Ordinance 95-31 ORDINANCE NO. 95- 31
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, aS
AMENDED, TEE COF/,IER COUNTY LAND DEVELOPMENT C~E,
DEFINITIONS; MORE PARTICULARLY PROVIDING FOR:
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF~_
FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO
LAND DEVELOPMENT CODE; SECTION FOUR, CONFLICT R~D
SEVERABILITY; SECTION FIVE, INCLUSION IN THE Cd~E
OF LAWS AND ORDINANCES; AND SECTION SIX, EFFEC'ieisVE
DATE.
WHEREAS, on October 30, 1991, the Board of County Commissioners
approved Ordinance Number 91-102, as amended, which established the
Collier County Land Development Code; and
WHEREA~, the Land Development Code may not be amended more than
two times in each calendar year pursuant to Section 1.19.1,LDC; and,
WHEREAS, this is the first amendment to the Land Development Code,
Ordinance 91-102, in this calendar year; and
WHEREAS, on March 23, 1993 the Board of County Commissioners
adopted Resolution 93-124 establishing local requirements and
procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 93-124 have been met; and
WHEREAS, the Board of County Commissioners in a manner prescribed
by law did hold advertised public hearings on April 5 and April 18,
1995 and did take action concerning these amendments to the LDC; and
WHEREAS, all applicable substantive and procedural requirements of
the law have been met.
· o 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 heroin as if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida,
hereby makes the following findings of fact:
1. Collier County, pursuant to Sec.163.3161, et ~_~_q.,Fla. Star.,
the Florida Local Government Comprehensive Planning and Land
Development Regulation Act (hereinafter the "Act"), is required to
prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in
particular Sac. 163.3202(1). Fla. Star., mandates that Collier County
adopt land development regulations that are consistent with and
implement the adopted Comprehensive Plan.
3. Sac. 163.3201, Fla. Star., provides that it is the intent of
the Act that the adoption and enforcement by Collier County of land
development regulations for the total unincorporated area shall be
based on, be related to, and be a means of implementation for, the
adopted Comprehensive Plan as required by the Act.
4. 8ec. 163.3194(1)(b), Fla, Star., requires that all land
development regulations enacted or amended by Collier County be
consistent with the adopted Com~rehensive Plan, or element or portion
thereof, and any land development regulations existing at the time of
adoption which are not consistent with the adopted Comprehensive Plan,
or element or portion thereof, shall be amended so as to be consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be
construed to encourage the use of innovative land development
regulations.
6. On January 10, 1989, Collier County adopted the Collier
County Growth Management Plan (hereinafter the "Growth Management Plan"
or "GMP") as its Comprehensive Plan pursuant to the requirements of
Seo. 1634.3161 et seg. Fla. Star., and Rule 9J-5, F.A.C.
7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a
Comprehensive Plan, or element or portion thereof, has been adopted in
conformity with the Act, all development undertaken by, and all actions
taken in regard to development orders by, governmental agencies in
regard to land covered by such Comprehensive Plan or element or portion
thereof shall be consistent with such Comprehensive Plan or element or
portion thereof.
S. Pursuant to Sec'. 163.3194(3)(a), Fla. Stat., a
development order or land development regulation shall be consistent
with the Comprehensive Plan if the land uses, densities or intensities,
and other aspects of development permitted by such order or regulation
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). Fla. Stat.,reguires that a
development approved or undertaken by a local government shall be
consistent with the Comprehensive Plan ir 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 ir 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 b~came effective on November 13,
1991 and m~y be amended twice annually.
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; encourage the most appropriate use of
land, water and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems
that may result form the use and development of land within the total
unincorporated are of Collier County and it is int6nded that this Land
Development Code preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, and
g~neral welfare of Collier County; prevent the overcrowding of land and
avoid the undue concentration of population; facilitate the adequate
end efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing, and other requirements and
services; conserve, develop, utilize, and protect natural resources
within the Jurisdiction of Collier County; and protect human,
environmental, social, and economic resources; and 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 Growth Management Plan,
Chap4:er 125, Fla. Star., and Chapter 163, Fla. Star., and through these
amendments to the Code.
SECTION T}EREE= ADOPTION OF AMENDMENTS TO T}{E LAND DEVELOPMENT CODE
The Collier County Land Development Code is hereby amended as
shown on the side sheets which compromise Appendix A, attached hereto
and incorporated by reference herein.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of
Collier County and other applicable law, the more restrictive shall
apply. If any phrase or portion of the 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 CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part
of the Code of Laws and Ordinances of Collier County, Florida. The
sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretal-f of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier Count'y, Florida, this /~day of ~, 1995.
. . ...,:) ,: I 0f COLLIER UNTY, FLORIDA
Y~C 1 t
· y ."LRK.5 \/ .' -
MARJOBLtE M. STUDENT
ASSIb~rANT COUNTY ATTORNEY
LDC AHENDMENT ORDINANCE/md/13603
4
ORIgINs Staff (County Attorney's Office)
XUTBORX Bob Nulhere, AICP
Manager, Current Planning & Technical Services Section
DIFA~TMEITs Planning Services Department.
LDO IICTIOII gee. 1.8.3 Nonconforming uses of lands or waters or
struotures onlT.
Cl~3tlIQI! The change proposed provides for a more liberal time frame of
six months, within which, if a nonconforming use has ceased, it is
deeBed to be abandoned. However, additional language has been added to
re(/tl~re sate improvements where any use has ceased for 90 days or more,
and where the property does not meet the requirements of the LDC
relative to landscaping, paved, striped parking, including parking for
the disabled and access for same.
· lXaOII Concern's were raised by Collier County Attorney's Office
relative to the County's legal standing in enforcing Section 1.8.3.3.
Section 1.8.3.3 currently states that should any non-conforming use
cease to operate (except where governmental action impedes access to
the premises) for a period of more than ninety (90) days, then any
future use of the property is required to conform with the regulations
spec~fied by this LDC for the district in which the property is
located. Of specific concern ks the requirement that a nonconforming
use be made to comply with the LDC if said use has ceased to operate
for 90 days or more. It was indicated that the County has greater legal
standing, if challenged, when requiring that the future use of a
structure, lands or water conform to the current LDC requirements, if a
mo~e appropriate time frame is used as a measurement of abandonment.
FISCAL 3tied OPERRTIONAL IMPACTs This amendment will have no additional
fiscal or operational impact on the County or the public as this
amendment simply extends the time frame within which a nonconforming
use can cease to operate before being considered abandoned from three
months to six months. The amendment further clarifies what site
improvements may be required on structures and/or premises for which a
use has ceased for a period of 90 days or more.
Xt~JkT~D CODES
Amend See. 1.8.3. Nonconforming uses of lands or waters or structures
only., as follows:
1.8.3.3 0iscontinuance. If any such non-conforming use ceases for any
reason (except where governmental action impedes access to the
premises) for a period of more than 99/aLQ consecutive day3, any
subsequent use of land shall conform to the regulations specified by
this Code for the District in which such land is located.
Words ~ are additions; WetdaSh are deletions.
~ Amneaments/January1995 Cycle
Se~, 1,8.3 Nonconforming uses of lands or waters or stz-uctures only.
Page ~o
Notwithmtandino the above definition 0f discontinuance relative to a
nonconformino use of land or water orstruc=ure. where the use of land.
water OT a stx-~cture has ceased for a carled o[ more than 90
~onsecu~ive dave. and t~ers such DrOneTrY or use ks de[icient in the
T~IC~JiTe~t {t O{ DaVId. ItriDSd Darkina. includina Darkins and access
to the stru~ure for the disabledE water manauement facilitie~/
landscauinaz and other site imDrovelaents as reauired in Div. 3.3 of
this Code. ~rior to the recommencemen~ 0f {Dr use of the land. water or
stz~3c~ure. said deficiencies as may aODlV shall be remedied. to the
createst extent Possible Siren the PhYsical constraints on the
DrOP)artY. via the appropriate administrative processes found in 0iv.
