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Ordinance 95-58 ORDZHANCE 1;O. 95- ~ AH ORDINANCE ANDIDING ORDIHAHCE H~4B~ 91-102, ~D~ ~g ~L~I~ CO~ ~D D~~ C S~ONS ~ - S HO~ P~~X ~DING FOR: S~ON ONE,~ ~ ~ON OF ~~S TO ~E ~D ~ S~ILI~ SE~O~ F~, IN~S~O~ IN ~E ~ODE OF ~WS ~ O~ZN~; A~ SE~OH SIX~ EFF~VE~ D~. ~~ ~ ~o~r 30, 1991~ the Board o~ C~nt? C~issioners a;~ed ~dinan~e ~r 91-102~ ~ich established the Collier C~nty ~M ~el~nt ~e ~i~h has ~en n~ently asnded~ and ~~ the ~M ~el;ent CMe ey n~ ~ amended m~e than tvo times in each taleMar year ~rsuan~ to Se~ion 1.19.1~C~ and~ ~~ this is the ~irst amenbent to the ~nd Develo~ent CMe, ~diMnce 91-102, in ~is nlendar year; and ~~ on ~rch 23~ 1993 the Boa;d o~ C~n~y C~issioners ad~t~ Resolution 93-124 es~blishi~ l~al r;irnents and ~ures ~or amendin~ the ~; and ~~ all r~irnents o~ Resolution 93-124 have ~en met~ aM ~, the Board oZ C~nty C~issioners in a snner pres~i~ ~ lay did hold adve~ised ~blto hearings on ~o~r 18 and 1995 and did take a~lon concenin~ these aendments to the ~C~ and. ~~, all applicable sultanrive and pt~ural regiments the lay have ~en met. N~ ~E~RE B~ IT ORDAZN~ ~ the Board oZ C~nty C~lssioners o~ Collier County~ Florida~ thatt SE~ION ONE: REClTXM ~a Zo=e~oin~ reci~2s are the and co~ect and inco~o:ated reEe;ence herein as iZ ~ull? set ~e Board oZ County Co~issioners oZ Collie~ County, Flo;ida~ hereby makes the ~oll~ln~ Zindin~s o~ Zac~: 1. Collier County, pursuan~ to S0c.163.3161, ~ ~.,Fla. the Florida ~cal Cove~ment Comprehensive Planninq a~d ~nd 1 bevslopsen~ Regulation Act. (hereinafter the "Act"), le required to prepare and adop~ a Comprehensive Plan. 2. After adoption of the C~rehensive Plan, the A~ and in pa~i~lar $~. 163.3202(1). FIe. Stat.~ mandates that Collier C~nty ad~ la~ d~el~nt r~lations tha~ are consis~en~ vith and i~l~en~ the ad~ c~rehensive plan. 3. See. 163.3201, tla. S~t., pr~ides ~hat it is the intent o~ ~e ~ ~at ~e ad~ion a~ enZorc~en~ ~ Collier C~n~ o~ land d~el~nt r~la~i~ ~ the t~al uninco~ra~ed area shall h ~s~ ~; h rela~ to, a~ ~ a means o~ i~l~en~a~ion ~or, the ad~ ~~ensive Plan as r~ir~ ~ the ~. 4. Sac. 163.3194(1)(b)~ Fla. Star., re~ires tha~ all land d~el~n~ r~la~i~s ena~ ~ a~nd~ ~ Collier C~nty ~ c~sis~n~ ~i~h ~he ad~t~ C~ehensive Plan, ~ el~en~ ~ ~ion ~er~f, a~ a~ land d.sl~nt r~lations existing a~ the time o~ ad~ion ~lch are n~ ~sis~nt vi~ ~s ad~ C~ehsnsivs Plan, ~ sinant ~ ~i~ ~ereoZ, shall h amended so as to h co~istsnt. S. S~. 163.3202(3)~ Fla. S~., s~es tha~ the A~ shall h cu~ ~o enc~ags ~e use of inn~a~ive land d.el~en~ r~latio~. 6. ~ ~a~a~ 10, 1989, Collier C~y ad~ ~e ~llisr ~ ~ ~gmnt Plan (hersinaZtsr ~e sCr~ ~nagm~ Plans ~ .~s) as its C~shensivs Plan mant to ~e r~irnents oZ See. 1634.3161 ~ ~. Fla. S~t.~ a~ ~ls ~-5, F.A.C. 7. Sec. 163.3194(1)(a)~ Fla. S~at., ~ndates tha~ after a C~rehensivs Plan, or element or potion ~hereo~, has been adopted in confomi~y vi~ ~s ~, all d.sl~nt u~emken ~, and all a~i~ ~en In r~a~ to devel~ent orders ~, g.smen~l agencies in r~a~ ~o la~ c~er~ ~ such C~ehensive Plan or el.en~ or ~ion ~sreof shall ~ consistent with such C~rehensive Plan or elnent or ~ion ~ereof. 8. hrsuan~ ~o Sec. 163.3194(3)(a), Fla. S~a~., a devel~en~ order or land developmen~ r~la~ion shall h consis~en~ vi~h ~he C~rehensive Plan if ~e la~ uses, densities or intensities, and other aspects of development permitted by .uch order or regulation are compatible with and further the ob~ectives, 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.,requires that a development approved or undertaken by a local government shall be consistent vith the Comprehensive Plan iZ the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible vith and further the objectives, policies, land uses, densitl~i 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 Developsent Code, which became effective on November 1991 and may be amended twice annually. ll. 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 land, rarer and resources, consistent vith the public interest; overcome present handicaps7 and deal effectively with future problems that may result form the use and development of land vithin the to~al unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, rood order, appearance, convenience, and ~eneral velfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, severage, schools, parks, recreational facilities, housinq, and other requirements and services; conserve, develop, utilize, and protec~ natural resources vithin the Jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain, through orderly ~rowth 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 o~ County Commissioners of Collier County to implement the Land Development Code in accordance with the provtsions of the CoZZie= County c=o~ch t4anaqement Plan, Chapter 125# Fla, Star., and Chapter 163, Fla. Star., and th=ouqh these amendmentm to the Code. SECTION THRZ~: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE The Collier County Land Development Code :Ls hereby amended as shorn on ~he side sheets vhich compromise Appendix A, attached hereto and incorporated by reference herein. SECrZON FOUR~ CONlq~Cr ~qD SEVERABILITY In the event this Ordirmncs conflicts with any other Ordinance Collisr"~ounty 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 ~rlsdiction, s~ch 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 TH~ CODt- OF LAWS AND ORDINAMCES The provisions of this Ordinance shall become and be made a part of the Code of Lays and Ordinances of Collier County, Florida. The sections of the Ordinancs ~ay be rentmbered or relettered to accomplish such, and the word eordlnancee may be changed to "section" , "articles, or any other appropriate word. SECTION SIX$ EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board Collier Co.unty, Florida, this J day of ~, 1995. DATE:". ................,.. BOXRD OF COU]ffY COffi(ISSIONERS '.-." . ..... ',, COLLIER COUNTY, FLORIDA ATTESTs .DWIGHT B. BROCk, .~IZRK BY ../"',". !'B,,Ic?JORIE H. STUDEl, iT fill LDC J~E~DNENT ORDZ~I~CE/R3~/08/16/95 ol~ 09/gllx Community Development Services Staff and County AttOrney' s Office xrn~cr~s Wayne Arnold, Planning Services Director D~ARTKIITs Planning Services Department, CoOs ~De Ir~G]~t XJ~C 1~10-1tll LDe IlCTZON, Division 1.6, Interpretations CX3LIIGI, Revisions to interpretations procedure section to include a~rop~late start titles and to clarity procedures ~3~SOlX, Organizational changes warrank insertion o~ new Job titles In procedure YZBC~L & O~ZgJtTZOXXL DfirACTBS This amendment should result in no direct fiscal J3pacts to the County or applicants. The current $200.00 application fee generally covers administrative review tlme. Applications requiring a Joint review by both the Building Official and Planning Services DIrector may result in administrative costs exceeding the $200.00 application fee. ILZFAT~D CODF~ O~ ~TXONSt Section 1.6.6, Appeal to Board o~ Zoning Appeals or Buildlag Board ot Adjustments. Nee, 1o6olo Authority, The ~ oe-~4M~ d&fee44~ plannine services ~ shall have the authority to make all interpretations of the text of this code~. ~ the ~darles o~ zont~ dlstrt~s on the official zonin~ atlas, and ~ ~ ~ ~iz==tc= :hzil ~ ~ to ~ke all tnte~retattons of the text of the ~h managnent plan and the ~undartes land use districts on the future land use ~p. ~e chief buildinn official ~hall have the authority to make all inte~retattons of the te~ of this on matters rela~ed to the ~dfldinu c~e, ~ildinu petit re~ir~ents. ~ildina constation administrative c~e or ~ildlna oermits. l~ caees where interpretations of both the bulldine official and Dlannin~ services directcot are re~es~ ~Ointly. a~ cCn~li~ shall c~nitv d~el~en~ and environmental se~ices le~. 1.~.2. Initiation. ~ inte~e~tion ~y h r~ested ~ an affected person, resident, d~el~er, land ~er, ~e~ment agen~ or d~a~n~, or a~ ~rson havinq a contractual intsrss~ In land in ~lli~ C~nty. leo, 1,1,3. ~oe~es. ~ Plannine Se~ices Dire~or. or ~ief ~ildi~ O~Zicial. whichever a~licable. a re~es~ Zor in~e~re~ation shall dire~or or chie~ ~ildina o~icial,~hichever is a~li~ble, in a Zo~ established ~ h~. A Zee Z~ ~e re.eft and ~ocessing oZ the r~est shall ~ established at a rate set ~e ~ard oZ c~nty c~issioners Zr~ time ~o time and shall h charged to arid paid ~ the a~licant. 1.6.3.2. Dete~l~tion oZ co~letensss. A~ter a re~est Zor inte~retation has hen received, the ~:vcl;~;n~ ;;r~i;;; whichever is applicable, shall deterins whether r~?st ~s,c~llte. If the ~ DlanniM se~ices director or chief ~ildina official, whichever is a~licable, de~e~ines ~at ~he r~est Is not c~plete, he shall se~s a ~itten notice on the applicant s~cifying the de~iciencies. -'---'-- "---'-- Dlannind se~ices director or chief buildino o~icial, whichever is applicable, shall take no ~urther action on the re~est ~or into~retation until the de~iciencies are remedied. ~ Notification of Affected Pronetry Owner. Where a site suecific internretation has been ~ecuested by a ~artv other than the affected " mrO~er~v owner. Collier County shall no~if~ the mr~V ~er that an inte~ati~ has ~an r~astad concubine their nr~e~v. I.e.3.3. Rendezin~ oZ inte~zetation. ~Zter the re~es~ ~or inte~rs~a~ion has ~en de~s~ined c~lets, the ~;v;1;;;;=~ dirs~or or c~s~ ~ildina o~icial, whichever is a~li~bls, s~ll ~evi~ and ~aluate the r~est in light o~ plan, ~e fu~s land use ~p, ~s c~s and/ff ~s official zoning atlas, and ~ildind c~e relat~ matters. ~ich~er is applicable, and render an inte~re~tion. dire~ and the chis~ ~ildina o~icial c~lt wi~ ~s c~ty att~ey and other c~nty dspa~men~ h~ors rendering an ints~s~tion. ~i~ s~li~t of a~ inte~e~ti~ shall h r~i~ ~ the c~nty attom~ ~o~ l~al ~ and sufficient. Inte~e~tio~ ~de ~ant to ~is seaion shall ~ rendered within 45 days o~ issuance o~ a dstemination ~rsuan~ to ss~ion $ 2) ~e ~nte~e~t~on shall h to ~e a~l~nt ~ ce~l~ ~il retu~ rece~ Boa. X.6.S. O~iaLal zeao:d. ~e ~ .... ' ..... ' .... '--- ~'---'-- C~nitv develo~en~ a~d enviro~ental seaices a~inis~rator shall ~ln~a~n an official reco~ of all in~e~re~at~ons A .... · ..... - .... t___ A .... '---' ~endered by either the Dlannxna se~ices dire~or or chief ~ildina official, vhich shall be available ~or public inspect~on during noml business ho~s. eee.~- 1.l.5.1. Notice of Interpretation. The Ccm~m,nttV development and envtrornnental services ':* administrator shall ~rovtde rublit notification u~on the issuance of an interpretation. For conoral interpretations of the buildina code or Land Development ~nde. notice of the Code interpretation and appeal ~ime-frame shall be advertised in a news~acer of aeneral ~irculaCion in the County. For interpretations affectina a suecifio parcel of land. notice of the 1literProration and appeal time- frame shall be advertised in a newspaper o[ conoral circulation. and mail notice of the interpretation shall be sent to all _DrODertV owners within 300 feet the land for which the interpretation is effective. See. 1.6.~. Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected DroDertv owner of a written interpretation sent by certified mail return receipt requested by the g&eeeee~ plannina services director or chief buildina o[flc~al, the applicant may appeal the interpretation the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this code. A fee for the application and processing of an appeal ehall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is a~pllcable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the .'=v=IG~==n'. k.h= ;r~.~..~. ~l;nr.a.r.; _' ir==~.=r ulannina services director or chief buildina of[icial, whichever is applicable, and public testimony in light of the ~rowth management plan, the future land use map, the code or the official zoning atlas, or buildinu code related matters. whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the director'= =r '~ .... ~k _ plannina .... , ...... pl---r.r.z-n; services director'e or chlef buildina offtctal's interpretation, whichever is applicable, vith or without modifications or conditions, or reject his Interpretation. The board of zoning appeals or the bulldine.3 board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the grovth nana~meent plan, the future land us sap, the code or the official scrninq sties, ~ whichever Is applicable. DZV, %.S ~^tIO~SlW~I~dI?ISlgS Amend the LDC as follows: ~send Sec~cion 2.2,6.4.3 Minimum Yard Requirements as follows: 2,2.6,4.3 Minimum Yard Requirements. ~ ~e4s 1. IPront Yard - Thirty f301 2, Side Yards - One-half of the bulldine heiaht as measured from each exterior wall or wine of a structure with a minimum of fifteen (15} 3,Rear Yard - Thirty (30} feats Amend Beckion 2,2,7,4.3 Minimum Yard Requirements as 2,2.7.4.3 Minimum Yard RequirementS. ~ PTont Yard - One-half of the buildlea- heicht as measured from each exterior ~all or wine of a struc~curs with e minimum of (30} 2. Side Yards - One-half of the buildlea heiaht as measured from each ex~cerior wall with a minimum of fifteen 3. Rear Yard - One-half the buildina heiaht as measured from each s~csrior wall wine of a structure with a minimum thir~cv (30} feet. " Asend Section 2o2,8,4,3 Minimum Yard Requirements as 2,2.B,4,3 Minimum Yard Requirements. "~'~" ~ Front Yard - One-half the buildlea hsiah~ ss measured from each exterior wall vin~ of a structure with s minimum thirty (30~ 2. Side Yards - One-half the buildlea hstah~ as measured form each exterior wall with a minimum of fifteen t151 3, Rear Yard - One-hair the bulldine heiaht as measured from each exterior wall with a minimum of thirty (30~ ree~, YARD RE~UIREHENTS/LDC/RFN/md/~4322 ,. ORIGIN: Staff, as directed by the BCC Xlrl"XCrl~t ~ar~in Powers, Planner I B~an Milk, ~o~e~ Planner D~~s ~ent Plann~ Se~on, Plannin~ Se~ices D~a~ent L~ 2~l~t Se~ion 2.3. O~-~E P~ING ~D ~ADING ~ll C~rehensive revi~ of parkin~ standards rs~lti~ in varies rec~e~ chanqss RN~s Ditched ~ the ~ ~2~ 2 ~~ Ell ~e recmended changes ~11 no~ ~ve an ~rati~al l~a~ on ~e C~nty. ~e rovi~ ~ess will n~ ~e, ~ly s~e oZ the standards and r~irmn~. In addiris, ~ere will N no fiscal i~a~ to the County as a result oZ ~e recme~ cha~es. ~e fiscal i~a~ to the ~siness a~ d~el~nt cmnity will ~ ~sitive where a redu~ion in ~e r~ir~ a~nt or off-street parki~ is a~r~ed as ~is will r~uce ~e anent o~ a site which net h d~i~t~ to ~rki~. Of ~rse the r~erse is t~o ~ere an in~ease In ~e r~ir~ am~t of ~rki~ is rec~e~. R~ ~ ~ ~~Sf ~e Collier C~nty ~inistrative ~e a~ ~e hilding C~e. DMBION 2.3. OFF-STREET ~XRIIXG XND LO~DING See. 2.3.1 Title and oitation. This division shall be known and may be cited as the 'Collier County Off-Street Parkin~ and Loadinq Code.' Saot 2.3.2. l~n~ose and intent. It is the intent of this division that the public health, safety, comfort, order, appearance, convenience, morals, interest, and qeneral welfare require that every buildinq and use erected or instituted after the effective date of this code shall be provided with adec~2ate off-street parking facilities for the use of occupants, employees, visitors, customers or patrons. It is also the intent o~ this code that certain uses must provide adequate o~-street loadin9 ~acilities. Words ~ are added, words ~:==~ "- ...... are deleted ,, m m Such off-street parkin~ and off-street loading facilities shall be maintained and continued so long as the use continues. (For definitions of "parkin~ space, off-streets an~.sloadinq space, off-streets, see article 6). (Ord. No. 92-73, S2) leo. 2.3.3. geAeral applLoabJ. lLty. Wherever in any sonin~ district off-street facilities are provided for the parkin~ or display of any and all types of vehicles, boats or hea construction equipment, such or not, and ell land upon which vehicles traverse the property as a function of the primary use (including 'drive-in' facilities) hereinafter referred to as *ether vehicular uses, ' such off-street facilities and land shall conform to the minimum requirements of this cede. 2.3.3.1. Repair of existing bui lding or use. Off- street loading facilities shall be provided as set forth in this division. Conforming buildinqs and uses existing as of the effective date of this code mawr be modernized, altered, or repaired vitheut providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity or change in use which would require additional off-street parking. 