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Agenda 06/24/1998 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, ,June 24, 1998 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON A,'~' AGEN'DA ITEM MUST REGISTER PRIOR TO SPEAKiNG. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE ^GENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMIT-rED IN V*2R.i'T I N G WITH EXPLANATION TO THE COUNTY AD.'~NISTRATOR 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 PROCEEDL',,'GS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSU'ILE THAT A VERBATIM RECORD OF THE PROCEEDLN'GS IS /',lADE, WHICH RECORD INCLUDES THE TESTIMON',' AND EVIDENCE UPON V(HICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS %'ILL BE LIMITED TO FIVE (5) MINUTES UNLESS PER.$LISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING I.M'PAFRED ARE AVAILABLE IN THE COL'NTY CO.MYIISSIONEFL%' OFFICE. I. PLEDGE OF ALLE(;IANCE An Ordinance amendin~ Ordinance Nur.~ber 91-102. as amended, the Collier Count,, Land De',tlopment (cdc. '.,.bach includes the Comprehensi.,e Zoning Regulations for the unincorporated area of Collier Count.,,, Florida, b.v providing for: Section One, Recitals; Section Two. Finding~ of Fact; Section Three. Adoption of Amendments to the Land Development Code. ,More specifical[.,, amending the following: Article 2, Zoning, Division 2.2. Zoning Districts, Permitted Uses. Conditional Uses, Dimensional Standards, Division 2.4. Lz, ndscaping and Buffering. Division 2.5. Signs; Division 2.6. Supplemental District Regulations; Arlicle 3, Di',ision .3.2. Subdivisions, Division .3..3. Site Development Plans; Division 3.9. Veget,stion Removal, Protection and Prese~'ation; ,Article 6, Division 6.3. Definitions, including but not limited to the definitions of Single Family D~'elling. Rura~ Subdivision and Construction Sign; Appendix B, Typical Street Sections and Right-of-V,'a.~ Standards: Section Four, Conflict and Severability; Seehon Five, lr~clusion in the Land De,,elopment Code: and Section Six, effective date. (SECOND PL'f~LIC HEARI.",'G ~ (Continued from June I0, 1998) 3. ADJOURN c4 GENDA ~I;lritVGES BOA~ OF COUNTY COMMISSIONERS' MEETING JUNE ;t4, 199S,, ADD: ITEM 21111 - RECOMMENDATION TO TERMINATE Eg~ISTING CONTRACTUAL AGIiE~ WITH THE GOLDEN GA TE AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICTS FOR SERVICE PROVIDED TO TtlE COLLIER COUNTY FIRE CONTROL DISTRICT. (STAFF'S REQUEST). EXEC U'I'IVE SUYUM. ARY AN' OI:LDINAN'CE AMENDING ORDIN,,~NCE NUM. BER 91-102, AS A.MENDED, THE COLLIER COUNTY LA. ND DEVELOP.ME~ CODE, WHICH INCLUDES THE COMPKEHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS "O THE LAND DEV'ELOPMZENT CODE, MOP,,.E SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, D1W'ISION 2.2. ZONING DISTRICTS, PEP, aMITTED USES, CONDITIONAL USES, DIMENSIONAL STAND.kI:LDS, DMSION 2.4. LANDSCAPING AND BUFFERING, DMSION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIV'ISIONS, DD, qSION 3.3. SITE DEVELOPM~ENT PLAuNS; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF SINGLE FAMILY DV~ELLING, RURAL SUBDFvqSION AND CONSTRUCTION SIGN; APPENDIX B, TS'PICAL STREET SECTIONS AND RIGHT-OF-WAY STANDARDS; SECTION FOUR~ CONFLICT A~N'D SEVER.ad~ILITY; SECTION FIVE, INCLUSION IN THE LAN'D DEVELOPMEN'T CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend provisions sflhe Coll~er Count', Land Development Code. CONSIDERATIONS: This is the s~-cond of :'.vo public hearings required by Statute for amending the Collier Cotm~ Land Development Code Each of the amendmen; were presented to and reviewed by the Development Sen'ices Adx mot"' Committee, Collier Count5.' Planning Commission and the Environmental Advisory Board where applicable. Where an advisor-v body recommended revisions to the staff recommended LDC change tkis recommendation is included in the summary description of the LDC amendment. The Planning Commission held public hea.nngs Ma).' 10, 1998 and May 27, 1998. They recommended approval of the ame~dments except as othe~'ise noted on each individual amendment ,,,,'here applicable. The absence of an,,' exception noted by the CCPC means that the CCPC endorsed the amended or staff revised the amendment to reflect the CCPC's recommendation. FISCAL ISIPACT: 1998 GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GM]:'. STAFF RECOMMENDATION: That the amendments and draft amending ordinance contained with this ~::~:~'oved follow'i, ng the second public hearing on June 24, 1998. executive sun"u:nary be RONALD F. N~NO, AICP CURRENT PLANNING MANAGER REVIEWED BY: DATE VINCENT A. CAUTERO.'AICP, AD~'IINISTRA']FOR COMMUNITY DEV. :x.',,'D ENVIRONMENTAl. SVCS. DATE DATE LDC AMEND E'h SL,'M.~I AR'~' md JUN 2 4 1998 ORIGIN: Community Development & Environmental Ser-.'ices AUTHOR: Ronald Nino. AICP DEPARTMENT: Planning Sen'ices LDC PAGE: L DC 2-26 LDC SECTION: Section 2.2.5 RMF-6 Dimensional Standards CHANGE: To add dimensional standards that are unique to each type of housing where lots are to be planed. ' REASON: The RMF-6 dimensional standards were first promulgated to establish lot area and width standards for multiple family structures. Only latter were one and two family residential structures added as principal permitted uses. however, no individual lot area and width standards were added. Consequently properties zoned RMF-6 need to be rezoned when the owner of lands so zoned ',a'ish to dexelop the property '^'ith single familx residential structures as opposed to multiple familx structures. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGk'LATIONS: None. .Amend Section 2.2.5.4. '2.2.5.4.1. 2.2.5.4.2. Dimensional Standards' The £ollo~ingdimensional standards shall apply :o all permitted housing structure types, accessors', and conditional uses in the RNIF--6 district Minimum Lot Area: gmg4.?:-Familv, duple,,-: m":d two familv d .... .... .. J~uare .... F~-r d'.vciling $in~l~ Family.. 6,500 .Fquar~ _Feet excep~ as provided at Section 2.2.5.4.7. ~nd 2.6.27. T'~o-Familv... ] 2.000 squ~ fee~ except as provided at Section 2.6.27. T~eeormor~Dwel]in UnJtSt~ctures...5500s uare ~ml except as herein ~her provided. Minimum Lot Widlh: One h',.:n.'Jrecl fcc: (lOO~) Sinule Family... 60 feet Two Familv . . . . 80fee_l 3 or m_o. re ...... 100 feet 2.2.5.4.3. ,",,l~nimum Yard Requirements (except as further provided at Section ~.6.~7): Rear 'Yard: Thin'. .......... ~ ............... single r .... tracts, ............... ; ....... mum yard The follo~ina minimum yard requirements are in relation to platted heundaries One fSi,rig]e? Famil~ Front Least Side Total Two Rear 25 7 F: ] 5 20 T~,o Unit'Fami],. 25 10' 20 20 ~ or More Families 30 15' 30 20 D~aelling Unit: "A'hcrc fcc sim?lc lots are created for each dv. ellint: unit side yards only ,:appl; to the outside ~alt of the principal structure u.'ithin which dwelling tArlit, ,:Irc J(}calcd. .",;othin.~ herein contained shall prohibit the use or ,t'-1~[~11'o! of' ,¢ record for a sin=le fa~,'nih' detached d,.~,ellin~ unit. irr~ spective of hq dimen~ onal ~ncl. area measurement. (.'ombinations of platted Jots g/ r¢c. ord i.s othem'i.~e permjt~¢O t9 achieve thc minimum d_jmensiona} an_d area requirements for each housing structure type as described in the fore~.oin~ sections. 2.2.~. LDC AMENDMENT RFN,'mc[1--I: ORIGIN: Commumtv Development & Environmental Sen'ices AUTBOR: Ronald Nino. AICP DEPARTMENT: Planning Set-vices LDC PAGE: 2.44.2.48.2.52.2.56.2.58 and 2.62 LDC SECTION: 2.2.12.4.. 2.2.13.4, 2,2.14.4, 2.2.15.4.2.2.151/2.4., 2.2.16.4. CHANGE: Amend Sections in Commercial and Industrial Zoning districts relative to "Dimensional Standards" for the purpose of establishing a minimum distance between structures on the same property. REASON: Currently there is no standard establishing a minimum separation between buildings in the C-l. C-2. C-3. C-4 C-5 and I districts where multiple buildings are to be constructed on the same undivided parcel of land. This is unlike all residential zonima districts ILMF-6. RMF-12. RMF-16. RI and Business Park (Industrial district) where a stand~rd of one-half the sum of the heights of opposite walls establishes the minimum distance. Staff'is of thc opinion that it is equally as important for all commercial and the industrial zoning district to have a similar standard if for no other reason than to establish a common standard which is then applied to each Site Dcvelopment Plan. Such an amendment will remove the current level of'administrative uncertainty tha~ exists in the absence of any standard. FISCAL& OPERATIONALI.',,IPACTS: None. RELATED CODES OR REGULATIONS: None. Mr. M. Fernandez o!' Planning De,,elopment Inc. ad,,ised the ('CPC of his opposition to this standard. TheCCP('directcdstafftorevie:~. his consideration and determine iftheir is an justifiable substanc: ;o the ot"i,:ction. Mr Fernandez did no~ offer an',.' alternati,..e or definitive modification. Amend the LDC as 2.2.12.4.11. 2.2.13.4.11. Distance between structures. If there is a separation between any two princ.ipal structures on the same parcel, said separation shall bee a minimum of ]5 feet or a distance equal to one-half the sum of their heights, v,'hichever is the greater: Distance between structures. If there is a separation bet' principal structures on the same parcel, said separatio ,veen 'any ..tu.'o .,0. (?) shall be a ,,::.": :~-:'_ ;:"~.3 2.2.15.4.11. 2.2.1 ,q I "2.4.11 2.2~16..~ 11 minimum of 15 feet or a distance equal to one-half the sum of their heights, u. hichevcr is the greater. Distance between structures. If there is a set-aration between an,. tv, o pnncipal structures on the same parcel, said separation shall be n minimum of 15 feet or a distance equal to one-half the sum of their hei2hts. ,.vhichever is the greater. Distance between structures. If there is a separation between an',' tx~o principal structures on the same parcel, said separation shall be a minimum of t5 feet or a distance equal to one-half the sum of their heights, whiche`.'er is the greater. Distance between structures. If there is a separation between an,.' t,~,,'o principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their heights. '.vhichever is the greater. Distance bct',veen structures. If there is a separation betv,'een an,. t',,,'o principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their hc~chts, v. hichex er is the greater ORIGIN: Communit2,' Development & Environmental Ser~'ices AUTHOR: Ronald Nino, AICP DEPARTMENT: Planning Se~'ices LDC PAGE: 2.52 LDC SECTION: 2.2.14.4. CHANGE: To add a provision requiting project lighting ms is currently required in all commercial and industrial zoning districts save the C-3 districL REASON: The absence of a provision requiring project lighting is obviously an oversight inasmuch as site lighting is required in all commercial districts with the exception of the C-3 district. This amendment is intended to take care of this omission. FISCAL & OPERATIONAL I.%IPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: 2.2. Liuhtinu. Ligh~in~z facilities shall be arranized in a manner that protects road:,,avs and neiuhborine properties from direct glare or other Jnlcrferencc .... l . LDC A.',,IEND?.IENT 'RFN mdH MARIE'S LDC I ORIGIN: Community Development & Environmental Sen'ices AUTHOR: Brs.'an Milk. Principal Planner DEPARTMENT: Planning Services LDC PAGE: 2:58.2 thru 2:60.2 LDC SECTION: 2.2.16.2.1. CHANGE: This change specifically permits barber shops, beauts' shops and gunsmith shops in the industrial zoning district. REASON: The purpose of adding barber shops and beaut,',' salons to the industrial zoning district is to provide personal services for the employees who work within the district. minimizing vehicular trips and providing a functional and diversified economy within the district. The purpose of adding gunsmith shops with an accessory shooting range for testing and training is to proxide a service which was historically allowed in the industrial zoning district and was inadvertently omitted from the Collier Count>' Land Development Code. Currently there are six (6) gunsmith shops ~.'ithin the district. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None ,Amend tht' Land [)c', clop,,':.qenl ('ode as follows: Sec._._" '~ 16. lndus:r:a 2.2.16.1. 2.2.16.2. I district/I1 Purpose and intent The purpose and intent of the industrial district (l} is to provide lands for manufacturing, processing, storage and warehousing. ~holesaling. and distribution. Service and commercial activities that are related to support manufacturing, processing, storage and warehousing. ~aholesaling, and distribution activities, as well as commercial uses relating to automotive and heavv equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier Count>' grou-th management plan. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual (1987~.. or as other~vise-prov/ded for within this section, are permitted as a right, or as uses acce'ss~'~(''~) permitted uses in the industrial district (I~. r. CZ) 2.2.16.2.1. Permitted uses. Agricultural sen'ices (groups 0711. except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district. 0721. except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district. 0722-0724. 0761. 0782. 0783). Apparel and other finished products (groups 2311-23991. Automotive repair, service, and parking Igroups 751 ;-7340). 4 Barber shops (group 7241~ Beaut~ shops or salons (7271 ?. Building construction (groups ! 521-1342 L Business ser',ices (groups 7312. 7313. 7_~19.' 7334-7336. 7.,4' _-" 7380. including auction rooms (5999). subject to parking and landscaping for retail use} C,','T,n'~unications ~groups .-1812-48c;9 including communications l,,x,.crs up 1o specified heights, subject t,, section 2.635~. "7 t.t ('(,nqmc~ion - sp¢c,a, trade contractor:, Igroup> 1711- 1¢-1~L D~.'posi~or;, and nondcposi~op,, institutions Igroups 6011-61 r0.- l I Eating places 15812~. ar, l", Educational sen'ices(8_4>-8_49}. Electronic and other electrical equipment (groups 361"_-..,699).' · -1.~2,i4. Engineering. accounting, research, management and services (groups 8711-87481. relmed 4.-3,-_'.15. Fabricated metal products (groups 3411-3479. 3491-34991. t.1.16. Food and kindred products (groups 2011-2099 exciN slaughtering plants). 44,-..I 7_..~ Furniture and fixtures (groups 2511-2599;. !8. Gunsm. ilh shops (group 7699) with accesso~' shooting range for testing and training. !~;19..__: Hear',' construction (groups 1611-1f29). Health services (8011 accessorx' to industrial activities conducted on-site only). 4-~.21_._: Industrial and commercial machiner-,' and computer equipment (3511-3599). .-~.--. Leather and leather products (groups 3131-3199). ~o','~ Local and suburban transit (croups 4111-4173). 2~" ~_4 Lumber and wood products (croups '24'~6 ") ' -:---' ~ .... 4.21-2499). Measuring. analyzing, and controlling instruments: photographic. medical and optical goods: ~.*.atches and clocks (groups 3812- 3873). '2'326 Nle,mbcrship organizations tgroups 8611. 86311. _2-k-2- .Nliscel ancc~us manufacturing industries /groups 3911.399c;~. ,k,,,,, fre~g.;: tran;po,~am_m and ,.'.arehouslnc (tzroups 4212. 4213- -, .... .-,__c, cx~.~p, o~, and gas storage, and petroleum and chemical bulk stationsl. · ~,,-27_..~ Paper and allied products 12621-26791. '~? ;r' Per~onai se~'ices (groups "" -72 ~ - '---~ /-ii 19/. 2,-g-} I. Physical fitness facilities (7991). Printing. publishing and allied industries (groups 2711-2796). ~2~-.33_._~ Railroad transportation (401I. 4013). Rubber and miscellaneous plastics products (groups 3021. 3052. 3053;. ~! 44 Stone, clay. glass, and concrete products (groups 3221 3251 .~53, 3255-3273. 3275, 3281 ). Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 22c}7, 2298). Transportation equipment (groups 3714. 3716, 3731. 3732. 3751. 3761,3764, 3769, 3792, 3799). Transportation by air (groups 4512-4581 except airports and riving fields). Transportaticn sen'ices (groups 4731-4783. 4789 except stockyards). United States Postal Se~'ice ('431 l ~. '¢,'elding repair (7692 Wholesale trade - durable goods (groups 5012-5014. 5021-5049. 5063-5092. 5094-5099~. Wholesale trade - nondurable goods (groups 5111-5159, 5181. 5182. 5191 except that wholesale distribution of chemicals. fertiliTers, insecticides, and pesticides shall be a minimum of 500 feetfron',arcsidentialzoningdistrict 5192-5199). .-\n~ other use which is comparable m nature xvith the foregoing uses and i5 ~.,~hcr'x,,i>c clc'arlx consistem v, ith the intent and purpose stalt,,,cnt ot thc district 2.2 16.2 I LDCAME.'<DMENTBF. ImdH ORIGIN: Current Planning Section AUTHOR: Ronald F. Nino. AICP. Planning Services Manager Susan Murray. Principal Planner DEPARTMENT: Planning Sen'ices LDC PAGE: LDC2:69 CHANGE: Amend subsection 2.2.19.2.1., Permitted uses. to alloy,' Educational Se~'ices (groups 8211 - 82311. specifically Elementars' and Secondao.' Schools (8211): Colleges. Universities. Professional Schools. and Junior Colleges (8221. 82221: and Libraries (8231 as permitted uses. REASON: To further the intent and to be consistent the future land use element of the grow'th management plan and the community. facilities zoning district, which provides for institutional, public facilit.', t.vpe of uses designed to serve the public at large FISCAL 8: OPERA, TIONAL IMPACTS: None. RELATED (_'ODES OR REGULATIONS: None. .At a public hearing held on Xla', 27. 1998. the legal representative for the Park Shore .-\sso,.;at;or: argued fha', thi> amendment should not proceed at this time or Educational Serx i,es ough: t,, he cc,nditlor:all.,, permiucd in the CF zoning district The CCPC recommended t.v,a: ~','~i~ amendment hc postponed for consideration in the second annual amendmen: c'~ 2.2.19.1 2.2.19.2. 2.2.19.2. i Sec. 2.2.19. Communin' facilin district (CFi. /'ermitted uses. The following uses ~e pe~iued as offighl, or as uses accesso~' to pe~ined uses. in the co--unity facilit', district ~CFI. Child care centers. Churches and houses of v.'orship. '7 8. Civic and cultural facilities. Museums. Nursing homes, assisted living facilities IAi. FI pursuant Io s 400.402 F.S. and ch. 58A-5 F.A.C.. family care facilities, group care facilities (catcgoU II and contJnuin~ care residential communities pursuant to s 651 F.S. and ch. 4-193 F.A.C. all subject to section 2.6.26. Parks and playgrounds, noncommercial recreation facilities, open space uses. Public. pd','ate and parochial schools. Social and fralernal organizations. Educational services (~roups 8211 - 8231 ~. ORIGIN: Communit'` Development & Environmental Ser'vices AUTHOR: Stephen Lenberger. Environmental Specialist II Barbara Cacchione. Comprehensive Piarming ,Manager DEPARTMENT: Planning Se,'-xices LDC PAGE: LDC2:92 LDC SECTION: '~ '~ ~4 '~ 2 CHANGE: Add agricultural use exemptions to the land development code for development standards and regulations for ACSC-ST REASON: Proposed revisions to thc land development code for consistency with Board of Counp. Commission changes to the Grok~-th Management Plan FISCAL & OPEi:U~.TI()N,.x.L I.MPA('TS: ,Approxa! of this amendment ~.~.'ill have no fiscal impact on the Count'` RELATED CODES OR REGt'LATIONS: Noneaffccted [)c'`ci,,~,.,c:,, ~.~r,,,.andrcgula::onslor ACSC-ST .-\]ldc'`elopmcntordcrs i>5ucd '.~th~n thc ..XL'SC'-$'l area shall compI? withor ,.,~ ~',,,ore ................. --~'-:~';,'~ ckaptc; 2g-25. Florida Administrative Code. as amended. Boundan' and Rcg~,la~iorq~ f,~r thc Blg ('., pres, .-Xrc~ of ('ritical Stale Concern. as Included All d..:~ u}~,pmcn~ orders ~s>ucd for proiects within the Bi~ C',press .Area of (_'ritical $~a:c ( ,intern shall bc tra:,sm~tted to, thc State of Florida Depa~mcnt of Comrr:un~'` Affairs for re', ie~.t with the potential for appeal to the administration commission pursuant to Chapter 9J-I. Florida Administrative Code. Development ..Order Reqdirements for .Areas of Crilical State Concern. ~;~tc 3Itc. ration Site alleration sh'~ll be limi',ed to ten percent of the total site size. and installation ofnonpermeable surface shall not exceed 50 percent of an,, such area. }to,.vever. a minimum of 2.500 square feet may bc altered on an.',' permi~'~ed site. --- Any nonpermeable surface greater than 20.000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoffand siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantiallv completed within 180 days following completion ora development. Re~.egetation shall be accomplished with prccxistin~ species except that undesirable exotic species shall not be replanted orpropa~ated. Exotic spccies included are listcd Australian pine Bishopv, ood Brazilian pepper .Xlelaleuca Doxwnv rosemvnle Earleaf acacia Catclaw mimosa Java plum IC'asuarina spp. ) (Bischofia javanica~ (Schinus terebinthifolius ~ (.Xlclaleuca spp. I (Rhodomynus tomentosal (Acacia auriculiformis) (Mimosa pigra) ¢Syz}.'gium cumini~ No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specificall:, protected bx' this regulation include: all wetland plants listed bx' the Florida department of environmental regulation in chapter 17-301. Florida Administrative Code. as amended. Fill areas and related dredge or borrow ponds shall be alined --':g(:'q) substantiallv in the direction of local surface water ~lov.'s and shall ~ · ~.'_: be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the do`.vnstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of v,'ater in a manner approximating the natural ilo',,,' regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in an.',' portion of the estuarine zone. Manmade lakes, ponds or other containment `.`.'orks shall be constructed with a maximum slope of 30 degrees to a depth of :,ix feet of water. W'hen mineral extraction is completed in nc,.,,' quarrying lakes, shoreline sloping, planting of littoral shel,.'es with nurser>'-grov,'n aquatic vegetation, restoration or revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision except that whenever an.,.' person carries out an activity defined in F.S. § 380.04.. as amended, as development or applies for a development permit as defined in F.S. fi 380.031. as amended, to develop an,,' existing quarr)'ing lake area. these regulations shall apply. Finger canals shall not bc conslructed in thc ACN('.S'[ area. This r~ c shall no! app x 19 5J!...v altcration~ undertaken in c,'mnectir,n x~ith the auricultura! usc of land or for thc con,.crsion land to a~ricultural usc. 2. Drainage. Existing drainage facilities shall not be modified so as to discharge water to an.',' coastal Waters. either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with subsection 2[b] immediately following: however, modifications ma.,.' be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system. either on-site or to a natural retention or filtration and ilo`.', area. Ne,.,,' drainage facilities shall also maintain a groundv,"at~}' level l sufficient to protect wetland vegetation th. rough the use of weirs or performance equivalent structures or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estt'.arine area. