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Backup Documents 06/25/2019 Item #17D June 25, 2019 1 7 0 LDCA-PL20180003486 Permanent Emergency Generators COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Jeremy Frantz Planner Date:May 29,2019 Petition No.(If none,give a brief description): PL20180003486 Petitioner:(Name&Address): Name&Address of any person(s)to be notified by the Clerk's office (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date- Collier County Board of County Commissioners(BCC)at 9:00 A.M.,June 25,2019. (Based on advertisement appearing 20 days before hearing Newspaper(s)to be used (Complete only if important). xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500182060 Proposed text:(include legal description&common locations&size. Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: 5/73Y/ftl iv ion Administrator or Designee List Attachments: 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 documents 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 Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received ..5 "-// Date of Public Hearing_1424___Date Advertised ((I / S „_. I 7 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 25, 2019, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.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, TO ADD STANDARDS AND REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS, 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: CHAPTER FOUR—SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS;CHAPTER FIVE—SUPPLEMENTAL STANDARDS,ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20180003486] A copy of the proposed Ordinance is on tile with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may he allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 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 Division, located 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 Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By esthatncia Morgan Deputy Clerk(SEAL) 1 7 ORDINANCE NO. 19 — 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, TO ADD STANDARDS AND REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS, 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: CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20180003486] 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, 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 Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16, Page 1 of 8 Wordsstruckgh are deleted,words underlined are added DRAFT 5/29/19 170 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on June _, 2019, and did take action concerning these amendments 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, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 etseq.), 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: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., 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. Page 2 of 8 Words struck through are deleted,words underlined are added J. 7 0 DRAFT 5/29/19 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., 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 shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier Page 3 of 8 Words strut' throughh are deleted,words underlined are added 1713 DRAFT 5/29/19 County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * k X X * Y * K X X * X k SUBSECTION 3.A. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard with a 10- foot rear yard setback. Permanent emergency generators may encroach into side yards up to 36 inches. Generators are not permitted to encroach into required front yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes, weekly once every seven days, during Page 4 of 8 Words ctrucl<through are deleted,words underlined are added 170 DRAFT 5/29/19 the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: 5.03.07 Permanent Emergency Generators A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the aesthetics of mechanical equipment, and protect the public health and safety of homeowners from the risks associated with combustion engines and the entry of carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners who seek shelter at home during periods of electrical power outages. B. Applicability. Permanent emergency generators for single-family and two-family dwellings shall be permitted as an accessory use and located in accordance with LDC section 5.03.07 Table 1. C. Standards and Requirements. 1. Permanent emergency generators shall adhere to all generator manufacturer's locational specifications and applicable federal, state, and local code requirements. The manufacturer's locational specifications shall be concurrently reviewed with the applicable electrical, structural, mechanical, gas piping, and storage tank permits. 