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Agenda 06/19/2002 LDC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 19, 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 SUBMITrED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 June 19, 2002 1. PLEDGE OF ALLEGIANCE 2. AGENDA 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, 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; SEClTON 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 COUNTY MANAGER'S OFFICE AT 774-8383. 2 June 19,2002 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-I 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; 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 second 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. NOTE: The Board directed changes to the LDC at the first hearing are highlighted in bold within each respective section. The summary sheet (first six pages) outlines the Board's direction and the recommendations of the Planning Commission and DSAC. It should also be noted that the amendments to Section 2.3.5. (Automobile Parking in conjunction with Residential Structures) had to be continued until the July, 2002 special cycle, due to an oversight in the required advertising of this section. The proposed amendment was for clarification purposes, and in the interim the existing LDC provision will remain in effect. FISCAL IMPACT: None. JUN 1 9 2002 GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. 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: ,/S'~USAN MURRAY, AICP, INTERIM~d~CTOR PLANNING SERVICES DEPARTMENT ?_ DATE APPROVED BY: 2 JUN 1 9 2002 0 ~ ,ct' ,~,ENDA ITF.~ JUN 1 9 2002 ~ 0 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. 6. In ~"" · A;~+~;~,+ ,,,1~ +k~ 1;o+ ~,e,~...~;~A ~A ~A;+;~i ..... contains ~j ZCBI~ ........ ~ tke ase ~../ cle~!y ~ ............................... ~ .............................. , reqmres .................... r .......... ~ ......... r ........................... mad ..... ~.. P JUN 1 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. 2. Side yards - One-half of the building height as measured from ~u ~v,~: ...... , ..... :~ ~f a ~+-'~* .... the first floor of the structure~ with a minimum of 15 feet. 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 from ~v+~; ...... u ..... :~ ~r ~ ~,~,~ .... the first floor of the structure with a minimum of 30 feet. AGENDA ITEM JUN 1 2002 Side yards - One-half of the building height as measured from ~.,.~. ~v,~ ...... u ^~ · ~c. ~.~,..~,~ the first floor of the .................... w:ng ............ structure with a minimum of 15 feet. o Rear yard - One-half the building height as measured from ~.~. ~v,..: ...... u ..... :~- ~' - ~-'~* .... the first floor of the structure with a minimum of 30 feet. 3 JUN 1 9 2002 ORIGIN: Community Development & Environmental Services Division AUTHOR: Michele R. Mosca, AICP DEPARTMENT: Planning Services LDC PAGE(S): LDC2:41 - LDC2:61 LDC 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.!4.3, 2.2.15.2.1, 2.2.15.3, 2.2.15 ½.2, 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 LDC as follows: Sec. 2.2.12. (C-1)Commercial professional a:o+.:~+ ~t- ~ ~ and generai offiee,~dlst~e ~ 2.2.12.1. 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 conditiom market support for these office uses should be those with a localized market support as opposed to office functions requiring inter-jurisdictio] pg.___ 1/--- 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. 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 right, or as uses accessory to permitted uses in the C-1 commercial professional ........ andgeneral office d]s~mt~ C ,,, ,, ............ 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521 )-, ,- -, ,- v ,+ c^,,,,, ,~.~ .... ,, ;-, .... v,~--,--~,l';"~ parking lots only. 3. Barber shops (7241), except schools. 4. Beauty shops (7231), except schools. 5. Business services (groups 7311, 7313, 7322--7331,7338, 726 !, 7371, 7372, 7374--7376, 7379). 6. Child day care services (8351). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. Offices for engineering, architectural, and surveying services (groups 0781, 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 ad handicapped only). ~_ _ JUN 1 2002 7g. 89. 10-14. 134-4. 15. Insurance carriers, agents and brokers (groups 6311-6399, 6411). Legal services (8111). Management and public relations services (groups 8741--8743, 8748). Miscellaneous personal services (7291, 7299, debt counseling only). %,4' .......... A ~.-+ ,-,,-~11~;~ [QA 1 Nondepository credit institutions (groups 6141 --6163). Photographic studios (7221). 17-1-9. 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). Real estate (groups 6531--6541). 19__~. 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 co~erc~ profess~on~ md general office .~stnet .............. C 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). AGENDA ITEM JUN 1 ,q 2002 5_3. Educational services (8211--8231), except regional libraries. 65. Homeless shelters, as defined by this Code. 76. Increased building height to a maximum of 50 feet. 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 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; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-l, 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; 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; 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); jo The mixed commercial/residential structure shall be designed to e compatibility of the commercial and residential uses through suck hance 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. 9_8. Nursing and personal care facilities (8082). 109. 114-0. Funeral service mad~r~mlor4es (7261 except crematories). Religious organizations (8661). 12-1--1-. Soup kitchens, as defined by this Code. 13 -1~. 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 2002 Sec. 2.2.13. Commercial convenience district (C-2). 2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the surrounding residential land uses within convenient travel, distance except to the extent that office 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. 2.2.13.2. 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. 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and o Apparel and accessory stores 1800 square feet or less of gross floor area in the principal structure (groups 5611--5699). Business services (groups 7311, 7313, 7322--7338, 73~I 7371--7379, 7384). Eating places 2,800 sqnare feet or less of gross floor area in the principal structure (5812 except contract feeding, dinner theaters, food servic~ (institutional), industrial feeding). JUN 1 9 2002 5. Food stores 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 6. Gasoline service stations (5541 subject to section 2.6.28). 7. General merchandise stores 1,800 squa~ feet or less of gross floor area in the principal structure (5211 533 i-5399). 8. 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. 9. Hardware stores 1,800 square feet or less of gross floor area in the principal structure (5251). 10. Health services (groups 8011--8049, 8082). 11. 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). 12. Libraries (8231) except regional libraries. 13. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). 14. Miscellaneous retail services 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 156. 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 JUN I 9 2002 p~._._Lq 1930. Veterinary services (0742 excluding outside kenneling). 20_t-. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 2.2.13.3. 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; 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; 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; go Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum areas: efficiency and one-bedroom, 450 square feet; two-bedroom, square feet; three-bedroom, 900 square feet; loot ,.~v AGENDA ITEM JUN 1 ~ 2002 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. o Permitted perSon~ semite' ~ide° rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. Permitted food service (eafme ~laceS °~:f°°fi St°reS) uses with more than 2q800 square feet of gross floor area in the permitted principal s[tacture. 6_S. Soup kitchens, as defined by this Code. 7. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Adjustment and Appeals. JUN 1 9 2002 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. 