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Agenda 12/02/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 2, 1997 5:05 P.M. NOTICE: ALL PERSONS WISIIINC TO SPEAK ON ANY AGENDA ITEb! MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS TIlE BOARD ON SUB,~ WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EX~PLANATION TO THE COUNTY ADbIINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WltO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE TttAT A VERBATIM RECORD OF THE PROCEEDINGS IS blADE, WHICH RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIblITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY TIlE CHArRMAN. ASSISTED LISTENING DEVICES FOR TIIE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COblMISSIONERS' OFFICE. INVOCATION PLEDGE OF ALLEGIAN(~E ADVERTISED PUBLIC HEARINGS An Ordinance amending Ordinance 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensh'e 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 to the Land Development Code, more specifically amending the following: Article 1, Genernl Pros{sic, ns, Division 1.6, Interpretations; Article 2, Zoning, Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards; Dirlsion 2.4., Landscaping and Buffering; Division 2.5, Signs; Division 2.6, Supplemental District Regulations; Article 3, Division 3.2, Subdivisions; Division 3.4, Explosives; Article 6, Division 6.3, Definitions, including, but not limited to, the definitions of antique stores, pawn shops, used merchandise stores, roof sign, wall sign and directory slga; Appendix D, Airport Zoning by replacing Zoning Map B, blarco Island Airport, Zoning Map C, Everglades Airport, Zoning Map D, lmmokalee Airport; Section Four, Conflict and Severability; Sectlon Five, Inclusion in the Land D~elopment Code; and Seetlon Slx, Efl'~ctlve Date. 4. 9'r~e~ 5. EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WItlCH INCLUDES THE COMPREHENSIVE 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 TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.6. INTERPRETATIONS; ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DI',,FISION 2.5. SIGNS, DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY R£PI,ACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AIRPORT, ZONING MAP D., IMMOKALEE AIRPORT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. ~ To have the Board of County Commissioner's review and approve the proposed LDC amendments. ~2sAII.0.I~ This is the first oftwo (2) required evening public hearings for the July 1997 LDC amcndment cycle. These amendments were reviewed by the Collier County Planning Commission during two evening hearings (one held on November 13, 1997, and the other scheduled to be held on November 25, 1997). Since the November 25, 1997 C CPC hearing has not yet occurred, staff is compelled to verbally provide the Board with the CCPC's final recommendation. These am. ~"~"~""'~ been reviewed by the Development Services Advisory Committee ~'1~.~~ -1- 1997 amendments were supported by the DSAC. Where the DSAC made a particular recommendation regarding a specific proposed amendment, such recommendation is addressed on the respective amendment cover sheet. ~"ISCAL IMPACT: Fiscal impacts resultant from or related to these proposed LDC Amendments are discussed separately on the attached cover sheets. GROWTH MANAGEMENT IMPACT: All of the proposed amendments have been reviewed for compliance with the Growth Management Plan and have been found to be in compliance with and supportive of the Collier County Comprehensive Growth Management Plan. PREPARED BY: p~..~/~G SER. V ICES DEP ART M ENT DIRE CT OR. D~,TE [ VINCENT A. CAUTERO, AICP ADMINISTRATOR COMMUNrrY DEVELOPMENT &ENVIRONMENTAL SERVICES DIVISION -2- DEC, 0 2 1997 _ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEV. & ENV. SERVICES DMSION DATE: NOVEMBER 17, 1997 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COlvfPREHENSIVE ZONING REGULATIONS FOR THE UNYNCO~O~ AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DMSION 1.6. INTERPRETATIONS; ARTICLE 2, ZONING,' DMSION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.4. LANDSCAPING AND BUFFERING, DIVISION 2.5. SIGNS, DMSION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DMSION 3.2. SUBDIVISIONS, DIVISION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF ANTIQUE STORES, PAWN SHOPS, USED MERCHANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN; APPENDIX D, AIRPORT ZONING, BY REPLACING ZONING MAP B., MARCO ISLAND AIRPORT, ZONING MAP C., EVERGLADES AI~,PORT, ZONING MAP D., IMMOKALEE AII~ORT; SECTION FOUR, CON~FLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. CONSIDERATIONS: Due to the fact that there are changes proposed to permitted and conditional uses, the Planning Commission is required to consider these amendments during two (2) evening hearings. The first of these two required public hearings was held on Thursday, Novembcr 13, 1997, at 5:05 P.M. This is the staff report for the second of those two required public hearings scheduled for Tuesday, November 25, 1997 in the Board Hearing Room on the third floor of the Administration Building. A detailed analysis of thc proposed changes can be found on thc cover sheet oft amendment. This analysis provides information on th~- origin of the proposv author(s) and the Depar~ent where the author(s) work; the LDC page and s~ description of the change; and, a fiscal impact analysis of the change. Addifiom sheet provides the result of the Plarming Commission's straw ballot on each amendment, and a description of any changes directed by the CCPC relative to a particular amendment. These amendments have been submitted to various departments, agencies and review entities, including the Development Services Advisory Committee ODSAC). STAFF RECOMMENDATION: Staff is requesting that the CCPC review the proposed changes and recommend any changes deemed appropriate. Staff will incorporate the recommendations of the Planning Commission into an executive summary for presentation to the Board of County Commissioners at the Board's LDC Amendment heating scheduled for Tuesday, December 2, 1997, $:05 P.M. (The second BCe hearing is scheduled for Wednesday, December 17, 1997 $:05 P.M.). PREPARED BY: ROBERT J. MULHERE, AICP CUKRZNT PLANNING SECTION MANAGER DONALD W. ARNOLD, AICP PLANNTNG SERVICES DEPARTMENT DII:LECTOR VINCENT A. CAUTERO, AICP COMMUNITY DEV. & ENV. SERVICES ADMINISTRATOR COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN DATE DEO 0 1997 ORIGIN: Current Planning AUTHOR: Wayne Arnold, AICP, Planning Services Director DEPARTMENT: Planning Services LDC PAGE: LDCI:I0 - LDCI:I2 LDC SECTION: 1.6. CHANGE: Revisions to Section 1.6. to clarify that an appeal of an interpretation may be requested by the applicant for such interpretation, as well as any affected person. Additional changes specify the time frame within which an interpretation, once rendered, remains effective, and prohibits additional request for interpretation of the same issue during this effective time period. REASON: Once an interpretation is requested, the appropriate action for staff, is to amend the section ora particular code which is unclear and warranted the interpretation. If a particular code is clear and the staff finds that no further amendment is necessary for clarification, or if any affected individual or entity disagrees with slaws interpretation, they may appeal such interpretation. Where an interpretation is site specific, property owners within 300 feet are noticed. In all cases, interpretations are advertised both when the request for interpretation is received, and when the interpretation is rendered. This provides sufficient opportunity for any individual or entity to become familiar with the issues, and ifthey are .so inclined, to provide staffwith any pertinent information. This also provides sufficient opportunity for an affected individual or entity to appeal the interpretation once it has been rendered. It is counter productive and unnecessary to allow additional requests for · interpretation on a particular issue once an official request for interpretation has been received, or an appeal an appeal of an interpretation has been initiated. Of course, at any time, additional relevant information may be submitted to staff for consideration. FISCAL & OPERATIONAL IMPACTS: None NOTE: The Development Services Advisory Committee (DSAC) reviewed this amendment on November 5, 1997, and recommended that the term "affected properly owner" be defined. Staffconcurs and has included a definition of"affected property owner" and aggrieved or adversely affected party as provided in Florida Statutes Chapter 163.3215(2). The DSAC al~ recommended inseating a sentence into the last paragraph of section 1.6.6. stating that "Failure of the applicant, affected property owner, or aggrieved or adversely affected party to comply with the requiremu"nts of this section is jurisdictional and failure to comply will constitute a waiver of the right to appeal." Staffdoes not concur with this recommendation. It is staWs opinion that the code is clear in stating that an appeal must be received in writing, with the required fee, within thirty days of the date of receipt of the interpretation, or within thirty day~ of the posting of the notification of the interpretation, as the case may be. The co specifies that the appellant specify the basis for the interpretation. Failure to do sc I 1/19/97 1 is currently written, nullifies the right to appeal. Staffis ofthe opinion that this is sufficiently clear. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. RELATED CODES OR REGULATIONS: None DIVISION 1.6. INTERPRETATIONS Sec. 1.6.1. Authority. The planning services director shall have the authority to make all interpretations of the text of this code, the boundaries of zoning districts on the official zoning atlas, and to make all interpretations of the text of the growth management plan and the boundaries of land use districts on the future land use map. The chief building official shall have the authority to make all interpretations of the text of this code on matters related to the building code, building permit requirements, building construction administrative code or building permits. In cases where interpretations of both the building official and planing services director are requested jointly, any conflict shall be resolved by the community development and environmental services administrator. Sec. 1.6.2. Initiation An interpretation may be requested by any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier Cc, unty. Sec. 1.6.3. Procedures. 1.6.3.1 1.6.3.2. 11/19/97 Submission of request for interpretation. Befog an interpretation shall be provided by the planning semites director, or chief building official, whichever is applicable, a request for interpretation shall be submitto:l to the planning services director or chief building official, whichever is applicable, in a form established by him. A fee for the request and processing of the request shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. AI~£ND.~ lqo. Determination of completeness. After a request for interpretatior aaa 1997 received, the planning services director or chicfbuilding official vhi~eOig 1.6.3.2.1. 1.6.3.3. applicable, shall determine whether the request is complete. If the planning services director or chief or building offficial, whichever is applicable, determines that the request is not complete, he shall serve a written notice on the applicant specifying the deficiencies. The planning services director or chief building official, whichever is applicable, shall take no further action on the request for interpretation until the deficiencies are remedied. Notification of affected property owner. Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. Rendering of interpretation. After the request for interpretation has been determined complete, the planning services director or chief building official, whichever is applicable, shall review and evaluate the request in light of the growth management plan, the future land use map, the code and/or the official zoning atlas, and building code related matters, whichever is applicable, and render an interpretation. The planning services director and the chief building official may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the county attorney for legal form and sufficiency. Interpretations made pursuant to this section shall be rendered within 45 days of issuance of a determination of completeness made pursuant to section 1.6.3.2. Sec. 1.6.4. Form. The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Sec. 1.6.5. Official record. The community development and environmental services administrator shall maintain an official record of all interpretations rendered by either the planning services director or chief building official, which shall be available for public inspection during normal business hours. 1.6.5.1. Ncti:z Ac :.~, .... '~':---' Notice ofintervretation.. The community development and environmental services administrator shall provide public notification upon the issuance of an interpretation. For general interpretations of the building code, Comprehensive Growlh Management Plan or Land Development Code, notice of the Cede interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For interpretatior ~ a-'"'z~&~iO,a4.Tg~ specific parcel of land, notice of the interpretation and appeal tim be advertised in a newspaper of general circulation, and mail noti I 1/19/97 3 :e of the 1DF...G 0 2. 1991 interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. 1,6.5.2. Effective time limits of an inter, vretation. An itlterpretation rendered by the planning services director or the building official, as the case may be. shall remain in effect until the appropriate code is amended to clarify_ the applicable provision or provisions which warranted the interpretation are amended, or until ~uch time as the interpretation is adopted, modified, or re_iected as a result of an appeal to the board of appeals and/or the building board of adjustments and appeals, by the applicant or other individual or entity identified in sec. !.6,2. of this code. During the time the interp, relation is rendered and the time the ~appropriate code is amended, or in the case of an appeal, until such time as the board of zoning appeals and/or the building board of adjustments and appeals has rendered its finding, no further request for interpretation regarding lhe same issue shall be permitted. Sec. 1.6.6. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property own6r of a written interpretation sent by certified mail return receipt requested by the planning services director or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building beard of adjustments and appeals for matters relating to building and technical codes as shown ir, division 1.18 or to the board of zoning appeals for all other matters in this code. For the purposes ofthis section, an affected property_ owner is defined as ail. owner of property located within 300 feet ofthe property lines of the land for which the interpretation is effective. An aggrieved or affected party is d~fined as any person or ~oup of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growlh Managemes. it Plan. Land Development Code. or building code(s!. As provided for in Florida Statures. § 163.3215(2). the alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in de~ee the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning services director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services director's or cliief b .'.u~a~ official's interpretation, whichever is applicable, with or without modifications o~ cond~l'o~ or reject his interpretation. The board of zoning appeals or the building board of i~dju~m~}s g 11/19/97 4 and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the code or the official zoning atlas, or building code, whichever is applicable. code, whichever is applicable. I 1/19/97 DEC 0 g 1997 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino, AICP Chief Planner DEPARTMENT: Planning Services LDC PAGE: Page 2.43, 2.60 LDC SECTION: 2.2.12.2.1, 2.2.16.2.1 (Clarification of Permitted Office Type use for Landscape Architects and the like in the C-1 Dist:ict) CHANGE: Amend Section 2.2.12.2.1 Permitted Uses for the C-1/T and Industrial District to add the use of Landscape and Horticultural Services, (SIC Group 0781). REASON: Current provisions of the Land Development Code make no provision for businesses generally defined as Landscape and Horticultural Services which includes Landscape Architecture (Counseling and Planning), Garden Planning and Horticultural advisory or counseling services. These professional services are similar to the services now allowed under the heading of Engineering, Accounting, Research Management and Related Groups in the C-1/T. Additionally, these uses are permitted in the Industrial District. Furthermore Landscape Architectural Offices have historically been authorized in these zoning districts under the similar catch all provision. Therefore, it is appropriate to specifically provide for these uses in the Code utilization the appropriate SIC code references. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of Nov.~her 13, 1997 Public ~earing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amend the LDC as follows: Section 2.2.12.2.1 Permitted Uses 11/19/97 9:04 AM DEC 0 1997 Offices for Engineering, architectural and surveying services (groups 0781, 8711 - 8713). Section 2.2.16.2.1 Permitted Uses Agricultural services 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, 0781-___~ 0783). 2.2.12.2.1 - 2.2.16.2.1 LDC AR£NDM£:ZT/R~I/md/M:MARI£'S LOC 11/19/97 9:04 AM AO£ N..~ATI~M NO. ~ DEC 0 2. 1997 ORIGIN: Current Planning AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: LDC2:43, LDC2:53, LDC2:56 LDC SECTION: 2.2.12.3.9., 2.2.15.2.1.21., 2.2.15 ~. 2.1.12. CHANGE: Delete SIC 7261 (funeral service & crematories) as a conditional use in C-1. REASON: Identification of SIC 7261 in Section 2.2.12.3.9. as a conditional use in C-1 is in conflict with identification of this use as a permitted use in C-4 (Section 2.2.15.2.1.21 .), xvith the exception ofcrematories, which are specifically identified as a permitted use in C-5 (Section 2.2.15 %.2.1.12.). The proposed change would eliminate this inconsistency. FISCAL & OPERATIONALIMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Planning Commission unanimously (8-0) as set forth below. Public Hearing): The supported this proposed amendment 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the commercial professional/transitional district (C-I, C-I/T), subject to the standards and procedures established in division 2.7.4. 1. Civic, social and fraternal associations (8641). 2. Depository institutions (groups 6011-6099). 3. Educational services (8211-8231). 4. Health services (8011-8049). 5. Homeless shelters, as defined by this code. 6. Increased building height to a maximum of 50 feet. 7. Mixed residential and commercial uses subject to the following criteria: 11/19/97 9:04 AM 1 ND. ~ DEC 0 2 1997 bo C° d° e° g° ko 11/19/97 9:04 AM A site development plan is approved pursuant to division 3.3 that is designed to protect the characl~ of the residential uses and of the neighboring lands; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residential uses are designed so that they are compatible with the commercial uses; Residential dwelling units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; The number 6f residential dwelling units shall be controlled by the dimensional standards of the C-I, C-1/T district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; tv,,o-bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); lhe mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pede_~trlan vehicular accessways and parking areas from residenl iai un~.;'~ the greatest extent possible. 2 DEG 0 g 1997 o Nursi~:g and personal care £acilities (8082). Religious organizations (8661). Soup kitchens, as defined by this code. · t4 il.. Veterinarian's office (0742), excluding outdoor kenneling. 2.2.12.3.9. LDC AMENDM ENT/RG/md/H :MARIE'S LDC 11/19/97 9:04 AM 3 ~£G 0 ~, '~997 / · ,,./,q-,._J ORIGIN: Current Planning AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: LDC2:435 LDC2:53 LDCSECTION: 2.2.15.2.1.21.; 2.2.16 CHANGE: Delete SIC 7221 (photo studio), 7231 (beauty shop), 7241 (barber shop) and 7251 (shoe repair/shine) as permitted uses in C-4 (Section 2.2.15.2.1.21 .), changing this Section to read as follows: Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291 - 7299). Addition of small scale personal service uses to Industrial zoning district as permitted USES. REASON: Identification of SIC 7221, 7231, 7241 and 7251 as permitted uses in C-4 (Section 2.2.15.2.1.21 .) is redundant to identification of these uses as permitted uses in C-2 (Section 2.2.13.2. I. 19). The proposed change would eliminate this redundancy. Addition of several small scale personal service type uses to the industrial district is proposed by staffas there have been numerous request for these type uses over the past few years. These uses, in the opinion of staff, are small in scale and will not detract significantly from the inventory of land available for Industrial development. These small scale personal service type uses can be considered accessory and a convenience to the employee base with a particular industrial district. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services, indoor (groups 7911-7941, 7991- 7993, 7997, 7999), outdoor (7999), including only fishing 1: operation, houseboat rental, pleasuze boat rental, operation o boats, canoe rental. 11/19/97 9:04 AM 1 'pm as 1997 Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 w:th services and repairs as described in Section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: [Size of vehicles.] Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. I. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. go Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. 11/19/97 9:04 AM Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yar [area. AGt~22.~r~ 2 DEC 0 Z 1997 11/19/97 10. Hours of operation. Carwashes abutting residential districts shall be closed from I0:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361- 7397 except armored car and dog rental, 7389 except auctioneefing, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (2752, excluding newspapers). Communications (groups 4812-4841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the iocational requirements of section 2.6.10. 11. Engineering, accounting, research, management and related services (groups 8711-8748). 12. Glass and glazing work (1793). 13. Group care facilities (Category I and II, except for homeless shelters); care units, except for homeless shelters; and nursing homes, subject to section 2.6.26. 14. Hospitals (groups 8062-8069). 15. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 17. I8. 9:04 Miscellaneous repair services (groups 7622-7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catchbasin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor Miscellaneous retail (groups 5912-5963, 5992-5999). 3 repair). NO. ~ BEC 0 1997 19. 20. 21. 22. 23. 24. 25. 26. Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, ~72!9 725! /Z[9.,--IZ~ except crematories, 7291-7299). Real estate (group 6512). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243-8299). Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and of Sce purposes consistent with the permitted uses and intent and purpose statement of the district. Sec. 2.2.16. Industrial district (I). 27. Personal services (groups 721 i-72-1--9fk129.1). 2.2.15.2.1.2 I. LDC AMENDMENT/RG/md/H:MARIE'$ LDC 11/19/97 9:04 AM 4 DEC 0 Z 1997 ~r' ,,. I ORIGIN: Current Planning Section AUTHOR: Bob Mulhere, Current Planning Manager Susan Murray, Principal Planner DEPARTMENT: Planning Services LDC PAGE: LDC2:48 LDC2:49 Article 6, Definitions CHANGE: Amend language in the LDC to allow all uses dealing with secondhand merchandise (as defined in SIC Code # 5963), excluding Pawn shops and retail sales of Used Building Materials, as a permitted use rather than a conditional use in the C-3 zoning district. REASON: Create definitions for antique shops, used merchandise stores, and pawn shops. The C-3 zoning district allows a variety of retail type of uses by fight. With the exception of Pawn Shops and Used Building Materials, retail Antique shops and Secondhand Merchandise stores are very similar in nature and use to those type of retail stores already permitted by right. Definition change: Antique shops, Used merchandise stores and Pawn shops, all deal with the retail sales of used merchandise. While Antique stores and Used merchandise stores are similar in the impacts associated with their businesses, the impacts of their uses tend to be different from Pawn shops. In order to clarify the difference in their uses, definitions for each are proposed. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 'None. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 2.2.14.2.1. Permitted Uses. 15. Miscellaneous retail (groups 5912-5963, except pawnshops and all ..... ~': ..... ;,u .;eco..v~ha~t-m~-we, handi~, 5992-5999). BEC 0 2 1997 2.2.14.3. Conditional Uses. z~7~7~zLe.,~ablishrnents enga~d in the retail sales of artifacts, collectibles or ~ith a person, place, event or time. furnishings, books and musical instruments. ORIGIN: Current Planning AL~HOR: John H. Drury, Executive Director Bryan Milk, Principal Planner DEPARTMENT: Planning Services D~artment LDC PAGE: 2:82, 2:83, 2:84, 2:85 LDC SECTION: 2.2.23.2.1, 2.2.23.2.2, 2.2.23.2.4 CHANGE: The Collier County Airport Authority has updated the Airport Ma~ter Plan Zoning Maps to provide changes to airport runway status, approach zone heights, approach zone lengths, and the horizontal zone radius and width. REASON: These changes are a result of the Collier County Airport Authorities continual evaluation process for each of the airports in Collier County. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None NOTE: This amendment was recommended by the Collier County Airport Authority. The Development Services Advisor5' Committee recommended approval of this mended with the exception that paragraph 6 of section 2.2.23.3.1. as proposed be removed in its entirety. CCPC FIRDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amend the Land Development Code as follows: Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas la and around the airports in Collier County. 2.2.23.2.1. Prirna~ zone. An area longitudinally centered on a nmway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the nmway. The width of each primary zone is as follows: Airports Runway 11/19/97 9:05 AM PRIMARY ZONE WIDTH (FEET) Type 1 Widl DEO 0 £ 1997 Naplea Marco Island Everglades Irarnokale¢ 2.2.23.2.2 17-35 15-33 9-27 18-36 4-22 Other than utility/non-precision instrument Other than utility/precision insu'ument ~thcr than Uiltilitylnon-precision instrument Utility/visual Other than utility/e,e~-precision instrument Other Ihan utility/non-precision instrument Utiliyvisual 1,000 250 5OO 250 1. Primary zone height. No structure or obstruction will be permitted within thc primary zone that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerlinc. Horizontal zone. Thc area around each public use airport with an outer boundary, the perimeter of which is constructed by swinging areas of specified radii from the center of each end of the primary zone of each airport's runways and connecting the adjacent arcs by lines tangent to those arcs. The radius ofeach arc is as follows: Airports Naples Marco Island Everglades Immokalee 2.2.23.2.3. 11/19/97 HORIZONTAL ZONE RADIUS (FEET) Runway T)Te Radius 4-3---M-L4.:~ Other than utility/non.precision instrument ! 0,000 4 225.:~l Other than utility/precision inslrument I 0,000 17-35 ~ Uutility/non-precision instrument 15-33 Utili~/visual 5,0OO 9-27 Other than utilityl~e~-precision instrument I O,OOO 18-36 C~her than ulili~/non.precision instrument IO,OOO 4-22 Utility/visual 5,000 Horizontal zone height. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height,_unless a Federal Aviation Administration Determination Of No Hazard To Air Navigation has been issued. Conical zone. The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Conical zone height. Height limitations for structures in thc are 150 feet above airport height at the inner boundary with 9:05 AM ~crmitted DEC 0 g 1997 2.2.23.2.4. height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. Approach zone. An area longitudinally centered on the extended runway centerline and extending outward from each end of the primary surface. An approach zone is designated for each runway based upon the type of approach available or planned for that runway end. Approach zone width. The inner edge of the approach zone is the same width as the primary zone. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: Airports Naples Marco Island Everglades Immokalee APPROACH ZONE WIDTH (FEET) Runway Type Width 12 2!L4~ Other than utility/non-precision instrument 3,500 4-5 Other than utility/non-precision instrument 3.500 ~.LI Other than utility/precision instrument 16,000 17-3 S Qther than Uutility/non-prccision instrument ..... 3 300 15-33 Utility/visual 1,250 9 O~het than utility/nreci'6on in~trumenl ~ -0-27 Other than utility/non-precision instrument 3,500 18 Other than utility/non-precision instTumcnt 3,500 36 Other than utility/visual l,SO0 4-22 Utility/visual !,250 Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: Airports Naples 11/19/97 APPROACH Runway t3 ZONE LENGTH (FEET) Type Other than utility/non-precision instrument Other than utility/precision insn'ument Other than utility/non-precision instrument 9:05 AM 3 10,000 10,000 5 No. ~ DEC 0 1997 M~rco Island Evcrgl~lcs lrnmokalc¢ 17-35 15-33 Utility/visual ~,000 9-27 Other than utility/non-precision insu'umcnt 10,000 9 Other than utilitv/_oreeision instrument ~;0.000 18 Other than utility/non-precision instrument I 0,000 36 Other than utility/visual 5,000 4.22 Utility/visual 5,000 Approach zone height. Permitted height limitation within the approach zone shall not exceed the runway end height at the inner edge and increases uniformly with horizontal distance outward from the inner edge as follows: Airports Naples Marco Island Everglades lmmokalec 2.2.23.7. 