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. This rule shall not apply ~o drainage facilities modified or constructed in order to use land for a=ricultural purposes or 1o convert land to such use. Transportation ao Transportation facilities which would retain, divert or othem'ise block surface water floxx's shall prox'ide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance equivalen! structures and shall provide for the passage of stream, strand, or slough ,a'aters through the use of bridges, culverts, piling construction or performance equivalent structures or systems. Transportation facilities shall be constructed parallel to the local surface flov,, and shall maintain a instoric ground lexel sufficient to protect wetland vegetation through the use of weirs or perfo.,r'mance equivalent structures or svstems and as feasible, the flor, s in such x,.orks shall be released to natural retention ill:ration and f~ov, s areas. Transportation facilil,, construction sites shall provide for siltation and runoffcon'~rol through the use of settling ponds, soil fixing or performance equivalent structures or systems. Structure installation Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. Minimum Iow floor elevation permitted for structures shall be at or above the 100-year flood level, as established by the administrator of the federal Flood Insurance Administration. The construction of an,,' structure shall meet additional federal flood insurance land management and use criteria. 24 CFR 1910. as amended:as administered by the appropriate local agency. ' --~°x Co This rule shall o9! apply to $~ructurcs used or intended for use in cormecfion with the a~ricultural use of the land. ...2.24.3._. LDC AMENDMENT'SL:md'H:MAKIE'S LDC ORIGIN: Community Development & Environmental Services AUTHOR: Stephen Lenberger, Environmental Specialist II DEPARTMENT: Planning Services LDC PAGE: LDC2:98 LDC SECTION: 2.2.24.8. CHANGE: Add exceptions to special treatment (ST) overlay section of the land development code for administrative approval by the development services director for oil and gas surveys and testing v,'ith only temporary site alterations and water management berms and structures for the protection and/or enhancement of ST areas as approved by the South Florida Water Management District. REASON: The proposed amendment ,,,,'ill allow the development se~'ices director to administratively approve special treatment (ST) permits involving only minor site alterations. Proposed exceptions include site alterations which are either temporary in nature or required by the South Florida Water Management District. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will save stafftime in preparing staff repons and presenting petitions to the CCPC and BCC. The applicants will save time in obtaining special treatment (ST) permits. RELATED CODES OR REGULATIONS: None affected. -~ ', ~a e Exceptions Where land has an ST designation and the proposed alteration or development area contains 20 acres or less in gross area. and where no transfer of development rights are involved, the development services director may approve a site alteration plan or a site development plan. Prior to such approval, the development services director shall make a finding that the follo,~Sng conditions exist: 4w.a~ The proposed site alteration or site development plan will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora, or fauna on the site. Single-family principal structure where the proposed, s_it..e.alteration or site development plan will not require modification of topography, drainage, flora, or faum on the site. or where the alteration involves the renovation or replacement of a single family structure. Significant modification shall mean greater than ten percent of the site. No pollutants will be discharged from the area that will degrade the air. water or soil below the levels existing at the time of application. 'Water mana~2ement ben-ns and structures (for the protection and'or enhancement of ST areas'} which are of the minimum dimensions .approved bx' the South Florida Water Management District. Oil and gas lgeophvsical survevs and testing, with only temporary site alterations and subject to applicable federal, state and county approvals Temporary site alteration shall mean only those alterations involving hand gut'ting of vegetation for su~'evs and equipment entrv, drill holes not exceeding six inches in diameter and rut'tine associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessa~' for sur~'evin:~ and testing. The site shall be restored as required bv federal, state and count,.' permits within 90 days of the start of the proiect. All other site alteration or site development plan approvals of any size shall be as required in sections'~ " ............... _.2._4.4. * * '4 ': and > ' '~4 6 2.2.2.~ $ LDC AM£NE~MENT SL md H M-XRIUS LDC ~o~t,l,~: k. omprehens~ve Planning AUTHOR: Michele R. Mosca. Planner I Brian Milk. Principal Planner DEPARTMENT: Planning Services LDCPAGE: 2:114.40-2:l14.46and2:13.5_2.137 LDC SECTION: 2.2.28.. 2.2.29.. and 2.2.23. CHANGE Section 2.2.28. will become "The lmmokalee Overlay District." Sections 2.2.28. 2.2.29, and 2.3.23 as exist presently within the Land De'velopment Code. will become overlay sub-districts within the Immokalee Overlav District. Two additional sub-districts, the "Farm Market Overlay Sub-District" and the "Agribusiness Overlav Sub-District" will be created whh development standards designed to address lan~ use needs within their defined boundaries. REASON: To creale a zoning overlay for the Immokalee community. Incorporate SR29 Commercial Overlay. Jefferson Avenue Commercial Overlay. and Immokalee Central Business District into sub-districts and create two additional sub-districts to address the land use needs ofthis rural farming community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGt'LATIONS: Amend the Land Develc, pment Code as folh,x~s. Delete Sections 2.2.28 and" ".29 and "" ........ : and rename section"" '~8 ofthe Land Development Code. - .... ~mmokalee Overlay District THIS >.!,',P IS TO BE DELETED, ! 2.2.29.3. 2.2.29.2.1. 2.2.2O.3.6 ..... per ! rO feet ,..c ..... , c ~- ....................... ;'e .... r,-,, ,,~ ....... ;~ projects rr:,.iec::-!','.':a',ed v.'i:hin :hi,; o'.'er!av dis:ric~. Street fC'R ? !(-,; shall cc,mprh.e .... "" map Sec. 2.2.28. Immokalee Overlay Distric~ ~2 .Purpose and Intent. To create the lmmokalee Overlay District with distinct sub _districts for the purpose of' establishin:e development criteria suitable for the unique l_and u~e needs of the Immokalee Community. Geographic boundaries' The boundaries of thc Immoka{ee Overlav District art d_elineated on Map l belo,.v. LAX£ IMMOKALEE OVERLAY DISTRICT ~.2.28.3. 2.2.285.1. State Road 29 Commercial Sub-District: svecia, 1 colndition, s for lhe properties abutting SR-29. as identified on the Irnrngkalee, Are0 Mast,er Plan; referer~c,cd on Mai> 2: and further idgotified bx,' the designation "SR29COSD" on the applicable official Collier County Zoning Atla,~; Map,s, Mai> I.B,. 2~ COMMERCIAL OV~I=ILAY IUI-DII'f~CT .Pz,/,rpose and i~;tcnt: The purpose of this designation is to provide for retail, office. transient lodging facilities and highway commercial uses that serve the needs of the trax'elint, public. These commercial uses must be located on a maior arterial or collector roadwav. The prox'isions of this sub-district are intended to provide an increased commercial depth alone SR-29 with development standards that will ensure coordinated access and ,appropriate landscapine and bufferine compatible ,a'ith nearby residential properties, identified on the Immokalee Future Land Use Map. .. 2.2.28.3.3. 2.2.28.3.3,1. 2.2.28.3.3.2. 2.2.28.3.4. 2.2.28.3.~. 2.2.28.3.7. Deve/otmwnt criteria' The following standards shall applv to all uses in this overlav sub-district. Access points to SR-29 shall complv v,'ith Florida State Department of Transportation permitting regulations. Parcels that do have a minimum of 4--10-feet of street fronta2e shall provide access off exJstin2 adjacent roadv,'avs. ,.,.'hen possible. and should not access to SR-29. Owners of lots or combinations of lots ha'`'ing less than the required street frontace ma,,' r~etition the board ofzoning appeals for a variance from the standard in this sub- district as will not be contrarv to the public interest ,.,.'hen owing to special conditions peculiar Io the property, a literal enforcement of these standards would result in unnecessary and undue hardship. Shared parking arrangements betu.'een adjoining developments shall be encouraged. Deceleration and acceleration lanes shall be provided. Pedestrian traffic shall be encouraged bv providing sidewalks. The location of these sidev.'alks shall be coordinated with adiacent projects. Buildings sha!l be set back from SR-29 a minimum of 25 feet and from the rear lot line a minimum of 25 feet. Projects shall pro'` idea ten-foot Tvpe A landscape buffer as described in section 2.4 bet','`ecn vehicular rights-of-'`tax with required sidewalks and adjacent residential de;elopment .Adjacent commercial proiects shall pro'`ide coordinated landscape plan~, .An area equal to a minimum of tv, o and one-half percent of the total interior xehicular use area shall be landscaped to pro,,ide visual relict'. Buildings shall ha'`e a maximum height of 50 Je{fi'r.~on Avenue Commerc/al (A'erhn Sub-District.' special conditions for the properties abuttinv Jefferson Avenue as identified on the Immokalee .Area Master Plan: referenced on :"..lap 3' and further identified bv the desienation "JACOSD" on the applicable official Collier Count,.' Zoninp .Atlas Maps. Mar) AvENuE CO~a~ER~iAL OVERLAY SUB.DISTRICT IJACOSDI _flur_l~o.~e and intent' The purpose of this designation is tO provide for retail, office. Vansient kdging £a.cJl/ties and highway commercial uses that serve the needs of th,- I~aveline vublic. These commercial uses must be }ocated on a major arterial o, collector roadway. The provisions of this sub-district are intended to provide an increased commercial opportunity along Jefferson Avenue with development standards that ,,,,'ill ensure coordinated access and approvriate landscaping and buffering to be compatible with nearby residential properties: A_v~licabilitv.' These regulalions applv To the commercial district alon~ Jefferso~ Avenue as identified on the Immokalee Future Land Use Map. Developmen~ criteria: The follo,.ving standards shall apply to all use; sub-district. 12 2.2.25.45.}. 2 .... 8.4..~.~. ;2.2.28.4.4. 2.2.28.4.6. 2.2.28.4.7. 2.2.28.5. 2.2.28.51. 2.2.28.5.2. &.ccess points for future commercial development shall be limited to a maximum of .one per 150 feet of street frontage. Properties v,'ith lets than the required street frontage, shall be encouraged to utilize shared access points with adjoinim, commercial development. Owners of lots or combination of lots having less than the 150-foot of required frontage may petit.ion the board of zoning appeals for a variance from the standard in !.his sub-district as will Dot be corltrary, to the public interest when owing to special .cgnditions peculiar to the proper'tv, a literal enforcement of these standards would result in unnecessary and undue hardship. A ten-foot Type. A landscape buffer as identified in section 2.4 of this Code shall be provided on Jefferson Avenue for all commercial protects. provisions for shared parking arrangements v,'i~h adioining dcvclopmcnts shall be encouraged Commercial buildings shall bc set back from Jefferson Avenue a minimum of 25 Commercial building shall have a maximum height of 5(} feet excludint, ten feet for under-buildinv parking. Farm .[[arkc/ (A'er/(n..%h-Di.~t,'ict' special conditions for the properties identified on Nlap 4: and further identified bx' the designation "FMC)SD" on the applicable official ('oilier ('ountx Zoninl: Atlas Maps. Pu,7,,~t' a,a/i,m',~t The purpose of this designalion is to pro,,ide fc, r v, holesale and fetal! uscs. outdoor a,.zricuhural product displa,.s and sales areas, truck parking, and packin,.' houses and associated uses. The pro,,isions of this sub-district are intended to provide retail and wholesale opportunities for aericultural businesses as well as pro,,ide truck parkin,z for at'ricultural s.ilcs but not xvithin roadv, avs and rights of x,,ax 3'he dc'.clopmcnt standards contained herein ha,,c been dcsiizned to enhance and encourage devclopmem and redevelopment. ;tpphcahi,':t~ These regulations appl'~ to, the Farm .Market Ox crtav .Rub-district as identified on XIap 4 '3 i; Map 4 FARM MARKET OVERLAY $1.,I~-DISTRICT (FMOSD) Permitted t,'~ve.v: All permitted uses within the underlvin.~ zoning districts, and the follov,'inc uses. as identified in the Standard Industrial Classification .Manuat (1987b are permitted as a right in this sub-district. Agricultural Sen'ices (0723) Wholesale Trade (5148) Agricultural Outdoor Sales 14 Permitted subiect to the roi]owing, provisions: Outdoor sales of agricultural products are permitted on improxed or unimproved properties provided the applicant submits a site development plan which demonstrates that provisions ,...'ill be made to adequately address the following: a. Vehicular and pedestrian traffic safetx' measures. b. Parkine for undeveloped properties will be calculated at a rate of !;250 square feet of merchandise area. A maximum often percent of !he parkine required bx' division 2.3 of this code max' be occupied or otherxvise rendered unusable bv the placement of temporar-,' ~tructures. eeuipment, signs, and merchandise. The min!;num number of disabled parking spaces pursuant to division 2.3 shall be required. c. Limited hours of operation. d. Fencinv. lightinv. e. Fire protection measures. f. Sanita~ facilities. The applicant shall provide a notarized letter from the propcrtv owner ~rantinc permission to utilize the subiect proper'tx for acricuhural outdoor sales. The placement of one si~n. a maximum of 32 square feet. or two such sign,~ for properties containinc more than one street frontaee shall be permitted. .-\cricultural product,, ma,.' be sold from a ,. el",icle ?rox ided that the vehicle located in thc road rieht-of-v, ax. A minimum 5-1k~,ot land.,cape buflk'r shall be required adjacent to an,. road ri~zhts-of-xx a,,. 2.2.28.5.5. 1. L. cs and structures that are accessorv and incidental to the pe.'"mit~ed uses. Dimensional .$'ta,du,-dc .As found within section 2.2.15;,'.-.4.. Dimensional Standards. of this code. e::cept as noted below: a. ..Minimum floor area: 500 square feet cross floor area for permitted principal a.c. ricultural structures. 2.2.28.5.6. Commercial Desig, Gmde/flw.~' Subject to provisions of Division 2.~.,,._Krchitcctural and site desinn standards for Commercial Buildines and Pro/ect~ of ~hi~ ,except as noted below: 2.2.25.5.7. 2.2.28.5.8. 2.2.28.6. 2.2.28.6.1. 2.2.28.6.2. The following u~;.e.s, as identified in the Standard Industrial Classification Manual {1987), are exeml3~ from the provisions set forth in Division 2.8. of the Architectural and Site Design Standards for Commercial Buildings and Projects. Agricultural Sen'ices (0723) Wholesale Trade (5148) Agricultural Outdoor Sales. Land.~caping and Bufllrer(ng' Subject to provisions of Division 2.4. .... 15'/.-.5., of this Code, Mercha,~di.~e Storage and Disp/m'.' As found within section '" '~ (xcept as noted below: .Agricultural products may be displax'ed within any front yard provided it does not adverselv affect pedestrian or vehicular traffic or public health or safety and is not located within the road rights of .4griht~.~i~wss Oa'erlav Sz~b-District: Special conditions for the properties identified on Map 5: and further identified bx' the designation "AOSD" on the applicable official Collier County Zoning Atlas Maps. Pu,'~',,~.~c ami i~:tent The purpose of this desit, nation is to pro,, ide for ',,,,'holesale useq and acricultural packing houses and associated uses. The provisions of this sub- district are imended to proxide additional lands for agricultural related businesses and ext':ansion opportunities for existim2 agribusiness. The de,,elopment standards contained herein have been designed to permit consistent land uses ,.,.'ithin the AOSD ..-Ipplicat, ilm. These regulations apply to the At',ribusiness overlay sub-district as identified on .".lap 5. 2.2.28.6.3. ~...28.6.4. L AGRIBUSINESS OVERLAY SLIB.O~STRICT IAOSD} Permitted ?.,'se.,.' All per-mined uses within the underl~'ing zoning districts, and the foIlowin.g uses. as identified in the Standard Industrial Classification Manual (1987). are pemairted as a right in this sub-district. l_. Agricultural Se~'ices (0723 Wholesale Trade (51481 Accessorr 1._: Uses and structures that are accessory and incidental to the perrrftt-e~d '~'x)--{i, 1V 2.2.28.6.5. ~imen$ional Standards: As found within section 2.2.15!5.4.. Dimensional Standards 2.2.28.6.6. 2.2.28.6.7. 2.2.28.7. 2.2.28.7.1. 2.2.28.7.1.2. 2.2.28.7.1.3. 2.2.28.7.1.4. 2.2.28.7.2.1. 9f thi,s Code. Commercial Design Guidelines.' Subject to provisions of Division 2.8., Architectural and Site Design Standards for Commercial Buildings and Projects. of this Code. excem as noted below: The following uses, as identified in the Standard Industrial C. las~;ification Manual {1987), are exempt from the provisions set forth in Division 2.8. of the Architectural and Site Design Standards for Commercial Buildings and Projects. A~ricuhural Sen'ices (0723) Wholesale Trade (5148) Land.~capi~Tg and Buffering: Subiect to provisions of DMsion 2.4. Standards for parking within the lmmokalee Central Business Sub-District. Primara' area Lots. parcels, or uses which have frontaee on West Main Street (SR 29) or First Street (CR 846) shall comprise the primal' areas. £xistin£ uac~- Uses in existence as of the effective date of this code are exempt from thc minimum parking requirements as set forth in section 2.3.16 except that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this code. £xoa~.~io, The expansion of an',' use shall require parking at 50 percent of the minimum requirement as set forth in section 2.3.16. for the expansion only. Cha,~e i~ cxisti,g tt.~'e A chance of anx use shall be exempt from the minimum parking requirements as set forth in section 2.3.16 up to an intensity level of one parking space per 100 square feet. A chant, e of use to an intensity of greater than one space per 100 square feet shall require parking at one parking space per 150 square feet. L'se.~ in new b~dldings. Any use in a building constructed after the effective date of this code will be required to provide parking at 50 percent of the minimum requirement as set forth in section 2.3.16. ..~econdarT area. Lots, parcels, or uses which do not have frontage on Main Street or First Street shall comprise the secondary area. Existing uses. Uses in existence as of the effective date of this code a: the minimum parking requirements as set forth in section 2.3.16 e,c¢' !8 that existing JUN 2 5 2.2.28.7,2.3. 2.2.2874. .uses shall not reduce the number of spaces below that which is provided as of thc effective date of this code. .Expansion The expansion ofanv use shall require an addition to any parkinu of the ~inimum number of required spaces as set forth under section 2.3.]6. for th,. .e~xpansion only Chan£e in existin£ use. A change of an,,' use shall be exempt from the minimu,, parking requirements as set forth in section 2.3.16 up to an intensity level of on,- parking space per 100 square feet. A chance of use to an intensity greater than on,- ~arking space per 100 square feet shall require parking at 50 percent of the minimui~, requiremenLas set forth under section 2.31.6. No chan!~e in use shall allow fo..- a r_eduction of the current number of parkine st)aces provided. ~,)e.~ in ne, buildings Any use in a building constructed after the effective date of t_his code will be required to provide parking at 67 percent of the minimum .requirement as set forth in section 2.3.16. (_)ff-.~ite parkin£ a£reements In no way shall the provisions of the lmmokale,- .central business sub-d/strict (ICBSD1 be construed so as to prevent establishment,. y. ithin the boundaries from taking2 advantaee of off-site parking arraneements as set forth in section 2..3.a. II. Furthermore. the maximum distances ,set forth in sectio,, ~~N...incrc.ascd lc, (30fl feet within thc boundaries of thc ICBSD. Properties v, ithin the ICBSD entering into off-site parking ag. reements witl, proper'ti.es out~i&' the l("B.C,[) max utilize the 60(~-fl-,o: rule. Bt,tm,lar,:c~ nfthc district ]'he. physical limits of the Immokalee central business, district/lC'BSD) are as shov. n on the official zoninc atlas map of the subject area. and a~ de.,crihcd ..Beginnin:,;..ot the intersection of First Street and Third Avenue. thc ICBSD boundarv proceeds '~','es!erlx ak, nc the centerline of Third Avenue to its intersection xvith Nonl~ Fifth Street to its intersection u. ith Second Avenue. then v. esterlx alont~ th,' centerline of Second Avenue to the northern extension of the east line of Lot 33. _Block A, Joxce Park Subdivision; then southerly alone, said lot line to the southeast comer of said lot. then xvesterlv along the south lot line of Lots 33, 34 and 35 to thc ?0uthv,'est comer of Lot 35. then northerly along the western lot line of Lot 35 to tht- centerline of Second Avenue. then westerly to the centerline of North Ninth Street. !hen southerly to the westerly extension of the north lot line of Lot 12. Block 6. Carson's Subdix'ision. then easterly, northerly and easterly with the north lot line of Lot 12 and continuing easterly to the northeast comer of Lot 6~ Block 4, Carson'.,. .Subdivision. then southerly to the centerline of Boston Avenue. then easterly to centerline of Fourth Street South. then southerly to the western extension of the soutl, Jot line of Lot 5. Block 9, Carson's Addition Subdivision. then ea lerh' tO th~- centerline of Third Street South. then southerly to the centerline of Cole ldo then easterly tot he centerline of Second Street South. then southerly to t]~e centerlinc JUN 2 3 of Eusfis A. vcn~¢, ~bcrl easterly tO the. ~;guth~m Cx~ensjor~ of the centcrline of Fahrncv $~rect to thc cemerline of .P¢lawar¢ Avenue. lhcn westerly to Iht southern cxlcnsion_ of thc cas~ lot lint of Lot 14. Block 1, Mainline Subdivision. then northerly ~o thc centcrline of Rose Avenue, then westerly to the cemerline cf South First Street. then nonherlv To the point of beginning. Ii 20 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: Current Planning Section Ronald F. Nino. AICP. Planning Services Manager Susan Murray, Principal Planner BD'an Milk. Principal Planner Nancy Siemion. Landscape Architect Planning Ser,,'ices LDC2:152.2 CttANGE: Amend Table 2.4, Table of Buffer Requirements by Land Use Classifications. adding row # 14, Automobile Service Station and specific buffer requirements for automobile service station land uses. REASON: To cross reference the additional landscape buffer requirements which pertain specifically to automobile serx'ice stations as a result of amendments to Section 2.6.28. Automobile Ser,.'ice Stations. FISCAL & OPEILA. TIONAL IMPACTS: .~one. RELATED CODES OR REGULATIONS: None. Amend the Land Dex elopmem Code as folloxvs: Section 2.4.'7..Minimum landscape buffering and screening bemeen uses. ORIGIN: Community Development 8,: Environmental Sen'ices AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Sen'ices LDC PAGE: Page 2.152.3 LDC SECTION: 2.4.7.5. CHANGE: Amend Section 2.4.7.5."Collier Count}' Streetscape Master Plan" REASON: To clarify the intent of the Collier Count3' Streetscape Master Plan to include the Type D Landscape Buffer within its guidelines. FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal or operational impact to Collier Count}'. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: Sec. 2.4.7. Minimum landscape buffering and screening be~'een uses. 2.4.7.5. Collier County Streetscaloe Master Plan. Street corridors identified in Collier Naplescape 90's Streetscape Master Plan. including areas within the right-of-wav and on required buffers adjacent to the fight-of-way. shall adhere to the requirements of the Collier Naplescape 90's Streetscape *laster Plan. Notwithstanding the above, for required landscape buffers adjacent to an,,' .right-of-way, the requirements of the Collier Naplescape 90's Streetscape Master Plan shall apply at the time of.any related subsequent development order including construction plans attender to the approval of a final plat and or a Final Site Development Plan. Where there is disagreement as to the an~lJcation of said Streetscape Master Plan standards and .requirements. an official interpretation of the Planning Sen'ices Director pursuant to Section 1.6.1 of the Collier Count' Land Development Code ma,,' be requested. F .u~t. her, the interpretation of the Planning Service~ Director may be appealed to the Board of Zoning Appeals as prescribed by ..Section 1.6.6 of the Land Development Code. his'f/1998 doc's/LDC 2.4.7.5/3-17-98 Origin: Current Planning AUTHOR: Chahram Badamtchian LDC PAGE: 2:167 LDC SECTION: 2.5.7.28. CHANGE: Removing the word 'Tethered" from the sentence. REASON: An inflatable sign may be fastened to the building or to the ground in ways other than tethered. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: 2.5.7.28. Tc',hcrcdi inflatable signs. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGES: LDC SECTIONS: CHANGE: REASON' Current Planning Chahram Badamtchian Planning Services 2:170 2.5.12.4.6. Staff is proposing to allow architects to sign and seal drawings for signs. Architects are licensed to sign and seal plans for basic structural designs and wind load requirements. There are qualified to design signs. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: 2.5..12.4.6. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida re,qistered architect, of the plans and specifications and method of construction and attachment to the building or the ground of all pole signs and all projecting sign; and any ground sign over 32 square feet. DATE: ORIGIN: AUTItOR: DEPARTMENT: LDC PAGE: CHANGE: REASON: Mm-ch 26. 1998 Current Planning Section Ronald F. Nino. AICP. Current Planning Maragcr Susan Murray. Principal Planner Planning Services LDC2:174 Amend Section 2.6.4.2, Subsections I and 2, of the LDC, to specifically eliminate the words "or a final development order" and to allow administrative approval of after-the-fact yard encroachments of up to 6 inches rather than the presently allowed 2.5 percent of the yard not to exceed a maximum of 2.5 inches for structures which have not been granted a certificate of occupancy. Amending Subsection I to allow for 6 inches rather than 2.5 inches w/Il provide a reasonable and easily measurable margin of error necessitating administrative relief due to conditions associated with the land. structure, or human error. The language "or a final development order" has been interpreted to include a County-issued building permit. Applications for administrative approval of after-the fact yard encroachments of up to two (2) feet (after the Count>' has issued a building permit) have become a common and relatively inexpensive way for developers of property to obtain an administrative deviation from the current yard requirements, rather than comply. Obtaining after-the-fact administrative approval for variances in order to build at reduced setbacks does not comply with the intent of Subsection 2. The intent of this subsection is to provide administrative relief to property owners which have developed properties with structures which do not comply with current requirements (developed under previous land development code requirements) or for other unanticipated reasons. FISCAL & OPERATIONAL I.MPACTS: None. RELATED CODES OR REGULATIONS: None. 2..6.4.2. 2.6.4.2. I. Minor after-the-fact yard encroachments. Minor after-the-fact yard encroachments ma',' be approved admin/stratively by the development se~'ices director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: Structures for which a certificate ofoccupancy ~ ...... v ............ has not been granted. The development sen'ices director ma)' administratively approve minor after-the-fact yard encroachments of up to 2.5 _5 percent of the required yard. not to exceed a maximum of 2.5 6 inches. Structures for which a certificate of occupancy or a final ...... v., ........... has been granted. The development sen'ices director ma,,,' administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard. not to exceed a maximum of two feet, ORIGIN: Department of Revenue AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDCPAGE: 2:186 LDC SECTION: 2.6.15. CltANGE: To amend the provisions of Section 2.6.15. for the purpose of establishing minimum internal dimensions for solid waste bulk container (dumpster) enclosures, and to provide guidelines which will allow waste removal vehicles to safely enter, exit, and maneuver to access the container. REASON: The Department of Revenue has advised that there currently are no minimum dimensional standards for dumpster enclosures, resulting in damage to some enclosures by Waste Management vehicles attempting to access the container. This lack of dimensional standards has al~ re~Ited in the inability of some enclosures to accommodate larger waste containers when required by the customer. In addition, some enclosure sites have failed to provide adequate area for the vehicles to safely enter, exit, and maneuver to access the container. FISCAL & OPEI:LiTIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Ordinance Number 90-30 as amended Amend the Land Development Code as £ollows: Sec. 2.6.15 Solid waste disposal. Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk container service (garbage dumpsters) for all commercial establishments and muhi-family projects containing five or more dwelling units under a common roof, excluding rowhouses or townhouses not exceeding two stories in height upon demonstration of adequate access to facilitate curbside p/ck'up and that all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers, or as otherwise permiued below. 2.6.15.1. Screening. All trash or recycle receptacles shall be locat easily accessible to the residents and the solid waste haul screened on at least three sides to prevent visibility of :ontainers ?~,.',e. ~ JU',~ 2 _~ ,7¸ 2.6.15.1.I 2.6.15.1.2. neighboring property owners and ~om adjacent streets at the first floor level, except as provided for in section 2.6.15.~.~. En.¢.losures shall have minimum in~ernal dimensions of 12 feet by 12 5~t square. If equipped with gates, the clear opening dimension shall be a minimum of 12 feet and the gates must be equipped with a device to hold them open. 1 PLAN VIEVV FF~C)NT VIEW The following structures ma3' be used for screening as required above: Wood fence. Concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. Vegetative screening in conjunction with section 2.6.15.2.1. or section 2.6.15.2.2. above. Screening, as required above, shall be exempt from height limi fences provided there is no obstruction of vision of adjacent stree s.~,. _for JUN 2 3 LoS8 2.6.15.~.Z Screening of bulk containers (garbage dumpsters) may be exempted in: Industrial districts (I) if the dumpsters are located greater than 200 feet from residentially zones or used property and a,'e not located within front yards; rural agricultural districts (A) in conjunction with a bona fide agricultural use on parcels conforming to the required minimum lot size in the district; and during construction in all other districts. accommodate a vehicle requiring a minimum clear width of 8 feet and slreel. Containers and enclosures shall be placed such that the accessing V' ' ~,k.' V ' ' V~ V' as herein illustrated. M'inimum requirements and locational restrictions. In the case of multi family developments with more than four units per structure, at least one standard size bulk container (dumpster) per every ten units shall be required. All such containers are subject to the follov, inc, locational restrictions: - 2.6.15..3.,4._, 2.6.15.~_..L Solid waste bulk containers (garbage dumpsters) shall be permitted in all zoning districts. Solid waste bulk containers max' be located w/thin a required vard provided they do not encroach into a required landscape area. and further provide that there be no blockane of the view of motorists or pedestrians so as to constitute a hazar'-d. In the case ofmuhi-family developments containin.~ more than one structure, no solid waste bulk container (garbage ~lumpster) shall be located greater than 500 feet from the structure it is intended to serT¢. Exceptions. The site development review director, or his designee, max' allow the following exceptions to the above requirements. Solid waste bulk containers (dumpsters) ma,.' be substituted by individual solid waste disposal set'vice (unit bx' unit curbside pick-up) subject to the following: In the case of individualN, owned muhi-familv dwe (condominiums). individual'(curbside) solid wast~ dispc gal semicc 2.6.1.~ LDC A.ME.~'D:,I£.x'7 RG md may be substituted for the required bulk containers (dumpsters) upon documentation that the subject unit or condominium association, having been turned over f,'om the dt:~cloper to the residents, has voted in the majority to eliminate the use of dumpsters in favor of individual curbside sen,ice for all or pan of particular development, subject to acceptance from both the Collier County Solid Waste Department and the waste hauler. Additionally, the association shall demonstrate that there is adequate access to facilitate curbside pick'up and that all individual units have an enclosed located other than the residential structure, such as a car'pon or garage, for the storage of individual solid waste containers. In the case of multi-family rental units bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the waste hauler. In the case of a commercial use bulk solid waste disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier Count',' Solid Waste Department and the waste hauler. ORIGIN: Currcm Planning Section AUTHOR: Ronald F. Nino, AICP, Plarming Sen'ices Manager Bryan Milk, Chief Planner Susan Murray, Principal Planner Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: LDC2:201-204 CHANGE: Repeal Section 2.6.28 Automobile Service Stations and replace with more specific regulations v,,hich apply to the location, layout, operation, landscaping, parking and permiued sales and service activities of automobile service stations. REASON: To minimize the highly visual and activity level impact of this use to ensure that service stations do not result in an adverse impact on adjacent land uses. especially residential land uses. Recognizing that automotive service stations are multi-functional - providing sen'ices such as gasoline purchase, convenience shopping, light auto repair, facilities to travelers such as food, restroom, water and air. FISCAL & OPERATIONAL ISIPACTS: None, RELATED CODES OR REGULATIONS: ~'orle. Amend the Land De'~ elopment Code as follows: fencing. c, ..... £:0 ] beyond 'h~'' 'he "c~'~ "]cng '~- t~, .~. ~t.~ t. ~;,:~, ~. t2. Sec. 2.6.28. Automobile Service Stations, Thc following regulations apply to the location, layout, drainage, operation, fencing, ].andscaping, parking, architectural features, and peimitted sales and service activities of a_u/omobile service stations ~,hich include co.nvenience grocery stores selling motor fuels: ~um~$e andlntent. The purpose of this section is to ensure that automobile servic,- stations do not adversely impact adiacent la'nd uses, especia]ly residential land uses. Thc hJP. h levels oftraf.fic, glare, ,and intensi_t'y, of USe associated with Se~'ice stations, ~artieularlv thos.e open twenty-four hours, may be incompatibl.e with surrounding uses, ~$oeeJally residential uses. Therefore, in the interest of protecting the health, safety and £¢nera] welfare of the public, the followin~ regulations shall ,apply to the location, ]ayout~ Oraina~ze. operatign, }andscapine, parking and permitted sales and sen'ice activities of ~utomobile sen'ice stations_.' ' ~...6 28. l__..~ Locatio,nl attd Site Standards All automobile sen'ice station,. shall meet the following criteria: ~Minimum roma e: An automobile service station shall not be located on a lot whh less than one hundred riflv {150) feet of f.rontalze on a vehicular right-of v,.ay. .. .Xh,t,m,t depth ' One hundred eiehtv (180) feet. 'I 3hut,m,r Io~ or ?arcel area: 30.000 square feet. . c aration rec uiremcnts: There shall be a minimum distance of 500 feet. shortest airline measurement, betv, een the nearest oim$ on an,.' lot or a eel of land to be occu ied for automoNle .se~' ce stations, and any lot or parcel which is occupied by ar, automobile sen'ice station or for which a buildin ermit has been issued. ,[/iuimum 3'ard requirements: All structures. ('.a) Front yard setback - Fifty (50) feet. (b) Side yard setback - Fort-,,' (40} feet. {'c) Rear yard setback - Fort5' (40) feet. Parkm re ut'rements: As re uired by D/vision 2. Off-Street Pa. rkin~ and Loading. ,4,'chiwcmral Desig,7' As required b's.' Division 2.8~, .and Site Desi~ Standards and Guidelines for Commerci .Buildings and Projects. (8) Landscaping '..Ibc following landscave requirements are in addition to the requirements of Division 2.a, Landscaping and Buffeting. a_..: .Required landscaping adjacent to property boundaries: .(!.) Right-of-way buffer landscaping: (a). Landscaping adjacent to rights-of-way external to the development project shall be located within a landscape buffer easement which is a minimum of twenty-five (25) feet in width. Water management swales shall not be located within these buffer .areas, however, water manacement facilities such as underzround vivin~ shall be pertained. lb). An undulating berm with a maximum slope of 3:l shall be constructed along the entire lencth of the landscape buffer. The berm shall be constructed and maintained at a minimum average heicht of three (3) feet. The berm shall be planted with ground cover (other than zrass), shrubs, hedces, trees and palms. {c}. The required trees and palms shall be clustered in double rows with a minimum of three (3) trees per cluster. Canopy trees shall be planted at least fifteen (15) feet on center within a cluster. The use of palms within the ri~zht-of-v.'av buffer shall be limited to landscaped areas adjacem to vehicular access points. Palms shall be planted in sta~eered heir. hfs, a minimum ofthree (3) palms per cluster, spaced at a maximum of eight (8) feet on cenler, with a minimum ora four (4) foot difference in height between each tree. A maximum distance oftwentv, five (25) feet betxx'ecn all types of tree clusters shall be maintained (See Illustration 1). (d}. All of the trees shall be a minimum of fourteen feet in heie:ht at the time of installation. Trees shall have a minimum ora 3 1/2 inch caliper at 12 inches above the ground and a six (6} foot spread. At installation, shrubs shall be a minimum of ten (10) gallon~ five (5) feet in heicht, with a three foot spread, planted four (4) feet on center. ~ Landscaping adjacent to all other property lines: (a)? Side vroveny boundaries (other than those adiaccnt to rights- of-way) shall be planted with single row hedees consistent with thc minimum requirements of Division 2.,~, Landscaping and Buffer'inc. Cb). Rear oropcrrv boundaries Iolhcr than those adiaccn! Io road rifts-of, way) shall be planted with a sin_~l¢ row hedge. 'I'Ve hedge shall be a minimum hcigh! of four (a) fcc! at olantin~, olantcd at three (3) feet on center and shall be maintained at a h¢iRht of five (5) feet. I0. II. 12. (3} Curbing: CurbjnR shall be installed and constructed, consistent with minimum code requirements, between all paved areas aod landscape areas, Perimet,er Walls: Automobile ~ervice station sites shall be s~arated from adiacent residentially ~:0ned or resid~tiall¥ develo0ed or0perties by an architecturally designed six (6) foot hieh masoru'3.' wall or fence utilizing materials similar in color. roodule and texture to those utilized for the building. Landscapine lihall be planted on the residential side of the fence or wall. Lighting' All lighting facilities shall be directed away from adioinil'l[' orot~erties. On site luminaries shall be of iow level, jrldirect diffuse t_v~e and ~hall not exceed a height of greater than tv.'entv feet above finished re'adc. Liehting located underneath a canopy shall be of low level, SDdirec! diffuse type designed to provide light onlv to the Bumr~ island areas located underneath said canopy. Rcst Rooms: All rest rooms shall be located inside or to the side or rear of the building. $ienage: As required by Division 2.5, $igna~:e and the following regulations: Accent lightint and back lighting is prohibited on canopv structures. P01e sign;; are prohibited. A sintle ground sign shall be vermitted Der ~;ite, not to exceed si:,tv {60} square feet in area. Ground siens shall be limited to fifteen ¢15~ feet in heieht. The sien ~;hall be placed withir~ a 209 squarq foot landscaved area. [ ' X~.(~') "~ ! ,2.6.28.2 13. [ll.uminated sillnage, logos, advertising and information arr' prohibited above :~as pumps. The number ofon-premises directional signs shall be limited to two (2) signs per entry/exit. Signa~e identifying air, water and vacuum apparatus shall be limited to a total of four (4) square feet in area. Trash Storage: As required b.v Section 2.6.15, a six foot hiv, h enclosed trash area to be inte~ated with the design of the service station shall be provided. 14. Storage TanL,: Storaee tanks shall be located below m-adc. 15. Outside displm, of?roduct$: There shall be no outside displays of products, stackin2 of tires or other merchandise. 16. Entrance and exit: No automobile serMce station shall have an entrance or exit for vehicles within 200 feet alone the same side of a street as a school, public play .m'ound, child care center, church, hospital, public libra~', or an,,' institution for dependents or for children, except where such property is in another block. Building colors and color handing on cano?v structures: Color accent bandine on easoline canopy structures and all other structures is prohibited. Canopies shall be of one color· consistent with the predominant color of the principal structure, if applicable. The colo." of al! structures on site shall be ofsofl earth tones or 18. pastels. l~!3'os;t'ucturc for generatot'.~: Each automobile se~'ice station .,shall provide the necessa~' infrastructure and pre-wirint in order to provide the capabilities for generator service in case of emergencies. ?.rcel*tion& ]. Locational and site standards in accordance with subsection 2.6.28.1.(] I - (5), shall not apply to, nor render non-conforrnin2, an,,, existing automobile sec'ice station or any automobile service station within Planned Unit Development (PUD) in which a specific architectural renderine and site plan was approved as part of a rezonJn~ action, prior to the effective date ofthis amendment. 2.6.28.3 ,2. However, existing ,automobile ser, Sce stations which may olherw{se b~- rgndered nonconforming by the provisions of subsection 2.6.28.1. (6) - (18). or any Other applicable standard, excq~t for automobile service stations within a PUD as described above, shall comply with applicable subsections of Division ].$, Nonconformities. Operational Standards. In addition to the retail dispensing of automobile ..fuels and oil, only the foIIo',ving sen'ices may be rendered and sales mad,, excel as indicated: Sales and sen'icing of spark plugs, batteries, distributors and .distributor parts. .Sales, mounting, balancing and repair oftires and wheel alimaments, but not recapping of tires. Sales and replacement of water hoses, fan belts, brake fluid, !i~htbulbs, fuses, floor mats, v,'iper blades, ~ease retainers, wheel _b.earin~s, shock absorbers, mirrors, exhaust systems, and the like. 4 .l:'rovision ofv.'ater, antifreeze, flushing of the coolin,v., system, air conditioning recharge, and the like. 5. Providing and repair/ne fuel pumps and lines. .,Minor motor adjustments not involvine removal of the head or crankcase. '7 ,.1,9 .Greasing and lubrication. Sales of cold drinks, candies, tobacco and similar convenience goods for service station customers, but strictly and only as accessory and incidental to the principal business operation. Provision of road maps and other information. No mechanical work shall be allov,,ed outside of the enclosed areas. .11. Oil drainalze pits or appliances for such purpose or repair purpose.,'. shall be located within a wholly enclosed building. .Uses permissible at an automobile service station do not .major mechanical and body work, straightening of frames c pans, steam cleaning, painting, welding, storaee ofautomo (excem as expressly permitted in para~aph 13 below), co,~ Iud,' ~[ ~~" · body 'ile~JUN 2 ,3 1998 mercial .2.6.28.a. garage as.an accessory use, or other work inx'olvine, undue noise~ glare, fumes, smo.ke or other characteristics to an extent creater than normally found in such stations. An automobile service, station is not a facility for the sale of automobile vehicles, a repair garage, a body shop, or a truckstop~. !3. The temporal, storage of vehicles shall be permitted if the v ' . '" . ehmle~. a_re to be serviced at the sen'ice station or if the vehicles have been towed by the service station and are being held for sen'icing, for an insurance company or for salva.~e. Any such vehicle(s)~ o_ther than those vehicles serviced daily, shall be stored within an area surrounded by an opaque fence not less than six (6) feet high .Said vehicles shall not be stored longer than sixty ('60) days. 14. Washing and polishing of automobiles and sale of automobile .washing and polishing materials, but this onlv allows auto detailing .as an accessory use, but this provision does not allow cam'ashe~ excem in those zoning; districts where a cam'ash is a permitted usel and where such cam'ashes shall be subject to criteria specified i,, .the zoning district. Waiver of distance requirements. The board of zoning appeals may, by .resolution, grant a waiver of part or all ofthe minimum separatio, requirements set forth in section 2.6.28.1. ifit is demonstrated bv tht- a¢¢licant and determined by the board ofzoninv, appeals that the s/t~'~ proposed for development of an automobile service station is separated from another automobile sen'ice station bx' natural or man-mad, boundaries, structures or other features which offset or limit the necessity /gr such minimum di~;!an.ce requirements. The board of zoning appeals .dec/sion to waive part or all of the distance requirements shall be based u.u. u2_on the follo,.vinq factors..' .Y,'hether or not the nature and type of natural or manmade .boundary, structure, or other feature lying between the proposed establishment and an existing automobile service station is .d. etermined by the board to lessen the impact of the proposed sen'ice station. Such boundar3.', structure or other feature may include, but not be limited .to, lakes, marshes~ nondevelopab[- '+.'etlands, desi~ated preserve areas, canals and a minimum of~ four-lane arterial or collector ri~,:ht-of-wav. hours or ifin additi n t r in lieu ofservicin the station food, gasoline and other convenience items during daytime .nighttime, or on a 24-hour basis. Whether or not the automobile sen'ice station is only engaged the sen'icing ofautomobiles during regular, daytime busines.. dUt 2 3 1998 Whether or not the sen,ice station is located within a shopping center primarily accessed by a driveway, or ifit fronts on and is accessed directly from a plaited road right-of-way. Whether or not the m'antin~ 9fthe distance waiver will have an .adverse impact on adjacent land uses, especially residential land .uses. 2.6.28.4.1. ..Waiver request submittal requirements. The request for an automobile se. rvice ,station waiver shall be based on the submittal of the required application, a she plan, ,"md a written market study analysis which iustifie~ a need for the additional automobile service station Jn the desired location. .The site plan shall indicate the following: 1_, _The dimensions ofthe subject property. vehicular points of into'ess and e.Kress. Corer>fiance with all requirements of this code includinv, the location of the structures on site, landscaping, off-street parking:, site circulation, architectural design guidelines, and si.