3.3. Or as otherwise recruited by this C~{,
Words ~ are additions; Words =t='~c~; =hrcugh are deletions.
OZt. Zgll~ Staff (Commnity Development)
~u~aCrill Ray ~. Bellerda
Pro~ect Planner
DIlllilt"lilts Planning Services Department
LDO I~'"l~OWs egC~ZOll 2.2.4, Residential single-~amtly districts (ROY)
ex]m~ls Addition of clsrtfytn~ lan~aqe to 1norease the slds setback from
7.5 feet to a minimum of l0 feet only for side yards with waterfrontage.
proposed 1are/nags is intended to support the minlmum setback requirement as
provided for in the proposed definition of Yard,
J/XSOIS ~he proposed definition of Yard, waterfront provides for a mlninu~
setback of 10 feet for principal and accessor~ structures on waterfront lots.
However, there is a problem vtth the RSF-3, RSF-4, RSF-5, and RSF-6 zonln~
dlsr_rlcts which have a side setback of only 7 1/2 ~eet, therefore, the
proposed lan~age will set the mintman side yard se~baoX to ~0 feet for ~he
above referenced RSF voterfront yards only.
JPZBC/Z, & OYER~TZOMX~ Z)CPAC'~BZ TAts amendmen~ should have 1!t~1e or no
Or operational Impact on the County. Zt is the the 5uildlnq Depar~ment's
responsibility ~o revlsv bulldlng permlt applications which includes
fo= proper setbacks for 811 structures. By changing this lanquago to set a
minimum side setback for RSP-3, 4, 5, and 6 voterfront lots to ZO feet, there
W1~1 be less likelihood of approvlng a building permit for a principal or
sccessory struckcure with the non-waterfront side setback of ? 1/2 :eat.
this could potentially have a fiscal impact on the property owner as
snendnent may reduce the overall buildable lo~ area, however, not to any
slqnifleant degree as tt wtl1 only impact waterfront lots (2.5 X the
width). Staff has dls~ssed thls proposed amendment wit~ representatives
CBZA and various professional engineers and tt is agreed that in addtiles
maintaining a vlsual corridor, placing a s=ructure closer than ten feet (~0')
'to the water could negatively eeloct the Integrity of such a structure.
Mend the LDC as follows:
2.2.4.4.4. 2. Side yard.
RSF-I: 30 feet.
RSF-2:20 feet.
RSF-3:7.5 feet. (waterfront; 10 feet1
RSF-4:7.5 feet. (Waterfront: 10 Eeetl
RSF-5 and 6:7,5 feet. (Waterrront: 10 feet1
Words MOglEIdl/Dt~ are additions; Words s~--t~eh are deletions.
OltIgr!ls Staff (Community Development)
aI~'BO~S Ray F. Bellows
Project Planner
DlYaITMF'dlTI Planning ServiCes Department
L/X3 INCTZONI SECTION 2.2,9. Village residential ~istrtct (VR)
{3~l]l~ll Addition of clarifying language to increase the side setback from
S feet to a minimum of 10 feet only for side yards with waterfrontage. The
proposed language is intended to support the minimum setback requirement as
provided for An the proposed definition of Yard, waterfront.
IllSONs The proposed defAnAtion of Yard, waterfront provides for a minimum
setback of 10 feet for principal and accessory structures on waterfront lots.
Bowever, there As a problem with the Village Residential (VR) zoning
dAstrtcwc which has a side setback of only 5 feet, therefore, the proposed
language will set the minimum side yard setback to 10 feet for waterfront
yards only.
}"IS(IlL & OPEP. XTIOIIRL IMPXCTSz This amendment should have little or no fiscal
or operatAonaa impact on the County. It is the the Building Department's
responsAbAIAty to review building permit applications which includes checking
for proffer setbacks for all structures. By changing this language to set a
mAnlmum sAde setback for VR waterfront lots to 10 feet, there will be less
1AkelAhood of approving a building permit for n principal or accessory
Dtrt:oture wAth the non-waterfront side setback of 5 feet.
Thin could potentially have a fiscal impact on the property owner as this
131ezl~Iment may reduce the overall buildable lot area, however, not to any
Ilg:lif~canC degree as it will only impact waterfront lots {2.5 X the
wAdth}. Staff has discussed this proposed amendment w~th representatives of
CBIA and various professional engineers and It is agreed that in addition
laAntainAng a visual corridor, placing a structure closer than ten feet (10')
to the water could negatively effect the integrity of such a structure.
Amend the LDC as follows:
2.2.9.4 3. Minimum yard requirement:
Front yard 20 feet 35 feet 35 fee= Section 2.6.2 35 feet
Side yard 5 feet~ 15 feet 15 feet Section 2.6.2 15 feet
Rear yard 20 feet 30 fee~ 30 feet Section 2.6.2 30 feet
· WD~erfront: 10 fee~
4. Maximum height 30 feet 30 feet 35 feet 15 feet 50 feet
WOrds J~J~derltned are additions; Words =tr=ck~4~.r~.uejh are deletions.
ORZG33Is Staff (Community Development)
~t~q[OR~ Ray F. BelZovs
~ Project Planner
D/P/LRTIg~eTI Planning Se~tces Departmem~
'~ ~ I~g SZ~Z~ 2.2.10. Mobile home fitstrict (~)
~GII Mdition of clarifying landage to increase the side setback from 7
1/2 fee~ to a.minl~ of 10 fee= only for side ~ards with wa~erfron=age. ~e
~s~ la~age is intended ~o suppor~ ~he minimum setback requiremen~ as
~ld~ for in the proceed defini~ion of Yard, waterfront.
~l ~e pro~s~ definition of Yard, waterfront provides for a mtnt~m
letN~k of 10 feet for ~inoipal and acceseo~ st~ctures on waterfront lots.
H~er, ~ere Is a problem wl~ ~e ~ zoning district which has a side set~ck
Of ~ly 7 1/2 feet, therefore, the proposed landage will set the minimum side
~rd set~ck to 10 feet for waterfront yards only. Thi~ also applies to the
~c~fo~ing ~ lot side (5' and 0') and rear (8') setbacks.
~S~ & OP~TI~ I~A~Sl ~is amendment should have little or ~o fiscal or
~rational l~a~ on ~e County. It is the the Building 0epartment's
re~nsibllity to revi~ building pemit applications which includes checking
f~ ~o~r set~cks for all stmctures. By changing this language to set a
lin~ side yard set~ck for ~ ~aterfront lots to 10 feet, there ~ill be less
l~elih~ of a~rov~ng a ~ilding permit for a principal or accesso~ stmcture
Wl~ ~e non~aterfront side yard setback of 7 1/2 feet.
Amend the LOC as follows:
2.2.10.4.3.2. Side yard. Seven and one-half feet, except when adjacent to
public roads external to the boundaries of the project, 50 leery
or when it is a waterfront ~ard. 10 fe{~,
2.2.10.4.3.4. Yard exceptions. Any nonconforming platted HH lot of record or
nonconforming ~1~ lot located within a mobile home rental park
which was in existence before the effective da~e date of this
code shall be subject to the following standards:
Minimum yard requirements.
Front yard. Fifteen feet
Side yard. Five feet or zero feet, whore carports are connected at
corner lot line. Where a zero feet yard is utilized a minimum yard
of ten feet musk be utilized for the opposite yard. When yard i~ a
E~terfront, the setback is ten Cost.
Rear yard. Eight feet. (Waterfront: T~D
Words underlined are additions; Words struck through are deletions.
OR/QI~s Staff (Community Development)
AUTHORS Ray F. BeZlo~s, Project Planner
DE"P~TMENT~ Planning Services Department
LD~/~TZO~f SECTION 2.2.11. Travel trailer-recreational vehiole
campground district (TTaVC).
(~M~ls Addition of clarifying language to increase the side and rear
setback to a minimum of 10 feet only for those yards that have
waterfrontage. The proposed language Is Intended to support the minimum
setback rsquirement as provided for in the proposed definition of Yard,
waterfront.
