS SUBJECT TO TYPE III REVIEW; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals 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 was subsequently amended;and Page 1 of 48 Words s#usk threes are deleted,words underlined are added ! 4 20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank,except Marco Island and Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall exposure,with the rear setback of ten feet. * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06.02 Buffer Requirements,of Ordinance 04-41, as amended,the Collier County Land Development Code,is hereby amended to read as follows: 4.06.02 Buffer Requirements * * * * * * * * * * C. Table of buffer yards. Types of buffers.Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A:Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. 2. 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 maximum four feet on center at planting. 3. 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. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of- way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any 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. (See Figure 4.06.02 C.) Page 19 of 48 Words stfuek4hfough are deleted,words underlined are added Attachment 4 4A 4" eo 3 4 L O. S �� ORDINANCE NO.04-41 tz, ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 'cam F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER Q►��" COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC, 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.04,=-; APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND;-.- ; INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC.1.07.00;-='. 'j LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; i :_ CHAPTER 2-ZONING DISTRICTS AND USES, INCLUDING SEC. } .,.., 2.01.00 GENERALLY,SEC.2.02.00 ESTABLISHMENT OF ZONING 'c = a DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 ; F5 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN 76 in ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. IT,E1. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6— INFRASTRUCTUREIMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7—RESERVED; CHAPTER 8 — DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION,SEC.8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 9 exu.rfi Fr ov, nlci p no rr to re-c0U4icod' 2.4.7.4 COLLI ;R COUNTY LAND DE'V'ELOPMENT CODE - I shall provide a perimeter landscape buffer of at Ieast 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 contin- uous single row hedge a minimum of 24 inches in height spaced three 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 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. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Subject Property's District/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Use 1:A g r i c u l t u r e(AI). - B B B B B A A A A D A - A 2.R e s i d e n t i a l(E,R S F)sin- A A B B B B B C B .r D B - C gle-family 3. Residential (RMF-6, A B A N A BB B B :*. D B - C R:MF-12, RMF-16) multi- family _ 4.Residential tourist(RT) A B A A B B AB B * I) B - B • 5.V i l l a g e residential(V R) A A B B A B B B B 5 D - B - B 6. Mobile home (MI-1) A B B B .B A B B B * D B B. B Supp.No. 17 LDC2;162 • 9A • . , - ZONING 2.4.7.5 Adjacent Properties District 7. Commercial3• d (C-1, A B B .B BB A A A * D B B B CAJT, C-2; C-3, C-4, C-5); Business Park(BP) . 8. Industrials(I) A C B B B B A A2 A * D B B B 9. Public use (P),;cou- A B- B B -B B .A A A '* mm D B - C pity facility (CF), Golf Course Clubhouse, Ame- nity Center 10. Planned unit develop- * * ** * * * * * * * D * - * * ment(PUD) ' 1.1.Vehicular rights-of-way D D D BD DD D ,D D - B - - D 12. Golf course mainte- B B B B B. B B B B B B A r B ' C nance building 13. Golf course - 14.Automobile service s t a- AC C B B B BB C * D C CD tion _ ;f The letter listed under"Adjacent Properties District"is the landscape buffer • and screening alternative required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses,is indicated by the"*"symbol,and must be based on the landscape buffer and screening of the district or use with the most similar types,densities and intensities of use.Where a conflict exists between the buffering requirements and the yard-requirements of this Code,the yard requirements of the subject zoning district shall apply. 'Buffering in agriculture(A) districts shall be applicable at the time of site development plan (SDP)submittal. 2Industrial(I)zoned property,.where abutting industrial (I)zoned prop- erty, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area { shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 1 'Buffer areas between commercial outparcels located within a shopping center may have a shared buffer 15 foot wide with each adjacent property contributing 7.5 feet. This does not apply to right-of-way buffers. 3 4Refer to section 2.6.28 for automobile service station landscape require- zments. 2.4.7.5. "Collier County Streetscape Master Plan" and the "Golden Gate Community { ' Roadways Beautification.Master Plan.' Street corridors identified in the G Stipp.No. 17 LDC2:162.1 • ' 9A � �,tZ348Q�e .63 Attachment 5 4 �tA.• 0 ORDINANCE NO,04-41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS S F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER �l�.��_.�t" COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC,_ 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.0<1,=_ APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE ANDr- INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC.1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS i• '` -- CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY,SEC.2.02.00 ESTABLISHMENT OF ZONING='c - DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 .c,; F3 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN cn ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. o 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6— INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7— RESERVED; CHAPTER 8 — DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION,SEC.8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 9A excor .€1 ,4-.OrGt. OH 4,1 described by the transportation circulation element of the growth management plan, a continuous single row hedge a minimum of 24 inches in height spaced three 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 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. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Pro•erfies District Subje 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ct Prope rs Distric - tlUse 1. - B B B B B A A A A D A - A Agric ulture (A1) 2. A A B B . B B B C B D B C Resid " ential (E, RSF) single farm 3. A A N A B B B B D B - C Resid ential (RMF -6, RMF- 12,. RMF- 16) multif • • amil ' Page 110 of 247 r6,‘ 4. A B A ABB • A B B D B B Resid ends! • tourist _ RT 5. . A A BB BB BB * D B - • Wag reside ntiai • 6. A B BBB A BBB * DBBB Mobil e home • (MN) 7. A B BBBB A A A * DBBB Com memi (C- 1,-C- C-2, C-3, C-4, C-5); Busin CMS Park (BP) 8. . A CBBBB A A2 A • D B B B Indust riai2 (1) 9. A B B B B B A A A * D B - Public USG (P), COMM Unity fealty (CF), Golf Cours • Clubh CUSS, Amen . itY Conte • 1 Page 111 of 247 9q • 10. * * • • D * • Plann ed unit DEVE • LOP- MEN T (PUD) 11. D D- D D . D D. D • D .D D B D Vehic War rights- of- way 12. 8 B B B B B B B B B B A C . Golf cours 8 maint erratic a BUIL DING is. - - - - - Golf - - . - - B - C cours a 14. A C C B B B _ B B C * D C C D Auto . mobil a servic a statio n The letter listed under "ADJACENT Properties District' shall be the LANDSCAPE BUFFER and screening alternative required. The "-" symbol shall represent that no BUFFER is required. The PUD district BUFFER, due to a variety of differing land uses, is Indicated by the "" symbol, and shall be based on the LANDSCAPE BUFFER and screening of the district or use with the most similar types, densities and intensities of use. Where a conflict exists between the BUFFERING requirements and the YARD requirements of this Code, the YARD requirements of the subject zoning district shall apply. 'BUFFERING in agriculture (A) districts shall be applicable at the time of site DEVELOPMENT PLAN (SDP)submittal. industrial (I) zoned property, where ABUTTING industrial (I) zoned Page 112 of 247 9 property, shall be required to install a minimum five-foot-wide type A LANDSCAPE BUFFER ADJACENT to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter BUFFERS only. This reduction in BUFFER width shall not apply to BUFFERS. ADJACENT to vehicular RIGHTS-OF-WAY or nonindustrial zoned property. 3BUFFER areas between commercial OUTPARCELS located within a SHOPPING CENTER may have a shared BUFFER 15 feet wide with each ADJACENT property contributing 7.5 feet. This does not apply to RIGHT-OF-WAY BUFFERS. k�o� �o-S ( Refer to section 5.05.05 for AUTOMOBILE SERVICE STATION ��v\ii '*95 landscape requirements. a. Business Parks A 25-foot wide LANDSCAPE BUFFER shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, BERM, or BERM/wail combination. b. BUFFERING and screening standards. in accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment,trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. D. Standards for retention and detention areas in BUFFER YARDS Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section. Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required BUFFER provided they are consistent with accepted engineering and landscaping practice and the following criteria: 1. Water management systems must not exceed 50 percent of the square footage of any required side, rear, or FRONT YARD LANDSCAPE BUFFER. Page 113 of 247 Attachment 6 9A .9, in S , ORDINANCE NO. 2004- 77 X + {� 4/,', AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS �� AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT 40OL9018 CODE, WHICH INCLUDES THE COMPREHENSIVE 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS--T OF-WAY, SEC. 4.06.04 TREE AND VEGETATION=: PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE^"; ; °- REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL,.. = �, CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING';_ c- - SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURALy STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.0 =; SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENT;. .? AND ADEQUATE PUBLIC FACILITIES REQUIREMENT r INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10-APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, Page 1 of 156 Words *u hreuugh are deleted,words underlined are added __ A (11) Whether the off-site parkin ?1 P will be used for employee parking. (121 Whaler there are more viable alternatives available_ 9,, Off-street parking areas must be accessible from a street, alley or other •ublic rl s h-of-wa and all a -- re=t •arkln s facilities lust be so arranged at o motor ye late s all ave to back onto an -treat excluding singi_e-family and.two-family residential dwellings and churches approved under sections 4.05.04 G.and 4.05.09. SUBSECTION 3.N. AMENDMENTS TO SECTION 4.06.02 BUFFER REQUIREMENTS Section 4.06.02 Buffer Requirements, of Ordinance 0441, as amended, the Collier County Land Development Code,is hereby amended to read as follows: 4.06.02 Buffer Requirements • ,• r r r • • f r r C. Table of buffer yards 4 Types of buffers. Within a required buffer strip, the following alternative shall be used based on the matrix in table 2.4. 1, 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 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. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence,hedge,berm or combination thereof.These projects shall provide a meandering Type D landscape buffer hedge.In addition,a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D:A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any 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 Page 33 of 156 9 landscape buffer abutting a right-of-Way or primary access road internal to a commercial development. A continuous three gallon double row hedge spaced three feet on center 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 4.05.05 CA. c. 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 three Gallon, single row hedge a minimum of 24 inches in height spaced three feet on center,shalt 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-ofway. 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. d. The remaining area of the required landscape buffer 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. TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties Zo a District pnd/or Property Use Subj 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 act Prop ergs Dist l ctiUs 1. _ BB B B B A A A A D A A Agric utture (A1) 2. A A B B B B B C '13 D B _ C Resi dentl al(E; RSF) sing) e- tamil 3. A B (A NA A B B B B D B C Resl dents al (RMF -6, RMF- 12, RMF- 16) multlf amity • Page 34 of 156 9 A 4. A B A A B B A B B • p g - B Reel denti al touris R D B - B 5. A A B B A B B B B Villag e resid ential R 6. A B B B B A B B B « D B BB Mobil e home Alp) 7. A B B B B B A A A D B B B Cam meroi ai3 (C-1, C- 1/T, C-2, C-3, C-4. C-5); Busin aSS Park BP 8. A C B B B B A Az A • D B B B Indus trialz SI) 9. A B B -B B B A A -A « D B C Publi CUSE (P), corn munit Y faciiit Y (CF), Golf Cour se Club hous • e, • Ame nity Cent er 10. • • * • • « * D • Plan ned unit devel opine nt (PUD Page 35 of 156 9q 11. D D p p D D D D D D - B - D Vehic ular rights -of- way 12. B B B B B B B B �B B B A B C Golf cours e maint enan ce build ing 13. - B - C - - - - Golf cours e 14. A C C B B B B B C * D C C D Auto • mobil • e servi ce statlo n - - e. The fetter listed under 'Adjacent Properties Zoning District and/or • Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district o property use the more strinoent buffer shall be required. The -" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "" symbol, and shall be based on the landscape buffer and screening of the district or property use with �7 the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply. \, n�`� 'Buffering in agriculture (A) districts shall be applicable at the IA() ( ` a time of site development plan(SDP)submittal. A�� Zlndustrial (I)zoned property, when abutting Industrial (I)zoned t' �5v� property,shall be required to install a minimum fire-foot-wide type a��0 1 't 5` , A landscape buffer adjacent to the side and rear property lines. fir- This area shall not be used for water management. In addition, oi,�p L\ trees may be reduced to 50 feet on center along rear and side �n� 'i° D perimeter buffers only. This reduction in buffer width shall not W ( Q apply to buffers adjacent to vehicular rights-of-way or �Q9� (c ' nonindustrial zoned property. �" 2�7 ka Buffer areas between commercial outparcels located within a ook �D.� shopping center may have a shared buffer 15 feet wide with ,q., each adjacent property contributing 7.5 feet.This does not apply ��Y � to right-of-way buffers, f. Refer to section 5.05.05 for automobile service station landscape requirements. 5u Business Parks A 25-foot wide landscape buffer shall be provided around the boundary of the business park.A six-foot tall opaque architecturally finished masonry Page 36 of 156 t A wall,or berm,or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall,berm,or berm/wall combination. b:6 Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors. SUBSECTION 3.0. AMENDMENTS REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of- Way, of Ordinance 04-41,as amended,the Collier County Land Development Code, is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way { * * • B. Standards for landscaping in Vehicular Use Areas 1. Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet In area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. 2. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained In a • landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree,measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. 