2. Submittals. At a minimum, the applicant's site plan shall indicate the location and dimension of the proposed generator, generator exhaust direction and permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all Page 5 of 8 Words struck through are deleted,words underlined are added 17D DRAFT 5/29/19 easements burdening the property, including but not limited to drainage easements, lake maintenance easements, and/or access easements. The site plan shall be provided with the building permit application. The written approval of an easement holder for placement in an easement is required and must be included with the submittal. 3. Location and Distances. Permanent emergency generators may be located in the required front, side and rear yard setback in accordance with the following in Table 1. All distance setback and separation requirements shall be measured from the most restrictive of the generator's enclosure or exhaust outlet and adhere to the following: a. When located underneath the dwelling unit, the exhaust outlet shall be vented outside of the dwelling unit above the roof line. b. Generators may be allowed in the front yard, at a distance no greater than six feet from the dwelling unit in zoning districts with 35 feet front yard setback or greater and shall require a vegetative screen. For corner lots, the generator may be allowed in the front yard which has the longest street frontage utilizing the side yard generator setback standards in Table 1. c. Generators located in the rear yard of a waterfront lot shall require a vegetative screen. Page 6 of 8 Words struckstfuc-k—thfeugh are deleted,words underlined are added 170 DRAFT f 1 :. TABLE 1 Generator Setback and Separation Standards (feet) Principal Structure Setback Generator Distance to Lot Line 5 or less 1 Greater Than 5 and Up To 7.5 2 Side Yard Greater Than 7.5 and Up To 20 4 Greater Than 20 10 10 waterfront Rear Yard 5 non-waterfront Separation Distance to Public and Private Road Right-Of-Way 10 Between Mechanical Air Intake Equipment or Other 10 Generator — Distance from Windows, Soffit Vent, Eaves To the 5 Dwelling, Shrubs and Trees — Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC 3 Compressors and Landscape Plantings 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the generator's exhaust outlet, at least one carbon monoxide detector shall be installed inside the structure near the exterior wall openings and on each floor level. 5. Generator Noise and Testing. Generator noise and routine testing shall be in compliance with LDC section 4.02.1 D.13. 6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC section 6.05.03. D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet from any lot line. Page 7 of 8 Words truck h are deleted,words underlined are added 1 7 DRAFT / " b: SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/ (5/29/19) 18-LDS-00064 Page 8 of 8 Words true are deleted,words underlined are added 1713 Acct #068779 May 29, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20180003486 — Permanent Emergency Generators Dear Legals: Please advertise the above on Wednesday, June 5, 2019, and send the Affidavit of Publication, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500195266 170 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 25,2019, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance.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, TO ADD STANDARDS AND REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS,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: CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER FIVE—SUPPLEMENTAL STANDARDS, ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR,CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX,EFFECTIVE DATE. [PL20180003486J A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, 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 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 Division, located 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 Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WILLIAM L. MCDANIEL,JR., CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 1713 1NOTICE OF PUBLIC HEARIr 'NOTICE OF INTENT TO CONSIDER AN ORDINANCE .Notice is hereby given th public hearing will be hel the Collier County Boari *County Commissioners June 25, 2019, in the Boar -County Commissioners Iv .inq Room, Third Floor, Cc Government Center, Tamiami Trail East, Naple the Board of County Corr sioners (BCC) will consider lenactment of a County ( inance. The meeting will I Imence at 9 :00 A.M . The of the proposed Ordinan as follows: AN ORDINANCE OF BOARD OF COUNTY COM SIONERS OF COLLIER COUI FLORIDA, AMENDING C 'NANCE NUMBER 04-41 , -AMENDED, THE COL .COUNTY LAND DEVE .MENT CODE, WHICH CLUDES THE COIV1PREHEN LAND REGULATIONS FOR 'UNINCORPORATED AREA 3 I 7 0 -INGS, BY PROVIDING _dressed . Individual sêc ONE, RECITALS; will be limited to 3 mir _TION TWO, FINDINGS on any item. The selectic FACT; SECTION THREE, Arany individual to speak or -TION