RIBONe The proposed definition of Yard, waterfront provides for a
minimum setback of 10 feet for principal and accessory structures on
~atsrfront lots. However, there is a problem with the TTRVC zoning
district which has a side setback of 5 feet and a rear setback of 8
fast, therefore, the proposed language will set the minimum side and
rear yard setbacks to 10 feet for waterfront yards only.
FXS(IX~ & OP~It~TXOWA~ XKPICTSS This amendment should have little or no
fiscal or operational Impact on the County. It is the the Building
Dspartment's responsibility to review building permit applications
~ht~h inoludee checking for proper setbacks for all structures. By
ahas~gin~ this language to set a minimum waterfront setback for TTRVC
lots to 10 feet, there will ba less likelihood of approving a building
psntt for a principal or accessory structure with the regular
non-~aterfront setbacks.
This could potentially have a fiscal impact on the property o~ner as
~hts amendment say reduce the overall buildable lot area, however, not
to ad~ significant degree as it will only Impact waterfront lots. Staff
has scussed this proposed amendment with representatives of CBIA and
various professional engineers and it is agreed that in addition to
satntaintn~ a visual corridor, placing a structure closer than ten feet
(10') to the water could negatively effect the integrity of such a
structure.
Amend the LDC as follows:
2.2.11.4.4. Minimum yard requirements (princlpal and accessory
structures).
1. Front yard. Ten feet.
2. Side yard...Flve feet. iWaterfron~ Ten
3. Rear yard. Eight feet. ~aterfron=: Ten
4. From exterior boundary of park. Fifty feet.
5. From public street. Internal street, 25 feet; external
street, 50 feet.
6. From building or structures. Ten feet.
Words ~ are additions; Words ,~ek--~e~ are deletions.
-- m
Oriqins Public Petition LDC-95-1, R. Bruce Anderson of
Young, vanAssenderp & Varnadoe, P.A.,
representing Gold's Gym.
authors Bryan Milk, Project Planner
DepaEtaents Current Planning & Technical Services
LD~ BootiDol 2.2.16.2.1. Permitted Uses.
~hangel Amend Section 2.2.16.2.1. by adding Physical
Fitness Facilities (7991) to the Industrial
zoning district.
Reasons This amendment is being requested to add physical
fitness facilities to the listing of permitted
uses in the Industrial zoning district. The
Industrial Land Use District is to be reserved
for industrial type uses, the Urban Industrial
District of the Future Land Uses Element states
that:
"Intensities cf use shall be those related to
light manufacturing, processing, storage and
warehousing, who]sealing, distribution, high
technology, laboratories, assembly, storage,
computer and data processing, business services,
limited commercial such as child care centers and
restaurants and other basic industrial uses but
not including retail, as described in the Land
Development Code for Industrial and Business Park
Zoning Districts."
In 1991, with the adoption of the Land
Development Code, the Industrial District was
amended to delete uses that were not related to
industrial type uses, a number of uses were
removed including: general offices, fitness
centers, banks, etc. In 1992, the Land
Development Code was amended to include some
office uses related to Industrial and banks.
Long Range Planning Staff prepared an Industrial
Land Use Study in March 1993, updated in 1994,
that identified that within the Coastal Urban
Area there may be a need after the year 2000 for
additional industrial land. The recommendation
of that study was for land zoned Industrial be
utilized and reserved for industrial type uses.
In addition a new zoning district was created -
Business Park Zoning District - which allowed for
the mix of office and industrial uses as well as
supporting commercial uses.
-1-
In conclusion, the Industrial District should be
reserved for industrial type uses, other uses
that may be permitted are limited commercial uses
that serve the employees of the Industrial Park
including child care centers and restaurants.
The Industrial District is not intended to serve
general retail commercial uses which would be
inconsistent with the Comprehensive Plan. In
order to find the proposed amendment to add a
fitness center consistent with the Industrial
District the determination required is that the
use is a limited commercial use, such as child
care or restaurant, which can provide basic
service to the industrial users and is not
considered a general retail use.
Fisoal & This amendment should have little or no fiscal or
Operational operational impact on the County.
Zmpaots
Related Code
or Re~lationsz None.
Amend the LDC as follows:
Section 2.2.16.2.1. Permitted Uses.
28. Physical Fitness Facilities (~991],
2=. 29. Printing, publishing and allied industries (groups
2711-2796].
=9. 30. Railroad transportation (4011, 4013).
~C. 31. Rubber and miscellaneous plastics products [groups 3021,
3052, 3053).
31.32~ Stone, clay, glass, and concrete products (groups 3221,
3251, 3253, 3255-3273, 3275, 3281].
~2~ 33. Textile mill products (groups 2211-2221, 2241-2259,
2273-2289, 2297, 2298}.
~3~ 34~ Transportation equipment (groups 3714, 3716, 3731, 3732,
3751, 3761, 3764, 3769, 3792, 3799}.
~ 35. Transportation by air (groups 4512-~581 except airports
and flying fields].
2~ 36. Transportation services (groups 4731-4783, 4789 except
stockyards).
~v 37. United States Postal Service (4311).
37. ~3h Welding repair (7692).
~ 39. Wholesale trade-durable goods (groups 5012-5014,
5021-5049, 5063-5092, 5094-5099).
~ 40. Wholesale trade-nondurable goods (groups 5111-5159,
5181, 5182, 5191 except that wholesale distribution of
chemicals, fertilizers, insecticides, and pesticides
shall be a minimum of 500 feet from a residential zoning
district (5192-5199).
~ 41. Any other use which is comparable in nature with the
foregoing uses and is otherwise clearly consistent with
the intent and purpose statement of the district.
Delete Words e~e~--e~fe~; add word underlined.
-2-
ON=SXN~ BCC, County Attorney's Office, Real Property
X~O~s Various Staff members from Real Property, Planning Services &
the County Attorney's Office
DNP~tTMENTI Current Planning & Technical Services
LDa S~C'TXOlll Sections 2.2.20 Planned Unit Development District (PUD);
2.7.2. Amendment Procedures; and' Section 2.7.4
Conditional Use Procedures.
C~IS To clarify the conditions under which land and its
l~ovemsnt for public purposes can be required and
provisions governing the timing of dedication and/or
improvement of any such set aside land, as well as that for
private recreational amenities iljustrated on approved PUD
Master Plans or referenced in the PUD document.
RI3~801l Section 2.2.20.3.6 gives the Board of County Commissioners
the ability to require the dedication of usable open space
for public use within PUD's but says nothing about private
amentries iljustrated on the PUD Master Plan or addressed in
the PUD Document.
Is there a legitimate concern over the issue of ensuring that
advertised amenittes used to promote the sale of land in a
PUD come to fruition in a timely manner relative to the time
people solidify their investment in the PUD. Currently the
only requirement is one that requires a property owners
association be established to take over ownership and
maintenance of the common open space areas that are brought
about as the development proceeds based solely on decisions
of the developer or developers. Similarly, when PUD Master
Plans Iljustrate a golf course and indicate a clubhouse site
no provision Is typically made giving any specification to
these amentries. These i~sues have come to the attention of
the Board of Commissioners who in turn have directed staff to
prepare recommended revisions to the Land Development Code to
deal with these matters.
FISCAL & OPERATIONAL IMPACTBZ This amendment should have little or
no fiscal or operational impact on the County. The Code
Enforcement Department currently has budgeted staff whose primary
function is to investigate zoning violations. By clarifying this
language there will be less likelihood of a challenge or
interpretation request by an offending party, thereby reducing the
staff time required to enforce this Section of the Land
Development Code.
There will be a fiscal impact on the developer who will be
required to disclose a timetable for amenity development within
the PUD Document, or in the absence of such a timetable, to
develop amenittes at such time as as road access and
infrastructure is developed within the PUD. Further, there may
some fiscal impact to the developer if a timetable for
improvements is approved by the Board which differs from whatever
scheduling the developer may be proposing.
