Agenda 05/29/2002 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
May 29, 2002
5:05 p.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
MANAGER PRIOR.. TO THE PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH
THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FiVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
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COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
1
May 29, 2002
1. PLEDGE OF ALLEGIANCE
e
AGENDA
A. An Ordinance amending Ordinance Number 91-102, as amended, the Collier
County Land Development 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: Article 2, Zoning, District 2.1. General;
Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards including Revisions to the C-1 through C-5 and Industrial Zoning
Districts List of Permitted and Conditional Uses; Division 2.4 Landscaping
and Buffering; Division 2.6 Supplemental District Regulations; Division 2.7
Zoning Administration and Procedures; Division 3.2 Subdivisions; Division
3.3 Site Development Plans; Division 3.13 Coastal Construction Setback Line
Variance; Division 3.15 Adequate Public Facilities; Article 6, Definitions
Division 6.3 including but not limited to the Definition for the Term Hotel Suite;
Section Five, Adoption of Amended Zoning Atlas Map; Section Seven, Conflict
and Severability; Section Eight, Inclusion in the Collier County Land
Development Code; and Section Nine, Effective Date.
3. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUN'FY MANAGER'S OFFICE AT 774-8383..
2
May 29, 2002
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT 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 SPCIFICALLY
AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.1. GENERAL;
DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5
AND INDUSTRIAL ZONING DISTRICTS LIST OF PERMITTED AND
CONDITIONAL USES; DIVISION 2.4 LANDSCAPING AND BUFFERING; DIVISION
2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7 ZONING
ADMINISTRATION AND PROCEDURES; DIVISION 3.2 SUBDIVISIONS; DIVISION
3.3 SITE DEVELOPMENT PLANS; DIVISION 3.13 COASTAL CONSTRUCTION
SETBACK LINE VARIANCE; DIVISION 3.15 ADEQUATE PUBLIC FACILITIES;
ARTICLE 6, DEFINITIONS DIVISION 6.3 INCLUDING BUT NOT LIMITED TO THE
DEFINITION FOR THE TERM HOTEL SUITE; SECTION FIVE, ADOPTION OF
AMENDED ZONING ATLAS MAP; SECTION SEVEN, CONFLICT AND
SEVERABILITY; SECTION EIGHT, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION NINE, EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest of the
public.
CONSIDERATIONS:
This is the first of two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, the Collier County Planning Commission, and the Environmental
Advisory Committee, where applicable. Recommendations of each of these bodies are included in the
summary description of the LDC amendments where an advisory body advocated revisions to the staff
recommended changes. The Planning Commission held public hearings on April 10, 2002 and May 8,
2002. A summary of the review of these amendments by these entities is provided with this Executive
Summary.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
All proposed amendments to the Land Development Code are consistent with Policies. Objectives and
Elements of the GMP. ,~.~
MAY ~ 2002
1 ·
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve amendments to the Land Development Code except
as otherwise modified at this final public hearing, all which are described in the draft Ordinance of
Adoption included with this Executive Summary.
PREPARED BY:
/'~USAN MURRAY, AICP, INTERIM DtRECTOR
PLANNING SERVICES DEPARTMENT
DATE
APPROVED BY:
JOSEPH t~. '~Ci-I'MiT~;'XDMINIS2~RATOR DATE
COM~;4T r~lT¥ DEVELOPMENT 8,: ENVIRONMENTAL SVCS.
MAY '2002
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ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:71
LDC SECTION: 2.1.15
CHANGE: Delete the requirement that the approval of comparable uses in any zoning
district, shall be determined through the official interpretation process referenced in
Division 1.6.
REASON: The Commercial and Industrial zoning districts have been amended in this
amendment cycle to require that those uses referenced above be approved through the
conditional use process as requested by the Board of County Commissioners. Therefore,
the above referenced regulation is in conflict with the amendment if it is not deleted.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will have no impact
on the Growth Management Plan.
Sec. 2.1.15. Prohibited uses and structures.
~A ~T~.M
MAY 2 9 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR:
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:29 & LDC2:31-32
LDC SECTION: 2.2.6. & 2.2.7.
CHANGE: Revise method by which setbacks are determined in the RMF-12 & RMF-16
zoning districts
REASON: This revision would make the method for determining setbacks in these
zoning districts compatible with the method used in similar residential zoning districts
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will have no impact
on the Growth Management Plan
Amend the LDC as follows:
Sec. 2.2.6. Residential multiple-family-12 district (RMF-12)
2.2.6.4.3. Minimum yard requirements.
1. Front yard - Thirty feet.
Side yards - One-half of the building height as measured from
'~ xt~n,~r ..... er ....... r ~, ~,~,~ ..... the first finished floor
with a minimum of 15 feet Where minimum floor elevations have
been established by law or permit requirements, the building height
shall be measured from such required minimum floor elevations.
Sec 2.2.7. Residential multiple-family-16 district (RMF-16)
2.2.7.4.3. Minimum yard requirements.
1. Front yard - One half of the building height as measured fr
exte~or ':,'al! ....... o ........... u the first fimshed floor
9m
;ith a
MAY 2 9 ~102
minimum of 30 feet. Where minimum floor elevations have been
established by law or permit requirements, the building height shall
be measured from such required minimum floor elevations
Side yards - One-half of the building height as measured from
~. ~v,~.~ ...... , ..... :~' ora ~*-'"* ..... the first finished floor
with a minimum of 15 feet. Where minimum floor elevations have
been established by law or permit requirements, the building height
shall be measured from such required minimum floor elevations
o
Rear yard - One-half the building height as measured from
.~....~. ~v,~.4 ...... . ..... :~"' of a ~'~.'-*' .... the first finished floor
with a minimum of 30 feet. Where minimum floor elevations
have been established by law or permit requirements, the building
height shall be measured from such required minimum floor
elevations.
MAY 2 9 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Michele R. Mosca, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:41 - LDC2:61
LI)C SECTIONS: 2.2.12.2.1, 2.2.12.3, 2.2.13.1, 2.2.13.2.1, 2.2.13.3, 2.2.14.2.1, 2.2.14.3,
2.2.15.2.1, 2.2.15.3, 2.2.15 V2.2, and 2.2.15 ½.3.
CHANGE: To revise, add, or remove certain permitted and/or conditional uses, within the
commercial zoning districts (C-l, C-2, C-3, C-4, C-5), to make those uses consistent with the
"Purpose and Intent" statement for each respective commercial district. To change the
regulations which allow as permitted uses, other uses which are comparable to uses permitted
by right in the district as determined by the Planning Services Director, to require that
determination be made by the Board of Zoning Adjustment and Appeals, through the
Conditional Use process.
REASON: In a previous LDC amendment cycle, the "Purpose and Intent" section for each of
the commercial districts was modified. As a result, certain existing uses are no longer
appropriate for the districts, while other uses are appropriate to be added.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts.
RELATED CODES OR REGULATIONS: There are no related codes or regulations
affected by this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no growth management plan
impacts.
Amend the
Sec. 2.2.12.
2.2.12.1.
LDC as follows:
(C-1)Commercial professional .n~..:~o ,r, ,~ and general office district
Purpose and intent. 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
market support for these office uses should be those with a localized l~xsis ~ ~/~
market support as opposed to office functions requiring inter-jurisdictior al an~
M~¥ 2 9 ~002
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.
2.2.12.2.
2.2.12.2.1.
Permitted uses. The following uses, as identified with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of ~ uses accessory,to pe~itted us~s i~n,~t~e cji
Permitted uses.
1. Accounting, auditing ~d boo~eeping se~ices (8721).
2. Automobile parking (7521) ..... · t~, · .... : .... ~,:,~ · 1y
.... ~ ...........~ ....... ~ parking lots on .
3. Barber shops (7241), except schools.
4. Beauty shops (7231), except schools.
5. Business se~ices (groups 7311, 7313, 7322--7331, 7338, ~,~,, 7371, 7372,
7374--7376, 7379).
6. Child day care se~ices (8351).
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuit to F.S. ~ 400.402 and ch. 58A-5 F.A.C.; and continuing care
retirement co--unities pursuant to F.S. ~ 651 and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Offices for engineehng, architectural, and su~e~ng se~ices (~oups 0781,
89.
10-lq-.
8711--8713).
Health services (8011--8049).
Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
MAY 2 Et 2002
11.__~.
124-3.
1~4-1-5.
Insurance carriers, agents and brokers (groups 6311--6399, 6411).
Legal services (8~ 11).
Management and public relations services (groups 8741--8743, 8748).
Miscellaneous personal services (7291, 7299, debt counseling only).
Nondepository credit institutions (groups 6141-6163).
1~6-1-8. Photographic studios (7221).
17.__~. Physical fitness facilities (7991 permitted only when physically integrated
and operated in conjunction with another permitted use in this district - no stand
alone facilities shall be permitted).
18~-0. Real estate (groups 6531--6541).
1924-. Shoe repair shops and shoeshine parlors (7251).
20.
Security and commodity brokers, dealer, exchanges and services (groups
6211-6289).
21. Transportation services (4724), travel agencies only.
2.2.12.3. Conditional uses.. The following uses are permissible as conditional uses in the
(C-1)c°mmercial Pr0feSgi°hal ~d eeneral offi~:e distri~//trang/ti,vna! a:o,.4~, re- , r~ ,/~-x
subject to the standards and procedures established in division 2.7.4.
1. Automobile parking (7521), garages-automobile parking, parking structures.
2. Churches and other places of worship.
3-1-. Civic, social and fraternal associations (8641).
4_~. Depository institutions (groups 6011--6099).
MAY 2 9 2002
53. Educational services (8211--8231), except regional libraries.
6_5. Homeless shelters, as defined by this Code.
7_6. Increased building height to a maximum of 50 feet.
8g. Mixed residential and commercial uses subject to the following criteria:
A site development plan is approved pursuant to division 3.3. that is
designed to protect the character of the residential uses and of the
neighboring lands;
b. The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-l, r, 1re district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building;
g. Building height may not exceed two stories;
ho
Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
A minimum of 30 percent of the mixed use development shall be
maintained as open space. 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 vegetation is maintained);
The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such AC.,~OA ~'r~
! MAY 2 ~ 2002
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
98. Nursing and personal care facilities (8082).
109. Funeral service and cremate.Se: (7261 except crematories).
11__~. Religious organizations (8661).
