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Ordinance 2004-01ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLI,IER COUNTY I.AND DEVEI~OPMENT CODE, WlliCII INCI.UDES TIlE COMPREHENSIVE REGUI~ATIONS FOR THE UNINCORPORATED AREA OF COLI.IER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE I.AND DEVEI~OPMENT CODE, MORE SPECIFICAIAN AMENDING TIlE FOIA~OWING: ARTICI,E 2, DIVISION 2.2, ZONING I}ISTRICTS, PERMITTED USES, CONDITIONAI~ USES, DIMENSIONAl, STANDARDS, ADDING THE VANDERBiI~T BEACH RESIDENTIAl, TOURIST OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCi~USION IN THE COIAAER COUNTY LAND DEVEi~OPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and W H EREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10, 2003 and January 7, 2004, and did take action concerning this amendment to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. Page 1 of 11 Words ...... ~. ,u ...... ~ .... deleted, words underlined are added NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ()NE: RECITAI.S The tbrcgoing recitals are true and correct and incorporated by reference herein as it' fully set forth. SECTION TWO: FINDINGS OF FACT The Board ol'County Commissioners of Collier County, Florida, hereby makes thc following findings ot' iktct: 1. Collier County, pursuaut to Sec. ! 63.3161, ct seq., Fla. Stat., thc Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter thc "Act"), is required to prcparc and adopt a Comprchcnsivc Plan. '~ After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1 ). Fla. Stat., mandates that Collier County adopt land development regulations that arc consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of' land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194( 1 ){b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereot; and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be arnended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter thc "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the Page 2 of 11 Words sm:zk tkraug,h. are deleted, words underlined are added objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted thc Collier County Land Dcvclopmcnt Codc, which hccamc cffcctivc on Novcmbcr 13, 1991 and may bc amended twice annually. 1 I. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage thc most appropriate usc of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within thc total unincorporated are of Collier County and il is intended that this Land Development Codc preserve, promotc, protect, and improve thc puhlic health, safcty, comfort, good ordcr, appearance, convcniencc, and general wcll:are of Collier County; prevent the overcrowding of land and avoid the unduc concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conscrvc, develop, utilize, and protect natural resources within thc jurisdiction of Collier County; and protect human, environmental, social, and cconomic resources; and maintain through orderly growth and development, thc character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Sec. 2.2.38,.. Vanderbilt Beach Residential Tourist Overla Zonin District VBRTO 2.2.38.1. Pur ese anti intent. The u ese and intent of this district is to encoura e develo ment and redevelo ment of the Vanderbilt Beach area to be sensitive to the scale eom atibili and sense of lace that exists in the Vanderbiit Beach area. This district is intended to: establish develo ment standards which will rotect view corridors li ht and air movements between the Gulf of Mexico and the Vanderbilt La eon and revent the creation of a can on-like effect on each side of the narrow Gulfshore Drive~. 2.2.38.2. A licabili '. These re,ulations shall a I to the Vanderbiit Beach Residential Tourist Overla District as identified on VBRTO Ma 2.2.38-1 and further identified b the desi,nation "VBRTO" on the a licable official Collier Count zonin, atlas ma s. Exce t as rovided in this ~ection of the code all other uses dimensional and develo ment re nirements shall be as re uired or allowed in thc applicable underlying zoning district. Page 3 of 1 l Words s,~ are deleted, words underlined are added 2.2.38.3 Gco.~raphic I~oumlaric.~: The boundaries or' fl~c Vanderbill Beach Residential Tourist .Overlay District are delineated on Map 2.2.38-1 below. Map 2.2.38-! 2.2.38.4. Figures. The figures { 1-4) used in this section are solely intended to provide a graphic. example of conditions that will protect view corridors, light and air movements between the Gu!.f of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a uide for future develo ment and redevelo ment in the overla district. 2.2.38.5. Development criteria. The following standards shall apply to all uses in this overlay district. 2.2.38.5.1. Permitted uses. 1. Hotels and motels. Multiple-family dwelline, s. Family care facilities, subject to section 2.6.26. 4. Timeshare facilities. 2.2.38.5.2. 1. Uses accesso~T to permitted uses: Uses and structures that are accessory and incidental to the uses permitted as of rieht in the Vanderbilt Beach Residential Tonrist Overlay District (VBRTO). Shops, personal service establishments, eating or drinking establishments, dancing and. staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of thc hotel/motel. Private docks and boathouses, subject to sections 2.6.21. and 2.6.22. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis thcilities, parks, playgrounds and ' playfields. Page 4 of 11 Words '~' 'h ...... h deleted, words underlined are added sm: ......... ~,.. are tttona~, s~,. id~ 2 2.38.5 3. Coral'' '" -- , , ...... :~, ,VBRTO~, subiect to the standards and ~/anderbilt Beach Residential Tourist uvermL Er~ced~tres established in section 2.7.4: 1 ._ Churches and other places of worship: 2. Marinas, subiect to section 2.6.22. 