Words M]3derltned are additions; Words ~ are deletions.
-1-
RILAT~) CODES Oft REOULATIONSz None
RJfZl[D T~[B LDC RS FOLLOWSz
2.2.20.3.7 Dedication of the Public Facilities and Development of
Prescribed Amenities,
Public Facility Dedication. The Board of County
Commissioners may, as ~ condition of approval and adoption of
the PUD rezonina and in accordance with the aDDroved
Master Plan of development, require that suitable areas for
streets, public rights-of-way, schools, parks, and other
public facilities be set aside, improved, and/or dedicated
for public use. Where impact fees are levied for certain
Dq/bliC facilities. the market value of the land set aside for
the rnablio DUrDOSe shall be credited towards impact fees.
Said credit shall be based on a neootiated amount no areatar
than the market value of the set aside land prior to th-
rezonina action. as determined by an accredited aDDraj~
from a list aDDroved by Collier County, Said appraisal shall
be submitted to the County Attornev's Office and the Real
Property Office within ninety {90) days of the date or
approval of the fezone. or as otherwise extended in writing
bY Collier County. so as to establish the amount of any
impact fee credits resultSrio from said dedication. Failure
provide said appraisal within this time frame shall authoriz~
the County =O determine the market value of the property.
Impact fee credits shall only be effective after recordorion
of the document convevina the dedicated property to Collier
County. Where the term Collier County is used in this
Section. it shall be construed to include the Collier County
Water & sewer District or other a~encv or deuendent district
of Collier County Government.
Land set aside and/or to be imuroved as committed in the PUD
document. or master plan. as the case may be. shall be deede
9J~dicated to Collier County within ninety {90) dave of
receipt of notification by the County ~hat the property
needed for certain Dendine uublic improvements or a~
otherwise aoDroved by the Board of County Commissionerq
durina the PUD rezonina aDDrOV~I Dr~C~S. In any case.
however. the County shall take title to ~he set asi~~
property. at the latest. by a date certain established
durinu. and conditioned on. the approval of the PUD zoninq,
~e land set aside and/or to be improved shall be made fre~
and clear of all liens. encumbrances and lm~rovements. at
develoDer's Gale expense. except as Otherwise aDDroved by th~
Board. Failure to complete ~he dedication within
appropriate time frame noted above nay r~sult in a
recommendation to the Board of considera~ion of rezoninu ~h~
subject ~arcel from its curren~ PUD zoning dis~riC~ ~o an
aDDrooriate zoninq district ~nd may r~sult in a violation or
this Code ~ursuant to Subsection 1.9~±
Words MD~ are additions; Words e~Peek--t4~peeg~ are deletions.
-2-
Should said dedication of land also include agreed UPOn
improvements. said improvements shall be completed ana
accepted bv the Collier County Board of Commissioners at thA
development phase which has infrastr-dcture imDrQy~ment~
available to the parcel of land UDOn which said imDrovement~
are to be made. or at a specified time provided for within
the PUD document.
2.7.2.8.1 Dedication of the Public Facilities and Development of
Prescribed Ameni~ies,
hblic Facility Dedication. The Board of County Commissioners
may. as a condition of aDnroval and adoption of th~ rezoninq
reauire that suitable areas for streets. PUbliC
rights-of-way. Ichoolm. parks. and other PUbliC facilities
set slide. improved. and/or dedicated for PUbliC use. Wher~
~mDac~ fees are levied for certain Public facili~i~s. the
market value of the land set aside for the PUblic PUtDOSe
shall be credited towards impact fees. Said credit shall be
based on a neaotiated amount no ureatar than the market value
of the set aside land prior to the rezoninG action. an
determined bv an accredited appraiser from a list aDDroved by
Collier County. Said spursisal shall be submitted to
County AttoTnev's Office and ~he Real Property Office vithi~
ninety [90~ days of the date of aDDroyal of the fezone. or as
otherwise extended in writinn bv Collier County. so as ~O
establish the amount of any imuact fee credit~ resultin~ from
said dedication. Failure to provide said aoDraisal within
this time frame shall authorize th~ County'to determine
market value of ~he Property. Impact fee credits shall only
be effective after recorda~ion of the conveyance document
conveyinn the dedicated Property to Collier County. Where
term Collier County is used in this Section. it shall b,
construed ~o include the Colli¢r County Water & Sewer
District or other suencv or deuendent distric~ of ~Qllier
County Government.
],and set aside and/or to be improved as committed as oart
the rezoninQ approval shall be deeded or dedicated to Collie[
County within ninety [90) days of receipt of notification bY
the County that the property is needed for certain ~endin~
PUblic improvements or as otherw,se aDoroved by the Board
County Commissioners durinu the rezODinQ approval process. In
any case. however. the County shall take ~itle to the
aside Drouer~v. at the latest. bY a date certain establish~
durinu. and conditioned on. the approval of the rezoning
action. ~e land set aside and/or to be improved shall be
made free and c~ear of all liens, encumbrances
~Drovements. at the develoDer'~ sole expense. except ~ff
othervise aDDroved by the ~oard. Fai13~re to complete the
dedication within the aoDroDrtate time frame note~__~bove
result in a recommendation to the Boald of consideration of
rezoninG the subject ~arcel from it~ current zoning distrlc~
to an aDoroDriate zoning district ~nd may result in a
violation of this Cede pursuant to Subsega~ion 1.9.2.
Words ~ are additions; Words e~ are deletions.
-3-
Should said dedication of land also include aqreed UPOn
improvements. said improvements shall be completed and
accepted by the Collier County Board of Commissioners at the
development nhase which has i~fras~ructure improvements
available to the parcel of land UPOn which said improvements
are to be made. or at a specified time provided for within
the ordinance aDDrovina the r~zon~,
Public Facilitv Dedication. The BQard of CoUntY Commissioners
may. as a condition of aDDrov~l of the conditioRal useL
require that suitable areas for streets. PUblic
riahte-of-wav. schools. harks. and other PUbliC facilities be
set aside. improved. and/or dedicated for Public use. Where
impact fees are levied far certain public facilities. the
market value of the land set aside for the public purpose
shall be credited towards imDl~t fees. Said credit shall be
based on a heaDflared amount no areater than the market value
pf the set aside land prior to the approval of
conditional use. as determined by an accredited ~DDr~lser
from a list aDDroved by Collier County. Said appraisal shall
be submitted to the County Attornev's Office and the Real
Property Office within ninety/90~ days of the date oZ
approval of the conditional use. or as otherwise extended in
writtna by Collier County. so as to establish the amount of
any impact fee credits resultinq from said dedication.
Failure to Provide said appraisal within this time frame
shall authorize the County to determine the market value of
the property. Impact fee credits shall only be effective
after recordation of the document conveyln~ the dedicated
property to Collier County. Where the term Collier County is
used in this Section. it shall be construed to include.the
Collier County Water & Sewer 0tstrict or other aqencv or
dependent district of Collier ~ountv Government.
Land set ~sid~ and/or to be improved as committed as Dart
the conditional use approval shall be deeded or dedicated to
Collier County within ninety [90) days of receiot of
notification by the County that the Drop6rtv is needed for
certain pendina PUbliC improvements or as otherwise aDdroved
k~ the Board of County CommissioneCs durina the conditional
use process. In any case however. the Co~mtv shall take title
to the set aside property. at the latest. bv a date certain
established durina. and conditioned on, the approval of the
gondltional use. ~e land set aside and/or to be improved
JangLe free and clear of all liens. encumbrances and
improvements. at the develoDer's 3~le expense. except as
otherwise aDDroved by the Board. Failure to complete the
dedication within the appropriate time frame noted above may
result in a recommendation to t~e Board of reconsideration of
~r~Droved conditio_~ use and may reSUlt i~ a violatiQD. 9~
Falls Code pursuant to Subsection 1.9.2.
Words ~ are additions; Words e.t, ft~k--E~h are deletions.