2.3.3.2 Enlargement of existing building or use. Where a conformir~ building or use existed as of the effective date of this cede and such building or uss is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loadir~ as specified in this cede shall be provided for the additional floor area, volume, capacity, or space so created or used. 2.3.3.3 Chan~e of exitin~ use. Where a use and bulldin~ existed at the e£fective date of this cede and the use is changed after the effective date of this cede and where this cede requires such later and chan~ed use to have ~reater required off-street parking, then additional off-street parking shall be provided for the later and changed use as required under this code. 2.3.3.4 Central business district. Unless other~ise provided, areas designated as the central business district of a community shall not be Words~are added, vords-e~k~e~are deleted required to meet the requirements for off- street parking and loading herein. Such central business districts may be designated on a map or such other documents and materials as are necessary and adopted by the board county commissioners upon recommendation of the planning commission for the purpose of exempting such area from off-street parking and loading regulations. (Ord. No. 92-73, lea. 2.2.4 Off-street vehic~laz faoilitisss desigu I~dl · Off-street parking facilities and other vehicular facilities, both required and provided, shallz 2.3.4.1 Identification. Be identified as to purpose and location when not clearly evident. 2.3 · 4.2 Surfacing. bituminous, concrete or dustless material and maintained in smooth, well-graded condition. Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. Spaces that are not paved shall be compacted, stabilized, well drained and surfaced with a durable grass cover. Driveways, handicapped spaces and access aisles shall be paved. When the development services director determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts, the director may require that these parking spaces no~ be paved. Upon approval of the development services director, a suitable material (limerock excluded) with a suitable stabilized subgrads say be substituted for the above materials. This section 2.3.4.2 shall not apply to single-family dwellings. 2.3.4.3 Drainage and slope. Be drained and sloped so as not to cause any nuisance to adjacent proper~y or to public property or rights-of- way. 2.3.4.4 Lighting. Be so lighted, if lighted, as to shield streets and all adjacent properties from direct glare, excessive light, and hazardous interference with automotive and pedestrian Words MZLd~lJJJllg are added, words s~ek~aht~ are deleted 2.3.4.5 Access. Be arranged for convenient and safe access of pedestrians and vehicles. 2.3~4.6 Internal circulation. Be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle. 2.3.4.7 Striping or marking. Whenever the mr of off-street parking spaces required by this coda is five or more, all parking spaces shall be striped or marked with paint or other suitable pavement marking material. 2 · 3.4.8 landscaping. Be constructed so that interior portions of off-street vehicular facilities not utilized specifically as a parking space or maneuvering or other vehicular use area shall not be paved but shall be landscaped in accordance with this code, specifically division 2.4. 2.3.4.9 had-end aisles. Off-street parking areas shall be designed so as not to oreate dead-end aisles except as may be permitted in accordance with provisions of the Standard Building Code, or other applicable codes referenced within division 1.18. Aisles designed for one-way ~raffic flow shall have painted arrows not less than four feet at each end of the aisle indicating the direc=lon of trays 1 · 2.3.4.10 Redssign. Whenever any par~ of an off-street parking area is redesigned, those pavement markings which no longer apply shall be completely obliterated. 2.3.4.11 Locational requirements. 1 · All required off-street parking facilities shall be located on the same lot they serve or may be located on another lot under the same or different ownership, providede a. The lots are contiqucus or would be contiguous except for a roadway that is not designated as a collector or arterial In the traffic circulation element of the growth management plan; and Words ~ are added, words .see%~--%~ are deleted b. The lot proposed for parking permits parking facilities or the same or more intensive land uses than the -_. lot on which the principal structure is located, or the locational requirements for commercial uses identified in the future land use element of the grcn,"ch managemen~ plan can be met. That in the case of off-site parkin~ facilities proposed to be located on s lot or lots not under the same ~wnershlp as the lots on ~hlch the business or use said parking is intended to serve is located, such off-site parking may' be approved as follows: 1. Subject to the procedures set: forth in Section 2.3.5 of this cede7 or 2. When off-site parking is located on property contiguous tot he property on vhich the business or use it As intended to serve is located and is in excess of the minimum amount of parking required pursuant to section 2.3.14 of this cede. 2, Where off-site parkihg cannot be approved because the properties are not conti~uous as described above, the community development services administrator, after review of a site development plan submitted in accordance vith division 3,3 may allow some required parking to be located o£f-site, provided: a, All of the lots are under the same ownership; b. No off-site parking space is located further than 300 Zest from the building or use they are intended to serve, measured by the shortest: feasible valking distance, unless special circumstances exist under section 2.3.4.11.5; are added, vordse~wk--~h are deleted o. ~he lots are not separated by an arterial roadway as desi~nated in the traffic circulation element of ... the growth management plan; d. At least S7 percent of the required " parking for the development: is located on the lot with the principal structure unless special circumstances exist under section 2.3,4,11,57 and e, The lot proposed for parking permits the same or more intensive land uses than the lot on which the principal structure is located or is commercially zoned. 3 · The community development leTvices administration shell base his determina- tion of requests for off-site parking under section 2.3.4.11.2 on the following raylay criteria: a. The proposed off-site parking facility, including its tn~ress and e~ress, is safe and convenient for motorists and pedestrians; ~. The proposed off-site parking facility does not adversely impact the character and quality of the neighborhood nor will hinder the proper future development of surrounding properties7 and c. Approval of the petition will not oreate parking problems for any neighboring property. 4. Where off-site parking cannot be approved because the property is located in an agriculturally or residentSally zoned district, an application for off-site perking approval ~ay be submitted and shell be processed in conjunction with a site development plan, pursuant to division 3 · 3. The procedural requirements set forth in section 2.7.5 of this code shall be followed in the followed in the review and approval of off-site parking petitions. The board of zoning appeals, after review and recommendation by the planning commission, may approve the request, provided .' Words ~ are added, words e~ are deleted a. All of the lots are under the same ownershipI :. b. No off-site parking space is located further than 300 feet from the building or use they are intended to '- serve, measured by the shortest feasible walking distance, unless special circumstsnces exits [exist] undir section 2.3.4.11.5X c. The lots are no~ separated by an arterial roadway as designated in the traffic circulation element of the growth management planX d, At least. 67 percent of the required parking for the developmen= loeate~ on the lot v~th the prJnc[pel structure unless special cJ=cumstances exist u~der section 2,3,4,11.5~ Words ~ are added, words .e~wq~4~t~e~ are deleted Where · ff-s4t, pm4dnf b propmad for earninertial uses, nil o~ the ~ proposed ~or off4ite parkfur shill meet the locatienal requiremeLt ('or commerchl uses u identified Jn the future land use element the growth mmssi~,,,ent plan or ire desfired to ,rye dependent and/or wster~relat~d um am dascrhd fn the urban fdanthl subdJstrfc~ of the ht~re !and use element or the growth managenent plan~ and Z- '~e off-slte pa:klnf facfilt7 shtll be desfgned to ~itlfate any neg- ative effects or thfs psrldng fadlity ms ndghborfng residenthlly nmed property. Mtfigzt~on shall fnchde, unless ~ly tl) Ko veldcu~r egrm shall occur on local streets opposite Lighetngsb~lbeshlelded, polnfingdownward, and not ~ 20 theentireperbnetarwhereftdirectlyalmtsresidentisllyzoned · Slx-foe4-hlSh sr~hit~-turslly finished wall, f~n~, ':" ~ berm combination and t~n-foot-ta~l shscls trees spaced Ix~rd of xot~S sppsds rosy redu~s ths dx-fe~-hfZh KreenJng requirement to four-foot-high wi.thin front yzrd setback 6. Where the tollowing slxchl ch-cumstanas e2ht, the communt~ de, el. epment services Mndnbtntor or the botrd of zoning sppesb, whicheve t..pp,~_~.. ma redu= the requirement. or s,ct~s 2.3.4.11.2.b trial/or sectfort 2.3.4.11.2.d. These special circumstmnces shall frsclucle, but shall m. Where the propoNd off-sits paridng will serve water-depesden~ b. Where the i,, ~vwed off4tte psrktng will serv, temporsry ptrktnZ for sports ~.,,~s, reltSimss sv~nts, ~ commurdey ~-~,ts as described in se~Jon 2.3.14; e. Where the propesed off-s{te parking will serve uses within the lmmolr. slee central busfness district as c[escTibed in section 2.3.21.4; d. Whm the propreed off-site parking spaces ~ only be far vadet e. Where the ~,ed off4ite psrktng sTmces win be for employees Clintited to a mazLmum of 15 pe,~;,t of the project's tetal parking requirement). 6. The board oZ zoning appeals shall based their determination o£ requests for off-site parking on the foll~inq revie~ criteria: a. The proposed off-site parkin~ facility# including its ingress and soytess, is safe and convenient for motorists and pedestrians; b. The proposed off-site parking facility does not adversely inpac~ the character and qualit neighborhood nor will h~nder proper future development of surroundin~ proper~ies~ c. Approval of the petition will not create parking problems for an~ neighboring property~ d. Other more viable parking solutions are no~ available to the petitioner. 7. When perkin~ is approved under section 2.3.4,11.2 or 2.3.4.11.4, the following provisions shall apply: words ~ are added, words ='.r~=~ ~hr;=;~ are deleted a. The community development services administrator or the board of zoning appeals, ~hichever is applicable, may impose requirements or ~.onditions upon approval as appropriate to promote the public, health, safety, and welfare. These requirements or conditions may include, but shall not be limited toz pedestrian ground level and overhead walkways, traffic signals, traffic control devices, dlrec~clonal signs, controlled ingress and egress, parking setbacks, lighting restrictions, extra landscaping, buffers, screens and limited hours of operation~ b. The owner of the lend upon which such required off-street parking facilities are located shall enter into a writton agreement with the county, to be filed with the clerk of the circuit court, with enforce- ment running to the county providing that the land comprising the required off-street parking facilities shall never be encroached upon, used, sold, leased or conveyed for any se excep~ in conjunction w~e building or use which the required off-street parking facilities serves so long as the off-street parking facilities are required~ c. The owner of the land upon which such required off-street parking facilities are located agrees to bear the expense of recording the heirs, successors, and assigns$ and d. The written agreement shall be voided by Collier County if other required off-street parking facilities are provided in accordance with the requirements of this co~e. 8. Each off-street parking space must be directly accessible from a street, alley or other public right-of-way and all Words ~ are added, words e%~eek-4~a~ are deleted off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street, excluding ' ~. single-family and t~/o-family residential dwellings and churches approved under section 2.3.14, .' 9. No more than ten percent of a shopping center'l total parking requirement may be placed in the rear of the shopping center unless the canter has convenient and well-lighted front and rear accesses for patrons and employees and where the rear buildings are architec~urally finished adjacent to rear accesses. 2.3.4.12 Dimensional standards. 2.3.4.12.1 Minimum aisle widths. Minimum aisle widths shall be as lollowes Angle of Aisle Width Aisle Width Parking (One-Way) (Two-Way) Parallel 12 feet, 20 feet 30 degrees 12 feete 22 feet 45 degrees 12 feet, 22 feet 60 degrees 18 feet 24 feet 90 degrees 22 feet 24 feet ,Fire districts may require these to be increased to 14 feet where an acute turning radius is present. 2.3.4.12.2. Minimum space size. Each parking space shall be a minimum of nine feet by lS feet in size except for compact parking spaces allowed within section 2.3.4.12.3. 2.3.4.12.3. Minimum Compac't space size. In retail commercial pro tots, up to 15 percent, and In all resident~al, office and industrial projects, up to 25 percent of the required parking spaces may be designated as compac~ spaces with minimum dimensions of eight feet by 16 feet. Compac~ spaces will only be allowed in projects requiring 20 or more parking spaces. The compact spaces shall be cjustered in one or more groups of spaces and dispersed throughout the site so that drivers using either compact or full-sized spaces have equal access to the most convenient parking locations. Compact spaces shall be designated by signs on every third space, painted Words Ndl~are added, words :~ru::: ........ are deleted ,e .* 'Compact' on each pavement space and double- striped to indicate their status. Spaces provided in excess of the required number of -.. spaces may all be compact spaces as long as compact spaces never exceed 33 percent of the total number of spaces provided. -- 2.3.4.12.4. Secondary parking form alley access. For any nonresidential development which abuts an alley, a maximum of ten parki' spaces, not to exceed 30 percent of the r~red parking for the proposed use, may be accessed solely from the alley. Said parking spaces shall be clearly marked and arranged in such a manner so that each parking space meets the minimum size required in section 2.3.4.12.2 of this cede. Additionally, these spaces shall be arranged in a manner which alloys for full compliance with any required landscaped buffer requirements. These spaces shall be for the exclusive use of employees and service vehicles and shall be clearly designated as such by appropriate signage. (Ord. No. 92-73 J 27 Ord. No. 93-89, S 3; Ord. No. 94-58, S 3~ 10-21-94) See. 2.3.S Off-street park:rigs shared parking. For the purposes of this section, shared parking shall be defined as: off-site parking on proper~y that normally is not under the same ownership as the structure or use the parking is designed to serve and consists of Joint parking, where parking serves and is credited for land uses on two or more properties, and/or leased parking, where credited parking space is excess to ~he parking requirements of the lot on which it is located based on section 2.3.14. 