3. Noncommercial boat lat~nching lhcilities, subicct m thc at~t~licable review criteria set ~ lkn'th in s_ cction ~.6.21. 4. Group care t~cilities (category I and 1I}; care units; nursing homes; assisted living t~cilities pursuanl to ~ 400.402 F.S. a~2d ch. 58A-5 F.A.C.; and continuing care retirement comnmnities pursuant sectim~2.6.26. 5. priva~lc clubs. 6. Yacht clubs_. 2.2.38.6. Dimensiomt[ .standardx. The followin, dimensional standards shall a I to all permitted, accessory, an.d_con.d.i_tional uses in the Van~~ist Overla District (¥BRTQ~. 2.2.38.6.1. Minimum lot area. One conti ,uous acre not bisected b a ublic ri ,ht-of-wa . 2.2.38.6.2..^~linimum lot width. 150 feet. 2_..2.38.6.3. I. 2. 3. Mini,turn yard requireme, ts. Front yard: one-half the buildine height with a n~inimum of 30 feet..: Side ards: one-half the buildin hei ht with a minimum of 15 feet. Rear ard: one-half the buildin hei ,hr with a minimum of 30 feet. 2.2.38.6.4. Maximum hei ht: 75 feet. The hei,ht of the buildin will be measured accordin, to the standards in LDC Division 6.3 Definitions: Buihlin actual hei,ht o and Buildin, Zoned height o[. 2.2.38.6.5. Maximum density permitted. A maximum of 26 units per acre for hotels and motels= ~nd 16 units per acre for timeshares, multifamil¥, family care facilities. 2.2.38.6.6. Distance between structures. The minimum horizontal distance se aration between a_ny two principal buildings on the same parcel of land may not be les~tance eualm 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 2.6.2. _2.2.38.6.7. Floor area requirements. 2.2.38.6.7.1. Three hundred 300 s uare foot minimum with a five hundred 500 s uare foot maximum for hotels and motels exce t that twent ercent 20% of the total units ma exceed the maximum. 2.2.38.6.7.2. Timeshare/multifamily minimum area: efficiency {450 square feet}, one bedroom }600 square feet), and two or more bedrooms (750 square feet}. 2.2.38.6.8. Maximum lot area coverage. {Reserved.) 2.2.38.7. Preservation of view corridors, light and air .lol,emettts between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.7.1. Fi,ures I - 4 while not re uirements de ict desired buildin, relationshi s and view iane/an,le of vision exam les. Fi,re'es used in this section are solel intended to rovide a ,fa hic exam le of conditions that will rotcct view corridors Ii ,ht and air movements between the Gulf of Mexico and the Vanderbilt l.a,oon and not as re uirements for the st le of s ecific proiects. Variations from these figures, which nonetheless adhere to the provisions of this sectio~h are permitted. Page 5 of I 1 Words atruck thrc,'agh are deleted, words underlined are added _2.2.38.8. O~[-street parking ami o[{:strs'_~s required in Division 2.3 of this code. .2.2.3_8.9. Landsca~'quirements. As required in Division 2.4 of this code: ~.2.38.10. Signs. As required in Division 2.5 of this code. ~ 9 ~b~11 (~m~,t;~wtion Sctbac~ l. i11~~ As r~t~n D~visit~n 3.1~ of this * ¢ ' I ¢ Po~'14)i~'a~'tcr Rccen't'rv ..Dui Rt'con.~trltct(°u ~Ilanelgcnlcnt._As [c~uircd in l~ivision 2.2.38212 ...... · ~ .... X 17 ol'll....~is code. 2.2.38.13. VestedRi hts. All ro'ectswithintheOverla Dis~ictforwhichcom leted ~¢lica~ion~ tBr rezoni~g, conditional use, variance, subdivi~~ ment lan or lat ~¢roval were filed with~roved by Collier County Prior lo the adoption date of the moratorium January 9, 2002, and subseauent amendments to LDC Section 2.2.36, shall be subiecA to the z~nine r~g¢lations for this Residential Tourist Zoning District in el%ct at the time th~ application was deemed to be complete or at the time the application was approved and m' not subiect to th~.~m~erbilt Beach Cesidenlial Tourist Zoning Overlay regulations. For pu¢oses of this pr0visim~, t!~e term "c ~pleted ap¢lication shall nDean any a~lication which l!as been deemed suf¢~lannin~ services staff gBd has been assigned~n application r~uest 0umber. Page 6 of 1 I Words s~ are deleted, words underline,d_ are added LDC Section 2.2.38.7.1 FIGURE- 1 Page 7 of 11 Words ~ are deleted, words underlined, are added LDC Section 2 2.38 7.1 FIGURE - 2 Page 8 of 11 Words s~ are deleted, words underlined are added LDC Section 2.2.38.7.1 V.P. :- ViE'~ PLANE OR ANClfl OF VISION FIGURE - 3 Page 9 of 1 i Words s~ are deleted, words underlined are added LDC Section 2.2.38.7.1 ,I ViEW UNi)t: %IRABL.~ PLANE OR ANG~E OF- VISION FIGURE - 4 Page IOofll Words ~ are deleted, words 9nderlined_ are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier COunty or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER cOUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Cc:aiAy, Florida, this ~ day of ~./2/af~, 2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS By ',,. Approve&~. .' ."~:: ~ ~. ~ite Assistant County Attorney BOARD OF cOUNTY OF COLLIER COUNTY, FLORIDA TOIV~~ This ordinance fi!ed with thc: Secretary of Stole's Office and acknowledgement of that filing received this ~ d y of B Page 11 ofll Words s~ are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier county, Florida, do hereby certi£y that the foregoing is a true copy ORDINANCE NO. 2004-01 Which was adopted by the Board of County Commissioners on the 7th day of January, 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day Of January, 2004. DWIGHT E. Clerk of C6~'~V~9,d OI~rk Ex-o~c~o co =t ~.: ~ ~,'" By: Linda A. Deputy ~Clerk