Should said dedication of land also include ~are~d UPon
i~rovements, said imDrovemen~s shall be completed and
accet~ted ~ the Cgllier County Board oE CommissiOners at the
development uhase which has in[ras~ructure improvements
available to the parcel o[ land UPOn which said imorovements
are to be made, or at a specified time provided for within
the resolutio~ a~q~rovina the conditional use.
Words MXld~ are additions; Words =tr~ck-~hrGugh are deletions-
-5-
O~I~l~[f Community Development Division (Planning Services
Deparq:ment}
a~FT~OtZ Bob Mulhere, AICP; Manager
Current Planning & Technical Services
DZ~AaTMB~T$ Planning Services
LD~ I~'TXO~I I~. 2.6.4 ~XC~PTIONS TO REQUIRED YARDS
C3~XWOll To allow a three foot (3') encroachment into a required
front yard for steps (stairways) for single family
residential dwellings.
[[alO~l Currently, such an encroachment is permitted in a side
and rear yard , provided the steps (stariway) are
unroofed and unenoXosed. At the request of, and after
discussion with, the Collier Building Industry
Association, staff is supportive of this amendment for
the following reasons:
1. Many properties are located within a flood zone and
thus the structures must be elevated thereby
necessitating a stairway to access the residence.
2. The Building code requires handrails if there are
more than three steps. Once handrails are attached
to the steps, they exceed thirty inches in height
and are permanently affixed to the ground and are
therefore considered to be a structure. In most
cases, where a handrail is required, a builder will
run the handrail the entire length of the steps for
aesthetic reasons.
3. Section 2.6.4.1.5 allows for a roof to overhang up
to three feet into a required yard.
Based on the above findings, and in order to provide for consistency in
the exceptions to required yards, this change would allow for stairways
or steps to encroach into a required front yard a maximum of three feet
(3'). This would be consistent with the three foot encroachment
~%rmitted for roof overhangs and saves.
FISCAL i OP~3~ATIOMAL IMPACTHI This amendment ~ill have no fiscal
or operational impact on either County staff, the development
community, or the property owner.
RELATED CODZS OR RZG~LATIONS: N/A
Amend the LDC as follows:
2.6.4.1o4 Fire escapes, stairways, and balconies which are unroofed
{exceot as otherwise permitted within ~his Section) and
unenclosed shall not project over five feet (5') into a
required side or rear yard and three feet {3'3 into a
~]Z~of a multi-family dwelling, hotel or motel and
not over three feet into a required front. side or rear
yard of a residential single family dwelling.
Staff (County Attorney's Office)
Sam Saadeh, Project Planner
DIFAaT!I:EWTI Charrent Planning & Technical Services
SF~'TXOll Section 2.2.23 Airport Overlay District (APO): Special
Re~lations for specified areas in and around the
ai~orts in Collier County.
Addition of new langua · which restricts new
inc~pattble uses, act=vities or construction within
mnway clear zones, such regulations shall prohibi~ ~he
constmction of an educational facility of a publid or
Flyate school at either end of a runway of a publicly
~, ~blic-use ai~ort within an area that e~ends 5
miles in a dire~ line along the centerline of the
~nway, and which has a w~dth measuring one-half the
1eriCh of the ~nvay.
~blic or private educational facilities at either end
of publicly ~ed, publicly used airports are
inc~patible wi~h nomal airport operations and could
endanger public health, safe~y, and welfare by resulting
in ceSSations of people, emissions of light or smoke,
or a~tra~ion of birds.
OP~TI~ ~a~8z ~s amendmen~ should have
operational impac~ on ~he County. Obviouosly ~here is a
fiscal impact ~o ~ers of proper~y which falls under
~ls r~la=ion, h~ever, as ~hese are existing S~a~e
Sta~u~es, ~hil ~ amendmen~ is no~, In l~self, ~he
cause of any fiscal impact bu~ merely a reflection
existing S~ate Stau=es.
Codes'or re~iationsl Collier County r~nd Developmen~ Code
Section 2.6.34 and Florida Statutes ~333.03(3) and
~333.05(1)
~e LDC As Follows:
Sec. 2.2.23.6 Prohibited PUbliC or private
educational facllt~ies a~ either ~n~
of pUbliClY owned. ~clv used
The cons~ruc~ion o~ an educational
facili~ or PUblic or DrtVate school
a= either end of a runway of
pUbliCly owned. DUbtic-USe airDot&
shall be ~rohibited within an
which extends 5 miles in a direct line
aloha the centerline of the runway.
Words ~ are additions; Words e~euek t~ are
deletions.
and which has a width measuf~Dq
one-half the lenQth of the r~wav.
Exceptions aDDrovinG construction of
sn educational facility within the
delineated ares shall only be aranted
when IDeCi[IC findines de~ili~g how
the Public DOliCV reasons fan allowinQ
the construction cut-weioh heQlth and
safety concerns Drohibitinu such
location and pursuant to Section
2.7.5.
Bec, 2.2.23.6.1 The Procedures outlined above for the
adoDtion of such regulations are ,
suDp_lemental to Section 2,2,23,
Sec. 2.2.23.6.2 Nothin~ in Sec, 2.6.22 shall b~
construed to reuuire the removal.
alteration. sound conditioninq, or
other chanQe. or to interfere with the
continued use or adtacent expansion of
any educational structure or site in
existence prior to the effective da~e
of this amendment. or be construed to
Prohibit the construction of any new
structure for which a site has been
determined. as of ~he effective
of this amendmert~k
8ec. 2.2.33.6.3 Notice and Hearing
- 1. No Airport Zoninu Regulations
shall be adopted. amended. or chanqed
under this section except by action of
the board of Count~ Commissioners and
setforth. after a Public_hearinG in
relation thereto. at which_a~arties
interest and citizens shall have an
ODDOrtUnitV tO be heard, Notice Of
the hearing shall ~e published a~
least once a week for 2 consecutive
weeks in a paper Of ceilfire1
circulation in Collier County,
AIRPORT OVERLAY/md/1/30/95
Words underlined are additions; Words e~ ~ are
deletions.
OILIGIIZ Staff (Community Development)
AVTSOR, Sam Sagdab, Project Planner
DIPAITMEFEr Current Planning & Technical Services
~ SECTIOIII Section 2.2.26 Golden Gate Parkway
Professional Office Commercial Overlay
District (GGPPOCO).
~A31GII Adoption of certain development standards that
will be used as a supplement to the current
standards of the Golden Gate Master Plan, for
properties bordering Golden Gate Parkway,
east of Santa Barbara Boulevard. The Overlay
District wtll be developed with architectural
continuity and style for the purpose of
creating an "entry way", a "community focal
point" and a "sense of place" for the Golden
Gate Area.
aZRSO~: The purpose of this district is to serve as a
bonafide entryway into the City of Golden
Gate and to provide a community focal point
and sense of place by controlling
architectural appearance and continuity of
design.
FISCAL & OPERATIONAL IMPACTSt This amendment should have
no fiscal impact to the County.
iIILaTED CODES OR RE~IILaTIONSl Collfer County Growth
Management Plan/Golden Gate Area Master Plan (Golden
Gate Parkway Professional Office Commercial District].
AMEND THE LDC AS FOLLOWS:
~ Golden Gate Parkway Professional Office
Commercial Overlay District (GGPPOC01: special
conditions for the Droverties abutting Golden
Gate Parkway east of Santa Barbara Boulevard as
referenced in the Golden Gate ParkWay
Professional Office Commercial District MaD [MaD
2] Of the Golden Gate Area Master Plan.
Delete Words e~h; add word underlin~,~.
-1-
2.2.26.1 Purpose and Intent. The provisions of this
district are intended to provide Golden Gate
City with a viable professional office
commercial district. The professional offic~
commercial district has two PUrPOSeS, First.
serve as a bonafide entry way into Golden Gat~
City. Secondly. to provide a community focal
POint and sense of Place.