1. 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). 3. 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 the activity of "wrecker service (towing) automobiles, road and towir service." )ermit JUN 1 9 2002 o o 10. 11. 12. 13. 14. 15. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bro~v, ing, 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 refolding, 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 locational 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 5311 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, leather goods repair, locksmith shop, picture framing, and pocketbook repair onlY. JUN 1 9 2002 PS. ~'~ -- 16. 17. 18. 19. 20. Miscellaneous retail 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992-- 5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). Museums and art galleries (8412) art galleries only. Nondepository credit institutions (groups 6111--6163). Paint, glass and wallpaper stores 5,000 square feet or less of gross floor area in the principal structure (5231). 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). g-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). -2-6. 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. 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 pr, o,,a,,ro~ established in division 2.7.4. A~r. NDA JUN 1 9 2002 Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, g99-1-, 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. 3. Educational services (8221, 8222) Homeless shelters, as defined by this Code. 5_4. Hospitals (groups 8062--8069). 65. Justice, public order and safety (groups 92! ! 9224, 9221, 9222, 9224, 9229.). 76. 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; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; Co 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-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; JUN 1 9 2002 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; 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 oft he 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 re. si.de.nt!al uses through such measures as, but not limited to, m~mm~zmg 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. 9_8. Motion picture theaters, except drive-in (7832). 10. 11. 12__9. (5912~}, with more than 5~000 square feet ot gross noor area ~n me pnnclpa structure. Permitted food service ~eating,daces) uses with more than 6i000 square feet of gross floor area in the principal structure. Permitted use with less than 700 square feet gross floor area in the principal stmcture. 13-1-0. Soup kitchens, as defined by this Code. Vocational schools (8243--8299). Any other intermediate commercial use which is comparable in nature with th~ 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. JUN 1 9 2002 2.2.14.4. ~ough 2:2:14.7, N° changes J UI~ 1 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. 1. 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,, ,, ,, ,, ~, ~* ,~.~,.,~,,.~"*'~ o 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). JUN 1 $ 2002 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: 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. 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 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. 6. Building materials, hardware and garden supplies (groups 5231--52~ JUN 1~ ~ Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361--g-397 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 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, and window trimming service). 8. Commercial printing (2752, excluding newspapers). 10. 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. 11. Educational services (8221, 8222) 12-1--1-. Engineering, accounting, research, management and related services (groups 8711--8748). 13. 14. 15. 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). JUN 1 9 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 p~ump 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). - ~~ 19. 5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519). 6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for the on-premise consumption are subject to the locational 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). 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 Adjustment and Appeals. mm,----"- 2.2. are vehicles used in Sec. 2.2.15 ~. 2.2.15 ½.1. 2.2.15 ½.2. 2.2.15 ½.2.1. Heavy commercial district (C-5). 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. 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). Permitted uses. Unless otherwise provide for in this section, all permitted uses in the C-4 general commercial district. Auctioneering/auction houses (groups 7389, 5999). 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: [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]. 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 construction--general contractors (groups 1521--1542). Building materials (groups 5211--5261). Business services (groups 7311--7353, 7359,7389 contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 9. 10. 11. 12. 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). 134~. 14-1-3. Crematories (7261). Justice, public order and safety (groups._.~.°'~i ~ I, o'~'~ ~.~..., n-~'~-~. ~----, o-mo...... 9211, 9221, 9222, 9224, 9229). 15.__~. Local and suburban transit (groups 4111 --4121). 16___~. Mobile home dealers (5271). 17-1-6. 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. 19 4-8. Printing, publishing, and allied industries (groups 2711, 2721). 204-9. Transportation services (groups 4724--44_729). 2.2.15 ½.3. 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. JUN 1 9 2002 Agricultural services (groups 0741--0742, 0752, with outdoor kenneling). Amusement 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: ao All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the child care center's nearest property line. (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. e. 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. 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. JUN I 9 2002 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. 5. Communications (groups 4812--4841) with communications towers that exceed specified height, subject to section 2.6.35. 6. Farm product raw materials (groups 5153--5159). 7. Fuel dealers (groups 5983--5989). 8. Homeless shelters, as defined by this Code. 9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity center.) 10. Justice, public order and safety (groups 9223--92-24 ) 11. Kiosks. 12. Local and suburban passenger transportation (groups 4131--4173). 13. 14. Motion picture theaters (7833, drive-ins). Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Transfer stations (4212, local refuse collection and transportation only). 17. 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 ITEId ~ 1 9 2002 2!2! 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 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: 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 follows: Sec. 2.2.16. Industrial district (I). 2.2.16.2.1. Permitted uses. 10. Crematories (7261) (Renumber remaining list of uses) JUN 1 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. 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) 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 Adjustment and Appeals. AGENDA No.__ JUN 1 9 2002 ORIGIN: Community Development & Environmental Services Division AUTHOR: Susan Murray, AICP I)EPARTMENT: Planning Services LI)C PAGE: LDC2:71 LI)C 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 applications 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. Proposed PUD developments shall demonstrate consistency with "Smart Growth" principles as adopted in the most recent policy guide on smart growth by the American Planning Association (APA). 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. - ~.hoA I~o~ JUN 1 9 2002 ORIGIN: Community Development & Environmental Services Division AUTHOR: DEPARTMENT: LDC PAGE(S): LDC SECTION: Nancy L. Siemion Planning Services LDC2:85 2.2.21.5.1. CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: 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-Frank Road. 1 Th min:m.,m ....... ~,...~, ................................................ ~,,., 2-: 1_.