1244. Soup kitchens, as defined by this Code.
13 -1-3. Veterinarian's office (0742), excluding outdoor kenneling.
14. Any other commercial or professional 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 Adjustment and
Appeals. ;-~.,'~;~ ,h,.~ ~u.~ ~v,4,,~;.,~ ..... ,u~ ~,~;..;~,~,; ........... .~ ,~ ,u~
2.2.12,4, tffough 212!12;61 Nb ehang~
2.2.12.7. Special Regulations for C-1 ZOned propertieS adjacent to Residentially zoned
lands.
2.2.12.7.1.- The Parking "Or 63e/,night'~ ~torage'~ ~of '[fleet vehicles, or] vehicles' used in'
coniunction..with?a: commercial buSinesS of C~-I~ zoned lands shall occur within a
completely enclosed building, Unles'g COnditional ~use apprOval is granted for outdoor
storage of Vehicles. Nonconforming situations that Were otherwise lawful prior to the
effective date of this Section of the'0rdinance' shall comply with this ordinance or any
subsequent amendment to this Ordinance within 180 days of its effective date.
~AY 2 9 2002
Sec. 2.2.13.
2.2.13.1.
2.2.13.2.
2.2.13.2.1.
Commercial convenience district (C-2).
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 type uses and land 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.
Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the C-2
commercial convenience district.
Permitted uses.
Unless otherwise provided for in this section, all permitted uses and all
conditional uses except increased height and mixed residential and
Apparel and accessory stores 1800 square feet or less of ~oss floor area in
the principal structure (groups 5611--5699).
Business services (groups 7311, 7313, 7322--7338, 7251 7371--7379, 7384).
Eating places 2,800 square feet or less of gross floor area in the principal
structure (5812 except contract feeding, dinner theaters, food service
(institutional), industrial feeding).
MAY 2 5 2002
o
o
o
10.
11.
12.
13.
14.
Food stores 2,800 square feet or less of gross floor area in the
principal structure (groups 5411 except supermarkets, 5421--5499).
Gasoline service stations (5541 subject to section 2.6.28).
General merchandise stores 1,800 square feet or less of gross floor
area in the principal structure (5211 5331,5399).
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Hardware stores 1,800 square feet or less of gross floor area in the
principal structure (5251).
Health services (groups 8011--8049, 8082).
Home furniture, furnishing and equipment stores 1,800 square feet or less of
gross floor area in the principal structure (groups 5713--5719, 5731--5736).
Libraries (8231) except regional libraries.
Miscellaneous repair services, except aircraft, business and office machines,
large appliances, and white goods such as refrigerators and washing
machines (7629--7631).
Miscellaneous retail services 1,800 square feet or less of gross floor
area in the principal structure (5912, 5942--5961).
156.
16g.
178.
189.
Paint, glass and wallpaper stores 1,800 square feet or less of gross floor area
in the principal structure (5231).
Personal services 1,800 square feet or less of gross floor area in the principal
structure (groups 7212, 7215, 7221--7251, no beauty or barber schools,
7291).
Security and commodity brokers, dealer, exchanges and services (groups
6211--6289).
United States Postal Service (4311 except major distribution center'
MAY 2 9 2002
2.2.13.3.
19._~. Veterinary services (0742 excluding outside kenneling).
20_& Videotape rental with 1,800 square feet or less of g:oss floor area in the
principal structure (7841).
22.
Conditional uses. The following uses are permissible as conditional uses in the
commercial convenience district (C-2), subject to the standards and procedures
established in division 2.7.4.
1. Educational Services (8221,8222) except regional libraries.
-1-.2= Homeless shelters, as defined by this Code.
Mixed residential and commercial uses subject to the following criteria:
a. A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and neighboring
lands;
The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
e. Residential and commercial uses do not occupy the same floor of a
building;
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-2 district, together with the specific
requirement that in no instance shall the residential uses exceed 50 percent
of the gross floor area of the building or the density permitted under the
growth management plan;
g. Building height may not exceed two stories;
Each residential dwelling unit shall contain the following minimum floor
areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650
square feet; three-bedroom, 900 square feet;
MAY 2 ~ 2002
i. The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
A minimum of 30 percent of the mixed use development shall be
maintained as open space. 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 vegetation is maintained);
The mixed commercial/residential structure shall be designed to enhance
compatibility of the commercial and residential uses through such
measures as, but not limited to, minimizing noise associated with
commercial uses; directing commercial lighting away from residential
units; and separating pedestrian and vehicular accessways and parking
areas from residential units, to the greatest extent possible.
4. Permitted ~f~6nal s'~i~; Vid~6~rental or retail uses with more than 1,800 square
feet of gross floor area in the principal structure.
5. Permitted food service (eh ih ' ih :b fobd 6 S) uses with more than 2;800
square feet of gross floor area in the permitted principal structure,
63. Soup kitchens, as defined by this Code.
7. Any other convenience commercial use which is comparable in nature with the
foregoin,e list of permitted uses and consistent with purpose and intent statement of the
district, as determined by the Board of Zoning Adiustment and Appeals.
2.2.13.4. throUgh 2:: 2113:T'N~h~ge~
2.2.13.8..' 'Special Regulati°ns fo~C-2 jroned proP ertie3 ad[acent to ReSidentially.zoned
lands..
2.2.13.8.1. The parking or ovem~ es, Or] vehicles used in
conjunction with a commercial business of C-2 zoned lands shall occur within a
completely enclosed building, unless conditiOnal use approval is granted for outdoor
storage of vehicles. Nonconforming situations that were otherwise lawful prior to the
effective date of this section of the ordinance shall comply with this ordinance or any
subsequent amendment to this ordinance within 180 days of its effective date.
Sec. 2.2.14.
2.2.14.1.
2.2.14.2.
2.2.14.2.1.
Commercial intermediate district (C-3).
Purpose and intent. The purpose and intent of the commercial intermediate
district (C-3) is to provide for a wider variety of goods and services intended for
areas expected to receive a higher degree of automobile traffic. The type and
variety of goods and services are those that provide an opportunity for comparison
shopping and have a trade area consisting of several neighborhoods and are
preferably located at the intersection of two arterial level streets. Most activity
centers meet this standard. This district is also intended to allow all of the uses
permitted in the C-1 and C-2 zoning districts typically aggregated in planned
shopping centers. This district is not intended to permit wholesaling type of uses,
or land uses that have associated with them the need for outdoor storage of
equipment and merchandise. A mixed-use project containing a residential
component is permitted in this district subject to the criteria established herein.
The C-3 district is 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 intermediate 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.
Permitted uses. The following uses, as defined with a number from the Standard
Industrial Classification Manual (1987), or as otherwise provided for within this
section, are permitted as of right, or as uses accessory to permitted uses in the
commercial intermediate district (C-3).
Permitted uses.
Unless otherwise provided for in this section, all permitted uses of the C-2
commercial convenience district.
2. Apparel and accessory stores 5,000 square feet or less of gross floor area in
the principal structure (groups 5611--5699).
Auto and home supply stores 5,000 square feet or less of gross floor area in
the principal structure (5531).
Automotive services (7549) except that this shall not be construed to permit
the activity of "wrecker service (towing) automobiles, road and towing
service." AC, r~A I.Ir~
MAY 2 9 2002
o
10.
11.
12.
13.
14..
15.
Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389
except aucfioneering service, automobile recovery, automobile repossession,
batik work, bottle exchanges, bronzing, cloth cutting, contractors' disburse -
ment, cosmetic kits, cotton inspection, cotton sampler, directories - telephone,
drive-away automobile, exhibits-building, filling pressure containers, field
warehousing, fire extinguisher, floats-decoration, folding and refoldin.~, gas
systems, bottle labeling, liquidation services, metal slitting and shearing,
packaging and labeling, patrol of electric transmission or gas lines, pipeline or
powerline inspection, press clipping service, recording studios, repossession
service, rug binding, salvaging of damaged merchandise, scrap steel cutting
and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting,
window trimming, and yacht brokers).
Eating places 6,000 square feet or less in gross floor area in the principal
structure (5812 only). All establishments engaged in the retail sale of
alcoholic beverages for on-premise consumption are subject to Iocational
requirements of section 2.6.10.
Food stores 5,000 square feet or less of gross floor area in the principal
structure (groups 5411--5499).
General merchandise stores 5,000 square feet or less of gross floor area in the
principal structure (groups 52 ! ! 5331-5399).
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
[Reserved.]
Home furniture, furnishing, and equipment stores 5,000 square feet or less of
gross floor area in the principal structure (groups 5712--5736).
Libraries (8231).
Marinas (4493), subject to section 2.6.22.
Membership organizations (8611--8699).
Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, lawnmower repair, led
goods repair, locksmith shop, picture framing, and pocketbook repair e
:he[
Mt ¥ 2 9 2002
16.
Miscellaneous retail 5,000 square feet or less of gross floor area, except drug
stores (gzoups 5912--5963 except pawnshops and building materials, 5992--
5999 excep, t auction rooms, awning shops, gravestones, hot tubs, monuments,
swimming pools, tombstones and whirlpool baths).
17. Museums and art galleries (8412) art galleries only.
18. Nondepository credit institutions (groups 6111--6163).
19.
Paint, glass and wallpaper stores 5,000 square feet or less of gross floor area in
the principal structure (5231).
20.
Personal services 5,000 square feet or less of gross floor area in the principal
structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,
7221--7251,7291, 7299 babysitting bureaus, clothing rental, costume rental,
dating service, depilatory salons, diet workshops, dress suit rental, electrolysis,
genealogical investigation service, and hair removal only).
21. Physical Fitness Facilities (7991)
21.22 Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511--
9532, 9611--9661).
22.23. Retail nurseries, lawn and garden supply stores 5,000 square feet or less of
gross floor area in the principal structure (5261).