11/19/97 APPROACH ZONE HEIGHT Runway Type .W. ia~H eight 4 ?. ~ ! 14-32 Other than utility/non-precision instrument 34: ! 45 Other than utility/non.precision instrument 34:! ~ 2,.,3. Other than utility/precision instrument 50: I ~40:1 17-35 Other than Uutility~non-prccision instrument 20:1 15-33 Utility/visual 20: I 9-4-7 Olher than utility/nee-precision instrument 50:1/40: I 27 Other than utilitv/non-~reei~ion instrument 34:! 18 Other than utility/non.precision instrument 34: I 36 Olher than utilib'/visual 20: I 4-22 Utility/visual 20:1 Precision instrument runway(s). One foot vertically for every 50 feet horizontally for the first 10,000 feet increasing to one foot vertically for every 40 feet horizontally for additional 40,000 feet. Non-precision instrument runways. One foot vertically for ever 34 feet horizontally. o Exemptions. _ 9:05 AM ~'istta/ rttllways. One foot vertically for every 20 feet horizontally'. OEO 0 2 1997 4 _Commissioners. No Hazard To Air Navigation 11/19/97 9:05 AM 5 DEC, 0 2, 1991 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP B. MARCO ISLAND AIRPORT LDCD: 4. 2. 1997 APP. D, APP. I APPENDIX O - AIRPORT ZONING ZONING MAP C. EVERGLADES AIRPORT I' LDCD: 5 0 g 1997 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP D. IMMOKALEE AIRPORT \ !1 ! I LDCD: 6 ORIGIN: Community Development & Environmental Services AUTHOR: Bob Mulhere, AICP; Marjorie Student, Assistant County Attorney; Nancy L. Siemion, L. A. DEPARTMENT: County Attorney/Planning Services LDC PAGE: Page 2.138 LDC SECTION: 2.4.3.1 CHANGE: Amend Section 2.4.3.1 to only require that landscape plans be "signed and sealed" by a Landscape Architect (removal of requirement that Landscape Plans be "prepared by" a Landscape Architect). REASON: Mr. Raymond C. Pelletier, President of Ray's Lawn and Garden submitted correspondence and information to staff regarding the requirement in the LDC that landscape plans submitted to the County for review in conjunction with a Site Development Plan be signed and sealed by a registered landscape architect. Mr. Pelletier contents that the State statues provide for an exemption for licensed nurserymen. The County Attorney's Office, after reviewing the information submitted by Mr. Pelletier, as well as the applicable statutes, opined that the County could require that such plans be signed and sealed by a registered landscape architect. The County Attorney's Office further opined the exemption in the State Statutes under Chapter 481.329 (5) applies only to "the preparation of plans or drawings as an adjunct to merchandising of his product", namely nursery stock. Landscape plans required as part of the County's Site Development Review Process are different form plans prepared as an adjunct to merchandising nursery stock. The County has a minimum landscape code in order to protect and promote the public health safety and welfare, as well as the aesthetics of the built environment in Collier County. Such plans are very detailed and complex and require in depth knowledge and training. Both the State and the County have identified licensure and registration as a landscape architect as a measure of defining the necessary combination of education and experience to prepare or supervise and review the preparation of such plans. The County Attorney's Office, after review of the existing language contained in the LDC, opined that for the purpose of clarity, the words "be prepared by and" be struck through. The CCPC recommended unanimous approval but recommended the language in the Code be amended to read as follows: The landscape plan shall be prepared or reviewed by and bear the seal of a Landscape Architect registered in the State of Florida. The proposed amendment reflects that recommendation. FISCAL & OPERATIONAL IMPACTS: This proposed change will not have a fiscal impact to Collier County. However, landscape plans that are not reviewed (signed and sealed) by a Landscape Architect do require additional staff time to review as they typically do not meet minimum code requirements. This does have a fiscal impact as substantially more time is required to review such plans. NOTE: The Development Services Advisory Committee reviewed this proposer and supported the amendment as proposed by staff. For consistency, the DSAC ~ amendment ,otki~13~le4997 direction to strike through the words "be prepared by and" in the last sentence of the paragraph below. Staff concurs has incorporated the DSAC recommendation in the proposed amendment. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment ($-0) as set forth below. Amend the LDC as follows: Sec. 2.4.3. Procedures. 2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section shall submit a landscape plan to the development services director. The landscape plan shall be prepared ~ by and bear the seal of a Landscape Architect registered in the State of Florida;, The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plot plan alld~ is not required to be prepared by ami ~ bear the seal ora landscape architect. his/c/my doc'VI. DC 2.4.3.1/9-22-97 TO: MA~OP. IE STUDI~IT I:P,.OM: RAY Pt~T_ETIEP, PRE~. RAY~ LAWN AND GARDEN INC. RE: CHAlqGE~ MADE OCTOBER ~ 199~ TO CO[/.I~ COUNTY LANDSCAPING cODE. DATE: DEAR. MI~. STUDENT, I HOPE//-ILS NOTE FINDS YOU IN GOOD ttEALTH a I{IGH sPiRrrs. i AM WR.vIING YOU TODAY REGARD[NO ~ ABOVE SPECIFIC~Y SEC. 2.4.3.1.IN WHICH THE WORD[NO 'OR OTHERWISE BE PREPARED BY PERSONS AUTHO~ TO PREP~ LANDSCAPE PLANS OP, Dp,~t,VINGS FOR SUBNflTTAL TO GO~NT ENTIq'IES AS OUTLINED IN F.S. CH. 451, PT. II [F.S 451.201 ET SEQ.] [ LANDSCAPE AR~CTURE]' WAS REMOVED. AFTER RESEAECHING F.S. 451.201 PAINT N, l AM ~ FR,OM LICENSURE UNDER. F.S. C~ 481.37.9 SPECqF[CALLY PABT #5 AS l AM A HOLDSR OF A DP/tS[ON OF PLANT ]A~DUST~Y 1/CENSE. ON OCT. 9TH AT A COt, av(tSS[ON MSCt'~O YOU MADE STATZMENTS I~-V~T THtS WAS 'AN ANALOGOUS srrUAT[ON'" AND THAT YOU WOULD }~VE rr REViZWSD ~JUOK TO FOR,M,~ ADOFrtON ON OCTOBF-~ 30TH- AFrE~ p, EVTE~INO THE RECORD ON ocr. 30 [ SEE NO FOLLOW UP REOARD[N(] ~ [SSUE. Wn'H tU~oARD TO THE ABOVE X~O Tt~ ENCLOSURe-S p~,OVIDED HZREIN DID THE BOARD ADOPT THE ABOVE cHANGE IN VIOLATION OF THE F.S. 4gl. IF SO ! WOULD RaSFECTFULLY REQUEST Tt~T THE CODE BE cHAN~ BACK TO BE CONSmTENT TO STATE LAW. t BF. CAME AWAR5 OF THIS cHANGE WHZN [ WAS DENED THE PRtV[~GE OF SUB~G A LANT)SCAPE FLAN FOR MY OWN NtmSF. aY WHtCH iS CCmRENTLY GO[NO'rt~OUGH TH5 SD? PROCESS. l AM FULLY PRZP~ TO CONTEST TtIE CHANGE ON A CREDE~ BASTS HAVING OVER 15 YEARS SER'v'[CE AS A COLL[F3, COUNTY, BUT YOUR LANDSCAPE PROFESSIONAL IN INDICATE THAT TH]S STATEMENTS MADE OCTOBER 9'H{ WOULD MAY NOT BE NECESSARY. PLEASE RESPOND wrt~ You THOUGHTS. S[NCSR2LY, 465 Nursery Lane. ~, Florida 34119. (941) 455-6266 DEC 0 2 1997 The purpose and m: '.,n :,l'the landscape code is to: a) ~'ron;:J;t: ~'.".~ I,.ei:hh, s::f,:Y, ~_r.d weld'are of resicl~nts o{' Collier County by cssabh.~h:,.4g minirnum b) improve :he acsfl~'..'.i: ~.i'.?-'-~ ~-nce of commercial, industrial, and rcsidemial dev~lo, pmen~s l'm ough lhe rcquircmen: ..: ~:i:~hnun', la,-.~,..:~ping in v,,~ys that h~nnonlze lt:e natoral and built cnvironmenl, , ,; _ ,~_,tn.lno orrative phnts and plant commv, n:lies; .: reducing noi.~e z.'..d ,=~ p.-;:v~e ;~:).stt;d .',nd I.~)~l:e;:-~ica' t:,.,ne~ls to persons e) ~:ru:ning and buP.~:'ing :'r.e i:a~ s,',,er vi,ual aspects of urban devcl6pmcm; polk,~ion · , ...... ~ .... by re:lt~cing and rever~ing air, no;se, heat, and chemical 0 improve tnvnonm-:: .... , ..... : flm~ugh fl~c F~ csgr', atlt:,: o!' ~nor..y wces ~nd th~ creation of .~h~de and microclimale; c~ g) ructuce heat l;air. ::. o: en 5.~:ildi~gs o: paved areas throttgh the ~l:cring ca.o~city ut' :roes m~ vcgetu~ion; ~n:~ - e..'-,.4 I': ':i"ur"Y :.tn:ed h' i_c..:,a:. ,.:'st:m tkrough xe:isc~pc F!at, fi.-.:i t:'.~ de'/e'.npment plan, or building pern:it, a:, zppiicam wb::se of qhi.~ r.e:fion .<hall m~bmi~ a ¢.c,do.~ ...... ii covered by :he rcq,firement$ .plan sh:!l ~c prepared by and bear t'r.e seal cf a ;~.nd.~cape fuchi:e':: re!fl.'tiered " ~,::~b!Ic !'.cma clwclling units sl,ali be shown on Ihe bui!ding permit plo: plan. TI;i, plan it not requked to bc prcpm'ecl by and bear ~he teal of a l~n,'tsc~pc architect 'i".:¢ lan:hcapc plan shell bc drav,"n lo a suitable sc~tD., include dimensions, . name, dclincate ~l~e exisfine and t:roposcd perkinS,, vemcu, mu u,~ .._.-_- '__.m .t,,,~, 'he h :adoff"o.'%"o'~mg m.noq pruposc:d pl~ntini ~r~ md ve$~stlon communities .nd,~T~g~a}eal~i~rn by sl:,ccies name. Th~ cod¢-rc4d~d landscapln8 shall bc ~l~S. ,~ 'rgtJ~d,Ollt, f~:S~. ~Q~L~'.,~ .' ,...S ¢.,,.:,' ~ ~G) CO~.Th~ If~ I~: :,1 '~'.G '.' , .;~ ,~1:. d"~%:. Ut )~ die'IlliCiT,'(' ~:~: ~ ~1 ~¢') , . '~ ~511C~' ; .l't ~; .t J.('~. i;~,~:,r ~. r.'~.~ u',- ~ , ~..,-. - :' ,~,,,' ~';, '~S~cr'S,I),~ [L, GCty ~.'~,:J (:/'I'L,' ~: ~hlCh ';'S O~,rl wO/k :J(ChdO~: ~U~H)' ~' k'~)' O' tn/. ~J/r~J'~CS 501 forth :~0 tOI;O~q~ I.~r~ll~ ~1) Relmctto~ O! 1he &utho;,ZCO I, CO,q0 Gt D'act~e :,Pl:~O~ re~tor~ (a~ arc:~ te:1 t~o~ :ertdi~. 411~ Ef0lptiOnl: txl~i0fll from IICIflIUft.-- (1) ~ Of :~e ~r~S O~ I~ pert ~r,a~ cm~oes o~ 1hoLe ~y prictC.n~ aR ~r~OC~t frof~ kC1i~ ~Ol' 1~ ~:ruC::~S. ~ntr~. (~) N~a O~ l~ DrO~I~I OI I~l Oa,t Ct, 311 Oere~ w~ cm~c:~ .,th tr~ C~lt'lCt b,l a~e ~In Chapter 471 ~3~ I,o~ ~lk,n3 d-~ ~:knS, d~aw*,~¢ ,~ 5puCd ',~ a~7 ~eF ~ pors~'tal p,o~r~y OW ,vt ~y gE he o0es r~OI ubO tho ldlO, term. C.f .~Ojigrtbt,Oq 0(5) T~S pan I%IP ~1 bO doomeo I,~ ~Oh,b I ryl~4n, n~ler)' SImP ~a!Or. Cf a~O~t ab d~hf,e~ .:v cn~ 581 who ,s re~oo u,,oor c~ap~ot v~al I~ ~0 ~8 ~d B Vlk~ h~t~ lC p,~gR~a ;,~ 11~a he e~igll in t~ p~epi~a~ of r~s o~ o~s not use fha t~, term, ~ des.gnal~ 'lanoscapo arChdeCt.' '~ atcl~t~lUtal.' ':ar~apo t~tvfO.' %.A..* qanOGcapo o~neerJr, g ' ct a,,y oesc,,~,' :Ion te~ to c~y t~ i~e~s~a~ tl~t ho .s u lann s:a~ trolUl~t umOll he ,c rog:C:m~n n~ (6) ~ pit1 I~ nol bO C~S~n tO 01 I~ ~tf. ~M 471, ~ ' 4~'0~0~ t~' '!~ ~ect~o,' · A st.'.r'::::~ v.n [:-age '- and. I'l~. just mentlo.~ "~...,,. :he 'rotters. . the -- " " '~,~ se ..,ten~ need to be underlinsd: ~o there are ~omr~ %hi:t~s :<e ha~e %z corract 'n there. We'll do that. ~"~'e"cSXOt]ER,,~.-.,-.. :,L~TTHE~:S: Mr. Mulhere, I had a question. Since ~'ou".'e ~i'/~n .:r: ~n additional -- a copy in addition To the we have here, wL.:~n :.:at~ ':his made available ~o ~he people who are here to talk on this? MR. MULHERE, 'r,,-~-~., . --,,-~ .... BUU there are no ~ubstantive changes. It was j':~t. ':jr~aulcal. There was some underlines. We had bullets instead ~'~. iex'ters, and there was aome fo--at -- CO~iSSIONER :~iTHEWS: Okay. ~. ~LHERE: T~,ere are no substantive changes. CO:,=4[SRIONE~. :4AC'~IE: %'~y the -- what'~ the difference be%ween -- well. who is a person who would have ~alif~ed to do la~dscape plans ,,:z.:: 'sa'" qualified an~ore? ~. :~LHEEE: 7kat.'s a good ~estion. This has ~een a u::d~rs~and t]~e~n, : ~.mi~ -- re~ire that you have -- chat you be a -- licensed landsc.:,,,e ~rck!rect. ::o su~it plan~ w~ch the exception o~ single-family and '.'..',)-family !:omes. ~ything beyond that -- very s~milar ~o the fac~ %~.at ,'e require an engineer ~.c submit water manage:r:enu plans :]urit:g t-]~e .~.. [:rocess. ~d ~):ere has been some axuuments back and f~xz~ cn whether or not the state statutes wer~ clear and wb,t. her, %:1 latz, they did restrict ~hat to a landscape architect or could a:: a~'c!:ztect also submit tr. or could an engmneer~ also submi", i~. /,r,d ,,..:', ~..zDer.e...e~ 4 -~ 4. s that 'ahen we have plans tha~ ar(~ submztt~d ~y a %andac~p~ architect, they 9enerally go through the process cn ..., ~Ft rev~z:.: and maybe with ~ome miner tweaking. we have plans ":"~t .,sa ..... · . ~ .... tted by a nonprofe~lun~l, and I -- and ~o~'t mean an enj%t:.,.~r ~:~ a1~ architect, bu~ I mean maybe a property ownez, they're ,~sua!!~' '.'e:ry much more problematic. Our is zha~ we adhere, %0 the sta~e statu~es, not tha~ we have any choice ~n ~he ma~ter, but ?~:e:'e is a ~es~ion of ic being a little bit and I don't knew ~.;h,}ther !.~r. Weige! or Miss Student are able ~.o speak on ~:a~ issue. There was some review going on in %h~ attorney's office as to what uh~ .~=atu%es exactly CO~ISSiONER 1.~C'KIE: For a single-f~ily horn= ~o you have to hav~ a landscape ~4R. ,~-HnRr.: No. Not for a single-f~ily or two-f~ily home. MS. STUDENT: It i~ somewhat of a gray area under the statute, and %here a:e ~:o cases to really e~latn what i= meant. We ' have an analogues 3[%uation under review in the office addressin~ ~estion as to if we limit it just to landscape azchitects, lo that inconsistent wit}: ~t~te !aw. Because we're u ~:o~%c~:arter county, our ~rdin:nces h~ve to be consistent with stat~ law. ~d as I said, analogous situation, ',~e have tha~ under tart:w, ~nd hopefully we'll hav~ an answer for you by the n=x~ meeting. But contantion. COmmISSIONER H~COCK: You hav~ a t~o 4 on page ~un~er - 2.4.3.6. I~ says "severely-pried ,rec, ,h~,~ .i.her~~,.~7~.~ ROBERT J. MULHERE, AICP MANAGER CURRENT PLANING SECTION 2800 NORTH HORSESHOE DR. NAPLES, FL 34104 I AM WRITING YOU TODAY REGARDING THE SEC.2.4.3.1 OF THE LANDSCAPING AND BUFFERING CODE. SOON I WILL BE PRESENTING FOR REVIEW A SITE DEVELOPMENT PLAN FOR A NURSERY LOCATED AT NURSERY LANE AND IM OKALEE ROAD. PRIOR TO MY PRELIMINARY SITE DEVELOPMENT M~ETING, I STOPPED BY TO TALK TO NANCY SIEMION REGARDING THE LANDSCAPE DESIGN FOR MY NURSERY. SHE WAS VERY HELPFUL AND RECEPTIVE TO THE IDEAS I HAD REGARDING MY WATER RETENTION AREAS AND LANDSCAPE BUFFE-R.ING. HAVING SERVED COLLIER COUNTY AS A FULL SERVICE LANDSCAPE CONTRACTOR FOR OVER 15 YEARS, I WAS SURPRISED TO HEAR THAT THE NEW COUNTY CODE DELETED ALL REFERENCE TO TI-EE STATE STATUTE WI-flC~ QUALIFIED ME TO SUBMIT LANDSCAPE PLANS. THE STATE LAW 481 PART TWO SEC 481.329 PARTS [4] Al,rD [5] WOULD HAVE ALLOWED ME TO SUBMIT I~LANS FOR THE PROTECT IN QUESTION. 465 Nursery Lane, Naples, Flodda 34119, (941) 455-6266 Ile DEC 0 2, 1997 I UNDERSTAND THAT THIS CODE CHANGE WAS DONE TO ELEVATE THE STANDARDS IN COLLIER COUNTY AS IT RELATES TO LANDSCAPE DESIGN . I DON'T BELIEVE THAT IT WAS TIIE INTENT TO EXCLUDE COMPETENT EXISTING COLLIER COUNTY COMPANIES FROM FAIK COMPETITION, BUT IT WOULD SEEM TO HAVE DONE SO. I WOULD ASK AT THIS TIME THAT YOU CONSIDER EITHER REINSTATING THE OLD WORDING IN SECTION 2.4.3.1 WHECH QUALII:IES MY COMPANY TO SUBMIT LANDSCAPE PLANS, OR AT THE VEKY LEAST GKANDFATHEK pREVIOUSLY QUALIFIED CONTKACTORS UPON REQUEST. I CONTACTED THE COUNTY ATTORNEY'S OFFICE SPECIFICALLY MS. MARJORY STUDENT KEGAKDING THE ABOVE MATTER AS PEK YOUR RECOMENDATION. MY CORRESPONDANCE WITH HER IS ENCLOSED. MS. STUDENT IMPLIED THAT HER CONVERSATIONS WITH YOU rNDICATED THAT YOU DID NOT SEE ANY PROB!