3�Alt rows of parking spaces shall be bordered on each end by curbed landscape Islands as shown in Figure 3, Terminal Landscape Islands. Each terminal Island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the Island. Type 0.curbing is required around all landscape islands . A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The Page 37 of 156 ' 9 A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Errors AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.03.02 Fences and Walls, Excluding Sound Walls CHANGE: To correct an inaccurate code reference within LDC subsection 5.03.02 H.4.a. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS:None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers,Planning Technician, April 23, 2014. Amend the LDC as follows: 1 5.03.02 Fences and Walls, Excluding Sound Walls 2 3 H. Wall requirement between residential and nonresidential development. Whenever a 4 nonresidential development lies contiguous to or opposite a residentially zoned district, a 5 masonry wall, concrete or pre-fabricated concrete wall and/or fence shall be constructed 6 on the nonresidential property consistent with the following standards. 7 1. Height and Location. 8 9 4. Deviation from wall requirement. 10 a. At the applicant's request, the County Manager or designee may 11 determine that a masonry wall and/or fence is not warranted, particularly 12 where the local street lies contiguous to the rear of a residence or some 13 other physical separation exists between the residential development and 14 the nonresidential development, or for other good cause including the 15 existence of a wall on an adjacent residential development. The 16 applicant shall demonstrate that the intent of this section can be 17 effectively accomplished, without constructing a wall, by providing 18 submitting for approval of an alternative design and a descriptive I I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.03.02 Fences and Walls,Excluding Sound Walls\5.03.02 Fences and Walls,Excluding Sound Walls-Scrivener's error 061614.docx 6/16/2014 10:20:26 AM Text underlined is new text to be added. Text strikethrough is current tcxt to be deleted. Bold text indicates a defined term 1 narrative through an Administrative Fence Waiver application, as set forth 2 in the Administrative Code. - ___ a- -e • • - _ ._ -- _ _-- 3 set forth in subsection 5.03.02 B.2.b. of this Code. The County Manager 4 or designee shall review the submitted documents for consistency with 5 the intent of this section and, if the administrative variance is approved, 6 the approval and its basis shall be noted on the site development plan 7 and the administrative variance approval letter. 8 # # # # # # # # # # # # # 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.03.02 Fences and Walls,Excluding Sound Walls\5.03.02 Fences and Walls,Excluding Sound Walls-Scrivener's error 061614.docx 6/16/2014 10:20:26 AM � 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Error AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.04 Model Homes and Model Sales Centers CHANGE: To correct minor citation and formatting errors. REASON: The changes will assist in locating and applying the correct LDC sections. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS:No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 8, 2014. Amend the LDC as follows: 1 2 5.04.04 Model Homes and Model Sales Center 3 4 B. Model homes and model sales centers located within residential zoning districts, a 5 residential component of a PUD, the estates (E)zoning district, or the agricultural (A) 6 zoning district, shall be restricted to the promotion of a product or products permitted 7 within the zoning district in which the model home or model sales center is located and 8 further subject to the following: 9 1. Model homes shall only be permitted for dwellings that have not been previously 10 used as a residence. 11 2. A model home or model sales center is not intended to allow the full scope of real 12 estate activities and shall be restricted primarily to the sale and marketing of the 13 model or products similar to the model. A model home shall not include offices 14 for builders, contractors, developers, or similar activities. 15 3. Model homes may be "wet" or"dry." 16 a. Model homes permitted as "dry" models (unoccupied by a sales office 17 and/or representative) shall be limited to a conditional certificate of 18 occupancy allowing the use of the structure as a model only, provided all 19 required infrastructure is in place to service the unit. l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 061014.docx 6/10/2014 4:05:50 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 b. Model homes permitted as "wet" models (occupied by a sales office 2 and/or representative) shall not be occupied until such time as all required 3 infrastructure is available to service the unit and a permanent certificate of 4 occupancy has been issued. 5 c. Transportation to and from unoccupied model homes shall be provided at 6 a sales center, which also provides required parking and handicapped 7 accommodations in accordance with LDC section 5.04.04_{C). 8 d. Model homes occupied by a sales office and/or representative must have 9 all required landscaping, parking, and handicapped access on site. 10 e. A temporary use permit for a model home (occupied or unoccupied) shall 11 be issued initially for a period of three-(3)years. Extensions in excess of 12 this period shall require submittal and approval of a conditional use 13 petition in accordance with LDC section 10.08.00Chapter 10 of this Code. 14 4. Model sales centers may be located in either a temporary structure, usually a 15 mobile home, or a permanent structure which is either a residential dwelling 16 unit or a non-residential structure. Temporary use permits shall be issued as 17 follows: 18 a. A temporary use permit for a sales center in a temporary structure shall 19 be issued initially for a period of three (3)-years and may be renewed 20 annually based upon demonstration of need. 21 b. A temporary use permit for a sales center in a permanent structure 22 which is a residential dwelling unit shall be issued initially for a period of 23 three (3)years. Extensions in excess of this period shall require submittal 24 and approval of a conditional use petition in accordance with LDC 25 section 10.08.000haptcr 10 of this Codc. 26 c. A temporary use permit for a sales center in a permanent structure other 27 than a residential dwelling unit shall be issued initially for a period of 28 three (3)years and may be renewed annually on demonstration of need. 29 5. Temporary use permits for model homes or model sales centers to be located 30 within a proposed single-family development prior to final plat approval may be 31 requested by the applicant and require: 32 a. Administrative approval of a plat and construction plans showing all 33 required infrastructure for the lot(s) on which the model home or model 34 sales center is to be located. 35 b. A site development plan (SDP) pursuant to LDC section 36 10.02.03Chapter 10. 37 c. A maximum of five-(5) models, or a number corresponding to ten (10) 38 percent of the total number of platted lots, whichever is less, per platted, 39 approved development shall be permitted prior to final plat approval as 40 specified above. 41 d. The applicant shall provide documentation that all required utilities will be 42 available to the subject site, and, where required, shall depict such 43 utilities in detail on the SDP. 44 e. The parcels on which the models are located must abut a privately 45 owned and maintained road, temporary in nature or permanently 46 constructed to Collier County roadway standards. 47 f. The boundaries depicted on the preliminary subdivision plat shall be 48 depicted on the SDP in order to ensure compliance with the applicable 49 development standards in effect on the subject property. 50 g. Final lot grading and drainage conveyance shall be in conformance with 51 the master grading plan for the project as depicted on the preliminary 52 subdivision plat submittal documents. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 061014.docx 6/10/2014 4:05:50 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 6. Temporary use permits for model units or units used for sales centers in multi- 2 family projects shall not be issued prior to plat recordation and final approval of 3 the project site development plan. 4 7. All other temporary use requests for model homes shall require the submission of 5 a conceptual plan which demonstrates that provisions will be made to adequately 6 address the requirements of LDC section 5.04.04_{C). 7 8. Temporary use permits for a model sales center within an existing subdivision 8 shall require a site plan as follows: 9 a. In the case of a permanent structure which is a dwelling unit, a site 10 improvement plan (SIP) per LDC section 10.02.0310.02.04 of this Code; 11 b. In the case of a permanent structure which is other than a dwelling unit, 12 a site development plan (SDP); 13 c. In the case of a temporary structure (mobile home or sales trailer), either 14 a conceptual site plan (CSP)which addresses the requirements of LDC 15 section 5.04.04(C), or a SIP, depending on the extent of the work 16 required. 17 d. A SIP, depending on the extent of the work required. 18 9. Temporary use permits for model homes to be located within a proposed single- 19 family development may be approved following administrative approval of a plat 20 and construction drawings for all required infrastructure encompassing the lots 21 on which the models are to be constructed pursuant to LDC section 4.03.00, and 22 a CSP which addresses the requirements of LDC section 5.04.04{C)of this 23 fie. Unoccupied (dry) model homes will be permitted only in conjunction with 24 an approved SDP for a model sales center which provides adequate parking to 25 support the model(s). 26 10. Temporary use permits for occupied (wet) model homes following subdivision 27 approval shall require a CSP which addresses the requirements of section 28 5.04.04{C)of the LDCthis Code. Temporary use permits for unoccupied model 29 homes following subdivision approval shall require a CSP and shall be issued 30 only in conjunction with an approved SDP or SIP for a model sales center which 31 provides adequate parking to support the model(s). 32 # # # # # # # # # # # # # 33 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts\5.04.04 Model Homes and Model Sales Centers\5.04.04 Model Homes and Model Sales Centers 061014.docx 6/10/2014 4:05:50 PM 9I1P9 Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: To amend the Special Events section of the LDC and include a new provision for open air markets. An open air market is described as a public marketplace where food and merchandise is sold within certain nonresidential zoning districts. An open air market includes farmer's markets and flea markets. The section establishes standards based off of current practices by open air markets in the County as well as other municipal code provisions in Florida. The proposed language identifies where open air markets can be held, application submittal requirements, and standards for approval. It should be noted that PUDs may include a community event, farmer's market, flea market, open air market, etc. within the PUD as a permitted use and therefore do not need to obtain a Temporary Use Permit for each event. The purpose of an open air market, which allows for a numerous vendors to sell goods as a group, is distinct from the purpose of a sales and promotional event for an established business, i.e. a sidewalk sale or tent sale conducted by the established business. Therefore, it is proposed that the special event time frames are adjusted so the two event types can occur exclusive of one another. REASON: Currently, open air markets are typically reviewed by Staff under the LDC section 5.04.05 A.1 — Sales and Promotional Events. However, this section is intended for tent sales and sidewalk sales for permanently established businesses. This section identifies that sales should be related to the principal activities in operation at the subject property, however, this is too narrow for an open air market. Generally, open air markets sell a broad array of food and retail goods which may or may not be available for sale within adjacent businesses. Open air markets can also be applied for pursuant to LDC section 5.04.05 A.2 — Sports, religious, and community events. In this instance the open air market is considered a religious and/or community event. These temporary use permits are restricted to zoning districts in which the use would normally be permitted, unless otherwise approved by the Board. It should be noted that these events are free of charge if the sponsor of the event is a "bona fide nonprofit organization and the event is intended to benefit the community at large or a specific group of individuals." 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM 9A Text underlined is new text to be added. Bold text indicates a defined term Currently, the County Manager or designee may grant nonrenewable temporary use permits (for sales and promotional events and for community events etc.) for 14 days duration such that during the calendar year the sum total duration of all permits for that location does not exceed 28 days. The proposed amendments to the special event time frames are designed to separate the special event type timeframes from one another and remove any overlap of event days. Please see the Planning Commission's (CCPC)recommendations below. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Sec. 126-155. (Chapter 126 — Taxation, Article IV. Local Business Tax.) Farmer's markets, flea markets, etc. where individuals sell from stalls. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATION: • Amend the number of event days to 30,rather than 28 event days. DSAC RECOMMENDATION: • Amend the number of special event days to 30, rather than 28 event days. CCPC RECOMMENDATIONS: • The Planning Commission recommended the removal of several standards, previously proposed within LDC section 5.04.05 A.1.d for open air markets, including: o A building permit may be required for the erection of temporary structures. o Hours of operations shall be limited to the daylight hours (sunrise and sunset). The Planning Commission amended the standard to allow the applicant to identify the hours of operation. o All vendor goods shall be removed daily from the premises after operational hours. o Temporary signage shall be subject to the restrictions set forth in LDC section 5.04.06. • The Planning Commission also recommended that the number of event days be extended as follows: o Previously the amendment proposed that each permit would allow for 14 event days, not to exceed more than 7 consecutive event days at any one location. The Planning Commission extend the permit to a total of 56 event days, not to exceed more than 7 consecutive event days at any one location. o Previously the amendment proposed that an open air market at any one location shall not exceed 28 event days within a calendar year. The Planning Commission extended this limitation to 84 event days within a calendar year. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 9, 2013, May 6, 2014, June 10, 2014. 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM 9 A A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Amend the LDC as follows: 5.04.05 Temporary Events 1 2 A. Special Events. 3 1. Open air markets. 4 a. Purpose. The purpose of an open air market is to allow for the open air 5 sale of retail products in certain nonresidential zoning districts. This 6 includes farmer's markets and flea markets. Temporary use permits for 7 open air markets may be issued for use on improved or unimproved 8 properties. 9 b. Location. Open air markets are allowed in the following locations: 10 i. Rural Agricultural, Commercial, Business Park, Public Use District, 11 and Community Facility zoning districts. 12 ii. Commercial and Community Facility designated areas within a 13 PUD. 14 iii. Community facilities, such as public and private schools and 15 public parks. 16 iv. Places of worship. 