2-3. 24. Veterinary services (groups 0742, 0752 excluding outside kenneling).
24. 25. Videotape rental 5,000 square feet or less of gross floor area in the
principal structure (7841).
-2-5. 26. United States Postal Service (4311 except major distribution centers).
-24. 27. Any use which was permissible under the prior GRC zoning district and
which was lawfully existing prior to the adoption of this Code.
27.
district.
2.2.14.3.
Conditional uses. The following uses are permissible as conditional uses in the
commercial intermediate district (C-3), subject to the standards and procedures
established in division 2.7.4. - t~c,v, lqo~,?-~
, ' MAY 2 9 2002
o
Amusements and recreation services (groups 7911, 7922 community
theaters only, 7933, 7991, 7993, 7999 boat rental, miniature golf course,
bicycle and moped rental, rental of beach chairs and accessories only).
Drinking places (5813) excluding bottle clubs. All establishments engaged
in the retail sale of alcoholic beverages for on-premise consumption are
subject to the locational requirements of section 2.6.10.
Educational services (8221, 8222)
Homeless shelters, as defined by this Code.
Hospitals (groups 8062--8069).
Justice, public order and safety (groups 9211 922~, 9221, 9222, 9224,
9229).
Social services (8322--8399).
Mixed residential and commercial uses, subject to the following criteria:
ao
A site development plan is approved pursuant to division 3.3 that is
designed to protect the character of the residential uses and
neighboring lands;
bo
The commercial uses in the development may be limited in hours of
operation, size of delivery trucks, and type of equipment;
c. The residential uses are designed so that they are compatible with the
commercial uses;
d. Residential dwelling units are located above principal uses;
eo
Residential and commercial uses do not occupy the same floor of a
building;
The number of residential dwelling units shall be controlled by the
dimensional standards of the C-3 district, together with the specific
requirement that in no instance shall the residential uses exceed 50
percent of the gross floor area of the building or the density
permitted under the growth management plan;
g. Building height may not exceed two stories;
2002
ho
Each residential dwelling unit shall contain the following minimum
floor areas: efficiency and one-bedroom, 450 square feet; two-
bedroom, 650 square feet; three-bedroom, 900 square feet;
The residential dwelling units shall be restricted to occupancy by the
owners or lessees of the commercial units below;
A minimum of 30 percent of the mixed use development shall be
maintained as open space. 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 vegetation is
maintained);
The mixed commercial/residential structure shall be designed to
enhance compatibility of the commercial and residential uses
through such measures as, but not limited to, minimizing noise
associated with commercial uses; directing commercial lighting
away from residential units; and separating pedestrian and vehicular
accessways and parking areas from residential units, to the greatest
extent possible.
98. Motion picture theaters, except drive-in (7832).
10.
11.
129.
13-1-0.
1444-.
Permitted P~sbhal ~i~g, ~id~6 rental or retail uses (e~lUfiifig drag Stores
(5912)), with more than 5,000 square feet of gross floor area in the principal
structure.
Permitted food service (e~tih~ ~1~%) uses with more than 6~000 square feet
of gross floor area in the principal structure.
Permitted use with less than 700 square feet gross floor area in the principal
structure.
Soup kitchens, as defined by this Code.
Vocational schools (8243--8299).
15. Any other intermediate commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted uses and
purpose and intent statement of the district, as determined by the Board of Zoning
Adjustment and Appeals. A~AATM
~ ~. MAY 2 9 2002
2.2.14:7i ;:,i' 5'pe ~l'.ii~Rk'~]dti~ons for C-3 zoned Prope'~'tt'~s: ~'a~nt tb'ResidentiallP zone~
completely encI0sed"bUildingi~:::~es~!ic0ndifiOnal~,hSemppr6vatilig ~anted!for oUtdoor
storage of vehicles! N~fi~nfo~iilg si~ati6hs':'th~t::wer~-OtherwiseilaWfui prior to the,
effective date °fthi~ sectiOn of 'the :; ordinance~ Shall comply>with thisOidinance or any:!
subsequent amendment:i/o::thiS ordinance Within~, i 80 ~days Of i~, effeCtive date:
MAT 2 9 2002
Sec. 2.2.15.
2.2.15.1.
2.2.15.2.
2.2.15.2.1.
General commercial district (C-4).
Purpose and intent. The general commercial district is intended to provide for
those types of land uses that attract large segments of the population at the same
time by virtue of scale, coupled with the type of activity. The purpose and intent
of the C-4 district is to provide the opportunity for the most diverse types of
commercial activities delivering goods and services, including entertainment and
recreational attractions, at a larger scale then the C-1 through C-3 districts. As
such, all of the uses permitted in the C-1 through C-3 districts are also permitted
in the C-4 district. The outside storage of merchandise and equipment is
prohibited, except to the extent that it is associated with the commercial activity
conducted on site such as but not limited to automobile sales, marine vessels, and
the renting and leasing of equipment. Activity centers are suitable locations for
the uses permitted by the C-4 district because most activity centers are located at
the intersection of arterial roads; therefore the uses in the C-4 district can most be
sustained by the transportation network of major roads. The C-4 district is
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 or permitted
in a district shall not exceed the density permissible under the density rating
system.
Permitted uses. The following uses, as identified within the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted uses in the general
commercial district (C-4).
Permitted uses.
Unless otherwise provided for in this Code, all permitted uses in the C-3
commercial intermediate district.
Agricultural services (groups 0741 except outdoor kenneling, 0742 except
outdoor kenneling, 0752, except outdoor kenneling-0783
°
Amusements and recreation services, indoor (groups 7911--7941,7991--
7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes
operation, houseboat rental, pleasure boat rental, operation of party fishing
boats, canoe rental.
Automotive dealers and gasoline service stations (groups 5511, 5531, 5541
with services and repairs as described in section 2.6.28, 5571, 5599 new
vehicles only).
o
o
Automotive repair, services, parking (groups 7514, 7515, 7521 except that
this shall not be construed to permit the activity of "tow-in parking lots"),
and carwashes (group 7542), provided that carwashes abutting residential
zoning districts shall be subject to the following criteria:
ao
Size of vehicles. Carwashes designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
1. Front yard setback: 50 feet.
2. Side yard setback: 40 feet.
3. Rear yard setback: 40 feet.
Minimum frontage. A carwash shall not be located on a lot with less
than 150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
Fence requirements. If a carwash abuts a residential district, a masonry ~
or equivalent wall constructed with a decorative finish, six feet in
height shall be erected along the lot line opposite the residential district
and the lot lines perpendicular to the lot lines opposite the residential
district for a distance not less than 15 feet. The wall shall be located
within a landscaped buffer as specified in section 2.4.7. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
Architecture. The building shall maintain a consistent architectural
theme along each building facade.
go
Noise. A carwash shall be subject to Ordinance No. 90-17, Collier
County Noise Control Ordinance [Code ch. 54, art. IV].
ho
Washing and polishing. The washing and polishing operations for all
car washing facilities, including self-service car washing facilities, shall
be enclosed on at least two sides and shall be covered by a roof.
Vacuuming facilities may be located outside the building, but may not
be located in any required yard area.
Hours of operation. Carwashes abutting residential districts shall be
closed from 10:00 p.m. to 7:00 a.m.
, \
Building materials, hardware and garden supplies (groups 5231--5261).
MAY 2 9 2002
o
10.
11.
12.
13.
14.
15.
Business services (groups 7311--7352, 7359 except airplane, industrial truck,
portable toilet and oil field equipment renting and leasing, 7361--7397
7381,except armored car and dog rental, 7382-7389 except auctioneering
service, automobile recovery_, automobile repossession, batik work, bottle
exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits,
cotton inspection, cotton sampler, directories - telephone, drive-away
automobile, exhibits-building, filling pressure containers, field warehousing,
fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle
labeling, liquidation services, metal slitting and sheafing, packaging and
labeling, patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting and
slitting, shrinking textiles, solvent recovery, sponging textiles, swimming
pool cleaning, tape slitting, texture designers, textile folding, tobacco
sheeting, and window).
Commercial printing (2752, excluding newspapers).
Communications (groups 4812--4841) including communications towers up
to specified height, subject to section 2.6.35.
Eating and drinking establishments (5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-
premise consumption are subject to the locational requirements of section
2.6.10.
Educational services (8221, 8222)
Engineering, accounting, research, management and related services (groups
8711--8748).
Glass,~..,~""'4 az:rig .. .... ~ .... /.
Group care facilities (category I and II, except for homeless shelters); care
units, except for homeless shelters; nursing homes; assisted living facilities
pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 2.6.26.
Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--
8099).
Hotels and motels (groups 7011, 7021, 7041 when located within an activity
center).
2002
2.2.15.3.
16.
Marinas (4493, 4499 except canal operation, cargo salvaging, ship
dismantling, lighterage, marine salvaging, marine wrecking, steamship
leasing), subject to section 2.6.22.
17.
Miscellaneous repair services (groups 7622--7641, 7699 except agricultural
equipment repair, awning repair, beer pump coil cleaning and repair,
blacksmith shops, catchbasin, septic tank and cesspool cleaning,
coppersmithing, farm machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair, machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
18. Miscellaneous retail (groups 5912-5963, 5992-5999).
19. Motion picture theaters (7832).
20. Public or private parks and playgrounds.
21. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--
7299).
22. Real estate (group 6512).
23. Social services (groups 8322--8399, except for homeless shelters and soup
kitchens).
24. [Reserved.]
25. Vocational schools (groups 8243--8299).
Conditional uses for C-4. The following uses are permitted as conditional uses in the
general commercial district (C-4), subject to the standards and procedures
established in division 2.7.4.
1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
3. Auctioneering services, auction rooms (7389, 5999).
Automotive dealers and gasoline service stations (groups 5521, 5551, 5561,
5599 outdoor display permitted). A~_NOA
MAY 2 ~ 2002
P~,~
5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519).
6. Bottle clubs. (All establishments engaged in the retail sale of alcohoi{c
beverages for the on-premise consumption are subject to the locati~onal
requirements of section 2.6.10.)