-I;::-M wrrH RETI.rRNING 2.4.3. I. BACK TO ITS ORIGINAL WORDING. IF THERE IS FURTH]ER ACTION REQUIRED ON MY PART PLEASE ADVISE. SINCERELY, PRESIDENT RAY'S LAWN AND GAKDEN INC. CC / MS. STUDENT 46,5 Nursery Lane, Naples, ~34119, (941)4~ TO: MARJORIE STUDENT FROM: RAY PELLE~ DATE: DEAR MS. STUDENT, THA.NK YOU FOR YOUR PROM:PT RF,$PONSI~ TO MY FAX DATED ~/23/97. AS PER YOUR REQUEST, A TYPICAL SCENARIO PRIOR TO THE ~ATION OF ALL p. EFF. RENCE TO F.S.4B1 PART 2 FROM TH~ COLLIER COUNTY LANDSCAPE CODE WOULD BE: # 1.PROPERTY OWNER WOULD DECIDE TO DEVELOP PROPERTY, #2. CONTACTS BUILD~ OR. E:~~ TO DEVELOP PRELIMINARY SDP FOR COUNTY ~W, SITE DEVELOPMENT, BUILDF. R ! ENGINEER WOULD FUT SOB OUT TO BID. AT ~ POINT TH]~ BI.,rlLD~ HAS 2 OPTIONS AS 1'!' RELATES TO MY pREDICAMENT, OPTION IAI: CONTACT A DESI~ ! BUILD COM:PANY FOR, A LANDSCAI~ OF'lION [BI: CONTACT A LANDSCAPE ARCHITF. CT FOR A DESI~ AND COST ESTIMATE, BY F. LIMINA~ OPTION IAI YOU ARE BASICALLY us COMPLeTeLY OUT OF T',-= LOOP. BU~LD~ AND ~O~'~TY OW~_.RS ~ ~ LO~R ~BLE TO SUBMrr L~DSC~'~ D~~ THAT WE F~~-- TH~ SUBSF_~~Y ~ FORCED TO ~ A ~__,~F.. _ ARCHrI'ECT WHICH WOULD, IN MOST CASES, 1~'~~ ~ own COMPANY TO CO~ ~ WORK_O_R__A__.IN COMPANY THAT THEY HAVE BEEN DOING THE~ ~TODO SO. | . 465 Nursery l. a n-e, Nsples, F"k~la34119, (941) 455,.6266 AS STATED IN MY PREVIOUS co~lqDF.,NCE~ ! FOUND OUT'I't~ CHANG~ ~ I ~ ~~ ~ WOt,Vi.Z) HAVE TO ~ ONE OF MY .taomrr, · · ·,-,,-.-' A ~ FOR ME. ~',~': m ~ ^ ~-~Y STOCX D _~y~_...T~..~°~,=°~ ~o~N~ FOR ~ ~, ~l~, u~~ ~ ~~~ ~ l S~ NO ~N TO ~~E US NOW. I ~O ~ NOT ~ ~ ~Y ~ YOU ~~ TO ~ O~ ~~A~ON, F.S, ~l,B~ ~ ~ ~ ~~ ~~ STA~ ~W O~ ~~ON, I ~ NOT B~ ~T ~ W~ ~ ~~ ~~ TO EX~E CO~'~ ~~ ~O~ON~ ~OM S~~O ~~ ~S. ~ ~ W~ ~ ~, A~ON BE T~. ~ ~~ A~I-I om 465 Nursery Lane. Naples. Florida 34119. (941) 45.5-6266 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGES: LDC SECTIONS: CHANGE: REASON: Current Planning Chahram Badamtchian Planning Services 2:155,2:161 2.5.5.2.1., 2.5.5.2.3.8.2. Staff is proposing to correct typographical errors and inconsistencies. To correct typographical errors and reduce the height requirements for flagpoles. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County and on those regulated. RELATED CODES OR REGULATIONS: None. CCPC FINDINGS (as of November 13, '1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. Amendment to the LDC as follows: SEC. 2.5.5.2.1. (1) One ground or wall "For Sale," "For Rent," or similar sign with a maximum area of two [g.l. tLsquare feet In size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) SEC. 2.5.5.2.,3 4.8. (2) On single-family or duplex lots flagpoles shall not exceed 2:30 feet in height above fin!sh ~.U3JSJ3.~;J grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the fi,o, lsh- ~ grade or extend more than 20 feet from any building to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 2~ :35 feet in height above ~ ~ grade. ' ' ~ feet~~thc ~,~.~=~ ,,,.,~,, ,,, ,, ,.,~, ,,.4 ..mc.~rc ~k.,,, ,~n fcc! ffcm 3~;,' ~,~,~-te ,;;h~h !hca,' crc =.-.~'..,hed, In all other zoning districts, flagpoles shall not exceed ~ ~ feet in height from the finished grade, nor extend more than 20 feet from any building to which they are attached, no[ shall the width of the flag exceed 30% of the ler~_th of the pole to which it is affixed. 11119197 9:06 AM DEC 0 2 1997 LDC PAGE: 2:169 LDC SECTION: 2.5.10.3. CHANGE: Revisions to the extent of alterations permissible to a non-conforming sign. This change will eliminate an existing conflict in the Sign Code. REASON: Section 2.5.10.3. is in conflict with Section 2.5.10.6. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. However, Sec. 2.5.10.6. requires that at least one of the non-conformities of the sign be removed. This will cause, the applicant some additional expenses. RELATED CODES OR REGULATIONS: None. Amendment to the LDC as follows: SEC. 2.5.10.3. A non-conforming permanent on-premises or off-premises sign shall not be replaced by another non-conforming sign except that substitution or interchange ,,.~,,~,,1non- ~nfo~ing signs shall be permiffed through the pedod of non~nfo~i~ established by this ~de. 11119/97 9:06 AM 2 LOC PAGES: LDC SECTION: CHANGE: REASON: 6.55, 6.56 6.3. Definition of roof and wall signs. To clarify what constitute a wall or a roof 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, roo~. Any sign erected, constructed, or maintained ~ on the roof,-ef-am~ ~ 9r more than 18 inches above the roof. of any buildina. (See division 2.5.)' Sign, wall er, fascia_o.r..Eaca.Q~: A sign affixed in a manner to any exterior wall of a building or structure which is parallel to and projects not more than 18 inches from the building or structure wall, and which does not extend abeve-the ~~ _above the roof line of the main building or from the ooint where the roof lithe intersects ~ parapet wall on which i~ [b.e,_sJg~ is located, whi(~h ever is more restficl!ve. ( See division 2.5) 1119/97 9:06 AM 3 DEC 0 ~ 1997 LOC PAGES: 2:156 and 2:157 LDC SECTION: 2.5.5.2.3.1. CHANGE: REASON: Requirements for Directory Signs. To prevent the proliferation of directory signs for large buildings, such as storage buildings with two or three businesses. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: Definition of directory signs. Amendment to the LDC as follows: 2.5.5.2.3.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or two ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area,~and eight or more irldependent businesses will be permitted one directory sign with a maximum size of 250 square feet for a single entrance on each public street.. 11/19/97 9:06 AM 4 LDC PAGE: LDC SECTION: CHANGE: REASON: 6:53 6.3. Definition of Directory Signs. To comply with the revised directory sign requirements. FISCAL & OPERATIONAL IMPACTS: This amendment should have little or no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: Sec. 2,5.5.2.3.1. Pole or ground signs. Amendment to the LDC as follows: Sign, directory: An on-premises sign of permanent character indicating the name of five or more I~Cr=c~s cr [~[eg.~businesses associated with, or event conducted upon, or products or services offered upon the premises upon which such sign is maintained. This sign may bea free-standing (_Dole. monument or ground), awning, or wall sign as otherwise permitted by this code. Such signs may have changeable copy. (See division 2.5.) 11/19/97 9:06 AM 5 DEC 0 2 1997 .ORIGIN: Curren! Planning AUTHOR: Bryan Milk, Principal Planner DEPARTMENT: Planning Services Department LDC PAGE: 2:221 LDC SECTION: 2.6.35.6.2.1. CHANGE: To allow communication towers within the Business Park zoning district. REASON: The Business Park zoning district currently provides for commercial and industrial land uses. Communication towers are presently allowed in all commercial and industrial zoning districts with restrictions. This amendment will allow communication towers in the Business Park zoning district with additional restrictions. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES ORREGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Planning Commission unanimously (8-0) as set forth below. Public Hearing): The supported this proposed amendment Amend the Land Development Code as follows: 2.6.35.6.2. All commercial,_l:main.~l_,v.a~ and industrial zoning districts: Any tower up to 75 feet in height is a permitted use subject to minimum yard requirements. Any tower that exceeds 75 feet in height up to a height of 185 feet is a lawful use only if permitted or otherwise provided in the respective zoning district and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, R_MF-12, RMF-16, RT, V1L 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 fee0 by a factor of 2.$. (The minimum separation distance is 2 ½ time~ the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5. 2.6.35.6.2.1. LDC AMENDMENT/Bbl/md/H:MARIE'$ LDC 11/19/97 9:08 AM 1 ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:52 LDC SECTION: Section 3.2.8.4.16. Add Paragraph 20 CHANGE: Add language in Section 3.2.8.4.16. to require developer to provide core samples of base course and surface course of the completed pavement prior to preliminary approval. REASON: Provide assurance that pavement thicknesses meet design standards for public and private roads. FISCAL & OPERATIONAL IMPACTS: Assuring the roadway construction meets design standards will reduce future maintenance costs. RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.2.8.4.16. Streets pavement samples: The developer shall provide core samples of both the base course and surface course of the comnleted p,~blic and private roadways prior to preliminary_ approval. The core samples shall be taken at a maximum of 300 feet intervals and arrangements shall be made to i_mmediately replace the areas so removed with materials and construction to conform to the specifications and to the line and grade, ofthe immediate surroundin_~s pavement surface. The core samples shall be taken by an approved testing laboratory_ and/or .~rofessional en~neer and certified as to location taken and thicknesses measure~L ,A tolerance of ¼ inch for ~avemea,t surface and % inch fo:: base course may be accepted. Any deviations more than these tolerance, will result in ~-jthholding preliminary_ acceptance until such time that the pavement is brought up to Cgunty~tallitalX~ 3.2.8.4.16 LDC AMENDMENT/TEK/md/H:MARIETS LDC 11/19/97 9:07 AM DF.P, 0 2 1997 ORIGIN: Staff AUTHOR: Thomaz E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:58 LDC SECTION: Section 3.2.8.4.22. CHANGE: Delete sentence that states "A typical lot drainage detail may be used for repetitive Cas~. REASON: Deletion ofthis sentence will eliminate confusion on the submittal ofthe master lo! drainage plan. It's elimination will insure that finished lot comer elevations will be shown on the master drainage plan. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): The Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.2.8.4.22. Water management. 11. Plans and specifications 11/19/97 9:07 AM The master drainage plan shall include the drainage plans and r. ep~4i~.~. The master drainage plan shall show proposed finished grade elevations at all lot comers and breaks in grade. The engineer shall state on the water management calculations the basis for wet season water table selection. The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. 1 p~. oRIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:I~4 LDC SECTION: Section 3.4.10.1.2. CHANGE: Change the comprehensive general liability insurance requirements for blasting from $500,000 to $1,000,000 for each occurrence. REASON: Increased coverage for property damages and bodily/personal injury associated with blasting FISCAL & OPERATIONAL IMPACTS: None to County. The additional $500, 000 in general liability insurance will cost some additional dollars ( most contractors are currently carrying this amount anyway). RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Planning Commission unanimously supported this (8-0) as set forth below. Hearing): The proposed amendment 3.4.10.1.2. Comprehensive general liability (including, but not limited to explosive hazard, collapse hazard, underground property damage, contractual liability) bodily injury, personal injury: ~ ~ each occurrence and aggregate; property damage: &~NO00:O0 ~ each occurrence and aggregate. 3.4.10.1.2 LDC AMENDMENTFFEK/md/H:MARIE'S LDC 11/19/97 9:07 AM ORIGIN: Staff AUTHOR: Thomas E. Kuck, P.E. Engineering Review Manager DEPARTMENT: Planning Services Department LDC PAGE: LDC 3:81 LDC SECTION: Section 3.4.7.1.3 and Section 3.4.7.1.4 CHANGE: Change the language in Section 3.4.7.1.3. from making pre-blast surveys an option for the blaster to making pre-blast inspections a requirement of the blaster. Changing Section 3.4.7.1.4 to provide requirements for pre-blast notification. REASON: Provide improved communication and awareness to residents within close proximity of blasting sites. FISCAL & OPERATIONAL IMPACTS: For those developers not already completing a pre- blast inventory, this additional requirement will have some additional fiscal impact. RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, 1997 Public Hearing): Planning Commission unanimously supported this proposed amendment (8-0) as set forth below. 3.4.7.1.3. 11/19/97 pre-Blast inspections: L£° ' ° ' ' ' ' Inspection Semices. Pre-blast inspections are required for ~The calculated scaled distance of the structure is 150 feet or l~Ss from the pending blast, as determined by usin_~ the following formula: 9:06 AM Scaled Distance = D - Wl/2 no. 1 3.4.7.1.4. 11/19/97 331i~3'atio is used to~r._edict ground vibrations and is equal W pounds of explosives per delay: bl_asting perimeters. t X/ W o · o o o o · · ¥ V · V V p_re-blast notification: L ' O~e commencemen! of the initial blast, Z, ~ · · l~erti.es containing ' l)lacc, its effect on thc rcs' ' ' ' ' ' ~urvcy and how to contact thc user or his or_her representative with desire to obtain a prc-blasLtlllXr~ ~o. ~ DEB 0 2 1997 9:06 AM at least seven (7~ days prior to the re.commenceme~x~t of_hla,sfing, pre-blast notification: _the commencement of the initial blast. 2. · ~esire to obtain a pre-blast survey. Oays prior to the recommencement of blasting. 3.4.7.1.3 - 3.4.7.1.4. LDC AMENDMENT/TEK/md/H:MARIE'S LOC 11/19/97 9:06 AM 3 DEC 0 2 '[997-- oRIGIN~ Staff AUTItOR~ Thomas E. Kuck) ?.E. Engineering Review Manager DEPARTMENT; Planning Services Department LDC PAGE: LDC 3:86 LDC SECTION: Section 3.4.13.5 and Section 3.4.13.5.1 CHANGE: Change Section 3.4.13.5 from Resultant peak particle velocity to Blasting Permit and limits. Section 3.4.13.5.1 changes the permissible resultant peak particle velocity from 0.75 inch pcx second to 0.50 inch per second. REASON: Reduce the chances for structural damage to facilities located within the approximate of blasting sites. FISCAL & OPERATIONAl- IMPACTS: None RELATED CODES OR REGULATIONS: None CCPC FINDINGS (as of November 13, Planning Commission unanimously (8-0) as set forth below. 1997 Public Hearing): The supported this proposed amendment 3.4.13.5. 3.4.13.5.1. 11/19/97 9:07 0,75 DEC 0 g 'i997 P~annin_~ Se~'ices Director. or desi_~nee..:. 3.4.13..S LDC AMF---ND>''IENT/'T£~tmd'/I'{:'k'jAI~E'S LDC 11/19/97 9:07 AM ORDINANCE NO. 9?-_ - AN ORDINANCE A.%IENDING ORDINANCE N'UMBER ~'..102, AS A~'~IENDED, THE COLLIER COUNTY LAND DE~'~ELOP1HENT WHIClt INCLUDES TIlE COMPREHENSI~/~ ZONING REGULATIONS FOR THE UNINCORI'ORATED AREA OF COLLIER COUNTY, FLORIDA. BY PROVIDING FOR: SECTION ONE. RECITALS: SECTION TWO, FITTINGS OF FACT: SECTION THREE, ADOFTION OF AMENDMI~NTS TO TI~ LAND DEVELOPbfENT CODF~ IHORE SI, ECIFICALLY AbiEN'DING THE FOLLOWING: ARTICLE 1, GENERAL, I~ROVIslONS' Df'VISION 1.6. iNTERi'RETATIONS; ARTICLE 2, ZONTNG, DI~rlSION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVlSlON 2.4. LANDSCAPING A~'~'D BUFFERING, DiviSION 2.5. SIGNS, DINISION 2.6 SUTI~L£~ENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS, DMSION 3.4. EXPLOSIVES; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO TH~ DEFINITIONS OF ANTIQUE STORES, pAWN SHOPS, USED MERCIIANDISE STORES, ROOF SIGN, WALL SIGN AND DIRECTORY SIGN: AI~PENDIX D, AIRPORT ZONING, BY REPLACING ZONING ~IAP B., bIARCO ISLAND AIRPORT, ZONING .xlAP C., EVERGLADES AIRPORT, ZONING ~IAP D., IMblOICALEE AIRPORT; SECTION FOUR, CONFLICT A~ND S£VERABILITY: SEC'rlON FTVE. INCLUSION IN TI~ LA.ND DEVELOPMENT CODE: AND SECTION SIX. EFFECT~E DATE. W'I4:EREAS. on October 30. t991. the Collier County Board of County Commissioners adopted Ordinance .