~na~e 4 .4,11 proposed buffer areas. The site plan shall also indicate the layout and type of land uses surrounding the subiect property within 500 feet. The site plan shall show the layout of the road on which the proposed station fronts or to which access is provided, includin~ the tvve of road, the n.umber of lanes, and the location of intersections and turn lanes, median locations and median widths, for a 500 foot distance from the subiect parcel. 2.6.28.4.2. Additional conditions. The board ofzoninv, appeals shall have the right to add additional conditions or requirements to its approval of a distance waiver request in order to insure compatJbiliw of the automobile service station with the surrounding area and the ~oalq and objectives of the Growth Mana~:ement Plan. -,,.- JUN 2 3 1998 !LLI,JSTRA rlQN I ~ ff.%~/r~~~.:~, ,_~: .... ". · ~.,~'- % ~,~., c .... ~ ~ ~~~'.': '~'~3" ~ ~y~ ~ r~:.',~ - ~.~ ~] : , --- ~;~' ~rEn -" / ~, .._ I ~ , ~LE now ~ 2o' '-~ ~ ', ~. _ ' ~ - ' ~'~J ' ' ~ SPAC~G ~ ~ ).1 ~~~'~%~ ' -- ' ~ PALMS BUFFER I ~'~. ~, ~ ' OHR~ & '%, ' MAX I .0 W. G~O~ " ~ET~EN EDGE ~ -~. TR[[S ~N 3 PALMS P~R CLUST[~ -~AT PA~NT .AUTOMOBILE SERVICE STAT ON R.O.W. LANDSC,,APE REQUIREMENT~ ORIGIN: Community Development & Environmental Ser~'ices AUTHOR: Bryan Milk, Principal Planner Tom Palmer, Assistant Count)' Attorney DEPARTMENT: Planning Sep, Sces LDC PAGE: 2:215 thru 2:222 LI)C SECTION: 2.6.35.2. and ,_.6.35.6.~. Communication Towers CHANGE: To amend provisions of Section 2.6.35. for the purpose of defining antennas; establish a minimum setback of 75 feet for communication towers 75 feet in height or less located in commercial and industrial zoning districts adjacent to residential zoning districts; and thru the conditional use process provide the ability to review a communication tower in the agricultural zoning district on sites that comprise less than 20 acres. REASON: This amendment provides specificity to antenna's; provides development regulations for communication towers up to 75 feet in height in commercial and industrial zoning districts; and provides thru the conditional use process the ability to review a communication tower in the agricultural zoning district on sites that comprise less than 20 acres. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend the Land Development Code as follows: 2.6.35.2. Definitions. As used herein "antenna" does not include ['a,) wire antennas or (b) 'receive only' dishes that have an outside diameter of less than fo~' (40) inches. A "tower" is a structure for the primary purpose to raise the height of an antenna. An "antenna structure" is a base, stand, or other method of stabilizing an antenna but the primary purpose is other than raising a height of an antenna. "Effective radius" means a radius of six miles from the respective tower unless a lesser radius is approved. "Lesser effective radius" means an approved radius of less than six miles. "Zoning district" includes areas within planned unit developments (PUD) that have density requirements similar to those specified in this section. "Ail," "any," and "each" means exempt and nonexempt towers, structures, and owners unless the context clearly indicates otherwise, but does not include old towers or old sites except in subsection 2.6.35.6.13 rqI.ate.d to inspections. An "old" tower or site means a tower or silo thal2;"_o,,'~ "~(,~) approved prior to the effective date of Ordinance No. 91-84. A "new" JUN 2 4 1398 2.6.35.6.2. tower or site means a tower or site that requires approval under this section. An ",,pproved" tog'er or site is a tower or site that was approved under Ordinance No. 91.84 or is approved under this section. "Owner" refers to a sole ow'ncr or an)' co-ov,'ner. "Rent" means to rent. lease, or otherwise provide tower or site space. "Monopole communications tower" means a commercial vertical single tubular self-supporting tower for non- parabolic antennas with small effective radii. "Unavailable to the applicant" means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant's tower. antenna, and related facilities. "Unavailable" means that no additional tower or site capacity is available to anyone. "County manager" includes designees of the county manager. The singular includes the plural and vice versa unless the context clearly indicates otherwise. "Government" means the United States government and an5' agency thereof, the State of Florida and any agency thereof, any municipal corporation and an)' agency thereof, Collier Count.,,' and any agency thereof, and any district. Except as to monopole communications towers, and structures and antennas that are limited to 20 feet or less in height without conditional use approval. heights of tog'ers and structures specified herein are exclusive of an',' antennas affixed thereto and are exclusive of the respective ground elevation. Permit'ted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use subject to other applicable provisions of this section, including separate requirements and shared use provisions. Tov,'crs that exceed those specified maximum heights require '""'"'~:':"'"~' ............ ' variance in accordance with Section 2.7.5. All commercial and industrial zoning districts: An.,,' tower up to 75 feet in height is a permitted use ..,..,..~ ......... n .... um ;'ard ,~ provided the base of such tov,,'er is separated from the nearest boundary of any parcel of land zoned RSF-I through RSF-6. RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six re.sjde.ntial dwellinR units or less, by a minimum distance of 75 feet. An)' tower that exceeds 75 feet in height up to a height of 185 feet is a lawful use only if permitted or othenvise provided in the respective zoning district and the base of such tower is separated from the nearest boundary of an.,,, parcel of land zoned RSF-I through RSF-6, RMF-6, E, RMF-12, RMF-16. RT. VR, MH, TTRVC, or PUD zoning of six residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minimum separation distance is 2 V: times the height of the tower.) Towers which do not meet the separation requirement ma~.;' a_pp.~, for a variance in accordance with section 2.7.5. ,.: "~ '_,.~2 C71.,) JUN 2 4 1~8 Agricultural zoning districts within the urban designated area: Tov,'ers not exceeding 200 feet. 3, Agricultural zoning districts within the rural designated area: Towers not exceeding 280 feet. Ali agricultural zoning districts: No tower that exceeds tv;e, hundred and ei~thty (280) feet in height exclusive of any antenn~ ~ shall be allowed on any site comprising less than 20 acres under common ownership or control except such en ,,~.4:,:^,.,,,~ ..... :,.. wh¢;'e towers can be approved as a conditional use on sites of less than 20 acres if the tower must be located in the ge~neral area of the _pronose.d site and the applicant _c.annot with_economic feasibility acquire title to or control of t'by [ease, etc.) a suitable tower site of at least twenty (20) acres in th,- r_eouired geographic vicinit3, of the proposed tower sit,-. 2.6.35.2. LDC AMENDMENT/BM/md.,'H: AUTHORS: Thomas E. Kuck, P.E., Enginccr/ng Review Manager John R. Houldsworth, Senior Engineer DEPARTMENT: Planning Sc'ri'ices LDC Page: LDC 3:9; LDC 6:49 LDC SECTION: Section 3.2.4.10.1 of Division 3.2, Subdivisions; and Division 6.3, Definitions CHANGE: Require Rural Area Subdivisions to submit a Preliminary and Final SubdMsion Plat REASON: To be consistent with Florida Stat'ute 177, wkich requires planing of a subdivision of thr~ or more Lots or Parcels. To provide the Board of County Commissioners and the General Public a Public Hearing process during the permitting ora Rural Area Subdivision. The County has had two Rural Area Subdivisions in 1997, both ofwhJch have been controversial, and only one had any sort of public hearing. FISCAL & OPERATIONAL IMPACT: The County receives $425.00 plus $4.00 per acre for reviewing and processing Preliminary and Final Subdivision Plats. Additionally, review and inspection f'ees are collected for "required subdivision improvements". RELATED CODES OR REGULATIONS: Florida Statute 177. Division 3.2 Subdivisions 3.2.4.10,1 Exemption from platting and subdivision regulations. The division of property, .o. ccurring prior to July ~, meeting the definition ofrural subdivision shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in d/vision 3.2. Thesubdivisio o r rt'e ccu 'n after ul 15 1998 shall not be exem t from la tin and li a relimi ubdivisi n lat P .However the a-.p-~li~./_re uired u 'vision ' r vements and standards as set forth in LDC ~on 3.2.8_.3~ Required Improvements l~hall be determined _by the DevelopmenA ~ervi~.es and E~vironmental Se/"vice. s Admim_'strator on a ca~e by ca,ie basis The a_.DA~l/c, ant throu h the Preli 'n u divi ion Plat P r cess ma r ~es'~waivers om certain"r u/redi r v t". ' · · ' ' .........~, ......... in "~-,,:-,- ,.2.4, !O. _The subdivider and urp_qr.q~erof roe race/in definition a of Rural Subdivision shall eom I with Sections 3.2.4.10.2 throu h 3.2.4.10.4 of this code. The division of property not meeting the definition of rural subdivision is required to comply with all requirements ofdivision 3.2. 3.2.4.10.2 Deeds and other conveyances. All deeds and other conveyances for properties meeting the definition of rural subdivision l~pursuant to division 6.3 (a)) shall include in ten-point type the following statement: JUN :2 :t 1998 Page 2 LDC Amendments "NO GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR THE MAINTENANCE. UPKEEP OR IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS. STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED". 2.2.q.!0.2 Building permits for rural subdivisions. Building permits will not be issued until the final r~lat is recorded. Prior :o '~-": ........ cfa k,,:~: ..... ;,r ...... · -.,,., pre~',"ty :n ,r,.. ,..... Ce55 to /r.~,,~, ~..,.,,,,.~.,r~ .... ~'" surface a minimum ^r ~n feet; .... ;.%r:,. o~ r2 ' idth 3.2.4.10.4 Access agreement. The owner of property applying for a building permit, which by .definition in dMsion 6.3 (a) is deemed to be a rural subdivision, shall execute a release and waiver agreement which shall be executed and recorded at the applicants expense in the official records of Collier Count)'. The release and v,'aiver agreement shall be in a form approved by the county attorney or his designee, and shall include, at a minimum, the following provisions and a copy of the recorded agreement submitted with the property owner's building permit application: (a) through (l) of this Section remain unchanged JUN 2 4 1998 /t'9 ORIGIN: Community Development and Environmental Services ALrFI:IOR: Jeremy D. Battis, M.C.P. DEPARTMENT: Metropolitan Planning Orgarfization LDC PAGE: 3:73 LDC SECTION: 3.3.5.5.5. CHANGE: To add a provision to infrastructure improvement plans detailing improvements to provide for non-motorized vehicle circulation. To add a provision to reduce obstacles affecting the disabled. REASON: The absence of a provision for non-motorized vehicle circulation for county roads is obviously an oversight inasmuch as the provision exists for PUDs and commercial properties. The amendment is intended to remedy this omission. The provision for the reduction ofobstacles to the fight of way is intended to provide greater mobility to the disabled. Amend the LDC as follows: 3.3.5.5.5. Infrastructure improvements plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards of division 3.2 and any current county, ordinances, regulations, policies and procedures which consists of, but are not limited to, the following items: A cover sheet setting forth the development name, applicant name, name of engineering firm, and vicinity map. improvements for water and sewer service as needed or as may have been specified during a preliminary site development plan review prepared in conformance with Collier County Ordinance No. 88-76 as amended. Improvements for roadway, motor vehicle and non-motorized tra~o circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the preliminary site development plan review, prepared in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate). Non-motorized circu.!atign is defined as movement by persons on foot, bic cle or o h r hu a - owered device. Non-motorized circulation is considered satisfacto where sidewalks and bicycle facilities are provided in a fashion no less comprehensive than as outlined under LDC 2.8.3.4. and sections 3.2.8. Special attention shall be given to the needs ofthe disabled as prescribed _by the Americans with Disabilities Act of 1990. The absence of .obstructions in the public right of way shall be demonstrated, including provisions for safe and convenient street crossing. Sidewalks and bik,- p.aths at intersections shall continue to the edge ofcurb. JUN 2, 3 1998 w d ' ath at ch c ruerofa ' ' n. ur s all aminimumof 6 inches in width Md shall pot ri~,;e at ~ ratio _re'eater t_han as outlined by the, .F,iorida A~c~ssibiliw Code for Buil.din~t Construction, qllllllllllll ros walks shal] be r uired at an intersection where the distance to the _near.est crosswalk is .greater than 1000 feet. Improvements for water management as needed or as may have been specified during the preliminary site development plan review, prepared in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate), and pursuant to South Florida Water Management District rules, chapter 40E--4, 40E-40 and 40E-41, Florida Administrative Code. JUN 2, 3 1998 -,%.9__. All necessary standard and special details associated with sections 3.3.5.5.5.2 through 3.3.5.5.5.4 above. Written technical specifications for all infrastructure improvements to be performed. Engineering design computations and repons for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. Topographical map of the property which shall include the following: ao Existing features, such as, watercourses, drainage ditches, lakes, marshes. bo Existing contours or representative ground elevations at spot locations and minimum of S0 feet beyond property line. c. Benchmark locations and elevation (NGVD). Site clearing plan and method ofvegetation disposal. JUN 2, 3 1998 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara S. Burgeson, ES II DEPARTMENT: Planning Services LDC PAGE: 3:130 LDC SECTION: 3.9.5.2.6. CHANGE: Language added to Section 3.9.5.2.6. to allow for an exception to the quantity and size of the replacement vegetation. REASON: To encourage property owners and managers to remove non-native plant species, which have invasive growth habits, by reducing the replacement size from caliper for caliper to a 1 :I ratio at the mitigation sizes listed in Section 3.9.5.5.4. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.9.5.2.6. Protected vegetation proposed for removal is non-native. Replacement of non-native vegetation shall be with native vegetation of comparable caliper and area and shall be subject to the approval of the development serx'ices director or his/her designee. In the event that comparable caliper or diameter at breast height (DBH) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping be accepted. (Exceptions will be granted, for removal of !~gn-native vegetation as listed ir~ S¢cti0ns 2.4.4.9-2.4.4.11. Thc reply.cement requirement fgr this vegetation shall be on a 1:1 basis, using the minimum mitigation size ,criteria listed under Section ~3.9.5.5.4.) Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.6. LDC AMENDMENTfBSB/md/H:MAR. IE'S LDC JUN 2 4 1598 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara S. Burgeson. ES II and Robert J. Mulhere AICP. Planning Sen'ices Director DEPARTMENT: Planning Sen'ices LDC PAGE: 3:132 LDC SECTION: 3.9.5.5.5 CHANGE: Language changed in Section 3.9.5.5.5 to allow for Administrative exemptions to the preservation requirements in 3.9.5.5. REASON: To give exemptions to specifically identified property owners, so that they do not have to protect any required percentage of existing native vegetation. This is done in cases of extreme hardship such as the Naples Memorial Gardens Cemetery, which is the only cemetery in Naples and needs to expand to the maximum extent possible, to service the residents. ENVIRONMENTAL ADVISORY BOARD (EAB) RECOMMENDATION: The EAB at it's regularly scheduled meeting on May 6, 1998, reviewed the proposed language change to Section 3.9.5.5.5. The Board made a motion not to support Staffs proposed language change and that any requested exemptions to the preservation requirements of 3.9.5.5 should be brought in front of the Board of County Commissioners as a variance, on a case by case basis. The EAB discussed the amendment again at it's June 3, 1998 meeting. They amended their motion to make it a two part motion. In the first part the.',' supported the clarification of bona fide agricultural uses. In the second part of the motion the)' did not support the proposed language change that gave administrative power to waive presen'ation requirements. They felt that (as their Ma)' meeting motion stated) any requested exemptions to the presen'ation requirements should be brought to the BCC as a variance, on a case by case basis, which would allow the public to give their input. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC concluded that the amendment as proposed was acceptable following remarks by Mr. Paul Hinchcliffofthe EAB in opposition to the proposed amendment. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.9.5.5.5. Bgna fide Aagriculture_al uses shall be exempt from preservation requirements provided that any new clearing of l agriculru.re~al uses shall not be convened to nonagricultural the above levelopment JUN 2 4 1~95 for at least ten years. For the purpose of this section, the term bona fide agricultural uses shall include: the followinu: crop raisin~t; dairy farming; .h0rticuhure; fruit ~d ~nut production; forestry; groves; nurseries: ranching; poultr3' and egR production; livestock raising; and a~ricultur,' .for native species subject to State of Florida Game and Fresh Water fish Commission permits A~,d .....,~- ...... : ..... ,,- ..,",-~,:,-,~ ............... · ~ ...................... 2.~.2& For an), such conversions in less than ten years, the convened land will be restored with native vegetation to the degree required by this code at the time the cleating occurred. The ¢ommunity Development &. ~Environmental Servic~:s Administrator or his/her designee max.' grant .V, Tirten exemptions to the above preservation requirements, on ,agriculturally zoned properW, for e~;.sential public services fas provided fo, i_n Section 2.6.9) and cemetetie;;, wh~:re it can be demonstrated that it is in the best interest of the general public to allow a reduction in all or pari from the requirements for preservation ofexistinR native vegetation. 3.9.5.5.5. LDC AMENDMENT,'BSBtmd/H:MARiE'$ LDC JUN 2 ¢ 1~98 [ I .... _....J ORIGIN: Commttnity Development & V, rwir(mrncntal ,qcrviccs AUTHOR: Ronald Nino, AICP David Weeks, AICP DEPARTMENT: Planning Services LDCPAGE: LDC 6.21 LDC SECTION: DMsion 6.3 CItANGE: To revise the definition of Dwelling, single-family or one-family to qualify provision which includes a mobile home and further provide that a mobile home is only allowed in the Mobile Home district or as otherwise expressly permitted. REASON: When the current definition ora single family detached was crafted and adopted it was never intended to allow a mobile home as opposed to a manufactured home in residential zoning districts. By virtue of this exclusion the current definition, one may argue allows a mobile home within any district that allows a single family detached dwelling. As a consequence this amendment is intended to clarify the definition by providing that mobile homes are only authorized in the Mobile Home district or as otherwise allowed as a temporary use. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend thc Land DeVelopment Code as follows: l)wellinn~, Sin. F, le-Family or One-Family: A building which 1) contains only one (I) dwelling unit: 2) is intended, designed, used and occupied by no more than one (1) family; 3) meets the minimum width across any front, side or rear elevation of twenty-four (24) feet; and 4) meets the minimum floor area and maximum height requirements of this Code. The following conditions are as much a part of the definitions as the principal definition: The dwelling shall comply with the minimum square footage requirements for single- family dwellings of this Code for the district in which it is located. bo The dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the County Health Department. Co The term single-family dwelling may include manufactured homes when placed on permanent foundation. Manufactured homes must meet minimum width, minimum footage, maximum height and all other requirements applicable to on-si~'~~,~) square dwellings. JUN 2 4 1598 On-site built as well as manufactured homes must be firmly attached to a permanent foundation constructed on the site in accordance with the County Building Code. In the event that a dwelling is a mobile home, it must compiy with minimum width and minimum square footage and must be secured to the premises by an anchoring system or device complying with the rules and regulations of the Florida Mobile Home Commission. Each mobile home shall be installed with the wheels under carriage or chassis. A mobile home complyi.ng with the rul.es 0nd regulations of the Florida Mobile Home Commission l;h.ali not be. considered a single family dwelling. A mobile home :;hall not be permitted in zoning ,districts which allow single famil~ dwellings as permitted uses ur. less the term mobile home is expressly stated as ;, pc. trained or conditional use. DIV 6.3. LDC AMENDMENT/RFN/md,q-I:MARIE'S LDC LDC Amendments Page 3 Division 6.3 Definitions l~uralSubdivision: The division ora parcel of land within the rural area as defined herein, whether improved or unimproved, into .'-:.~ three or more contiguous parcels of land each of which is five aere~ or greater, and not including any change in a public street, rights-of-way or access easement. The following prior or future divisions of land shall constitute the subdivision of rural lands: (a) Lots or parcels within the rural area that are a lot(s) of record as defined herein and identified on the tax roll as of December 31, 1993 or valid contracts for deeds as of the same date, provided they have a private easement reserved or recorded in the public records or a public or private right-of-way that has access to an easement as of December 31, 1993; or, Lots or parcels five acres or greater that are created after December 31, 1993 and prior to July 15, 1998 that gain access through the grant ora private access easement or private right-of-way. . . Lots or parcels five acres or greater that that are created after ~ 3 !, 1993 ,Iuly 15, 199.8 that gain access through the grant of a private access easement or private right-of-way. This form ora rural ,ubdivision ~;,hall not be exempt from the preliminary subdivision Plat (PSP) process. ,However, required subdivision improvements and stand&rds l~hall bc reviewed by the Community Development and Environmental Service5 Administrator on a case by case basis, Wordl; underlined are .added JUN ~ ~ 1Sg~ LDC PAGE: 6.53. LDC SECTION: 6.3. CHANGE: Definition of construction sign. REASON: To clarify what constitute a construction sign. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: Sign, construction: A temporary sign placed in advance of issuance of a certificate of occupancy of a building or structure indicating the name of the building or structure, the architect, the contractor, and other similar information regarding the building or structure. Construction signs ,shall not contain any promotional or sales m~t~rial, (See Division 2.5.) JUN 2 ORIGIN: Engineering Review AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager DEPARTMENT: Planning Services LDC PAGE: LDC B:4 - LDC LDC SECTION: Appendix B Typical Street Sections and Right-of-Way Design Standards CHANGE: provide sidewalks five feet in width on both sides of all local roads and for cul-de- sacs serving over 12 lots, sidewalks 5 feet in width on both sides of commercial and industrial roads, sidewalks 6 feet wide on both sides of minor collector roads with a 4 feet bike lane on one side of roadway, and sidewalks 6 foot wide on both sides of major collector roads with 4 feet bike lanes on each lane of roadway. REASON: To be consistent with Division 3.2 of the Land Development Code and comply with recommendations of the Traffic Management Task force (November 1995). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC §3.2.8.3.17 Appendix B: Typical Street Sections and Kight-of-Way Design Standards Replace pages LDC B:4, LDC B:5, LDC B:6, LDC B:7 and LDC B:8 with revised pages .LDC B:4, LDC B:5, LDC B:6, LD¢ B:7 and LDC B:8. APPENDIX B LDC AMENDMENT/TEK/md/H:MARIE'S LDC JUN 2 4 1998 ORDINANCE NO. 95- AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102, AS AMEN'DED, TIlE COLLIER COL'N'T¥ LAND DEVELOPMENT CODE. WHICH INCLUDES THE CO.%~?REHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, F1NDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWI,NG: ARTICLE 2, ZON'ING, DIVISION 2.2. ZONING DISTRICTS, PEILMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION' 2.5. SIGNS; DIVISION 2.6. SUPPLE.MENTAL DISTRICT REGULATIONS: ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION' AND PRESERVATION: ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING. BUT ,~OT LI,MITED TO TIlE DEFINITIONS OF SINGLE FAMILY DWELLING. RURAL SUBDIVISION AND CONSTRUCTION SIGN: APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-WAY STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY: SECTION FIVE, [NCLL'SION IN Tile LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WIIEREAS. on October 30. 1991. the Collier Count... Board of Count,. Commissioners ad Ordinance No. 91.102. the Collier Count... Land De~.elopment Code theremafler LDC). ~hich has°b~ subsequently amended, and WHER[:..\S. the [.DC' ma> not be amended mote ~ha,n l'~,o times mn each calendar .,.em ;'ursuan: to Section I 10 ! . kDC. and ¥,'ttEREAS. th~s ts '?,e Ii:st amendmem to :he kDC. Ordinance 91-It.~2. m th~s calendar .'.ear. and WHEREAS. on .',.larch 18. 1997. the Bo~d of Count', Commissioners adopted Resolution 97.177 es~abhshing local requirements a~d procedures for arnendmff the LDC: and WHEI:~EAS. all requirements of Resolution 97-177 ha~.e been met; and WHEREAS. the Board of Count...' Commissioners. in a marmer prescribed by la,.,., did hold advertised public hearmgs on June 10. 1998 and June 24. 1998. and did take action concemmg these amendments to the LDC. and ~,~.'H£REAS. all applicable substant,.e and procedural requ~rernems of the la'.,, ha,,e been met NOV.'. TtfEREFORE BE IT ORDAINED b.v the Board of Count...' Commissioners of CoLlier Count,,,. Florida. that: SECTION ONE: RECITALS I'onh. The Ibregomg recitals are true and correct and ~ncorpora~¢d b> referen v,.'or~ls ;::-~:~ :~;~.~iv. are fl¢lct¢cf. ~,ords ~ are added. I SECTION TWO: FINDI,~GS OF FACT Thc Board of County Commissioners of Collier County. Florida. hereby makes the fo/lowing findings of fact; I. Collier Count.,.. pursuant to Sec. 16.3.3161. et sea, Fla. Stat.. the Florida Local Go:.'erru'nent Comprehensive Planning and Land Development Regulations Act ehereinafter the 'Act"}. is reqmred to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan. the Act and in particular Sec. 16.~-.~.0_{I). Fla. Stat.. mandates that Collier County adopt land development regulations that are consistent ,,,,.irh and implement the adopted comprehensive plan. 3. Sec. 163.3201. Fla. Stat., provides that it is thc intent of the Act that the adoption and enforcement by Collier County of land de,..e~opment 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(IXb), Fla. Stat.. requires that all land development regulations enacted or amended by Collier County be consistcnt v, ith the adopted Comprehensive Plan. or element or portion thereof, and any land development regulations existing at the time of adoption which ate not consistent v, ith thc adopted Comprehensive Plan. or clement 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 usc of innovative land development regulations. ' 6. On Sanua.q,.. 10. 1989. Collier Count,,' adopted the Collier Count>' Growth Managemem Plan ~'hereinafler the "Grov,'~h Management Plan" or'"GMP") as its Comprehensive Plan pursuant to the reqmrements ol'Sec. 1634.3161 et _seo. Fla. Stat.. and Rule 9J'-5. F.A.C. 7. Sec. 163.319.~111(a). Fla. Stat.· mandates Ihat after a Comprehensive Plan. or clement or pomon thereof, has been adopted in conformity ~,,ith the Act. all development undertaken bv. and all actions taken in regard to de~.elopmenl orders b~i go',ernmemal agencies in regard to land co',ered b,, such Comprehensi,,e Plan or element or pot'llon thereof' shall be consistent ~,.~th such Comprehensive P'lan or element or por'l~on thereof. 8. Pursuant to Sec. 163 319al'3)la). Fla. Stat.. a development order or land de'.elopment regulation shall be consistent ~.'ith the Comprehensive Plan il'the land uses. densities or intensmes, in the Comprehensive Plan and il' it meets all other criteria enumerated by the local go'.'erru'nent. 9. Section 163.3[94(3Xb). Fla. Stat.. requires that a development approved or undertaken by a local go',ernment 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. promote, protect, and improve the public health, safety, comfort, good order. and general well'a.,'e of Collier Count,,': prevent the overcrowding of concentration of population: facilitate the adequate and efficient provision sewerage schools, pa.,'ks, recreational facilities, housing, and other requireme~ 10. On October 30. 1991. Collier Count?' adopted the Collier Count.,,' Land Development Code. ~,.hich became effective on No',ember 13. 199[ and may be amended t,,,.ice annually. II. Collier County finds that the Land Development Code is intended and necessat-,, to prese~.e and emhance thc present advantages that exist in Collier County: encourage thc most appropriate use of land. ~'ater and resources, consistent with the public interest: overcome present handicaps: and deal et'fectively ,,,,ith future problems that may result /'rom thc use and development of I~d within the total unincorporated arc of Collier Count.,,' and it is intended that this Land Develoomenl. Codc prcscr','e._. deleted, words ~ ~re added 2 appe .a.r~. ce. convenience. d and 'avo'~ ~'h-'~' 'undue of transportation. ~,ater. ...... 8'3 . develop, utilize, and protect natural resources within the jurisdiction of' Collier County; and protect human, environmentaJ, social, and economic resources; ~nd maintain thzough orderly growth aad development, the cha. ra~:ter and stability of' present and f'utuze land uses and development in Colli, Count)'. 12. It is the intent ofthc Board of'County Commissioners of'Collier Count,., to implement the Land Development Code in accordance with thc provisions o'. the Collier County Comprehensive Plan. Chapter 125. Fla. Stat., and Chapter 163. Fla. Stat.. and through these amendments to the Code. SECTION THt;LEE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.Ar AMENDMENTS TO ZONING DISTRICTS, PEILMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses. Dimensional S~andards. of Ordinance 91-102, as amended, the Collier County Land Development Code. is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PEILMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.5. 2.2.5,4.1. 2.2.5.4.2. Residential multiple-family - 6 district (R.MF-6). Dimensional Standards: The following dimensional standards shall apply to all permitted housin; ~tr,octure tvpe~, accessory, and conditional uses in the R. MF-6 district. Minimum Lot ,4rea: £ing]e c._:~, dup!rx A_~ r~_:~..4.._.e.g.. -~ ',.tn r-_. Smile Familr: 6.500 square feet except as t~rovided .at Secfign '~ '~ ~ 4 7 and 26 .... ,-. 27. 7'wo-Fomily: 12.000 $cluare feet except as l:,rgvided at Sectign [l~re¢ or more D~s¢lling ~.'nit .¢;tructt~r¢,;: $,~00 square f, eet e'er d',',cllinq unit except as ,h, grein further provided Minimum Lot II'idth: One h'-:ndreg fcc: .?infzle Faro/l? 1}~) ~hr¢e or more Da'elli~ L~it $rr~cturO' I00 feet Minimum }~rd Requirement~ (except as further provided at ~ectign ~.~.27). ~ F.-cx: }"ce'J: 35 Words ~ iu'e ~letcd, words ~_ndcrfin¢~ arc added. 3 The followimt minimum va,rd r~ouJrements a~ in r~lation to olarted I~undari~s: One ¢Sin~lel F~milv . Two Unit.'FamiJv Front Yard Mipjmum Yard gear yard 2Y 7 '/I' 2o' 25' 10'° 20' Three or Mot? Family Dw¢llimz l,,:nits Where fee simo!¢ lots are created for each dw¢llimz unit siqJ¢ y~ds are measured from thc' outside wall of the orincioal structure wiih,in which !he dwcllinR unit is located. 2.2,5.4.7. Development Standards for Non-Conforming Lots of Record: ..... r ..... :C ...... ~ Nothinlz her~'in cqntai0ed shall prqhibit thc usc of a olaued 19t of record for a sin£1¢' f;~-nilv detached d',,vellinlz unit, irr¢:;l~¢tiv¢ of its dimensional and orca mea~ure~c'lnt~., Combination:s of platted lots of record are 9thet',,vise permitted t9 achieve the ~jpimum ~imensioqal and arc'a requirementS f9r each housing ~tructure type as de,scribed in the foregoing section~;. Sec. 2.2.13. Commercial convenience district (C-2). .Dt$tam'¢ ~t't~, cea structures. If there i,s .a separatiqn belwe.Ch an,.' t'.,,o principal structureq _on the ~me l~arcel, smd separatiQll ~hall ~e a minimum of 15 feet or a di~;ta0ce equal tO one-half the sum of their heights, whichever is the greater. Sec. 2.2.14. 2.~. 14.4. O. Sec. 2.2.15. Commercial intermediate district (C-3). Liehtine. Liehting facilities shall be arranaed in a m,~i'l, ner that prot¢ct~ rqadv, avs and neighboring, Drqpe~ies j'rQm direct glare or other interference. Oi,~tanee het~,'¢en structures If theft i$a separalion ~t,,,,'eep an,,' two pt incipaJ structures on the same parcel, said J;eparati90 ~hall be a minimum Of I~ feet or a distance equal tO one-half th~ sum 9['their heights, whichever h; the greater. General commercial district (C-4). Distance &etween structures. If there is a sel:~ation between a,nv two ohncival structurc,r on the sa. me varcel, said sev~ration shall be a minimum of I$ feet or a distance equal 9ne-half th.e ~gm. 9f thei. r height.% v,'hich¢vgr iS the greater. Words -'.~---.~ :~::-.;;,': are dekned, words unOfrfm¢ff are add, Sec. 2.2.151/2. Sec. 2.2.16. 2.2.16.2. 2.2.16.2.1. H~lvy commerchll dbtrict (C-$). ~Oi rt b tw n t t r ~ w w ' i al t tu on Ih, same varc,,q, saicf sevaration shall lx a minimum 9f l ;5 I'~;¢t or a distance eoual ,., one-halflhe sum of their heilzhts, whichever is th, gr¢i:tcr: Industrial district (1). Permitted uses. The following uses. as identified within the Standard Industrial Classification Manual {1987), or as otheru4se provided for within this section, are permitted as a fight, or as uses accessoD' to permitted uses in the industrial district Permitted uses. Agricultural sen'ices (groups 071 I, except that chemical treatment of soil for crops. fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential z~ning district. 0721. except that aeri,~ dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district. 0722-0724. 0761. 0782. 0793). Apparel and other finished products {groups 2311-2399). 3 Automotive repair, service, and parking fgroups 7513-7549). 4 Barixr shoos (group 7241 Beauty shops or salons {7231 Building construction {groups 1521-1542L .5.-7 Business see'.ices Igroups 7312. 7313. 7319. 73.34-7336. 7342.7389. including auction rooms 15999). subject to parking and landscaping for retail usc }. Communicatmns igroups 4812-4899 including communicat:ons to-.ers up to spccnied heights, subject :o secuon ..6.~. }. .7-0_ Construction - sit, octal trade contractors {groups 1711-17991. g-10 DepositoD' and nondepository institutions {groups 6011-6163) CL.LL, Eating places ($812). · I,¢12 Educational senices {8243-8249}. 1--I- l.~ El¢ctromc and other electrical equipment {groups .3612-3699). J~.L~ Engineering. accounting, research, management and related services tgroups g7II- 8748}. Fabricated metal products (groups 3411-3479.34gl-3499L .[4.,16 Food and kindred products (groups 2011-2099 except slaughtering plants}. Furniture and fixtures {groups 2511-2599) 18 Gunsmith shoos (Izrgup training Hca'.'.,.' construction (groups 1611 - 1629). ~'ords ~ arc deleted, words gndc:rlined arc ~dcd. '*i{h access om' shootinR ran~te for ~~ -1--~20, Health services (8011 accessory to industrial activities conducted on-site only). 4~.2.L, Industrial and commercial rnachinct2:' and computer equipment (3 S l 1-3599), 4-~.22. Leather and Ica~her products (groups 3131-3199). ~4~23, Local and suburban transit (groups 4111-4173). g.1,.24. Lumber and wood products (groups 2426. 2431-24991. 2~.25. Measuring. analyzing, and controlling instruments; photographic, medical and optical goods; v.~atches and clocks (groups 3g 12-387.3). ~,26, Membership organizations (groups S61 I. 8631 ). D~.~., Misc,:llancous manufacturing industries (groups 3911-3999). ~-~.2~. Motor freig, ht transportation ~ w~rehousing {groups 4212. 4213-4225. 4226 except oil and gas storage, and petroleum and chemical bulk s~ations). ~4~29. Paper and allied products (2621-2679). ~-7~30. Personal services (groups 7211-7219). ~4.~.3 I. Physical fitness facilities (799I D~.32. Printing. publishing and allied industries (groups 2711-27961. ;~33 Railroad transportation (401 I. 4013). -34,.34. Rubber and miscellaneous plastics prnducts ~groups 3021.30S2. 3053). ~2,3.5. Stone. clay. glass, and concrete products lgroups 3221. 3251. 3253. 3255-3273. 3275. 3281). .;4,.36~ Textile mill products igroups '~'~11 -- ' ......... - ........ .~-__a'~.__w, 2298). ~4.,37 Transportation equipment Igroups 3714. 3716. 3731. 3732. 375I. 3761. 3764. 3769. 3792. 3799). ;-~.3~, Transportation by air (groups 4.512-4581 except alrpons and flying fields). ;4,39, Transportation scwices (groups 4731-4783.4789 except stockyards). .~7~40.__, United States Postal Service (431 I). 35. !l__: Welding repair (7692). .;,.-94..2. Wholesale trade - durable goods (groups 50t2-5014. 5021-5049, 5063-.5092. 5094- 5099). ,!0.'.3, ",Vholesale trade - nondurable goods (groups 5111-5159. 5181, 5182..~191 except that ~,hole~le distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum orS00 feet from a residential zoning district (S 192-5199). I I..~4.._, Any other use which is comparable in nature with the f, xe~3[fi'~' 'us,.s ~d i~,- o the rwise c, c~rly consistent wi th ,he intent and purpo se s,tcm,;ntof thc dj.~'~.~'"' Words .~;-,;;L :,':,:;u;,':. ate deleted. ~ords ~ndgrlined ate added. 6 2.2.16..L]], Distance between structures If Iher¢ is a sea, station between any r.,,'o Principal szru~tu, res on lhe s~'n¢ oar¢¢l. ~Jd seoar~tion shall be a minimum or one-half lhe sum or,heir heights, whichever is ~h¢ Sec. 2.LI9. Communi~' h¢ilip,.' district 2.2,19.2. Permitted uses. The fbllowing uses axe perm;,ted as of fight, or as uses accesso~, to permitted uses. in thc community facility district (CF). 2.2.19.2.1. Permitted uses. Child cart centers. Churches Nd houses of v. orship, Civic amd cultural facilities. Museums. Nursing homes. ~sisted living facilities (ALF) pursuam to s 400.402 F.S. and ch. 5~A.5 F.A.C.. family c~e facilities, group c~e facilities (caleeo~' I) and cont,nuing c~e residential comm~ities pursuit to s 65[ F.S. ~d ch. 4-19~ FA.C. ail subject to ~ctlon 2.6.26. P~ks ~d playgrounds, nonco~erci~ recreation facilities, o~n space u~s. Public. p~vate ~d p~hial ~h~ls. S~ial ~d f~temal org~i~tions. Educational se~'ices (erouvs 8211 - Sec. 2.2.24 Special treatment overlay district (ST); special regulations for areas of environmental sensiliviD' and lands and structures of historical and/or archeological significance and the Big Cypress Area of Critical State Concern. Development standards and regulations for .4CSC.ST. All development orders issued within the ACSC-ST area shall comply with zr, ~ mort :c:'.ric:i;: :~-...q chapter 28.2I Florida ^dministrativc Code. a~ amended. Boundary and Regulations for thc Big Cypremll ,Area of Critical State Concern. as set forth included b~lov.': All d¢~elooment order~ issued for proi¢¢tS ~ithin the Bi~ ('vpress Area 9f Critical 5tat,e Concern shall ~ transmitted t0 th~ State 9f Florida De~ment of Community Affairs for rev~ ~i~h ~he ~tential for a~al to the administration cgmmi~ion pursu~ t9 chap~er 9J-I. Florida Administr0tix¢ Code, Develovmem Ord¢r Requjrement~ for Arqa~ of ~ritical S~atc Concern. Stte alteratton. Site alteration shall be limited to ten percent of the total site size. and installation of nonpermeable surface shall not exceed 50 percent of any such re'ea. However. a minimum of 2,500 square feet may be altered on any permitted site. r£ release or surfgce r-unoff, collected or uncorlccted, in a manner approximating the natural surface water flow regime oflhc luca. Soils exposed during site aherufion shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runotTand siltation on the constru :tion site. Restoranon of vegetation to site alteration areas shall be substantially completed ~ithin 180 days following completion of a development. Rcvegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Exotic species included arc listed Australian pine Bishopwood Brazilian pepper Mclalcuca Do~y rosemy~le Earleaf acacia Cat¢law mimosa Java plum (Ca.sum'ina spp.) (Bischofia javanica) (Schinus tercbinthifolius) (Mclaleuca spp.) (R.hodomyHus tomentosa) (Acacia auriculiformis) (Mimosa pigra) (Syzygium cumini) No mangrove trees or salt marsh gr'asscs shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all v. etland plants listed by the Florida department of environmental regulation in chapter 1'/-301. Florida Administrative Code. as amended. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide For thc release of storm'*ater as sheet ilo',,, from the downstream end into unaltered areas of vegetation. Access roads to and betv,'een fill areas shall provide for thc passage of ~,.'ater in a manner approximating thc natural flow regime and designed to accommodate thc SO-year storm. Fill areas and related Ponds shall not substantiall.,, retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in an.',' Portion of the estuarine zone. Marumade lakes. Ponds or other containment '.,,orks shall be constructed with a maximum slope of' 30 degrees to a depth of' six feet of water. When mineral extractinn is c~.':'.,pleted in new quarr?'ing lakes, shoreline sloping. planting u( littoral shelves with nurser,.'-grown aquatic '.egetation. restoration or rcvegctation of thc property, and disposal of spoils or tailings shall be completed before abandoru'nent of the site. Existing quan?'ing lakes are exempt from this provision except that whenever any person carries out an activity defined in F.S. § 380.04. as amended, as development or applies for a developmer, t permit as defined in F.S. § 380.031. as amended, to develop any existing quar,~.'ing lake area. these regulations shall apply. I~ Finger canals shall not be constructed in thc ACSC.ST area. This rule shall not a~olv to site aheratiorl~; undertaken in coqne~:tion ~tlricult~ar;~l usc oi' land or ~'or the conversion of land to a~ri~ullural Drainage Words ::;'~:~ sMeu$,~ arc deleted, words undcrtincd are Added. Existing drainage facilities shall not be modified so as to discharge v, atcr to any coastal waters, either directly or through existing drainage facilitics.'~ Existing drainage Facilities shall not be expanded ia capacity or.Jc~th except in cont'ormance v.'ith subsection 2[bi immediately followi~: however, modifications ma)' Ix mdc to cxistini facilities that will raise (he groundwater ~ablc or limit sakwatcr intrusion. blew drainage facilities shall release water in a manner approximating ~1~ natural local surf'acc flow regime, through a spreader pond or performan~ equivalcm structure or system, either on-site or to a natural retention or filtration and flow ~'ta. New drainage facilities shall also maintain a groundwater Ic,,'cl sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or system. Said facilities shall not retain, divert, or othcrv4sc block or channel the naturally occurring flows in a strand, slough or estuarinc area. c. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. This rule shall not aoolv to draina~z¢ facilities modified or cons~ructe~ i~ order lo usc land for a.ricultural our:x~scs or to ¢onv~rn land tg_s:;~;h us¢~. Trar~portatlon Transportation facilities which v.'ould retain, divert or other*'ise block surface water ilo'ns shall provide for the reestablistuncnt of sheet flow through thc use of interceptor spreader systems or performance equivalent structures and shall provide for thc passage of stream, strand, or slough waters through thc usc of bridges, culverts, piling construction or performance equivalent structures or systems. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a historic ground level sufficient to protect wetland vegetation through the ust of weirs or performance equivalem structures or systems ' . ' . Transpo~ation tac,lity construction sites shall provide £or siltation and runoffcomrol ~hrough the usc o£ settling ponds, soil fixing or perform:~ncc equivalent structures or systems. Structure tn.~ta[Iatton bo Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. Minimum low floor elevation permitted for structures shall be at or above the 100-yea. r flood level, as established by the administrator of the federal Flood Insurance Administration. Thc construction of any structure shall meet additional federal flood insurance land management and usc criteria. 24 CFR 1910. as amended, as administered by the appropriate local agency. This ruhr l;h~II not a~l,,' to structure's; used 9r intended fgr ~S¢ ir~ ¢9nn~'~:,9~ ~,'ith the ag,'59ultLlrdl use o~'lhq fan~ ................. ::_:::: ..... -t r.. Fr:jc::: ""~':- '~'- .......... ~ ...... CTF.;::,: ' of .... , .................. r"~.,_~_~ .... c,...t.. .o.:~;.:!::;_,,,~.~t: c-. ,,:.::2 ~' ,'"-:.:~-, Words ~ ate deleted, wcxds ~ ate added. 