OF AMENDMENTS1half of an organizatior -THE LAND D EVE LOPEV7c) rou p is encouraged . If -CODE, MORE SPECIFICi _ognized by the Chairma -AMENDING THE FOLLOW spokesperson for a grou _CHAPTER FOUR — SITE DE:organization may be allc AND DEVELOPMENT STi - 10 minutes to speak or ARDS, INCLUDING SEC -item. -4.02.01 DIMENSIONAL ST4 - -ARDS FOR PRINCIPAL USE Persons wishing to have -BASE ZONING DISTRIften or graphic material! _CHAPTER FIVE — SUPPLEN -cluded in the Board acp TAL STANDARDS, ADE -packets must submit said -SECTION 5 .03.07 PERMAN -terial a minimum of 3 viv -EMERGENCY GENERAT -prior to the respective p -SECTION FOUR, CONF _hearing. In any case, wr -AND SEVERABILITY; SEC materials intended to be _FIVE, INCLUSION IN THE 1sidered by the Board sha LIER COUNTY LAND DEVE -submitted to the approp MENT CODE; AND SEC -County staff a minimum -SIX, EFFECTIVE D -seven days prior to the p -{PL20180003486] _hearing. All materials USE presentations- before _A copy of the proposed ( Board will become a pe nance is on file with the ( -nent part of the record . to the Board and is avail -for inspection. All intere -Any person who decide -parties are invited to at appeal any decision of -and be heard . Board will need a recor 4 upon which the appea 1 7 based . If you are a person with a ability who needs any ac( modation in order to pa pate in this proceeding, are entitled, at no cost to to the provision of certair sistance. Please contact Collier County Facilities agement Division, locate' 3335 Tamiami Trail East, 5 101, Naples, FL 34112-5 (239) 252-8380, at least days prior to the meeting . sisted listening devices for hearing impaired are av ble in the Board of Co Commissioners Office . BOARD OF COUNTY COM SIONERS COLLIER COUNTY, FLORID. WILLIAM L. MCDANIEL, CHAIRMAN Martha Vergara Senior Deputy Clerk co: ontit,4 Office: 239-252-7240 Fax: 239-252-8408 t E-mail: martha.yergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County ,f4d. vov 'INt cot wr, 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com 5 170 Martha S. Vergara From: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> Sent: Friday, May 31, 2019 10:12 AM To: CasanovaAlexandra; Martha S. Vergara; NeetVirginia; BosiMichael Cc: SmithCamden Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today Approved. Respectfully, Jeremy Frantz, AICP Land Development Code Manager From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Friday, May 31, 2019 9:47 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov> Cc:SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today Good morning all, Per Camden's review of this ad proof it appears that this ad proof was most likely done with an apple computer and was embedded instead of being attached.This is how the actual ad will appear in the paper.Jeremy if you can review and would like to approve the ad in this format so that there is no delay, while we wait for the PDF version, please review and reply approve or provide signature for ad. Respectfully, litexeutdr4 e4d4114u i Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone: 239-252-2658 Alexandra.Casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. itCO ier County Exceeding Expectations From: Martha S.Vergara <Martha.VergaraPcollierclerk.com> Sent:Thursday, May 30, 2019 4:49 PM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; NeetVirginia <Virginia_Meet@colliercoun.ytgoy>; BosiMichael <Michael.Bosi2colliercountvfl,gov> Subject: LDCA(Permanent Emergency Generators)Ad proof as sent at 4:38 pm today 1 170 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, May 31, 2019 10:16 AM To: Minutes and Records Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today From: FrantzJeremy Sent: Friday, May 31, 2019 10:12 AM To: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>; Martha S.Vergara <Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov> Cc: SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: LDCA(Permanent Emergency Generators)Ad proof as sent at 4:38 pm today Approved. Respectfully, Jeremy Frantz, AICP Land Development Code Manager From: CasanovaAlexandra <Alexandra.Casanova@colliercountvfl.gov> Sent: Friday, May 31, 2019 9:47 AM To: Martha S.Vergara <Martha.Vergara@collierclerk.com>; NeetVirginia <Virginia.Neet@colliercountvfl.gov>; BosiMichael<Michael.Bosi@colliercountyfl.gov>; FrantzJeremy<Jeremy.Frantz@colliercountyfl.gov> Cc:SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: RE: LDCA(Permanent Emergency Generators) Ad proof as sent at 4:38 pm today Good morning all, Per Camden's review of this ad proof it appears that this ad proof was most likely done with an apple computer and was embedded instead of being attached.This is how the actual ad will appear in the paper.Jeremy if you can review and would like to approve the ad in this format so that there is no delay, while we wait for the PDF version, please review and reply approve or provide signature for ad. Respectfully,,4 //�� a LA�La e4detwoua Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone: 239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Co -ter oulity 1 1 7 Martha S. Vergara From: NeetVirginia <Virginia.Neet@colliercountyfl.gov> Sent: Friday, May 31, 2019 11:15 AM To: Minutes and Records Cc: Ann P. Jennejohn; RodriguezWanda; CasanovaAlexandra Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today Ann: See below. Thank you!! Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do riot send electronic mail to this entity.Instead,contact this office by telephone or in writing. From:AshtonHeidi Sent: Friday, May 31, 2019 11:10 AM To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today Approved. 7Tei� fiion-riicko Heidi Ashton-Cicko Managing Assistant County Attorney Office of the Collier County Attorney 2800 North Horseshoe Drive, Suite 301 Naples, FL 34104 (239) 252-8400 From: RodriguezWanda Sent: Friday, May 31, 2019 11:08 AM To:AshtonHeidi<Heidi.Ashton@colliercountyfl.Rov>; NeetVirginia <Virginia.Neet( colliercountvfl.gov> Subject: RE: LDCA (Permanent Emergency Generators) Ad proof as sent at 4:38 pm today The title is complete and correct. 1 17E1 Martha S. Vergara To: GRSC-West-Legals mbx Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators Importance: High Just got word from the county attorney's office this ad proof is approved. But that if the ad runs incorrectly that it will have to be re-run at no cost. So proceed with publishing as requested. Thanks, Martha From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Monday,June 3, 2019 9:01 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators External Message: Please use caution when opening attachments, clicking links, or replying to this message. Our PDFs are not working, the screenshots are the complete proof. We can not provide anything else and that is a valid proof From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Monday,June 3, 2019 7:59 AM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators If I need the County Attorney to call to get the ad proof in a pdf let me know so that can happen ASAP. From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Monday,June 3, 2019 8:56 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators External Message: Please use caution when opening attachments, clicking links, or replying to this message. That is a complete proof. 1 7 0 Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Monday, June 3, 2019 10:46 AM To: Martha S. Vergara Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators External Message: Please use caution when opening attachments, clicking links, or replying to this message. Your notice is set to publish as scheduled. Thanks, Kia Thor Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700, option 4 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday,June 3, 2019 9:35 AM To: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Subject: RE: 3600650- LDCA-PL20180003486 Permanent Emergency Generators Importance: High Just got word from the county attorney's office this ad proof is approved. But that if the ad runs incorrectly that it will have to be re-run at no cost. So proceed with publishing as requested. Thanks, Martha From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.corn> Sent: Monday,June 3, 2019 9:01 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 3600650 - LDCA-PL20180003486 Permanent Emergency Generators External Message: Please use caution when opening attachments, clicking links, or replying to this message. AV Public Notices 1 7,SD. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 25, 2019, in the Board of County Commissioners Meet- ing Room, Third Floor, Collier ,�c-, Government Center, 3299 <Public Notices Tamiami Trail East, Naples FL., terial a minimum of 3 weeks the Board of County Commis- sioners (BCC)will consider the hearing. In any case, written enactment of a County Ordi- materials intended to be con- nance. The meeting will corn- sidered by the Board shall be mence at 9:00 A.M. The title submitted to the appropriate of the proposed Ordinance is County staff a minimum of as follows: seven days prior to the public AN ORDINANCE OF THE hearing. All materials used in Z presentations before the Board BOARD•OF COUNTY COMMIS- willi becomer SIONERS OF COLLIER COUNTY, Bont part o tee record.a perms- m FLORIDA, AMENDING ORDI- Vl NANCE NUMBER 04-41, AS Any person who decides to ei AMENDED, THE COLLIER appeal any decision of the COUNTY LAND DEVELOP-CN Board will need a record of to MENT CODE, WHICH IN- the proceedings Pertaining h CANOES THE COMPREHENSIVEN thereto and therefore, may LAND OEGOLATIONS FOR THE need to ensure that a verbs C COLLIER O COUNTY,NED AREA OF tim record of the proceedings COLLIER AND FLORIDA, is made, which record includes TO ADD STANDARDS AND RE- the testimony and evidence PEENTWT EMERGENCY