The uses permitted within this distriG~ are
aenerallv low intensity. office developmen~
which minimize vehicular traffic. DrOVid~
suitable landsCabins. control incress and
earass. and ensure compatibility with abuttin~
residential districts,
~ APPlicability: These r~culations aDDlV to
properties north and south of Golden Ga~
Parkway. startinq at Santa Barbara Boulevard and
extendinq eastward to 52nd Terrace S.W. in
Golden Gate City as measured PerPendicularly
from the abuttinq riuht-of-wav for a distan~
approximately 3.600 feet more or less and
consistinu of aPProximately 20.84 acres, Th~S~
properties are identified on Map 2 of the Golden
Gate Area Master Plan. Except as provided
this reaulation. all other use. dimensional
development reouirements shall be as reuuired in
the underlvinq zoninq cateqOrie~,
2.2.26.3 DeveloPment Criterl,L The [ollowino standardt
shall aPPlY to all uses in this overlay
~t~~ere specific development criteria
and standards also exist in the Golden Gat~
Master Plan. or the Fut~ure Land Use Element
the Collier County Growth Management Plan. they
sh~ll supersede any lest strinQent reuuireme~
or olace additional reauirq~ents on development.
2.2.26.3.1 Common Architectural Style. In suPPort of th~
PUrPOSe and intent of the GGPPOCO a commqD
architectural style Is required for all PrOPOSed
development within the Qyerlav district. Durin~
the Site OeveloDmeDt Plan review process,
architectural drawings shall ~q submit~¢d
indicatin~ that all PrODoSed buildin~s will hav~
an architectural s~vle w~ich is similar to that
a~Droved for the eXistinq PUPs within thP
Delete Words et~P~e~; add word ~nderline~.
-2-
~undaries. Such architectural drawinas
shall depict. at a minimum. the foliowine: th~
use of stucco. except for trim: pastel colors:
Dedestrian DOCketS. includina benCheS and
lamDDOStS: tile roofs. except that Where tile
roofs are not provided. decorative parapet walls
shall be constructed above the roof line.
~ Permitted Uses;
a. Accountina. Auditina. and BookkeeDina
Services faroup 8721].
b. Business Services (ar~uDs 7311. 7313.
7322-7331. 7335-7338, 7361. 7371. 7373-7376.
7379~.
c. Depository Institutions (6021-60621,
d. Eatina Places/arouD 5812 exceot carrV-ou~
restaurants: contract feedAna: dinner
theaters: drive-in and drive-throuah
restaurants: fast food restaurants,
carry-out: restaurants. fast-food: submarine
sandwich SHOPS1.
e. Enaineerina. Architectural and Survevina
Services ~arouDs 8711-871~],
f. Health Services (arouDs 8011-8049).
Holdina and Other Investment Offices
6712-67991.
h. Insurance Carrier. Aaents and Broker~
faroups 6311-6399. 6411].
I. Leaal Services faroup 8111),
Manaaement and Public Relations Services
faroups 8741-8743. 8748).
k. Membership OraanizatioD~ taroups 8611~
86211.
1. Museums and Art Galleries (aroup 8412),
m. Nondepository Credit Institutions (arouDs
6141-6163),
n. Perso~]~_~rvices (GrQUDS 7221. 7291~.
O. Public Admi~istration (arouDs 9111-9199.
9229. 9311. 9411-9451. 9511-9532.
u. Real Estate (arouDs 6512-6514. 6519.
6~31-65531.
u. Research. Development and Testin~ Service~
~arouD 8732).
r.. Security and Commodity Brokers. Dealers.
iXchanaes. and Services faroups 6211-6289},
s. Transoortation Services [arouo 4724).
t. Veterinary Services (grouo 0742 excludin~
outside kenneli~q),
Delete Words ztruck through; add word
-3-
u. Any other commercial use or orofessional
service which is comparable in nature with
the foreaoina use~,
Accessory Uses|
1. Uses and structures that are accessory add
incidental to the Permitted Uses,
~ Minimum ProJect Area. Minimum project area
shall be two {2~ acres.
2~L2awU3~/ Rezonina Reauest. ProJects shall be encouraaed
in the form of a PUD {there shall be no minimum
acreace reauirement for PUD fezones except for.
the reauirement that all reuuests for rezonina
must be at least forty thousand f40.000~ scuar~
feet in area unless the DrODoSed fezone is an
extension of an existina zonina distri~
consistent with the Golden
Gate Area Master Plan~.
~ Access. Access to projects shall be provided
exclusively via Golden Gate Parkway and shall
limited to I per 450 feet commencina at center
line of Santa Barbara Boulevard.
~ Parkinc. ProJects shall be reauired to DrOVid~
off street oarkin~ and may make provisions for
shared Darkina arrangements with adJoiniq~
developments.
~ Deceleration and ACted. ProJects
shall Provide deceleration and acceleration
lanes as may be determined by the Community
Development AdministratOr or his desianee ~ased
UPOn the reauirementa of the "work within
Riaht-Of-Wav Ordinance" {Ordinance No. 93-64)
and sound enaineerin~ practices.
2.2.26~ Sidewalks. ProJects shall encouraae pedestrian
traffic bv orovidinq sidewalks. Adjacent
protects shall coordinate location of sidewalks,
2.2.26.3.9 Minimum Setbacks. Buildinqs shall be set back
from Golden Gate ParKway a minimum of 40 fee~
and from rear lot line a minimum of 25 feet.
Delete Words ee,~ck through; add word underlined.
-4-
2~ Maximum Heiaht. BuiX~inq~ shall have a maximum
heiaht of twenty five (25] feet PlUS ten (10)
feet for under building Darkins.
2~ Signs. Each orot~t shall be limited to one
sian not to exceed twenty (20) s~uare feet an4
six (6) feet in heiqht. No flashina or
mechanical signs shall be allowed. Siqns shall
be located at a minimum 15 feet from the
riaht-of-way. Wall. mansard. canopy or awning
siena are Permitted under Section 2.5.8.1.3.
Exceptions to these sign restrictions are those
signs permitted under Section 2.5.5 (Signs
Exempt From Permitting),
1. Protects shall Provide a ten (10) foot
buffer between vehicular riaht-of-¥fiy and
rlcpuirld sidewalk and shall provide landscaDin~
of one (1} shade tree per thirty (30) linear
feet. Such trees shall be minimum of eight
feeC in heloht and one and one-half (l&} inches
in diameter at the time of Dlantinq that shall
have a minimum canopy of fifteen (15) feet at
maturity. In addition. a hedae or berm planting
combination shall be planted alonq the entire
len~t:h of this ten [10) foot buffer consisteBt
with Division 2.4.
2. A minimum of ten (10) percent of the ~ross
yehicular use area shall be landscaped t~
provide visual relief. One (1) tree, as
described in Section 2.2.26.3.11.1. shall Be
prOVided for each seventy five (75) s~uare feet
Of this landscaped area. This landscaDin~ shall
be placed within the vehicular use area,
a~ Water and Sewer. Central water and sewer
facilities shall be available prior tQ
development.
2.2.2~XA Variance Rapuser. Owners of isolated lots. as
of February 5, 1991. ~T~Io AdoPtion of the Golden
Gate Master Plan). may petition the Board of
zoninu Appeals for a variance from the standards
in this district as will ~ot be contrary to the
public interest when owinq to special condition~
~eculiar to the Droparty. a literal enforcement
Delete Words ~; add word underlined.
-5-
ORZ(iZ31 ~ BCC
XI3~i!OIt: Robert J. Mulhere, AXC~; Manager
· , a~ d~ected by the BCC, as pa=t o~ a ~esoZut~on
to O~oJ~ ;ark~ and Sand use probZems ~n the area.
~e D~te~ed ~ BCC.
~l~ i O~fZ~ X~ea ~ie amendmen~ should have little or no
fis~l or qrational i~a~ on ~e County as ~he is ~rrenCly ~dge~ed
I~f ~o~s ~ion i~ is ~o rayicy proposed land uses fro compliance
wi~ ~e ~nd DeveZo~en~ C~e. ~e e~ensea associated vi~h ~ha
n N ~u~n ~ the p~operty ovners within ~he Marco
~e hsiness Distri~. ~e C~e Enforcemen~ Departmen~ currently has
~gmt~ s~ff whose pri~ function is to investigate zoning
violations. ~e cost ass~iated with th. creation and improvement of'
~e ~1i~ parking area have ~en estimated at $7,000.