7. Fishing, hunting and trapping (groups 0912--0919).
8. Fuel dealers (groups 5983--5989).
9. Homeless shelters, as defined by this Code.
10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center).
11. Justice, public order and safety (groups 9222 9224 9221, 9222, 9224, 9229).
12. Kiosks.
13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop
only).
14. Motion picture theaters (7833).
19.
15. Communication towers above specified height, subject to section 2.6.35.
16.
Permitted use with less than 700 square feet of gross floor area in the principal
structure.
17. Soup kitchens as defined by this Code.
18. Motor freight transportation and warehousing (4225 air conditioned and mini-
and self storage warehousing only).
Any other general commercial use which is comparable in nature with the foregoing
list of permitted uses and consistent with the permitted uses and purpose and intent
statement of the district, as determined by the Board of Zoning Adiustment and
Appeals.
2.2.15.4. thrOugh 2.2.15.81 No changes
blAT 2 2002
2.2.15.9.1. The~parking or:oveml vehicles; or] .vehicles used in
conjunction: ;-~tI/:3a-c6m~e~r6ial~;:bUsiness¢of,~=C~ .. ZOned4ands~ shall: =0c~Ur ~'within a
completely enclOsed: building~ !:~sSCOnditional:..use_:approval~!iS: ;grante&~ f0r Outdoor
storage 'of vehicl6s: Nonc0iff6~ifig. :Si'tu~itions 'that';were 'OtherwiSe lawful prior to the
effective dateofthi§;:~dfi6~?'~f-th6:~6i;dinarice Shal[.!¢Omply~withthis'Ordin/mce or any
subsequent amendment t¢ ~thiS6~dinhnce ~in 1'80 dayS':of its effective date :":: -~
Sec. 2.2.15 Vz. Heavy commercial district (C-5).
2.2.15 ½.1.
Purpose and intent. In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space
in the conduct of the business. The C-5 district permits heavy commercial
services such as full-service automotive repair, and establishments primarily
engaged in construction and specialized trade activities such as contractor offices,
plumbing, heating and air conditioning services, and similar uses that typically
have a need to store construction associated equipment and supplies within an
enclosed structure or have showrooms displaying the building material for which
they specialize. Outdoor storage yards are permitted with the requirement that
such yards are completely enclosed or opaquely screened. The C-5 district is
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.
2.2.15 V~ .2.
Permitted uses. The following uses, as identified within [with] a number from the
Standard Industrial Classification Manual (1987), or as otherwise provided for
within this section, are permitted as of right, or as uses accessory to permitted
uses in the heavy commercial district (C-5).
2.2.15 ½.2.1. Permitted uses.
Unless otherwise provide for in this section, all permitted uses in the C-4
general commercial district.
2. Auctioneering/auction houses (groups 7389, 5999).
3. Automotive dealers and gasoline service stations (groups 5511--5599).
Automotive repair, services and parking (groups 7513--7549), provided that
carwashes abutting residential zoning districts shall be subject to the following
criteria:
AGCtdl")A ITEM
MAY 2 9 2002
[Size of vehicles.] Carwash designed to serve vehicles exceeding a
capacity rating of one ton shall not be allowed.
b. Minimum yards.
(1) Front yard setback: 50 feet.
(2) Side yard setback: 40 feet.
(3) Rear yard setback: 40 feet.
Minimum frontage. A carwash shall not be located on a lot with less than
150 feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall
be erected along the lot line opposite the residential district and the lot
lines perpendicular to the lot lines opposite the residential district for a
distance not less than 15 feet. The wall shall be located within a
landscaped buffer as specified in section 2.4.7. All walls shall be protected
by a barrier to prevent vehicles from contacting them.
Architecture. The building shall maintain a consistent architectural theme
along each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County
Noise Control Ordinance [Code ch. 54, art. IV].
Washing and polishing. The washing and polishing operations for all car
washing facilities, including self-service car washing facilities, shall be
enclosed on at least two sides and shall be covered by a roofi Vacuuming
facilities may be located outside the building, but may not be located in
any required yard area.
Hours of operation. Carwashes abutting residential districts shall be closed
from 10:00 p.m. to 7:00 a.m.
5. Building construction--general contractors (groups 152 I-- 1542).
6. Building materials (groups 52! 1--5261).
o
Business services (groups 7311--7353, 7359,7389 contractors' disbursement,
directories-telephone, recording studios, swimming pool cleaning, and textile
designers only).
AG~I~:)A ITEM
MAY 2 9 2002
9.
10.
11.
12.
13--14.
Construction--special trade contractors (groups 1711-- 1793, 1796, 1799).
Education services (groups 8243--8249).
Motor freight transportation and warehousing (4225 mini- and self-storage
warehousing only).
Fishing, hunting and trapping (groups 0912- -1- 0919).
Glass and glazing work (1793).
Crematories (7261).
Justice, public order and safety (groups~_...~" 1 I, n~,.~ ~......, o.-,.~......, ......c~"m 9211,
9221, 9222, 9224, 9229).
Local and suburban transit (groups 4111--4121).
Mobile home dealers (5271).
Miscellaneous repair services (groups 7622--7699).
Outdoor storage yard, provided outdoor storage yard not be located closer
than 25 feet to any public street and that such yard shall be completely
enclosed, except for necessary ingress and egress, pursuant to the
requirements of Section 2.2.151/2.6 of this Code. This provision shall not
allow as a permitted or accessory use, wrecking yards, junkyards, or yards
used in whole or part for scrap or salvage operations or for processing,
storage, display, or sales of any scrap, salvage, or secondhand building
materials, junk automotive vehicles, or secondhand automotive vehicle
parts.
2.2.15 IA .3.
19 -t-8. Printing, publishing, and allied industries (groups 2711, 2721).
204-9.
Transportation services (groups 4724--44_729).
Conditional uses for C-5. The following uses are permissible as conditional uses in
the heavy commercial district (C-5), subject to the standards and procedures
established in division 2.7.4.
0 : MAY 2 9 2002
Agricultural services (groups 0741--0742, 0752, with outdoor kenneling).
Amusernent and recreation services, outdoor (groups 7948, 7992, 7996, 7999).
Bottle clubs. (All establishments engaged in the retail sale of alcoholic
beverages for on-premise consumption are subject to the locational
requirements of section 2.6.10.)
4. Child day care services (8351), provided:
Ali 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.
(1) For purposes of this subsection, the following definitions shall
apply:
(a)
Hazardous materials: A material that has any of the following
properties; ignitable, corrosive, reactive and/or toxic.
(b) Toxic substances: a substance which is, or is suspected to be,
carcinogenic, mutagenic, teratogenic, or toxic to human beings.
bo
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.
It shall not be located on the same street customarily utilized by
construction truck traffic from asphalt plants and excavation quarries.
d. It shall have a minimum lot area of 20,000 square feet and a minimum lot
width of 100 feet.
It shall provide a minimum usable open space of not less than 30 percent
of the total square footage of the lot area.
It shall provide that all open spaces to be used by children will be
bounded by a fence of not less than five feet in height, to be constructed
of wood, masonry or other approved material.
g. It shall provide a landscape buffer in accordance with division 2.4.
ho
It shall comply with the State of Florida Department of Health and
Rehabilitative Services Child Day Care Standards, Florida Administrative
Code, chapter 10M-12, effective March 11, 1986.
MAY 2 g 2002
P~.
o
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
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 subparagraphs a through h above, with the exceptions of
[subparagraphs] d and e, 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.
Communications (groups 4812--4841) with communications towers that
exceed specified height, subject to section 2.6.35.
Farm product raw materials (groups 5153--5159).
Fuel dealers (groups 5983--5989).
Homeless shelters, as defined by this Code.
Hotels and motels (groups 7011, 7021, 7041 when located outside an activity
center.)
Justice, public order and safety (groups 9223--92--24 )
Kiosks.
Local and suburban passenger transportation (groups 4131--4173).
Motion picture theaters (7833, drive-ins).
Permitted uses with less than 700 square feet of gross floor area in the principal
structure.
Soup kitchens, as defined by this Code.
Transfer stations (4212, local refuse collection and transportation only).
Any other heavy commercial 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
Adjustment and Appeals.
AGENDA
MAY 2 9 2002
2 215 ½' 10-SpeCiai,R~lat/°~for C25i'zon~d~P°Pert~eSJad[acent to Residentially
2..2~i 5~ :~:~ 1 o~i.~:~e: p~fi~g:~6~: ~*~hfSt6~a~:bfi [fl00t ~e~dleS;:6r] ve~cles usedin
c0njUn~tion'~ihacom~iaI~. ~in*d~s~df~ ~0ndd lfind~)shali~'6eeue~thina · ~'~
ea~Pl0~elv enaifs~db~ildifi~:finJ~Sh~i~i6fi~i :~So~'~ap~p~6~aii~g~ted fo~'omd60~
storag~ of ve~cleS~ :Nonc0fifom~'gSituatioh~: ihat %ere o~e~iSe' l a~i Prior to ~e
20{32
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Michele R. Mosca, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:64.2
LDC SECTION: 2.2.16.2.2.
CHANGE: To add crematories as a permitted use in the district. To modify the "uses
accessory to permitted uses" section of the Industrial zoning district, to prohibit the retail
sales and/or display of automotive vehicles. To change the regulations which allow as
permitted uses, other uses which are comparable to uses permitted by fight in the district
as determined by the Planning Services Director, to require that determination be made by
the Board of Zoning Adjustment and Appeals, through the Conditional Use process.
REASON: Due to the real and perceived characteristics of crematories, this use is most
appropriate in the Industrial (and C-5) zoning district. The accessory provision for retail
sales and/or display areas, as pertains to the Industrial zoning district, was not intended to
include automotive vehicles sales and/or display. Such uses are more appropriately
located in the higher intensity commercial zoning districts. The existing language allows
the Planning Services Director to add industrial land uses to this district; such use
additions should be limited to the purview of the Board.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts.
RELATED CODES OR REGULATIONS: There are no related codes or regulations
affected by this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no growth management plan
impacts.