~o. 91-I02. the Collier County Land Development Code (hereinafter LDCI . which has been subscqucmly amended: and WHEREAS. the LDC ma)' not be amended more than two times in each calendar year pursuan! to Section 1.19.1.. LDC; and '~.'HEP~ NS. tlxis is the second amendrnent to the LDC. Ordinance 91-102. in this calendar .,,-ear. a~d WHEREAS. on March IS, 1997. the Board of County Conu~issioners adopted Resolution 97-177 establishing local require~nents and procedures for amending the LDC: and WHEREAS. all requirrments of Resolution 97-177 h~ve been mc~: and WHEREAS. the Boa~! of County Commissioners, in a manner prescribed by law. did hold advertised public he~ings on December 3, 1997 and December !?. 1997, and did take action concernin$ these amendments to the LDC; and WHEREAS. all applicable subs~.antive and procedur~ requirements of the law have been me~. NOW. THEREFORE BE IT ORDAINED by thc Board of County Commissioners of Collier County, Florida. that: SECTION ONE: P~ECITALS The foregoing recitals are true a~d correct and incorporated by refe'crace hcr~n ~s if fully set forth. SECTION T~VO: FINDINGS OF FACT __ AG£'~M ,,,,,, ,,. T~¢ Bo~d of County Commi~ioner~ of Collier Count, Flo~da. heresy makes the following ~ndin~ of fact: I. Collier County, pur,zuant to Sec. 163.3161, et ~., Fla. Stat., the Florida Local Go,.cmment Comprehensive Planning and Land Development Regulations Act (herclnal~er the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. Al~er adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Sra., mandates that Collier County adopt land development regulations thai arc consistent with and implernenl the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and erd'orcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, amd be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land dcvelopmcm regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or ¢lerncm or ponion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or clrment or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. SiaL, ~tates that the Act shall be consmied to encourage the use of im,ovativc laad development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Managcmem Plan (hereinafter the "Growth Management Plan" or "GlViP") a~ its Comprehensive Plan pursuant to the rcquircmen~ of Sec. 1634.3161 et rd~l. Fla. Stat., and Rule 9J-$, F.A.C. '/. Sec. 163.3194(IXa), Fla. Stat., mandates th~ after a Comprehensive Plan, or element or portion ~creof, has been adopted in conformity with the Act, all dcvelopment undertaken by, and ali actions taken in regard to development order~ by, governmental agencies in reg~d to land covered by such Comprchcnsive Plan or element or portion therecf shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3Xa), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it me~s all other criteria ~numeraled by the local government. 9. Section 163.3194(3)(b). Fla. St,~., r~luires that · do-elopmmt at,roved or undertaken by · local government shall be consistent with the Compre. bensive Plan if the land ut, es. den.allies or intertsities, capacity or size, timing, and other aspects o¢ development are compatible with. and further the objectives, policies, land uses, dcnsities or int~i~sitics in the Comprehensive Plan and if it meets all other criteria 10. On October 30, 1991, Collier County adopted the Colli~ County Laqd Development Code, which b~amc effective on November 13. 1991 and may be amended twice a~mually. l 1. Collier County finds that the Land Development Code is intended and necessary to preserve and ordnance the present advantages that exisl in Collier Count~. encour,,ge the mos~ aplnoPriate use of land. water and resources, consislent with the public interest; overcome present h~ndicaps; and deal effectively with future problems that may result from the use and development of l~sd wititin the total unincorporat~ ate of Collier County a~d it is init'haled that this Land Development Code preserve, promote, ptotec~ atgl improve thc public health, sal'¢ty, comfort, good order, appearance, convenience, and gener~ welfaze of Collier County; prevent the overcrowding of land and avoid the tmdue concenm~fion of population: facilime the adequate and cflqcient provision of transportation, water, sewerage schools, pafl~, tec~ational facilities, housing, and other requir~nents and services, conserve, develop, utilize, and ptotec~ natural resources within the jurisdiction of Collier County', and protect human, environmental, social, and economic resources; m~intain fl'u'ough orderly growth and development, the char,~cter and stability of present and future land uses and development in Collier Cmmty. 12. It is the intent of the Bom'd of County Commissioners of Collier Cotmty to implement the Land Development Code in accordance wi~h thc provisions of the Collier County Comprehensive Pla~ Chapter 125, Fla. Slat, and C'h~pter 163, Fla. Stat., and through these amendments to the Code. SECTION TItR.F.E: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Sec. 1.6.1. Authority. The planning services dLrector shall have the authority to m~c all interptt~liona of the texl of this code, thc t~undaries of zoning dlslricls on the official ~mi~g atlas., and to make all interpt,:~tions of the text of the gro,~th management plan and the boundaries of land use disu-icts on the future land use map. Thc chief building official shall have the authority to make all introns of the text of this code on m~ttcrs related to the building code, building permit requirements, building construction adminislrltive code ot building permits. In ca~¢s where interpretations of both the building official and planins services director are re. quested jointly, any cortflict shall be resolved by thc community development and environmental services administrator. See.. 1.6.2. Initiation l~s~ 3 i Itlltr/ 1997 An intcrp~ctation m=y be r~ucstcd by Iny tffcctcd pcrson, resident, dcvclopcr, land govcnYncnt agency or dc~r=~cnt, or ~ny pc~on ~vin~ I contrac~ intc~'st in land in Collier Count/. See. 1.6-t. Procedures. 1.6.3.1 Submission of requ~t for interpr~tion. Before sn interpr~tion sh~ll ~ p~d~ by ~e pl~ ~c~ d~, or c~ef buil~n~ officiO, w~ch~ ~ applicable, a ~u~t for ~t~tion s~l ~ ~bmin~ lo ~e pl~n~ ...... s~lic~l~ ~ s fo~ s~¢~ d~tor or c~ef bml~g offic~ w~ch~ ~s be ~s~lish~ by ~m, A f~ f~ ~¢ ~um ~d p~sin~ of~e ~u~ s~l cs~bllsh~ st s ~te set by ~e ~ ofco~ co~ssion~ ~m time to dine ~d sh:ll be ch~ to ~d p~d by ~e ~plic~t. ! .6.3.2. D~ation o~ compl~m. ~ s ~u~ for int~fon hu b~ · ' ' officig w~ch~K is r~civc~ ~e pl~g s~c~ dior or c~efbu~l~g If ~e pl~ng a~lic~ble, s~1 delve wh~ ~e ~u~ is co~l~e~lic~le, s~cfl d~ior or c~cfm buil~g official, w~ch~ is d~n~ ~zt ~e ~u~ is not compl~e, he sh~ll s~e · ~n~ notice on ~e a~iic~: ~i~g ~e de~ci~ci~. ~e pl~g s~c~ dE,or or chief bulldog official, w~ch~K is a~lic~le, shall ~e no ~ ~tion on ~e r~uest for inter'on ~til ~e defici~ci~ ~ ~i~. 1.6.3.2.1. Nogficztion of aff~t~ p~ o~. ~ a site ~ifi~ ~t~tion h~ Co~ s~tl noii~ ~e pm~ o~ ~t ~ int~gon hu b~ ~uest~ concc~ng ~ek pmp~. 1.6.3.3. R~d~ng of int~tion. AR~ ~e ~uflt for int~tion hu ~ d~in~ compl~e, ~e pl~i ~cfl divot or c~efb~l~g official, w~ch~ is ~lic~le, s~! ~ ~d ~l~te ~e ~qu~ in li~t of~e ~ m~g~t pl~ ~e ~ 1~ ~e m~, ~e c~e ~or ~e official ~ stlu, ~d beilding c~e ~Izt~ m~ which~ is ~li¢~le. ~d ~d~ ~ int~tio~ ~e plal ~c~ di~tor ~d ~e c~efbuilding offici~ may co~lt ~ ~e co~ a~ ~d o~cr co~ d~~ bcfo~ ~d~ni ~ im~. P~m to ~e ~leue to ~c a~lic~t o~y int~iio~ ~e int~i~ s~l ~ ~ by the co~ s~ for l~g~ ~o~ ~d sufficing. ~t~o~ m~e p~u~t to ~s ~ion shall be r~d~ ~ 45 ~ o~i~e ora d~ination of compl~ m~e p~u~t to section 1.6.3.2. Sec. !.6.4. Form. The ini~pr~tion shall be in writing ~ sh~ll be sent to ~he st~lic~nt by certified m~il ~ receipt requested. See. 1.6.5. Official record. Thc cornmunit~ development ~nd environmental services administrator sh~ll m~in~in an official record of ~11 interpretations .~mda'~d by eider ~he pl~,.in~ services dirt~or or chief building official, which sh'll be available for public inspection durin$ normal business hours. 1.6.$.1. I 1/I ~ l~st 4 BEC 0 notice of [h~Gede intc~prc~tion znd appel time-f~me shall be ~dv~iSCd in n~p~ of ~1 ci~utation in ~e Co~. For int~tio~ ~ff~ting a sp~ific p~ct of t~d, notice of ~c int~tion ~d ~p~l timc-~e shalT be ~v~iscd in a n~spap~ of S~! ci~ulation. ~d m~t notice of ~c int~rctat[on shall be sent to alt prop~ ~ wi~n 3~ feet of the propc~ ]in~ of ~c l~d for which ~c int~tion is off. dye. ~m~ion or om~io~ which w~ 5~. 1.6.6. Ap~al to bo~d of zoning appeal~ or bulldog ~ o~ adiu~~ents ~d appeals. Wi~ 30 da~ afl~ receipt ~Y ~ applic~t or ~ff~t~ int~retadon s~t by ce~fied m~! te~ receipt ~u~t~ ~Y ~e piing ~c~ di~tor or chicf~uilding o~cial, . . ~ . . . the applic~t, . , . . m~y ~eal the int~retation to ~e ~uil~ing ~d or adjus~ m4 ~als for mag~ gla~g to building ~d t~cal codes ~ sho~ ~ ~i~sion I .lg or to ~e ~ ofz~g ~s f? ~11 o~ man~ in ins c~e. ~ eomm-ni~ ~o~ ~ed by all . . . ~t~ =~d ~all include ~ "~in~plic~:ion m~ p~ming ofm ~ A fee for ~e rate gt by the ~d of co~W co~ission~ ~m ~e to time md ~!1 ~ c~ to ~d p~d by the applic~t. ~e ~ud of zoning lp~ or ~e bulldog ~ of ~j~m~ ~d .ppe~ls. whichev~ is applicable, sh~ll hold ~ ~v~ . · · · c~ef ~ilding o~cial. s~ll consid~ the int~uon of~e pl~mg s~c~ ~ ~ the which~ is a~li~le, ~ public t~imo~y in li~t ~mg Ired use m~, ~e c~e or ~e o~ci~ ~g !~ ~c~ ~s ~ c~cf~itding a~ts. w~chev~ is ~lic~le, sh~l ~t ~c p ' g ' ' o~ci~l's inte~rmtiom w~ch~ is ~pplic~bl~ wi~ m ~ m~ifi~ m c~itions. ot ~t his int~don. ~e ~ of zo~ng ~ md ~ppe~ls. whichev~ is ~li~le. sh~li not ~ ~c~ dittoes or chief building o~ci=rs int~ d~mztion ~s not sup~ ~Y suas~ , zomng ~tl~. or bulldog c~¢. ~.~¢h~ is c~c. w~ch~'~ is a~ticable. / SUBSECTION 3.B'. AMENDM~ri'rs TO Zo~G DIS~, pEriOD USES, CO~DI~O~ US~. DI~E~SION~ ST~S DI~SIO~ Di~sion 2.2., ~ Di~c~ p~i~ Us~ Condigo~l U~ Dim~ion~ S~, of Ordi~ce 91-102, ~ ~c~ ~e Colli~ Co~ ~d ~el~t C~c. is hcrcby amended to read as follows: DMSION 2.2. ZONING DISTRICTS, pERMITTED USES, CONDITIONAL USES, DII~ENSIONAL STANDARDS 5ec. 2.2.12. Commerctsl professloasl district (C-l) sud commercial prof~ssiouml tr~usltlousl district (C-I/T). 2.2.12.2. permitted u~e~. The followin$ uses, aa id~tified with · number from the Standard Industrial Classification Manual (1957), or aa otherwise provided for wiatin ds section, are permitted aa of ~isht, or as uses accessory to pertained uses in thc C-1 commcrcial professional dis~ct and the C-I/T commercial professional transitional dimici. 2.2.12.2.1. Permitted Use~. Acccuming, auditing and bookkc .cping services ($721). Automobile p~ddng (7521~. Business scrvices (groups 7311, 7313, 7322-7331, 7338, 7361. 7371. 7372, 7374-7376, 7379). Child day c~'c ~,crvices (S351). Group c~rc f~cilitics (ca~cgory I ~ II. except for homeless sheltcr~); car~ units cxccpi for homeless shelters; ead nut,inS homes; ~ssislcd living f~cilities pursuant to s. 400.402 F.S. and ch. 5SA-5 F.A.C.; and con6nuing care reiircm~t commtmilics pursuant to s. 651 F.S. and ch. 4-193 F.A.C. all subicc~ to Scction 2.6.26. ~t~of, O_foI Enginccrins, srchiteciwal and survcyins s~vices {groups ~ITAL STl I - S713). H~alth S~vices ($011-8049). Individual and family social strvices (8322 activity c~met~, elderly or hsadicapped; adult day care cenic"r~; and day care cema's, adult and t~xtic~ ~cc carritns, agents and brokcrs (group 6311-6399, 6411). 10. Legal services (8111). 11. Managcmtmt and public relations scrvices (~-oups 8741-$743, 87481. 12. Miscellaneous personal services (7291). 13. Mu.r~tms and att galleries (8412). ~ 15. 16. 2.2.12.3. Real estate (g~up 6531-6541). Any other commercial use or pm£cssional services which is comparable ia raturc with thc foregoing uses including those that exclusively serve thc administrative as opposed to the operational functions of a business. and arc purely associated with activities conducted in an office. Conditional u~e~. The following uses are pe-tmiss~le as oonditional uses in thc commercial professionaFtransitional district (C,-I. C-I/T}. subject to thc standards and pr~edurcs established in division 2.7A. Civic, social and frat~al associ~ons Depository institutions (~muln 6011-6099). Educational services (8211-11231). $. 6. 7. Health scr6ccs (8011-8049). Homeless shcltcrs, as dotrmed by this code. Increased building height to a maximum of 50 f'cct. Mixed residential and comm~cial uses subject to thc following criteria: a. A site development plan is approved purmant to division 3.3 that is designed t~ protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours o t' operation, s~ze o f delivery trucks, and type o f equipment; e. The residential uses a~e designed so that they a~ compatible with the commercial uses; fl. Residential dwelling units arc located above principal c. Residential and comm~cial uses do not occupy the same floor of a building, f. The number of residential dwelling units shall be cont~lled by ~he dim~sional standards of the C-I, C. IFF distric~ together with the specific requirement that in no instance shall the resi4enfial uses exc~d 50 percent of the ~ross floor ar~a of the building o~ the d~nslty pemaitted under the g~m, th management plan; Building height may not exceed two stories; h. Each residential dwelling unit shall c~taln the following minimum fl~ aroas: cttidcn~/and on¢~ 450 square fe~ twa.be6r~m, 650 squa~ fe~; ~u. ee-bedr~m. 900 square feet; i. The r~aidential dwelling units shall be ~sn'icted t~ occupancy by thc own~ or lcss~s of the commerci~ r--,~ NO. ~ P~ 7 A minimum of 30 percent of the mixed use development sl~ll be rrteintz]ncd ~s open space. Thc follow~ng may be used to utisfy thc open spac~ requirements: areas used to satisfy water management requirements, landacapcd areas, rcc~zaion areas, or setback areas not covc~:d with impervious surface or used for peaking ~arking lot island= may not be used unless existing n~ve vest,don is maintained); the mixed cenunc~rcs~dcntlal su~cm~ shtll be desired to cnhance compatibility of the commcmi~l and residential uses thr~ such measures as, but not litnited to, minimizes noise associated w~th commcrc~zl uses; dircc~g cormnct~al liZhfing vehicular access'ways and pa~nZ zrcas fix~n residcntial un]ts, to the ~ ~ possible. Nm-sing and personal care facilities (8082). 4.0 9. Religious organizations (8661). 44. j. fl. Soup kitchens, as defined by this code. 44 11. Veterinarian's office (0742)., excluding outdoor kcrmeling. Sec. 2.2.14 2.2.14.2.1. Commercial Intermediate district (C-3) p~.mt,ed I, Unless otherwise provided for in this s~nion, all pertained uses of thc C-2 commercial convenience disu'icc 2. Apparel and accessory stories (~roups 5611-5699). 