~ ~D=O ~ RE~TXONO: None
~ent ~ as foll~s:
~ OT~DO FO~ P~KING WX~XN TI[E ~RCO ~AKE 0RIV~
BUBZ~OB DXO~X~ (MLDBDh
Location Of Marco Lake Drive Business Districts The
Marco Lake Drive Business District ~s hereby created.
The Physical Limits of the Marco Lake Drive Business
District fMLDBO! are deoiCted on the Official Zonina
Atlas MaD of the subject area. All of the lots which
constitu~e the MLDBD are zoned commercial and
frontage on Marco Lake Dive. The MLDBD is further
described as Lots 1 throuoh 31, Marco HA~hlands
2ubdivision. as recorded in Plat Book 3, Pace 72. of the
Public records of Collier County. Florida.
Words underlined are additions; Words -e~ are deletions.
Existins Usesx Uses in existence as of the date of
approval of this amendment [ APril 19.1995}, are exempt
from the minimum Darkins reauirements as set forth in
Sac. 2,3.14 subject to the fQlZowina conditions:
1. ExistiM uses shall not reduce =he number of
sDscel below that which is provided as of the
effective date of this amendment,
2. The Strip of Perkins located alone the eastern edge
of Marco Lake Drive is designated Public Perkins.
no storaae of commercial vehicles or overniaht
Darkind shall be permitted
Expansion or New Develoomentl Parkinq to suDDQr~ any new
development within the boundaries of the MLDBD shall be
urovided at seventy-five percent {75t) of the minimum
reauirement as set forth in Sec. 2.3.14 for uses which
have a parkind intensity of one (1) space per two
hundred [200~ ecruare feet or less, for the square
footass of the expansion or new construction only. Any
expansion or neWConstrM~tion for uses hayins a Parking
intensity areatar than one (11 s~ace per two h~dred
[200) sauare feet shall provide the minimum Parking
resulted as set forth in Sac. 2.3.14. Any exDansiO~ Or
new cons~ruction shall include the on-site installation
of Darkins for the disabled as provided for in
2.3.20 of this Code.
Chanae in ~xistinq Use! A chanae in any use shall be
exempt from the minimum Darkins reauirements as se~
forth in Sac. 2.3.14 uo to an intensity level of one
parking SDaC~ per 200 sauare feet. A chanae of use to an
intensity of ureatar than one ~1) s~ace per 200 sauars
feet shall provide Darkins for the use as set forth in
Beo. 2.3.14o and shell ~rovide on-site Darkins for the
~iaabled as set forth in Sac. 2.3.~ of ~his Co~
Off-Site Perkins Aareements= In no way shall the
urovisions of the Marco Lake Drive Business District
[BLDBD} be construed so as ~o prevent establishments
w~thin the boundaries from ~aking advanCaaa of off-site
D~rkina arranaements as se~ forth in Sac. 2.3.4.11.
Words K~dJ~r.t/J39a~ are additions; Words -s~a~H~k--~ are deletions.
OZXlgZZl'z Staff (Conmuntty Development)
XOTIIO~Z Chahram Badamtchtan, Ph.D.
Senior Planner
DIP3~TMIIITI Planning Services
LDO IICt~0111 Bee. 2.5.8.2.1 Political Signs.
(SHXIQll Limiting the number of political signs per parcel and
requiring the permit number on the sign (front or back) or on the pole.
ILl/lOlls The reason for 11mttlnq the number of political signs is to
reduce the sign pollution and allow every sign a reasonable space and
visibility. The reason for reclutrlnq the permit number on the sign or
the pole ls, some signs are not removed within seven (7) calendar days
after the election as required by code. There are instances that it is
not possible to connect some signs to any candidates or campaign groups
(e.g. pro ard con signs in any referendum); therefore no one can be
held responsible for removing those signs.
FZBC/L & OPIRATIOIiAL IMPACTBz This amendment should have little or no
fiscal Impact on the county. However, by making sure that all campaign
grou~s are Identified and held responsible for removing political signs
after an election, w111 require less staff time, thereby reducing the
operational cost.
aILaTID CODIS Oil RZGOLATZONSz None
Amen~ the LaC as follows:
2.S.2.1 POLlTICkLE, SIGNS. Political campaign signs and posters shall
be permitted subject to the following requirements.
1. Prior to the erection, installing, placing, or
displaying of a political sign a bulk temporary permit
shall be obtained. The permit number shall appear On
every start or on the Dole SUDDOrttnQ the siqD, The fee
for said bulk permit shall be as adopted by resolution
by the Board of County Commissioners.
2. Political campaign signs or posters within residenttally
zoned or used property, shall not exceed four (4) square
feet in size, and shall not be located closer than five
(5) feet to any property line. Political signs placed
within residential district shall require written
permission from the property owner.
Words underline~ are additions; Word ee~ are delitions.
Words undar3~ are additions; Words =truck through are deletions.
3. Political signs or posters will be permitted in all
other zoning districts with a maximum copy area of forty
(40) square feet per sign, and shall be located no
closer than 15 feet to any property line. Zhl_GMi~tr_P/
Words ~ are additions; Word e~e~h are delitions.
Words~ are additions; Words-~t~-aek--~t~ are deletions.
ORIQIN$ Ccmmmnity Development - Code Enforcement
aUTHORz Bob Mulhere, AICP; Manager
Current Planning & Technical Services Manager
DIYXRTMEIFTI Planning Services Department
LD~ IICTIOIll Bee. 2.6,20 Home Occupations
ellLimit Addition of language to further clarify restrictions relative
to the prohibition of traffic generation associaCed with home
occupations exceeding that which would normally be experienced at a
relide~ce. These restrictions currently exist and are being enforced.
The intent is to further clarify what is and is not permitted in
conjunction with a home occupation.
RIXSONz Code Enforcement personnel have continually experienced
difficulties and problems with home occupations which generate
excessive traffic to a residence and residential area, including the
trafficking of employees, who are not residents, and customers to and
from the residential structure and parking of employee and customer
vehicles at the residence or in the neighborhood.
FISCAL & OP~3tATZONAL IMPACreS Clarifying thls language wtll facilitate
more expeditious enforcement action, thus having a positive fiscal
impact. This proposed change will have no operational impact.
RELATED CODES CR REGULATZONBz N/A
Amend the LDC as follows:
2.6.20.1.2 The use does not generate more traffic than would
normally be experienced at a residence. =ru~veltnu to and from the
residence by employees of the business operated therefrom. who are not
residing ~ the subject address. as well as by customers or clients of
the home o~guDatton. t~ prohibited. The utilization of a residence as a
Place where employees or customers of the b~l~tD~ss operated as a home
occu~ation meet in preparation for travel to some qther destination
any Darktna of vehicles associated with this activity is ~ro~tbtted.
Words underlined are additions: Words :truc~ through are deletions.
OalOINs Staff (Community Development)
'l~rlOils Ray F. Bello~, Project Planner
DIF~i~ITI Plannin~ Services Department
~ 2~l D~I~ 6.3. D~IMITIONB - Ytrd, waterfront.
2t ~d s definition to specify ~he area of a ~aterfront ~ard and h~
~t Is ~asur~. ~s defin~t~on is intended to clarify the point that the
miniu setMck for any principal or accesso~ stmcture within any
wafTfret yard shall not ~ less ~han 10 feet.