9 I I 2.2.24.g. Exceptions. ~,ec. 2.2,.28 2.2.2~.3. L Where land has an ST designation and thc proposed alteration or development area contains 20 acres or less in gross area, and where no transfer of development rights arc involved, thc development sen'ices director may approve a site alteration plan or a site development plan. Prior to such apgroval, the development ser,'ices director shall make a finding that the following conditions exist: The proposed site alteration or site development plan will not require any modification, with thc exception of exotic vegetation removal, of the topography, drainage, flora, or fauna on thc site. Single.family principal structure where thc proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site. or where the alteration involves the renovation or replacement of a single family structure. Significant modification shall mcan greater than ten percent of;he site. No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. Water manaecment ben'ns an~l Structures for !he protection and/or enhancement of ST areas are of the minimum dimensions a~t)roved by th{' South Florida water Management District. and cas ~z¢oDh'.'sical surveys and testiniz. Temporary site alteration shall me~ 9r)l'~ those ahem{ions invol~in~ hand eu,ine of veRctation for sun'cvs ~4 coui~ment entre, dell holes not cxccedin~ six inches in dinette and ~ttin~ ~iated with vehicle access. Tfimmine of vegetation for access routes s~ll kc~t to the mi~imgm ~idth neces~ for su~'evin~ and testinz~ ~e site shall ~estorcd as reauired by fed¢~l, state and county ~it$ ~'ilhin 90 daw of Ibc st~ the All other site alteration or site development plan approvals of an} size shall be as required in sect,oas ..... 4.4. and Irnmgkalee Overlqv District Words ~v~,,-4~ee,~ ~¢ deleted, wot'ds unOcrlinc~l ~'~ ~ddcd. lO CTHIS .~1AP IS TO BE DELETED.) 2.2.29. I 22203.2 22.292: (THIS MAP IS TO BE DELETED.) WOCCls Mev~ itc d¢lc~ccL words vn(~cdincd ate 3K:klccl. 13 2.2.29~5 2.29 arc deleted, wcM'ds undctlm~ ~'c acldcd 14 ~.~..8. Immokaler Overlay districts for the ~u~se 0f cstabl~shin~ development Cnten~ ~u~ta~le l~r thc uniqu~ l~d usc needs 9f~h¢ [mmokalee Qommumtv G¢oe,'oph/c ^ounc/or:e~ The boundaries 9f ~he [mmokalc¢ O',¢rla', Dis:ncr arc del hca cd qn.Map I NIq~ IMMOKAL~ OVERLAY DIESTI~IC"r ~ordl ::.-;:L :.".::;~' uc dele:ed. ~*ord$ ~,lnderhne{ arc added. Official Collier Counw Zonin~ ^tlas Map& Map 2 I./L 31 CO&dI~CIAL OVeRLAy SUI-DIITRI(:T 2,2.28.~.~. ur ~ nd'm n' fthi ' i' n' r vide fir eail o ~ce tra.n,ficm Io&/imz facililies ~d highway commercial us¢~ ~ha~ ~ ~h¢ neCd~ of ~h~ ~v Ii '. e rc'l u m I ca a ma' r eft I or ~ I a w v r v' 'on 'thi u - i t'ct are i ten cd ~ r vid an ~ -~9 wi v I m nt I dard a wil ' a m u fin c ati le ~'ith nc~bv rcsidcmial ~ro~nie~ il~n,' I ti n v I t c m r iai di tri t al n - 9 a idcnlificd 9n the Immokalc~, ~"gture Land Use Map. v I men/ ri ri · Il ,,,.'in ha I a v t t ' thi v flay subqlistri~t_. i Io - 9 h c v wilh ' a at e anment o t' ' i r. lati . a I h t h v am' ' 44 -feet v c .' ' ' awv w should nol acccss to SR-;~9_. -.2.-8..~.4, 2.2.28.3.$, 2.2,283.8 Sh~red oarkine ~rr~neements N'tv, ctn ~im:,in~ ~,e~ et,~'~cms ~,a]l ~ cncour~c.~ Deceleration and acceleration lanes shall bc c,r~v~lcd Pedestrian tra~¢ shall b~ encou~e~l ~..~,~d:.'.e s~,J~a:i~ Thc to~iec sidewalks shall be coordinated ~ith ~txcm Buildin.s shall bc set back from SR-20 a minim=-n of ....~ f~-~ ~d from thc r'C= k,~ linc a minimum of 25 feet. Projects shall orovidc a icn-f~! Tv~c ^ landsca:)c ~ffcr as described in section" ~ between vehicular riehts-of, wav with r=auirc~ sidc~'alks ired ~i~cn! rcsid~FitiaJ ~vclooment. Adjacent commercial omiccts sh~ll ~rovidc coordinated landsca~.c ol~ns. An ~¢a earl Io a minimum of ~'o and on~-h~If pcr~e,m of thc total interior vehicular usc =rca shall be landsca=cd to ~rovidc visual r,~lief. Buildin.s shall have a m~imum heieh! of.cO ~JC['er$on ,.~vcn[t¢ ~qmmercial O~'¢rlm' Sub-Di~tricr ~cial conditions for th~ ~ro~nies abu~in~ Jcffcr~ A~enu~ as id~ljfi~d 9n th~ Immokalec Area M~tc( ~: referenced on Mao ~: ~d further i~¢ptificd ~v ~he designation "JACOSD" 9,, thc ao~licabl¢ official Collier Countv Zonin~ ,Atl~ Maps. Mae 3 Purt)ose ond intent' Thc pumosc of this dcsienation is tO provide for retail, of~c¢, tr _ansicnt Iodl~ine facjlitjcs and hilzhwav c9mmcrcial usc~ that ~,¢r,.'c tb¢ nced~; of th,. traveline oublic, Thcs~ 9orPmcrcial u(.,cs must bg located on a major ancnal or collector roadway, {ncreascd commercial ooDortunits' alon~z Jefferson ~ve,n~e with dcveloom¢~t standards lhat v, ill ensure coordinated access and al:)orooria!c landscaping, ~,m~ bufferin~ to Ix' com~alible ~ith nearby residential Dro~'rtieF .4;~vlicqbdto. These reeulat ohs avrlv to Thc' commcrc a di.,strict along Jefferso,, Avenue .aS i4cptific4 on the [mmoka ee Future [,and ~,'se Map. Development crJ;¢rla The follo~,lng l;tandards shall ai:'plv to al! uses in this 9verlav sub-dismCt. Access ~{nts for future ¢ommcr~;ial develovmen: l~h~ll bc limited to a ma.ximvm o[ one t>cr 150 feet of ~treet fi'ontave. Provcnies whh le~ than the reauired sire;et front,,~e. ~MII be encouraged lo utilize shared access mints with adioinirll, commercial de,,'eloDment. O'.,."ner~ of lots or combination of lots I~vinc less than the l,~0-foot ef required front.',ee ma',' ~ctjtion the board of zon:n~, avmals for a variance from ~he stand~'d in lhi$ sub-dtsl.'ic: as ~.ill not be contr~'v to the oubli¢ interest v,'hen o~.in~, to special conditions ~eculia' to thc ~ro~nv. a li!e~l enforcement of these lnandards would result m unnecessary and undue h~dship; A ten-fool Tv~: A landscaoc Ipu. tT~'r ;~ identified in l,C'ction 2.4 of thi~ (;'ode shall Drovided on Jefferson A';enuc for all commercial ~ro~ec~s Pro'.isionl~ for shared parking arrangement5 v..jth adioinin, g dexelg?ments shall ~-~ encouraged Commercial 5u d g~s ,,hall ~ set ~ack frg, m )c'ffCr~on Axe. hue a minimum of 2~ Commer¢ia! buddinc shall ha'.'c' a rriaximum heil:ht of f9 feet exglvding: ten fee~ for under, buddme ~arkm~ and ~ntcnt The :,u,%~e,,,e of the, ¢¢s~gn~t;on h~ to ~rox~de for ~holq~le and retail and ~holesate oe~unmes fgr agnc~kural bUSineSses ~ ~ell a; ~ck e~klnl for aencultural ~1¢~ ~u: ~og ~nhm rgad~avs and ~lhts-of ~evelo~ment stan~s ~9~ herein have ~e~ des~ned to enhanc,; ¢ncourale do'clo~mcnl ~d rcdexclo~mcn~ q.vphca&hn ,Th,ese regulations apt+. to thc Farm Market O~.erla. arc clelt~ecL .,o~ds und¢:lm~'~l ate ~:tdcd fl FARM MARKET OVERLAY IUB-i~ITRICT iFMOSDI .PCrm./~d ~,'~(.~. Ail pcrmiu~'d usc~ ~.'ilhin ~he undcrlvinR zonin~ dis[ricl~, and Ihe' £~llo~ln~ uses. as idcnIl~d in ~h¢ Standard Indusmal Classification Manual I1 ~r¢ ~rrqm¢¢ as a riehl Jn ~hi1~ ~ub-dismct. L A~ncuhur~l Sen'ices (072~) ArmcuhuraI O~door Sales ?crmi,¢d subicc~ io [he followin, ~rovjsion~: L Outdoor sales oF a~Hcuhu~l ~r~uc[s ~rc ~n',.i,cd on imprgvcd 9Z umm~rovcd ~ro~nics ~rovidcd thC ~lic~ ~ubmi~ a ~it¢ dcvclo~mcn[ ~n ~hich dCmon~tcs ~ha[ ~rovj~ion~ will ~ m~¢ [9 adcqun[clv nddrcs, Lhc foIIo~int; ~ Vchicul~ ~d ~d¢~man t~c ~fctv me.urea. b, P~in. t~r undcvclowd om~nics ~511 ~ calcul;tcd 0t a ~t¢ 9F 1/250 ~uarc ~cc~ ofmc~dj~ ~a. A m~ximum often ~¢n~ 9t' ~ ~in~ ~ui~d by division 2.~ of Ibis c~c may ~ ~cuDicd~ o[bc~'isc rcndcrcd unu~l~ ~v ~hc Dl~cemc~ of tcm~. ~cturcs. ~ui~mcnt. signs, and mcrch~i~. ~ minimu,,, num~rofdisablcd ~kin, s~accs ~ursuant t9 division 2.3 s~ll ~ .~ c, Limiicd hours ot'o~cr~don. ~t, orals :.'.-_-:E :k.-:.;i.~. ~'c d¢1c~¢~, words 19 2.2.28,~4 c. Fire protection mea.~ures, f. S~mitarv fa¢ilhies. 2, The aoolicant shall provide a not.izod letter ~rom thc Dro~v o~¢[ ~tin~ ~ission lo ~0]iz¢ the subiccl oro~y for a~cuhura] 9~tdO~ 3~ ~¢ olacemenl oF one si~n. a m~ximum of 32 ~u~ Feel 9r lwo ~uch signs For oro~ies con~inin~ more lhan 9n¢ ~r¢¢~ Frontage shall be 4. A~cul~ural ~roduct~ may be sold From a vehicle provided ~ha~ ~h~ yehicl¢ is nor I~a~¢d in ~h¢ road ri~hhor-wav. 5,. A minimum 5-F~ I~dsc~ buffer ~hal[ ~ required adiacent ~0 any road fi~h~f-wav. ~¢C¢$$0ry L L'sel~ and ~Iructure$ that ar~ ~¢ce$,so~' and incidental t9 the permitted USES. Dimensional StendardF' AI~ f'Ou~d within section 2.2.1~', .4.4., Dimensional Standards. of this co~e, except as noted 1~lgw: a... Minimum floor area ~00 ~quare feet qross floor area for permitted t:)rinc~pat agr CUltural ~tmctures. 22255q Comm~'reu;/Destl~n Gtfid¢line$' ,Subiect tO provision$o[ Division ~.8., ,Architectural and site design s~andar~l~ for ('ommerq~l 13uildinRs and Projects, 9f thi~ Code, except as noted a. The f0Uo~ing ul;eS, a,~ identified in the Standard Industrial Cl~sificati9p blan~al (191~7), are exemot from the provisions forth in Divis[oo ~. 0f ~he 3rchhec~ur~l and Silo Design $t~dard~ l~r Commercial ~uildi~ and Projects. L Aencultural ~er','ice$ (07,~)) Trade ~ Acneul)vr~l Qutd09r $a1¢.~ La,~dscat~mr and Bufferinr Subject to Drovisions 9f Division 24. 3!erchandise Storore and Oisplav AS found v4thin section '~ '~ <:/, ~, or'this Code, except as pored a AIzrieuhural products ma'.' be displa',ed within an,,' front ',ard ~,rov dod it does not adverselv affect ~de;;trtan 9r vehicular traftlc or I~ublJc health Or safer,' and is not located ,.,.'ithin the road rights.of. wav. ~286 ..~.ribusines$ O~'erlg~' Su~.Oistrict: special condit orl~ for the propenie$ idenlilied o,, M'ao 5; and I~nher identifie~ bv the designation "AOSD" on the applicable official Cqllier Count,,' Zoninv Atl~ Maps. PUrpg.~e and intent Thc t~un:x)se of this desivnatioq is to ~rovid¢ for wholesale use~ ~d aeficuhural ~ackin~ houses and ass~iated uses. The ~rovision~ 0f thi~ ~ub d~stfict arc intended to ~rovide additional lands for a~ricultural related businessc, and expansion oo~unities for exisfine aeribusiness. %e development st~dard. contained hereto have ~en dcsiened to ~it consislent land u)e) within the fiOSD ~ord$ ~ ~ff deleted, words yn4¢rline~ ~c ~ded. 20 .4mfficabtlln" These regulations aooh' Io the ^~fibusincss overlay su~-~isu'ict ~ idcmified on Mao }, -2. Map ~ ""286.: 2,2.286.4 2,2.28.6.5. Permitted Us¢~ All ~rmitted uses within the underlvin~ zonin~ districts, and follov.'in~ uses. a.s identified in the $~andard Industrial Classlfic;ation Manual {1987), are Dermitt~'d ,~s a r ~ht in t.his sub-district. L A~ricuhural Services 1072)) Accessory Uses anql gr~c~gr~1~ that are acc¢l~$grv and incidental tO the per'miucd uses Oimen,*iona/Standar&' AS found within section 2.2.15'/:.4.. Dimensional St~dard~: 9f~his ~ode. Commercml Desien Quidelines' Subiccl to orovisions of Division 2.8.. Arq:hjt{qtural and Site Design Standards for Commercial Buildings ~d Projects. of this Code. cxcem as noted I~low: a. The follov, ine uses. as identified in the Standard Industrial Classification Manual (1987L arc exemD! from thc ~rovisions set forth in DMsion 2.8, of thc Architectural and Site Ocsiln Standards for Commercial Buildings and Proiects. , ... .L Air/cultural Sen'ices ¢0723) : Words ::;-c:~ ¢~::;~h ate deleted, words vndcrlined ate added. 21 I , _/q,?_.__ 2 2 28 ? Standards for parkinc, within ih'; lmmokalee Cemr.q Business Sub-Distn¢~ t'rimo,3 area Lots. parcels, or U~¢[' whi,;h have frontage on WeSt Main Street {$R 291 or F rs! Street ICR 846) shall comoHs¢ the prjman' arC.a['. 2.2.28.7.1.1. £xistimr uses Uses in existence as of thc effective dixie 0fthili code are excmot from the minimum [~arkintt requirements as set forlh in section 2.3.16 exc;ept th~.t exi~tinl, uses shall not reduce the number of spaces be!ow !h~t ~,'hich il~ pro'.'ided ~ of the ¢ffecti..'e d~t¢ 9f thi~; code: -,,.~ -/ ?,. ..... 8..J £xvansion Thc cxoan$ion of any uR' shall require parkinll at 50 t>ercent of the minimum requirement as set forth in section 2.3.16. for the exoansiorl 2.228.71~. Chanl?e in existing use A charlile 9f any use ~,h~ll be exempt from the mini~u~ o~kine reqvirem~nts a~ ~e~ forth in ~tion 2.3.16 up to an imen~i~' level 9f 9ne ~arkine ~pace ~er I~ s~re feet. A ch~e 9f use ~o ~n intensity of ~eater ~ne space per 100 ~qu~e feet shall requir~ parking a~ one parking space ~r ~qu~e feet. ¢'.~e, in new buildings Any use in a building c0ns~ructed after the ¢ffective dace of this code ,,..ill be required to prg'.'ide parking at ,cO perccn~ 9f the mi0imum requirement al~ l~¢t forth in {;ection ~.3.16. .?.¢qondary area Lots. t>arcels, or uses ',,,high do not have frontage on Main $;treet or First Street ['hall 90reprise thc Scconqtarv area £.ri~tin~ use/ ['~eli in existence as 9f the .effective date of this code are exempt from the minimum parkinv re.q~iremer}t$ a,s [,et forth m Secnon 23.16 except that e:'fiStim, ~se[' lib011 not r~'qt~c¢ the number of slpaces bela'.', that v.'hjch is pro,.~dcd ~ of the ~;ffecn,. e 4ate of this code. £tvon*ton The exoansion 9fan.. ul~e ~ihall rcqmre an .~dqlition t9 an'. parking 9fthe mm~mum nu.m~r of required Spaces aS Set f9nh unqler Secuon '? 16~ for the ~txpan~,i0n onl,. '225723 ¢'han~.¢ tn erqrmg me A chani~e of an'.' u['e l~hol{ be exempt from the miniroum varkine rec~rem~ntl~ all l~et fonh in ~cn9n ,~.j 16 up to 0n intcnlm..' level 9f 9ne parkme space ~r 100 l~quare feet. A chan~e 9f usc t9 an intcnsitv greater than 9nc pazkin£ space Vet 100 square feet ~.hall require t>arkinl~ at 50 ~rcent 0fthe minimum requirement ~ ,et for'th un,er Section 2.31.6. N0 chanze m use l;hall 0!I0'.'.' f~r a reduction of the current number of oazking s~aces ~rovjded. ('.yes in ne~ buildings ,.-~ny use in a buildine constructed ~ftcr the effective da:¢ 9f this code.u, ill be required to orovide parkin~ at 67 percent 9f the minimum re. quir~'ment aS sci forth in li¢¢tion ()/'f-$ite parking agreements {B no way l;hal{ the pr0vi~ionl; of the immokalec central business sub-district (ICBSD) be construed so as to prevent ¢,tablishment,; v. nhin thc ~undaric~ from takin~ advantage of off-site parkinl~ nrrani~emems as Set forth in se~;non 23.4.11. Furthermore. the maximum distances :~ct forth in section 2.34.11 shall be increased to 600 feet within the boundaries of the ICBSD. Pro~rties ~ithin the ICBSD enter/nv jqto off-site oarkin~ a~reement~ v, ith oro~nies Outside the ICBSD ma,.' utilize Ibc 600-foot rule. . _~. Bgundori¢.~ O~ thc disrricr Thc' phvlfioal limjtli Of the Immokalce .¢entral busmcs'; district ~ICBSD) i~r¢ a, shown on the official zonin~ atlas mat~ of the subject ".r~.. and as descnNd below: , o. l .., '- ].~3 ~, ords ::.--~:~ :~.':ui.". are deleted. ',,ord$ ~JnC~grlin¢ql ~e added. -' _ Be;innin; at the interaction or First S~reez and Third Av¢nu¢. ~he ICBSD ~und~' ~.ds ~'.~,h' ~on~ ~he ccm:rline o~ ~ird Avenue ~o i~ im,~¢fion ~i~h ~onh Fifth ~r~ez m i~s ime~cfion whh Second Avenue. 'h~n w;pcrl,. ccntcrlin¢ of Swond Avenue to Iht northerly extension of Iht cast line 9[ Bt~ A. J0v¢c Par~ Su~ivision: ~hcn ~mhcrK' alon~ said Im line ~0 Ibc comer of ~id lot. then ~'¢s~¢rlv algn~ ~hc south loz linc oF Lots ~]. ]4 and 3~ ~o thc ~u~h~cs~ comer of Lo~ iS, zhcn northerly al0n~ ~hc wcszcm lot linc o~ Loz ccmcrlin¢ ~ S~9nd Avenue. then westerly zo thc C¢mcrlin¢ 0f ~onh ~imh ~hcn ~uthcrlv lo ibc westerly extension of ~hc no~h Im line ~ Lm I~. Bl~k ~n'~ 5u~Msion. then c~t¢rlv, no,hotly ~d c~zcrtv ~Sth thc n0nh Lot 12 ~d confinuinz c~tcrlv to thc nonhc~ comer of ~oz ~, Bilk 4, ~wn'~ Su~ivision. ~hcn ~gthcrl~' to ~h~ cc~zcrli~c o[ B9~gn Avenue, ~hcn C~tcrl~ zg thc ccmcrlinc of Fou~h Str~ Somh. then southerly zo ~hc wcs~cm ¢~¢n~on ~ lot linc of Lot S. Bilk 9. Ca~n's Addition ~u~ivisi~n, ~hcn c~tcrb' compline of Third St~c~ South. ~hcn ~uthcrlv zo ~hc ccntcrlinc of 9019~d9 Avenue, then easterly io( hc ccmcrlinc of Second Strcc( Somh. ~hcn ~mhcrlv to thc ~ntcrlinc of Euslii A~'~uc. lhcn c~tcrlv ~o zhc southern extension 9~ thc crmcrlinc 9f Street to thc ccmcrlinc or Delaware Avcpuc, th?n westerly ~o zh¢ s0mhcm of thc ~=sz Io~ line ~f ~gt 14, ~l~k 1, ~ainlinc Su~ivi~ign, then ne~hcrl~ lo zhc SUBSECTION 3.B: A.MEND.'qENTS TO LANDSCAPING AND BUFFERING DIVISION Di',ision ".4. Landscaping and Buft'cring. of Ordinance 91-10". as a,mcndcd, the Coil,er Count.,, Land D¢,.clopment Code. ~s here[,.', amended to read as follo,.~s DIVISION 2..I. LANDSCAPING AND BL'FFERING Sec. 2.4.?. Minimum landscape buffering and screeninghet~eenuse~. 2.474 T&BLE:.~ T~BLEOF BLFFERREOLIREM£NTSB'~ LAND L'SE CLASSIFIC~TIO",S Colher C'uunO Streetscape .',/aster Plan. Street corridors identified in Collier Naplescalx 90's Streetscape Master Plan. including areas v, ithin the right-of .way and on rcquired~ buffers adjacent Io the right-of -~ay..shall adhere ~o Ihe requirements of thu Co~e/ Naplcscapc 90's S,rcctscapc Mas,ct Plan. _.. :i]3 Words ;:r~:L :~::~$~ are del~ted. ~ords ~n~erhn~ ~e add{d Notwithstandin~z the above, for reouircd landsca~ buff.ers adiacent to any riizht-of, way. the reouirements of thc Collier Naolcsca:~c 90's Streetscaoe Ma. seer Plan shall aoolv at thc of issuance of. any relaled subseauem dcvelot~mcm order including construction anendant ~o the a~roval of' a final olat and or a final site develooment olan. 9,'here aoolication of said Streetscaoc Master Plan standards and rtouirernents is questioned. official interpretation of the Dlannintz se~'ices director oursuant to section 1.61 0f the Collier Count,,' Land Develooment Code rna,,' be requested. Further. the interpretation of thc Dlanninc, ser,'ices director may I~ aD~aled to thc board of zonin~ aoocals as prescribed by section 1.6,6 oFth¢ Land Dev¢loDmer'l! SUBSECTION 3.C: AMENDMENTS TO SIGNS DIVISION Division 2.5, Signs. of Ordinance 91-102. as amended, the Collier County Land Development Code. is hereby amended to read as foUov,'s: DIVISION 2,5. SIGNS* Sec. 2.5.7. Prohibited Signs: Sec. 2.5.7.28. Tr:~:r:~ i[nflatable signs. Sec. 2.5.12. Permit applications. Two blueprints or ink drawings, certified by a Florida registered engineer or a Florida rel~isteregl architect , of the plans and specifications and method of construction and attachment to the building or the ground for all pole signs and all projecting sign: and any ground sign over 32 square feet. SUBSECTION 3.D: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DIVISION Division 2.6.. Supplemental District Regulations of Ordinance 91-102. as amended, the Collier Count,,,' Land Development Code. is hereby amended to read :~s follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.4. Exceptions to required yards. 6.4 2. .'.[inor after.the:fact yard encroachments 2.6.4.2.1. Minor after-the-fact yard encroachments ma,',' be approved administratively by thc development ser.'ices director. For the purposes of this subsection, minor yard encroachments shall be divided into two classifications: Structures for which a certificate of occupancy er a .q~:l -4-:'.':~cFrn,.c~.: c.:.~..:~ has not been granted. The development services director ma.,,' administratively approve minor after-the-fact ,','~d encroachments of up to Lz-3,5. percent of the required yard. not to exceed a maximum of ~-_.S (3 inche~. Structures for v, hich a certificate of occupancy or a final dcvcloome.n.t 9~'der has been granted. The development services director ma.',' administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard. not to exceed a maximum of two feet. Sec. 2.6.15 3, t~mctuitv and rema.in subject to the orovisions of Section Structures. Solid ~'aste disposal. Words ::.-.::L :~;: ;3,"- are deleted, words undcrline~ are ~ddcd. 24 .Administrative '.'ahances aoDroved oursuit, nt to the above do not run with the !and in - Non-Conforrrlinv 2.6.15.1. Pursuant to Ordinance No, 90-30, as amended, solid waste disposal shall bc required in thc form of bulk container sca'ice (gaxbagc dumpsters) for all commercl establishments and multi-family projects containing five or more dwelling units undo common roof. excluding robhouses or townhouses not exceeding tb'O stones in hei upon demonstration of adequate access to facilitate curbside pickup and that all individual units have an enclosed location other than the residential structure, such as a carport or ga:'age, for thc storage of individual solid waste containers, or as othe~'ise Permitted below. Screening All trash or recycle receptacles shall be located so as to bc easily accessible to the residents and the solid waste hauler and shall b<: screened on at least tl'u'ec sides to prevent visibility of containers by neighboring property owners and from adjacent streets at the first floor level, except as provided for in section 2.6.15.1.3. Enclosures shall have minimum internal dimensions of 12 f~r~t bv }~ feet ~tu:~re !f ccluiot~cd bith £ates. thc clea~ o~nint dimension shall l~ a minimum of 12 fe~t and the £ates mus! ~ cc~ui:',~d b'ith n dcvice to hold them o~n, 2.6.15.1.1 ',, ¢ 2,6.15,1.3 2.6,15.~Z The follobing s:ructures may be used for screen,rig as required above: a. '0.'odd fence. Concrete block and stucco bali. back gall. masonn..' ball. or ~,.alls of simit~ matenal X,'eget,ati~,e screenin~ in conjunction blth s¢cnon ".6 15.".1. or section 2 6 15 abo~ e. Screening. as required above, shah be exempt from height hm~tations for Fences pro~ ide~ there is no obstruction of vtsion of adjacent streets. Screening of bulk containers ('garbage dumpsters) ma,,' be exempted in: Industrial districts ('D if thc dumpsters arc located greater than 200 f~et from residentiall? zones or used properL', and are not located v, ithin front yards: rural a~ricuhural districts ('A) in conjunction ~ith a bona fide agricultural use on parcels conforming to the required minimum lot size in the district; and during construction in all other districts. .-l¢ce.~.~. The access aoproach ',chicle reauirinlt a minimum clear fcct ghcn directly acccssin, a public s~r¢¢t. Containers and enclosures shall ~ placed such that the accessing vehicles ~c not rcauircd ~v strcci, Provision ~hall ~ made ~o allow for a fo~'ard ~ravd path for thc~c vchicle~ where ~ibl¢. ~cn backing maneuvers are required tO ~h ~he vehiule to exit fro,,, thc dum~tcr, provision shall !cntlh adiacent to thc c9nIaincr ,%[inimurn requtrementx and /ocationa/ restmctions. In thc case of multi family developments bith more than four units per structure, at least one standard size bul~' container (dumpster~ per every ten units shall be required. All such containers arc subject to the follobing Ideational restrictions: Solid v, aste bulk containers i'garbage dumpsters} shall be pen'nitted in all zoning districts. b Solid baste bulk containers ma.,,' be located within a required yard provided thc.,,' do not encroach into a required landscape area. and further pro~,'ide that there be n°. blockage of the '.lev,' of motorists or pedestrians so as to constitute a hazard. Words -.:.-.:.-~ ,.~::;.~,;, ate deleted, v,~cls n t~ are added sohd w~tc bulk container (g~bage dumpstcr) shall ~ ]~atcd From thc st~cturc it is intended to sclc. Lt¢¢ptions The site development review director, or his designee, may allow thc following exceptions to the above requirements, 2.6.15.].! ~. l~Solid waste bulk containers fdumpsters) may be substituted by individual solid w'aste disposal sci'vice (unit by unit curbsidc pick-up) subject to the following: In thc case or individually owned multi-Family dwd]ing units (condominiums). individual (curbside) solid waste disposal service may be substituted for thc rcqulrcd bulk containers (dumpsters) upon documentation that thc subject unit or condominium association, having bccn turned over from thc dcv¢loD:r to the residents, has voted in thc majority to eliminate the usc oFdumpsters in Favor of individual curbsid¢ sen'icc for all or p~-~ of pa~icula: development, subject to acceptance From both the Collier County Solid Waste Depa:'~mcnt and thc waste hauler. Additionally. the association shall demonstrate that there is adequate access to Facilitate curbside pickup and that all individual units have an enclosed located other than thc residential structure, such as a c,~:x~rt or ga;age, for thc storage of' individual solid v, astc containers, In iht case of muhi-ramily rental units bulk solid waste disposal containers (dumpstcrs) shall be used unless an alternative mcthoclology For solid waste pick.up is approved by the Collier County Solid Waste Dcpa.nmcnt and the v,'aste hauler. In the case of a commercial usc bulk solid v. astc disposal containers (dumpsters) shall be used unless an alternative methodology for solid waste pick-up is approved by the Collier County Solid Waste Department and the ~.'aste hauler. ~, ords ~,¥e~k~wqp~H* are d¢lcicd, v, ord$ vnd~frl,ng~ are added Sec'. 