17 c. Application. The Administrative Code shall establish the procedural 18 requirements for an open air market. 19 i. The application shall include a site plan depicting the location of 20 the event, the boundaries of the market, location of temporary 21 signage, structures, and designated parking areas for patrons. 22 ii. The hours of operation. 23 iii. An approval letter, signed by the property owner, identifying the 24 property owner's permission to use the location for an open air 25 market on the event dates. The approval letter shall include the 26 location's street address and the property owner's contact 27 information. 28 d. Standards for an open air market. 29 i. Hours of operations shall be identified. 30 ii. Sanitary facilities shall be provided for the duration of the event. 31 Provide proof of consent by business management if permanent 32 business restrooms are to be utilized. 33 iii. Safe ingress and egress shall be provided. 34 iv. Traffic circulation shall be maintained. 35 v. Adequate parking space shall be provided for patrons. If located 36 within a commercial area, adequate parking space shall be 37 reserved for established businesses. 38 vi. No sales shall be permitted in the public right-of-way. 39 vii. All temporary structures and equipment, merchandise, or 40 placement and parking of vehicles in conjunction with the open air 41 market, shall be located in a parking lot or open space and 10 feet 42 from the property line. 43 e. Operators of an open air market and individuals selling goods at an open 44 air market are responsible for compliance with local business tax 45 requirements, pursuant to Collier County Code of Laws and Ordinances 46 Sec. 126-143, Sec. 126-152, and Sec. 126-155, or successor sections. 3 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM 9A Text underlined is new text to be added. Tcxt ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 f. Each vendor is responsible for securing and displaying all necessary 2 licenses, including but not limited to any license and or approval required 3 when offering prepared food for consumption, including but not limited to: 4 Florida Department of Agriculture, Food Safety and Department of 5 Business and Professional Regulation. 6 42. Sales and Promotional Events. 7 a. A temporary use permit is required for temporary sales and/or 8 promotional events on non-residential property, such as grand openings, 9 going out of business sales, special promotional sales, sidewalk sales, 10 overstock sales, tent sales, or other similar uses for sales and 11 promotional events related to the principal activities in operation at the 12 subject property, unless otherwise provided for in this section. 13 b. The Administrative Code shall establish the procedural requirements for a 14 temporary use permit for sales or promotional events. 15 c. In support of the proposed temporary sale or event, temporary signs, 16 merchandise, structures, and equipment may be placed subject to 17 approval of a site plan depicting same. 18 i. Temporary signage shall be subject to the restrictions set forth in 19 LDC section 5.04.06 20 ii. All temporary structures and equipment, merchandise, or 21 placement and parking of vehicles in conjunction with the 22 temporary sale, shall be located in a parking lot or open space 23 and 10 feet from the property line. conform to the minimum yard 24 requirements of the zoning district in which it is located. 25 iii. A building permit may be required for the erection of temporary 26 structures. 27 d. Temporary use permits for sales may be issued to the owner(s) of a 28 commercial establishment, or to the tenant(s) operating within a 29 commercial establishment with the approval of the property owner or 30 property manager, provided said tenant provides documentation of a 31 current annual lease with the property owner. Uses permitted by an 32 approved temporary sales permit shall be operated by the property owner 33 or tenant(s), except as provided for in LDC sections 5.04.05 A.42.g. and 34 5.04.05 A.42.h. below. 35 e. Temporary use permits for sales shall be restricted to those zoning 36 districts in which the sale of the items would normally be permitted. 37 Further, the sales activity permitted by the temporary use permit shall be 38 related to the principal commercial activities in operation on the subject 39 property, except as provided for in subsections 5.04.05 A.42.g. and 40 5.04.05 A.42.h. below. 41 f. Special event tTemporary use permits for Sales and Promotional Events 42 shall not be issued for undeveloped properties, with exception to pre- 43 construction ground breaking events with a valid development order. 44 g. The County Manager or designee may issue temporary use permits for 45 satellite locations subject to the applicable restrictions set forth in this 46 section, provided the applicant currently operates a business from a 47 permanent, approved commercial location within the County. Additionally, 48 the purpose of the temporary sale shall be the same as the principal 49 purpose of the existing commercial business of the applicant. 50 h. The County Manager or designee may, in determining a specific benefit 51 to the public, grant a temporary use permit to facilitate the sale of an item 4 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 or items not generally available within a specific planning community, 2 subject to the applicable restrictions set forth in this section. 3 23. Sports, religious, and community events. 4 a. A temporary use permit is required for sports, religious, community, or 5 other similar events sponsored by profit, nonprofit, charitable, civil, or 6 membership organizations, on lands not specifically developed and 7 approved for such activities on a regular basis. The County Manager or 8 9 days duration for such events. 10 b. Temporary use permits of this type may, in support of the use being 11 permitted, include the placement of temporary signs, merchandise, 12 structures and equipment, and a mobile home as an office, but not for 13 residency. 14 i. Temporary signage shall be subject to the restrictions set forth in 15 section 5.04.06 16 ii. A building permit may be required for the placement and/or 17 erection of temporary structures. 18 c. Temporary use permits in this category shall be restricted to those zoning 19 districts in which the use would normally be permitted, unless otherwise 20 approved by the Board of County Commissioners via a public petition 21 request. 22 d. The County Manager or designee shall accept, without fee, temporary 23 use permit applications for sports, religious, community, or other similar 24 events, upon presentation of documentation that the sponsor of the event 25 is a bona fide nonprofit organization and the event is intended to benefit 26 the community at large or a specific group of individuals. Two such events 27 -- ' -- - - -- - - - - - .- •- 28 34. Special Event time limits. 29 a. Open air markets. The County Manager or designee may grant 30 nonrenewable temporary use permits for open air markets. Each permit 31 shall allow for up to 56 event days, not to exceed more than 7 32 consecutive event days at any one location. No open air market at any 33 one location shall exceed 84 event days within a calendar year. 34 b. Sales and Promotional Events. The County Manager or designee may 35 grant nonrenewable temporary use permits for sales and promotional 36 events. Each permit shall allow for of up to 14 event days. No sale and 37 promotional event at any one location shall exceed 28 event days within a 38 calendar year. duration, such that during any calendar year the sum total 39 -- - - - - - '• - -- - - --- - -- -40 28 days. 41 b. i. For multiple occupancy parcels with 10 or more tenants 42 the total duration of all such permits shall not exceed 42 event 43 days per calendar year. 44 c. Sports, religious, and community events. The County Manager or 45 designee may grant a nonrenewable temporary use permit of up to 14 46 event days. Two such events per calendar year per organization are 47 eligible for this permit. 48 Gd. Extensions. Temporary use permits for special events may be extended 49 up to an additional/1 weeks 24 event days when approved by the Board 50 of County Commissioners. Such approval may be subject to stipulations 51 and additional constraints which shall be noted as conditions of the permit 5 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts15.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 and the permittee will be required to sign a notarized agreement to abide 2 by such conditions. 3 B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 4 issued for seasonal and holiday related temporary sales subject to the following 5 restrictions. 6 1. Temporary use permits for seasonal sales may be issued only for the following 7 seasonal/holiday related items: 8 a. Christmas trees. 9 b. Fireworks (subject to the issuance of an approved permit by the 10 jurisdictional fire district). 11 c. Pumpkins. 12 2. Temporary use permits for seasonal sales may be issued on improved or 13 unimproved properties. 14 3. The applicant shall provide a notarized letter from the property owner or 15 property manager granting permission to utilize the subject property for the 16 temporary seasonal sales. 17 4. Temporary use permits for seasonal and/or holiday sales may, in support of the 18 use being permitted, include the placement of signs, merchandise, temporary 19 structures, and equipment. 20 i. Temporary signage is subject to the restrictions set forth in subsection 21 LDC section 5.04.06 A & B. 22 ii. A building permit may be required for the erection of temporary 23 structures. 24 C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales 25 to be held at private homes, churches and other places of worship, community centers, 26 or other nonprofit residentially zoned institutions, the County Manager or designee may 27 issue one 2-day permit for such events during each 6 month period. 28 D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, 29 from time to time, be called upon to allow certain uses for specific periods of time. After 30 public hearing, the County Manager or designee may issue a Temporary Use Permit 31 upon receipt of satisfactory evidence that all stipulations and/or requirements have been 32 satisfied. 33 1. Bona fide 4-H Youth Development Programs. A non-renewable 16 week permit 34 may be issued to allow for the keeping of up to 2 hogs, on Estates zoned 35 property of 1.25 acres or greater, in preparation for showing and sale at the 36 annual Collier County Fair. 37 a. Pastures shall be fenced and maintained. Any roofed structure used for 38 the sheltering, feeding, or confinement of such animals shall be setback 39 a minimum of 30 feet from lot lines and a minimum of 100 feet from any 40 residence on an adjacent parcel of land. 41 b. Structures, as described above, shall be maintained in a clean, healthful, 42 and sanitary condition. 43 c. Once removed for showing and/or sale, the hog(s) shall not be returned 44 to the property. 45 d. This permit may be revoked with cause. # # # # # # # # # # # # # 6 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 A Temporary Events-Open Air Markets\5.04.05 A Temporary Events_temp open air market 061014CCPC Amended.docx 6/10/2014 4:07:07 PM Text underlined is new text to be adde 9 Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.04.05 Temporary Events CHANGE: To clarify that a temporary use permit may be issued for fireworks, as allowed by Florida Statutes Chapter 791. REASON: Currently, the LDC section 5.04.05 Temporary Events identifies that a temporary use permit may be obtained for the seasonal sale of fireworks. The term "fireworks" is defined in Chapter 791 and noted below. The proposed LDC amendment establishes that a temporary use permit may be issued for the seasonal sale of fireworks as long as the sale is consistent with and allowed by the regulations identified in F.S. Chapter 791. The proposed language ensures that the public understands the County is only issuing temporary use permits for actions that are permissible under Florida Statutes. F.S. 791.01 defines "Fireworks" as the following: 4)(a) "Fireworks"means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets,roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) "Fireworks" does not include sparklers approved by the division pursuant to s. 791.013;toy pistols,toy canes,toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture,the sale and use of which shall be permitted at all times. (c) "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snake or glow worm,which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 1 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 060514.docx 6/5/2014 11:03:44 AM Text underlined is new text to be added. Bold text indicates a defined term 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that,upon burning,produces white or colored smoke as the primary effect. 3. A trick noisemaker,which is a device that produces a small report intended to surprise the user and which includes: a. A party popper,which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive,which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. b. A booby trap,which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound,which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper,which is a small,paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes,producing a small report.A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition,produces a small report or shower of sparks. e. A cigarette load,which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib.A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: F.S. Chapter 791. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LRD RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,Nov. 25th Amend the LDC as follows: 5.04.05 Temporary Events 2 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 060514.docx 6/5/2014 11:03:44 AM s9 A Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term 1 B. Temporary seasonal sales. A nonrenewable 5 week temporary use permit may be 2 issued for seasonal and holiday related temporary sales subject to the following 3 restrictions. 4 1. Temporary use permits for seasonal sales may be issued only for the following 5 seasonal/holiday related items: 6 a. Christmas trees. 7 b. Fireworks, as allowed by F.S. Chapter 791 and{subject to the issuance of 8 an approved permit by the jurisdictional fire district)_ 9 C. Pumpkins. 10 2. Temporary use permits for seasonal sales may be issued on improved or 11 unimproved properties. 12 3. The applicant shall provide a notarized letter from the property owner or 13 property manager granting permission to utilize the subject property for the 14 temporary seasonal sales. 15 4. Temporary use permits for seasonal and/or holiday sales may, in support of the 16 use being permitted, include the placement of signs, merchandise, temporary 17 structures, and equipment. 18 i. Temporary signage is subject to the restrictions set forth in LDC 19 subsection 5.04.06 A& B. 20 ii. A building permit may be required for the erection of temporary 21 structures. 22 # # # # # # # # # # # # # 3 l:\2014 LDC Amendment Cycle 11Current LDCA Drafts\5.04.05 B Tempoary Events-Fireworks\5.04.05 B Temporary Events fireworks 060514.docx 6/5/2014 11:03:44 AM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 5.06.00 Sign Regulations and Standards by Land Use Classification 5.06.02 Development Standards for Signs within Residential Districts 5.06.04 Development Standards for Signs in Nonresidential Districts 5.06.05 Exemptions from These Regulations 5.06.06 Prohibited Signs 5.06.09 Nonconforming Signs CHANGE: 1. To include a definition of Light Pole Banners within the definitions section of LDC section 5.06.00. 2. To amend LDC section 5.06.02—Development Standards for Signs within Residential Districts to allow for additional residential directional signage. It is proposed that there is no limit on the number of signs,provided they are separated by a minimum distance of 250 feet or a private right-of way. This section has been reorganized to clarify the dimensional standards and exceptions. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 3. To include a provision within 5.06.02—Development Standards for Signs within Residential Districts to allow for community amenity signs internal to the site. These signs would mark the entrance to a community center, clubhouse,health spa,tennis club, or other recreational facility intended to serve the residential development. The proposed provision allows for two ground signs,with a height of 8 feet and a sign copy area of no more than 32 square feet per sign and one wall sign. In addition,to allow for informational signs,which are often used to post information for the community. It is proposed these signs are limited to no larger than 8 feet in height and 16 square feet in area and located interior to the residential development. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. I:\2014 LDC Amendment Cycle 11Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 4. To include a provision within 5.06.02—Development Standards for Signs within Residential Districts to allow for Light Pole Banners within a residential development and applicable portions of residential PUDs. The light pole banners would provide for a clearance of 8 feet from the lowest point of the bracket structure. The light pole banner would allow for no more than 12 square feet of banner per light pole (the banner size encompasses the sign copy area). Residential communities would be required to provide the maintenance for the light pole banners. Light pole banners shall be made of fabric. The light pole banner shall be filled at all times.No permit would be required for the installation of the light pole banner. A permit is required for the installation of the light pole. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 5. To include a provision within 5.06.02—Development Standards for Signs within Residential Districts to allow for Boundary Markers, which are used by residential communities to identify the edge of a development. A boundary marker is a ground sign and is located at the corner of the property to mark the edge of a development. It may contain the name of the subdivision and the insignia or logo of the subdivision. The maximum height shall be 8 feet and a minimum setback of 10 feet is required from all property lines or road right of way. The sign face shall not exceed 24 square feet in area and the height of the sign face shall not exceed the height of the monument or structure upon which it is located. A maximum of two boundary markers will be allowed on any one road frontage with a minimum distance between them of 250 feet. This section is intended to apply to all new and existing residential developments within the County, including those subdivisions created through the PUD process. Language has been included in this section to reflect this intent. 6. To amend LDC section 5.06.05 Exemptions from These Regulations and identify that religious displays that do not constitute advertising shall be exempt from the standards within the 5.06.00. 7. To amend LDC section 5.06.06 Prohibited Signs and identify that LED lights shall not be exposed and require a light fixture covering. Please note that exposed neon "Open" signs are allowed under 5.06.04 F.4.e. 8. To amend LDC section 5.06.09 Nonconforming Signs to address changes in sign copy. The proposed amendment would allow for an exception to the nonconforming sign provision and would allow for sign copy(i.e. the removable panels which I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term identify business names)to be changed for permitted signs which have become nonconforming over time.No change in size, shape, or function of structure would be allowed. REASON: 1. The proposed definition of Light Pole Banners is necessary for the proposed new standards for light pole banners within LDC section 5.06.02—Development Standards for Signs within Residential Districts. 2. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts will allow residential communities to utilize a greater number directional signs internal to a site. In particular,this has been an issue for developments which have multiple subdivisions and amenities. Many developments have included it within their PUD ordinances. This provision will apply to all future and existing residential developments,which means that straight zoning developments may utilize this provision and residential PUDs will not need to amend the PUD ordinance to install the on-premise directional signs. No limitation on the number of directional signs is proposed; however, a minimum separation distance between each sign will be required. This will limit the number of signs that can be used within private right-of ways.Directional signage within a public right-of-way will require a Collier County right-of-way permit. It is further proposed the section has been reorganized to clarify the dimensional standards and exceptions. 3. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts allows for community amenity signs internal to the site and will apply to all existing residential developments, which means that straight zoning developments may utilize this provision and residential PUDs will not need to amend the PUD ordinance to install the on-premise directional signs. The current LDC sign provisions do not provide for this sign type. These signs would mark the entrance to a community center, clubhouse, health spa,tennis club, or other recreational facility intended to serve the residential development. The proposed size is derived from the standard entrance signage to a community. This is a common request of PUD developments. 4. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts would allow for Light Pole Banners within a residential development and applicable portions of residential PUDs. The provision is designed to apply to all existing residential developments,which means that straight zoning developments may utilize this provision and residential PUDs will not need to amend the PUD ordinance to install the on-premise directional signs. The banner copy area of 12 square feet is based off one of the lager signage sizes available on the market. l:12014 LDC Amendment Cycle 1\Current LDCA Drafts15.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term The provision outlines that residential communities are required to provide the maintenance for the light pole structure and light pole banners and that the light pole banners shall be made of a fabric material. These provisions will support the maintenance and durability of the light pole banner. 5. The proposed amendment to LDC section 5.06.02—Development Standards for Signs within Residential Districts will allow for Boundary Markers, which are used by residential communities to identify the edge of the development. The provision is designed to apply to all existing residential developments, which means straight zoning developments may utilize this provision and residential PUDs will not need to amend the PUD ordinance to install the on-premise directional signs. 6. The proposed amendment to LDC section 5.06.05 Exemptions from These Regulations identifies that religious displays that do not constitute advertising shall be exempt from the LDC signage standards. This provides an exemption for religious symbols to be used and not reviewed as a form of marketing or advertising. 7. The proposed amendment to LDC section 5.06.06 Prohibited Signs updates the LDC and establishes that LED lights, similar to neon lights require a light fixture covering. This provision brings the LDC in line with current practices and technological advances within the lighting industry. Please note that exposed neon"Open" signs are allowed under 5.06.04 F.4.e. 8. The proposed amendment to LDC section 5.06.09 Nonconforming Signs follows current policy to allow for a change in copy on existing nonconforming signs. The provision identifies this as an exemption to the standard nonconforming provisions. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: • For the light pole banner definition, consider other types of light pole banner materials, such as aluminum or plastic. If other materials are allowed, section 5.06.00 B.13 may need to be amended as there may be no bracket utilized. • Identify an exception to following language, as PUDs may be more permissive than what is proposed: "In the event of a conflict between this provision and a PUD ordinance, this language shall control." This language is within several of the proposed within the following LDC sections: o 5.06.02 B.5 On-premise directional signs o 5.06.02 B.12 Community Amenities Signs 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9 4 Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term o 5.06.02 B.13 Light Pole Banner o 5.06.02 B.13 Light Pole Banner • For LDC Section 5.06.02 regarding boundary markers, the subcommittee recommended that 10 feet is used for the height, rather than 8 feet, as they relayed this is the height which is generally requested during the PUD process. Note: The 8 foot fence is based on the LDC standards in LDC section 5.03.02 H.l.a. • Address whether a building permit is necessary to change out sign copy within a nonconforming sign structure. • Staff incorporated several subcommittee recommendations, including increasing the sign face of a boundary marker from 16 square feet to 24 square feet and providing a minimum separation distance of 250 feet from another boundary marker on any one road frontage. DSAC RECOMMENDATIONS: Support DSAC-LDR's recommendations. CCPC RECOMMENDATIONS: • To amend 5.06.02 B.14,the proposed Boundary Marker section to "Boundary Marker Sign"to signify the difference between boundary markers that are used for land surveying purposes. • The Planning Commission also relayed concern with the following language: "In the event of a conflict between this provision and a PUD ordinance,this language shall control." The concern stems from many PUDs having been granted different signage standards than what is currently proposed through the PUD deviation process. Although the goal of the amendment is to encompass many of the common deviations,the language does not mirror or represent all past PUD deviation approvals. Following the Planning Commission's concern and discussion with the County Attorney's office,the following language is proposed: "In the event of a conflict between this provision and a PUD ordinance,this the PUD language shall control." Because the Planning Commission identified it would prefer this text change,the amended language has been included in the following sections: o 5.06.02 B.5 On-premise directional signs o 5.06.02 B.12 Community Amenities Signs o 5.06.02 B.13 Light Pole Banner o 5.06.02 B.13 Light Pole Banner OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,November 6, 2013, January 6, 2014, May 8, 2014, May 27,2014 Amend the LDC as follows: 1 5.06.00 Sign Regulations and Standards by Land Use Classification 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM Text underlined is new text to be ad d. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 A. Definitions. The definitions of the following terms shall apply to the requirements of the 2 Land Development Code, in particular this section 5.06.00, to be known as the"Collier 3 County Sign Code." 4 * * * * * * * * * * * * * 5 Light Pole Banners: Fabric panels projecting from light poles. 6 # # # # # # # # # # # # # 7 8 5.06.02 Development Standards for Signs within Residential Districts 9 * * * * * * * * * * * * * 10 B. Applicability. Signs within residential zoning districts, and in designated residential 11 portions of PUD zoned properties shall be permitted as provided for in this section. 12 * * * * * * * * * * * * * 13 5. On-premises directional signs. This provision shall apply to all new and 14 existing residential developments within Collier County, including all created 15 through the PUD process. In the event of a conflict between this provision and a 16 PUD ordinance, the PUD language shall control. Directional signs are subject to 17 the following standards: - - -- - _ _ __ - -- _ - - -- - •- _ 18 and located internal to the subdivision or development may be allowed under the 19 following restrictions. 20 a. Each sign shall be setback a minimum of 10 feet from the edge of the 21 roadway, paved surface or back of the curb, as applicable. 22 b. There is no limitation on the number of directional signs provided they are 23 separated by a minimum distance of 250 feet or a road right-of-way. 24 bc. •- - _ - _ __ _ • _ - _ Signs shall be no greater than 4 25 square feet in area and 4 feet in height. 26 i. Exception. One on-premise directional sign with a maximum area 27 of 24 square feet and a maximum height of 8 feet is allowed. Such 28 combined signs requires a building permit. 29 d. Directional signs shall be located internal to the subdivision or 30 development. 31 * * * * * * * * * * * * * 32 12. Community Amenities Signs. 33 a. Amenity sign. A community center, clubhouse, health spa, tennis club, 34 and other recreational facilities intended primarily to serve the residential 35 communities and/or residential components of a PUD are allowed to have 36 amenity signs located interior to the residential development and shall not 37 be visible from external roadways. This provision shall apply to all new 38 and existing residential developments within Collier County, including all 39 created through the PUD process. In the event of a conflict between this 40 provision and a PUD ordinance, the PUD language shall control. The 41 following amenity signs are allowed: 42 i. A maximum of 2 ground signs with a height of 8 feet and a sign 43 copy area of no more than 32 square feet per sign. Signs shall be 44 located at the main entrance to the facility. A minimum 10 foot 45 setback from the property line or road right-of-way is required. 46 ii. A maximum of 1 wall sign, pursuant to 5.06.02 B.7. 47 b. Information sign. A community information sign shall be no larger than 6 48 feet in height and 16 square feet in area. An informational sign shall be 49 located interior to the subdivision or residential development. 50 13. Light Pole Banner. Light pole banners shall be located interior to residential 51 developments and/or residential components of a PUD and shall not be visible 52 from external roadways. One light pole banner may be attached to community l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 street light poles with a minimum clearance of 8 feet, measured from the lowest 2 point of the light pole banner bracket. Light pole banners shall be no more 3 than 12 square feet per banner. This provision shall apply to all new and existing 4 residential developments within Collier County, including all created through the 5 PUD process. In the event of a conflict between this provision and a PUD 6 ordinance, the PUD language shall control. 7 a. Residential communities shall be responsible for the maintenance of all 8 light pole banners. No permit is required to install a light pole banner. 9 14. Boundary Marker sign. One boundary marker sign or monument structure may 10 be located at each property corner. The boundary marker may contain the name 11 of the subdivision and the insignia or motto of the development. This provision 12 shall apply to all new and existing residential developments within Collier County, 13 including all created through the PUD process. In the event of a conflict between 14 this provision and a PUD ordinance, the PUD language shall control. 15 a. The maximum height is 8 feet to the uppermost portion of the boundary 16 marker structure. 17 b. The sign face area may not exceed 24 square feet in area and may not 18 exceed the height or length of the monument or structure upon which it is 19 located. 