Amend the LDC as follo~vs:
Sec. 2.2.16. Industrial district (I).
2.2.16.2.1. Perm itted uses.
10. Crematories (7261)
(Renumber remaining list of uses)
MAY 2 9 2002
2.2.16.2.2.
Uses accessory to permitted 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 2.6.16.
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.
Recreational vehicle campground and ancillary support facilities when in
conjunction with temporary special event activities such as air shows and
the like.
(Listing continues)
47.
2.2.16.3.
Conditional uses. The following uses are permitted as conditional uses in
the industrial district (I), subject to the standards and procedures established
in division 2.7.4:
(Items 1-22, no change)
23.
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 Adiustment and Appeals.
2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2:71
LDC SECTION: 2.2.20.2.1.
CHANGE: To require applicants to specifically identify those proposed modifications to the
Land Development Code requirements in the application for a Planned Unit Development (PUD)
and in the PUD document.
REASON: To clearly identify those modifications to the regulations and development standards
contained in the LDC to allow such modifications to be clearly identified in the PUD document
to both the Board of County Commissioners and the public during the public hearing process.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: This amendment will have no impact on the
Growth Management Plan.
Amend the LDC as follows:
Sec. 2.2.20.2.1. Relation of planned unit development regulations to the growth management
plan, zoning, subdivision, or other applicable regulations. All application for PUDs shall be in
full compliance with the future land uses element and the goals, objectives, and policies of all
elements of the growth management plan. All development regulations, including overlay
districts or special development standards for specific land use types, or the like, and
supplemental regulations and other applicable provisions of all county ordinances such as, but
not limited to, all provisions of the Collier County land development code, as may be amended,
shall apply unless specifically modified by the approved PUD document and PUD master plan.
Where the application for a PUD proposes to modify_ any of the regulations set forth in the Land
Development Code, the application, the PUD document and the PUD Master Plan shall
specifically identify the LDC Section number, the specific regulation and the proposed
modification to such regulation, in a standard format established by the Planning Services
Director.
gAY 2 9 2002
Ps.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion
DEPARTMENT:
LDC PAGE(S):
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Planning Services
LDC2:85
2.2.21.5.1.
Delete reference to reduced r.o.w, buffer width of 10' within the
Goodlette-Frank Road corridor management overlay district.
To be consistent with the width required by minimum landscape
code: 15'.
None.
LDC Section 2.4.7.4.
None.
Amend the LDC as follows:
2.2.21.5.1. Goodlette-Fran k Road.
Tree plantings shall consist of canopy trees with a minimum canopy spread of
five feet and height often feet at the time of planting. Trees must be
placed every 30 feet in landscaped areas.
2.=. Palm trees may not be substituted for canopy trees.
Landscape designs shall incorporate the use of xeriscape plant materials species
as listed in the Xeriscape Plant Guide published by the South Florida
Water Management District.
2002
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Stephen Lenberger, Environmental Specialist
DEPARTMENT: Planning Services Department
LDC PAGE: LDC2:99 - LDC2:100
LDC SECTION: 2.2.24.8
CHANGE: The proposed amendment will allow the development services director to
administratively approve Special Treatment (ST) permits for sites which have been previously
cleared, for expansion of existing communication towers, or where Conditional Use approvals
have already been granted by the board of zoning appeals. Correction to language in 2.2.24.8.2
LDC. Increase site alteration for single-family principal structures, administratively approved.
REASON: Staff is presently required to present most Special Treatment (ST) permits to the
Environmental Advisory Council (EAC), Collier County Planning Commission (CCPC) and
Board of County Commissioners (BCC) for recommendations and approval. This applies to sites,
if they are impacted or are in a natural state. It also applies to sites where Conditional Use
approvals have been previously granted by the board of zoning appeals.
The proposed change will save time in preparing ST permits where site plans have already been
approved through the Conditional Use process. Time will also be saved by allowing the
development services director to administratively approve ST permits on smaller parcels of land
with limited amount of site alteration. Site alteration would be limited to fifteen percent for
single-family residences and up to five acres for the expansion of existing communication
towers. Site alteration up to five acres would also be allowed on previously cleared land.
FISCAL & OPERATIONAL IMPACTS: The proposed change will reduce staff workload in
preparing ST permits for these type projects.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.2.24.8
Exceptions from public hearing requirements.
The development services director may administratively approve a site alteration plan or
site development plan for land designated ST without the public hearin~ otherwise
required by this section iff
AC~y~ frEM
MAY 2 9 2002
xxn,~ ,~,,~ ,, .... e,v .~;~+;~, The area of the proposed alteration or
development area contains is g0 five (5) acres or less, -~d there are no transfer of
d 1 right i 1 d th a .... ~ ..... +~,,~. .... :~ ,~;~ .............. a
eve opment s ar+ nvo ve, e ...... v ........................J -er ....
...... v .................................... a ........ a t~ and the follow ng
conditions, where applicable, exist:
The proposed site alteration or site development will occur on land that
was lawfully cleared and no more than ten percent of the cleared lands
have re-grown with native vegetation, v .............. ~t ....... .,
top6~aphy, drainage,
Where the proposed alteration or development involves a single-fmily
principal structure or the renovation or replacement of a single-hmily
structure and~the proposed site alteration or site development plan
will not require any si~ificant modification of topo~aphy, drainage,
ora, or unaon es e, or
.... v ............. a .... o ......... ~ .......... cant modfficat~on_
shall mean modification ~eater than ~ fi~een percent of the site.
No p611ut~ts will be disch~ged from the area that will decade the air,
water or soil below the levels existing at the time of application.
Water management be~s and structures proposed for the protection
an~or e~ancement of the ST area~ will meet the minimum
dimensions pe~itted ~by the South Florida Water Management
Dis~ct.
Temporal_ site alteration for oil and gas geophysical surveys and testing.
"Temporary site" alteration shall mean only those alterations involving hand
cutting of vegetation for surveys and equipment entry, d~!! shot holes not
exceeding six inches in diameter and rotting associated with vehicle access.
Trimming of vegetation for access routes shall be kept to the minimum width
necessary for surveying and testing. The site shall be restored as required by
federal, state and county permits within 90- days of the start of the project.
Where a Conditional Use has been approved, along with an environmental impact
statement (EIS) or an exemption from the requirement for an EIS has been ~anted
pursuant to section 3.8.9.
Site alteration or site development around existing communication towers to
expand or construct accessory structures associated with an already existing
tower, not to exceed five acres.
All other site alteration or site development plan approvals of any size shall be as-required
to comply with the provisions in section 2.2.24.4, 2.2.24.5, and 2.2.24.6, as applicable
2 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Marlene Foord
DEPARTMENT: Planning Services
LDC PAGE: LDC2:114.3
LDC SECTION: 2.2.28
CHANGE: To amend section 2.2.28 to permit murals depicting the history, culture and natural
environment of Immokalee on walls within the Immokalee Overlay Districts.
REASON: Immokalee has embarked on a community-based effort to clean up the physical
environment through a variety of programs including Immokalee Clean Up 2000, the Immokalee
Alliance, the US Department of Justice Weed & Seed program, several local law enforcement
programs and most recently, the Immokalee Mural Society, which is part of the Immokalee
Chamber of Commerce. Maintaining and encouraging aesthetic improvements is important to
the community and, in the case of murals, will be supported by the creation of a Mural Review
Committee appointed from residents and professionals of the Immokalee community.
FISCAL&OPERATIONAL IMPACTS: Applications for approval of murals on new
structures will be incorporated within the site development plan process and all applicable fees
will apply. It is recommended that applications for murals on existing structures, through the site
improvement plan or insubstantial change process, be exempt from applicable application fees.
The majority of applications are likely to be submitted by non-profits or other community
organizations that have community-wide cleanup and enhancement goals, and very limited
resources.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.2.28. Immokalee Overlay Districts
2.2.28.1. Purpose and intent: To create the Immokalee Overlay District with distinct subdistricts
for the purpose of establishing development criteria suitable for the unique land use
needs of the Immokalee Community.
9 2002
2.2.28.2.1 Murals. Murals in the Immokalee Overlay District and its Sub-districts are intended to
support and promote community-based cleanup and other architectural and aesthetic
improvement efforts in the Immokalee Community under the provisions as set forth below:
For the purposes of Sec...2.28.~ murals are defined as paintings or other artistic
depictions directly affixed to, and that do not project more than four (4) inches
from a building wall.
Applications for approval of murals shall be submitted to the Community
Development and Environmental Services Division. A scale rendering of the
mural in full color, as it will appear on the building, shall accompany applications.
Prior to final action on the application, the Division will obtain a recommendation
by the Mural Review Committee.
The Board of County Commissioners will appoint a Mural Review Committee for
purposes of reviewing and making recommendations regarding the proposed
murals. The committee will, as a first order of business, create the review criteria
for reviewing mural applications.
All applications for approval of murals must receive approval of the Mural
Review Committee.
ao
Murals affixed to existing structures require submittal of a site improvement
plan application or an insubstantial change to site development plan
application. Such applications _for this purpose only are exempt from the
applicable application fees.
Murals affixed to new structures require application for approval of mural as
part of a site development plan application. Murals that are part of a site
development plan application are not exempt from application fees.
Notwithstanding the definition of "signs" elsewhere in this Code, murals
depicting the history, culture, or natural environment of the Immokalee
Community that do not have any commercial message or advertisement are not
"signs," and therefore, the creation, display, or maintenance of such murals does
not require a "sign" permit, but do, however, require recommendation of the
Mural Review Committee.
AGFr_NOA ITEM
2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2.114.48
LDC SECTION(S): 2.2.28.5.3.
CHANGES: To amend section 2.2.28.5.3. to allow gasoline (diesel) fuel buying in bulk
and selling to farmers as defined by Standard Industrial Classification 5172.
REASONS: To allow gasoline fuel buying in bulk and selling to farmers, as requested by
applicant, for the Farm Market Overlay Subdistrict.
FISCAL & OPERATIONAL IMPACT: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
See. 2.2.28.5.3. Permitted Uses: All permitted uses within the underlying zoning
districts, and the following uses, as identified in the Standard Industrial Classification
Manual (1987), are permitted as a right in this sub-district.