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. & 3_ 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. JUN 1 9 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 hearing otherwise required by this section if: ~A ~'r~ un,~-~ ,~-a 5as ~" ST a~":~""':^" The area of the proposed alteration or development area ccnta:.ns is 30 five (5) acres or less, -~nd there are no transfer of 1 p ight ar-e-i ol ed the ~ d eve o mentr s nv v , ...... ~ ..... v ...... · ...................... ~ ......... e ow n 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, plan -':".,_. ..,.~"^* ~.,.,~,.-..: ...... ~.~ Where the proposed alteration or development involves a single-fmily principal stmct~e or the renovation or replacement of a single-fmily structure ~d~the proposed site alteration or site development plan will not require ~y signific~t modification of topography, drainage, flora fauna the site ...u~.~ +~ .,+~+:~: .... ~ .... +u ........ ,:~ .~ ...... , ~v ~ .:~.~ w~a,, .,~,~, .... ~Signific~t modification" shall me~ modification greater than ~ fifteen percent of the site. No pollut~ts will be dischmged from the ~ea that ~11 degrade the air, water or soil below the levels existing at the time of application. Water m~agement be~s ~d st~ct~es proposed for the protection ~Wor e~ancement of the ST mea~ will meet the minimum dimensions pe~i~ed ~by the South Florida Water M~agement District. Temporary 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 rutting 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 granted 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 ~nr~lie~s JUN 1 cj 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. JUN 1 9 2002 2.2.28.2.1 Murals. Murals in the Immokalee Overlay District and its Sub-districts are intended to support and promote communi_ty-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. 2.2.28, "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. JUN 1 9 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: Sec. 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 Bulk Stations and Terminals (5171) and Petroleum and Petroleum Products Wholesalers, E,~,,,~,~ B,alk e,~,: ..... ,~ q'~-~--~ (5172 Gasoline: buying in bulk and selling to farmers - wholesale only): provided: ao Separation Requirements: There shall be a minimum distance of 500 feet, shortest airline measurement, between the nearest points on any lot or parcel of land containing such proposed operations, and any lot or parcel which is already occupied by such operation, or for which a building permit has been issued. Waiver oflSeparation Requirements: The board of zoning appeals may, by resolution, grant a waiver of part or all of the minimum separation requirements set forth above as per Section 2.6.28.4. Separation from Residential: There shall be a minimum distance of 500 feeh shortest airline measurement, from all residentially zoned or used lar :1. Maximum lot area: Two (2) acres. JUN 1 9 2002 ORIGIN: AUTHOR: Collier County Attorney's Office 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: GROWTH MANAGEMENT PLAN IMPACT: implement the Final Order as amended. None These amendments further Amend the LDC as follows: Sec. 2.2.30. Declaration of partial moratorium for rural and agricultural area assessment. 2.2.30.1 D ti Fo pe lcd XT~ OO aa~A~.xa% T .... ~ oaa~ eCe~ain l~d uses as set fo~h in subsection 2.2.30.3 of the Code ~e prohibited in ~e respective Rural Fringe Area and the Rural L~d L~ds Area, as these Areas ~e identified in the ~ture l~d use element (FLUE) of ~e ~o~h management plan, until such time as the respective comprehensive pl~ mendments to implement the final order of the Administration Commission in Case No. 99-02 (DOAH Case No. 98-0324GM) become legally effective in that Area pursu_ant to subsection 163.3189(2), Florida Statutes so long as such amendments do not require implementing land development reg' ~lations. In the case of growth management plan amendments that specil ~ ABENDA ITF_M JUN 1 9 2002 require implementing land development regulations, the moratorium shall remain in effect until the ordinance adopting such regulations is legally effective. wi g h by hibit d c ..... : .... ,~.-~ 2303P hibit d Th foil ........... 2 .... ro e uses. e o n uses are ere pro e .... a ....... in the Rural Fringe Area and the Rural Lands Area, as these Areas are identified in the future land use element of the growth management plan, until such time as the respective growth management plan amendments for each Area become effective. Upon the amendments becoming effective for each Area described in the FLUE, this prohibition on the following uses in that specified area shall expire; except that where implementing land development regulations are specifically required for a use, said use shall remain prohibited until the implementing land development regulation(s) for said use becomes effective. For purposes of this section and references in the growth management plan amendments, the term "implementing land development regulations" or similar phrase includes planned unit development or planned development zoning ordinances. JUN 1 9 2OO2 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 LDC 2:145 2.4.4.11.8. Correct spelling of Ficus "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 eiliptica (shoe button ardisia). 2.4.4.11.8. Ficus m:.crc, carpae microcarpa / Ficus nitida (laurel fig/Cuban laurel). This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public welfare. No. JUN I 9 2002 Pg.50 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 review as ~en as notice to the public, and to afford opportunities for any interested individm to~ JUN 1 S 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 sba!! be deemed permitted uses JUN 9 20§2 a) any in ever~ 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 lift stations, water pumping stations; essential service wells (including extraction facilities, and requisite ancillarg facilities,) andh~ any other wells which have been or will be permitted by the South Florida Water Management District an&~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 any proposed well is a Collier Coun '~ owned well under the permitting jurisdiction of a Florida agency, StafI; early in the County's well permit application process, must sh',ra!d post sign(s) at the County's proposed well site(s) and must should provide written notice (-that the County has applied fbr a required its well permit) to property owners of !and within 300 feet of the property lines of the lots or parcels of land on which the applied4br well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings; b) _in every zoning district: individual private wells and septic tanks, and similar installations necessary for the performance of these services in d~ ..... c-t ~ c) in commercial and industrial zoned districts: other Ggovernmental facilities, as defined by this Code, shall ~e ....... :+'~ ...... ; .......... :al zoned d:.str:.cts to the extent the facility mud/or service is required by law, rule or regulation; d) in the agricultural and estate zoned districts the following ~overnmental facilities: nonresidential not-for-profit childcare, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities; e) in residential zoned districts: Also neighborhood parks in residential zoned distr-ie-ts. ,.;,../oX at +.h,.~ lc~ .... +.,'o .......... 1 .... 11 ..;+~£-\ ,~.lld ..hr.,,1.1 ...... ;.l ..... ;++ .... +;..~ /+h~+ +1~-- ' 2. d. 9.2. Co~dYtYo~a! uses. The following uses shall be de~med require approval pursuant to section 2.7.5. as conditional uses_.' a__) in ae, y-eve~ zoning district: _electric or gas generating plants, effluent tanks, major re-pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities; b_b_) in residential, agricultural and estate zoned districts_, except as otherwise specified by section 2.6.9.1 .:, ""*"; ..... + ....... ' ....... ;";*; ..... ;**'~-' :;:a:, F,-r.E~A tTEM JUN 1 9 2002 {:'ii- ~ ~v,-~..;~., c~.;~;,;,~o regional parks, community parks, safety service facilities, and other similar facilitiesk: hbranes. P-,~ ~;~-~"~:~'~ in residential zoneding districts: branch ' ' - AGENDA ITEM JUN 1 9 2002 Community Development & Environmental Services Division ORIGIN: AUTHOR: Nancy L. Siemion Planning Services LDC 2:226.12 2.6.35.7. (6) DEPARTMENT: LDC PAGE(S): LDC SECTION: CHANGE: Require the same minimum landscaping for Communication Towers located along Alligator Alley the same as other communication towers. None. LDC Section 2.4.6.4. None. REASON: Consistency. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Amend the LDC as follows: 2.6.35.7. Alligator Alley communication towers. (6) plmnte ......................... v ................. .... ,;~ ~,,~, ....~;~ ,,c~, .....~ Shall b~ as required by LDC Section 2.4.6.4. Communication towers. JUN 1 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 hearing 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 ~ initiated by the board of county commissioners-;m which the 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 such~,~,.~,~,_,_~,:~; .... o~,~'~n must be enacted or amended pursuant to the following minimum public notice and hearing requirements.' 1 2002 1. The planning commission must hold at least one advertised public hearing unless the planning commission elects~ by a majority decision, to hear such ordinance or resolution at two public hearings. 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 no less than 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. jUN 1 ZOOZ 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 3-year only option regarding extensions where local government has failed to take action or has instituted a moratorium thus impacting the development schedule for the PUD. To reduce the options for 5 year sunsets to require either an amendment or direction to staff to rezone. REASON: As directed by the BCC. FISCAL & OPERATIONAL IMPACTS: None REATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None 2. 7. 3.4. Time Limits Jbr approved PUD master plans. For those PUDs subiect to the three 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. 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. 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. 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 nC..,tNDA ~ management plan. 4q JUN 1 9 21)02 For those PUDs 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: Require the owner to submit an amended PUD or an application to rezone 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 on the board of the submitted amendment or rezone application. If the owner fails to submit an amended PUD or rezone application 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. If in the event of a moratorium or litigation challenging the development or other action of government that prevents the approval of any final development order the duration of the suspension of the approval shall not be counted towards the t~ree year sunset provision. JUN ! 9 2002 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 c,.,~,~,,,,~,,~,,~L;~' 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 nc, t less then ten feet :.n width on a:'erage consistent with the exceptions outlined in section 2.4.7.3.(4) of this code. Shared pedestrian walkways are encouraged between adjacent commercial projects. ~ ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE(S): LDC SECTION: CHANGE: REASON: 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. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. Division 2.4. 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 the sul o 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. JUN 1 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: There is no growth management impact Amend the LDC as follows: 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 500 200 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, az rzqu:rz~ ~--'~., '~...v .~:-~.. v ~ ........ :~_ ~_t._.~..~ _c .t.^ T .........e^_.:~ ,-,cc:.~^ 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 ~at&a~ ~ 300 feet apart ~ ~' ~zrz '~'~- '~ c~, c .... ~ ........ c .... ~' "- '~' .... ~-'~:":~:-- Additional on site fire hydrants are required when structures are more than 150 feet from the street. These hydrants shall be determined by the Fire Code Official. Hydrant spacing and size shall be )ortions of JUN 2002 providing water flows adequate to meet the requirements of the Fire Flow Analysis o ........ :~_ r~,:_- ~u~,,~^ ^c.u~ T ......... o^-.:^~ ,~c~^ In no case shall the flow be less ~ 750 gallons per minute with the residual press~e of 20 pounds per squ~e inch at the most demanding ~ point of disch~ge. JUN 1 9 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 right-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 right-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 permih if required~ prior to or at site d ! pi '- "~ pp 1 eve opment an a: '~'~ ':~ ~ "" : ..... .., .................... ~, r ..... a rova. JUN 1 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 a 200 feet minimum separation between dune walkovers, allowed with a CCSL permit. REASON: 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 -';*~' 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 more walkovers are proposed on a single parcel. 3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other natt seaward of the CCSL on an individual parcel of land, when a Florida Dep~trnent _ JUN Icj 2002 3.13.8.2.1. 3.13.8.2.2. 3.13.8.2.3. 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 subject to FEDP requirements. Plants utilized shall be 100 percent nativ~ 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. AO~)A ITEM J UN 1 9 2002 ORDINANCE NO. 02- 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 2.8 ARCHITECTURAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR COMMERCIAL BUILDINGS AND PROJECTS; DIVISION 3.2 SUBDIVISIONS; DIVISION 3.3 SITE DEVELOPMENT PLANS; DIVISION 3.13 COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 29~ 2002, and June 19, 2002~ and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. 1 Words struc~ t~,mugh-are deleted, words underlined are added NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the 2 Words °+-'~ ,t. ..... ............ ~,h are deleted, words underlined are added public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.1, GENERAL Division 2.1., General, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.1 GENERAl., Sec. 2.1.15. Prohibited uses and structures. * * * * * * SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS. Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.6. Residential multiple-family-12 district (RMF-12). 2.2.6.4.3. Minimum yard requirements. 1. Front yard - Thirty feet. 2. Side yards - One-half of the building height as measured fi.om each exterior wa!! 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 3 Words o**.,,ol, +1-, ..... 1~ ............ ~,- are deleted, words underlined are added from such required minimum floor elevations. Sec. 2.2.7. 2.2.7.4.3. Residential multiple-family-16 district (RMF-16) Minimum yard requirements. Front yard - One half of the building height as measured from each ~ or wing ora structure 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. Side yards - One-half of the building height as measured from ~,. ~v,~;~.~ I! ' th fi fi i h dfl ....... ~, ............ e rst ns e oor 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. Rear yard - One-half the building height as measured from ~, ~,,+~,4^~ -;,'all ^~ wing ^c ~ ~+~,~ .... 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. Sec. 2.2.12. 2.2.12.1. (C-1)Commercial professional a:~,..:,.,,..o,..~, ~-~t~ -~ ~ 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. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 2.2.12.2. 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 right, or as uses accessory to permitted uses in the C-1 commercial professional district and general office district.-th~ C I/T commercial 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 4 Words ~"-'~ *~- .....h ............ ~,, are deleted, words underlined are added 2. Automobile parking (7521) ..... ..... ~ ........... parking lots only. 3. Barber shops (7241), except barber schools. 4. Beauty shops (7231), except beauty schools. 5. Business services (groups 7311, 7313, 7322--7331, 7338, '~',.,~,., 7371, 7372, 7374--7376, 7379). 6. Child day care services (8351). _78. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. 89. Offices for engineering, architectural, and surveying services (groups 0781, 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). Insurance carriers, agents and brokers (groups 6311--6399, 6411). Legal services (8111). Management and public relations services (groups 8741--8743, 8748). Miscellaneous personal services (7291, 7299, debt counseling only). Nondepository credit institutions (groups 6141 --6163). Photographic studios (7221). 