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Backup Documents 05/14/2013 Item #17DCOLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: 170 x Originating Dept/ Div: Growth Management Division Person: Caroline Cilek Date: Tuesday, April 16, 2013 Petition No. (If none, give brief description): N/A Petitioner: (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before CCPC BCC BZA Other: Requested Hearing date: May 12013 (Based on advertisement appearing 5 + days before hearing.)Legal Ad to run on: Wednesday, May 1, 2013 (NOTICE TO RU NO LATER THAN Friday, May 3, 2013) Newspaper(s) to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (include Title of the Ordinance /Resolution (or just write in see attached document), legal description, common location & size): Please see attached legal ad. Please publish the following public notice, for a Display ad, '/4 page, in your edition on Wednesday, May 1, 2013. The advertisement must '/4 page, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes X No If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131 - 138909- 634999; Purchase Order Number: 4500140284; Account Number: 068779 P.O.# 4500140284 Reviewed by: - /-/a Divisio dministrator or Designee Date List Attachments: Draft ordinance is attached. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE LY- Date Received: - j;J—[ Date of Public hearing: S-1 14-kS Date Advertised: 3 17D Ann P. Jennejohn From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Wednesday, April 17, 2013 11:07 AM To: Minutes and Records Cc: Ashton, Heidi; Rodriguez, Wanda; Wells, Laura; Neet, Virginia Subject: Legal Ad - LDC amendment for 5/14/13 BCC hearing Attachments: DRAFT ORDINANCE - 2013 out of cycle-amend subsection 5.05.08 C & F.pdf; Advertising Request - signed 041613.pdf, BCC Legal Ad for May 14 (041613).docx Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239- 252 -2485 Unde£ ` r <'z _Waif Law, Crr lii cauld, e' -s,.5 a eF ',m 1 it record's, If You d1) nc)4 'c'Jant. Y") maH address rv^ E as<a d in 'esp: ? Seto a r, t_' ?3?IS ''.cords, iC..i.1£,:?:, do nolsemi trail to INS en(it lsf,""ad, corn to t INS :5,663 by tole ho _-. or 41 v, to irag. 1 170 Ann P. Jennejohn From: RodhguezVVanda<VVandaRodhguez@cnUi oxnet^ Sent: Wednesday, April llZOl3l1:18AK4 To: Ci|ek[ano|ine; Minutes and Records Cc: Ashton' Heidi; Wells, Laura; Neet'Vi»ginia Subject: RE: Legal Ad - LDC amendment for 5/14/13 BCC hearing The title language is the same as that drafted by this office, and the ad request otherwise conforms to the requirements of LDC section 10.03.05.A. OK to proceed. 11,'ond�i z, -ALP jld�ooccu[ �� [ Of -ice of [nuah/�q��on« y (e�g)252-8400 Fromm:(]lekCandine Sent: Wednesday, April 17,2O13 11:07 AM To: Minutes and Records Cc: AshtonHeidi; RodriguezVVanda; VVaUsLaura; NeetVirginia Subject: Legal Ad - LDC amendment for 5/14/13 BCC hearing Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thanks! Caroline Caroline COe4K4.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL34104 Phone: 239-252-2485 �ddress mal��"J'sedm'e-spor�se toapubHc������� a|e�nnm'noxmmiseni4, conactm/x uvw|epxnnenrmwn|/ng 17D April 16, 2013 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice, for a Display ad, ' /< page, in your edition on Wednesday, May 1._2013. The advertisement must 1/4 page, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication of each advertisement to the Collier County Growth Management Division, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek May 14, 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, May 14, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FAQADE REQUIREMENTS FOR THE "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. 17D Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Georgia A. Hiller, ESQ., Chairwoman 17D ORDINANCE NO. 13 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FACADE REQUIREMENTS FOR THE "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. Recitals 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 was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; 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 Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is the first amendment for the calendar year 2013; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on the date noted herein, and did take action concerning this amendment to the LDC; and Pagel of 5 Words st-aek dwexgh are deleted, words underlined are added 17D 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, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 at seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08, Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards t C. Building design standards. 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on -site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Facades standards. All facades must meet the requirements of 5.05.08.C.5, Project standards. i. Primary fagades. All exterior fagades of freestanding structures, including structures located on outparcels, are considered primary fagades; and must meet the requirements of this sSection with respect to the architectural design treatment for primary fagades - sSection 5.05.08 C.2. PFimaFy fagade standaF&. except for those facades considered secondary facades. ii. Secondary facades. One facade of a freestanding structure, including structures located on outparcels, that is internal to the site and that does not abut or face public or private streets adjacent to the development. Outparcels and freestanding buildings are allowed one secondary facade. Page 2 of 5 Words stmelchesgl► are deleted, words underlined are added 17D C. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter - connection between adjacent outparcels or freestanding sites and the primary structure. d. Primary fagade standards. The following design features are in addition to the list of requirement options to meet sSection 5.05.08 C.2. Primary fagade standards: L Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60-04 eo rcent of the length of the associated fagade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. ii. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this Ssection as approved by the County Manager or his designee. 1. Review and approval procedure. Upon request by the applicant, the County Manager or his designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Ssection 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re- review and approval by the County Manager or his designee. 2. Review criteria. In approving an alternative plan, the County Manager or his designee must find that the proposed alternative plan accomplishes the purpose and intent of this Ssection in the same manner as the provisions would. If the plan is approved through this provision, the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval. 3. Submittal requirements. In addition to the base submittal requirements, applicants must provide the following: a. Architectural design plan and/or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan ". This plan must identify the section numbers from this Ssection from which the deviation is being requested. b. A narrative statement that specifically identifies all standards of Ssection 5.05.08 from which the deviations are requested, and the justification for the request. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Ssection, without specifically complying with those standards identified. 4. Applicability. a. The following types of buildings and uses qualify for an administrative determination of deviations from Ssection 5.05.08: development standards: Page 3 of 5 Words suuok #wee are deleted, words underlined are added 17D i. Assembly, ii. Educational, iii. Institutional, iv. Mixed use buildings (such as commercial/residential /office), and V. Any other non - commercial building, or use, that is not listed under Ssection 5.05.08 D. Design standards for specific building types of this Ssection, and due to its function, has speck requirements making meeting Ssection 5.05.08-. standards unfeasible. vi. Buildings located on property with a commercial zoning designation when submitted for Site Development Plan review on OF aft8F NeveMbSF 10, , except for the following: Mb) Buildings with a gross building area of 10,000 square feet or more on the ground floor. MG) Multi -story buildings with a total gross building area of 20,000 square feet or more. Project sites with more than one building where the aggregate gross building area is 20,000 square feet or more. Individual buildings within a project site that have been previously granted deviations where additional development causes an aggregation of building area 20,000 square feet or greater, must bring existing buildings up to the requirements of 5.05.08. SECTION TWO: 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 Section not affect the validity of the remaining portion. SECTION THREE: 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 re- lettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. Page 4 of 5 Words stmskcweu& are deleted, words underlined are added 170 SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: v4f 16- Heidi Ashton - Cicko, Esquire Managing Assistant County Attorney 04 -0M0- 01077/1043 By: GEORGIA A. HILLER, ESQ., Chairwoman Page 5 of 5 Words stmeic &etegl} are deleted, words underlined are added 17D Acct #068779 April 17, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34112 Re: LDC Amendments Display Notice Dear Legals: Please advertise the above referenced notice on Wednesday, May 1, 2013, and send the Affidavit of Publication, in Triplicate, together with charges involved, to this office. Thank. you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500140284 17D April 17, 2013 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice as a Display ad, 1/a page, in your Wednesday, May 1, 2013 edition. The advertisement must 1/4 page, and the headline in the notice must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please furnish proof of publication to the Minutes and Records Office, 3299 Tamiami Trail East, Suite 401, Naples, Florida, 34112. 17D May 14, 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby liven that on Tuesday, May 14, 2013, in the Board of County Commissioners Meeting Room, 3r Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FACADE REQUIREMENTS FOR THE "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 17D If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Georgia A. Hiller, ESQ., Chairwoman DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) 17D Ann P. Jennejohn To: legals @naplesnews.com Subject: LDC Amendments Notice (Display) Attachments: LDC Amendments (BCC 5- 14- 13).doc; LDC Amendments(BCC 5- 14- 13).doc Please advertise the attached (Display) Notice on Wednesday, May 1, 2013. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Ann P. Jennejohn 17D From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, April 19, 2013 4:22 PM To: Ann P. Jennejohn Subject: #231195025 - Ad Proof Attachments: NDN231195025[1].BCC.Zoning Proof.050113.pdf Ann, Please provide approval ASAP for publication on 05.01.13. THANKS! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora(cilnapiesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE May 14, 2013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Tuesday, May 14, 2013, in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FACADE REQUIREMENTS FOR THE "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples, one week prior to the scheduled hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Board of County Commissioners Collier County, Florida Georgia A. Hiller, ESQ., Chairwoman DWIGHT E. BROCK, CLERK By: Ann Jennejohn Deputy Clerk (SEAL) No 231195025 May 1. 