1. Agricultural Services (0723)
2. Wholesale Trade (5148)
3. Agricultural Outdoor Sales
4. Petroleum and Petroleum Products Wholesalers, Except Bulk Stations and
Terminals (5172 - Gasoline: buying in bulk and selling to farmers - wholesale onl¥)~
ORIGIN: Collier County Attorney's Office
AUTHOR:
Marjorie M. Student, Assistant County Attorney
DEPARTMENT: Collier County Attorney's Office
LDC PAGE(S): 2:123 and 2:124.2
LDC SECTION: 2.2.30.1 and 2.2.31.1
CHANGE: To extend the duration of the moratorium required by the Final
Order of the Administration Commission in Case No. 99-02 (DOAH Case No. 98-
0324GM) until the comprehensive plan amendments required by that Order become
legally effective.
REASON: An extension of time in which to perform parts of the study
necessary for the formulation of the required amendments to the GMP was granted by
Order of the Administration Commission upon joint motion of all parties to the matter
since additional time is required to complete the study.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: These amendments further
implement the Final Order as amended.
Amend the LDC as follows:
Sec. 2.2.30. Declaration of partial moratorium for rural and agricultural area
assessment.
2.2.30.1
xT~ no n'~',,r-_$~x ^, ~ .... ~"~ ,-,,92. eCertain land uses as set forth in
subsection 2.2.30.3 of the Code are prohibited until such time as the
comprehensive plan amendments to implement the Final Order of the
Administration Commission in Case No. 99-02 (DOAH Case No. 98-
0324GM) become legally effective pursuant to subsection 163.3189(2),
Florida Statutes.
MAY 2 9 2002
Sec. 2.2.31.
2.2.31.1.
Declaration of partial moratorium for natural resource protection
areas. (NRPAs).
2 2 31 1 Dt r: .....~,.,~ -,.,~-, ...... ,~ ,r,,~ c-..,.,~
trat:on - ,.. ~, ...................... yearg
th'> /'l~t~ A 1-1 t~,',~o ~T^ OQ ~'IOAt-~-~A-~ ^.- jI. IB~, o~ ~thno . Only certain land
uses as specified in subsection 2.2.31.3 of the Code shall be permitted in
the natural resource protection areas (NRPAs) until such time as the
comprehensive plan amendments to implement the final order of the
Administration Commission in Case No. 99-02 (DOAH Case No. 98-
0324GM) become legally effective pursuant to subsection 163.3189(2),
Flor/da Statutes.
MA'( 2 9 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP, Interim Planning Services Department Director
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:124.33
LDC SECTION: 2.3.5
CHANGE: To amend the current subsection, which was introduced and adopted in the
2nd, LDC amendment cycle of 2001 regarding the parking division 2.3 at reserved
subsection 2.3.5 for the purposes of regulating the amount of space and locations, which
can be used for automobile parking in residential areas. This amendment removes the
application of this section to apartments as defined by the LDC.
REASON: The revisions are primarily to make the regulation more easily understood. It
does not substantively change what was originally adopted in the 2"d cycle of 2001.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.3.5. Vehicle A.atamabi!e parking in conjunction with residential structures.
All vehicle automobile parking or storage of vehicles automoly~-in connection with
residential structures which are located on property which is designated as Mixed Use
Urban Residential on the Future Land Use Map and which are zoned or used for
residential uses, shall occur on specifically designed surfaces in a specifically designated
area of the lot upon which the residential structure is located. The parking and/or storage
of automobiles in connection with the residential dwelling units they are ancillary and
accessory to shall_be regulated as follows:
Si gl fa ilyd Iii g it U ! ,,,,,
n e m we n un s ness,~,,,,~.,,,o.~
2 9 2002
The lbllowing requirements shall apply to those vehicles parked or stored outside
of an enclosed structure:
a. Vehicles shall be located in a specifically designated area of the lot which
shall be treated with a stabilized surface made of concrete crushed stone.
asphalt, or pavers.
b. The specifically designated area shall not exceed forty percent of the
required front var&
c. All vehicles located within the front yard shall only be parked or stored on
the specifically designated pervious or impervious surface area.
do
If the application of these regulations result in the maximum allowable
w'idth of the treated surface area to be less than 20 feet. then
nothwithstanding the above requirements, the driveway max, be
constructed at a maximum width of 20 feet.
e. Access to anv lot shall only be made from a driveway having an approved
right-of-way permit. No access is allowed through or across another lot.
whether the lot is improved or unimproved.
Two family dwelling units U-'%: ~'~' .... : .....1.~,-1 ~. ~*~.~1 ; ...... l~o~,-I
The following requirements shall apply to those vehicles parked or stored
outside of an enclosed structure:
a. Vehicles shall be located in a specifically designated area of the lot which
shall be treated with a stabilized surface made of concrete, crushed
stone, asphalt, or pavers.
b. The specifically designated area shall not exceed fifty percent of the
required front yard.
c. All automobiles located within the front yard shall only be parked or
stored on the specifically designated pervious or impervious ;urface area.
4-7
MAT 2 9 2002
d. A driveway may be provided on each side of the two family structure.
If the application of these regulations result in the maximum allowable
width of the treated surface area to be less than 20 feet, then
notwithstanding the above requirements, the driveway may be
constructed at a maximum width of 20 feet, and a driveway may be
provided on each side of the two family structure.
f__.
Access to any lot shall only be made from a driveway having an
approved right-of-way permit. No access is allowed through or across
another lot. whether the lot is improved or unimproved.
o
Multiple family (i.e. 3 or more dwelling units except for garden, apartments as
th
areas .............
The following requirements shall apply to those vehicles parked or stored outside
of an enclosed structure:
a°
Vehicles shall be parked in a specifically designated area of the lot which
shall be treated with a stabilized surface made of concrete, crushed
stone, asphalt, or pavers.
b. The surface areas designated for the parkin~ of automobiles shall not
exceed an area greater than 405 square feet for each dwelline, unit.
All vehicles located within the front yard shall only be parked or stored on
the specifically designated pervious or impervious surface areas.
Access to any lot shall only be made fi'om a driveway having an
approved right-of-way permit. No access is allowed through or
across another lot. whether the lot is improved or unimproved.
2 9 2002
Where multiple family structures consist of single family attached (i.e. row
houses) dwelling units each with its own driveway to a common accessway, or
public or private street, and all parking shall be limited to the driveway and or
garage combination.
Vehicles Automobiles parked and/or stored in connection with residential
dwelling units as_described above shall be owned (or leased) by occupants of the
dwelling units unless the vehicle is owned by a firm, corporation or entity for
which the dwelling unit occupant is employed. This provision shall not be
construed to apply to vehicles owned by persons or business firms visiting the site
for social or business purposes.
No other portion of the front yard may be used to park or store vehicles
~ including that portion of the right-of-way not directly a part of the
designated driveway or designated parking areas.
2.3.5.1. Non-conforming situations. Nonconforming situations that were otherwise lawful
prior to the effective date of this section of the ordinance shall comply with this
ordinance or any subsequent amendment to this ordinance within 90 days of its effective
date.
MAY 2 9 2002
p .52'
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE(S):
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Community Developmem & Environmental Services Division
Nancy L. Siemion
Planning Services
LDC 2:145
2.4.4.11.8.
Correct spelling ofFicus "microcarpa" and include other plant
names it is known by.
For clarification.
None.
None.
None.
Amend the LDC as follows:
2.4.4.11. Prohibited species. The following plant species shall not be planted:
2.4.4.11.1. Enterolobium cyclocarpum (ear tree).
2.4.4.11.2. Melia azedarach (Chinaberry tree).
2.4.4.11.3. Bischofia javanica (bishopwood).
2.4.4.11.4. Scaevola frutescens (Australian inkberry).
2.4.4.11.5. Dalbergia sissoo (Indian rosewood).
2.4.4.11.6. Sapium sebiferum (Chinese tallow tree).
2.4.4.11.7. Ardisia elliptica (shoe button ardisia).
2.4.4.11.8. Ficus m'.'crocarpac microcarpa / Ficus nitida (laurel fig/Cuban laurel).
This list shall be subject to revision as exotic plant species arc determined to be noxious,
invasive, cause environmental degradation to native habitats, or to be detrimenta to t~c_,~/~o_,,~xr~
human health, safety, or the public welfare. ~....:__.~l ~
MAY 2 9 2002
ORIGIN: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
AUTHORS: Stan Chrzanowski, P.E. (Regarding wells)
Susan Murray (Regarding parks and libraries)
DEPARTMENT: Engineering Review Services
LDC PAGE (S): LDC2:184.13 & 2:184.14
LDC SECTION: 2.6.9.1, 2.6.9.2
CHANGE: To exempt essential service wells, extraction facilities, and requisite
ancillary facilities that are permitted by any Florida agency from Collier County
Conditional Use approval. Although LDC Section 2.6.9.1 now purports to specify that
Collier County has "conditional use" approval authority over wells that are within
Chapter 373, Florida Statutes, permitting jurisdiction of a State of Florida agency, the
County is not empowered to require "conditional use" approval authority over any State
agency permitted wells except (1) the County's own wells or (2) small, private-use wells
that are exempt from the State's permitting authority. These exempt, small private wells
are limited to: "A well that is 2 inches or under in diameter on the person's own or leased
property, intended for use only in a single-family house which is his or her residence, or
intended for use only for farming purposes on the person's farm, and when the waters to
be produced are not intended for use by the public or any residence other than his or her
own." The current LDC already provides that those private wells are "permitted uses."
One primary purpose of these proposed amendments is to delete this purported authority
to superimpose Collier County "conditional use" approval on top of the State's well
permitting jurisdiction. Another primary purpose of these proposed amendments is to
retroactively "grandfather" all of the County's currently existing State permitted wells
that were required by LDC subsection 2.6.9.1 to obtain such approval from the County.
To allow neighborhood parks as permitted uses in residential, estates, and agricultural
zoned districts.