2.3.5.1 Application procedures. An application fro shared parking approval may be submitted, and shall be processed in conjunction with a site development plan, pursuant to division 3.3. The determination of the request shall be made by the board of zoning appeals, after review and recommendation by the planning commission. The procedural requirements set forth in section 2.7.5 of this cede shall be followed in the review and determination of shared parking petitions. 2.3.5.2. Application contents. The petition for shared parking approval shall include: 1. A site development plan with all necessary attachments, pursuant to division 3.3; Words ]AIIgiE1AD~ are added, words e~k-Waee~jh are deleted 2. The site development plan shall also depict: the proposed shared parking facility and its vehicular access drives ... and parking spaces; pedestrian walkways between the shared parking facility and all buildings or uses they are designed " to connect; lighting and landscapin~ the shared parkin9 facility; and the alternate parkin9 plan or land reservation plan desc~ibed in section 2.3.5,6 unless a minimum ten-year leased parking agreement is prcl~sed7 3. NorarAzed documentation demonstrating that the petitioner has permission for all involved proper~y owners to obtain the necessary approvals and describing all buildings or uses that will be receiving credit for the shared parking including normal operating hours for such buildings or uses; and 4. A proposed shared parking agreement between all involved property owners, with norarAzed signatures, describing the rights and limitations of all property owners and businesses. Such agreement shall bind the heirs, successors and assigns of each such owner. 2.3. S · 3. Requirements for shared parking. Proposed shared parking facilities shall meet all of the following provisions:' 2.3.5.3.1. All parking spaces that are to be shared shall be paved. 2.3. S · 3.2 No shared parking space shal 1 be located further than 300 feet from the buildings or uses they serve unless special circumstances exist including, but not limited 1. Where the proposed off-site parking will serve temporary parking for sports events, religious events, or community events as described in section 2.3.X4' 2. Where the proposed off-site parking will serve uses within the Immokalee central business district as described in section 2.3.21.4; 3. Where the proposed off-site parking spaces will only be for valet parking; Words Lt~lillAtL~are added, words se~ue~-e~eW~are deleted 4, Where the proposed off-site parking viii serve raCer-dependent and/or water- related uses~ and 5, Where the proposed off-site parking viII only be for employees [ limited to a maximum of 15 percent of the proJect's total parking requirement). 2.3.5.3.3. The shared parking spaces shal i not be separated from the buildings or uses they are designed to serve by a roadway designated as a collector or arterial in the traffic circulation element of the growth management plan. 2.3.5.4 Credit for Joint parking spaces. Credit for Joint arktng spaces shall be limited to the follcw[;g amounts s 1. Where the request involves s church and another property ~hose predominant parking demand is between 7z00 a.m. and 6z00 p.m., Monday through Friday, or tvo other properties, where the business hours of one property do not overlap with the business hours of the other property, the credit for Joint parking spaces shall not exceed 50 percent of the minimum required spaces for the property requiring the least amount of spaces. The credit may be applied all to one property or split' between the two properttesl or 2. In all other cases, the credit for Joint parking spaces shall not exceed 25 percent of the minimum required spacos for the property requiring the least amount of spaces. The credit may be applied all to one proper~y or split between the tvo properties. 2.3.5.5. Credit for leased off-s its parking spaces. Credit for leased off-site parking spaces shall be limited in all cases to 35 percent of the land use's parking requirement that the parking spaces are proposed to serve. 2.3.5.6. Review criteria for shared parking. The board of zoning appeals shall base their determination of the requests for shared parking on the following review criteria: Words ~ are added, words s~ are deleted 2.3.5.6.1. The proposed shared parking facility, including its tnqress and egress, is safe and convenient for motorists and pedestrians: 2.3.5.6.2. The proposed shared parking facility will not adversely impact the character and quality of the neighborhood nor hinder the proper future development of surrounding proper~ies~ 2.3.5.6.3. The shared parking plan will have environmental, economic or traffic flow beneflts f~rths communttyy 2.3.5.6.4. The shared parking plan will solve parking ~ liEseel of t 2.3.5.6.S. Other more viable parking alternatives are n~c available for the sub~sc~ propertias~ 2.3.5.6.6. ~ha operating hours, types of land uses, End other a~licable factors are conducive for shared parking at the present time and are likely to remain constant~ 2.3.5.6.7. Approval of the shared parking agreement would be consistent with the future land use element of the growth management plan~ 2.3.5.6.8. Where the shared parking plan shows no land reservation or a minimum ten-year leased parkin~ agreement, the petitioner has demonstrated that the alternative parking plan is feasible at the present time, and should be feasible in the futurey 2.3.5.6.9. Failure of the shared parking plan and the alternative parklnq plan or the minimum ten- year leased parking agreement would not have serious implications on the public health, safety and velfareI and 2.3.5.6.10. Xpproval of the petition will not create parkln~ problems for any nsi~hborin~ property. 2.3.5.7. Conditions of approval for shared parking. Where shared parking is approved under sec~cion 2.3.5.6, the following provisions shall apply: 2.3.5.7.1. The board o~ zoning appeals may impose requirements or conditions upon approval as appropriate to promote the public health, safety and ~elfare. These requirements or conditions may include, but shall not be Words ~ are added, words e4~eeN-~s~h are deleted limited to: pedestrian ground level or overhead walkways, traffic signals, traffic control devices, directional signs, signs to designate shared parking spaces, lighting standards, extra landscaping, buffers, screens and limited hours of operation; 2.3.5.7.2. The shared parking agreement shall be recorded in the public records of Collier County, Florida at the ovner's expense. Collier County shall release the par~ies to the shared parking agreement arMt from the terms thereof, if other required off-street facilities are provided in accordance with the requirements of this ordinance; and 2.3.5.7.3. The board of zoning appeals shall determine that the minimum ten-year leased parking agreement or the alternative parking plan is feasible or the petitioner and/or owner of the shared facility reserves sufficient land areas required to meet future parking needs. A land reservation shall be required for all shared parking approvals except where the shared parking is between a church and another land use or only between existing structures for Joint parking or an existing structure for leased parking that have received certificates of occupancy. Such land reservation may include an~ number of parking spaces so long as there are sufficient spaces to accommodate the parking needs of both the sharing facility and the facility needing the sdditional parking. This reservation shall be recorded In the public records of Collier County, Florida at the owner's expense. Collier County shall release the parties to the land reservation agreement from the terms thereof, if other required off-street facilities are provided in accordance with the requirements of this cede. (Ord. No. 92-73, S 2) See. 2.3.6. Off-street parkings uses not specifically mentioned, Requirements for off-street parking for uses not specifically mentioned In this division shall be the same as for the use most stmllar to the one sought, or as otherwise determined bv the Plannind Services Director pursuant to Section 2.3.9 of this Code it being the intent of this code to require all uses to provide off-street parking, unless specific provisions is made to the contrary. (Ord. No. 92-73, S 2) Words ~ are added, words ~ are deleted See. 2.3.7° Off-street parkingx fractional measurements. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or ~reater than cne-hal£ shall require a full off-street parking space. Sea. 2.3.2, OZf-stzaet parkings msas~raont. Where this cede requires off-street parking based on various types of measurements, the rallying rules shall apply: 2.3.8.1. Floor area means, for the purposes of this division only, the ~ross floor area inside the exterior walls, unless otherwise specifically indicated. 2.3.2.2. Xn hospitals, bassinets do not count as beds. words ~ are added, words ='-r=ch =hrcu;.~. are deleted 2.3.8.3. In stadiums, sports arenas, houses of worship, and other places of public assembly where =. occupants utilize benches, pews, or other similar seating arrangements, each 24 lineal inches of such seating facilities count as one -' seat. 2.3.8.4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased An ratio to the increase of the number of employees. (Ord. No. 92-73, S 2) sec. 2.3.9. Off-street psrkingx minimum requirements. Irrespective of any other requirement of this code, each and every separate individual store, office, or other business shall be prov~dod with at least one off-street parking space, unless specific provision is made to the contrary. The Plannina Services Director may determine the minimuT Darkins reauirements for a Use which is not sDeci[icall~ referenced below or for which an applicant has provided evidence that a SDeOifiC use is Of such a unioue nature the aPPlicable minimum Darkins ratio listed in this Cod- should not be aPPlied. In makin~ such a determination Plannin~ Services Director may reouire submission of Darkin~ aerieration studies~ evidence of Darkinu ratios e~Dlied by other counties and municipalities for the SDeCifiC USe~ reserved Darkins Pursuant to Section 2.3.14: and other conditions and safeouards deemed to be a~Drooriate to ~roteC~ the ~ublic health. safety and welfare Sen. 2.3.10. Off-street parking! Darkinn provided over above the minimum Darkins reauirement. DeveloPers Drovidina off-street Darkinn in excess of reauirements of this code shall be rem/ired to Drovide doubt- the resulted interior landscanine as resulted by Section 2.4.5.2 for those Dro~ects resulted by this Code to ~rovid- in excess of two hundred [200) sDages. 8ec. 2.3.11. Off-street Darkinaz ~arkina lots exceedins 20 spaces. Developers prowidths DarkinS lots in excess of 200 Darkin~ spaces may surface 15% of the reaulred off-street oarkina sDaceG in arass which shall be compacted. stabilized. well ~rained and surfaced with a durable arass cover. Such ~ras~ Words~ are added, words eet~M~e-~k are deleted uarki~ suaces shall be l~atc~ alone the ~tlvina u{rimeter of the Parkind lot. Driveways. handica~ued spaces and access aisles shall be oaved. All ~assed oarkind soaces shall be includ~ in the water manedemerit cal~lations ~or site d~l~ent olan revi~, Se~ · 2 · 3 ,~, OZZ-strest p~kings sncroa~ent proh~itsd, ~lr~ of Z-street parking shall h l~ated so that no aut~lvs vehicle when parked shall have any potion of such vehicle ~erha~i~ or enffoaching ~ ~blic right-oZ~ay or the ~e~y of another. l~ necessa~, ~eel st~s ~ier~ ~y ~ retired in order to enZorce this lee · =. 3 .~. O~-strsst p~king s not to be reduced or c~n~sd. ~lr~ o~f-street parkin9 accordin9 to the re~ireents o~ ~is ~e shall not ~ reduc~ in area or c~nged to any ~er use ~less ~e penitted or penissible use ~at sexes is discontinued or m~ified, or e~ivalent r~ired off-street parkin9 is pr~id~ meetin9 the re~irements o~ ~ls c~e. Bec. 2.3.~. OZZ-strest parkin9g Eese~ation. ~ere ~e develo~r ~lieves ~at the parkin9 spaces r~red for a specific proJe~ are excessive, ~at dsvel~er r~est a rese~ation oZ ~t parkl~ spaces ~at arm de~ excessive. ~ a~lication to rese~e oZ~-street parki~ shall ~ processed t~ough the noml variance procedures, ~t s~ll not ~ sub~e~ to the variance revi~ s~rds list~ in se~ion 2.7.5.6. of this c~e. If the parki~ rlsl~ation is a~r~ed ~ the ~ard of zonin9 a~eals after review and rsc~endatton ~ the plannin9 c~isston, the dewslUr shall resets an area that is sufficient in size to pr~idt this parking, in case the parkin9 is needed in the fut~e. ~e developer shall provide additional landscapln9 (~ses a~ sh~bs). ~ls increased landscapin9 shall ~ the samt ~rcentags increase ~er the noml retired landscapin9 ~at ~e parkin9 spaces were appr~ to ~ reduced ~, and Zu~er pr~idedz 2.3.~.1. A site dewsilent plan Is su~itted to [the county] and appr~ in accordance with se~ion 3.3.5. 2.3.~M.2. ~e ~er of the land u~n which such parkin9 is ~in9 rese~ed shall enter into a witten agreemen~ with the count, to be filed with the clerk of the cir~it court, with enforcemen~ runnin9 to the county ensurin9 tha~ the rese~ed parkin9 area shall never words ~ are added, words :'.:=:~ ........ are deleted encroached upon, used, sold, leased or conveyed for any purpose except in conjunction vith the building or use vhich the reserved parking area serves so long as the off-stree~ parking facilities are required. 2,3,~914,3, The owner of the land upon which such reserved parking area is located agrees to bear the expense of recording the agreement, which agreement shall bind his hairs, successors or assigns, 2,3,4~14,4, The written agreement shall be voided by the county if the reserved parking area is converted to usable parking area or if the reserved parking area is no~ longer required. 2.3 -~Ja. 5. Any other condition(s) that the board of zoning appeals determines appropriate with a recommendation of approval. Such condition(s) may include provisions of escro~ money that can be used to develop the parking spaces at a later date, if necessary. (Ord. No. 92-73, S 2) leo. 2,3,.~1.15 Reserved, See. 2.3.%41~. Off-street parking and etackingz re~uired amounts o Minimum off-street parking space recluirements are set forth below. Where stacking is required, the amount listed does not include the first vehicle being serviced (for drive-in windows, stacking starts tan feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for o,e lane may be reduced if the reduction is added to the other lane(s). Airport (civil aviation) 1 per 600 annual enplaned passengers. Airport (general aviation) 1 per each aircraft tiedown/ storage/maintenance area. Ar~ gallery or museum 1 per 300 square feet of floor area open to the general public. Archerv Fields 1 per 1.5 tarcat practice stalls. Athletic fields 4~ 2a spaces for each athletic field (baseball, softball. football ~ ..... , soccer, Words ~ are added, words.=~r=zh =.~==~g.