2013 rt ■� 17D Ann P. Jennejohn From: CilekCaroline <CarolineCilek @colliergov.net> Sent: Monday, April 22, 2013 8:41 AM To: Neet, Virginia; Rodriguez, Wanda Cc: Ann P. Jennejohn Subject: RE: #231195025 - Ad Proof Great. Ann, it is ready to go. Thanks, Caroline Caroline Cilek, M.S. Senior Planner Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239 -252 -2485 From: NeetVirginia Sent: Monday, April 22, 2013 8:37 AM To: RodriguezWanda; CilekCaroline Cc: Ann P. Jennejohn Subject: RE: #231195025 - Ad Proof As long as the title is correct, the ad is good. Dinny From: RodriguezWanda Sent: Monday, April 22, 2013 8:36 AM To: CilekCaroline Cc: Ann P. Jennejohn; NeetVirginia Subject: RE: #231195025 - Ad Proof 11�ca:aa��cr `1Zocfri�zce�, .ACT ,�ldvtt:racerCCert fiecf P�zral2�al Offrce q fhe Cou,nLy -Attorney (239) 252 -8400 From: CilekCaroline Sent: Monday, April 22, 2013 8:33 AM To: Ann P. Jennejohn; NeetVirginia; RodriguezWanda Subject: RE: #231195025 - Ad Proof 1 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publicati State of Florida Counties of Collier and Lee Before the undersigned they serve as t] appeared Amy Davidson, who on oath Inside Sales Supervisor of the Naples newspaper published at Naples, in G distributed in Collier and Lee counties attached copy of the advertising, bein PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper time on May 1, 2013. Affiant further says that the said Na published at Naples, in said Collier Co newspaper has heretofore been contin County, Florida; distributed in Collier, each day and has been entered as seco office in Naples, in said Collier Count year next preceding the first publicati advertisement; and affiant further says promised any person, firm or corporati commission or refund for the purpose publicatio in the said newspaper. CZ (Signature of Affiant) M14, 2413 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE'OI*'`LAND DEVELOPMENT` CODE CHANGE Notice is hereby given that on Tuesday, May 14, 2013, in the Board of County Commissioners 'Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Board of County Commissioners will consider amendments to the Collier County Land Development Code. The meeting will commenoWat 9100 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTYCOMMISSIONERS OF COLLIER COUNTY; FLORIDA, ,AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT -CODE, WHICH INCLUDES , THE COMPREHENSIVE LAND REGULATIONS'FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05NBARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FAOADE REQUIREMENTS FOR. THE, "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL.'COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERA kvey; SECTION THREE, INCLUMON IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Growth Management Division, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5 :00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East, Naples,-one week prior to the scheduled hearing. If a person decides to appoal any decision,, made; by the Collier County Board of: Couniy Commissioners with respect to any matter considered at' such- meeting or, hearing, he>Atill need a record of!he'procee0j.ng8lAnd: for such purpose he may need to ensure that'a verbatim. record of the proceedings" is made, which record includes the testimony. and evidence upon which the appeal is to Lie based. If you; I are ,AI! erson with .a disability who,` needs any accommodation in order to arti paipatel.hi this ,proceeding, ,you are entitled, at no cost to you, to the provision of certain abSlstance. Please contact the Collier County Facilities Management department; 40335 Tamiami Trail East, Suite 101.44' aples, FL 34112 -5356, (239) 252 - 8380, a# leaet;twpo<days prior to the meeting. Assisfed Listening devices for the hearing impaired "are available in the Board of County Commissioner's Office. Collier Courfty Board of County Commissioners Collier County, Florida Georgia A. Hiller, ESQ., Chairwoman DWIGHT E. BROCK, CLERK By: Ann Jenne]ohn Swop to and subscrib d b ore me Deputy Clerk (SEAL) T 8th day of Ma 013. ' No.2st19502s May 1. 2013 (Signature of notary public) CARO;- EXPIRES: Novembe' 2 2014 d insurance Ag my ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 170 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Caroline Cilek Ops and Reg. Mgmt 'Gar 5/14/13 2. Heidi Ashton Cicko c/o Gail Bonham County Attorney Office Or _ 3. BCC Office Board of County Commissioners }� h, UA /S 5/0 I / S 4. Minutes and Records Clerk of Court's Office -' I Attached 5. Documents Attached PO number or account PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Caroline Cilek Phone Number 252 -2485 Contact / Department avivropriat e. (Initial) Applicable) Agenda Date Item was May 14, 2013 Agenda Item Number 17.13 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, 'cz°c Type of Document LDC amendment and ordinance Number of Original -' I Attached 2-01-S-22- Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed -ca-c number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's `cz'c INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avivropriat e. (Initial) Applicable) 1. Does the document require the chairman's original signature? _Cal; 2. Does the document need to be sent to another agency for additional signatures? If yes, 'cz°c provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed -ca-c by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's `cz'c Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the 'Gar document or the final negotiated contract date whichever is applicable 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's 'ce7lc signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/14/13 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the F Chairman's si nature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 TO '�� ORDINANCE NO. 13 - 32 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE PRIMARY FACADE REQUIREMENTS FOR THE "BACK" OF THE BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY; SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE. Recitals 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 was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04 -41, which repealed and superseded Ordinance No. 91 -102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; 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 Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is the first amendment for the calendar year 2013; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97 -177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97 -177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on the date noted herein, and did take action concerning this amendment to the LDC; and Page 1 of 5 Words sttusli dwough are deleted, words underlined are added !7D k, " 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, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS Section 5.05.08, Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * * C. Building design standards. * * * * * * * * * * * * * 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on -site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Facades standards. All facades must meet the requirements of 5.05.08.C.5, Protect standards. i. Primary facades. All exterior fagades of freestanding structures, including structures located on outparcels, are considered primary fagades; and must meet the requirements of this sSection with respect to the architectural design treatment for primary fagades - sSection 5.05.08 C.2. , except for those facades considered secondary facades. ii. Secondary facades. One facade of a freestanding structure, including structures located on outparcels, that is internal to the site and that does not abut or face public or private streets adjacent to the development. Outparcels and freestanding buildings are allowed one secondary facade. Page 2 of 5 Words struck thfeu are deleted, words underlined are added 17D 1.4 C. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter - connection between adjacent outparcels or freestanding sites and the primary structure. d. Primary fagade standards. The following design features are in addition to the list of requirement options to meet sSection 5.05.08 C.2. Primary facade standards: i. Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60% percent of the length of the associated fagade. The courtyard may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. ii. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this Ssection as approved by the County Manager or #is designee. 1. Review and approval procedure. Upon request by the applicant, the County Manager or Isis designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Ssection 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re- review and approval by the County Manager or ie designee. 2. Review criteria. In approving an alternative plan, the County Manager or Ns designee must find that the proposed alternative plan accomplishes the purpose and intent of this Ssection in the same manner as the provisions would. If the plan is approved through this provision, the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval. 3. Submittal requirements. In addition to the base submittal requirements, applicants must provide the following: a. Architectural design plan and /or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan ". This plan must identify the section numbers from this Ssection from which the deviation is being requested. b. A narrative statement that specifically identifies all standards of Ssection 5.05.08 from which the deviations are requested, and the justification for the request. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Ssection, without specifically complying with those standards identified. 4. Applicability. a. The following types of buildings and uses qualify for an administrative determination of deviations from Ssection 5.05.08- development standards: Page 3 of 5 Words stmek through are deleted, words underlined are added 17D i. Assembly, ii. Educational, iii. Institutional, iv. Mixed use buildings (such as commercial /residential /office), and V. Any other non - commercial building, or use, that is not listed under section 5.05.08 D. Design standards for specific building types of this section, and due to its function, has specific requirements making meeting Ssection 5.05.08- standards unfeasible. vi. Buildings located on property with a commercial zoning designation when submitted for Site Development Plan review sty er after Neyemher 111 2004 except for the following: attaGhed multiple OF iRdividual) buildings 19Gated OR n eY u ` r}y with n�Dznninn designation, eF mF 14i�c ' GGFRFnen development a1b) Buildings with a gross building area of 10,000 square feet or more on the ground floor. 2JG) Multi -story buildings with a total gross building area of 20,000 square feet or more. 14) Project sites with more than one building where the aggregate gross building area is 20,000 square feet or more. Individual buildings within a project site that have been previously granted deviations where additional development causes an aggregation of building area 20,000 square feet or greater, must bring existing buildings up to the requirements of 5.05.08. SECTION TWO: 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 Section not affect the validity of the remaining portion. SECTION THREE: 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 re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 4 of 5 Words stpaek thfough are deleted, words underlined are added 17D SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 14k4fk, day of 12013. ATTEST: DWIGHT E. BROCK, CLERK - ;a4 By: AXA`-. Attestas tohaitma D p ty, signature,on�y. Approved 'at tojfgrrhi and legal sufficiency: H idi Ashton - Cicko, Esquire Managing Assistant County Attorney 04-CMD-0 1077/1043 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, 17LORIDA 0 G Page 5 of 5 LtK, tail., unairwoman Words struck *t"f^ugh are deleted, words underlined are added rs. 17p Z. ,I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -32 which was adopted by the Board of County Commissioners on the 14th day of May, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of May, 2013. DWIGHT E. BROCK Clerk of Courts a1'iFc•la�G tiir' a � 'YID Ex- officio to, �a' t f County Commissi'o =y *1 , By: Martha Verga a•,' " Deputy Clerk -