3. Auto and bomc supply stores (5531). 4. Business services (groups '/311, '/313, '/322-7338, 7361-./3'/9, 7384, 7389 except auctionecrlng scrvice, field boule labeling, packa~ng and labeling, s~lwging of damaged mcrct-~ndise, scz~p steel cutting ar..4 slitting). E~ting places (5812 only). All establislunents engaged in the rettil aslc of~lcoholic beverages for on-premise cansmnption arc subjcc~ to loeational r~quir~ments of section 2.6.10. Food stores (groups 541 l-$499)- C, cncral merchandise stores (gm. ps 5311-5399). Group c3:c facilities (C3tcgory I end Il. except for homeless shelters); care units, rxccpt for homeless shelters; and nursing homes, subject to section 2.6.26. OEO 0 2 1997 I1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Libraries(S231}. Marinas (~493), subject to section 2.6.22. Membership organizations (8611-8699). Miscellaneous trpair services (groups 7629-7631). Miscellaneous r~nail (g;toups 5912-$963, except pawnshops and ~, 5992-5999). Museumsandartgalledes($412}. Non-dtTository credit i~ufimtions (g~oup~ 611 ! -6163). Paint, glass and wallp~oer stores (5231). personal services (groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291). Public administration (groups 9111-9199, 9229, 9311, 9411- 9451, 9511.9532, 9611-9661). Retail nurseries, lag'n and garden supply stoles (5261). Veterinary services (g~oups 0742, 0752 excluding outside kermeling). 23. Videotape rental (7841). 24. United States Postal Service (4311 except major distribution cemen). 25. Any use which wu permissible under the prior GRC zoning district and which wu lawfully existing prior to the adoption of this code. 26. Any other general commercial use which is comparable in nature with the foregoini uses includinl buildings for retail, service and office purposes consist~m with the permitted uses and purpose and intent statement of thc district. 2.2.14.3. Conditional Usez. 'l'tie following uses a.,'e permissible as condition~! uses in the commercial intermediate district (C-3), subject to the standards and procedures esutblished in division 2.7.4. See. 2.2.18. 2.2.15.2. 11111/97 14111. Vocational Schools (8243-8299) General commercial district (C-4). Perrninedu~e~. The following us~ as identified;with · n~ Standard Industrial Cla~fie.~tio~ Mamal (1~..'/), or u--otran, w~g OEO 0 1997 provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the Smeral comm~cial district (C-a). 2.2.15.2.1. Permitted u~. Unless o~erwise provided for in this code, all perm·ned uses in the C-3 commercial intermediate district. l~rlcultural services (groups 0741 excep~ outdoor kenneling, 0742 except outdoor kenneling. 0752-0783 except outdoor kenneling). Amusements and recro~tion services, indoor (gnmps 7911-7941, 7991- 7993, 7997, 7999), outdoor (7999), including only fishing pic'~ and l~kes upera~ion, houseboat renal, pleasure boat renal, operation of party fishing boats, c~noo renial. Automotive dealers and gasoline service at,ions (gro~s $511, 5531, 5541 wiih services and r~alrs s.s de·ch'bed in Section 2.62.8, 5571, 5599 n~w vehicles only). Automotive r~ir, se-~ices, parking (groups 7514, 7515, 7521) and c~-washes (group 7542), provided that carwashes abuning r~sidential ~ning districts shall be subject to the following crit~a: a. [Size of vehicles.] Cirwashes designed to ser~e vehicles exceeding a capacit~ rating of one ton shall not be allowed. 1. Front y~'d setback: 50 feet. 2. Side yard s~back: 40 feet. 3. R~ar yard setback: 40 feet. Minimum ~'ontage. A carwuh shall not be located on · lot with less than 150 feel of frontage on · dedicated strict or highway. d. Lot size. Minimum 1 $,000 ~uar~ feet. Fcncc rcquircmcnts. If · ca~v~sh abuts a rosidential dis~ct, a ma.sonry or cquivalcnt wall con.suucted with a decorative finish. six fcct in hcight shall be crccted along the lot linc opposite thc rosidcntial district and the lot lines perpendicular to the lot lines opposite the residential district for a dis~nce not less than 15 fe~t. The wall shall be Iocaled within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture,. The building shall main~in a consistcnt architccmral thcme along each buildin~ facade. I i/I ~/97 h. for all ca~ w~hing facilities, incl~ facilities, shah bo enclosed on a~ Words mu~dm~h m~ d~le~d. ~,,~a ~ Noise. A carwash shall be subject to Ordinance No. 90-17, Colli~ Cotmty Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and pollslRng operations .~..,c~ ~. _v,,~e~_ ',,S 11111,/97 10. 11. 12. 13, 14. 15. 16. 17. covcrcd by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours of'operation. Cazwnshes abutting residentia~ dis'trim shall be closed from 10:00 p.m. to 7:00 a.m. Building matcrizls, hardware and gmlcn supplies (groups 5231.526 ! ). Btuineta services (groups 7311-7352, 7359 except ~irphne. industrial ln~:k. ~rabl¢ toilg ed oil field equipment tinting ed leasing. 7361- 7397 except a~mored car ed dog rental, 7389 except auctionecring" bmt'~zing, field wa~zhouxing" r. xlvaging of damag~ meghandi~)~ Commercial printing (2752. cxcluding newepa~t%). Corrtmunications (groups 4812-.4841) including cotmuunications towerx up to specified height, subject to section 2.6.35. Eating a~d dzinking es~blishments (5812, 5813) excluding hoRle clubs. All cstablishments engaged in the rctall sale of alcoholic beverages for on-premise consumption tre subject to the Iocational requirtments of section 2.6.10. Engineering, accounting, research, management and r~latcd services (groups 8711-8748). Glass end 81~zing work (1793). Group czrc facilities (category I and TI, except for homclcss shelters); care units, except for homeless shelters; ami nursing homes: assisted living facilities pursuant to s. 400.402 P.S. ami ch. 58A-5 £.A.C.: and continuing care retirement communities pursuant to s. 651 F.S. and ch. 4-193 F.A.C. all subject to Section 2.6.26. Hospitals (groups 8062-8069). Health Services (Groups 80:51-8059. 8062-8069. 8071-8072 and 8092- 8O99). Marinas (4493, 4499 except canal operatiom cargo salvaging, ship dismantling, lightetage, r,-m'ine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622-7641. 7699 except agricultural equipment repair, awning repair, beer pump coil clta'.ing and repaY', blacksn~th sixths, catch basin, septic trak and ce~x~ol clea..~ng, coppera~ng, farm machinery repair, fire equipment repair. furnace and chin~ clear~& industrial truck rcpt~r, machinery clean, g, repair of service sta~on equipment, boiler cleaning, tima~tl'.ing, tra~ot 18. Miscellaneous retail (groups 5912-5963. 5992-5~99). 19. Motion pictu~ theaters (7832). 20. Public or private pa~s ed playground. 1997 21. Personal services (groups 7215, 7217, ~21." ??..t 7219. 7261 except cr~natories, 7291-7299). Sec. 2.2.16. 2.2.16.2.1 Sec. 2.2.23. 2.2.23.2.1. 22. Re~l est.~te (group 6512). 23. Social services (groups 8322-8399, except for homeless shelters and soup kitchen,s). 24. [R -ved.l 25. 26. Vocational schools (gzoups 8243-8299). Any other general commerdal use which is comparable in nam~ Mth the for~goin$ uses including buildings for retail se~rice and office purposes consistent with the permitted uses and intent and purpose ststtm~t of thc dL~ricc Industri·l district Pertained Uses Agriculttwal services grou~s 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops sl~l be a minimum of $00 fc~t fix~m · residential zoning district. 0721, except that aerial dusting and spra~ng, disease control for crops, spaying crops, dusting crops, md insect conuol for crops (with or without fertilizing) sl~ll be a minimum of$O0 fee~ flora · residential zoning district, 0722-0724, 0761, 078].a~ 0783). 27. Personal services (~n~ps 7211-72~951- 72911. Airport overlay district (APO): special regulations for specified areas in and around the airports In Collier County. Primary zone. An area longitudinally centered on a ranway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the rtmway. The width of each primary zone is u follows: Everllsdes lrrrnok~e~ i 1111/~7 Primary zone height. No structure or obstruction will be permitted within the primary zone that is not pan of the landing and takeoffarea and is of greater height Oxan the nearest point ¢ ~the runway centcrline. DEC 0 2 1997 2,2.23.2.2 2.2.23.2.3. 2.2.23.2.4. tlori:ontal :one. 'The L'Ca tro~ e~h l~blic ~sc ~ ~i~h m outer bound&y, the per~eter of which h ~ by twinh,~fl[ areas of specified radii from the center of each end of the i~'im~ zone of c~ch ~pofl's nmway~ and conne~in$ the ~djacent ~rcs by lines t~ngent Io those ~rc~. The ~diu~ of each arc is M follows: HO~JZONT^L ZOnE IC~Dt~S ~ i. Horizontal zone height, bio strucram or obstruction will be pertained in the horizontal zone tl~t has a height grea~a~ than tS0 feet above the Of No H,~i~ To Ai~' Nlv~_~ttit~ h~ been Conical zone. The area extending outward from the p~iph~'y of the horizon~l zone for a dimnce of 4,000 I. Conical zone height. Height llmitation~ fo~ ~ruc'B~ in the conical zone ar~ i ~0 fe~ above airpor~ height a~ the inner boundary with pcrmitled height increming one foo~ vertically for otery 20 f~ of horizontal distance meamred outward fix~n the inner boundary to height of 3~0 fee~ shove airport height at the outer boundao'. ,~ppnMch tone. An stea lon~itudinally centered o~ ~he extolled runway cent~riine md extending ourw~d from each end of the prims~ surface. An approach zone is designated for ench rmnvay ba~ed upon the type of approach avtii~le or ptanned for ~tat rumvW end. I. ,~pproach zone width. 'I'ne inner edge of the sl~'oach zone is the same width ~ the primary zone. The outer width of the tpproach zone is pre~:ribed for thc mo~ pr~is~ sppm~h existing or planned for that runway end expanding uniformly to the following widths: Marco Islar*d Width 16.000 1.2~0 DEC 0 2 1997 Approach zone length~. The approach zone extends for the applicable horizontal distance as follows: Mn'co Islmd £veqlidc~ '.! 4S 19.$$ I S-~'! II ~6 4..22 .4pproach zone height. Permlned height limitation within the apl~oach zone shall not exceed the nmway end height at the inner edge and increases uniformly with horizontal distance out~std From the inner edge as follows: Man~ Islaml Everll-.,~.- 11/!1/97 Rvaw~, 17.~S Prec~ton tnJmonent runway(z). On~ foot ver6cally for ~'tn? 50 feet horizontally f~' the first I0,000 feet :,-~;~ating to one foot vertically for cv~y 40 feet horizontally for additional 40,04X) feet. bron.prectsjon tn.ftrument nmways. One foot vextically for ever 34 feet horizontally. !~. 14 AGE..~EM No. ~ DEC 0 2 1997 :3. l.'~al ntnw~'s. One foot vertically for every 20 t'e~ horizontally. 1, Development of the Marco Shores Golf Cour~ Corr,m.niw that com~ ~ ~e I~ati~ and h~ght ~ui~t~ ~f ~i~e 81- ~ ~d~ v ~in~e RS - S6 ~ ~in~e 94 - 41_ i~ ii. P~or issu~ee of · F~ A~,ti~ Admini~i~ S~SE~ION 3.C: ~N~MEN~S TO ~SC~G ~ D~SION Division 2.4., Landscaping ~nd Buff~in~. of Ordinance 91-101. as ~mend~. the Colli. Coumy Land Development Code.. is h~r~by smended to read ss follow~: DMSION 2.4. LANDSCAPING AND BUFFERING See. 2.4.3. Procedure~. 2.4.3.1. Land~cape p/an reqmred. Prior to the issuance of any preliminary subdisision plat, final site development plan, or building permit, an applicant whose development is covenxl by the requircmenls of this section shall submit a landscape plan io the development services dir~or. The landscape plan shall b~!,e~,eg-IB~ bear the seal ora ~ An:hitect registered in the State of Florida,. The landscaping required for single-family, two-family, and mobile home dwelling units, shall be shown on the building permit plo~ plan. This plan is not r~quired to ~ bear the seal ora landscape architec~ SUBSECTION 3.D: AMENDMENTS TO SIGNS DMSION Division 2.5. Slim, of Ordinance 91-102, as amended, the Collier County Land D~vclopment Cod~, is h~r~by srnend.d to ~ as follow~ DMSION 2~. SIGNS Sec. 2,5.5. Permltied silos. 2.5.5.2. Signs within non.residential diztric~. 2.5.5.2.1. ! Dcveiopmcm standar~ Maximum allowable height. All silns within non-residential zoned dislzicts and u applicable to non-residential designated portions of PUD zoned pr~q~-nies ar~ limiled to a maximum height of eight feet, exce1~ wall or pole signs, or as otherwise provided for within this ~ Height shall be measured from the lowes~ cern ~ No. ,,...~'~.; DEC 0 2 1997 public or private R.O.W. or easement to the uppermost portion of the sign s~-uct~re. Minimum setback. All signs within non-residential zoned districts and as applicable to non-residential dcsig~lated portions of PUD zoned properties shall not be locked closer than 15 feet from the property line. unless other, vise noted below ot as provided for in section 2.1.13. 2.5.5.2.4-2. Real ~tat¢ signs: The following signs classified as real estate signs shall be permitted in non residential districts subj~'t to the following: One ground or wail .Tor Sale," 'Tot Rent," or similar sign with a maximum m of~e [ggLsqua~ fee~ in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) One ground or wall "For Sale," 'For Rent," or similar sign, with a maximum 32 squazc feet in size, per stree~ frontage for each parcel, or lot one to ten ~ in size. (No building permit required.) One ground or wall "For Sale," "For Rent,' or similar sign, with a maximum of 64 squazc fc~ in size, per ~ frontage for each p~rcel ot lot in excess often acres in size. Real estate signs shall not be located closer than I$ feet from any property line. In the case of. undevi:lopcd pazcels where the existing vegetation may not allow thc location of the sign 15 feet from thc ~,rnount of the required sciback however, in no case shall said sign be located closer than five feet from any property line unless luthorized by the boazd of zoning appeals through the vaziance process. Real est3te signs shall be removed when an applicable temporary usc permit has expired, or within sevin days of any of the following conditions: ownership h~s changed; or, thc property is no longer for sale. rent or lease. A sign advertising that a property has been sold or leased shall not be displayed for more than 30 days after it is erected. 2.5.$.2.a~. Construction sign. t. All supports for such signs shall be socurcly built, constructed, ami crec~ed and shall be located on thc site under consu'uction and no closer than 15 feet bom any property line, and subject to the following: C~ne ground or wall sign, with a maximum of 12 square feet. may be used as a construction sign by the general contractor of the development or as a permit b~ml, within each front y'~rd for each parcel less than one acre in size. (No building pcnnit requital.) One ground or wall sign, with a maximum of 32 square feet in size. may be used a.s a cons~ction sign by the general contractor of the development or as a permit boant, within each front yard for each parcel one to ten acre in size. (No building permit required.) One ground or wall sign, with a maximum of 64 square feet in size, may be used as a con.va~ction sign by the general contractor of thc development or as a permit board, within each _ _ in excess of 10 acres in size. OEO 0 2 1997 2.