2.6.28. ,Automobile Service Stations. TTt~; followine rceulations auo}v to the location, lavouL drainage, omrration, fcncine. landscauinR, ua:kine, archi!cc!ufa{ features, and m:rrnitled salem and ~r,.'ice activmcs or' automobile $¢m'i~¢ stations v. hich include convenience crocerv stores se{line motor fu~ls: Purl;~,~¢ and/meat. The uuroos¢ of this ~cdon is to ensure ~h;~ aytOpmgb}le ~rvice s~ationj do not adversely im:,a¢! adiaccnt }and us~s. esmt¢ial{v residential land u~$. Thc hhzh levels of traffic. R{~r,:. and intensity oi' use associated w~h s,:rvic¢ stations, uanicularlv those OUCh tv,'¢n~v-f'our hour~, may be in¢omoa~ib{¢ v. ith surroundimz us,:~. ¢$c~¢ia{{v rt$ickntia{ u~s. Therc£ore. in the interest of orotecting the heahh, safety and Qeneral welfare of the oublic. the followinlz regulation, shall a~olv to the location, layout, drainage, operation. landscaoin_., oaxkinQ and ocrmined sa]es and service activities of automobile service stations: ~{?¢(Jtion¢! (;nd~ir¢ ~/andardL All automobile service Stations shall meeI the fgllowing Criteria; Minimum fronta£e' An automobile service station shall n9t I~ located on a lot with less than one hundred rift'.' liS0) feet of frontaee on a vehicular rhzht-of way, 2, r~finimum depth' Qn¢ hundred eiehtv ¢ 180) feet. 3[inimum lot or parcel or(o' 30,000 ~uare feet. Separation requirements' There shall be a minimum distance of 500 feet. shortest airline measurement, between thc nearest ~xfints on any 10t 9r parcel of land to ~ (;x:cuoied bY auto~gt?il~; ~erviee stations, and any lot or oarcel which is already occupied by an automobile service station, or for which a I?uil~ing permit has I?een issued. ,[[inimum yord requirements' All structures. [rgnt yard ~ctl;),ack - Fifty {50'/feet. :~idq: yard Setback- Fgrtv (401 feet. Rear var~ s¢lpack - F0r~y {40'/feet. p,arlfi.~ reqFirements' AS required by Division 2.~ Off-Street Parking and Loadine .~rehit¢ctural [9oign ,A~ required bv D, iv ;fign ~.8 Architectural arld Site Dcsien Standardls 0nd q;uideline3 for Commercial Buildines and Proiects, Land$cat~i,tr.' The follo~ine landscape requirement(, ar~ iq addition t9 tbq requirements of Division ¢.4 l. andT, capmg and I~ufrerinq. a, Reauired landsca:~inlz adia,:e,m t0 propertv boundaries LD Rilzht-ot%'av buffer landsca~inr: (a) Landscaoing adiacent to riehts.-of-wav external t9 the develooment project shall be located within a landscal;~' buffer ca.wmcnt which i~ a minimum of twtnw-five width, Waler manalzement swales shall not be locate.t, v, ithin these buffer areas, however, water management facilities such as underEround PiPing shall be {lp) An undulatin, l;x'rm with a maximum slope of]:l shall be constructed alonl~ the entire lenlith of thc landscape lpyffcr. The berm shall be constructed and maintained at a minimurq avc'ra~e hcitht of three f3) feet, Thc berm shall be t)l~tcd with mound cover (other than £rass). shrubs, hcdees, trees and palms, (c) Thc reauircd trees and oalms shall be ch~tercd in double rows with a minimum of thr~¢ f3) trees ~r :luster. Canopy trees shall be t)lanted at least fifteen ¢15~ feet on center within a cluster. Thc use ofoalms within the tie. hi-of-way bvffer sh311 be limited to landscaped areas adjacent to vehicul~ acces~ _c)oints. Palms shall be planted in staggered heights, a ~9 minimum of th.fcc ¢31 ~alms ~zr cluster, so,ccd at a rn,tximum of ¢i~h! (8) feet on center, with s minimum of' a four (41 foot difference in heist between each tree. A maximum dir,~nce ol' rwcmv, five O. 51 feet between all ~vtx-~ of tree clustrr~ shai] be maintained (See Illustration 1). All of the trees Ih'all b¢ 'a minimum of fourteen (14) feet in hcieht at the time of installation. Trees shall have a minimum 3 l.r2 inch calJocr at 12 inches above thc tround ~! a :;ix foot st)read. AI installation, shrubs shall b¢ 'a minimum of (101 tallon, five (5) feet in height, v. ith a th'ce (31 loot soread, olanted four (4) fcc! 9n ¢¢'~ntc'r, ~L~ Landscapini~ adjacent tO all other property linch;; (a) Side pro~nv bounda~es ¢o~hcr than those adiac;nt ~o rimht-of-wavs) shall be ~l~Icd with sJ~glc row hedges consistent ~th the minimum requirements of Division 2.4. L~d<a~in~ ~d Buffedn~. {'bi Rear pro~c~v l?9un0'a~c.~ {other th.an Iho~ ad}acen~ tO road ritht$-of-wav) shall be blamed with a single row hedee. Thc hedize shall I?¢ a mirlJmum height of four {4) feet at planting, planted at Ihrcc. (,3} f~'et on center and ~;hal[ maintained at a h¢ilr, ht of five I51 feel. Curbing' Curbimz shall Ix instal!cd and constructed. con~i~tent wj!h minimum ¢9de rgquiremcnts, ~t~'een all ~avcd are~ ~d I~dsca~ ~e~. Perfmeter Wa//$: Automobile sen'icc station sites shall be ~;oarated from adjacent residentially zoned or rcsidentialh' developed proocrtie$ by an architecturally desitned six {6} f99t high masonr',' wall 9r reface utilizine materials similar in color, module and texmr~ 19 those. utilized for the buildint. L~nd.,scapiriR ~hall be plantc.d on the residential side of the fence or ~.'all, Lirhtine Ail lithtinlz f~¢ilitic.~ ~hall be directed away from adioinir~[, properties. On site lumina:its shall bc of Iow level, indirect diffuse tyW and shall not exceed a height of Rrcater than twenty feet finished trade. LiP. htine located underneath a canot)v shall be of Iow level. indirect diffuse type desiizned to provide lizht 9Blv t9 the Dump island arc'as located underneath Said ¢anopv. Rest Rof2m$' Ail rc~t room~ ~;hall be located in:fide or tO the l;id¢ 9r rear of the buildin,:,. Siirnaire' As reauired by Division 2.5. Sitnate and thc followjni, rclzulations: Accent lithtint and back lilzhtinlz is I~rohibited on canopy structur¢{i. b. Pole silzns arc orohibited. A sintle tround sitn shall bc t~crmitted ~r site. not to cxcccd sixr,- 160} m_ua, re feet in area. Wor~ ~ are dclned, words ~ndcrline~[ a~ added. 2625.3 Oround siens shall be limited to fifteen ~'15) fee~ in ~iehL Thc si~zn shall be olaced '.,4thin a 200 ~uarc foot landsca::,~ Illuminated si~nac, c. Iolos. ad,,'enising and infomoatjon ~r ~rohibited above las ~ump~, The number of on-oremiscs directional signs shall be limited to ~,'o (2) signs ~r entr'v/cxit. Silmaic identifvimz air, ',.¥atcr and vacuum ~.ooaratus shall b,- limited to a total of four (4) sauare feet in '['rash Storage; AS r,~uired by Section 2.6.15. a six Foot high enclosed trash ama to be integrated with the desiin of thc servig~ stolon shall I~ orovided, 14. Storaire Tartly' S!orale tartks shall be located below ~radc~. 15. O~rside di$~lar o£t~rc~ffUCtI: Ther~ shall be no Outside disolayl~ 9f ~roducts. stackine of'fires or other merchandise. £ntran¢¢ and ¢,rit' No automobile service station shall have an entrance or exit for vchi¢!es within 200 feet alomz the same side of a str~et a~ a school. ~ublic olavlround, child care center, church. hos,ital, oublic library, or any institution for de~ndcnts or roi- children, cxeem where such ~ro~rW is in arl~ghgr block. [~uildin~ colors ond color banding on crmo~v structur¢~: Color accent bandin~ on easolinc canopy struclures an,;I all other s~ructure5 is ~rohibited. Canooies shall be of one color, consistem with th,: oredominant color of thc ~rincir~01 structure, if ar>olicable. Thc colol of all structures on sit, :~halt ~ of soft car'th tones or eastcIL [n]rrostruetur¢ ['Or ~enerOtor$' Each automobile sen'ice station shall ~rovide the necessan,' infras*ructure and ~re-v,'irinl~ in order to ~rov de :he ca~abilities for lenerator sen'icc in ca~c ofemereencies. 1~ Locational and site s~andazds in accordance with subs¢clion 2.6.28.1.{I} (SL shall not am)l¥ to, nor rvnder non-conformin,, any cxislinlz autgmol~il, service station or any automobile sen'icc station within a Planned Unit Dcvcloomen! (PUD) in which a s~cific architectural rendcfiniz and site ola,, was no,roved as oart of a rczonimz action ~6or to the effective date of thi~ 2. Hon,'ever. exisfin, automobile service stations which may otherwise I:.,_ rendered nonconformins~ bv the ~rovisions of subsection 2.6.28. I, (6) - ¢ 18). or any other ao~licablc standard, exceog fgr automobile service statior,~. within a PUD as described above, shall com~lv with aoolicable sub.~ctior,~ ~f Division 1.8. Nonconformities. Ot~rott'onoI ~tandord& [n addition to lh¢ retail dis~nsinlz 9f aulomobil, ~ls ~d oil only thc followin~ ~ices may ~ rendered and ~les ~a~, excem ~ indicated: Sales and servicimz of soark ,lues. batteries, distributors and distr/bmor maria. Words ~ ~'e cl¢lc~ed. -,oeds itnderlinlt~ ~'e added. 2,6.28.4. Sales. mountine, balancint and rcoair of tires and wheel alienmcms. bm not r~caooine of tires, Sales and rcolaccmen! o1' v,-~tcr hoses, fan belts, brake fluid. lithtbulbs, fuses, floor mats. wic~r blades, m'ease mathers, a'hecl I~;arines. shock absorbers, mirrors, exhaust systems, and the like. Provision oF water, anti£reezc, flushing of thc cooline system, air ~onditionine rcchattc, and the like. ?rovidin, and r~oairine fucl oum~s and lines. Minor motor adiustmcnts not involvine removal of the head or ?. Ot~:nsine and lubrication. Sales of cold dri~s, candies, tobacco and similar convenience ~oods for service mlion customers, but strictly .nd only ~s ~c~ssorv and incidental to thc odncir~al business o~mion. 9. Provision of roaqt maos and other information. mechanical ~.od~ sh~ll be milov.'ed outside of ~¢ enclosed Oil drainaee pits or aopliances for such oumose or r~oair oumoses shall IX located ~i~hin a ,a'hollv enclosed buildine. Uses mrrmissiblc at an automobile sctwicc station do noc include maior mechanical and body work. straieh~enin, of frames or body oarts, steam cleanine, t~ainfin~. ~'eldine. storage of i~9mobiles (excem as cxorcsslv ~rmitted in ~ara~ra~h 13 b~lowL commercial earaec as an accessory usc. or mher work involvine undue noise. elate, fumes, smoke er giber 9haraeteri,fics Io an exlent £reater than normally found in such stations. An aulomgbilc 1,¢~'ic¢ s~afion is not a facility for the sale oF automobile vehicles, a reDair ~araec. a bo~y 5hoD. or a ~rucksloo, Thc temc.orarv storage of vehicles shall be mrrmi~ted if thc vehicles ~c to be sen'iced at the sen'icc smion or il' thc vehicles have been Iov,'cd by the sen'icc station and are bein~ held for scn'icin_t, for an insurance corn,any or for salvae¢. ^nY such vchiclefsL other than those vehicles serviced daily, shall tx slor~d within an area surtout)dod by an om~au¢ fence not less than six {61 feet hith. Said ~chicles shall no~ Ix stored Ionecr than sixty ¢60) days. Washimz and ~lishimz of automobiles and sale of automobil¢ ~'ashiniz and ~olishine materials, but this only allows auto clctailini ~ an accessory use. but this ¢rovision docs not allow carsvashcs excem in those zonine d[stricts where a car~'ash is a ~rmincd use: and a'hcrc such car~'ashes shall Ix subiect to criteria s~xcificd in thc zonin, district. Waiver o/' dfstance requirements, Thc boa,rd of zonin_~ ao~cals may, resolution, trane a ~'aiver of om or all of thc minimum seoaration reauirements set forth in section 2.6.28. if i~ is demonstrated bv thc and determined by the board of zonine a~>ocals that thc silc oronoscd for dcvcloomem of an automobile service station is se¢~'ated from another automobile service stolon by natural or man-made boundaries, su'ucmr~s, or other features which offset or lime! the necessity for such minimum distance Wo*cts (~ ~'e deleted, words underlineq~ ~r~ ~lded. reauir~mcms. The board o£ zonine ao~-als decision to waive ~ or Ill ol' the dist. mcc requirements shall Ix based uoon the followin~ faclors: L Whether or not the nature and ~ or natural or man,made boundary. smx~ure, or other feature Ivimz between the orooosed establishrnent mci ~ existin~ automobile service station is determined by Ow boarll to lessen the imoact of the ~ro~sed service s~ation, Such boundan; structure or other feature may include, but not Ix limited to. I~es. marshes, nondcvclooablc wetlands, desiv, nated m'eserve areas, canals and a minimum ora four-lane arterial or collector tithe-of-way. Whether or no! thc amomobil¢ service station is only enraged in servicin~ or automobiles durini rclular, daytime business houri, or if in addi0on to or in lieu of servicimz, thc gafion sells food. ~asoli~ and other convenience items durinz da,,'limc, niihuime, or on ho~r basis. Whether or not thc service station is located within a shormin~ ¢cnter t~rin'm'ilv accessed bv a driveway, or if it fronts on and is accessed directly from a olat~ed road ritht-gf-way, Whc,,,her or not ~hc re, amine ~f the distance waiver will have an adverse imoacz on ad acen( land uses, cs~ec a v residential land uses. '~ '~ 4 °,6.8 I 14'Otver r¢clU¢$t suDrnittol requirementS. The request for an automobile service station waiver shall Ix based on the submittal of the reouirecl aoolicafion, a site elan. and a ~TJaen market study analysis which Justifies a nccd for (he additional au(omobit¢ sen'icc smith in thc desired location, Thc site olan shall indicate thc follov4rsg; I. The dimensions ofthe subject t>ro~rtv. .All vchi~'ular points of ini~ress and ¢~ress Compliance with ~II reauircrnept~; 9f !hJl; cod~' includinR thc location of the structures on site. lond$¢a~in~, ofF-street ~arkin~, site circulation, architectural design I~uid¢lines. and sil~nai~e, All oro~sed buffer areas. ,L Thc site olan shall als9 ir~digate thq: lavgut and type of la~d u~;eq surroundin, the subiect oroocnv within 500 feet. Thc site Dian shall show thc layout of thc road on which thc Drowsed station fronts 9r go which access is orovided, includimz thc tvr>e of road. the number of lanes, and Ibc location of intersections and turn lanes, median locations and median widths, for a 500 foot distance from the subiect 2.6.28.42. .4dditionol condition~, Thc board ofzoninl ao~als shall have thc rieht to add additional conditions or reauiremcnts to its aoorgval Of a distance waiver reciuest in order to insure compatibility Of thc amomobilg ~e~'ice statio~ with ibc ~u~0undi~ ~ca ~d the ioals ~d objectives of the Oro~h M~aiement Plan. Sec. 2.6.35. Communication towers. 2.6.35.2. Definitions. As used herein "antenna" docs not include fa.) wire aJx. tcnnas only' dishes that have an outside diameter of less than fonv (40) inch~;'~. A "tow,..r" is a structure for the prim~,y, purpose to raise the height of an antenna. An "antenna structure" Wo~ds ~ ~ dcletccl, word~ undcrfing'~ are added, is a base. stand, or other method of stabilizing an antenna but the primary purpose is other than raising a height of an antenna. "Effective radius" means a radius of six miles from the respective tower unless a lesser radius is approved. "Lesser effective radius" means an approved radius of ]ess than six miles. "Zoning district' includes areas within p[a.,'tned unit developments (PUD) that have density requirements similar to those specified in this section. ".All." 'an.,,'." and "each" means exempt and nonexempt towers, s~ructures, and ow-hers un]ess the context clearly indicates otherwise, but does not include old towers or old sites except in subsection 2.6.35.6.13 related to inspections. An "old" to,,,,'er or site means a tower or site that v-as approved prior to the effective date of Ordinance No. 91-84. A 'new" tower or site means a tower or site that requires approval under this section. An ~'approved" tower or site is a tower or site that was approved under Ordinance No. 91-84 or is approved under this section. "Ow'ncr" refers to a sole owner or any co-owner. "Rent" means to rent. lease, or otherwise provide tower or site space. "Monopole communications tov.'er" means a commercial vertical single tubular self-supporting tower for non-parabolic antenna~ wit[, small effective radii. "Unavailable to the applicant" means a tower that ca,mot accommodate the applicant's proposed antenna or a site that cannot accorm'nodatc the applicant's tower, antenna, and related facilities. 'Unavailable" means that no additional tower or site capacity is available to anyone. "County manager~ includes designees of the count' manager. The singular includes the plural and ,,'ice versa unless the context clearly indicates otherwise. 'Government" means the United States governxnent and any agency thereof, the State of Florida and any agency thereof, any municipal corporation and any agency thereof, Collier County and any agency thereof, and any district. Except as to monopole communications towers, and structures and antennas :hat are limited to 20 feet or less in height v. ithout conditional use approval, heights of towers and structures specified herein are exclusive of an,,,' antennas affixed thereto and are exclusi~ e of the respective ground elevation. 2.6.35.62. Permitted ground-mounted tov,'ers. To,ri'ers not exceeding the stated maximum heights arc a permitted use subject to other applicable provisions of this section, including separate requirements and shared use provisions. Tov,'crs that exceed those specified maximum heights require .."z~...J!:~:;:.:! u~ :g~;:: :L a variance in pccordancc ,,,,'ith section .~.7.5, All commercial and industrial zoning districts: Any tov. er up to 75 feet in height is a permitted use :~bj::: :z ~..!~.~=u=;,.,4 require;T',.,:nts I~rcvided the ba~e of ~uch to~er is se~arot¢~ a minfrn~rn ~i~ano¢ of 7~ feet from the nearest ~)undar'v with ~. parcel Of la.nd zoned RSF.! through RSF-6, RMF.6, E, RMF-I~, RMF-16, RT, VR. SIH. 'I-T'RV¢, or PUD I:x'rrnitlinl~ six r<r:Hdential d~¥¢lling units or less. Any toy, er that exceeds 75 feet in height up to a height of 185 feet is a lawful use only if permitted or othem, ise provided in the respective zoning district and thc bas~ of such toy. er is sepanatcd from the nearest boundax?, of any parcel of land zoned RSF- I tl'u'ough RSF-6. ILMF-6. E. R.MF-12. R.MF-16. RT. VR. NiH. TTRVC. or PUD zoning of six residential dv. elling units or less. by a minimum distance in feet determined by multiplying thc height of the to,,,'er (in feet) by a factor o~2.5. (Thc minimum separation distance is 2 V: times the height of the tower.) Towers v. hich do not meet the scpax-ation requirement may apply for a variance in accordance with section 2.7..<. Agricultural zoning distr~cts '.,,'ithin the urban designated area: To,,,.crs not exceeding 200 feet. .Agricultural zoning districts within the rural designated area: Towers not exceeding 280 feet. All agricultural zoning districts: No tower that exceeds ~wo hundred and ciehtv (280) feet in heilzh~ exclusive of any anl¢nna affixed theretn~ shall bc alloweG on any site comprising less than 20 acres under common ownership or control except {;uch ~.': co.-.d!:!:~.:] ..:-,,: .:i:~. v,h;.;,~ towers can be approved as a conditional use on sites of less than 20 acres if the tower il; ~O bc located in the eeneraI area of thc ~rocx~sed site and the aoolio~t cannot whh economic feasibilitv acquire title tO 9r control of a suitable tower site of at least twenty (20) acres in the reouired eeo£ra~hic viqjnitv 9f the ~ro~osed tower site. Words ~ ue deleled, words ~ iuc added SUBSECTION 3.E: AMENDMENTS TO SUBDIVISIONS DIVISION Division 3.2. Subdivisions. of Ordinance 91-102. as amended, thc Colllcr Count.'.' Land Development Code. is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS° Sec. 3.2.4 Exemptions. 32410.2 Exemption from platting and subdivision regulations. Thc division of property'. 9C~;urril~g ofior to July 15. 19qS. meeting thc definition of rural subdivision shall not require the subdivider to record a final plat nor comply u4th the subdivision regulations provided in division 3.2. The subdivision of vro~rti¢$ occurrimt after JuN 15, 1998 ~=~'441 not cxemot from olartine and filine a vrelimina~' l;ul;,division olaf ePSp). However. thg ~,licabilitv of all required subdivision imorovemcnts and standards as set forth in secfigrl 3,2.8.3. reauired imt~rovemcnts of this code l~hall ~ determined by thc devclooment se~'ices ~md envimnmcnlal ~rvices administrator on a case ~,v case basis. The aoolieant, thtoulth the oreliminarv sulxlivision ola~; (?SPy orocess rrl~v yeq~e~t v, aivers from certain ~reauired imorovements". Th.: :';~i:'i~:: :.':~ :he ~u::.~;.~: 0£ :he ~':z.~;.' :&:ll ;;,::~ eh: ,-~eu!::i:v,: ~r:'. ~e~ i.~ ::::icy. ].2. !.!0. Thc subdivider and ourcl'~ser of mcetin~t definition Ca) of rural su~i','ision shall ¢gmplv v, ith Sections ).2.4.102 through 32,419.4 o£ this code. The division of property not meeting the definition of rural subdivision is required to comply' with all requirements of division 3.2. Deeds and other com'e)'ances. All deeds and other conveyances for properties meeting definition of rural subdivision oursuant IO division 6.3 (aY ~hall include in ten-l~int type follo,s'ing statement: 3.2.a10.3 "NO GOVERNMENTAL AGENCY. INCLUDING COLLIER COU,'NTY. SHALL EVER BE RESPONSIBLE FOR TIlE MAINTENANCE. UPKEEP OR IMPROVEMENT OF ANY PRIX, ATE DPdVES. ROADS. STREETS. EASEMENTS OR RJGHTS.OF.WAY PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED". Building permits for rural subdivisions. Buildine lNrmitl~ wilt not ~ is,ued until thc final .................................. 0'-'-.~:: ~. 3.2.4.10.4. Access agreement, Thc owner of property applying for a building permit, which ~v definition ir~ division 6.3 (a} is deemed to ~ a rural subdivision, shall execute a release and ~'aiver agreement which shall be executed and recorded at the applicants expense in the official records of Collier County. The release and waiver agreement shall be in a form approved by the county attorney or his designee, and shall include, at a minimum, the tbllowing provisions and a copy of the recorded agreement submitted with the proper'~y owner's building permit application: SUBSECTION 3.F: AMENDMENTS TO SITE DEVELOPMENT PLANS Wo~s :~"-c:~ :~."::c~Y. are deleted, words underlined are added. Division 3.3., Silo Development Plans, or Ordinance 91-102. as amended, thc Collier County Development Code, is hereby amended to read as follows: DIVISION 3.3 SITE DEVELOPMENT PLANS Sec. 3.3.5. Site development plan review (SDP) procedures. 3.3.5.5.5. Infrastructure /mprovement$ plans. Detailed on-site and oH'-site infrastructur~ improvement plans and construction documents prepared in conformance with the design s~ndards of division 3.2 and any current county ordinances, regulations, policies and proced~cs which consists of, but ate nc~t limited to. thc £ollowing items: A cover sheet setting forth the development name, applicant name, name of engineering firm. and vicinity map. Improvements for water and sewer service as needed or as may have been specified during a preliminary site development plan review prepan:d in conformance with Collier County Ordinance No. gg-76 as amended. Improvements for roadway, motor vehicle and non-rnotoriz~c~ ~ circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the preliminary, site development plan review. prepated in conformance with section 3.2.8.4 subdivision design requirements (for purposes of this requirement, all references in section 3.2.8,4 to "subdivision" should be read to mean dcvclopmem. where applicable and appropriate). Non-motorize~ ¢in:ulalign iii defined as mgvemeni by ~rson~; 0,, f~t. bicycle or ogher human-~wered d~vice. Non-molorize, I circulation is considered safisfa~ggr~, where sidewalks and bicvcL facilities ate m'ovided in a fashion no less comorehcnsive thal~ a~ o~d/ned under subsection 2,8.