% are deleted et~ · ) o The development services administrator~ or his designee~ may adminis~ra~ively reduce =' this requirement where the applican~ can demonstrate a .' reduced need for the required parking due to the type of athletic facility or where shared parking may be provided on adjacent publicpropertT. Urassed parking may be permitted for not more than 50 percent of the provided parking. Auto Kaintenance center 1 per 250 square feet. (dr4ve-through) Stacking for S vehicles for the first bay and 2 for each add~tional bay. Auto service station 3.5 per service bay or 1 per 250 square feet, whichever is greater. Auto/truck/trailer I per 500 square feet of roofed leasing building area plus 1 per 2,000 square feet of paved cutdoor vehicle storage area. These spaces shall not be used for the parking of rental vehicles. Auto/truck/boat/motorcycle 3 spaces. plus one per repair services bay or I per square feet of leaseable area, whichever is greater. Auto/truck/beat/motorcycle/ I per 400 square feet of reoreational vehicle sales building area except service/ or dealership body shop buildings which are 3.5 per service bay or I per 500 square feet, whichever is greater~ plus I per 2,000 square feet of cutdoor sales/ display area· Auto/truck washing 1 for self-service wash facilities and I per employee of the largest shift for automatic wash facilities. Stacking for 2 vehicles per stall for self-service wash bays and stacking for vehicles per automatic car- wash lane. Words~are added, words e~eek~ax~e~are deleted Bank or Zinancial I per 250 square feet on the institution first floor and 1 per 300 square feet on any other floors. Stacking for ~ vehicles for each drive-up window not to exceed a total requirement of 25 vehicles. Barbershop/beauty I per 200 square feet or 3 per parlor/hair salon barber/beauttctan haircutting chair, whichever is greaterv~ and 1.5 per station or booth for nails. massaces. faCtals- suntanning. etC, Beverage center (drive- I per 250 square feet. Stacking through) for 5 vehicles for the first drive-through aisle and 2 for each additional aisle. ahtaJl_IL~ Minimum 10 soaces uer ramp With dimensions of 10 feet wide by 40 feet lona. Vehicular Uarkin~ shall be provided a~ · spaces per rampe Boat storage (Only for dry storage on a site that has no water access for boats and those not associated with a self-service storage facility), I per 12 dry boat storage spaces. · B~tlina Establishment 1 per 500 s~uare feet of bulldine ares. Office areR shall be calculated at I eer 275 s~uare feet. Bowling alley 1 per 200 square feet for bowling area which also includes parking for locker room area, bowlers' seati.g/ approach area and storage area plus 1 per 150 square feet for all other uses including offices, snack bars, lounges, game/pool rocks, and sales areas. Words ~ are added, words =truck ........ are deleted Building supplies/ (Only for retail sales where lumberyard the supplies are primarily stored outside), I per 275 square feet of inside retail/ ~' office area plus I per 1,500 square feet of enclosed or roofed storage structures. ~VjJ3gJh~R I per 500 sauare feet. Sales and diSPlaY areas shall be computed at 1 per 250 sauare feet and o[fice area shall be computed at I per 3Q0 s~Jare feet. Child care/day nursery/ I per employee of the largest adult day care center yorkshift plus 1 space for every 10 childrenv/adults. addition, adequate dropoff and pickup areas shall be provided. Church/house of worship/ 3 for each 7 seats in chapel or temple/synagogue assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of I space or each 4 seats, may be applied for in conjunction with an application for a site development plan, through the board of zoning appeals after review and recommendation of the planning commission. This reduc~cion will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. A stacked or other parking plan shall be submitted with the application which will demonstrate that the vehicl~ parking will not have negative impacts upon neighboring properties and will provide adequate access for emergency vehicles. Words ~ are added, words e%e1~K~el~h are deleted Coin-operated (laundry, I per each 2 washing machines. self-service) Commercial laundry I per 500 sadare feet of Convenience store/ I per 200 square feet plus 1 delicatessen/takeout for each 2 seats provided for prepared food store food patrons~ 5 vch!=l:: Dance, art, ~slc studio I per 250 square feet. DJ~C_ValIJ/Lt~ I DoT 30Q Irmare feet. Equipment retail store I per 500 square feet plus 1 per 2,000 square feet of outside storage/display areas. E/ja_I~EXJ~ I per area or I Per vendor disDla~ booth. whichever is areatar. Funeral home/ore~atortes I per 75 square feet for room used for services and chapels and I per 300 square feet for all other uses. l~al~tttt/re/cal~t/nJor I per 600 square feet (this a~pllance store includes retail, office and storage areas). Golf course 4 per hole plus I per 200 square feet for offtce/lob~// pro shop/health club/clubhouse/ lounge/snack bar/dining/meeting room areas and 50 percent of normal requirements for exterior recreation uses tncludlngs swimming pools, golf driving ranges and tennis codfie. Golf cart, golf bag and equipment storage roomsl maintenance butldingsi and rooms for mechanical ec/ulpaent shall be coated at I per 1,000 square feet. Words ~ are added, words ~ are deleted Colf driving range I per 2 driving tees and I per practice putting green plus normal requirements for any structures. Golf (miniature) 1.25 per hole plus normal requirements for any structures. Helip~, helipad, I per 2 helicopter tiedovn/ ultralight flight park storage/service areas plus 1 per 5 ultralight tiedovn/storage/service areas. Hospital 11 per 5 patient beds. 11 per 10 guestrooms (this includes the required parking for the hotel office and all accessor~ recreational facilities that are open to hotel guests only). Accessory uses shall be computed as lollowes 50 percent of normal requirements for restaurants, 1 per 400 square feet for other retail uses, I per 100 square feet for meeting rocans, ball- rooms and convention rooms and I per 100 square feet for lounges, bars and nightclu~. Industrial use/activity I per 500 square feet or I per manufacturin~/Rrocessina employee evof largest work- (not otherwise listed) shift, whichever is greater. Office/retail areas shall be computed at I per 275 square feet. Interior decorator/desicn I per 300 souare feet o= JunkTard, salvage yard I per 500 square feet of roofed area plus I per 15,000 square feet of outside storage area. Kennel~ 1 per 200 square feet except for animal holding areas. 1 per 10 animal holding areas. Words underlined are added, words ~ are deleted ~ 2 per employee of larcest vshift. LilTraL~f, cozumanity 1 for each 200 square feet or l rec~eattonal facility for each 3 seats, whichever is greater. -' Lounge, bar, ]~;t/ag~aAl~ I per 50 square feet plus I per nightclub, pool hall 75 square feet for any outdoor (drinking establishment) eating/drinking areas. Marina, boats1 I per 2 wet boat slips excluding those used for charter boats plus 1 per S dr~ boat storage spaces. Wet slips used for charter boats (Including those for fishing, she 1 ling, diving, and sightseeing purposes} are computed at I per 3 boat passengers based on the maxtnnlm numJ~er of passengers and charter boats used for dining- are computed at I per 2 boat passengers based on the nmxim numbor of passengers. Each parking space provided to meet the marina's boat slip or dl7 storage parking requirements ~ay also be credited towards meeting 100 square feet of the parking requirements for the marina or any permitted marina-related activities excluding restaurants, lounges/bars and private clubs. Uses not receiving credit from parking provided for boat slips or dry storage spaces shall provide parking at the noises1 rats for those uses as required within this code. Medical/dental office or I per 200 square feet. clinic (outpatient cars facility) Model home sales office/ 4 for the first unit and 1.5 center for each additional unit. Words BIId~ElJalKd are added, words et~~ are deleted Motel 12 per 10 questrooms (this includes the required parking for the motel office and all ~ accessory recreational facilities designed primarily for motel quests). Where accessory uses are designed primarily for motel quests, they shall be computed as follows: 67 percent of normal requirements for restaurants, 1 per 350 square feet for other retail uses, I per 100 square feet for meeting rooms, ball- rooms and convention rooms and I per 75 square feet for lounges, bars and nightclubs. Nursery, plant (retail) I per 250 square feet of roofed and enclosed building area plus I per 2,000 square feet of outside display area open to the public. Nursery, plant (wholesale) I per employee of largest work- shift plus I per 10,000 square feet of display area and I per acre of growing areas. Office I per 300 square feet. Office (contractor's) I per 300 square feet per office area and I per 1,000 square feet per [of] roofed storage area plus I per each company vehicle that will be parked overnight. Post office I per 100 sauare Private organizational I per 100 square feet or 1 per club e~ lodge. or 3 seats that will be set up at fraternal oraanization any time, whichever is greater. This shall be computed on all areas used for offices, meeting rooms, restaurants, dining rooms and indoor recreation. Other uses such as marinas, retail areas and outdoor recreation areas require additional parking at normal requirements. · Words ~ are added, words ~ are deleted Printina establishment 1 per 5gg sauare feet of buildina area. Retail sales area 2h~ll be calculated at 1 per 2~0 s~uare fee= and office area shall be calculated at 1 -- Der 300 souare feet. Public buildings (fire, 1 per 200 s are feet for emergency medical service administratFve office and area or sheriff station and Jail) 2 per employee of the larges~ shift for all other areas plus I per S prisoners based on the maximum holding capacity for any Jails. Recreation facilities I per 100 square feet. (indoor) sports, exercise, fitness, aerobics, or health club/skating rink/ game room/bingo parlor Recreation facilities 3 per court plus other uses as (outdoor} tennis, raccfuet- required. ball or handball courts Research laboratory I per 300 square feet of office area plus I per 500 square fee~ of other areas or I per employee of largest workshift, whichever is greater, plus 3 for visitors. Residential uses= Boarding/rooming house, bed I per rented room plus 2 for and breakfast residence ovners/employees. Convalescent home, nursing 2 per 5 beds. home, home for the aged, rehabilitation facility Duplex 2 per dwelling unit. Single-family house, town/ 2 per unit. row house, mobile home, gllesthouse, caretaker's residence Dormitory/fraternity/ 1 per 2 beds. PlUS I Per sorority manaaer. plus 1 per employee. words B/lji~aaa~are added, vordsst~aek--~ax~are deleted NUltifamily dwellings All units shall have I per unit plus visitor parking computed at 0.5 per efftcienc3/ unit, 0.75 per 1-bedroom unit, =' and i per 2-bedroom or larger unit. Office/administrative -~- buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily proJec~ and intended only for the residents of that project, exclusive of golf courses/club- houses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are ,within 300 feet of the recreation facilities. However, any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Nursing home Family care facility, group care facility (category I an category II), and care unit, see section 2.6.26 of this code. Restaurant (walk-up or I per 80 square feet ~ drive-through with walk-up ~ including outdoor window end/or outdoor eating areas or I per 2 seats, seating) whichever is greaterva__~ non ~ublic use areas fkitch~. storaae. freezer. etc.) 1 200 ~auare feet. A stacking area of 9 vehicles for the first drive-through lane and for any additional drive- through lanes. Words Mll~ are added, words ees-ael~ are deleted Restaurant (drive-through I per 100 square feet. A wi~h no walk-up window or stacking area of 10 vehicles ou~oor seating) for the first drive-through lane and 7 for any additional ~' drive-through lanes. Restaurant (fast food) I per 70 square feet for Dubltc use areas including outdoor eating areas or I per 2 seats, whichever is greaterv~ non Dublit use areas [kitchenL storace. freezer. etc.} I per 200 souare feet. A stacking area of 9 vehicles for the first drive-through lane and 4 for any additional drive- through lanes. Restaurant (sit-down) I per 60 square feet ~ ~ including outdoor eating areas or I per 2 seats, whichever is greaterv~__~l~/~= non ~ublic use areas (kitchen. storaae. freezer. etc.} 1 DeT 200 souare feet. Credit for boat slip parking is allowed where the slips have all necessary permits and are located on navigable waterways, using the formula I boat slip - I vehicle space, provided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant. Credit for boat slip parking shall be limited to a maximum of 10 percent of a restaurant's required parking not to exceed a total credit of 10 parking spaces, with the amount credited determined b~ the development services director based on the likelihood or restaurant customers using these wet slips during peak business hours of the restaurant. Words~are added, words et-~ea~are deleted Retail shop or store (not I per 250 square feet of other~ise listed} and indoor/outdoor retail and dopart~ent stores office areas plus i per 500 °' square feet for indoor/ou~oor storage areas that have no '- access for the general public and partly enclosed or open air garden centers. Schoolsz Business ichool/vo-tech 2 per 5 students plus 4 per 5 faculty/staff members. College/university 2 per 5 commuter students plus I per 2 resident students plus 4 per 5 faculty/staff members. Elementary/Junior high 5 per 4 staff/faculty members. school Senior high school I per faculty/staff member plus i per 5 students. Shopping center I space per 2~S250 square feet for centers with a gross floor area less than 400,000 square feet and not having significant cinemas/theaters (none or those with a total cinema/theater seating capacity of less than 5 seats per .1,000 square feet of the shopping center's gross floor area}. I space per ~=7~200 square feet for all other centers. No more than 20 percent of a ShODDine center's floor. area can be composed of restaurants without ~rovidina additional _parkind for the area over 20 percent. Regional shopping center parking requirements shall be based upon gross leasable floor area which shall include any common area that is leased or used for retail activities. Rear parking requirements: When more than 10 percent of a shopping center's total parking requirement is placed in the rear of the shopping center, the center shall have convenient and well-lighted Words ~ are added, words eef~ek-e~pe~ are deleted front and rear accesses for patrons and employees and the rear buildings shall be architecturally finished ~' adjacent to rear accesses. Sports arena, stadftrm I for each 3 seats/patrons {outdoor}, racetrack, allowed to stand or i space per theater, cinema 40 square auditorium, or public seatina/standina areas, which- assembly area not other- ever is greater ~lus i for each wise listed emDlovee/nonT[Dectator who will be present durina merformances ~xcluding those arriving by buses. Bus Darkina is required when employees. non-spectators or spectators ~W~I be arriVina S~eBlel. commercial Tidina I per every 2 W~alls. stable. boardine stable. livery stable and dude ranch =llo~=d ~e =tend e.