$.5.2.~. I 1/11;~7 4. One i~'ound or wall sign, with a rn~ximum of 4 squar~ t~-'x in size, may be used as a consu~c6on sign by each ¢onu-acxor, lending insfnaion, or other similar company involved with the d~vclopment, r~g~xlless of p~rrcl size. (NI~R) 5. All cons~uc~ion sigm mus~ be r~moved prior to thc issumce of certificate of occupancy. On.premise ~ig~. On-premis~ pole signs, ground signs, projecting sign~ wall signs, and mansard signs shall be allowed in all non-.r~identially zoned subject to the restri~om below'. Pole or ground signs. Single~-'upmo/p~els, shopping cenms, once complexes, business parlc~, or industrial p~4~s having fi~n~ of 150 feet or more on a public ~ or combined public ~ flor, rage of 220 linear fee~ or more for corner lots, shall be l~xniued one pole or ~wo gr~nd sign~ In addition, multiple occupancy patois such as shopping cenun~, office complexes, business parks, or indrr~rial parks confining 25,000 squar~ fe~ or more ot gross leasable floor ~ ~nd c-iyht o~ mor~ ind _em'rider b,~ine~ses will be pertained one directory sign with a maximum size of 250 squ~r~ tee~ for a single enu'ance on each public 1. Maximum allowable sign are~ 100 ~uare feet for e~ch pole or ground signs, or a maximum combined ar~ of 120 squar~ tee~ for two ground signs, except for approved direc~ny signs. 2. $~ba~ks: 1:5 tee~ from any property line, public or private right-of-way, or easemen~ unless otherwise nomt below or as i~ovided for in section 2.1.13., and with the excel~ion of dirocu~ signs which may be located wiflfin the medians otpriv~e mee~s or easernen~ provid~ tha~ ther~ is a minimum of a 1 S-toot s~back fi~m all project boundaries and public right-of-ways and ~asemen~, md their location presents no visual obs~ruc6ons, or ~affic hamrds to motorim or pedes~ara, unless othen~ise no~ed below or as provided for in section 2.1.13. 3. The I $.foot sethack requir~nent may be adminisa'afively reduced by a m~ximum often feet by ~he planning services dir~or upon submission otthe ~Iministra~ive v~ance tee and a wri~en r~lUeS~ The planning services director's decision ~o reduce the r~luired 1 $.toot sethack shall be based on the following: Where it can be d~rnons~med tim within the adjacen~ right-of- way the ar~a betw~-n the ~ line md the edge of pavement is ~xcessively wide md ~ the s.'mal paved ~ is unlikely be widened to the ~xtent fl~ r~luc~ion in the r~iuired will resuR in the sign being my closer ~ ~0 b) Wher~ due to the exi~ng site condi6ons and improvements, it can be demon.m'~ted th~ sdherenee to the r~-quirod 1 ~-foot setback will l~ve a del~erious effect on the sat'cry of users of the site from the perspective of'vehicular parking and vehicular and pedestrian ingress end egress; c) Where due to the natw~ end loc~ion or' existing Imdsca~ features md/or spocimen Irccs, it would b~ prudent to allow for a reduction in the required seibaclr so e/-so mosA~l~ locate the sign su'uctu~, or, No. ,, sddaf. 1997 d) The extent of the reduction is the minimum amount necessary to provide r~lief ~rom the applicable conditions cited above. M~ximtnn allownble height: 20 feet in height, except for directory signs u permitted in section 2.5.5.2.3.1., which tory be 25 feet in height Height sh~ll mes~re ~om the lowest centerline ~ of the near,st public or private fight-of-way or et~-ment to the uppermos~ portion of the si~n su~-mr~ The ~um size llmitstlon shall apply to esch ~ Pole or ground signs rnsy be plaid back to back, sid~ by side, or in V-tl~pe ~on with not mor~ than one display on each facinf, and such sign su'uctwe shall be considered as one sign. Spot or floodlights shall be pennitled only where such spot or floodlight is ~olving and said light shines only on the own~s pmnises or signs and sway from any right-of, way. 2.$.5.2.~.2. ! 111[,~/ Pole or ground signs within r~onal shopping centers. One pole or ground sign is peru',irked for each regional shopping center having ~ f~ntage of 150 feet or more on a public slreci. Additional pole ~r ground signs may be permitted provided that there is a minimum ~fa 1,000-foo: separation between such sig~s, a~i ail setb~k r~luir~ments ar~ met. In no ca~e shall the number of pole or ground signs exceed two per streci frontsge.. Additionally, one ~ sign with s maximum size of 250 square feet will be permitted for a single ~trance on each public Maximin ailowabl~ sign area: 100 square feet for each pole or ground slim, or a maximum combined m of 120 squ~r~ feet for two ~ signs, except for ~q~roved directory signs. Setbacks: 15 feet ~ any property line, public or private right-of-way, or easement, with the exception of directory signs which rosy be located within the medians ot'privat~ struts or es.sements, provided that there is n minimum ofn 15-foot setback ~ all project boundaries L, xi public rifts-of-way and easements, snd their location pr~ts ~ visual obstruc~ons, or traffic hizsrds to motorists or pedcsizians. The .15- foot setback r~qulr~nent may be administratively r~dueed by a maxtmum often feet by the planning services dir~-tor upon submission of the ndminislr~tive vsriance fee and a written r~-__,e~__ Wbe~ the planning services direcior approves such a ~ [ DEC 0 1997 I [ ,,_70 being requested. The planning services dire~ot's decision to reduce the reqv~i i 5.foot setback ~ be bated on the follo~ng: a) Where it can be dcmonsv'ated that within the adjacent fight-of- way the area between the pmpert7 line sad the edge ofpavemem is excessively wide sad thtt the actual paved ~ is urdikcly to be widened to the cm~ ti~ reduction in the n~tvized setback will result in the sign being any close~ than 30 feet to the edge of psveme~ b) Where due to the existing site conditions and L-n~ovements, it can be dcmonstr'a~ ~ adherence to the r~uir~ 1 S-foot setback will have a deleterious etTect on the s~fety ot'users of the site ~rom the peeve ofvekicular p~king and vel~cul,v and pedest~an ingress and egzess; c) Where due to the nature and loca~on of existing landscape fe.a~u~s and/or spedmen reduction in the required setback so as to most ~ppmpriateiy locate the sign s~ucture; 2.$.$.2.~.3. Il/Il/g7 d) The extent of the r~ucfion is the minimum amount necessary to provide relief fram the applicable conditions cited above. 4. Ms.x~num allowsble height: 20 feet in height, except for dirm~oD' si~s ~s permitted in section 2.5.5.2.3.2.. which may be 25 fc~ in height. Height shnll measu~ ~zom the lowest centerline grade of the nearest public or privtte right-o f'.wny or e~sement to the upperma~ portion of the si~n structure. 5. The m~ximum siz~ limb·lion shall apply to each structu~. Pole or ~mund signs m~y be placed back to back. side by side, or in V.type constzvction with not more than one display on each facin~ and such sign s~ctu~ sh~ll be considered as o~e sight. 6. Spot or f~oedlights sha~l be permitted only where such spot or floodlight is non-r~eolving and sa~d light seines only on the owners premises or signs and away ~zom any r~ght-ot'-way. W~ll, m~ud, canogy or awning signs. One w~ll, ~ canopy or awning sign shall be permitted for e,~ slngle-occupmcy parcel or for each establishment in a multiple-occupancy parcel Comer units within multiple occupancy p~.els, or single occupancy parcels where tbe~ is do~le ~mage on · public right-of-way, shall be s~lowed two signs, but svch signs shall not be combined for the propose of placlng the combined ~-~ on one w~ll. In addition, outparcels within shopping centers may by allowed one nddltiunal wall sign facing the shopping center if the ndditiorml sign is not oriented towards any public right-of'-w~y. P..-ts~l businesses with · floor sz~a of'lazier than 15,000 squaz~ feet and a fi~at w~ll length of'more than 200 linear feet, are tllowed three wall signs; however, the combined area ofthoso signs shall not exceed the maximum s~lowable displ·y az~t for signs by this code. 1. The maximum allowable display a~a for signs shall not be more than 20 percent or'the total squa~ f'oota~ oftbe visual facade of the building to which the sign will be ·trothed and sha~l not, in say case, exceed 250 squaze feet in sze~ for any sign. · ! 2.5.5.2.~.i.4. 2.5.5.2.3-t.6. 2.5.5.2.~t.?. Projecting signs. Projecting signs may be substituted for wall or mansard signs provided that the display ar~ ot'th¢ projecting sign shal! not exceed 60 squar~ f~-t ofdlsplay area. 1. projecting signs shall not project more th~ four feet from the building wall to which it is atlached. 2. Projecting signs shall not extend shov~ thc toofline ofthe building to whic~ it is srt~chod. 3. Projecting signs shall not project into the p~bli¢ ri~t-of-~vay. 4. Projecting signs which projec~ over my pedestrian way shall be elevated to s minimum height of eight feet above such pedestrian w~y. Under-canopy signs. In addition to Shy other sip allowed by this code, one under-canopy sign shall be allowed for each establishment in · shopping center. This sign shall not exceed six squar~ fe~ in tr~ and shall be a minimum of eight feet above finished grade.. Under canopy signs do not require I building permit unless the sign is equipped with sa electrical component. Accent lighting. In addition lo any other sign allowed by this code, accent lighting may be allowed subje~ to the following r~cluirements: 1. No more than ~wo tubes or swands otooniinuous accent lighting will be allowed per wall ora smtctur-- 2. Accent lighting cannot exceed one and one-halt inch in diameter per tube or strand, and shall not be used to outline doors md windows, or attached to columns and vo'tical comers ofsiructur~ 3. Accent lighting mus~ have the approval of the community development services adminim'ator or his designee except as prohibited in section 2.5.'/of this code. Installation of accent lighting shall rcquir~ a building 4. Accent lighting musi comply with the Collier County ou~,,,t electrical code and must be ins~lled by a licensed electrical sign contracior to m approved elecuical suur~. Signs within planned unit domlopments (PUDs). ~t to the purpose and intent of this division, cr~ive, fles~le md uniform comprr, hemive sign plans providing for size' loc~tion, type, md common ~r. hitectural design sunclards, m'e encouraged within all PUD zoning districts, ~nd specifically required for PUDs contain in · conunercial component. Sign classes and sizes for planned unit developments should be tho same as the stanctuds found within this code t'or the zoning disirict the development most closely resembles, unless such pl~rmed unit developments hav~ comp~hensive sign scmciards contained in the PUD document. 2.5.5.2.~-~.g. II/l~dg'/ Flags. Residential properties that have been i~ued · certificate of occupancy may display up to Ou~e non-c:ommen:ial fla~s. Three non-comrnerclal flags may be displayed ·t the enu'anee ora commercial, office, industrial or residential development. Where thes~ developments have multiple emr'a~es, any entr-mce may ham up to thr~e flags each, provided: the development is at least ten acres in ~ any en~'an~ with flags is providing in[ress/e~ess only oft'· roadway additional flags may be disphyed within a devclopmcn! provided the flags are not visible to motorists ·long say frontage roadways. The tour internally displayed flags may be increased by up to eight ad~fional flags for maximum total of 12 flags w~th the amount of the ptupor, ed increase to be determined by the planning services director, provided: all proposed flags would not be visible to motorists along any frontage roadways and the planning t, ervices director determines that the display of the extra flags is essential to the theme and design o f the development. 1. AIl flagpoles with a beight in excess of I$ feet above finish [rade or ~t extend mote than ten fc~ from say building tha~ they are anached to sh~ll be subject to the building pc'mi! process. As a condition of pertaining, the fla~:~ole fomxlagon or ·tt.~.l~ shall bo designed by a consirucgon dc,ails and maximum flag a~ thai is supportable. Certified designing and scaling shall not be required wbero flagpoles are locaIed · t · disi,~ncc exceeding their height plus five feet from all su-acturcs (except those designed solely for storage), property boundaries, utility lines sad poles, and pedestrian/vehicular acccssways and roadways open to the general public or the rcsldcnts of tha~ community. 2. On single-family or duplex lots flagpoles shall not cxc--'~4- it lO feet in height above t!.rJ:h tqnished grade. For all other residential zoned parcels, flagpoles shall not exceed 35 feet in height from the ~ f~ni~hed grade or extend more than 20 feet from any building to which they are attached. In the ~, agricultural or conserv~on distric:s flai~:~oles shall not exceed 2 35 reet in height above ~ ~i,hed grade. ~,-=P._~!~.; '.: -::.~,':;h :.'..~' =.-: =:'.:: ..... In all other zoning district~, flagpoles shall not exceed 80 ~0 feet in height fi~rn the finished grade, nor extend moro than 20 feet from any building to which they ~'c at~:hed_ nor ~b211 the width of'the fl2_e e~eeed ~0% ofthe ~rn~h of the lTele to which it is s~xed. 2.5.5.2.~-~.9. Tempor',uT signs. The erection of say temporary sign shall require pertaining ~s established w~thin section 2.6.3~ unless otherwise indicated hercirc Applicants for temporary sign permits shall pay the minimum fee established for said permit. Temporary signs shall be allowed subject to the restrictions imposed by this section and other relevant para of this code. 2.$.5.2.~.9.1. Political signs. Political campaign signs and posters shall be permitted subject to thc following requirements: Prior to the eroctinn, installing, placing, or displaying of a political sign a bulk temporary pcnnit shall be obtained. The permit number shall a4~,ar on every sign or on the pole supporting the sign. The fee for said bulk l~'rrrtit shall be ss adopted by resolution by thc board ofcoun~ commissioners. Pa~ 21 Political campaign signs or posters within residentially zoned or used property shall not exceed four square feet in size, and sh~l not be localed closer than five feet to any property line. Political signs placed within residential districts shall require written permission from the propc~ owner. AG£N.~AT~M No. ~-~;~ Political campaign signs or posters will be permitted in all other zoning districts within a maximum copy area ot'40 squa~ {',.'ct per sign, and shall be located no closer than 15 feet to any propaty line. The number of such signs shall be limited to two signs for each lot or pm'cci per bulk permit issued for each candidate or issue. All supports shall be securely built, consu, ucted and etched to confon'n with the rcquiranents of thls code. The maximum height of any political c~,~,aign sign or poster, except those that may be affixed to a wall, shall be limited to eight feet. Political signs shall be erred not more than 60 calends' days prior to an election or political event, and shall be r~moved within seven calendar days after thc election, event, or after the campaign issue has been decided. 