20 C. Minimum setback from all property lines and road right-of-way is 10 21 feet. 22 d. A maximum of two boundary markers shall be allowed on any one road 23 frontage, provided that boundary markers are separated by a minimum 24 distance of 250 feet. 25 26 # # # # # # # # # # # # # 27 28 5.06.04 Development Standards for Signs in Nonresidential Districts 29 30 F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall 31 signs, and mansard signs shall be allowed in all nonresidential zoning districts subject 32 to the restrictions below: 33 34 4. Wall, mansard, canopy or awning signs. One wall, mansard, canopy or 35 awning sign shall be permitted for each single-occupancy parcel, or for each 36 unit in a multiple-occupancy parcel. Sign(s) shall be affixed to the associated 37 tenant or lease holder's unit, with exceptions for architectural design 38 impediments, as noted in LDC section 5.06.04 F.4.b. End units within shopping 39 centers and multiple-occupancy parcels, or single occupancy parcels where 40 there is double frontage on a public right-of-way, shall be allowed 2 signs, but 41 such signs shall not be placed on one wall. Retail businesses with a floor area of 42 larger than 25,000 square feet and a front wall length of more than 200 linear 43 feet, are allowed 3 wall signs; however, the combined area of those signs shall 44 not exceed the maximum allowable display area for signs by the LDCthis Code. 45 a. The maximum allowable display area for signs shall not be more than 20 46 percent of the total square footage of the visual façade including windows 47 of the building or unit to which the sign will be attached and shall not, in 48 any case, exceed 150 square feet for buildings or units up to 24,999 49 square feet, 200 square feet for buildings or units between 25,000 and 50 59,999 square feet and 250 square feet for buildings over 60,000 square 51 feet in area. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc.Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. No wall sign shall exceed 80 percent of the width of the unit(s) or the 2 building with a minimum of 10 percent clear area on each outer edge of 3 the unit(s) or of the building. Exceptions may be granted for architectural 4 design impediments subject to noted approval(s). 5 i. The clear area, however, may be reduced in width or eliminated 6 provided approval is granted by the County Manager or designee. 7 • --- - .- - - - - - -- - - _ •- _ _ 8 building. 9 ii. A sign may encroach onto an adjacent unit provided the 10 following: 11 a) Approval is granted by the County Manager or designee; 12 and 13 b) A notarized authorization letter is required at the time of 14 building permit submittal from the property owner or 15 property management company giving authorization for the 16 sign installation and encroachment onto the adjacent 17 tenant space. 18 c. No wall or mansard sign shall project more than 18 inches from 19 the building or roofline or exceed the height of the parapet wall to 20 which it is attached. 21 d. Additional signs are allowed on facades located interior to courtyards 22 and shopping malls and the like provided the signs are not visible from 23 any public property (e.g. street, right-of-way, sidewalk, alley), interior 24 drive, parking lot or adjacent private property. 25 e. in addition, any non-illuminated, non-reflective signs located in a window 26 shall not exceed 25 percent of each window area. No building permit 27 required. 28 i. Signs located in windows shall not be illuminated in any manner 29 with the following exception: 30 a) One sign per business establishment that is located in a 31 window may have 2.25 square feet of illuminated signage. 32 f. Multi-story buildings with 3 or more stories are limited to 1 wall sign per 33 street frontage not to exceed a maximum of 2 wall signs per building, 34 but such signs shall not be placed on the same wall. 35 i. Wall signs may be located in the uppermost portion of the 36 building not to exceed the main roof or parapet. A notarized 37 authorization letter is required at the time of building permit 38 submittal from the property owner or property management 39 company giving authorization as to which tenant signs will be 40 allowed. 41 ii. On first floor commercial units only, 1 wall sign shall be allowed 42 not to exceed 20 percent of the total square footage of the visual 43 facade of the unit to which the sign will be attached and shall not 44 in any case exceed 64 square feet. This sign shall be located 45 solely on the facade of the unit which the tenant occupies. 46 # # # # # # # # # # # # # 47 48 5.06.05 Exemptions from These Regulations 49 50 The following signs and actions are exempt from the permit requirements of the LDCthis Codc, 51 and shall be permitted in all districts subject to the limitations set forth below: 52 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9 �4 Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 A. Signs authorized to be displayed by law or by governmental order, rule or regulation. 2 1. Prohibitory signs (e.g., no dumping, no trespassing) 3 square feet in size or less 3 and no more than 6 ft in height unless mounted to a building may be allowed 4 without a permit. 5 2. Reasonable repairs and maintenance. 6 3. Signs located on fences or walls surrounding athletic fields, or within sports 7 arenas, stadiums and the like, not to exceed 32 square feet in size, per sign. 8 Signs shall be oriented along the fence or wall to face the field(s) or playing 9 area, and away from any adjacent public or private roads. 10 4. Religious displays that do not constitute advertising and which are consistent 11 with the requirements of LDC section 5.06.04 F.11, regarding illumination. 12 # # # # # # # # # # # # # 13 14 5.06.06 Prohibited Signs 15 16 A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 17 1. Unpermitted snipe signs. 18 2. Permanent signs located within County rights-of-way without a right-of-way 19 permit. 20 3. Portable signs. 21 4. Roof signs. 22 5. Any description or representation, in whatever form, of nudity, sexual conduct, or 23 sexual excitement, when it: 24 a. is patently offensive to contemporary standards in the adult community as 25 a whole with respect to what is suitable sexual material for minors; and 26 b. taken as a whole, lacks serious literary, artistic, political or scientific value. 27 6. Animated/activated signs. 28 7. Clear or uncovered neon and exposed LED signs. 29 8. Any sign not in conformance with the requirements in sections 5.06.00 through 30 5.06.05 and 5.06.09. 31 # # # # # # # # # # # # # 32 33 5.06.09 Nonconforming Signs 34 35 A. A nonconforming sign shall not be enlarged or altered in a way that increases its 36 degree of nonconformity. If any sign or portion thereof is to be altered, then the 37 sign/sign structure is to be brought into compliance with all current provisions of the 38 LDC. 39 1. Change in sign copy. Notwithstanding the above, a change in sign copy to a 40 nonconforming sign structure shall be permitted and shall require a building 41 permit. However, if the change in sign copy includes a change in size, shape, or 42 function of the sign structure, it shall require the nonconforming sign to be 43 removed or altered so as to conform to the regulations contained within the LDC. 44 B. A nonconforming sign shall not be structurally altered to prolong the life of the sign. 45 Reasonable repair and maintenance of nonconforming signs, is permitted. 46 C. Should a nonconforming sign be damaged or destroyed by any means to an extent of 47 more than 50 percent of its replacement value, it shall not be reconstructed except in 48 conformance with the sign code. 49 D. Subject to the provisions of Section 70.20, Florida Statutes, a nonconforming sign, that 50 has not displayed an on-premises message for a period of 90 consecutive calendar days 51 shall be presumed to be abandoned by its owner. This presumption can be overcome by 52 clear and convincing evidence of non-abandonment. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts15.06.00 etcc..Sign Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9A Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term 1 E. Nothing contained in this sign code shall be construed to relieve any person of the 2 obligation to remove a sign which was required to be removed under prior law or 3 ordinance. 4 # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\5.06.00 etc. Reqs and Standards\5 06 00 etc Sign Regs and Standards 061014 CCPC Amended.docx 6/10/2014 4:14:35 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarification AUTHOR: Growth Management Division Staff DEPARTMENT: Planning and Zoning AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 6.06.02 Sidewalks, Bike Lane and Pathway Requirements CHANGE: To replace existing illustrations within LDC subsection 6.06.02 A.7. REASON: To update existing, hand-drawn, illustrations with updated AutoCAD drawings. Full sized images of the proposed graphics are attached. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts to the County or the community RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Ellen Summers, Planning Technician,April 23, 2014,May 8, 2014. Amend the LDC as follows: 6.06.02 Sidewalks, Bike Lane and Pathway Requirements 1 A. All developments must construct sidewalks, bike lanes, and pathways, as described 2 below: 3 4 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as 5 depicted by Illustrations 1 and 2. 1:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\6.06.02 Silewalks,Bike Lane and Pathway Requirements Illustration changes\6.06.02 Sidewalks,Bike Lane and Pathway Reqs Illust.changes 060514.docx stefanienawrocki 6/5/2014 11:14:24 AM ..1,„ Text underlined is new text to be added. Text strikcthrough is current text to be deleted. 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Two curb ramps shall be provided for sidewalks and bike paths at each street 2 corner of an intersection. Curb ramps shall be a minimum of 36 inches in width 3 and shall not rise at a ratio greater than as outlined by the Florida accessibility 4 code for building construction. 5 # # # # # # # # # # # # I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\6.06.02 Sid$ewalks,Bike Lane and Pathway Requirements Illustration changes\6.06.02 Sidewalks,Bike Lane and Pathway Reqs Illust.changes 060514.docx stefanienawrocki 6/5/2014 11:14:24 AM Ill+ , 1 • TO EDGE OF CURB -----):-Q: ...,:c. fi:.4.4.--.-:4.it..A.......e. :4-.:.',:?'. ,.4'4• '-- 7/".----------- • .4. 4 .4: •. '4.:6, 4• '..-4 --a 4. • 4 '4. 44•6; DO\ 'T DO THIS --zz...... . .4 4:44. • • -4 .04..4 '4 ' -- 44:4 4 .. -4. .e, 4 •:,-ei:::4,4,..•4',:■•; '‘• 4 :pi': ;4•,i. •-..4 ' •-• "4' 4:4- Zi,•Z 4::4-.l'xi.-k .4;.,".4 •; ';4... •.:-4:4 '. • •-4- • 4-.• 4-4- -4 4•••4'. 1.Z.44-4;.:IA.4•:.:4-.44•. . 4.4 ç :4 !';•t•i,' .4. 'A'•'"0.-- .4:.:-4.4.-*-4'- • 4 -a. 44*4`. • • 4 '‘`-4444.!‘.• .4."4 4.■1 4.4•.;■`. . .. 4•4. -44:4 '.• . 4:•' - 44 4'•.4 D 0 THIS --------\„... 4 94 Illustration 2 CURB RAMPS 0 1 1 4 - $ - -- __ 4 _ *_ r r s — r J ' ti = _ r h t t h t t r• DON 'T D0 THIS 0 1 1 4 1 $ 4 :' 111111 IIII0 II 0 \;i _ . III I )\ )= r .... s _ J _ s \i► .P � \t' II I I I I (-44 _ 101, Ni .„ zi ...(-- t t e h t t h t t to D0 THIS 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarifications- Scrivener's Errors AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.08 I.2.b CHANGE: To fix a grammatical errors. REASON: Scrivener's error. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS:None. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,February 10, 2014. Amend the LDC as follows: 1 I. Restrictions, stipulations and safeguards. The Planning Commission may recommend 2 that a petition to amend, supplement or establish a zoning district be approved subject to 3 stipulations, including, but not limited to limiting the use of the property to certain uses 4 provided for in the requested zoning district. The governing body, after receiving the 5 recommendation from the Planning Commission on a request to amend, supplement or 6 establish a zoning district, may grant or deny such amendment or supplement and may 7 make the granting conditional upon such restrictions, stipulations and safeguards as it 8 may deem necessary to ensure compliance with the intent and purposes of the Growth 9 Management Plan. 10 11 2. Dedication of public facilities and development of prescribed amenities. 12 13 14 b. Land set aside and/or to be improved as committed as part of the 15 rezoning approval shall be deeded or dedicated to Collier County within 16 90 days of receipt of notification by the county that the property is needed 17 for certain pending public improvements or as otherwise approved by the 18 Board of County Commissioners during the rezoning approval process. In 1 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.08 1.2.b Reqs for Amends to Official Zoning Atlas-fixing a typo\10.02.08 l.2.b Reqs for Amends to Official Zoning Atlas Fixing a typo 060514.docx 6/5/2014 11:21:13 AM 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 any case, however, the county shall take title to the set aside property, at 2 the latest, by a date certain established during, and condition on, the 3 approval of the rezoning action. At no cost to the county, the land set 4 aside and/or to be improved shall be made free and clear of all liens, 5 encumbrances and improvements, at the applicant's sole expense, 6 except as otherwise approved by the board. Failure to deed the land or 7 complete the dedication within the 90 day appropriate time frame noted 8 above may result in a recommendation to the board of-for consideration 9 of rezoning the subject parcel from its current zoning district to an 10 appropriate zoning district and may be +a a violation of this LDC pursuant 11 to LDC section 8.08.00. # # # # # # # # # # # # # 2 I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.08 I.2.b Reqs for Amends to Official Zoning Atlas-fixing a typo\10.02.08 I.2.b Reqs for Amends to Official Zoning Atlas Fixing a typo 060514.docx 6/5/2014 11:21:13 AM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: 2014 LDC Amendment Cycle -Prioritized List AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.13 Planned Unit Development(PUD)Procedures CHANGE: To repeal the PUD sunsetting provisions within LDC section 10.02.13 Planned Unit Development (PUD) Procedures. The proposed language would make null and void PUD sunsetting language within adopted PUD ordinances. The development rights conferred by an approved PUD would remain so long as they are consistent with the Collier County Growth Management Plan. The amendment would have no affect on other time frames, such as developer commitments, DRI build out/termination date, DRI commitment timeframes, density bonus agreements, or the phasing schedule of a PUD development. REASON: It is understood that the PUD sunsetting provisions were instituted during a time of growing development demands and were designed to discourage speculative zoning actions. This _ may have impeded rezoning measures when there was no end user available. However, a rezone action does not vest a property for infrastructure purposes. The current process establishes that a portion of impact fees are paid and vesting for infrastructure occurs at the final subdivision plat or at the site development plan approval stage. The PUD rezone process only provides a cursory analysis of infrastructure needs. The final subdivision plat and site development plan have specific timeframes for development established in the LDC and allow for amendments to the development order to extend the development timeframe. The current standards pose challenges for the continued development of a sunsetted PUD. If a PUD sunsets, it takes approximately 6-9 months to reactive the PUD. Additionally, although build out timeframes are established in a PUD ordinance, they are subject to change with market conditions. In the summer of 2013, Lee County adopted a provision which mirrors the proposed amendment. The change to the Lee County Land Development Code was recommended by a public/private board which engaged in yearlong effort with Lee County to review and streamline the permitting procedures. FISCAL & OPERATIONAL IMPACTS: It is anticipated the proposed changes will have beneficial effects for other County programs by reducing confusion surrounding program commitment timeframes. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 0 PUD Sunsetting110.02.13 D PUD Procedures_sunsetting 061014.docx 6/10/2014 4:20:22 PM Text underlined is new text to be added. Bold text indicates a defined term It is anticipated that the proposed changes will be advantageous for the development community as timeframes for development will be regulated by a final local development order rather than a zoning action. RELATED CODES OR REGULATIONS: PUD ordinances. GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: All recommendations incorporated. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,November 8, 2013 Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures 1 D. Time limits for approved PUDs. If prior to [effective date of this ordinance) a PUD 2 contains a sunset provision, the sunset provision shall be deemed null and void. 3 Development rights conferred by an approved PUD shall remain in force so long as they 4 are in accordance with the Collier County Growth Management Plan, as amended. For 5 purposes of this section, the word "sunset" or "cunsetting" shall be the term used to 6 describe a PUD which has, through a determination made by the Planning and Zoning 7 8 e• e •-, - .ee __ e - e - "- • , _ •- - - - - •- 9 Planning and Zoning Department Director a status report on the progress of 10 - - ' - • -••.. - - '- ` - -- e - e -- - - -e-- 11 Commissioners. 12 1. Criteria for sunsetting. The purpose of the report will be to evaluate whether or 13 - 14 criteria: 15 a For residential portions of PUDs, physical development of infrastructure 16 improvements, including access roads, internal roads, sewer and water 17 18 _ _- _ -- _- _ . -_ - .-• '_ _ -. _ _ _ -- - _e 19 initiated by the fifth anniversary date of the PUD approval. An additional 20 15 percent of such infrastructure shall be completed every year thereafter 21 22 2 3 '-' - -- " - • " • - - '• • • - • - - - - --24 - - - --- - - e. - - - - - -- - 25 ---' - -' - - - •_ . . - - - _- - _ .' •- ` --- - - • 26 27 - - - - - - - - - -- - _ - -• - -- - - •- 28 building space shall be constructed by the fifth anniversary date of the 29 PUD approval. The same amount of development shall be required 30 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 I?PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 061014.docx 6/10/2014 4:20:22 PM 94 Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 authorized buildable ar a and floor area. Thor after the PUD shall be 2 exempt from these sunset provisions. 3 c. For mixed use tracts or structures, physical development of 4 infrastructure improvements, including access roads, internal roads, 5 sewer and water utilities and any other related infrastructure that supports 6 a minimum of 15 percent of the designated mixed use tract or structure 7 shall be initiated by the fifth anniversary date of the PUD approval. 8 -- - _ _ • - - - - •" • - - - - - --- 9 use floor area, and 15 percent of the approved residential units, shall be 10 initiated by the fifth anniversary date of the PUD approval. Components of 11 mixed use planned unit developments (MPUDs) that are non residential 12 must comply with LDC subsections 10.02.13 D.1.b. 13 d. If in the event of a moratorium, or other action of government that 14 - .- --- - - - - - - •- -- - - - -- 15 suspension of the approval shall not be counted towards the 5 year 16 sunset period. 17 c. Infrastructure improvements as required above shall be located on site 18 and shall constitute infrastructure that makes possible vertical 19 -- - - -- - -- -- -- --- - - - • ' --- - _ _20 entry road access and the like do not count towards meeting the required 21 levels of infrastructure improvements as required above. 22 2. PUD sunsetting. Prior to or any time after the Planning and Zoning Department 23 - 24 initiate one of the following: 25 a. Request a PUD extension; 26 b. Request a PUD amendment ; or 27 c. Request a rezone. 28 =-- - - -e. -- ... •- -- - - •- 11 - - • . - -- 29 - - -- - - - .-- -- --- -- - - '- -30 31 provided, the Board of County Commissioners shall elect one of the following: 32 a. To extend the current PUD approval for a maximum period of two years; 33 _ -- - _ _ _ - --- - - --- ' -- • -34 - - -- - - --_ -- - •, - _ _-. - -- •-' - 35 applications shall be processed by the County until the PUD is officially 36 end 37 b. Approve or deny an application for a PUD amendment. The existing PUD 38 shall remain in effect until subsequent action by the Board of County 39 _. -•• - - - - - . .-- - - - - - - 40 further development order applications shall be processed by the county 41 until the PUD is officially amended. 42 c. Require the owner to submit an amended PUD. The existing PUD shall 43 remain in effect until subsequent action by the Board of County 44 45 further development order applications shall be processed by the County 46 until the PUD is officially amended. 47 i. If the owner fails to submit an amended application to the PUD 48 within six months of the action of the Board of County 49 Commissioners to require such a submittal, or the board denies 50 the request to amend the PUD, then the Board of County 51 Commissioners may initiate proceedings to rezone the 52 unimproved portions of the original PUD to an appropriate zoning l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 6 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 061014.docx 6/10/2014 4:20:22 PM ' 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 - - - - -- - _ . - - - - - - -•--- _ -- 2 growth manago ent plan 3 4. PUD time limit extensions. Extensions of the time limits for a PUD may be 4 --- - - - -- _-- - - --- -- ... .e.- . -- ••-• - -- - 5 establish the submittal requirements for a PUD extension request. An approved 6 PUD may be extended as follows: 7 a. Maximum extension: Thcre may be one PUD extension granted for a 8 maximum of 2 years from the date of original sunset. 9 b. Approval of an extension shall be based on the following: 10 i. The PUD and the master plan is consistent with the current growth 11 - -- ••_• - • - -- -- - -- : _ - - -- 12 and concurrency requirements; 13 �i. The approved development has not become incompatible with 14 - - - - --- -- - - - - -- - - - - - - _ 15 of development approvals issued subsequent to the original 16 approval of the PUD zoning; and 17 iii. Approved development will not, by itself or in conjunction with 18 _ -- _- . - __ •-- , - -- - - - - - - - -- - . - _. 19 public facilities. 20 c. No more than one extension may be granted for any dcvclopmcnt 21 original approval date. 22 d. Any PUD developer who has not commenced development pursuant to 23 the sunsetting provisions set forth in this section of the LDC within 10 24 - - e e - '-e - ee e - e. - - -e••• . - - - - 25 26 5. Retention of existing PUD status. 27 . e- - _ -_ • _ e - e •- - - - - - '- ' - - 28 - - - --- -- - - --- - - - - • - - - - - 29 be processed until 1 of the following occurs: 30 •- _e- - - -e- -- ..- 'e•- - -- - - - e- - 31 extension of PUD zoning status. 32 ii. The Board of County Commissioners approves an amendment to 33 the existing PUD. 34 b. Should the Planning and Zoning Department Director determine that 35 - • - • - -- ..._ --- -- _ _ _ . _ . 36 -ee - • --e - - - -e.-- - --- - - - 37 consideration of new development standards or use modification 38 pursuant to the provisions for time limits for approved PUDs. 39 c. In the case of developments of regional impact, PUD time limit 40 restrictions shall be superseded by the phasing plan and/or time limits 4 1 -- _ - _ . . •• --- -- - - - - - - • - - - -- - - - - --- - e 42 - --• - - - • - - - • - - - -•• e . - - 43 6. Exemptions from sunsetting. Any educational plants or facilities or public service 44 facilities including police, fire and EMS facilities that were identified in an 45 -e: :-.-e e ' • • - - - - - • - - - -- • 46 the approved development regulations shall retain development rights, 47 - --- - - - --- - - - - - - _ - :, - - - - - - - 48 _ _ . . . - - -- - - - -- - - ---- -- -- 4 9 • _ _ . _ _ •. • • - --- e - , • •-- - - - - 50 51 7. PUD buildout. For PUDs approved on or after January 3, 2007 the land owner 52 shall: l:12014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 D 4 PUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 061014.docx 6/10/2014 4:20:22 PM Text underlined is new text to be added. 9A Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 a. For all PUDs the build out y ar as submitted and approved with the 2 3 year for the approved density and intensity. Two years after the build out 4 year as defined on the approved TIS submitted with the application and 5 6 intensity that has not been approved by the appropriate site 7 - - - - - - - --• -- ' - --- - -- - --- 8 _a •_ _- - - - - - e - - -• -••_ . - 9 development rights. In the event that action or in action by the County or 10 - --- - - - - - '-- -- - - - -- --- - - -11 development order, the duration of the suspension of the approval shall 12 not be counted towards the expiration provision above, contingent that 13 --- -- - ---- - -- - - - --- - • - •14 _ .. --- - - -- - -- - - -- - - -- --- 15 Manager or designee must be notified in writing of the circumstances of 16 17 b. For all PUDs the build out year as submitted and approved with the 18 application's Traffic Impact Statement (TIS) shall serve as the reference 19 year for the approved density and intensity. On the build out y ar as 20 defined on the approved TIS submitted with the application and on the 21 - - -- - - •- ---- - '- • - _. - - _ - - _ _ • 22 - -- -- -- - - -- . - - _ _ ._ -- ` --- 23 - - -- - -- - - • ---• - - - • - - - - - - - - - 24 received a certificate of public adequacy (COA). For non residential 25 portions of a PUD, section (a) above allows for two 2 additional years to 26 amend the site development plan(s) in order to apply for development 27 orders for any remaining intensity within non residential sections of the 28 D. 29 81. Local Economic Emergency Ordinance. 30 a. Short title and recitals. This Ordinance shall be known as the Collier 31 County Local Economic Emergency Ordinance, and the above findings 32 and recitals are hereby adopted by reference into this Ordinance. 33 b. Declaration of Local Economic Emergency. The Board of County 34 Commissioners, convened in regular session, hereby declares and 35 ordains that a local economic emergency exists within Collier County, 36 Florida, requiring immediate measures to address the emergency before 37 irreversible harm is done to the economic well being of the citizens of the 38 County. This Ordinance is adopted after public hearing pursuant to, and 39 in accordance with, F.S. § 125.66(2). 40 c. Tolling of Land Development Code Section 10.02.13.D. LDC section 41 10.02.13.D of the Collier County Land Development Code provides for 42 Planned Unit Development time limit and time limit extension 43 requirements. These time limit and time limit extension requirements are 44 hereby tolled to May 12, 2014 for Planned Unit Developments which 45 have not sunsetted prior to the effective date of this Ordinance [2009-22]. 46 Prior to May 12, 2014, the Board of County Commissioners will determine 47 if the declaration of Local Economic Emergency should be ended. # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 LPUD Sunsetting\10.02.13 D PUD Procedures_sunsetting 061014.docx 6/10/2014 4:20:22 PM A Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarification AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.13 Planned Unit Development(PUD)Procedures CHANGE: To update the PUD changes and amendments section of the LDC to reflect the Board's direction on September 24, 2013 during the adoption of the Administrative Code for Land Development to expand the PUD insubstantial change process to include text changes. In addition, to remove repetitive language referencing the removal of a commitment as identified in LDC section 10.02.13 E.3.c. REASON: The proposed LDC amendment removes the provision identifying the process for PUD language changes. Because PUD insubstantial changes now include language changes, and do not utilize the same process as amending the official zoning atlas, this language is no longer relevant. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Chapter 9 of the Administrative Code for Land Development. This chapter identifies that the Hearing Examiner may hear PUD insubstantial text changes, identified as "minor text changes." GROWTH MANAGEMENT PLAN IMPACT: None. DSAC-LDR RECOMMENDATIONS: All recommended changes incorporated. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek,November 25, 2013, May 7, 2014. Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures * * * * * * * * * * * * * 1 E. Changes and amendments. There are three types of changes to a PUD Ordinance: 2 Substantial, Insubstantial, and Minor. _•_ ___ _•. -e- . _ _ •_. . __ _ -e ■_ 3 document shall require the same procedure as for amending the official zoning atlas, 4 5 -- - - - - - -- - - - - - --- - - I I:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 E PUD Procedures-Changes and Amendments\10.02.13 E PUD Procedures_E.changes and amendments update 060514.docx 6/5/2014 11:29:08 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance 2 shall require the review and recommendation of the Planning Commission and 3 approval by the Board of County Commissioners as a PUD amendment prior to 4 implementation. Applicants shall be required to submit and process a new 5 application complete with pertinent supporting data, as set forth in LDC sections 6 10.02.13 A and B. For the purpose of this section, a substantial change shall be 7 deemed to exist where: # # # # # # # # # # # # # 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.02.13 E PUD Procedures-Changes and Amendments\10.02.13 E PUD Procedures_E.changes and amendments update 060514.docx 6/5/2014 11:29:08 AM A Text underlined is new text to be added. Text strikcthrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Staff Clarification- Scrivener's Error AUTHOR: Growth Management Division Staff DEPARTMENT: Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): 10.03.05 Required Methods of Providing Public Notice and 10.03.06 Public Notice and Required Hearings for Land Use Petitions CHANGE: To include an Agent's Letter as a required notice method for the following petitions: Variance, Sign Variance, Parking Exemption, and Alcohol Beverage Distance Waiver. The Agent Letter is designed to inform neighbors of the petition request and provide them an opportunity to be involved in the public review and approval process. This change corrects several scrivener's errors that were made during the creation the Administrative Code for Land Development. The errors are a result of combining the requirements for an Agent Letter and the mailed notice for a public hearing. In addition, a requirement for signage has been added to the Parking Exemption petition. Although not stated in the LDC, it has been an established policy to require signage for this petition. Further, this amendment removes the incorrect NIM requirement for the Parking Exemption and replaces it with an Agent Letter. This is consistent with the LDC notice requirements prior to the creation of the Administrative Code. Two new sections have been added to section 10.03.06. First, a NIM for a PUD Insubstantial Change has been included; however, the Hearing Examiner is given the discretion to waive the NIM at the request of the applicant and following the review of County Staff. Second, the Nonconforming Use Change and Nonconforming Use Alteration have been included in this section. These established petitions require a public hearing and therefore have always had some type of public notice. The proposed language implements the notice as currently implemented. REASON: The proposed amendments will clarify the public notice requirements for signage and correct errors made during the Administrative Code process. The additions to section 10.03.06 will allow the community the ability to participate in PUD insubstantial changes if deemed appropriate and will them of our current notice practices regarding nonconforming use changes/alterations. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: The Administrative Code will also be updated to reflect the proposed changes if approved. GROWTH MANAGEMENT PLAN IMPACT: None. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS:No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, February 11, 2014, May 8, 2014. Amend the LDC as follows: 1 10.03.05 Required Methods of Providing Public Notice 2 3 This section shall establish the required methods of providing public notice. Chapter 8 of the 4 Administrative Code shall establish the public notice procedures for land use petitions. 5 6 A. Agent Letter. Where required, an informational letter shall be sent by the owner or Agent 7 to property owners within 150 feet of the area covered by the petition following the initial 8 staff review comments for the petition and prior to the resubmittal of the petition to the 9 County. 10 AB. Neighborhood Information Meetings (NIM). Neighborhood Information Meetings, where 11 required, shall be held prior to the first public hearing and noticed as follows: 12 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 13 10.03.05 B. 14 2. Newspaper Advertisement prior to the NIM. 15 BC. Mailed Notice. 16 1. Where required, Mailed Notice shall be sent to property owners in the notification 17 area as follows: 18 a. For areas in the urban designated area of the future land use element of 19 the Growth Management Plan notices shall be sent to all property owners 20 within 500 feet of the property lines of the subject property. 21 b. For all other areas, notices shall be sent to all property owners within 22 1,000 feet of the property lines of the subject property. 23 24 c. Notices shall also be sent to property owners and condominium and civic 25 associations whose members may be are impacted by the proposed land 26 use changes and who have formally requested the county to be notified. 27 A list of such organizations must be provided and maintained by the 28 county, but the applicant must bear the responsibility of insuring that all 29 parties are notified. 30 2. For the purposes of this requirement, the names and addresses of property 31 owners shall be deemed those appearing on the latest tax rolls of Collier County. 32 Unless required by F.S. §125.66 (4), the mailed notice is a courtesy only and is 33 not jurisdictional. Accordingly, provided a good faith attempt for mailed notice is 34 made, failure to mail or to timely mail the notice or failure of an affected property 35 owner to receive mailed notice will not constitute a defect in notice or bar the 36 public hearing as scheduled. 37 GD. Newspaper Advertisement. 38 1. In accordance with F.S. §125.66. 39 [3E. Posting of Signage. Where required, signs shall be posted 15 days prior to the first 40 advertised public hearing pursuant to the Administrative Code. 41 # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM ift Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 2 3 4 10.03.06 Public Notice and Required Hearings for Land Use Petitions 5 6 This section shall establish the requirements for public hearings and public notices. This section 7 shall be read in conjunction with LDC section 10.03.05 and Chapter 8 of the Administrative 8 Code, which further establishes the public notice procedures for land use petitions. 9 10 A. Ordinance or resolution that is initiated by County or a private entity which does not 11 change the zoning atlas or actual list of uses in a zoning category but does affect the 12 use of land, including, but not limited to, land development code regulations as defined 13 in F.S. § 163.3202, regardless of the percentage of the land affected. This is commonly 14 referred to as a LDC amendment. 15 1. The following advertised public hearings are required: 16 a. One Planning Commission hearing. 17 b. One BCC hearing. 18 2. The following notice procedures are required: 19 a. Newspaper Advertisement prior to each advertised public hearing in 20 accordance with F.S. §125.66. 21 B. Ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. For 22 minor conditional use notice requirements see 10.03.06 C, below and for County 23 initiated rezonings, see 10.03.06 K.: 24 1. The following advertised public hearings are required: 25 a. One Planning Commission hearing. 26 b. One BCC or BZA hearing. 27 2. The following notice procedures are required: 28 a. A NIM. See LDC section 10.03.05 A. 29 b. Mailed Notice prior to the first advertised public hearing. 30 c. Newspaper Advertisement prior to each advertised public hearing in 31 accordance with F.S. §125.66. 32 d. Posting of a sign prior to the first advertised public hearing. 33 e. For a rezoning or a PUD amendment the County shall notify by mail each 34 owner within the area covered by the proposed ordinance or resolution of 35 the time, place, and location of the public hearing before the BCC or BZA. 36 C. Ordinance or resolution for a mMinor conditional use. 37 1. The following advertised public hearings are required: 38 a. One Hearing Examiner hearing. If not heard by the Hearing Examiner, 39 then pursuant to 10.03.06 B. 40 2. The following notice procedures are required: 41 a. A NIM. See LDC section 10.03.05 A. 42 b. Mailed Notice prior to the advertised public hearing. 43 c. Newspaper Advertisement prior to the advertised public hearing. 44 e. Posting of a sign prior to the advertised public hearing. 45 D. Ordinance or resolution for a PUD extension, conditional use extension, or conditional 46 use re-review: 47 1. The following advertised public hearings are required: 48 a. One BZA or Hearing Examiner hearing. 49 2. The following notice procedures are required: 50 a. Mailed Notice prior to the advertised public hearing. 51 b. Newspaper Advertisement prior to the advertised public hearing. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 a d 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM . 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 c. Posting of a sign prior to the advertised public hearing. Signage is not 2 required for a conditional use re-review. 3 E. Ordinance or resolution for comprehensive plan amendments: 4 1. The following advertised public hearings are required: 5 a. One or more Planning Commission hearings pursuant to F.S. Chapter 6 163. 7 b. One or more BCC hearings pursuant to F.S. Chapter 163. 8 2. The following notice procedures are required: 9 a. Small scale amendments: 10 i. A NIM, which shall be held after the first set of staff review 11 comments have been issued and prior to the Planning 12 Commission hearing. 13 ii. Mailed Notice prior to the advertised Planning Commission 14 hearing. 15 iii. Newspaper Advertisement prior to each advertised public hearing. 16 iv. Posting of a sign prior to the advertised Planning Commission 17 hearing. 18 v. Mailed Notice shall be sent to each real property owner within the 19 area covered by the proposed plan amendment prior to the 20 advertised BCC public hearing. 21 b. Regular scale amendments: 22 i. A NIM, which shall be held after the first set of staff review 23 comments have been issued and prior to the Planning 24 Commission adoption hearing for a site specific amendment. 25 ii. Mailed Notice prior to the advertised Planning Commission 26 hearing for a site specific amendment. 27 iii. Newspaper Advertisement prior to each advertised public hearing. 28 iv. Posting of a sign prior to the advertised Planning Commission 29 hearing for a site specific amendment. 30 v. Mailed Notice shall be sent to each real property owner within the 31 area covered by the proposed plan amendment prior to the 32 advertised BCC public hearing. 33 F. ! e'•_•-- _ - _ - _• _ - .Variance, pursuant to LDC section 9.04.02 or a sign 34 variance, pursuant to LDC section 5.06.08: 35 1. The following advertised public hearings are required: 36 a. One Planning Commission or Hearing Examiner hearing. 37 b. If heard by the Planning Commission, one BZA hearing. 38 2. The following notice procedures are required: 39 a. An Agent Letter shall be sent to property owners within 150 feet of the 40 area covered by the petition following the initial staff review comments 41 and prior to the resubmittal of the petition to the County. 42 ab. Mailed Notice prior to the advertised public hearing. Mailed Notice shall 43 be sent to property owners within 150 feet of the ar a covered by the 44 45 lac. Newspaper Advertisement prior to each advertised public hearing. 46 ed. Posting of a sign prior to the first advertised public hearing. 47 G. Ordinance or resolution for a parking Parking exemption, pursuant to LDC section 48 4.05.02 K3: 49 1. The following advertised public hearing is required: 50 a. One OA-Planning Commission or Hearing Examiner hearing. 51 b. If heard by the Planning Commission, one BZA hearing. 52 2. The following notice procedures are required: l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 a. An Agent Letter shall be sent to property owners within 150 feet of the 2 area covered by the petition following the initial staff review comments 3 and prior to resubmittal of the petition to the County. A NIM. See LDC 4 section 10.03.05 A. 5 b. Mailed Notice prior to each advertised public hearing. shall be sent to 6 property owners within 150 feet of the subject site prior to the advertised 7 public hearing. 8 c. Newspaper Advertisement prior to the advertised public hearing. 9 d. Posting of a sign prior to the first advertised public hearing. 10 H. Ordinance or resolution for a PUD Insubstantial Change (PDI) or Boat Dock Facility 11 Extension, Boathouse Establishment, or Boat Dock Canopy Deviation: 12 1. The following advertised public hearings are required: 13 a. One Planning Commission or Hearing Examiner hearing. 14 2. The following notice procedures are required: 15 a. For a PDI, a NIM. See LDC section 10.03.05 A. However, upon written 16 request by the applicant, the Hearing Examiner has the discretion to 17 waive the NIM after the first set of staff review comments have been 18 issued. 19 ba. Mailed Notice prior to the advertised public hearing. 20 ob. Newspaper Advertisement prior to the advertised public hearing. 21 de. Posting of a sign prior to the advertised public hearing. 22 I. Ordinance or resolution for the establishment, amendment to or the abandonment of a 23 Development of Regional Impact(DRI): 24 1. The following advertised public hearings are required: 25 a. One Planning Commission hearing. 26 b. One BCC hearing. 27 2. The following notice procedures are required: 28 a. In accordance with F.S. §380.06 and the Florida Administrative Code. 29 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 30 designation of less than 10 contiguous acres of land. This is commonly referred to as a 31 rezone. 32 1. The following advertised public hearings are required: 33 a. One Planning Commission hearing. 34 b. One BCC hearing. 35 2. The following notice procedures are required: 36 a. Mailed Notice prior to the first advertised public hearing. 37 b. Newspaper Advertisement prior to each advertised public hearing. The 38 advertisement for the Planning Commission hearing shall include a 39 project location map. 40 c. Posting of a sign prior to the first advertised public hearing. 41 d. The County shall notify by mail each owner within the area covered by the 42 proposed ordinance or resolution of the time, place, and location of the 43 public hearings before the BCC. 44 K. Ordinance or resolution that is initiated by the BCC and will change the zoning map 45 designation of more than 10 contiguous acres of land or more or an ordinance or 46 resolution that will change the actual list of permitted, conditional, or prohibited uses of 47 land within a zoning category. This is commonly referred to as a rezone or LDC 48 amendment: 49 1. The following advertised public hearings are required: 50 a. At least one Planning Commission hearing. The Planning Commission 51 may elect by a majority decision to hear such ordinance or resolution at 52 two public hearings. If there is only one Planning Commission hearing, l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9 A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 the hearing shall be held after 5:00 p.m. on a weekday, and if there are 2 two Planning Commission hearings, then at least one of the hearings 3 shall be held after 5:00 p.m. on a weekday. 4 b. At least two BCC hearings. At least one hearing shall be held after 5:00 5 p.m. on a weekday, unless the BCC by a majority vote plus one vote 6 elects to conduct that hearing at another time of day. 7 2. The following notice procedures are required: 8 a. Newspaper Advertisement prior to Planning Commission hearing 9 including a project location map. 10 i The first Planning Commission hearing shall be held 11 approximately seven days after the day that the first 12 advertisement is published. The second hearing will be held 13 approximately two weeks after the first hearing and shall be 14 advertised approximately five days prior to the public hearing. The 15 day, time, and place of a second public hearing shall be 16 announced at the first public hearing. 17 b. Newspaper Advertisement prior to the BCC hearings in accordance with 18 F.S § 125.66 (4) including a project location map. 19 i. In lieu of the newspaper advertisement, the BCC may mail a 20 written notice to property owners within the area covered by the 21 proposed ordinance or resolution. The notice shall include the 22 time, place and location of both the public hearings before the 23 BCC. 24 ii. The first BCC hearing shall be held at least seven days after the 25 first advertisement is published. The second hearing shall be held 26 at least ten days after the first hearing and shall be advertised at 27 least five days prior to the public hearing. 28 L. Ordinance or resolution for a Stewardship Sending Area (SSA) and SSA amendments: 29 1. The following advertised public hearings are required: 30 a. One BCC hearing. 31 2. The following notice procedures are required: 32 a. Newspaper Advertisement prior to the advertised public hearing pursuant 33 to LDC section 4.08.06 E.1. 34 M. Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments: 35 1. The following advertised public hearings are required, except for minor 36 amendments per LDC section 4.08.07: 37 a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F. 38 b. One Planning Commission hearing pursuant to LDC section 4.08.07. 39 c. One BCC hearing pursuant to LDC section 4.08.07. 40 2. The following notice procedures are required: 41 a. An optional NIM. See LDC section 10.03.05 A. 42 b. Newspaper Advertisement prior to each advertised public hearing 43 pursuant to LDC section 4.08.06 F. 44 N. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district 45 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding 46 administrative approval, pursuant to LDC section 10.02.15: 47 1. The following advertised public hearings are required: 48 a. One Planning Commission hearing. 49 b. One BCC hearing. 50 2. The following notice procedures are required. 51 a. A NIM. See LDC section 10.03.05 A. 52 b. Mailed Notice prior to the first advertised public hearing. l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 c. Newspaper Advertisement prior to each advertised public hearing. 2 d. Posting of a sign prior to the first advertised public hearing. 3 O. Affirmation or approval of a Zoning Verification Letter that allows a new use that is 4 comparable, compatible, and consistent within a PUD. 5 1. The following advertised public hearings are required: 6 a. One BCC or Hearing Examiner hearing. 7 2. The following notice procedures are required: 8 a. Newspaper Advertisement prior to the advertised public hearing in 9 accordance with F.S. §125.66. 10 P. Official Interpretations, pursuant to LDC section 1.06.00. 11 1. The following notice procedures are required for the interpretation of county wide 12 application of the Growth Management Plan, Land Development Code and the 13 building code: 14 a. Newspaper Advertisement. 