GENERA- N NTS FOR GENERA- the which the appeal is m based: TORS FOR SINGLE FAMILY r AND TWO FAMILY DWELL- If you are a person with a dis- Z SECTION ONE, RECITALS; SEC-INCI BY PROVIDING FOR: ability who needs any accom- onin orderto partici- > TION TWO, FINDINGS OF modati FACT; SECTION THREE, ADOP- pate in this proceeding, you -< . TION OF AMENDMENTS TO are entitled, at no cost to you, THE LAND DEVELOPMENT to the provision of certain as- C CODE, MORE SPECIFICALLY sistance. Please contact the Z AMENDING THE FOLLOWING: ' Collier County Facilities Man- m CHAPTER FOUR—SITE DESIGN agement Division, located at N AND DEVELOPMENT STAND- 3335 Tamiami Trail East, Suite w ARDS, INCLUDING SECTION 101, Naples, FL 34112-5356, o 4.02.01 DIMENSIONAL STAND- (239) 252-8380, at least two 1 m ARDS FOR PRINCIPAL USES IN days prior to the meeting. As- BASE ZONING DISTRICTS; sisted listening devices for the ma CHAPTER FIVE — SUPPLEMEN- hearing impaired are availa- p TAL STANDARDS, ADDING ble in the Board of County w SECTION 5.03.07 PERMANENT Commissioners Office. 0 EMERGENCY GENERATORS;SECTION FOUR, CONFLICT BOARD OF COUNTY COMMIS- IGNRS AND SEVERABILITY; SECTION COLLIER COUNTY,FLORIDA FIVE, INCLUSION IN THE COL- WILLIAM L. MCDANIEL, JR., LIEN COUNTY LAND DEVELOP- CHAIRMAN MENT CODE; AND SECTION SIX, EFFECTIVE DATE. CRYSTAL K.KINZEL,CLERK [PL20180003486] By: Martha Vergara, Deputy A copy of the proposed Ordi- Clerk nance is on file with the Clerk (SEAL) to the Board and is available June 5,2019 #3600650 for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on be- half of an organization or group is encouraged. If rec- ognized by the Chairman, a spokesperson for a group or organization may be allotted 1 10 minutes to speak on an item. Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- 1 capiii DkIILU \rIUE1 PART OF THE USA TODAY NETWORK Published Daily Naples, FL34110 BCC ZONING DEPARTMEN T 3299 TAMIAMI TRL E 700 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vicky Felty who on oath says that she serves as legal clerk of the Naples Daily News,a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published In said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,or corporation any discount, rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper. June 5,2019 Subscribed and sworn to helot,on June 6,2019: cL .L YYI.uv%.d_A-oc--' Notary,State of WI,County of Brown TARA MONDLOCH NI, Notary Public State of Wisconsin My commission expires August 6,2021 Publication Cost:$511.00 Ad No:0003600650 Customer No:1303809 PO#:4500195266 NOTICE OF PULIC NOTICE OF NTE INTENT TOARING 1 7 ,E) CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on June 25,2019,in the Board of County Commissioners Meet- ing Room,Third Floor,Collier Government Center, 3299 Tamiami Trail East,Naples FL.. the Board of County Commis- sioners(BCC)will consider the enactment of a County Ordi- nance.The meeting will com- mence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONER3JF COLLIERCOUNTY, FLORIDA,AMENDING ORDI- NANCE NUMBER 04-41 AS AMENDED, THE COLLIEF COUNTY LAND DEVELOP MENT CODE, WHICH IN- CLUDESTHE COMPREHENSIVI LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, TO ADD STANDARDSAND RE. QUIREMENTS FOR PERMA- NENT EMERGENCY GENERA TORS FOR SINGLE FAMILY AND TWO FAMILY DWELL- INGS,BY PROVIDING FOR SECTIONONE.RECITALS;SEC TION TWO, FINDINGS OF FACT;SECTIONTHREE,ADOP- TION OF AMENDMENTS TO THE LAND DEVELOPMENI CODE,MORE SPECIFICALL AMENDING THE FOLLOWING: CHAPTERFOUR-SITEDESIGf\ AND DEVELOPMENT STAND- AR DS.INCLUDING SECTIm 4 02 01 DIMENSIONAL STAND- ARDS FOR PRINCIPALUSESIN BASE ZONING DISTRICT CHAPTER FIVE - SUPPLEMEN TAL STANDARDS , ADDING SECTION 5 03 07 PERMANEN1 EMERGENCY GENERATOR SECTION FOUR, CONFLICI AND SEVERABILITY; SECTIm FIVE, INCLUSION IN THE COL- LIER COUNTY LAND DEVELOP MENT CODE; AND SECTIm SIX, EFFECTIVE DATE [PL201800034861 A copy of the proposed Ordi- nance is on file with the Clerk to the Board and is available for inspection All interested parties are invited to attend and be heard NOTE:All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be ad- dressed Individual speakers will be limited to 3 minutes on any item The selection of any individual to speak on be- half of an organization or group is encouraged If rec- ognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item Persons wishing to have writ- ten or graphic materials in- cluded in the Board agenda packets must submit said ma- terial a minimum of 3 weeks prior to the respective public hearing In any case,written materials intended to be con- sidered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing All materials used in oresenlations before the Board will become a perma- 1 7 0 Went part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings peitaining thereto and therefore, may need to ensure that a verba- tim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a