~s ~e BuildUp Depa~me~ a~d ~s~er Se~ice Agents have
~rie~ diffl~l~Yes in dete~lnl~ the appropia=e setback for a
rimfret yard. ~e ~evl~s ~dinance (82-2) provided that any waterfront
'ys~ shall N treated as a rear yard for setback purposes. As a result,
~l~ the revi~ of ~rrent ~ilding pemt=s, staff has been inconsistent in
~as~l~ ~e set~ck for principal and accessory structures on waterfront
1~- ~e problem ~rs most often on corner lots. In many zoning districts
~e side sethck is only 7 1/2 or 5 feet.
~S~ & OP~TI~ I~A~Sz ~is amendment should have little or no fiscal
~ ~rational impact on the County. It is the the Building Oepartment's
re~nsibility to revi~ ~llding pemit applications which includes checking
f~ pr~r setMcks for all stmctures on waterfront lots. By adding this
la~age to set the minim~ waterfront setback to 10 feet, those zoning
distri~s with side yard set~cks less than 10 feet rill be subject to the
W~terfront setback of 10 feet.
~is.c~ld ~tentially have a fiscal impact on ~he property owner as this
m~ent ~y reduce the overall buildable lot area, however, not to any
li~lficant d~ee as it will only impact waterfront lots (generally by an
~t not exceeding 250 s~are feet). Staff has discussed this proposed
~e~nt with representatives of CBIA and various professional engineers and
It Is a~esd that In addition to main~aining a visual corridor, placing a
st~c~ure closer than ten feet (10') to the water could negatively effect the
lntegity of such a stmc~ure.
~ ~e ~ as follows:
· a~. waterfront: ~e r~uired open space extendina alone the entire
Water[ron~ uro~rtv with depth measured from property line. bulkhead.
shoreline. seawall. mean hiah water mark. access easemen=. whichever is t~s
~t restrictive. Waterfront proDsfly is hereby defined as DroDer=v abut=ina
~the Gull of MexicO. bavs.'bavous. naviaable streams. and on man-created
~, lakes. or impounded reservoirs. For the putDose of this ordinance.
the minimum setback for any principal or accessory structure adjacent to the
~ter shall ~ the spme as the set~k specified for the side or rear yard. as
~e case may h. In the ~articular zqn~na district. However, these setbac~
shall never be less than 10 feet for any structure unless soecificall~
~ovided for in Section 2.6.2.2. of the ~nd Develooment Code.
OIZ~TwS Staff (Community Development)
~lTf~O~s l~ty F. Bellors
Project Planner
DI'PARTMX~s Planning Services Department
Z.~X3 2~0lt DI~SXON t.S. DEIPXWXTXC~IS - Setback line.
I~!~l~ll Addition of clarifying language to specify the point of measurement
~FE I setback line to include leawalls end the mean high water mark to the
l~lt of possible messurinQ points. Additionally, the proposed language is
~ntended to clarify the intent that ell setback lines be measured from the
mos~ restrictive point.
~NOIII The Building Department and Customer Service Agents have complained
that the cuFfant wording does not indicate how the setback should be measured
when the I~te contains a bulkhead, shoreline, seawall, mean high water mark,
access easement line, or other defined location which is different from the
Nrope~y line. ~ a result, during the review of building permits, staff has
been lrk?~nlsistsnt in measuring the setback in these situations. The problem
occurs ~t on waterfront properties when the property line extends past the
shore line or lea wall. For example, the setback for a pool cage located in
JJl the rear yard is 10 feet. In many cases, the setback was measured from the
~raTO~rty line which all~ed the lx)ol cage to be built on the sea wall. This
alan= w~uld require the setback to be measured from the most restric~ive
point, therefore the pool caqe setback will be 10 feet from the sea wall.
~IC3%L & OP~31ATIOIrAL IMPAC'TSs This amendment should have little or no fiscal
~ operational impact on =he County. It is the the Building Department's
resl~bllity to review building permit applications which includes checking
for proper setbacks on all struck:urea. By clarifying this language there will
be lees likelihood of measuring a setback from the least restrictive point
wtlloh may result in the issuance of a building permit for a structure
does not meet the proper setback.
t. tend the LDC as follows:
Setback line= A line marking the minimum open space fti~tance between a
right-of-way line, property line, bulkhead line, shoreline,
seawall. lean high water mark. access easement line or other
defined location whichever is the most restrictive. and the
beginning point of a required yard or the buildable area as
this land development code may require in the particular case.
Setback lines may be measured from the legal boundary of a lot
and are exclusive of easements that comprise a road
right-of-way.
Words MD~ are additions; Words ee~ are deletions.
ORXgXI: Community Development Division (Planning Services Dept.)
aOT~Oltl Bob Mulhere, AICP; Manager
Current Planning & Technical Services
DIFARTM~3T: Planning Services
LDO SlOTlOlls ARTICL! 6.
CKaIQII TO provide for a relaxation of five feet (5') in the
required front yard along the property line located
alODq the street opposite the water (the property line
with greater street frontage) in the case of "shoulder"
lots. In an attempt to provide greater clarity, staff is
proposing to include in the LDC a typical diagram of
such "shoulder" lots in conjunction with this amendment.
~.lJkIOill Shoulder lots are corner lots which straddle the
waterway and have a property line extending into the
water due to the indentation of the seawall from the
property line.. Such lots are typically found at the end
of the waterways on Marco Island (although conceivably
shoulder lots could be created throughout the County
where a bulkhead or seawall is constructed so as to
create an area within a platted lot which is underwater
(usually used for boat dockage). In order to address
concerns related to visibility and structural integrity
(which may be compromised if structures are placed too
close to a seawall, a minimum ten foot (10') setback is
required form the seawall or bulkhead, for all
structures, whether principal or accessory. On these
shoulder lots, due to the fact that they are corner
lots, not only are two front yards required, but the
required ten foot (10'} setback from the seawall
further reduces the buildable area. In such cases, staff
is proposing that along the front yard with the greatest
street frontage a five foot reduction in the setback be
granted, however said front yard shall not be less than
twenty-five feet (25'}.
Staff has discussed these proposed changes with
representatives of the Collier Building Industry who
agree that in light of the minimum ten foot setback for
structures from the seawall, this five foot reduction in
the front yard opposite the water will allow for
appropriate and marketable design of single family
structures on these lots, wherever this situation
occurs.
FISCAL & OPERATIONAL IMPACTS: This amendment will have no fiscal or
operational impact on either County staff, the development community.
or the property owner.
~ ~o ~ as ~oll~s~
~ ~ vatff~r~t co~er lot which straddles the
has a ~~v line ~ioh e~e~ds into the vl~e~
o~ntains a searall er ~lkhead or shoreline which
indented fra ~s ~v line thus crestins a strip
of ls~ ~ich is under water and is usualIv used Zor
the d~kina o~ a
. ~. J '~..,~
~ ~e required open space extendin9 across ~he entire
width of the lot between the front buildin~ line and
the street ri~ht-o~-wa~ line. ~ere double frontage
lots exist, the required ~ront yard shall he provided
on ~th streets ~xcen~ as othe~ise nrovided for
herei~.
~ere corner lots existed prior to the date o~ adoption
o~ Collier County Ordinance 82-2, ~hich lots do not
meet ~e minim~ frontage refinements ~stablished
this C~o '10 only one (1) full depth ~ron~ yard shall
he retired, 2) all o~her front yards shall not be less
than ~i~ty percent (~0~) o~ the otherlee required
~ront yard except this dimension may not he less than
~if~een feet (lS') exclusive o~ any right-o~-way, or
right-o~-vay easement in the "E" Estates District and
the ~ull dep~ yard shall be located alon~ ~he shorter
lot line alon~ the street. ' "'
XZ)CAsendmen~s/~anuary Cycle
Article 6/Definitions
In the case of ~hrouqh lots, unless the prevailing ...
STATE OF FLOMIDA )
l, II~IGHT E. BROCk, Clerk of ~:ourts [n and [or the
l~eentteth Judicial elfcult, Collier County, Florida, do
hereby certify that the foregoing is a true copy
Crdtnance No. 95-3!
sdttch was adopted by the ~oard of County Commissioners on
the 18th day of April, 1995, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, ~I~i~ 2lth
day of April, 1995.