15 2. The following notice procedures are required for the interpretation affecting a 16 specific parcel of land. 17 a. Notification of affected property owner. Where a site specific official 18 interpretation has been requested by a party other than the property 19 owner, the County shall notify the property owner that an official 20 interpretation has been requested. 21 b. For site specific official interpretations, Mailed Notice shall be sent to 22 property owners within 300 feet of the property lines of the land for which 23 the interpretation is requested. 24 c. Newspaper Advertisement. 25 Q. Appeal of an Official Interpretation, pursuant to LDC section 1.06.00. 26 1. The following advertised public hearings are required: 27 a. One BZA or Hearing Examiner hearing. 28 2. The following notice procedures are required: 29 a. Newspaper Advertisement prior to the advertised public hearing in 30 accordance with F.S. § 125.66. 31 R. Site Plan with Deviations for Redevelopment, pursuant to LDC section 10.02.03 F. 32 1. The following advertised public hearings are required: 33 a. One Planning Commission or Hearing Examiner hearing. 34 b. If heard by the Planning Commission, one BZA hearing. 35 2. The following notice procedures are required: 36 a. Newspaper Advertisement prior to the advertised public hearing in 37 accordance with F.S. § 125.66. 38 b. Mailed Notice prior to the advertised public hearing. 39 S. Post Take Plan, pursuant to LDC section 9.03.07 D. 40 1. The following notice procedures are required: 41 a. Mailed Notice. Additional Mailed Notice details are established in LDC 42 9.03.07 D.3.b. 43 b. If a Planning Commission or Hearing Examiner hearing is required, a 44 Newspaper Advertisement. 45 2. The following advertised public hearings may be required: 46 a. If a written objection is received, one Planning Commission or Hearing 47 Examiner hearing. 48 T. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 49 section 10.02.13 E.3.c. 50 1. The following notice procedures are required: 51 a. Mailed Notice, sent by the applicant. 52 2. The following advertised public hearings may be required: l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions\10.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9 ;,.,!,: Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 a. If a written objection is received, one BCC or Hearing Examiner hearing. 2 U. Automobile Service Station Waiver pursuant to 5.05.05; and Alcohol Beverage Distance 3 Waiver pursuant to 5.05.01, - _ ` _• _ -- e - - ---•e- __ __ _ •.9 .■ ■. 4 1. The following advertised public hearings are required: 5 a. One BZA or Hearing Examiner hearing. 6 2. The following notice procedures are required: 7 a. For an Alcohol Beverage Distance Waiver, an Agent Letter shall be sent 8 to property owners within 150 feet of the area covered by the petition 9 following the initial staff review comments and prior to the second 10 submittal. 11 ab. Newspaper Advertisement prior to the advertised public hearing. 12 V. Nonconforming Use Change pursuant to 9.03.02 D and Nonconforming Use Alteration, 13 pursuant to LDC section 9.03.03 B.S. 14 1. The following advertised public hearings are required: 15 a. One Hearing Examiner or BZA hearing. 16 2. The following notice procedures are required: 17 a. Mailed Notice prior to the advertised public hearing. 18 b. Newspaper Advertisement prior to the advertised public hearing. 19 c. Posting of a sign prior to the advertised public hearing. # # # # # # # # # # # # # l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\10.03.05 and 10.03.06 Notice provisions 110.03.05 and 10.03.06 Notice provisions_fixing errors 061014.docx 6/10/2014 4:22:38 PM 9A Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Bayshore Community Redevelopment Agency(CRA) AUTHOR: Bayshore CRA Staff and Growth Management Division Staff DEPARTMENT: Bayshore CRA and Growth Management Division AMENDMENT CYCLE: 2014 LDC Amendment Cycle 1 LDC SECTION(S): Zoning Map Number 0502S CHANGE: Amend Zoning Map Number 0502S to rezone various properties located on the north side of Davis Boulevard (SR-84), from Airport-Pulling Road (CR-31) west to the Naples City Limit, from C-4, General Commercial, and C-5, Heavy Commercial,to C-4-GTMUD-MXD (Gateway Triangle Mixed Use Overlay District-Mixed Use Subdistrict) and C-5-GTMUD-MXD. This has the effect of expanding the Gateway Triangle Mixed Use Overlay District and Mixed Use Subdistrict from the south side of Davis Blvd. to the north side of Davis Blvd., west of Airport-Pulling Road. The effect of adding the GTMUD-MXD zoning overlay to the affected properties is that they: become eligible for mixed use development via the Mixed Use Project application process - including the opportunity to seek residential density from the density bonus pool (explained below); may become eligible for rezoning to allow redevelopment as a residential-only project - including the opportunity to seek residential density from the density bonus pool; and, would become subject to the development standards in the zoning overlay(LDC Section 4.02.16 B.). The subject properties lie within the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) on the Future Land Use Map and in the Future Land Use Element of the Collier County Growth Management Plan (GMP). The density bonus pool, established with the creation of the B/GTRO in December 2000, contains 388 dwelling units derived from the former residential zoning on the site of the Naples Botanical Garden. These bonus units may be re- allocated within the B/G 1'RO as an incentive to promote development and redevelopment. Almost all of the density bonus pool units remain available. Please see Attachment 1 which identifies the current zoning designation and Attachment 2 which identifies in red text the proposed rezoning and outlines in red the subject area. See Attachment 3 for a Zoning Atlas index of the Bayshore Gateway Triangle CRA. REASON: The proposed LDC amendment implements, in part, a Growth Management Plan Amendment(GMPA)which was adopted by the Board on May 28, 2013 as Ordinance No. 2013- 42, Attachment 4. The GMPA expands the mixed use potential, and creates the potential for redevelopment as residential-only projects, to parcels located on the north side of Davis Blvd. Location Map Exhibit A illustrates this expansion. (A subsequent LDC text amendment will be necessary to fully implement the GMPA, e.g. to define"redevelopment.") 1 1:12014 LDC Amendment Cycle 11Current LDCA Drafts\Zoning Map Number 0502S\GTMUD-MXD map expansion 060514.docx 6/5/2014 11:41:33 AM w'. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: This zoning map change has no fiscal impact on Collier County Government. It does provide for additional development options but the cost of reviewing those would be covered by petition fees. There would be some fiscal impact on the private sector to comply with the GTMUD development standards that are not presently applicable. RELATED CODES OR REGULATIONS: Growth Management Plan, Ord. No. 2013-42; LDC Sections 2.03.07 N and 4.02.16 B. GROWTH MANAGEMENT PLAN IMPACT: This amendment is consistent with the B/GTRO in the Future Land Use Element of the GMP. DSAC-LDR RECOMMENDATIONS: No changes. DSAC RECOMMENDATIONS: No changes. OTHER NOTES/VERSION DATE: Prepared by Caroline Cilek, January 8, 2014; January 13, 2014. Amend the LDC as follows: See Attachments. Attachment 1: Identifies the current zoning designation. Attachment 2: Identifies in red text the proposed rezoning and outlines in red the subject area. Attachment 3: Zoning Atlas index of the Bayshore Gateway Triangle CRA. Attachment 4: Ordinance No. 2013-42,the related GMPA. 2 l:\2014 LDC Amendment Cycle 1\Current LDCA Drafts\Zoning Map Number 0502S\GTMUD-MXD map expansion 060514.docx 6/5/2014 11:41:33 AM 9A �Q = S*SO 0 N � P O m N .-1 0 S N ] p z O J L` 1- I.) W i Pc- 5 (IC 200) uvo ONmnd-.<a0dan r T a m r w .L i Z O _R ; ii 1 F "1p » N IA i O V § 111 : wN 0 - 1 111111111.E CC E Ir W C l! .i a. 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I' (QML�DI•R2-(RA.F:) (CIRRUS POINTE RPUD) THOMASSON DRIVE I (XXX) Under Lying Zoning MIN jcsj= _ B JD-R?I(lf rF-6 C_Of B °"` ��IIIm111 'T11N�1�(N[ Future Land Use �H I '1 'E1MIE ® Activity Center 16 :n111°IMMENn1Q L'1111111111 a111111111 ..... CRA Boundary '_ BMUD-R7 Overlay Boundary i (RSF3) S BMUD-R1(RMF6) MU l• NAPLES BOTA AL GARDEN PUD- . �BMU dh■;��=,�+ Excluded from BMUD (RSF- t 111111 . j!AMID Ng NORTH E I�u11i11111 1��wiiii or NAPLES BOTANICAL GARDEN • Excluded from BMUD • :min11m1■ 11M :nnni111111111111In11 :111IHII111111n111nn1 Clllmariimnnnl :1111111611101111111111 SASAL BAY In11Im1lllmnmlm PUD Excluded from BMUD SABA • PUD • Excluded from BMUD . .IIu0vII mff IIMIMIllilialMifir ■ PREPARED BC OFFICE OF GRAPHICS MD lECROCAL SUPPORT COMMUNITY DEVELOPMENT AM BTNROY0ITAL MINCES DIN51a1 BEE RAN-WSW O ERLAYI.DRO DATE 10/2007 LOC 07-60 9A Attachment 4 42 ORDINANCE NO. 13- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT RELATING TO THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989;and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County Community Redevelopment Agency staff has prepared plan amendments to the Future Land Use Element to change the density bonuses allowed in the Bayshore/Gateway Triangle Redevelopment Overlay; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on January 9, 2013 after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan;and WHEREAS, Collier County has gathered and considered additional information,data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments, and other documents, testimony and information presented and made a part of the record at the CP-2013-3 \Bayshore GMP Page 1 of 3 Rev.5/02/13 Words underlined are added; words struck-through are deleted; row of asterisks(***)denotes break in text 9 public hearings of the Collier County Planning Commission held on April 4, 2013 and May 2, 2013,and the Collier County Board of County Commissioners held on May 28,2013; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element in accordance with Section 163.3184, Florida Statutes. The amendments are attached hereto as Exhibit"A"and are incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this 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 THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND JIULY ADOPTED by the Board of County Commissioners of Collier County,Florida this Zay of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHTE.`$Itfl'(K CLERK COLLIER COUNTY,FLORIDA : .*� C B r .-.,D o" 4: ;•RP.;.77 GEORGIA- _i� + --e Clsitioi� a 'shore GMP ), Page 2 of 3 Rev. 5102/F3 t Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text U 9A Approved as to form and legal sufficiency: EkA CA) v(112 Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit"A" CP112-CMP-00865\30 CP-2013-3\Bayshore GMP Page 3 of 3 Rev. 5/02/13 Words underlined are added;words struck-through are deleted; row of asterisks(***)denotes break in text CA 1 EXHIBIT"A" CP-2012-3 FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES *** *** *** text break *** *** *** OBJECTIVE 5 *** *** *** text break *** *** *** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial- zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially-zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially-zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore/Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. *** *** *** text break *** *** *** I. URBAN DESIGNATION Words underlined are added;words are deleted-approved by BCC 5/28/13. CA 9A 2 *** *** *** text break *** *** *** B. DENSITY RATING SYSTEM: *** *** *** text break *** *** *** 1. The Density Rating System is applied in the following manner: *** *** *** text break *** *** *** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the"vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore/Gateway Triangle Redevelopment Overlay *** *** *** text break *** *** *** C. Urban Commercial District *** *** *** text break *** *** *** 1. Mixed Use Activity Center Subdistrict *** *** *** text break *** *** *** For residential-only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed-use developments -whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Words underlined are added;words shisli-thfu are deleted-approved by BCC 5/28/13. sit;S 3 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: *** *** *** text break *** *** *** V. OVERLAYS AND SPECIAL FEATURES *** *** *** text break *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay The Bayshore/Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore/Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the BayshorelGateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One-or more Two zoning overlays have been will-be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed-Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C-1 through C-3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed-use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non-residential/non-commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water-dependent and water-related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. Words underlined are added;words struck thru are deleted—approved by BCC 5/28/13. 9A 4 4. Properties with access to US-41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or the west side of Airport-Pulling Road are may be allowed a maximum density of 12 residential units per acre via use of the density bonus pool identified in paragraph 11, except that no project may utilize more than 97 units - 25% of the total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density, the project must be integrated into a mixed-use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore/Gateway Triangle Redevelopment Overlay Map. The "mini triangle" catalyst project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06-08), and amended December 14, 2006 (Ordinance No. 06-63). For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. _- - _ - - - •• - - - - - - _ -_- -- - - -_ •• -- byrJ future zoning overlay 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport-Pulling Road (west side only) or US 41 East, are may be allowed to redevelop as a residential-only project at a maximum density of 8 residential units per acre via use of the density bonus pool identified in paragraph 11 except that no project may utilize more than 97 units - 25% of the 388 total density pool units available. The 97 unit cap will terminate when the BCC adopts, by LDC amendment, limitations and a cap on the use of the 388 density pool units for any one project. In order to be eligible for this higher density the redevelopment must comply with the following: a. Project shall be in the form of a PUD. b. Project site shall be a minimum of three acres. c. Project shall constitute redevelopment of the site. d. All residential units shall be market rate units. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. staffs- Words underlined are added;words are deleted-approved by BCC 5/28/13. 9 5 7. Existing zoning districts for some properties within the Bayshore/Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs#4 and45 above, mixed use projects within the Bayshore/Gateway Triangle Redevelopment Overlay must comply with the following-design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. c. Buildings containing mixed uce (residential ueoc-ovor commercial uces) are limited to a _ - •- _e --_ , -- •• _ --=- - • -_ •- • -- - •_ - • - stories only. 9. For density bonuses provided for in paragraphs#4 and #5 above, base density shall be as per the underlvinq zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 910. - - --_ _ -- - - _ - _ - -- - - _ - - - _ - - cc:- :. • - • _ ---- - -•e • - - • _- _ - - A _ Only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. a-0: 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 abov-, _ -_ _ _ -= e -•- _ . This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. -14,12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore/Gateway Triangle Redevelopment Overlay Map, shall be limited to non-residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. 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