dis- ability who needs any accom- modation in order to partici- pate in this proceeding, you are entitled, at no cost to you, to the provision of certain as- sistance. Please contact the Collier County Facilities Man- agement Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356, (239)252-8380,at least two days prior to the meeting.As- sisted listening devices for the hearing impaired are availa- ble in the Board of County Commissioners Office. BOARD OF COUNTY COMMIS- SIONERS COLLIER COUNTY,FLORIDA WILLIAM L.MCDANIEL,JR. CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Martha Ver gara,Deputy Clerk (SEAL) June 5,2019 #3600650 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 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#1 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#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office HFAC 6/25/19 4. BCC Office Board of County Commissioners \ vr/ \71,1\G\ 5. Minutes and Records Clerk of Court's Office W2-12Al4;G$prvi 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 Wanda Rodriguez,ACP Phone Number 252-8123 Contact/ Department Office of the County Attorney Agenda Date Item was 6/25/19 v Agenda Item Number 17D Ve' Approved by the BCC Type of Document Ordinance 2019-!, amending Ord.04-41, Number of Original 1 Attached the Collier Co. Land Development Code Documents Attached (residential perm. emergency generators) PO number or account N/A number if document is C OfL I ,3 to be recorded `1 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 HFAC by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 HFAC 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 HFAC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into Accela. 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 6/25/19 and all changes made during the HFAC meeting have been incorporated in the attached document. The County Attorney's an.op Office has reviewed the changes,if applicable. , li ; 9. Initials of attorney verifying that the attached document is the version approved by the =� is.r,�u BCC,all changes directed by the BCC have been made,and the document is ready for e 1"' ,; or Chairman's signature. 170 MEMORANDUM Date: June 27, 2019 To: Wanda Rodriguez Office of the County Attorney From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2019-13: PL20180003486 (residential perminate emergency generators) Enclosed please find a copy of the resolution (Agenda Item #17D) referenced above, approved by Board of County Commissioners on Tuesday, June 25, 2019. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure 17D Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday,June 27, 2019 8:43 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL Ordinance 2019-0013 Attachments: CLL20190625_Ordinance2019_0013.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER: 2019-0013 Teresa Cannon BMR Senior Clerk II t tit xr ` Office: 239-252-8411 Fax: 239-252-8408 r i �' Teresa.Cannon@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County ,f 3299 Tamiami Trail E, Suite#401 kt,n,,v.‘" Naples, FL 34112-5746 www.CollierClerk.com 1 170 ORDINANCE NO. 19 — 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, TO ADD STANDARDS AND REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS, 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: CHAPTER FOUR — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20180003486] 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, 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 Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16, Page 1 of 8 Wordsstruckgh are deleted,words underlined are added 17D 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on June 25, 2019, and did take action concerning these amendments 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, 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: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., 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. Page 2 of 8 Words struck through are deleted,words underlined are added 170 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., 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 shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier Page 3 of 8 Words struck through are deleted,words underlined are added 170 County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard with a 10- foot rear yard setback. Permanent emergency generators may encroach into side yards up to 36 inches. Generators are not permitted to encroach into required front yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes, weekly once every seven days, during Page 4 of 8 Words struckgh are deleted,words underlined are added 170 the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. X * * * * * X X * of SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: 5.03.07 Permanent Emergency Generators A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the aesthetics of mechanical equipment, and protect the public health and safety of homeowners from the risks associated with combustion engines and the entry of carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners who seek shelter at home during periods of electrical power outages. B. Applicability. Permanent emergency generators for single-family and two-family dwellings shall be permitted as an accessory use and located in accordance with LDC section 5.03.07 Table 1. C. Standards and Requirements. 