REASON: Essential services wells (including water supply, monitoring, test, aquifer
storage and recovery, and deep injection wells), extraction facilities, and requisite
required ancillary facilities (including, but not limited to, security, electrical, control and
monitoring, backflow prevention, metering devices, and air relief valves), by these
proposed amendments, are being classified as "permitted uses" in every zoning district
because as a matter of Florida Statutes, all such wells (except the specified wholly private
use small wells) are required by Chapter 373, Florida Statutes, to obtain permits from the
South Florida Water Management District and/or the Florida Department of
Environmental Protection, or as otherwise required by law. Prerequisite to issuing the
respective permits, these State agencies' rules require extensive technical re, icw az '::M4..
as notice to the public, and to afford opportunities for any interested i~ divi~~t~
-- MAY 2 9 2002
comment to the State agency on each such applied-for permit. In other instances, the
State agency must hold at least one (1) public hearing before issuing the applied-for
permit.
In addition, if the County is the permit applicant to the State permitting agency, the
proposed amendments provide that County Staff should provide written notice to owners
of land within 300 feet of the proposed well facility site of the State agency pending
permitting process and post at least one "notice" sign on the County's proposed well
site(s). This it to assist persons who desire to do so to have comment input into the State
agency's well facilities permitting processes.
Neighborhood parks are designed and located in areas to serve the immediate residential
neighborhood. Most use of neighborhood parks does not generate vehicular traffic.
Neighborhood parks typically function as public open space areas and neighborhood
parks do not cause negative impacts to adjacent or nearby property.
FISCAL AND OPERATIONAL IMPACTS: The proposed amendments are to
eliminate any necessity that the County apply for any after-the-fact conditional use
approval for the County's existing wells (that did not acquire conditional use approval
from the County). The proposed amendments are also to eliminate substantial estimated
future costs (and time delays) that will be incurred if the County is required to acquire
"conditional use" approval from its well facilities after having gone through the State
agency's extensive permitting processes. On the other hand, other proposed amendments
impose upon the County its actual costs of attempting to provide written notice to the
specified property owners in the instances where Collier County is the applicant to the
State agency for the applied-for well permit(s). These added costs are projected not to be
significant.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT IMPACT: The expansion of Public Water Supply
Facilities is necessary to maintain Concurrency. Staff believes, in view of State of
Florida agency permitting procedures, that it is not necessary for the County to obtain
from the County after-the-fact "conditional use" approval for any of its already State
agency permitted wells, and also to eliminate the County's now existing self-imposed
"conditional use" approval for all such future Collier County State permitted well
facilities.
Amend the LDC as follows:
2.6.9. Essential Services.
2.6.9.1 .Permitted uses. The following uses are allowed as.,,,~,"~'"1~, ~'~-,,,. ,~,,,.,,,,,~a .... ,~
MAY 2 9 2002
- p~.
a) any in every_ zoning district: water lines, sewer lines, gas lines, telephone lines,
telephone switching stations, cable television, electrical transmission and
distribution lines, substations, emergency power structures, sewage hff s~ptions,
water pumping stations; essential service wells 0nclu&ng extraction facilitio:,, and
requisite ancillary facilities,) and/o~ any other wells which have been o~ will be
permitted by the South Florida Water Management District and/or the Florida
Department of Environmental Protection either prior to or subsequent to the
{must state the actual date the Ord. becomes effective} effective date of this
Ordinance, or if the respective well and/or well related facility is otherwise
required to be installed or constructed by law. If my proposed well is a Collier
County owned well under the permitting jurisdiction of a Florida agency, Staff.
early in the County's well permit application process, must should post sign(s) at
the County's proposed well site(s) and must s~oa!d provide written notice {that
the Cotmty has applied fbr a required ~ xvell permit) to property owners of !and
within 300 feet of the property lines of the lots or parcels of land on which the
applied-tbr well is being sought by the County, including, if applicable, the times
and places of the permitting agency's scheduled public hearings;
~ in eve~, zoning district: individual private wells and septic t~s, and similar
installations necessa~ for the perfo~ance of these services in every zzning
~ in commercial and industrial zoned districts: other Ggove~ental hcilities,
deft d by this Cod
as ne e,
~ to the extent the hcility and/or se~ice is required by law, rule or
regulation;
~ in the agricultural and estate zoned districts the R)l]o~ving governmental
facilities: no~esidential not-for-profit childcare, no~esidentia] education
facilities, libraries, museums, neighborhood p~kh and recreational se~ice
facilities~
e) in residential zoned districts: Also neighborhood p~ks in residential zoned
2.6.9.2. Conditional uses. The following uses shall be deeraed require approval
pursuant to section 2.7.5. as conditional uses:
~ in ~eveu zoning district: _electric or gas generating plants, effluent ta~s,
major re-pump stations, sewage treatment plants including percolation ponds,
hospitals, hospices, water aeration or treatment plants, gove~ental facilities;
~ in residential, agricultural and estate zoned districts, except as
specified by section 2.6.9.1.:, ""~; ....., ....... ~,, · · · ·
~ p ............. py,~ aCqUlSltlO~, '"It
MAY 2 9 2002
~v,..~.,:^- c~:~:,;~o regional parks, community parks, safety service facilities,
and other similar facilities;_:
li~-o-:~o in residential zoned[n~ districts: branch libraries, v~.: ..... ~ .... ~ .... ~
MAY 2 9 2002
,,,. 5'"1
ORIGIN:
AUTHC'R:
DEPARTMENT:
LDC PAGE(S):
LDC SECTION:
Community Development & Environmental Services Division
Nancy L. Siemion
Planning Services
LDC 2:226.12
2.6.35.7. (6)
CHANGE: Require the same minimum landscaping for Communication Towers
located along Alligator Alley the same as other communication towers.
REASON: Consistency.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
None.
LDC Section 2.4.6.4.
None.
Amend the LDC as follows:
2.6.35.7. Alligator Alley communication towers.
(6)
v ............. v .......... ~ v .......... Shall be as required__ LDC
Section 2.4.6.4. Communication towers.
MAY 2 9 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2.232
LDC SECTION: 2.7.2.3.4
CHANGE: To amend section 2.7.2.3.4 to require the Collier County Planning
Commission to meet once for amendments to the Land Development Code as opposed to
twice.
REASON: Statutorily there is no requirement for the CCPC to have two evening
meetings for the purpose of reviewing and advising the Board of County Commissioners
relative to LDC amendments. The current regulations go beyond statutory requirements
which pose an administrative burden on the staff and inhibits achieving the time lines
normally established for LDC amendment cycles.
FISCAL & OPERATIONAL IMPACTS: None
REATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.7.2.3.4 Notice and public hearit~g requirements where proposed amendment
initiated by the board of county commissioners would change the zoning map designation
of a parcel or parcels ~ involves ten contiguous acres or more of land in the county
or would change the actual list of permitted, conditional, or prohibited uses of land
within a zoning category. Ordinances or resolutions ha-eases initiated by the board of
county commissioners-i~ which hhe proposed to change to the zoning map designation of
a parcel or parcels of land ~ involving ten acres or more of land, or which
changes the actual list of permitted, conditional or prohibited uses of land within a zoning
category~,,,,,~ ~,,,,, :~:,o,,,~ .... ~,,~,~'~ must be enacted or amended pursuant to the following
minimum public notice and hearing requirements: by the pla:-m;mg comm:~:s:~on and the
1. The planning commission must hold at least one advertised public hearing unless
the board of county commissioners directs such ordinance or resolution to be heard at
two public hearings before the planning commission. If there is only one hearing
required before the planning commission, that hearing must be held after 5:00 p.m. on
a weekday, and if there are two hearings required before the planning commission,
then at least one of the required hearings must be held after 5:00 p.m. on a weekday,
and in which case the first hearing must be held approximately seven days after the
day that the first advertisement is published. The second hearing will be held
approximately two weeks after the first hearing and must be advertised approximately
five days prior to the public hearing. The day, time and place of a second public
hearing must be announced at the first public hearing.
ITEM
MAY 2 ~ 2002
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, AICP
DEPARTMENT: Planning Services
LDC PAGE: LDC2.243
LDC SECTION: 2.7.3.4
CHANGE: To amend section 2.7.3.4 to eliminate the extension option for those PUD's
subject to the 5 year time frame for sunsetting purposes and to add the option that the
Board may direct staff to initiate the rezoning process.
REASON: As directed by the BCC. The BCC is of the opinion that PUD's that have
failed to commence development per the sunsetting criteria established in the LDC
should be subject to amendment or the Board should have the right to initiate rezoning
action. The Board is of the opinion that substantial changes to the LDC and GMP have
left these older PUD's with greater potential for inconsistency with amended regulations
and therefore they should not be permitted to be extended.
FISCAL & OPERATIONAL IMPACTS: None
REATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 2.7.3.4
For those PUD's subject to the three year sunset provisions, gshould the development
services director determine that the development has not commenced in earnest, then
upon review and consideration of the report provided by the owner and any supplemental
information that may be provided, the board of county commissioners shall elect one of
the following:
1. To extend the current PUD approval for a maximum period of two years; at the
end of which time, the owner will again submit to the procedure as defined herein.
I~AY 2 9 2002
Require the owner to submit an amended PUD in which the unimproved portions
of the original PUD shall be consistent with the growth management plan. The
existing PUD shall remain in effect until subsequent action by the board on the
submitted amendment of the PUD.
o
If the owner fails to submit an amended PUD within six months of board action to
require such an amended submittal, then the board may initiate proceedings to
rezone the unimproved portions of the original PUD to an appropriate zoning
classification consistent with the future land use element of the growth
management plan.
For those PUD's subject to the five year sunset provisions, should the development
services director determine that the development has not commenced in earnest, then
upon review and consideration of the report provided by the owner and any supplemental
information that may be provided, the board of county commissioners shall elect one of
the following:
1. Require the owner to submit an amended PUD in which the unimproved
portions of the original PUD shall be consistent with the growth management
plan. The existing PUD shall remain in effect until subsequent action by the
board of the submitted amendment of the PUD. If the owner fails to submit an
amended PUD within six months of board action to require such an amended
submittal, then the board may initiate proceedings to rezone the unimproved
portions of the original PUD to an appropriate zoning classification consistent
with the growth management plan.