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). 182-0. 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). Transportation services (4724), travel agencies only. 10-M-. 1 l-F2-. !6. 15-1-7. 16-1-8. 174-9. 21. 5 Words o+~,~. ,~ .....h ............ ~,. are deleted, words underlined are added 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-1)commercial professional and general office district ,/transitional dist~ct (C 1, C ~,/T~, j, subject to the standards and procedures established in division 2.7.4. Automobile parking (7521), garages-automobile parking, parking structures. A 65. 76. Churches and other places of worship. Civic, social and fraternal associations (8641). Depository institutions (groups 6011--6099). Educational services (8211--8231), except regional libraries. Homeless shelters, as defined by this Code. Increased building height to a maximum of 50 feet. 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 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; 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, C 1/T 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; 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; i. 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. f. 6 Words ~*-'~ **' .....h ............ ~,, are deleted, words underlined are added 98. 109. 1244-. 134-2. 14. Nursing and personal care facilities (8082). Funeral service ~ (7261 except crematories). Religious organizations (8661). Soup kitchens, as defined by this Code. Veterinarian's office (0742), excluding outdoor kenneling. 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 Appeals. 2.2.12.7. lands. Special regulations_for C-1 zoned properties adjacent to Residentially zoned 2.2.12.7.1. The parking or overnight storage of fleet vehicles, or vehicles used in coniunction with a commercial business in C-1 zoning districts shall occur within a completely enclosed building, unless conditional use approval is granted for outdoor storage of vehicles. Nonconforming uses 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. 2.2.13. Commercial convenience district (C-2). 2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office 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 Joy b~.e. 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. 2.2.13.2. 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. 2.2.13.2.1. Permitted uses. 7 Words struc~a ti,rough are deleted, words underlined are added 10. 11. 12. 13. 14. 156. 16g. 178. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional fi/strict and general office district. ~"'~ *~ C ~/~r ....... ;,~ ~c~;~-~/, .... ;,;^,~ ,~;~,,4~, Apparel and accessory stores 1800 with square feet or less of gross floor area in the principal structure (groups 5611--5699). Business services (groups 7311, 7313, 7322--7338, 7361 7371--7379, 7384). Eating places with 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). Food stores with 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 with 1,800 square feet or less of gross floor area in the principal structure t~ ~ ~ ....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 with 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 with 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 with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principal structure (5231). Personal services with 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). 189. United States Postal Service (4311 except major distribution center). 192-0. Veterinary services (0742 excluding outside kenneling). 8 Words ~*~ 1~1' *~ .... ............ gh are deleted, words underlined are added 2.2.13.3. 2.2. 20-1-. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 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 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; Co The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; 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; 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. 9 Words ~+-'~ +h ..... ~, ............ ~,. are deleted, words underlined are added 4. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 5. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. Soup kitchens, as defined by this Code. 7. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the Board of Zoning Appeals. 2.2.13.8. Special regulations _for C-2 zoned properties adjacent to residentially zoned 2.2.13.8.1. The parking or overnight storage of fleet vehicles, or vehicles used in conjunction with a commercial business in a C-2 zoning district shall occur within a completely enclosed building, unless conditional use approval is _granted for outdoor storage of vehicles. Nonconforming uses: 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 type5 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. 10 Words ~*~ '~' ..... ~ ............. ~,. are deleted, words underlined are added 10. 11. 12. 13. 14. 15. 16. o o Apparel and accessory stores with 5,000 square feet or less of _gross floor area in the principal structure (groups 5611--5699). Auto and home supply stores with 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." Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 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 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 with 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 locational requirements of section 2.6.10. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 53 ! 1 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 with 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, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 17. Museums and art galleries (8412) art galleries only. 11 Words ot-~, ~]r ............ ~,. are deleted, words underlined are added 18. 19. 20. 21. 21.22 22.23. 2.2.14.3. Nondepository credit institutions (groups 6111--6163). Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). Personal services with 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). Physical fitness facilities (7991) Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511-- 9532, 9611--9661). __ Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). 24. Veterinary services (groups 0742, 0752 excluding outside kenneling). 25. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 26. United States Postal Service (4311 except major distribution centers). 27. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 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. 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. 3. Educational services (8221, 8222) Homeless shelters, as defined by this Code. 54. Hospitals (groups 8062--8069). _65. Justice, public order and safety (groups 9211 ~,.,..n'w~A., 9229.). 9221, 9222, 9224, 76. Social services (8322--8399). 8:3. Mixed residential and commercial uses, subject to the following criteria: 12 Words ~+-'~ +~- .....u ............ ~,- are deleted, words underlined are added 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; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; 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-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; 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. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 11. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 129. Permitted use with less than 700 square feet gross floor area in the principal structure. 13-!-0. Soup kitchens, as defined by this Code. 1444. Vocational schools (8243--8299). 13 Words ~'-'~ ~- .... ............ gh are deleted, words underlined are added 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 Appeals. 2.2.14.8. lands. Special regulations _['or C-3 zoned properties adjacent to residentially zoned 2.2.14.8.1. The parking or overnight storage of fleet vehicles, or vehicles used in conjunction with a commercial business in a C-3 zoning district shall occur within a completely enclosed building, unless conditional use approval is _granted for outdoor storage of vehicles. Nonconforming uses that were otherwise lawful prior to the effective date of this section of the ordinance shall comply with this ordinance, or any subsequenl amendment to this ordinance, within 180 days of its effective date. Sec. 2.2.15. General commercial district (C-4). 