Loading...
Ordinance 2002-45ORDINANCE NO. 02-4 5 ORDINANCE AMENDING ORDINANCE NO. 91-102, AS AMENDED, 'HE COLLIER COUNTY LAND DEVELOPMENT CODE 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 INCLUDING AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE 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.~adopte~ Resolution 97-177 establishing local requirements and procedures for amen~i~fig tl~.' LDC; and : WHE~AS, all requirements of Resolution 97-177 have been met; ~d ~E~AS, thc Bo~d o~ County Commissioners, in a m~er preschbe~ did hold on July 30, 2002~ adve~ised public hearings and did t~e action co~i~ these amendments to the LDC; and WHEREAS, the subject amendment to the LDC is hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (I) and 163.3202 (1), Florida Statutes; and WHEREAS, the Board of County Commissioners, on June 19, 2002, directed that a special Land Development Code amendment take place in July 2002, and; WHEREAS, the meeting to consider this Ordinance was continued from July 30, 2002 to September 10, 2002 and; WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of' Collier County, Florida, that: Wcr~: :~.:'ek t~rz'.:g~ are a..e!ztzd; words underlined are added. 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. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 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. Wzr~a :~'.:zl: t~re'--'~ a~ ~z~.ct:~; words underlined are added. 2 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS DEVELOPMENT CODE TO THE LAND SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.3, OFF-STREET PARKING AND LOADING. Division 2.3, Off-Street Parking and Loading, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING words underlined are added: 3 2.3.5.1. Sec. 2.3.5. Passenuer Vehicle parkin~ in coniunction with residential structures 2.3.5.1. Purpose and Intent. It is the intent and purpose of this Section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passeneer vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as Mixed Use, Urban Residential on the Future Land Use Map of the Growth Management Plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vechicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.3.5.1. Definitions: For purposes of this Section, a passenger vehicle shall be defined as a car pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 2.3.5.2. Single_family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of ar enclosed structure including the residential dwelling unit together with any attached o, detached garage or carport. Vehicles shall be parked or stored on the front or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface madu of concrete, crushed stone, asphalt, or pavers. Wcrd: :.~.uc!-. through :re dz!c:al; words undcdincd arc added. 4 The specifically designated area shall not exceed forty (40) percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard The total allowable area shall not exceed forty (40) percent of the larger or largest front yard as the case may be. o If the application of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then nothwithstanding the above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 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. 2.3.5.3. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: Vehicles shall be parked or stored on the front or side yard on a specifically. designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. The specifically designated area shall not exceed fifty (50) percent of the required front yard. For properties with more than one front yard. the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed fifty (50) percent of the larger or largest front yard as the case may be. 3. A driveway may be provided on each side of the two family or larger dwelling unit. If the application of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 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. 2.3.5.4. Multiple family dwelling units (i.e. 3 or more dwelling units except_for garden apartments as de_fined in Section 6.3. of this code) The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: Vehicles shall be located on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. Parking areas provided in excess of the minimum parking sl~ace rea_uirements of this code shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. u~^.~ ~,...~. ,~.~..g~ ~.~ ~_,~. words underlined are added. 5 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, unless the access is through an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between improved properties. 2.3.5.5. Single_family attached dwelling units. Where 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, then all parking areas shall be limited to .a designated driveway or driveway and garage combination 2.3.5.6. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the, occupants of the dwelling units or their guests. Vehicles owned by a firm, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.3.5.7. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.8. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance. within 90 days of its effective date. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Were: :tr',:zk :Sre'.:gh arc. ~c!c.ted; words underlined are added~. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this //t~ day of~-~'z~:e, rT, 2002. ! ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,,,,,,,,,,.,.,,,,. BY: J~N. COLE~TA, CHA~~. Approved As To Form ^nd begal ency marjorie ~]~- Student- ' t Assistant County Attorney This ordinonc,o fi'~.:i v.,i?h th'.'. Secretc~ry of c~-,i-- ~ ~ ~'-, , ~ and acknowledgement of that fiHng~ceived this /~ day of ~ , ~ D~pu~ Clerk Word: :..'r'.:zk thrc::gh are deleted; words underlined are edded STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2002-45 Which was adopted by the Board of County Commissioners on the 10th day of September, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this day of September, 2002. DWIGHT E. BROCK r- Clerk of Courts and Clerk~ " Ex-officio to Board of ~-~ County Commissioners By: .' ?~' .. ~ ~? c.,,,,. ~. "' --~' ~" '-" ' '~'"", h. ".."~? % Carleen A. E CLWa-.r.d,~,, ,' ~, ,, .... Deputy Clerk: .~ ~ i~-~"-~,..' c .'~ ; ~'-_, =- ',,, (,;,',, ,..,~ ,, %"~'~,.,.',,'-"