~ =~=c= Storage facility (self- I per 20,000 square feet of service) storage buildings plus 1 per 50 vehicle/boat storage spaces plus I per 300 square fee~ of office areas. Minimum of 4. Supermarket/~rocerv! I per 29050 square feet Supermarkets shall also meet the green space requirements and rear parking requirements as shown parsuant to shopping centers as set forth in this section. Words~are added, vordse~e~--%~-ee~hare deleted ~wimming pool/hot tubs/ I per 75 square feet of water spas (outdoor) areas for the first 1,000 square feet and i for each ~' additional 125 square feet of water areas. A single-family ,. house is exempt from this requirement. Taxi stand/office I sD~ge for each employee on the 1attest workina shift. PlUS I space per taxi. Television/radio studio 1 per employee of largest shift or I per 400 square feet, whichever is greater~ plus 3 for visitors. Temporary parking for In the case of a church, sports events, religious community or other spor~cing events or community events event which operates on an intermittent or seasonal basil, the required off-street parking may be provided on a temporary basis and need not be permanently designated, paved, drained, or landscaped, provided the use has been approved and [a permit] issued by the development services directors in accordance with applicable standards for the use. Travel trailer/recreational I per campsite lot or other vehicle park campsite TTRVC lot. Warehouse, wholesale I per 1,000 square feet except establishment for sales/office areas which are 1 per 275 square feet. Vested proJectsz All types of site development plans that have been formally submitted or approved by January 29, 1991, will be exempt, at the election of the applicant, for the new parking requirements of section 2.3.14 as long as commencement of construction occurs on the project by January 29, 1992. Furthermore, amendments to these exempted site words ~ are added, words e~d~ek--~4~-ee~ are deleted development plans will also be exempted, at the election of the applicant, but only where the amendments are considered an insubstantial change per section 3.3.7. For this subsection, "commencement of construction" means the physica~ act"' of constructing or installing on or in the property substantial infrastructure as approved in the final approval of the site development plan. Where this paragraph conflicts with any portion of section 1.5.2, this paragraph shall prevail over section 1.5.2. (Ord. No. 92-73, S 2; Ord. No. 94-27, S 3, 5-1S-94) Seo. 2.3-1eZ Off-street loading: specifications. Off-street loading facilities are required by this code so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and automotive vehicles and so that adequate space will be available for the unloading and loading off the s~reet of goods, materials, or things for delivery or shipping. Off-street loading facilities supplied to mee= the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used for or counted as meeting off-street loading requirements. 2.3.1~1.1. When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space,' the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. 2.3.1el.2. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space or Off-street parking space. Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. (Ord. No. 92-73, 5 2) See. 2.3.1~J. Off-street loadings~ plans required. words underlined are added. words e~,~ek-J~eeeqh are deleted A plan shall be submitted with every application for a building permit for any use or structure required to provide oft-street loading facilities. The plan shall accurately degignate the required off-street loading spaces, access thereto, dimensions and clearance. -. Sea° 2o3.1~9. Off-street loading= reservation. Areas reserved for required off-street loading in accordance with the requirements of this code shall not be reduced to [in] area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off-street loading is provided in accordance with the requirements of thia code. See. 2,3.%e20. off-street loadingx combined off-street loading. Collective, Joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby. See. 2.J.~eLt. Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows= 2.3..921.1. EaCh retail store, warehouse, wholesale establishment, industrial activity, terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use which has an aggregate floor area of: Square Feet Number of Spaces 5,000 but not over 10,000 1 10,000 but not over 20,000 2 20,000 but not over 50,000 3 Plus one additional off-street loading space for each additional 25,000 square feet over 50,000 square feet or major fraction thereof. 2.3..921.2. For each multiple-family dwelling facility having at least 20 dwelling units but not over 50 dwelling units: one space. For each multiple-family dwelling facility having over words underlined are added. words e%~ee$~t4~e~qh are deleted 50 dwelling units: one space, plus one space for each additional 50 dwelling units, or · major fraction thereof. 2.~f&Pal.3- For each auditorium, convention hall, exhibition hall, museum, hotel or motel, -. office building, sports arena or stadium, two or more buildings or uses may be permitted to combine their off-street loading facilities, provided that such off-street loading facilities meet the requirements of this code, are equal in size .and capacity to the combined requirements of the several buildings or uses, and are designed, located, and arranged to be usable thereby; hospitals, sanitariums, welfare institutions, or similar uses which have an aggregate gross floor area of: over 5,000 square feet, but not over 20,000 square feet: one space; plus for each additional 25,000 square feet (over 20,000 square feet} " or major fraction thereof: one space. 2.3.4~21.4o For facilities in section 2.3.19. not of sufficient size to meet the minimum requirements set forth therein, each such facility shall provide off-street loading on the property, in accordance with section 2.3.19, to insure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the parking of a delivery vehicle. 2.3.~9a1.5. For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. 2.3.~21.6. Minimum loading space size. Each loading space shall be a minimum of ten feet by 20 feet in size. (Ord. No. 92-73, S 2; Ord. No.94-SS, S 3, 10-21-94) Sea. 2.3.2422. Off-street parking spaces required for disabled persons. 2.3.20.1. ~-~,~-, ....... ~-~ .... x_~_,__~ 3.3.2~.I I e~e e~eee ~t~ .4_ ~tmme~ "~-~-"- building malnt=ine~ en~ epcratcd with funds and intcndod for ~ee by ~ publicr Words underlined are added, words.e~are deleted ; --- rams M ........ , hczpital;; e ~ ' .......... shall be ..... ~*~ ~ ........ ~-- rchabllitatlon Any business, ft~, corporation, person, other entity, ....... ~ ..... ~ J-J '*- ~ ~.].~0.1, which operates or maintains a ~tldtng which is ~sed ~ the publlo or vhtch ~e public has access shall pr~tda specially desired and marked motor vehicle parktnq spaces for the exclusive usa physically disabled persons. in accordance with the ~ericans with Disabili~ies Act IADA) of 1990. ~ese ~idelines are ~o be avolied durin~ the design. const~ction and alteration of buildings and facilities covered ~ Title~ IX and III of the ADA to the e~en~ retired ~ re~la~ions issued by Federal aaencies, includin~ the Deoa~men~ of Justice and tba DaDartman~ of ~ans~a~ion under the ADds A parkinq lo~ se~tctnq any ~i ldtnq entrance pathray to a ~ildinq shall have a number of level parkinq spaces, as se~ fo~h in the foll~in9 table, identified a~veqrada siqns, ~ ~:cvldcd ~ 2.:.2C.:.~., as ~tnq rescued for physically disabled persons: Total Spaces Retired Num~r of In ~ Reserved Spaces Up to 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 Words UDderlined are added, vordse~e~--~4~are deleted Total Spaces Required Number of in Lot Reserved Spaces ~. 201 to 300 7 301 to 400 8 401 tO 500 9 " 501 tO 1,000 2% Of total 1001 and over 20 PlUS I for each 100 over 1.000 2.3.20~.3. ~T~=C~iO ~ a~d ~c=Ign~ Parkin~ spaces ProVided for the eX~lusive use of PhYsicallY disabled oersons serving a particular buildina shall be located on the shortest accessible route of travel from adjacent Darkina to an accessible entrance. In Darkin~ facilities that do not serV~ a particular buildin~. DarkinQ shall be located on the shortest accessible route of =ravel to an accessible pedestrian entrance of the DarkinQ facility. In buildin~s with multiple accessible entrances with adiacent parkinG. Parking spaces shall be dispersed add ~oG~t¢d closest to the accessible entrances. 2.3.29~.3.1. All spaces shall have accessibleitv thcrct= to a curb ramp or curb cut, when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles. 2.3.2e~.3.2. Diagonal or perpendicular parking spaces shall be a minimum of 12 feet Qidev by 18 feet long and provide a 5 foot wide bv 18 feet lo~ passenger loading zone adjacent and parallel to the Darkin~ space. 2~2.20.~,3, ~ ~ e~sees shall be located ~uch~~ ~e ~ which will 2.3.29~.3.~L Each such parking space shall be ~ consD~ousl~ outlined ~ in blue paint~ and shall be posted ~ with a ~ ~ pemanent. above-~rade sign Words underlined are added, words e~Mek~ are deleted transport:rich, bearing the internationally accepted wheelchair syTnbol -and ~cessibilitv or the caption "PARXING BY ~. DISABLED PERMIT ONLY~", ~[. bearing both such symbol and caption. All handicapped parking spaces must be signed and marked in accordance Fith the standards adopted by the Department of Transportation. (Ord. No. 92-73, S 2) Beo. 2.3.2~. St, at14ai,4e -fop ~ v2Fal-f-~ ~he ee~%~.%% b~e~.eee ~,~t.z~Le%TAND~RDS FOR PARKIN~ WITHIN T~B I]{MOKALEZ CENTRAL BUSINESS DISTRICT. 2.3.2&1.1 Primary area. Lots, parcels, or uses which have frontage on West Main Street (SR 29) or First Street (CR 846) shall comprise the primary area. 2.3.251.1.1. Existing uses. Uses in existence as of the effective date of this code are exempt from the minimum parking requirements as set forth in section 2.3.14 except.that existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this code. 2.3.2&1.1.2. Expansion. The expansion of any use shall require parking at 50 percent of the minimum requirement as set forth in section 2.3.14, for the expansion only. 2.3.251.1.3. Change in existing use. A change of any use shall be exempt from the minimum parking requirements as set forth in section 2.3.14 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity of greater that [than] one space per 100 square feet shall require parking at one parking space per 150 square feet. 2.3.2~1.1.4. Uses in new buildings. Any use in a building constructed after the effective date of this code will be required to provide parking at 50 percent of the minimum requirement as set forth in section 2.3.14. 2.3.253.2. Secondary area. Lots, parcels, or uses which do not have frontage on Main Street or First Street shall comprise the secondary area. Words underlined are added, words etruck-~hm~ are deleted 2.3.2~.2.1. Existing uses. Uses in existence as of the effective date of this code are exempt from =. the minimum parking requirements as set forth in section 2.3.14 except that existing uses shall not reduce the number of spaces below " that which is provided as of the effective date of this code. 2.3.2~.2.2. Expansion. The expansion of any use shall require an addition to any parking of the minimum number of required spaces as set forth under section 2.3.14, for the expansion only. 2.3.2~.2.3. Change in existing use. A change of any use shall be exempt from the minimum parking requirements as set forth in section 2.3.14 up to an intensity level of one parking space per 100 square feet. A change of use to an intensity greater than one parking space per 100 square feet shall require parking at 50 percent of the minimum requirement as set forth under section 2.3.14. No change in use shall allow for a reduction of the current number of parking spaces provided. 2.3.2~.2.4. Uses in new buildings. Any use in a building constructed after the effective date of this code will be required to provide parking at 67 percent of the minimum requirement as set forth in section 2.3.14. 2.3.2~1.3. Off-site parking agreements. In no way shall3the provisions of the Immokalee central business district (ICBO) be construed so as to prevent establishments within the boundaries from taking advantage of off-site parking arrangements as set forth in section 2.3.4.11. Furthermore, the maximum distances set forth in section 2.3.4.11 shall be increased to 600 feet within the boundaries of the ICBD. Properties within the ICBD entering into off-site parking agreements with properties outside the ICBD may utilize the 600-foot rule. 2.3.2½A.4. Boundaries of the district. The physical limits of the Immokalee central business district (ICBD) are as shown on the official zoning atlas map of the subject area, and as described below: Words underlined are added, words e~ek~ are deleted Beginning at the intersection of First Street and Third Avenue, the ICBD boundary proceeds westerly along the centerline of Third Avenue to its intersection with North Fifth Street to its intersection with Second Avenue, then westerly along the centerline of Second Avenue to the northerly extension of the east line of Lot 33, Block A, Joyce Park Subdivision; then southerly along said lot line to the southeast corner of said lot, then westerly along the south lot line of Lots 33, 34, and 35 to the southwest corner of Lot 35, then northerly along the western lot line of Lot 35 to the centerline of Second Avenue, then westerly to the centerline of North Ninth Street, then southerly to the westerly extension of the north lot line of Ix3t 12, Block 6, Carson's Subdivision, then easterly, northerly and easterly with the north lot line of Lot 12 and continuing easterly to the northeast corner of Lot 6, Block 4, Carson's Subdivision, then southerly to the centerline of Boston Avenue, then easterly to the centerline of Fourth Street South, then southerly to the western extension of the south lot line of Lot 5, Block 9, Carson's Addition Subdivision, then easterly to the centerline of Third Street South, then southerly to the centerlime of Colorado Avenue, then easterly to the centerline of Second Street South, then southerly to the centerline of Eustis Avenue, then easterly to the southern extension of the centerline of Fahrney Street, then northerly with the centerline of Fahrney Street to the centerline of Delaware Avenue, then westerly to the southern extension of the east lot line of Lot 14, Block 1, Mainline Subdivision, then northerly to the centerline of Rose Avenue, then westerly to the centerline of South First Street, then northerly to the point of beginning. (Ord. No. 92-73, S 2) Seo. 2.3.22~ STANDARDS FOR PARKING WITHIN THE MARCO LAKE DRI~rE BUSINESS DISTRICT (MLDBD). 2.3.2~.1. Location of Marco Lake Drive Business District: The Marco Lake Drive business District is hereby created. The Physical words underlined are added, words =t=u~k t~rou~ are deleted Limits of the Marco Lake Drive Business District (MLDBD) are depicted on the Official Zoning Atlas Map of the subject area. All of the lots which constitute the MLDBD are zoned commercial and have frontage on Marco Lake Drive. The MLDBD is further described as Lots 1 through 31, Marco Highlands Subdivision, as recorded in Plat Book 3, Page 72, of the Public Records of Collier County, Florida. 2.3.2~.1.1. Existing Uses: Uses in existence as of the date of approval of this amendment (April 19, 1995), are exempt from the minimum parking requirements as set forth in Sec. 2.3.14 subject to the following conditions: 1. Existing uses shall not reduce the number of spaces below that which is provided as of the effective date of this amendment. 2. The Strip of Parking located along the eastern edge of Marco Lake Drive is designated Public Parking, no storage of commercial vehicles or overnight parking shall be permitted thereon. 