2.2.15.1. 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. 2.2.15.2. 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). 2.2.15.2.1. 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 ~¢~pCoutdo~ 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). 14 Words ~ .... ir th .... ............ gh are deleted, words underlined are added 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: a. 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. c. 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. eo 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. 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). Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361--7997 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 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 desi_gners, textile folding, tobacco sheeting, and window). 15 Words o*-'~- **' ..... ~' ............ ~. are deleted, words underlined are added 10. 11. 19 14. 15. 18. 19. 20. 21. 22. 23. 24. 25. -2-6. 16. 17. 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). Group care facilities (category I and Il, 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). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, 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). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-- 7299). Real estate (group 6512). Social services (groups 8322--8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243--8299). district. 16 Words ~*'"'~'J~ ............ ~,h are deleted, words underlined are added 2.2.15.3. 8. 9. 10. 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). 4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561, 5599 outdoor display permitted). 5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519). 6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for the on-premise consumption are subject to the locational requirements of section 2.6.10.) Fishing, hunting and trapping (groups 0912--0919). 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 9222 922~ 9221, 9222, 9224, 9229). Kiosks. Local and suburban transit (groups 4111--4121, bus stop and van pool stop only). Motion picture theaters (7833). Communication towers above specified height, subject to section 2.6.35. Permitted use with less than 700 square feet of gross floor area in the principal structure. Soup kitchens as defined by this Code. 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 Appeals. Special regulations_['or C-4 zoned properties adjacent to residential& zoned 11. 12. 13. 14. 15. 16. 17. 18. 19. 2.2.15.9. 2.2.15.9.1. The parking or overnight storage of fleet vehicles, or vehicles used in conjunction with a commercial business in a C-4 zonin~ district shall occur within a completely enclosed building, unless conditional use approval is _granted for outdoor storage of vehicles. Nonconforming uses 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. 17 Words °*~'~- m ..... h ............ ~l. are deleted, words underlined are added Sec. 2.2.15 V2. 2.2.15 1/2.1. 2.2.15 72.2. 2.2.15 V~ .2.1. Heavy commercial district (C-5). 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. 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). Permitted uses. 1. Unless otherwise provide for in this section, all permitted uses in the C-4 general commercial district. Auctioneering/auction houses (groups 7389, 5999). 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: [:Size of vehicles.t-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. c. 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. Ail walls shall be protected by a barrier to prevent vehicles from contacting them. 18 Words at:ack th, rough are deleted, words underlined are added 9. 10. 11. 12. 13-1z2. 14-1-3. 1544. 164-5. 17-145. 18-1-¢. f. 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]. h. 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. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building construction--general contractors (groups 1521-- 1542). Building materials (groups 5211--5261). Business services (groups 7311--7353, 7359,7389 contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 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~,..°'~ ~· I, c~-~-, ~,,.,.., c~-m-~,~,., 9229 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. 19-1-8. 204-9. gO. Printing, publishing, and allied industries (groups 2711,2721). Transportation services (groups 4724--44_729). 19 Words ~,,.,~v ,~, ..... ~ ............ ~. are deleted, words underlined are added 2.2.15 ¢5.3. Conditional uses for 05. The tbllowing 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. 1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling). 2. Amusement 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: All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the childcare center's nearest property line. (1) For purposes of this subsection, the following definitions shall apply: fa) 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. c. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. e. 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. 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. 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. 20 Words ~'* .... ~- '" ..... k ............ ~,~ are deleted, words underlined are added 5. Communications (groups 4812--4841) with communications towers that exceed specified height, subject to section 2.6.35. 6. Farm product raw materials (groups 5153--5159). 7. Fuel dealers (groups 5983--5989). 8. Homeless shelters, as defined by this Code. 9. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity center.) 10. Justice, public order and safety (groups 9223--9924 ) 11. Kiosks. 12. Local and suburban passenger transportation (groups 4131--4173). 13. Motion picture theaters (7833, drive-ins). 14. Permitted uses with less than 700 square feet of gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Transfer stations (4212, local refuse collection and transportation only 17. 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 Appeals. 2.2.15 V2.10. Special regulations_for C-5 zoned properties adjacent to residentially zoned lands. 2.2.15 V2.10.1. The parking or overnight storage of fleet vehicles, or vehicles used in coniunction with a commercial business in a C-5 zoning district shall occur within a completely enclosed building, unless conditional use approval is granted for outdoor storage of vehicles. Nonconforming uses 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. 2.2.16. Industrial district (I). 2.2.16.2.1.1. Permitted uses. 10. Crematories (7261) (Renumber remaining list of uses) A"7 2.2.16.2.2. Uses accessory to permitted uses. 21 Words o,-.ov **. ..... ,. ............ ~,- are deleted, words underlined are added Uses and structures that are accessory and incidental to uses permitted as of right in the I district. 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. 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: 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 Appeals. Sec. 2.2.20. Planned unit development district. Sec. 2.2.20.2. General. 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, 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 code section number, the specific regulation and the proposed modification to such regulation, in a standard format established by the planning services director. Sec. 2.2.21. Corridor management overlay district (CMO); special regulations for properties abutting Golden Gate Parkway west of Santa Barbara Bouldevard and Goodlette-Frank Road south of Pine Ridge Road. 2.2.21.5. Landscaping. 2.2.21.5.1. Goodlette-Frank Road. 22 Words o,~,~lr .1,..... h ............ ~,, are deleted, words underlined are added 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 m~ ~_h3_lLbe placed every 30 feet in landscaped areas. 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. Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas of environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area of Critical State Concern. 