1. Permanent emergency generators shall adhere to all generator manufacturer's locational specifications and applicable federal, state, and local code requirements. The manufacturer's locational specifications shall be concurrently reviewed with the applicable electrical, structural, mechanical, gas piping, and storage tank permits. 2. Submittals. At a minimum, the applicant's site plan shall indicate the location and dimension of the proposed generator, generator exhaust direction and permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all Page 5 of 8 Words struck through are deleted,words underlined are added 17D easements burdening the property, including but not limited to drainage easements, lake maintenance easements, and/or access easements. The site plan shall be provided with the building permit application. The written approval of an easement holder for placement in an easement is required and must be included with the submittal. 3. Location and Distances. Permanent emergency generators may be located in the required front, side and rear yard setback in accordance with the following in Table 1. All distance setback and separation requirements shall be measured from the most restrictive of the generator's enclosure or exhaust outlet and adhere to the following: a. When located underneath the dwelling unit, the exhaust outlet shall be vented outside of the dwelling unit above the roof line. b. Generators may be allowed in the front yard, at a distance no greater than six feet from the dwelling unit in zoning districts with 35 feet front yard setback or greater and shall require a vegetative screen. For corner lots, the generator may be allowed in the front yard which has the longest street frontage utilizing the side yard generator setback standards in Table 1. c. Generators located in the rear yard of a waterfront lot shall require a vegetative screen. Page 6 of 8 Words struck through are deleted,words underlined are added 170 TABLE 1 Generator Setback and Separation Standards (feet) Principal Structure Setback Generator Distance to Lot Line 5 or less 1 Greater Than 5 and Up To 7.5 2 Side Yard Greater Than 7.5 and Up To 20 4 Greater Than 20 10 10 waterfront Rear Yard 5 non-waterfront Separation Distance to Public and Private Road Right-Of-Way 10 Between Mechanical Air Intake Equipment or Other 10 Generator — Distance from Windows, Soffit Vent, Eaves To the 5 Dwelling, Shrubs and Trees — Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC 3 Compressors and Landscape Plantings 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the generator's exhaust outlet, at least one carbon monoxide detector shall be installed inside the structure near the exterior wall openings and on each floor level. 5. Generator Noise and Testing. Generator noise and routine testing shall be in compliance with LDC section 4.02.1 D.13. 6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC section 6.05.03. D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet from any lot line. Page 7 of 8 Words struck through are deleted,words underlined are added 170 SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25th day of June, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA 7)* . • '`/VEL12 By: • !._:-4 ,4-t4e--*/ Attest as to Chairm dvuty Clerk W f LIAM L. MCDANIEL, JR.; Chairman ^inn3ture only. Approved as to form and legality: This ordinance filed with the � r'; � i l Secretary of $.ate's Office the Heidi F. Ashton-Cicko ( 1 day of Managing Assistant County Attorney end rckno.Y' drei,�,=tit �f t";at firn_g_received this al dry+,( 04-CMD-01077/1810(6/25/19) of �+ 18-LDS-00064 Clerk Page 8 of 8 Words struck through are deleted, words underlined are added „,.',ii, „i, 1 7 D j Ljii **,,.:Itit FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State June 27, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-13, which was filed in this office on June 27, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us D �m,, CU 0 A 171] GC -< Or CD cU -< O m CD = O = c-- 0 Q0 '- r ii = C -< o 5 2z c. CO N. D auK � o o CD 00 m c-75z mp zn \ � z rn S u O --i ° z 11- . --+ p c o r rn2 0 • m O Z xi W CJI D rn m c'w - 1 r 0 m -I D X) O 0 C.400 o D =Im Darn Z --T, Zoo oCC 73 Cr3 = a m � o ; Q oT mo oo c on 170 � o CO m -'m 7 ox y e-l. 0 7 - Ozzm - 3 Cc0CD N -1 cn ;p m .-' 4. 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