2.3.2~.1.2. Expansion or New Development: Parking to support any new development within the boundaries of the MLDBD shall be provided at seventy-five percent (75%) of the minimum requirement as set forth in Sec. 2.3.14 for uses which have a parking intensity of one (1) space per two hundred f200) square feet or less, for the square footage of the expansion or new construction only. Any expansion or new construction for uses having a parking intensity greater than one (1) space per two hundred (200) square feet shall provide the minimum parking required as set forth in Sec. 2.3.14. Any expansion or new construction shall include the on-site installation of parking for the disabled as provided for in Sec. 2.3.20 of this Code. 2.3.2~.1.3. Change in Existing Use: A change in any use shall be exempt from the minimum parking requirements as set forth in Sec. 2.3.14 up to an intensity level of one (1) parking space per 200 square feet. A change of use to an intensity of greater than one (1) space per 200 square feet shall provide parking for the Words underlined are added, words e~Pee~~h are deleted use as set forth in Sec. 2.3.14, and shall provide on-site parking for the disabled as set forth in Sec. 2.3.20 of this Code. 2.]~2~.1.4. Off-Site Parking Agreements: In no way shall the provisions of the Marco Lake Drive business District (MLDBD) be construed so as to prevent establishmsnts within the boundaries from taking advantage of off-site parking arrangements as set forth in Sec. 2.3.4.11. OFF-STREET PARKING/md/13983 Words underlined are added, words struck throug~ are deleted OR~=aIN: Current Planning Staff AUTHOR: Bob Mulhere, AICP Current Section Planning Mgr. DEPARTMENTs Planning Services LDC SECTIONz 2.6.33.3 CF~ANGEz To allow for temporary parking in support of construction and development activities on lots which are not contiguous to the lots on which the development activity is taking place, provided such temporary parking areas are not separated by a collector or arterial roadway (as designated in the Traffic Circulation Element of the Growth Management Plan.) REASONS As a site is developed, especially a large project, there is a need for parking for workers which is located in a area which is both safe and convenient, and not otherwise interfere with the construction, sales and residential activities which may be occurring on the site. This change provides locational restrictions for temporary parking for construction and development which mirror the location restrictions for off-street parking set forth in Section 2.4 of the LDC. Staff continues to have the ability to review the proposed location for traffic circulation issues; landscaping and buffering; lighting; hours of use and length of operation; environmental impacts; stormwater management; and any other public health and safety issues. FISCAL & OPERATIONAL IMPACTS~ This proposed amendment will have no additional fiscal or operational impacts on either the County or the development and construction industry. RELATED CODES OR REGULATIONS: None. Amend the LDC as follows: Section 2.6.33 Subsection 2.6.33.3 2.6.33.3. 8. Off-site temporary parking on property which is located contiquous to the subject development, or ~ould be contiquous excent for a roadway that ~s not designated as a collector or arterial in the Traffic Circulation Element of the Growth Management Plan. with the written authorization of the property owner. Words ~ are added, words utruc]~ t~rcug~ are deleted ORg~IN: Planning Services Staff AUTHOR: Bob Mulhere, Current Planning Mgr. DEPARTMENT: Planning Services LDC SECTION: 2.6.33.4.1 CHANGES Addition of language to clarify intent of this Section. REASON: Recently approved Temporary Use Permits for model homes have resulted in the models being used to market a product which is not permitted within the zoning district in which the model is located. An example would be constructing a model, in a single family zoning district, to meet the building code standards of a single family structure, but furnishing and designing the structure with the intent of marketing a multi-family project located in different geographical area of the County. Model homes are not intended to be a full scale commercial operation and in fact the full scope of real estate activities from a model is prohibited. If a developer wishes an off-site model or sales center, it should be located within the appropriate commercial district, or residential district which permits the use the model is intended to market. FISCAL & OPERATIONAL IMPACTS: This amendment will have no operational or fiscal impacts on the County. RELATED CODES OR REGULATIONS: None. Section 2.6.33.4 Model homes and model sales centers. 2.6.33.4.1 Model homes and model sales centers shall be of a temporary nature and may be allowed in any residential zoning district or residential component of a PUD by the issuance of a temporary use permit. Model Homes are intended to facilitate the sale of the model design. or of prod~gts similar in ~esign to the model. Model hc~ located within residential zoning districts~ Qr within a residential componept of a pU__D shall be restricted tQ the promotion of a . product Or PrOducts Permitted within the residential zoninq district or PUD inwhich ~b~ mode1 is located and ~r subject to the following: ORigIN: Staff (Community Development) AUTHOR: Bryan Milk, Project Planner DEPARTMENT: Current Planning & Technical Services Section LDC PAGE: LDC 2:221, LDC 2:222 LDC SECTION~ Sec. 2.6.35. Communication Towers. CHANGE: This section is being amended to provide clarifying language to the development standards for amateur radio towers and ground-mounted antennas within the RMF-12, RMF-16 and RT zoning districts. The amendment also prohibits ground-mounted antennas above 20 feet within the VR, M}{, and TTRVC zoning districts, and clarifies tower heights permitted within the commercial and industrial zoning districts. REASONs Within the RMF-12, RMF-16 and RT zoning districts, amateur radio towers and ground-mounted antennas are permitted uses up to specified heights per Subsection 2.6.35.6.25. The proposed language clarification will provide a reference to these development standards. Also for the past 5 years staff has not seen the need for ground-mounted antennas above 20 feet within the VR, MH, and TTRVC zoning districts. Therefore, the change will limit ground-mounted antennas to a maximum height of 20 feet above the natural grade. FISCAL & OPERATIONAL IMPACTS= This amendment should have no fiscal or operational impact on the County. RELATED CODES OR REGULATIONS: None Amend the LDC as follows: 2.6.35.6.1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed 20 feet, are exempted by subsection 2.6.35.6.25 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VH, MH. TTRVC, and E Estate zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 2.6.35.6.6 below, towers may be allowed to any height as a conditional words underlined are added. words ~tr=~k th~o:~ are deleted use in the E estate zoning district on sites approved for a specified essential service listed in subsection 2.6.35.6.3, below. There shall be no varianccs exception to this subsection except for varianc~ conditional use applications by a government for a governmental use. 2.6.35.6.2 Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use subject to other applicable provisions of this section, including separate requirements and shared use provisions. Towers that exceed those specified maximum heights require conditional use approval. 1. All commercial and industrial zoning districts: Any tower up to 75 feet in height is a permitted use subfect to minimum yard requirements. Any tower that exceeds 75 feet in height up to a height of 2001~/feet is a ~ lawful use only if Permitted or otherwise provided in the respective zoning ~ the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, R34F-12, RT, VR, MH, ~'i'KVC, or PUD zoning of six residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of 2.5. (The minimum separation distance is 2~ times the height of the tower.) Towers which do not meet the separation requirement may apply for a variance in accordance with section 2.7.5~ et~-a-~endltlor~l uzc in 2. Agricultural zoning districts within the urban designated area: Towers not exceeding 200 feet. 3. Agricultural Districts within the rural designated area: Towers not exceeding 280 feet. Words underlined are added. words =trueW--~Mh~ are deleted 4. All agricultural zoning districts: No tower shall be allowed on any site comprising less than 20 acres under common ownership or control except on conditional use sites, where towers can be approved as a conditional use on sites of less than 20 acres. 2.6.35.6.3 [no changes proposed to this section] 2.6.35.6.4 New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RTT %.~, ..~, and TT~VC zoning districts~ except amateur radio towers with a height not to exceed 75 feet above the natural ~rade. and Ground-mounted antennas with a height not to exceed 20 feet above the natural ~rade are permitted within these zonin~ districts. Except, hcw~vcr, that Also. ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 2.6.35 COMMUNICATION TOWERS/md/6/19/95 Words underlined are added. words ~truck thr.9~e~ are deleted 'olzazxz Office of the County Attorney AOTHOR; MarJorie Student, Assistant C~nty Attorney Z.DC sZ~Zo~ 2.7.2.3 CIJUlQBS Change to notification procedures for soning changes XEAlOIIz To reflect state statutes FISCAL & OFERATION~LT. I)(PACTSm This ey change operational impacts as the Board will be recZuired to hold only one ~ublic hearing, which is not, in all cases required to be an evening hearing. Of cootee the Board could elect to continue the current process in which t~ (2) evening hemtinge ere required by the LDCo REI.ATZD CODES OR REGUT. ATIOHSZ State Statutes A~nd the code as follovex 2.7.2.3. Notice. 2.7.2.3.1. Notice and ~ubiic hearing whore proposed amenben= ~uld not change zonimg class~fication of land. Ordinances or resolutions initiated by the board of county copiesloners or its deaignee which do not actually change the official zon£ng atlas {the zoning designation applicable to a piece of property) but do affect the use of land, including, but not -1- Words undgrlLned are added/~ords e{~ri~--%h~h are deleted. Ximitm~ to, land develotx~nt regulations as dillned in F.S. S 163,)202, rmgardlmss of the l~mrcentage of the total land area of the county actually affected, shall be enact~ or mended ~rauant to the foll~ing ~blic notice and hearing r~cin~lr~nta by the planning c~ission and the board of 1. The planning c~lsslon shall hold one advertised l~bll~ hearing on the proposed ordinance or resolution. No request for establisha~nt or m~mmnd~nt o~ a regulation that a~fecta the use o~ Zand may be considered b~ the planning c~ee~on unt~1 such t~ am notice o~ a ~blLc hea=Lng on the ~co~med ~en~ent ham been g~ven to the c~t~=ene o~ Co11~e~ C~nty ~ ~bZ~cat~on o~ I notice o~ the hea=Lng Ln a nwm~a~ o~ gene=aZ c~=cuZat~on ~n the count~ at least 15 days Ln advance o~ the ~bl~c hea=Lng, 2. The board of county co~miasioners Ihall hold ~ve at least one advertised public hearL~ge on the proposed ordinance or resolutio~. ~ ehnl} ~ enn~ e~ ~ f~z;~ ~bli~ hc=rln~ The reoulqr enactment DrQcedVVe [o[ Suqb 0[d[~ance or resolut~o~ shall be as follows: The bO~[d 0f C0~v co~0.ers at any regular ~r ~DeciaE meet[Dq m~V emact Or amend the ordinance or reso~utlo~ l[ ~ot~ce of Intent to same is ~v~ at leas~ 10 dave prior to said -Z- Words un4erl~ are adds4; wrds ~ are deleted. meetina by' Publication in a newspaper of aeneral circulation In the county. A copy of such notice shall be kept available for Public -_. inspection durincx regular business hours of the office g: clerk to the ~ard of c~ntv c~iss~oners. The notice of Drowsed enact~n= shall state the date, time and place of the meeting, the title of the mroD~sed ordinance or resolution, and the place or places within the c~ntv where such Drowsed ordinance or resolution may be lns~cted ~ ~he ~blic. The notice shall also advise that ~n~lrested marries may a~sr at ~he meetinu and be heard w~th resMR ~o the Drowsed ordinance or resolution. ~B O~ ~B~IC~:HBNT ~ CHA~B O~ ~ND R~ATZ~ A~ ~H~6~AND ~he propose} ~o ed-o~ or oh,erie · re~}a~-~ -3- Words underlined are added; ~rds ~ are deleted. 2.7.2.3.2. Notice and public hearinV where proposed amendment ~ould change sonin9 classification of land. In the case of an aFpllcation for the rezoning of land, to include rezon£ngs Initiated by other than the board of county coff~issioners or mn~nts to ~lann~ unit d~elo~nts[, such pc~isions] shall N snact~ or ~ndsd ~rsusnt to the foll~lng ~bl~c notice and hearin~ re~lrwnts by the planninq omission a~ the board o~ c~nty c~/ssioners. 1. A sign shall be posted at 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall seasure at least 1% square feet in area and shall contain substantially the following lanquagex PUBLIC HEARING TO REZONE T}IIS PROPERTY$ FROM TO TO PER}ilTx DATEx TII4~I -4- Words underlined are added/~ordl ee~:~lwk--t~r~eh are dele=ed. T~3 BE HELD IN CO~ISSIONERS MEETING ReX)M, COLLIER COUI%TTY G(~/~I~H~NT t'I~TTER. 2. The sign shall be erected b~ the development services director in full viev Of the public on each street side of the laid land to be rezoned. Where the property for which rezoning is sought landlocked or for Io~e other reason the signs cannot be posted directly on the land to be rezoned, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the property for which rezoning is sought. Where large parcels property are involved with street frontages extending over considerable distance, the develol~nent services director shall erect as ~ny signs on a street frontage as may be deemed adequate to inform the public. The posting of signs as provided An subsection shall only be required where th zoning au~end~ent proposal is specifically directed tO changing the zoning .. classification of a particular parcel of land. 3. The planning commission shall hold one advertised public hearing. frotics of the time and place of the public hearing by the pl/nnin~ commission shall be at least 15 days in advance of the hearing by mail Co the owner of the subject property or his designated agent or attorney, if any. 4. rgotice of the time and place of the public hearing by the planning cofwnission shall be advertised in a newspaper of general Words underlined are/ddedJ words e~T~ th~c.~ch are deleted. circulation in the county at leas~ one =h~ .~= ,-~t 15 days prior to the ~ublic hearing. 5. Notice of the time and place of the public hearing by the planning CO~w~llllOn Ihal~ be lent at least 15 days in advance of the hearing b~ maiZ to al~ owners of property within 300 feet of the proper~y lines of the land for which rezon~ng or a planned unit develo~nt (~) mn~nC Is s~hCl pr~lded, h~ver, ChaC where the land for which the rezonlng or P~ ~n~nc Ls s~ghC Is pa~ of, or adJacen~ to, land ~ed ~ the s~ ~rson, the 300-f~ distance shall ~ ~asured fr~ the ~ndaries of the entire ~ership or Y~, exce~ thaC notice need no~ be ~lled ~o any pro~y ~e: located ~re then onrhalf mile (2,640 feet} fr~ the land or ~ for which rezon/ng or ~D ~nt Is s~ghC. For the ~ses of this r~ir~nt, the nms a~ addresses of prodroy ~ers shall ~ de~ those a~rlng on the lates~ tax rolls of Collier county. ~ 6. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in · newspaper of genere~ circularloft in the county at least one time at least ~ 10 days prior to the public hearing. 7. The clerk to the board of county co.wnissioners shall notify by mail each real property owner whose land fs subject to rezoning or PUD amendment and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given st least 15 days prior to the date set for the public hearing, and · -6- Words underlined are/ddedl ~ordl ~ are deleted. copy of such notices shall be kept available for public inspection during the regular busLness hours of the clerk to the board of county co6~lssioners. 8. The board of county conciseLoners shall hold one advertised publio hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately Idopt the ordinance or reeoZution. 