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 hearing otherwise required by this section if: W'-e~e ~--~ ~' .... S'r ~;~-*; ..... '~ The area of the proposed alteration or development ,ar~ac~atai~m i_s -2-0 five (5) acres or less, amt-whe~ there are no transfer of development rights am-involved, *~'~ ~ .... ~ ..... * a finding that and the following conditions, where applicabl~, ~xist: bo 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, plan ;;'ill nat require any ~^~;c,~,; Where the proposed alteration or development involves a Single- family principal structure or th~ renovation or replacement of a single-family structure and~th~ proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site~ structure. ~Significant modification'~ shall mean modification ~eater than ~ fiReen percent of the site. No pollutants will be discharged from the area that will decade the air, water or soil below the levels existing at the time of application. Water m~agement be~s and structures proposed for the protection and/or e~ancement of the ST area~ will meet the minimum dimensions pe~itted ~by the South Florida Water Management District. Temporary site alteration for ()il and gas geophysical surveys and testing. "Temporary site" alteration shall mean only those alterations involving hand cutting of vegetation for surveys and equipment entry, drill shot holes not exceeding six inches in diameter and rutting 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 23 Words .,*.-,,,-.1~ ~-h ..... h ............ ~,. are deleted, words underlined are added restored as required by federal, state and county permits within 90- days of the start of the project. o Where a conditional use has been approved, along with an environmental impact statement (ELS) or an exemption from the requirement for an EIS ' has been granted pursuant to section 3.8.9. c 1 this code. 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 Sec. 2.2.28. Immokalee Overlay Districts. 2.2.28.1. Purpose and intent: To create the Immokalee Overlay District with distinct sub-~districts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. 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 lmmokalee Community as set forth below: For the purposes of ~..c_Lcti~_n 2.2.28, "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. o The board of county commissioners shall .appoint a mural review committee for purposes of reviewing and making recommendations regarding the proposed murals. The committee shall develop criteria for reviewing mural applications. All applications for approval of murals shall receive approval of the mural review committee. Murals affixed to existing structures require submittal of a site improvement plan application or an insubstantial change to site development plan application. Such applications shall be exempt from the applicable application fees. bo 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 arc shall not b_:~ exempt from the applicable 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 does, require the 24 Words ~*~'~ *~' .....~ ............ e,- are deleted, words underlined are added recommendation of the mural review committee. 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 Petroleum and Petroleum Products Wholesalers, except Bulk Stations and Terminals (5171, 5172 - gasoline: buying in bulk and selling to farmers - wholesale only). SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING AND LOADING Di¥1SION 2.3 O141 -SI RLLI PARKING AND LOADING Sec. 2. 3.5. Vehicle Aute, me, b'.'!e parking in conjunction with residential structures. All vehicle automobile parking or storage of vehicles {mtomobitos-in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map of' the Collier County Growth Management ?lan 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: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: 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. This specifically designated area shall not exceed forty (40) percent of the r~_cluired front yard. c. All vehicles located wiflfin the front yard shall only be parked or stored on the specifically designated pervious or impervious surt"ace area. 25 Words o,~,o~. ,~,..... h ............ ~,. are deleted, words underlined are added d. If the application of these regulations results in the maximum allowable width of the treated surface area to be less than 20 feet. then nothwithstanding the above requirements, the driveway may be constructed at a nfinimum width of 20 feet. /-\ccess 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, w'hether the lot is improved or unimproved. Two fa ily dw Iii g its TI. 1 .... ,t. .... ; ..... 1.~,I ^~ o~=,I; ...... I^o,~A The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: 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, aspha!L or pavers. b. This specifically designated area shall not exceed fifty (50) percent of the required front yard. c. All automobiles located within the front yard shall only be parked or stored on the specifically desig-nated pervious or impervious surface area. d. A driveway may be provided on each side of the two family structure. e. If the application of these regulations results 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 minimum width of 20 feet, and a driveway may be provided on each side of the two family structure. f. A. ccess to any lot shall only be made fi'om a driveway having an. ~3pproved right-of-way permit. 'No access is allowed through or across another lot, whether the lot is improved or unimproved. Multiple family (i.e. 3 or more dwelling units except for garden apartments as in ection ~.~/ ~ ................. .................. o, .... , .... +~~ ,--~a?';n~ ~ o+~.~ ~r ~,,,~;~; ....... +; ..... ;+~ mu~f;~e..,~, - -~ The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure: Vehicles shall be parked in a specifically designated m'ea of the lot which shall be treated with a stabilized surface made of concrete, crushed s_tone, asphalt, or pavers. b. The surface areas designated for the parking of automobiles shall not exceed an area greater than 405 squm'e feet for each dwelling unit. 26 Words ,-.*~..1. *1., ..... h ............ ~,, are deleted, words underlined are added All vehicles located within the fi'ont yard shall only be parked or stored on the ~ecifically c_tesignated pervious or impervious surface areas. 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. 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 of automobiles shall be limited to the driveway and_/or garage combination. Vehicles~ 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 autemeSile vehicles owned by persons or business firms ~ ....... ~ ~3~._the site for social or business purposes. o No other portion of the front yard may be used to park or store vehicles aummo!fi4~s 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 zit'~atio~s ztses. Nonconforming stiutatic, ng uses 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 90 180 days of its effective date. SUtlSECTION 3.1). AMENDMENTS TO DIVISION 2.4., LANDSCAPING ANI) B U FiFE RI N G. DIVISION 2.4. LANDSCAPING AND BUFFERING Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier Cotmty C, ode, is hereby amended to read as follows: Sec. 2.4.4, Plant material standards and installation standards. 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 micr,~carpac microcarpa / ficus nitida (laurel fig/Cuban laurel). 27 Words struck t~,rc, ugh are deleted, words underlined are added This list shall be subject to revision as exotic plant species are determined to be noxious, invasive, cause environmental degradation to native habitats, or to be detrimental to human health, safety, or the public welfare. AMENDMI!.~N I S TO DIVISION 2.6, ,. { BSE(.J ION 3.15. SI.. I !: LL.~ IENTAL 1.)1~ ! RI(.. 1 I;H~(,i.iLA ! IONS. Division 2.6, Supplemental District Regulations, of Ordinance 91 -102, as amended, the Collier County Land Development (';ode, is hereby amended to read as lows: DIVISION 2.6. SUi>PLEMI);NTAL DIS i IIlC I RE(A~LA i lO.NS 2.6.9. Essential Services. 2.6.9.1 .Permitted uses. The following uses are allowed as shall be deomed permitted uses: a. in any 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 lift stations, water pumping stations; essential service wells (includi:ng extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will be permitted by the South Florida Water Management District or the Florida det2i?~rkn3_~.n_t__.9_.