2.5.5.2.;.A.9.2. Grand opening signs. An occupant may display an on-site gl=and opening sign not exceeding 32 sq~re feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. 2.5.5.2.;-t.9.3. Special events signs. A special events si.~ not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fai~ carnivals, circuses, revivals, sporting events, or arty public, charitable, educational event. Such sign shall be located no closer than 15 feet to any pnaperty line. Such signs shall r~uire a building permit. 2.5.$.2.~1. ! O. Special purpose signs (on-site). l~e to the unique and varied nal3.uz of the following uses, additional signs may be r~uired to provide the desired level of service to the public. Special purpose signs shall be permitted as follows: 2.5.5.2.~.~.i0.1. Theater signs (on-site). In addition to the signs otherwise pcTmitted by this code, a theater shall be permitted a changeable message sign, the surface of which shall not exceed I00 squ3:c feet in area. Such sign shall require a building p~rnR. 2.5.5.2.;;-A. 10.2. Automobile service stations. In addition to the signs otherwise permitted by this code, automobile service stations shall be permitted one changeable m~_,,_ge sign not to exc__eed ten squsr~ feet in ar~ for the purpo~ ofdisplaying $~soline prices only. Such sign shall be sffixed to the structure ora pole on the property. Such sign shall requlr~ · building permit. 2.$.5.2.;,J.i 0.3. Time and temperature signs. One time and ~tur~ sign having a surface ~rca not exceeding 18 squar~ feet shall be permitted at each induslTial, commercial or other non-residentially zoned property. Such signs may be affixed to the sl:~ictt~r~ ora pole or ground sign. Such sign shall require a building pennit 2.5.5.2.;t. 10.4. Commercial, business park and industrial directional or identification signs. Directional or identification signs no grater than six squar~ feet in size, and located internal to the subdivision or development, may be allowed subject to the spproval of the community development and environmental services administrator, or his designee. Such sign shall only be used to identify the location or direction of approved uses such as sales een~rs, information centers, or the individual components ofthe dev~lopment' ' ' '.. ~ . ' signs mainttining · common alxhi~ theme may~ enmb~.-~ sign not to ~xceed six fce~ in height and 64 squa~ feet in ~ Such signs shall rel~ir~ a building permit. For signage to be located along the Golden Ga~ Pa~vay, see division 2.2, sections 2.2.21.1 s.~ 2.2.21.6.2 ~d the Golden Gate Ma~ter Plan. 2.5.5.2.~. i I. On-pr~mise signs within agricultur~ district. On-pr~nises signs shall be permitted within a~riculrttrally zoned or tt~d property, for agri.~ommercial uses dcEned within thc Collier CounT zoning ordinance only, and subje~ to the following r~str[ctions: 2.5.$.2.~.11.1. (~e pole or ~ronnd sign identi~ng the farm ~ce or ~ of~h ~ ~g~ ~ ~y ~e m~ ~l~le si~ ~ f~ ~ ~le I~ pubic ~ ~vate ~t~f*~ or ~ 2.5.5.2.~-~. 11.2. Sea.~on~l farm signs (on-site). One t~ pole or ground sign identifying the f~rrt, farm organization, entrance, or gate not exc_,~__Jng 40 ~ fe~ in ~ Tl~s sign shzll be used to identify temporary agricultural offices so as to exped/te the exportation of cro~ to various paas of the connty. Such sign~ shall be perm/t~ for a period not to ex~130 days and may be issued only tw/ce in any calmd~r y~r. Such signs sl-~l require a bu/lding permh. 2.5.$.2.~t~. 11.3. U-Pie si~ts. One U-Pie sign 1~_!~ a~ the entrance or ~e of~ ~ ~ge. ~e ~ dl~le.~ ~ f~ ~ U-Pie si~ ~I ~t ~c~ 32 ~ f~ ~ s~l ~ I~M a ~ off5 f~ ~ ~y p~ l~c, public ~ ~vate ~t~f*way ~ ~C 2.$.5.2.~.I 1.4. Wall, m,~tsard canopy or ~vrt~ng signs widen agricultural districts. Wail mansard, canopy or ~v~ing sig~ sl~ll be pertained within agriculturally zoned or used property, for agri-comme~al uses defined within the Collier Cotmry zoning ordinance only, ~d subject to the following r~strictions: 2.5.5.22-~. ! 2. One wall or ~ canopy or twning sign shall be permitted £or each principal use struc~m~ on the parcel. Comer p~els or double-&enrage p~cels shall be allowed one sign per sm~ fr~tage, but such sign~ shall not be combincd for the purpose ofplacing the combined aren on one wall. The m,zximum allowable display aren for any sign sh,%ll not be more than 20 percent of the total square footage of the wall to which it is affized, and shah not in any case exceed 250 square feet in area per sign. Off-premises directional si~rts. Oil'-premises dL'~ction~l si~ts are pcrmincd subject to review snd ~roval of the design and location ofsuch signs by the designee, if the following retir~nents az~ met: Off-pr~nises directional sign.~ shall only be permitted in non- r~sidentially zor~d, or agricultural dim'ices. No mor~ than two off-premise directional signs ~ be permim~d, identi~ing thc location and nature ora building, sn'uctur~, or use which is not visible from the arterial w~way serving such building, structure, or ~ provided: Each sign is not mom than 12 squa~ feet in a~a with a single- faced display a~a only. Double-fatal signs sl~ll not be DEC 0 1997 Thc sign is not more than eight feet in height above the lowest center g~de oft~e ~crial roadway. 3. Thc sign is loca~l no closer ~ 1 $ fee~ to any pr~qx-rry line. Thc ~pplicant must submit with thc permit application notarized. wrinm permission from the property [owner] wher~ the otT-site si~n is ioctted. The sign shall only be located within !.000 feet oftbe intersection of the snaial roadway serving the building. Off-premises directional sipts shall not be located closer than $0 feet fi'om a rcsidcntially zoned district. OtT-prcffdses directional signs shall not be located closer than I00 fcct from another otT-prerrdscs dircctional sign. 2.5.5.2.~. ! 3. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and ail other applicable federal state, and local codes and r~gulalions. £uflher, lighted signs shall: be shielded in such a manner as to produce no glare., haza.,'d or nuisance to motorists or occupants of'adjacent properties; not be reflective or phosphorescent; have a s~cady nonfluctmtting or nonundulatins Hr, tit source. Sec. 2.5.10. Continuation of nonconforminE sips. 2.5.10.3. A non-conforming permanent on.premises or otT. pr~mises sign shall not be replaced by another non-conforming sign mcept ~ subslitution or interchange of letters, ~:::::. ?.:.'~:I:, :.-,,i~ ~:.!:.:~ ~_:--.~:, :.' ~'i::-...:=.':'.~!: :-..::-~:-_! on non- conforming signs shall be permitted through the period o f non-conformi~ established by this code. SUBSECTION 3.E: AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS DMSION Division 2.6, Supplemental District Regulations of Ordinance 91-102, as amended, the Collier County Land Dcvelopment Code, is hereby amended to read as follows: Sec. 2.6.35. 2.6.35.6.2. l II!8/~7 DMSION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS Communication towers. Pcrmitted ground-mounted towers. Towers not exceeding the s~ted maximum heights are a permitted use subject to other applicablc provisions of this section, including separate requirements and s~ use provisions. Towers that exceed those spccified rrmximum heights require conditional use approval. I. All commercial,_btLdn~S_p~ and in, Any tower up to 75 feet in height is a Page 24 DEO 0 2 1997 minimum yard requirements. Any tower that exceeds 75 feet in he/iht up to n height of 185 feet is a lawful use only if pertained or otherwise provided in the r~-pective zoning district and the bue of such tower is separ~__~ from thc near~t boundary ofs~y parcel of land zoned RSF-I through RS£-6, RMF-6, E, RMF-12, RMF-16, RT, YR, MH, TTRVC, or PUD zon/ng of six r~idential dwelling units or less, by a minimum distance in fe~t determined by muir/plying the height of the tower (in feet) by s factor of 2.5. (The minimum sepn-ation dis~noe is 2 ½ times the height of the tower.) Towcn which do not me~ ~he separ~tlon requirtment ma), apply for s v~ance in accordance with sec~on 2.7.5. SUBSECTION 3.£: AMENDMENTS TO SUBDIVISIONS DtVXSION Division 3.2., Subdivisions, of Ordinance 91-102, u amended, the Collier County Land Development Code, is hereby amended to read a~ follows: DI~qSION 3.2 SUBDMSIONS' Sec. 3.l.8 Improvement plans. 3.2.g.4.16. Pavem~t s~mple~: The d~vel _o~et the ht~e co~e ~d ~e c~e of the c~l~ public ~ ~v~ :~istelv ~l~e the ~on~c6on to conf~ to the A tolerance of IA inch for pzvemen! ~rl'~e ~1 ~ inch trot b~e course rr~y be ncc~ted_ An.v de~ati~ mote fh~ ~e~e toler2nce~ will in withholdin? ?~Tliminxr? ace .e~tmnee tmtJl ~ch time lh~t the pavernt, nt is bmu?ht u9 to Coun~ 3.2.8.4.22. 1 I/II/'~/ Water management. 11. Plan~ and tpecificationx The muter dr'annie plan dali include the da/hale plans and deta/h for all lots. A .~-'.::2 .:. ~--~-:'-: ': ~ -~ ~ The engineer shall state on the water manag~nent calculations the basis for wel season water table selecdon. I The engineer of record pt/et to final aceslnanoe, shall provide doct~entation from the stormw~ter m~intenance entity tha~ it has bccn provkled information on bow thc stornwvatet s~cm works AGE N,~ J~t'l~ U OEO 0 2 1997 SUBSECTION 3.G: AMENDMENTS TO EXPLOSIVES DMSION Division 3.4., F. xplosive~, of Ordinance 91-102, ~ ~nended, [he Collier County Land Development Code, is hereby ~mended to r~ad M follow~: DMSION 3.4 EXPLOSIVES* Sec. 3.4.7.Permit application review procedures. 3.4.7.1.3. L Prior to detonation et'explosives a list of all _ere.bl:~t in~eetion, performed shall be provided lo I:n~nee.in? Plan Rtw,iew and 1 .n~'peefion Rerviee~. Pre-blast in~-m~efion~ are required for sla'uetures if one of the followin~e eondifion~ have bet-n satisfied: The calculated sealed d|~anee ot'the ~rueture is 150 feet or less from the pendln? blast_ a~ determined bY u~in? the followin_e formula: Scaled Distance - D. W1/2 This ratio is u~ed to .mediet ~t, round vibration~ and is e~.ual to the di~'tanee 'D" from the blast to the point of' concern divided by_ the ~u_ ~re root of the charge W~ht "'0~ in ~und~ ofe~plo~ive~ ~ dela~ For all ~ ofhla, Mn? ;hall be req. ulred w~hin 300 fee~ ofbla~tin_e perlmete.~_ Pr~-bl~t inmeetion~ shall be conducted by an ind~endem ~utlve. ~e p~-bl~ ~ i~on shall eon~ c f eoml~e dm~tn6~ of ~1 ~ihle int~or ~d ~t~or def~ oh~ at ~e ~. ~e in.on d~tntlon ~ p~ on 8 % x I I m 8 % x 14 shes1 ofp~. ~ ~le of ~e in~ti~ mu~ ~ indle=t~ on ~e d~lation ~t~ ~or ~nr 35 ~ phmo~hs of~e ~ and ~~e~ ~nntnlwln~ defoe mu~ be id~fifinhle ~ m the l~i~ ~d date ~ A li~ cf all pre-bla_~t surv _eys ~hntl be reeelved by Plan Review and In .~,~ion prior to the plarmed indieatlne the fftree~ and strue~ involved shall be submirte to~eether with this 3.4.7.1.4. 11/1[/97 pa~ 26 DEC 0 2 1997 the cnmrneneemen~ ot'~he inhi~! bl~t_ ~Otificntln~ ~h~11 be d~stHbuted to ~I1 emaerfies cm~sinine within · mdlus c~le~1~ted for · ~c~led di~r.~e of ISO t~lre pl~. ils effect e~ the ~d~ fhe4~ mhilltv to ebt~n · ~ bl~t ~ ~ haw to ~-..q~.~t the ~ or him or her _tepmse~tsfive wi~h ~ bl~ ml~ ~Is~ ~ el~_ to ~e a~il~hi~ ~d ~dt d~ to o~ %~I~ ~. Sec. 3.4.10. lssumnce. 3.4.10.1.2. Comprchcnslve h, cncral li~ility (including, but not limited to cxplosive hizard, collapse h~, undcri~mnd property damage, c~tr~t~l liability) bodily injury, pcr,,onal injury: each ocourret~e and ar, g~'~, property danutgc S 1.O(X).O0000 each occmTence and Sec. 3.4.13. Restrictions for the use and handling of eq)loslvts. 3.4.13.5. 3.4.13.5.1. 11/11/97 DEC 0 g 1997 shall be nnlawful for ~n? .m, tson_ to bl~t G~. d~on~e or use ~v ~o~ o~ ~plosive ~thln ~e t~to~ llmi~ o~ ~e co~ ~thout fi~ ob~ainin~ a bl~lN~ p~it ~ h~fl~ pm~d~ by thi~ s~on: pm~d~ ~at in my ev~t it ~h~l ~ ~I~1 ~or ~ ~on to bl~. fi~. delona~e or use ~y ~mo~t of ~loslv~ whleh ~uld ~lt ~l~n~ ~ p~iele yel~ ~, ~e~ of 0_5 i~h~ ~ s~ond wh~ mem~d on ~e ~d %t ~e ,~ buildin~ or m~ not by ~e ~iMee. or %t % l~6on id~6~M by ~e s~oin~ of~o~ SECTION 3.h: AMENDMENT$ TO DEFINITIONS SECrloN Division 6.3. Definition, of Ordinance 91-102, ~s amende~, the Collier County Land Development Code, is hereby m'nended to r~d ~s follow~: DMSION 6.3. DEFINITIONS Antique xtore~'_ ~slahli~hrn~t, en?a?glt in the relnil s~les of m~ifaett eolleetihles or oh_iect~ having s~ecial wlue because o£~helr age_ _es'm"eiall_v a work of'ntt or handicraft it~rn that is mor~ than 100 year~ old_ or ket?~kes chevi,hed for thor place_ event or fi,ne, Pawn shop~: £st~hli~hment~ which are willin? to provide lonn~ to cusmmer~ in exehan?e for ~men:handise which is _r~_ ieally held Is a pled_~e n_~,~in~ the pa~tmt of the loma en_~aged in the re~! sales of second.hand or used Sign. director.: An on-premise~ sign of Ix'mm~ent chatter indicating the rt~ne of~w~-f~ or more ~ ind~d~t b~ ~i~ ~i~ or ~mt cond~l~ ~ or p~u~ or s~ces off~ u~n ~e p~ ~n w~ch ~h si~ is ~n~ ~s ~ may ~j ~ee-st~ding ~le. monist or ~dL a~in~ or ~11 si~ ~ oth~se ~i~ by thi~ c~e. Such si~ may have c~g~le c~y. (S~ di~ 2.5.) Sign. roof.' Any sign erected~ construc~d, or maintsin~ gibber on the mot'.-e~e~sai4di~ or mor~ than 1 g inehe~ above the mo£ of any huildin~ (Sc~ division 2.5) Sign, wall ~,.fascia .glr.,RgffglR~: A sign affnxed in a rammer to ~ny exterior wgl ofa build~g or s~c~ w~ch is p~llel lo ~ ~j~ ~ ~ ~ 18 ~ ~ ~e ~l~g or s~c~c wall, ~d w~ch do~ not ~l~d :~:v: :~: mm th~ Ig ~ch~ a~ ~ ~f llne of ~ mdn building or ~m ~e ~inl wh~ ~e mfline int~ th~ p~ ~1 on which h ~ is l~at~ wNch~z~ is mo~ ~iy~, ( S~ di~ 2.5) Used merchandise sroreg: Estahlishmemg engaged in the retail saleg of second-hand men:handise typically con~i~dn? of household items includin~ clothin?, home books ~d musical ~mentg_ SECTION FOUR: CONFLICT AND SEVERABILITY la ~e event this Ordinance conflicts with any other Ordinance of Collic~ County and other applicable law, the more restrictive shall apply. I/' any phrase or portion of the Otd~ is held invalid ot unconstitutional by any court of competent jurisdiction, such portion shall be detained a separate, distinct and independent provision and such holding shall not affect the validity of the r, Pa~ 21 t 1/1 W97 NO. ~ DEC 0 1997 SECTION FIVE: INCLUSION IN THE COLLIER COUI~ITY ~ DEVELOPMENT CODE The pmvisiora of this Ordinance shall become snd bc m~dc · pm of the Lind Development Code of Collier County, FloridL Thc sections of thc Ordinanc~ my be rcnumbercd or rclcttercd ~o ~ccomplish such, and the word "ordin,~ace" may be ch~ged to *section', 'article', or my othcr ~ppropris~ word. SECTION SIX: £FFECTIVE DATE This O~iflm3cc ~.all become cffccdv¢ upon filinl w~th the Dcpmmcnt of'State. PASSED AND DULY ADOPTED b)' ~he Board ot' County Commissiou~ of Collier County, Florida, Lhis d~ of ., 199'7. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUICrY, FLORIDA BY: TIMOTHY L HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFI~CY MARJOR~ M. STUDENT ASSISTANT COUNTY' ATTORNEY APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP B. MARCO ISLAND AIRPORT _ LDCD: 4 ,,. [ .~_ APP. ,3, APP, I APPENDIX D - AIRPORT ZONING ZON!NG MAP C. EVERGLADES AIRPORT II LDCD: 5 0 2 1997 APP. D, APP. I COLLIER COUNTY LAND DEVELOPMENT CODE ZONING MAP D. IMMOKALEE AIRPORT LDCD:6 AG~