2.7.2.3.3. Notice and public hearing where proposed amendment initiated by the board of county ccmzaissioners ~ould change the zoning el~=;Ifl;;=i;n e~ mad delLanation of a aarcel or oarcels of land involvina less than ~en cont~cFuoul acres of land. ~ ~ ~ ~ ~ ~ ~ ~ ~o~tT~ In cases In which the pro~s~ cmprehenl~ve rezonLng action, lncZuding ht ~ l~Lt~ to those ~rovided for In the Zonin~ Riovaluation Ordinance (90-23}[C~e oh. ~06, art. XI], Lnitia~ed ~ the board of cou~t~ c~ss~oners or l~l del~gnee ~nvolvel 1&Is tha~ ~ ~ ~ ~ ~ ten co~L~l lores of land ~ [such provis~ons] shall be enacted or mnded ~rsuan~ to the foll~ng ~b~Lc no~ce and hearing re~lrmn~s by the planning c~[esLon and the board of county c~lss~oners. 1. The planning commission shall hold one advertised public hearing. Notice of the tlJ~e and place of the public hearing by the planning cora~lssLon shaXl be advertised in a nayspaper of gonetaX circulat~on £n the county a~ leas~ one time a~ least 15 days prior to the date of the public hearing. No=ice of the time and place of the public hearing by the planning commission shal~ be sent a~ least lS days in advance of the hearing, trf ma£1, to the o~ner of ~ords u~derl~ned are sddedJ words e~ are doZeted. the properties whose land will be rezoned by enactment of the ordinance or resolution, whose address is known by reference to the latest ad yelpram tax records. 2. A notice advising of the hearing by the board of county commissioners to consider rezoning properties shall be sent by mail [to] each real property owner whose land will be redelianatld by enactment of the ordinance or resolution and whose address is kno~al by reference to the latest ad valor~ tax records. The notice shall state the substance of the proposed ordinance or resolution as it affects the property ~wner and shall set a t~u~e and place for the public hearing on such ordinance or resolution. Such notice shall be given at least 30 days prior to the date set for the public hearing. Additionally. notice of the time and place ~[ the rmblic helrino by the board of county commissioners shall be Idvertlled in a newspaper of oeneral circulation in the county It least ten days prior to the public h~arino. A co~v of such notice shall be ker~c swillable for public ins~ection durin~ rapdear business hours of the office of the clerk o[ the board of county commissioners. The notice of the proposed enactment shall state the date. time. and place of the meetino: the title or titles proposed ordinancesx and the place or places within the county ~here such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meetins and be heard with respect to the proposed ordinance. 3. The board of county c~missioners shall hold one advertised ~blic hearing on the proposed ordinance or re,olution and rmay, upon the '8- Words underlined are added~ words et~ru~k-%h~ouqh are deleted. conclusion of the hearing, lnwnediately adopt the ord/nance or resolution. 2.7.2.3.4. Notice of public hearing where proposed amendment would change the zoning ~nt7. mao defilenation of · ~arcel or oaroils of land ~nvolv~na ten conti~uous areas or m~re of land in the county or ~uld oh·nee the a~uat list of Nm[tted, conditional. or oroh[bite~ gses ~E land within zon[nd cat~o~. In cases In which the prosed ~ ~ ~ zon[na mad dem[onat~on ~ m Dance1 or oa~celm o~ land ~nvolvem ten cont[~e a~res o~ ~e o~ land or chanqem the actual liar o~ ~e~tted conditional or oroh[b[t~ umem o~ land within a xon[nQ cateQo~ ~m~onm] mhall be mnactmd o~ mnded ~euant to thm ~bl~= not~cm and hearing r~[~mntm by the planning cm~am[on and the ~mrd ~ c~nty The pl·nning cof~nission shall hold two ·dvertised I~blic he·rings on the proposed ordinance or resolution. Both hearings shall be heid after 5s00 p.m. on · weekday, and the first shall be held approximately seven days after the day that the first advertisement is published. The second he·ring Ih.tll be held approximately two weeks after the first hearing and shall be advertised approximately five days prior to the public hearing. The day, time, and place at which second public hearing will be held shall be announced at the first public hearing. 2. The required advertisements for the planning commissioner ~ublic he·tinge shall be no less than one-quartet page in a standard size -9- Words underlined ·re ·dded$ words e~f~4--i~h are deleted. or a tabloid size newspaper, and the headline in the adverlz£aement shall be In a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of go,oral paid circulation Lfi the county and of general interest and readership In the coetaunity pursuant to r.I. ch S0, not one of limited subject utter. It Is the legislative intent that, wherever possible, the advertisement shall appear in · newspaper that is published at least five days per week unless the only newspaper in the cca~unity is published less than five days per week. The advertisement shall be In the following forms NOTXC~ O~ ZONXNG CHANG*e- The {name Qf local oovernment unit1 oreposes to fezone the land within the area ihown advertLlemento A publie hearing on the rezoning will be held on and timel at (meetIns ~lace} . 3. The .dvertise~ent shall also contars a geographio location map which clearly indicates the area covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the area. 4. The board of county corxaissioners .hall hold two advertised publie hearings on the proposed ordinance or resolution. 8o~h heez44q~/e A~ leae~ one hearthe shall be held after 5~00 p.m. on · weekday, -10- words underlined are addedl words ~;~ th~Gu~ are deleted. unless the board of county commissioner~, bY · matqrity olus one vote, elects to conduct that hearing at another first ~blic hearing shall be held at least ~ seven days aftmr the day that the first advertisement is ~ubltshsd. recond hearing shall be ad~ ~ ~4ee w;=kz held at least ten days after the first hearing and shall be advertised m~ at laas~ ~vm days prior to ~ha ~bl~ hssr~n~. 5. ~he re~Jlred advertisements shall be no lesa than ~ pete t~o columns wide by ten Inches lono in a standard size or a tabloid sl%a n~spa~r, and the headline in the advertiss~mnt shall be in a tyl~m no smaller than ~8 point. ~he advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements aleear. The advertisement shall be ~=i=.%ed oldcad in · newspaper of general paid circulation tn the county and of general interest and readership in the co...unity pursuant to f.S. ch. 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement shall appear in · newspaper that is publinhed a= least five days · week unless the only newspaper in the co~w~unity is published less than five days a ~ek. The advertiso~lnt shall be in substantially the following formg NOTIC~ OF ~o+~l-N~/TYP~ OF} CHANCE The /name of local oovernmenc unit} proposes to adopt the ~ollow~n~ by ordinance or reso~u~o~ ~ ~ ~ -11- Words underlined are added; ~ords e~--~eh--l~%f~q~h are deleted. A lmblio hearing on the ordinance or resolution e will be held on ..... [date and ~lmel at (meetina olacel . lxceot for nedmeets which cheese the actual list of oermittedL conditionat, or ~rohib~ted uses within I zonina cateaorv, the advertLseeent shall =~:: contain a geographic location map which clearly indicates the area y~thin the local aovernment covered by the pro~sed ordinance or resolution. The map shall include major street nns as · means of identification of the Qenera~ area. 6. In lieu of ~ublishing the advertisement set out In this paragraph, the board of county cc~mtissioners may ma~l a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the tJ~e, place, end location of both public hearings on the proposed ordinance or resolution. '12- words under~lned are added~ ~ords ;=r~;~ =~z~h are deleted. % ORIGIN: B.C.C. and Development Services Advisory Committee AUTHOR: Thomas E. Kuck, P.E. Engineering Review Services Manager DEPARTMENT: Development Services LDC PAGE: 2-252, 3-32 ORDINANCES 91-50 19,20 LDC BECTION~ 2.7.6.5., 3.2.8.3.6. ORDINANCE: 91-50 A ~03.1.1,1 CEANUE: Change will allow clearing, filling and revegetatton of lots/parcels in projects where the area of the phase to be cleared and filled is 25 acres or less. REASONs Projects with normal to large lake systems are at present, not permitted to clear lots and fill them during the lake excavation. This leaves the developers with some undesirable options for handling the excavated material; (1) large unsightly, dangerous stockpiles, or (2) haul fill off-site (commercial permit - road impact) and then import fill for building pads as required (double handling, more road impacts). These options are inefficient and an unnecessary cost of housing construction in Collier County. FISCAL & OPERATIONAL IMPACTS~ None to Collier County OPERATIONAL IMPACTS: Cleared areas will need to be promptly revegetated (grass) and maintained (mowed) on a regular basis to prevent intrusion of non-native trees and shrubs. The maintenance will need to be monitored. FISCAL IMPACTS TO DEVELOPERS: Lake excavation and the appurtenant spreading of the excavated material will be more efficient and will require less double-handling. Clearing operations will not require multiple site visits. RELATED CODES OR REGULATIONS~ LDC Div. 3.5 Excavations - LDC Div. 3.9 Vegetation Removal, Protection Preservation - Collier County Administrative Code. Sec. 2.7.6.5. Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land words underlined are added, words ~tTaek--t~h are deleted -1- Development Code or other applicable County regulations. Exceptions to this requirement may be Granted bY the Community Development and Environmental Services Administrator for an apDrQved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit cons~r~Cti0n of an aDDroved water management system, to minimize stockpiles and haulin~ off-site or to protect the Dublit health, safety and welfare where clearing. oradinq.....and ftllin~ plans have been submitted and aDDroved meeting the warrants of Section 3.2.8.3.6. Of this Code: Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9. Sec. 3.2.8.3.6. Clearing, grading and filling. A site clearing plan, ~radtnu. fillin~ and reve~etation plan where applicable shall be submitted to the Community ~evelopment and Environment~l ~eervices dlrcctor Administrator, 9r his desi~nee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site sDecific clearinG. GradinG. and fillin~plan for a Subdivision or Site Development Plan may be considered for review and ~pDroval under the followiD~ ~ate~ories and subject to the lollowing requirements: i~ Removal of exotic ve~etation: Removal of exotic ve~etation is permitted upon rece.lDt of ~ vegetation removal permit pursu~n~ Words ~ are added, words ---truck thzca<3h are deleted to DivisiOn ~-9. AdditiOnal site alteratioB may be De~mitted or required to stabilize and deter reinfestation by exotics subiect to the followinq: iLL Provision of a site fillinn and qradinc plan for review and approval by the County: b) Provision of a reveCetation plan for review and approval bv the County: c) Payment of the applicable review fee for site alteration plan review. 2. Site alteration within existlnq platted single family subdivisions. Sincle family lots located within an aDDroved platted residentialIv zoned subdivision may be aDDroved for site alterations upon submission Of a clearinq, qradinc. fillinc and revecetation plan with a written statement of Justification. The clearinq and fillin~ under thi~ provision is limited to no than three conticuous lots subject to submission of the following; a) Provision of a site filling and cradinc plan for review a~d amProYal by the C_Q_U~tv: b) Provision of a rev~qetation plan for review and approval the County; c) PaYment of the applicable fee for site alteration Plan review. Add~tional lots may be cleared. where under the same ownership, ~nd where such clearinq can demonstrated to be necessqry implement the DrOi~t's sUr{ace water masterplan or tO comply with the conditions of any %oca1, state or federal Permit. or, wher~ to the development of reauir~d infrastructure. it can b~ Words underlined are added, words s~ru~k:t,~-e~/4~ are deleted demonstrated that clearin~ and filling will lessen any negative ilnpacts to the Public healthL welfare and safetY. 3. Site alterations within new developments for which a SubdivisiQn or Si~e Development Plan has been ap~roved: Clearing. grading and fillin~ within an aDDroved phase of a Subdivision or Site Development Plan may be aDDroved by the Community Development and Environmental Services Administrator, subject to the below noted conditions and provided the entire phase to be altered does not exceed 25 acres. Site alterations reGuiringmore than 25 acres to properly utilize fill Generated on site will reauire approval of the BCC. Site filling exceedin~ 25 acres to properly utilize fill aenerated on site, but which does not require the removal of more than 25 acres of Protected veaetation. may be approved bY the Community Development and Environmental Services Administrator subject to submission of the following; ~1 A site clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum 25t of the natural vegetation shall be retained in accordance with Section 3.9.5.3 of the b) The applicant shall submit detailed description of fill and site work activity includinq a Plan indicatiqg fill placement l~otions add depths. ~rading plan and w~te~ ~qpaqement imp~ov~mCn~f. c) ~he applicant shall submit detailed reveqet~tion elan tncludtnq a estimate bY a reoister~ landscape architect Words underlined are added, words et-P~le~--45h~h are deleted -4- Drofessfonal enaineer, The cost estimate shall include the cost of qradin~, reve~etation ~' and yearly maintenance cost and .. a time specific schedule on completion of the revereration work, ~LL The permit~ee Shall post a surety bond or an irrevocable standby le~er of credit in an .amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years, The amount o~ the s~.~uritv may be reduced UPOn completion of the aDDroved reva~ and UPOn occupation of the site, A separate security will not be reauired if such costs are included in subdivision security, In the event the developer shall fail or neqlect to fulfill its obliqations under the conditions set forth herein, or should the developer fail to meet the time limitations se~ forth in Sections 3,=,6,4,8 and 3,3,8 of this Code. UPOn certification of such failure by the Planning Services Director or his desiqnee, th~ County Administrator may call UPOn the surety bond or irrevocable letter of credt~ to secure the completion. repair and maintenance of required improvements, including reveqetation and re~radin~, Sec, 3,9.6,4,9 A veqetation removal permit is no~ required for the removal of protected veqetation Prior to bu~ldin~ Derml~ issuance if the conditions set forth in Sec, 3,2,8,3,6 have.been met, Words underlined are added, words e/&~4/e4~~l~ are deleted -5- PROPOSED LDCA~ENDHENT SUBMITTEd) TO PLA/qNI~G DEPT. ON 6/13/95 0RIGId| The Collier County Manares Protection Plan AUTHOR! Kevln H. Dugan, St. Environmental Specialist DEPART~ENT/AGZNCyI Natural Resources Department ~-~I~L2'2.4,202o5,2o2.6,2o2o7,2.2.8,2.2o9,2o2o10o 2.2.14, 2.2.15, 2.6.21, and Add 2.6.22 Zaf,~ 2-14, 2-15, 2-18, 2-20 2-22, 2-23, 2-25, 2-27, 2-42, 2-46, and 2-173 ' ~ Language to specify that commercial marinas and multi-dock (10 or more) facilities provide a Mamatee Protection Plan and adhere to the Marina Siting Criteria. CONSIDL~RATIONS; On July 19, 1994, the BCC approved the Collier County Manatee Protection Plan (MPP) and on May 23, 1995 approved several FDEP additions to the Plan. The Plan contains direction to amend the LDC to include: 1.) A requirement for a mariatee protection plan for marinas and multi-boat facilities both during and after construction. 