~._~..n_¥iro_qkn_¢n_ta_[_protection either prior to or subsequent to the 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: in every zonine, district: individual private wells and septic tanks, and similar installations necessary for the performance of these services. If any t~oposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, earl)' in the county's well permit application process, shall post sign(s) at the county's proposed well site(s) and .S.!.1.!~.[L.provide written notice that the county has applied for a required well permit to property ow2~ers within 3()0 feet of the property lines of the lots or parcels of land on which the ap.plied-fbr well is being sought by the county, including, if applicable, the tirnes and places of the permitting agency's scheduled public hearings; b. in commercial and industrially by zoned districts: other Ggovemmental facilities, as defined by this Code, shall be · mdus~4al-z~ned ....... c-ts to the extent the facility and4or service is required by law, rule or regulation; c. in the agricultural and estate zoned districts the fbllowing governmental tkicilities: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks= and recreational service facilities;. d. in residential by zoned districts: neighborhood parks 2.6.9.2.Conditional uses. The following uses shall be deemed :require approval pursuant to section 2.7.5. as conditional uses: a. in am~every zoning district: electric or gas generating plants, effluent tanks, major re-pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities; b. in residential, agricultural and estate zoned districts, except as otherwise specified by section 2.6.9.1.: .i public water supply acquisition, 28 Words o,_.~. ,. .....h ............ ~,~, are deleted, words underlined are added ............. , ....................... , re onal pm'ks, community parks. safety service facilities, and other similar facilitiesL? 2.6.35.7. Alligator Alley communication towers. (6) required by section 2.4.6.4., of this code. SUBSECTION 3.F. AMENI)iMENTS TO DIVISION 2.7, ZONING ADMINISTRATION AND t'ROCEI)UIIES Division 2.7., Zoning Administration and Procedures. l)ivision 2.7., Zoning Administration and Procedures of Ordinance 9]-102, as amcndcd.~ the Collier County Land Development Code, is hereby amended to read as Follows: 2.7.2.3.4 Notice and public hearing requirements where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a parcel or parcels of4a~ i~:vo!vca involving_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 h:t-eases initiated by the board of county commissioners-i~ which the proposed to change to the zoning map designation of a parcel or parcels of land m¥otves 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 r, uc~ provir, ion~ shall be enacted or amended pursuant to the following minimum public no ce an ear ng requ rements: .~., .... v ........ ~, ............................. 1. The planning commission shall 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 shall be held after 5:00 p.m. on a weekday, and if there are two hearings required before the planning commission, 29 Words o,~,~. ,t, .... ............ gh are deleted, words underlined are added then at least one of the required hearings shall be held after 5:00 p.m. on a weekday, and in which case the first hearing shall 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 shall be advertised approximately five days prior to the public hearing. The day, time and place of a second public hearing shall be announced at the first public hearing. 2.7.3.4 7~me Limils.'/br apl_~ro'ved PUD master plans. For those PUDs subject to the three year sunset provisions, g_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 inforn~ation 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. 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. 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 PUDs 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: 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 future land growth management plan. ION 3.(,. AMENI)MENTS TO DIVISION 2.8., ARCH.! I Is(., I [JRAL AND SITE DESIGN STANDARDS AND GUIDELINES FOR CO: IMERCIAI~ BUILDINGS AND PROJECTS. 30 Words °*~'~- ............ gh are deleted, words underlined are added Division 2.8_ Architectural and Site Design Standards and Guidelines . 1-10.., as amended, the Collier C;ommercial. 13uildings and Pro}ects, of Ordinance 9 (_ c untv I Jand Devdopmenl Code, is hereby amended to read as follows: 2.8.3.4. Pedestrian wa&ways. 2.8.3.4.1. Purpose and intent. To provide safe opportunities for altemative 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 eommemid 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, md outparcels....~'t~l~l._p..4..!~:ji!.~g..~;_(¢.!~..5. Pedestrian ways shall be designed to provide access between parking areas and the building entrance(s) in a coordinated and safe manner throtmh the incorporation of walkwavs, sidewalks and crosswalks. Pedestrian ways may be incorporated within a required landscape perimeter buffer, provided said buffer is-not tess than ten l~et in width ~n average ~32Bsjstent vs:jt_b~_tl3e_~_c_eptions outlined subsection 2.4.7.3.(4) of this code. Shared pedestrian walkways are encouraged between adjacent commercial projects. 3.H. AMLNI)MI~N ! S T() I)IiVISION 3.2, SUBDIVISIONS Division 3 o, Subdivisions, of Ordinance 91-1.02. as amended, the Collier Limd [)evelopment Code, is hereby mnended to read as follows: I)IVIlSION 3.2. SLBI)IVISIONS 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 the submittal 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 of 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. 31 Words o,-,.~. +t, ..... t. ............ s- are deleted, words underlined are added 3.2.8.4.8. Fire hydrants. 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 ~^~9,a 300 feet apart and not more than "~O,a 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, Schedule .............................. , in addition to maximum day domestic requirements at residual pressures of not less than 20 pounds per square inch unless otherwise required by the applicable fire code. Commercial, industrial, single fami!); with structures in excess of SO00 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 ?~99 300 feet apart ~-'~ ....... · ~_ ,~,~ c~_, c .... ,. ........ c .... ~* :- *~ .... ~"~:":~:^- Additional on site fire hydrants are required when portions of structures are more than 150 feet from the street. These hydrants shall be located as determined by the fire code 2.~i!}q:i3):!.. Hydrant spacing and size shall be capable of providing water flows adequate to meet the requirements of the Fire Flow Analysis e ........ :~_ ~ v ~ ^ ~ ....... o .... '~.^~ crc ~^. 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 demanding ~ point of discharge. 3.I. AMENI)Mt';NTS TO DIVISION 3.3, SITE DEVELOPMENT PLANS l)ivision 3.3. Site Development Plans, of Ordinance 91-102, as mnended, fl~e Cc, tlict~ County Land Development Code. is hereby amended to read as follows: Division 3.3. Site Development Plans Sec..,.3.7. S~te Development plan review (SDi) procedures. 3.3.7.1.10 4. Collier County right-of-way permit, if required, prior to site development plan ~ approval. S[;BSI~(. I ION 3..I, AM!!;NI)MENTS TO DIVISION 3.13 COASTAL (,ONSTRUCTION SETBACK LINE VARIANCE. Division 3.13, Coastal Construction Setback Line Variance, of Ordinance 91-102. as amended, the Collier County. Land Dcx. elt,pmcnt Code, is hereby amended to read as lbltows: I)IVISION 3.13 COASTAL CONSTRUCTION S ~ ,. ETBACK LINE V.ARIlANCE. Sec. 3.13.8. Permits. 32 Words o+-,~. ,t, ..... t, ............ ~,. are deleted, words underlined are added The fbllowing 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 ;'~' .... ; ....... ;,~,t, ^c ~;v w ............................... feet, 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 more walkovers are proposed on a single parcel. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County and other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accoinplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SlX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ., 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: JAMES N. COLETTA, CHAIRMAN 33 Words ~,-,o~r +~ ..... t, ............ s,, are deleted, words underlined are added DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency Marjorie M. Student Assistant County Attorney 34 Words o*'"'~q~ *~' ..... " ............ ~,.. are deleted, words underlined are added