~.4 and section 3.2~[. S~ci~i a~endon :;hall be liven to th~ rleed~; Of the di~blg'd a-, ~rescnbed ~. the Americas ~h Di~biliHcs Ac~ of 1990. Tb~ · bsenc~ ofo~cdons in the ~ublic d,h~f-wav sh~ll ~ dcmonst~cd, includin~ ~ovisions for ~fc ~d convenien~ ~t~ crossin, Sidewalks ~d bike ~a~hs a~ in~e~ecdons shall continue · c ~e ofcu~ -.//7.. Two curb r'~'nm shall be ~rovided for sidewalks ~ bike ~aths al each s~ree~ corner of~n inle~ection. Curb ram~s shall be a minimum Qf~ inches in ~iclth and shall not rise a; a ratio i~r~a~cr than as Qu~lin~ b, the Florida ^cccssibilitv Code for Buildini Consu'uc~ion, ,,tllllllll~l Words ~,~e~s..sl~,e~ ~'~ d~let¢d, wo~ds un~t~'!ins'd ~'c ~ddcd. Crosswalks shall bc r~ouired al any intersection where the distance Ibc hearts! cross~alk is e. rcater than 1000 feet, Improvements for water management as needed or as may have bt'tn sit--tiffed alu:lng thc prelimina.E,.' site development pian review. prepared in conformance with section 3.2.8.4 subdivision design rcquir:mcnts (for pm'poses of this requirement, all references in section 3.2.8.4 to "subdivision" should bc mad to mcan development. where applicable and al~ropriatc), and pursuant to South Florida Water Management Disa'ict rules, chapter 40E-4, 40E-40 and 40E-4 I. Flori~ Administrative Code. .~7_, All nccessa~/ stand~rd ~ special de~ls associated with sections 3.3.5.5.5.2 through 3.3.5.S.5.4 above. &..8. Wrinen tcch. nlcal Sl:X'cifications for all infrastructure improvements to be performed. Engineering design computations and repons for water, sewer, roads and water management facilities, as required by federal, state and local laws and regulations. Topographical map of the property which shall include the following: a. Existing Features. such as. watercourses, drainage dhchcs. la, es. marshes. b. Existing contours or representative ground elevations at spot locations and minimum of SO feet beyond property linc. c. Benchmark locations and elevation (NGVD). ~II Site clearing plan and method of vegetation disposal. SL'BSECTION 3.G: AMEND.MENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION Division 3.9. Vcge~tion Removal. Protection and Prescr','ation. of Ordinance 91 - 102. as axnended. Collier Count.,,' Land Development Code. is hereby amended to read as £ollov,.s: 3.9.5.2.6. 3,9.5.5.5. DIVISION 3,9 VEGETATION REMOVAL. PROTECTION AND PRESERVATION Protected vege~tion proposed for removal is normative. Replacement of normative vegetation shall be v.'ith native vegetation of comparable caliper and area and shall be subject to the approval of thc development services director or his/her designee. In the event that comparable caliper or diameter at breast height (dbh) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping bc accepted. (Exceotions will be grained for removal of normativ,: vegetation as lis~ed in Sections 2.4,4.9 th.rough .~,4,4.1 l. The reolaccm~pj reauircment for this ve,ctation shall be on a I:I basis, usin, thc minimum miti,,ati~u sl~ criteria listed under Section 3.9. S.5.4.1 Rcplacemcm native vegetation shall bc planted within 14 calendar days of removal. Bona fide Aagricultureal us¢:; shall be exempt from the above preservation requirements provided tha~ any new clearing of land for such agricuhureal uset shall not be convened to nonagricu/lura] development for at least ten years. For the oumose of this ~"cfion. the term Ixrna fide aericuhuraJ uses shall include ~ ' ' .. · For any such conversions in less than ten years, the conver~ed land ,,,,'ill be restored with native vegetation to the degree required bv this code at thc time thc cleating occurred. · , ' . · iv ,,[ t v t 'i 'i r · ' v v, 'ti n exem ItOh to the a ve r rvat[ n · ' t rally rtv or c ntial ic ,' a · v .r ' ' . .9 and c met ri ','.'here it czn dcm trt at 't i · t r t u Iici al wareduct' ninall r rathe reoutrcrnent$ for ~r~servation ofexistinc, rlati,,.e vegetation_. SECTION 3.tl: AMENDMENTS TO DEFINITIONS SECTION Division 6.3 Definitions. or' Ordinance 91-I 02. as amended, the Collier County Land Development Code. is hereby amended to read as follows: DIVISION 6.3· DEFINITIONS Dwelhng. single-fumdy or one-famdy A building v, h/ch I ) contains only one ( t ) dwelling unit; -~) is intended, designed, used and occupied by no more than one ti) i'amily; 3) meets the minimum width across an}' front, side or rear elevation oft',,,enty.four (24) feet; and 4) meets the minimum floor area and maximum height requirements of this code· The following conditions are as much a par'l oflhe definitions as the principal definition: The duelling shall comply- ~ith thc minimum square Footage requirements for single-family du, ellings of this code for the district in ~.'hich it is located. The d'*e!ling shall be connected to a public sev,¢r and '.,,atcr supply or to such pm, ate facilities appro~.ed b? thc count}' health department. The term single.fami].,, du, ellin~ ma}' include manufactured homes ',',hen placed on permanent foundation. ManufaCtured homes must meet minimum width, minimum square footage, maximum height and all other requirements applicable to on-sHe built d~¢llinDs. d On-site built as ~ell as manufactured homes must be firmly attached to a permanent foundatIon constructed on the site in accordance with the county building code. e. In the e~.ent that adu, elling is a mobile home, it must comply with minimum v. idth and minimum square footage and must be secured to the premises by an anchoring system or de,,ice complying with thc rules and regulations of thc Florida mobile home commission. Each mobile home shah be installed with the ',',~heels under carriage or chassis: Am i/chore c m Ivin wit therule andr 1 ti n fthe ~! h mecomm~ I nshalln tbecon ideeda in lc- arnilv weHin . 'f- '] n ' in ~ t ets ',.,.'hi h all w sin lc. il'.' w .'n ' u Is th term m lie home i ex e Iv tarea Rural Subdivtston: The division of a parcel of land within thc rural area as defined herein ,*heifer improved or unimproved, into P,,,,,e- ~ or more contiguous parcels of land of u, hich is risc acres or greater, and not including any change in a public street, rights-of. wa), or access easement. The following prior or future divisions of land shall constitute thc subdivision of rural lands: Lots or pa;eels within thc rural zrca that are a lot(s) or record as defined herein and identified on thc tax roll as o£Dccember .3 I. 1993 or valid contracts for deeds as of the same date. provided they have a private easement reset'ed or recorded in the public records or a public or private right-o£-way that has access to an easement as o£December 199~: or. (b) Lots or parcels five acres or greater that arc created after December 31. 1993 a,qd ,rior to July IS. 199~ that gain access tMough the grant of a private access cascrnem or private right-of, way. (c) Lots or parcels five acres or greater than that are created aJ~ter ~ JuN 15. 1998 that gain access through the grant o£ a private access easement or private right-of-way. This form ora rural subdivision shall not be c×c,:,ot from ~relir, finarv subdivision plat (PSP) .roccss. However. reauired subdivisig,~ improvements and standa;ds shall lpc reviewed bv the dcvelo.mcnt services and environmental sen'ices administrator on a case by case Sign. cons;rucaon: A tcmpora;7 sign placed in advance o£ issuance o£ a certificate of occupancy or' a building or strucn, u'e indicating thc name oF the building or structure, thc architects, the contractors, and other similar information reg~ding thc building or structu~. Construction si,ns do not contain any oromotignal 9r ~alc:~ material. (See division 2.5.) SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordin~ce conflicts v, ith any other Ordinance of Collier Count.,.' and other applicable law. the more reslrict[ve shall apply. If'any please or portion of the Ordinance is held invalid or unconstitutional by any courl of competent jurisdiction, such portion shall bc deemed a separate. distinct and indel~ndent provision and such holding shall not affect the validity, of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The proxisions o£th.s Ordinance shall become and be made a par~ oFthc Land Development Code o£ Collier County. Florida. The sections o£ thc Ordinance may be renumbered or relettered to accomplish such. ~nd the ~,ord "ordinance" may bc changed to "section". "article". or an.',' other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Depa~'Iment PASSED AND DULY ADOPTED by thc Bo~d of County Commissioners of Collier County. Florida, this day oF .1998. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORJDA ATTEST BY: BARBARA B. BERRY. CHAIRMAN DWIGHT E. BROCK. CLERK APPROVED AS TO FOR.M AND LEGAL SUFFICIENCY MAPd4)RJE M. STUDENT ASSISTANT COUNTY ATTORNEY ~'orcls ~ ate ckle'L~:L words underlin¢cl ate ackkcL · ' EXECUTIVE SUMMARY. RECOMMENDATION TO TERblINATE EXISTING CONTRACTUAL AGREEMENTS WITH THE GOLDEN GATE AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICTS FOR SERVICE PROVIDED TO TIIE COLLIER COUNTY FIRE CONTROL DISTRICT. ~ To cancel the existing Collier County Fire Control District contractual agreemenls with participating fire departments and negotiate successor agreements. CONSIDERATION: Pursuant to Collier County Ordinance No. 84-84, the County created the Collier County Fire Control Municipal Services Taxing Unit to provide fire protection services outside of existing fu'e district boundaries. Fire protection has h~stodcally been achieved by contractual agreements with Ochopee Fire Control District, East Naples Fire Control and Rescue District, Golden C..me F'u'e Control and Rescue District and Isles of Capri Munidpal Rescue and Fire Services Taxing District. Currently, the properly owners within the Collier County Fire Control District are taxed a~ a rate of 2 mills. The existing agreements allocate ali of the taxes assessed in this District to the four participating fire protection agencies. Prior to the incorporation of Marco Island, fire protection services to Goodland and Horr's Island were provided by the Marco Island Fire Control District. Goodland and Horr's Island were excluded from the City of Marco corporate boundaries and therefore became part of the Collier County Fire Control District. The City of Marco charier stipulates that the City will provide fire protection services to these areas via an interlocal agreement with the County. As a result, the contracts will need to be modified to provide funds from Distdct ! to pay for services provided by the City to Pursuant to direction given by the Board at the budget workshop held on .Iune 22, 1998, the new contacts will maintain the current funding allocation methodology for lhe existing service providers through September 30, 1999. Written notice of cancellation is required on or before luly !", becoming effective October 1", of any given year. FISCAL IMPACT: Latest tax assessment rolls project that FY 99 disbursements from the Collier County Fire Control District to be $359,500.00. GROWTH MANA~;EMENT IMPACT: None RECOMMENDATION: That the Board terminate the contractual agreements with the Golden Gate and East Naples F'tre Control and Rescue Districts for service to the Collier County Fire Control District and direct staff.to negotiate successor agreements to become effective October i, 1998. Jei~P/a~ EMS (~ornmander REVIEWED BY: ~ ~ ~C ~_ ~ _----~, Leo Ochs, Support Sf~'ices Administrator Dale: ~./,~/'~.~ ~r.,E 02 ,;O..L IEm E."~JE: SERVICE AGREEMENT BETWEEN THE ~ .N_A~PL..E~/J,R, EIER ,.~,.,~-un, A~n uF-qCUE DISTRICT AND THE BUAItU ur ~v~,,~ ~,~.,~v., ...... -"~OU NTY COMMISSIONERS COLLIER COUNTY, !fLORIDA VICE AGREEMENT (A~reement) made this.lfib_ day of This SER '_ .... ,-- hOARD OF COUNTY I 97 by and ~e~een ~ 9 , ......... ~ ~ORIDA, ~erelna~r COM~IONE~ OF COLLieR ~'~~ FIRE CO~ROL ~D R~CUE DIURIl. · r Cmunty Ordinance 84- 84, as EREAS pursuant to Collie . . ....... WH , ~' --' ..... rs create(l toe q~otlier amended, the Board. o.f. Co. un. t~, ~___num~_.~,~.t~.' nit- herei-a~ter ttnlCl Itl omrvz~ County Fire Control M P ..... · ,~:_..:.., - x · and referred to as the # Collier County Fire uontroi ~fHEREAS, the .Collier County Fire Cmntrol District, as created by oilier County Ordinance lqo. 64 - 84, as am,ended, include a. li of the -C-°t-.~.*~orated area of Collier County, Florida, tha_t is not, included ~t"~l'~ a' ~dependent or independent fire control district; ann DISTRICT has the necessary equtpmen~ ai2u .t~.--~, , s Exhibit "A' attached hereto in fire department response procedure .... . arid lncorpo.rated herein, to provide fire co.ntrol, tire prevenzzon ann re~xle services to sub-areas of the ~olller County Fire Control District; and WHEREAS, certain portions o.f the Collier County Fire Control District described above requires ~re and rescue protection services; and ' WIIEREAS, the parties desire to enter into this AgTeem.ent under the authority of the Florida tntergovernmenetal f~or° t~a~u°rn_oA~ ~ 1969 (as amended), being Chapter 1.63.01,e.t.s q., · p .~ -L--e most ef~ciently providing fire wer3dce anct Fescue service ~o wvs WeoWraphlc areas an.d parts of the Collier County Fire Control District which are the subject of this Awreement. NOW, THEREFORE, in consideration of the premls.es.and. covenants set out herein, and other valuable considerations tn nana received this date, each party from the otheF, which Js hereby acknowledged, the parties hereto agree ms follows: JUN 2 4_-11 J8 1. 'l'ne term of this Agreement shall be ef~ecCive from October 1, 199'/ to September 30, 1998, and, thsreafter, shail be deemed extended year to year upon tbs same terms and conditions contained herein. This Al'reement may be &mended as to its terms and conditions at any time by mutual consent of both parties, through & writing executed with the s&me formalities as this Agreement by both parties. t. The F, AS~ NAPLES FIRE CONTROL AND RF.~CUE DISTRICT agrees to furtLlsh fire and rescue protection services, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to ertabUsh the closest station to the response service area. The FAST NAPLES lilLE CONTROL AND RESCUE DISTRICT shall furnish said fire &ual rescue protection services within a primary zot~e of coverage within the Collier County Fire Control District, u weU u in other backup zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief shall, in co,unction with other agency flre chiefs servicing the Collier County Fire Control District, forward to the County a map Indic~ting and confirming each agency's primary and secondary response zones within the Collier County FiFe Control District- The Fire Chief of the EAST NAPLES FIRE CONTROL AND RF. SCUE DISTRICT and the Chief of the County Department of Emergency Services, or their designee's, shall co.operate to estabUsh and define said primary and backup zones within the Collier County lire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the rui'ular EAST MAPLES FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance fred reSOUrCe limitations of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. 'l'ne COUNTY agrees to pay the EAST NAPLES FlEE CONTROL AND RF, SCUE DXSTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during rise. sd 'Rear 199%1998. Payment sh~ll be calculated from the latest tax assessment roUs available Mfty 1' of each year of this Agreement. Available tax ravonue Is the total funount of taxes available for flra and rescue protection JUN 2 ½ 1998 ,.'L'~_L IE~ EMEm SE~', services after costs of'collection hav~ been deducted. Payment is to bo paid on a quarterly basis on January 1; April 1; July 1; and September I. Revenue and payment will be based on the f'oilowLuf formula: Totll ad v.~lorem revenue f~r the Collier County Fir~ Control District less colJoction fees &nd 'administrative costs, less negotiated payment of 12.01% to the Isles of' Capri Municipal Rescue and Fire Services Taxing District. The East Naples Fire Control and Rescue District, the Ochopee FiFe Control District and the Golden Gate Fire Control and Rescue District shall each receive 29.B~% of the rem&Jn122g b&l&nce. Pa)'ments to the East Naples Fire Control and Rescue District shftll be made quarterly by the COUNTY on the following dams; January I, April 1, July i, and September !. 4. Both parties to this Afreement hereby afree to cooperate and participate In mutual progrLms and projects in the interest of fire and rescue protection within the County of Collier, and with the Fire Marshall of the State of Florida. S. This A~eement may be terminated by eltheF party by the sendin[ and Feceii~ of written notice of termination by the other p~trtz, on or befoFe July I" of each fiscal year. In the event that notice of te.~inat~on Js provided, it shall be effective berlnntns~ on the first day of October after delivered and received. Notice shall be considered sent and received if delivered to and received by the Collier County Emergency Set, ices Chief, or the Fire Chief of the F.~st Naples Fire Control and Rescue District. Notice may be made by U.S. Mail, return receipt requested, or by hand deliver:y. 8. All Service Afreements, and amendments thereto, between the County and the EAb'T NAPLES FIRE CONTROL AND RESCUE DISTRICT relatln[ to the area previously termed the Collier County Flre Control District are hereby rescinded and superseded. rn WITNESS WHEREOF , the p .a~es herejt)_c]o h~reby affix their hands and seals on this ~day ~~-.w ~ 1997. No. ~ /~S _ JUN 2 4 J998 Attest: Fred Johnoon, EAST NAPLES FIRE CONTROL AND RESCUE DLSTRIC~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form &nd / ! ; . ///f. leftl suflldenc~ Heidi Ashton · ° Assiwtant County Attorney p~r.~ o6 FI~SI' DqJE m A/4O i 'rANKE)q m m i I P~JMPI)q I P~MPF. R t TANKE~ SERVICE AGREEMENT BETWEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CE AGREEMENT (Agreement) made this ~//~ay of 1997, by and between the BOARD (~F COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. WHEREAS, pursuant to Collier Coul2ty Ordinance 84- 84, as amended, the Board of County Commissioners created the Collier County l~re Control Municipal Service Taxing Unit, ( hereinafter referred to as the ".Collier County Fire Control District"); and WHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84 = 84, as amended, include all of the unincorporated area of Collier County, Florida, that is not included within & dependent or independent fire control district; and WHERKAS, the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described ' in fire department response procedures Exhibit "A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the District described above requires m~rvlces; and Collier County Fire Control fire and rescue protection WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 (as amended), being Chapter 163.01,et. seq., for the purpose of most efficiently providing fire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this Agreement. NOW, THEREFORE, in consideration of the premises and covenants set out herein, and other valuable considerations in hand rueeived this date. each party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1997 to September ~0, 1998, and, tberea~er, extended year to yea.r upon the same terms anct conalt~o.ns This Agreement may be _~_mended as to its contained herein.. terms and conditions at ~ny time by mutusl consent of .b~..th parties, through a writing executed with the same fo,"~ahales as this Agreement by both parties. The GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire protection and rescue services, to a portion of the Collier County Fire Control District. The fire department responses as described in E~Nibit "A' shall be deemed to establish the closest station response to calls For service in the Collier County Fire Control District. The GOLDEN GATE · FIRE CONTROL AND RESCUE DISTRICT shall furnish said fire protection and rescue services within a primary son? of coverag.e within the Collier County Fire Control Diwtrlct, as well as tn other zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County .or of~ other C..ollier County Fire Control District contract provsders. The Fire Chief of the GOLDEN C. tATE FIRE CONTROL AND RESCUE DISTRICT shall, in conjunction with the Chief of the County Department of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the County & map, indicating and conflrmint each agency's primary and secondary response zone within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services f~trnlshed within the regular GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT, taldn[ into consideration the time, distance and resource limitations of the GOLDEN GATE FIRE CO .N~FROL AND RESCUE DISTRICT. The COUNTY agrees to pay the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during Fiscal Year 19974998. Pa~ment shall be calculated ~rom tbs latest t&x assese~ent rolls available May 1" or each ~ar of this Agreement. Available t~x revenue is the total &mount of taxes available for fife and rescue protection sorvices after costs of oollection have been deducted. Payment is to be paid on a quarterly basis on Januar~ 1; April 1; July 1: and September 1. Revenue and payment will be based on the Following formula: Total ad valorem revenue for the Collier County Fifo Control District less collection bee and admlnlstrativa costs, less negotiated payment of IS.01% co the Isles or Capri Municipal Refine and Fire Services Taxing District. Tbs East Naples Fire Control af, d Rescue District, the Ochopee Fire Control District and the Golden Gate Fire Control and Rescue District shall each receive B0.S3% of the remaining balance. Payments to the GOLDEN GATE FIFO Control and Rescue District droll be made qua~-terly by the COUNTY on the January I, April 1, July I, and September 1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and pro~iects in the interest of fire &nd rescue protection within the County of. Collier, and with the Fire Marshall of'the State of'Florida. 6. This Agreement may be te,,,~lnated by either party by the oendlng and receipt of written notice of termination by the other p~rty, on or be~oro July 1" of~ each fif~,LI year. In the event that notice of te _r~iuation is provided. It shall be effective beginning on the first day of October aider delivered and received. Notice shall be considered sent and received if delivered to and* received by the Collier County Emergency Services Chief, or the Fire Chief of the (leiden Gate Fire Control and Rescue District. Notice may be made by U.S. Mail, return receipt requested, or by hand delivery. 6. All Service Agreements. and amendments thereto, between the County and the GOLDE;~ GATE FIRE CONTROl, AND RESCUE DISTRICT rehtinf to the area previously termed the Collier County Fifo Control District are hereby rescinded and In WITNESS WHEREOF , the parties here d~L~erebY af~x their hands and seals on this~ day of___~c:~:~ 1997. Ol Attest: Dated:/0-~ ~q GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA T mo, y Chairman Apptoved is to form and I / I L~,/;. lefal sufflctency:~ Assistant County Attorney JUN 2 ~ 1998 UNKNOWN DIVISION OF FORF~TRY 1 TANKER ANO 1 BRUSH UNIT DIVt610~ ¢:~ FORI~TRY I BflL~H UNIT OR 1 ENOINE R£SCtJE UNIT WITH WATER 8ECOI~ I;X.m ~ BRtJ~H UNIT '1 ENGINE I~0 I~SPONSE NO RE3~E 1 RE~gCUE UMT NO RESPOI~E L4RGE VEHICLE RRE (TRUCX. RV. SE~ oR 2 ENGINES OR 1 ENGINE ANO 1 TANKER 1 COMMANDER 1 E~ OR 1 T~ t COMMANOER UMT~ MAY BE SUBSTITUTED DUE TO TIME, D~T~ ANO RF..~RCE LJMITAI'KX~ OF THE PMTICIPATING ~. CO~ER: ANY OFFIGER THAT H,M A~ FOR COMMANO.