Direct staff to initiate proceedings to rezone the unimproved portions of the
original PUD to an appropriate zoning classification consistent with the
growth management plan.
AC, ENOA
Pi[..-----.-------
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Carolina Valera, Senior Planner
DEPARTMENT: Planning Services
LDC PAGE(S): LDC2:273
LDC SECTION: 2.8.3.4.1. and 2.8.3.4.2.
CHANGE: To clarify the intention and standards for pedestrian walkways and to require
the same minimum landscape buffer width in Division 2.8 as specified in Division 2.4
when sidewalks are incorporated into landscape buffers.
REASON: Clarification and consistency.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 2.4.7.3.(4)
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.8.3.4. Pedestrian walkways.
2.8.3.4.1. Purpose and intent. To provide safe opportunities for alternative modes of
transportation by connecting with existing and future pedestrian and bicycle pathways
within the county and to provide safe passage from the public right-of-way to the
eommeveiat building or project, which includes the area between and including the
parking areas and the building perimeter, and between alternative modes of
transportation.
2.8.3.4.2. Pedestrian access standards. Pedestrian ways, linkages and paths shall be
provided from the building entry(s) to surrounding streets, external sidewalks, outparcels
and parking areas. Pedestrian ways shall be designed to provide access between parking
areas and the building entrance(s) in a coordinated and safe manner through the
incorporation of walkways, sidewalks and crosswalks. Pedestrian ways may be
incorporated within a required landscape perimeter buffer, provided said buffer is not
~ ,~ ,~. c~,; .... :.~,;. .......... pti
.................................... ~,,, consistent with the exce ons outlined in section
2.4.7.3.(4) of this code. Shared pedestrian walkways are encouraged between adjacent
commercial projects.
2002
_
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE(S):
LDC SECTION:
CHANGE:
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Community Development & Environmental Services Division
Nancy L. Siemion
Planning Services
3:32.1
3.2.8.3.4. Buffer areas.
Restore requirement that landscape buffers be platted as separate
tracts or easements on plats.
To reinstate prior LDC provision recognizing that dedication of
landscape buffer easements establishes an ownership interest in the same
entity that will have responsibility for the maintenance of the required
buffer areas so that the entity is able to lawfully access the buffer areas
and perform all required maintenance.
None.
Division 2.4.
None.
Amend the LDC as follows:
3.2.8.3.4. Buffer areas. Subdivisions or developments shall be buffered for the protection
of property owners from surrounding land uses as required pursuant to division 2.4.
Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses.
Buffers shall be installed during construction as follows and in accordance with division
2.4:
(a)
To separate residential developments from commercial, community use, industrial
and public use developments and adjacent expressways, arterials and railroad
rights-of-way, except where such expressway, arterial, or railroad right-of-way
abuts a golf course.
(b)
To separate commercial, community use, industrial and public use developments
from residential developments.
(c)
To separate subdivisions of residential property that do not result in tl'
MAY 2 $ 2002
of a site development plan pursuant to the provisions of division 3.3 from other
residential properties.
Separation shall be created with a landscape buffer strip which is designed and
constructed in compliance with the provisions of division 2.4. Such buffer strip(s)
shall be shown and designated on the final plat as a tract or easement and shall not
be located within any public or private right of way. The ability to locate
buffer(s) within a platted or recorded easement shall be determined pursuant to
the provisions of Division 2.4. Buffers adjacent to protected/preserve areas shall
conform to the requirements established by the agency requiring such buffer.
~GENDA ~TEM
M 2 9 2002
ORIGIN: Fire Code Official Office / Engineering Review Department
AUTHOR: Ed Riley, Fire Official, John Houldsworth, Engineer
DEPARTMENT: Engineering Review
LDC PAGE: LDC3:46
LDC SECTION: 3.2.8.4.8 Fire hydrants
CHANGE: Revise spacing requirements
REASON: Consistency with NFPA regulations
FISCAL & OPERATIONAL IMPACTS: The revised spacing requirements will result is
more fire hydrants, which will be maintained by the Fire District. The revised spacing may result
in lower insurance premiums for some County residents.
RELATED CODES OR REGULATIONS: NFPA 1141 "Standard for Fire Protection in
Planned Building Groups"
GROWTH MANAGEMENT PLAN IMPACT: Them is no growth management impact
Amend the LDC as follo~vs:
3.2.8.4.8 Fire hydrants. (no change to existing introductory text)
Residential land development. In one and two-family land developments with not more
than ten dwelling units per acre, fire hydrants shall be spaced not greater than 500 390
feet apart and not more than 250 150 feet from the center of any lot in the subdivision and
shall be connected to mains no less than six inches in diameter. The system shall provide
capacity for fire flows of at least 500 gallons per minute or greater, ~ ...... :.....~ t..~ ,~.^ ~:_^
S::~rzzz]c.n~,~.~.~-~~'~'~'~'"~ ~c +~^...~ ~..~.~~ ......... ~.~-':~..~o Offi:.c, in addition to maximum day
domestic requirements at residential pressures of not less than 20 pounds per square inch
unless otherwise required by the applicable fire code.
Commercial, industrial ,single family with structures in excess of 5000 square feet,
and multifamily developments. Fire hydrants located in these areas shall be connected to
water mains no less than eight inches in diameter. In no case shall the spacing of
hydrants be greater than ~ 300 feet apart and nzt m.zrz than 250 fz:.t frc. m
any lot in t.'-:, z'a~i':izizn. Additional on site fire hydrants are required when portions of
structures are more than 150 feet from the street. These hydrants shall b: loca~ea~
determined by the Fire Code Official. Hydrant spacing and size shall be caF~le of
I A¥ 2 9
2002
providing water flows adequate to meet the requirements of the Fire Flow Analysis
o ........ :_~ ~,~,:_~ o~t.~..~- ^,',t.~ T ......... o .... :~ r~'r:.~ In no case shall the flow
be less than 750 gallons per minute with the residual pressure of 20 pounds per square
inch at the most dem~ding ~ point of discharge.
MAY 2 5 2002
ORIGIN: Transportation Services
AUTHOR: Edward Kant, P.E., John Houldsworth, Engineer
DEPARTMENT: Transportation Services
LDC PAGE: LDC3:77
LDC SECTION: 3.3.7.1.10(4) Permits
CHANGE: Require Collier County fight-of-way permit (when applicable) at the time of Site
Development Plan (SDP) approval as opposed to at the time of building permit.
REASON: The review and approval of the fight-of-way permit is integral to the Site
Development Plan.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Collier County Right-of-Way Handbook
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
3.3.7.1.10 (4) Collier County right-of-way permit, if required, prior to site development
plan :.t '~'~
.................. ~, t. ....... approval.
MAY 2 9 2002
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Senior Environmental Specialist
Stephen Lenberger, Environmental Specialist
DEPARTMENT: Planning Services Department
LDC PAGE: LDC3:158
LDC SECTION: 3.13.8
CHANGE: Addition of Coastal Construction Setback Line (CCSL) permit for use of pavers,
decks, shell, lawn and non-native coastal plant species seaward of the CCSL, with criteria.
Addition of a 200 feet minimum separation between dune walkovers, allowed with a CCSL
permit.
REASON: To provide outdoor yard space for single-family homes constructed up to the CCSL.
Limit the number of dune walkovers per parcel, allowed administratively.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require a
hearing by the board of county commissioners, but shall require a coastal construction setback
line permit. Such permit shall be reviewed and approved administratively by site development
review environmental staff. The appropriate fee as set by county resolution shall be submitted
with permit application.
3.13.8.1.
Construction of a dune walkover w'~tk a ~v; ....... ;~,, ~,-~:v c~,
............................. , ~vhen a
Florida Department of Environmental Protection (FDEP) permit has been
obtained and the followin~ criteria have been met.
3.13.8.1.1. A maximum width of six feet.
3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or
xvalkovers are proposed on a single parcel.
MA'( Z 9 2002
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Senior Environmenta~ ? ;cialist
Stephen Lenberger, Environmental ST ~c~alist
DEPARTMENT: Planning Services Department
LDC PAGE: LDC3:158
LDC SECTION: 3.13.8
CHANGE: Addition of Coastal Construction Setback Line (CCSL) permit for use of pavers,
decks, shell, lawn and non-native coastal plant species seaward of the CCSL, with criteria.
Addition of a 200 feet minimum separation between dune walkovers, allowed with a CCSL
permit.
REASON: To provide outdoor yard space for single-family homes constructed up to the CCSL.
Limit the number of dune walkovers per parcel, allowed administratively.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 3.13.8. Permits.
The following activities seaward of the coastal construction setback line shall not require a
hearing by the board of county commissioners, but shall require a coastal construction setback
line permit. Such permit shall be reviewed and approved administratively by site development
review environmental staff. The appropriate fee as set by county resolution shall be submitted
~vith permit application.
3.13.8.1.
Construction of a dune walkover '-';'*-~ ~v;~, ...... ;,~,~ ~co;v c~, when a
Florida Department of Environmental Protection (FDEP) permit has been
obtained and the following criteria have been met.
3.13.8.1.1. A maximum width of six feet.
3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or
walkovers are proposed on a single parcel.
3.13.8.2.
3.13.8.2.1.
3.13.8.2.2.
3.13.8.2.3.
Creation, restoration, re-vegetation or repair of the dune or other natural area
seaward of the CCSL on an individual parcel 'of land, when a Florida Department
of Environmental Protection (FDEP) permit has been obtained and the following
criteria have been met.
Sand used must be compatible in color and grain size to existing sand.
Plants utilized shall be 100 percent native coastal species.
Restoration plans shall be designed by an individual with expertise in the area of
environmental sciences, natural resource management or landscape architecture.
Academic credentials shall be a bachelors or higher degree. Professional
experience may be substituted for academic credentials on a year for year basis,
provided at least two years professional experience are in the State of Florida.
MAY 2 9 2002