2.) Marina Siting Criteria and Density Limits 3.) An overlay to the Official Zoning Map providing specific standards for the Wiggins Pass System, the Clam Bays, and Collier Bay. The fully implemented MPP is required by the Florida Department of Environmental Protection (FDEP) before it will lift the One to One Hundred Rule. The One to One Hundred Rule limits construction of new marina facilities to one power boat slip for every 100 linear feet of shoreline. OPERATIONAL IMPACT~ The three items listed above can be incorporated during the normal SDP process. The Army Corps of Engineers and the FDEP specify, on most marina projects, what is required for manatee protection. These specifications can easily be included in a plan written by the applicant. Site Development Plans for boat docks and marinas already require that a bathymetric survey and a vegetative survey be undertaken. Using this information along with the information provided in the Manatee Protection Section (2.6.22) will determine what the _1m maximum boatslip density can be. FISCAL IMPACTSt The added cost to a marina development for compliance with this section could be less than $2000. Written Plan by a Consultant: 8 hours ~ $100/hr ....... $800.00 Manetee signs (installed) ............................. $200.00 ea, Pilings (installed) ................................... $400.00 Educational Brochures (per 1000) ...................... $200.00 Water Quality Monitoring .............................. $300.00/yr, SEC. 2.2.4 RESIDEZ{TIAL SINGLE FAMILY DISTRICTS 2.2.4.2.2 Uses Accessory to Permitted Uses: 2. Private boathouses and docks, subject to Sec. 2.6.21, and Sec. 2.6.22. 2.2.4.3 Conditional Uses. The following are permissible as conditional uses in the residential single family districts (RSF), subject to the standards and procedures established in Div, 2.7.4. 7. Non-commercial boat launching facilities,and multiple dock facility. subject to Seo. 2.6.22. SEC. 2.2.5 RESIDENTIAL MULTIPLE FAMILY-6 DISTRICT 2.2.5.2.2 Uses Accessory to Permitted Uses: 2. Private boathouses and docks, subject to Sec. 2.6.21, and Sec. 2.6.22. 2.2.5.3 Condit~onal Uses. The following are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in Div. 2.7.4. 7. Non-commercial boat launching facilities~ ~ub~ect to Sec. 2.6.22. -2- BEC... 2.2.6 RESIDENTIAL MULTIPLE FAMILY-12 DISTRICT (RHF-12} 2.2.6.2.2 Uses Accessory to Permitted Uses: 2.Private boathouses and docks, subject to Sec. 2.6.21. and Sec. 2.6.22. 2.2.6.3 Conditional Uses. The follovtng are permissible as conditional uses in the Residential Multiple Family-12 District (RMF-12), subject to the standards and procedures established in Div. 2,7.4. 4. Non-commercial boat launching facilities, subject to Sec. 2.6.22. 5EC. 2.2.7 RESIDENTIAL MULTIPLE FAMILY-16 DISTRICT (Pa4F-6) 2.2.7.2.2 Uses Accessory to Permitted Uses: 2. Private boathouses and docks, subject to Sec. 2.6.21, and Sec. 2.6.22. 2.2.7.3 Conditional Uses. The following are permissible as conditional uses in the Residential Multiple Family-16 District (RMF-16), subject to the standards and procedures established in Div. 2.7.4. 4.~ Non-commercial boat launching facilities, subject to Sec. 2.6.22. SEC. 2.2.8 RESIDENTIAL TOURIST DISTRICT 2.2.8.2.2 V~os Accessory to Permitted Usesz 3. Private boathouses and docks, subject to Sec. 2.6.21, and Sec. 2.6.22. 2.2.8.3 Conditional Uses. The following are permissible as conditional uses in the Residential Tourist DisUrtct (RT), subject to the standards and procedures established in Div. 2.7.4. 2. Marinas. sub~ec~ tO $ec, 2.6.22. -3- 3. Non-commercial boat launching facilities, subfect to Sec. 2.6.22. SEC. 2.2.9 VILLAGE RESIDENTIRL DISTRICT (VR). 2.2.9.2.2 Uses Xccessorv to Permitted Usesf 2. Private boathouses and docks, subject to Sec. 2.6.21, and Sec. 2.6fZ2. 2.2.9.3 Conditional Uses. The following are permissible as conditional uses in the Village Residential District (VR), subject to the standards and procedures established in Div. 2.7,4.. 1. Boat yards and marinas, subject to Sec. 2.6.22. SEC. 2.2.I0 MOBILE HOME DISTRICT 2.2.10.2.2 Uses Accessory to Permitted Uses: 2. Private boathouses and docks, subject to Sec. 2.6.21, ~md Sec. 2.6.22. BEC. 2.2.14 COMMERCIAL INTERMEDIATE DIBTRICT [C-3). 2.2.14.2.1 Permitted Uses. 12. Marinas (4493). sub4ect to Sec. 2.6.22. sEc. 2.2.15 G~NERAL COMMERCIAL DIBTRICT [C-4 ). 2.2.15.2.1 Permitted Uses. 16. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to Sec. 2.6.22. -4- BEC. 2.6.21 PRIVATE BOATHOUSES RND DOCKS, 2.6.21.1 Individual or multiple private docks including mooring pilings, davits, lifts and the like are permitted to serve the residents of a development on canal or waterway lots, provided they do not protrude more that the respective distances specified in Secs. 2.6.21.2 and 2.6.21.3 for such canal of waterway. MUltiPle private docks of ten (10) WetSliDS or more are also subject to Sec. 2.6.22. Permitted dock facility protrusions as well as extension of dock facilities are measured... -5- 2.6.22 MANATEg PROT~CTION "* =.6.2Z.1 The following are for the pUrDq$$ O~ Manatee Protection and will be applicable to all mUlti-SliD docking facilities with ten (10} SliDS or more. and all marina facilities. 2.~.22.2 Proposed developments will be reviewed for consistency with the Mariatee Protection Plan (MPP} adopted by the Collier County Board of County Commissioners and aDDroved by the Florida Department of Environmental Pr~ection. If the location of the DrODQ§ed development is consistent with the MPP. then the developer will submit a "Manares Awareness and Protection Plan", which shall address, but not be limited ~Q, ;he following cat~gorie~ 1. Education and public awareness 2. Posting and maintaining Manares Awareness signs. 3. Information on tYPe and destination of boat traffic that will be Qenerated from the facility, 4. Monitorina and maintenance of water ~ualitV comoly With state standards. 5. Marking of naviGational channels mav be recruired. 2.6.22.3 M~rtna Siting. The burDose of the marina site farina system is to held determine the maximum WetsliD densities in order to improve exist.i~ mariatee protection. The marina site rating system ~ives a ranking based on three (3} criteria~ water depth. native marine habitat and manares abundance~ In evaluating a parcel for a potential boa~ facility. a minimum sphere of influence for the boat traffic must be desi~n~tcd, For this plan an on-water travel distance of five ~5) miles is considered ~he sphere of influence. 2.6.22.3.~ Rat!n~ criteria. . -6- 1, A Preferred rating is Given t~ ~ ~lte that has or can legally create adecuate W~ter depth and access, will not impact native marine habitats. ~' and will not impact a high manatee U~ ~rea (See -- Table 2.6,22,11. 2, A Moderate ranking is qiven to a Site where: there is adequate water depth and access. nc impact to a high manetee use area, but there te an impact to native marine habitat: there is adeouate water depth, no impact to native marine habitat, buC impacts a high manetee use area; and when the water depth is less than four feet Mean Low Wate~ ~MLW), ~Q impact to native marine habitat. and no impact to a high manetee 3, A Protected ranking is ~iven to a site where: there is adecfi]ate water depth and access. but there is an impact to native marine habitat and there is an impact to a high manetee use area: there is not adecn/ate water depth. there..i~ impact to or destruction of native marine habitat and there is impact to a high mamatee use area: there is not adequate water depth, no impact to marine habitat. but there is impact to a hich manetee use area; or, there is not adecn3ate depth. there is impact to marine habitat and no impact to a high manetee use The exact areas will depend on site specific data gathered durin~ the site development process reviews, K:X)61ATE X X X ~: PI~T[CTEE3 X X X MIQTECTED X X X (I) Fo~ ireretire v¶~efetfon ~ ee mereraves,/W ImFmct Is ~fl~ ,s ~ greater th~ 5~ of Table 2.6.22.1 Marina SAting Criteria 2.6,22.5 Allowable WetSliD Densitie§v 1. Preferred Sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of UD to 18 boat SliDS for every 100 feet of shoreline. Expansion of existina and construction of new dry storage facilities is allowed. ExDansiOn Of existina and construction of new boat ramps ~s allowed. 2. Moderate DeveloPment Sites. ~e~ or expanded vet slidmarinas and multi-family ~acilities shall be allowed at a density of up to 10 boat SliDS for every_ 100 feet of shoreline. Expansion of existin~ dry storage facilities is allowed. Construction of n~JF dry storage facilities is prohibited. Expansion of existin~ boat ramps is allowed. Construction of new boat ramps is prohibited. Protected Sites~ New or exoanded wet slid marinas and multi-famll~ facilities shall be allowed at a densit~ of boat slio for every ZOO feet of shoreline. EXPanSiOn Of existincr dr~ storage facilities or construction of new dry storage facilities is -8- prohibited. Expansion of e~iSt~ng bOat_ramps or construction of new bQa~ ramps is prohibited, 2.6.22,6 Mtttqatiom If a potential boat facility site iS ranked as moderate or protected because of its proximity to a high use manetee area, its ran~ng can be increased if Slow Speed zones are established that account for a sicmilitant portion of the expected travel route of the boats usina the proposed facilitY. IR that case. the mamatee criteria im the three way test (See Table 2.6.22.1} would not affect the ~utcome of the rankina. If such Slow SPeed zones are not eMistinc. the County may establish. with DEP aDDrOVe1. additional Slow Speed zones in order to miticate the DTODOSed additional boat traffic. 2,6.22.7 Implementation. This retina system does not mreclude the existthe zontna and density re_~ulattons required by the current Collier County Land Development Code (LDC). This system shall be used to determine the allowable maximum Dower~at wetsliD densities within future marina sites for the purpose of manetee protection. These criteria will be aPPlied at the appropriate moi~t in the County permittime process. Exemption. Existina facilities and facilities which had State or Federal permits prior to adoption of the County Manetee Protection Plan shall be exempt from these provisions. but will be ~ub~ect to all other recuirements of the LDQ, ORIGIN: Current Planning AU~OR~ Ronald F. Nino, AIC~ ~' Senior Project Planner DE~ARTMENT~ Planning Services Department LDC PAGEI LDC 3-27 and 28 LDC BECwZIONI Section 3.2, Subdivision Regulations C~J~NGEz To authorize concurrent review of a Site Development Plan with a Preliminary or Final Subdivision Plat and where applicable and to allow approval of a Site Development Plan where the application of a Preliminary or Final Plat is not required. RFJ&SONz Sere is no reason why an application for Site Development Plan approval should not be made concurrently with an application for a Preliminary or Final Plat approval. me more important relationship is the timing of approvals as opposed to the review process. Furthermore in most cases a Preliminary or Final Plat is irrelevant and provision should therefore be made to so indicate. FISCAL & OPERATIONAL I]fPACTS, None. RELATED CODES OR REGUT~TIONSZ None. ~unend Section 3.2.7.3.4 as follows: Relationship to Site Develooment Plans. Anything contained elsewhere in this Code to the contrary notwithstanding, ~ea major final or minor site development plan sh=ll may be accepted for concurrent review 1~ witha preliminary subdivision plan al~, ~hQll withheld until the paLeliminarv Subdivision Plat is ADDroved except where no preliminary subdivision plat is required under a minor subdivision. Further, no final site development plan (whether minor or final) shall be approved prior to ~ approval of the Final Plat by the Board of F~L~SL~~ th= fin---I -"~"~-~---~--however. no certificate of oCcupancY Will be issued until the Dlat Amend Section 3.2.7.3.5 as follows: ~onshiD to Zoning and Planned Unit Developments. Anything contained elsewhere in this Code to the contrary notwithstanding, no preliminary subdivision Words ~ are added, words e~ht-ough are deleted -1- ____ m %e~ ,m plat shall be approved prior to final approval of the " zoning or planned unit development for the proposed subdivision; provided, however, the zoning or planned unit develo~ent application and the preliminar~ subdivision plat may be processed concurrently at the ~Titten request of the applicant to the Development Services Director. 3.2 SU3DIVISION REGUl~TIONS/RFN/md/6/30/95 Words underlined are added, words =~.ruck t~ are deleted -2- ORIGIN: Staff A~THOR= Thomas E. Kuck, P.E., Engineering Review' " Services Manager - John Houldsworth DEPAaTMENT~ Development Services LDC PAGE~ LDC 3-63 and 64,LDC 3-17, LDCC-4, 5 and 6 LDC/ECTIONI Section 3.2.9.2.12, 3.2.6.3.4, Appendix C C~ANQE~ Delete signature block for Development Services Director, Utilities Engineering Director and Environmental Health DIrector. Update Surveyors Certification and Project Plan Review signature block. Add additional dedication statements. RE~SON; To streamline approval process for subdivision plate. Update surveyor's certification reference from Chapter 21hrH-6 tO 61G17-6. Revise Project Plan Review signature to Engineering Review Services Manager. Needed to provide additional dedication paragraphs for when applicable. FISCAL & OPERATIONAL IMPACTSt None to Collier County. RELATED CODES OR REGULATIONB1 None 3.2.6.3.4. Recordation of final subdivision plat. ~.2.S.~.~.~.=.~4)9. After approval for recordtn~ by the Board. but prior to recordation of the final subdivision olat, the Development Services AdministratOr may approve of minor or insubstantial chan~es to the final 3.2.9.2.12 Certification and approvals. 3.2.9.2.12 ~v =1gnztur= block f=: ~:vcl;pme~% ee~vd/~Ms-dtr;ctor. ~c plzt =h:ll ..... z_ the =pprov=l cmd the e4~lnaturc block of--t-he-d~ zcrviccs ~irccto~ words underlined are added, words e~:~aek-~~ are deleted , -1- 3.2.9.2.12 r~rS. Signature block for dlrcctcr c~ cnvlron~cnt:l hcalth, utilities ~. en931~.ccTing director and county attorney. The plat shall contain the approval and signature block h:alt,~:~artmcnt, u~illt.ic= e~.~In::Ti=~ ~Ir:=tor, =nd =I:: for the county attorney. 3.2.9.12. ~r6. Certification of title. a title certification shall be submitted with the plat. The title certification shall state or describe: (1) that the lands as described and shown on the pla~ are in the name, and record ~ttle is held by the person, persons or organization exerting the dedication, (2) tha~ all taxes have been paid on said lands, (3) all mo~gages on the land and indicate the official rncord book and page nu~er of each mo~gage. ~e title certification shall be an opinion an attorney at law licensed Florida, or other on=try approved under F.5. ~ 177,041. 3.2.9.2.12 ~ Inst~ment prepared by. The name, street and mailing address of the natural person who prepared the plat shall be sh~ on each sheen. The name and address shall be in statemen~ fom consisting of the words, "~ts tnst~men= vas prepared ~ (name), (sddress)." Appendix C - Page LDCC:3 I= is hereby certified tha~ the preparation of this plat was based on a bounda~ su~ey of the property made by me or under my supe~iston as provided in Chapter ~ 61G17-6, Florida Administrative Code, and in ~apter 472, Florida Statutes and tha~ the survey data complies with all of the requirements of Chapter 177, Florida Statutes. Pemanen= reference Words ~ are added, words e~ are deleted -2- monuments will be set prior to the recording of this plat and permanent .~. control points will be set within two months after the completion of ':' required improvements. Appendix C - Page LDCC:4 REVIEW SERVIC=S This Plat approved by the Clt= Enaineerin~ Review Services Section of the Community Development ~ of Collier County, Florida this day of , 19 A.D. Enuin~ering Review Services Manager and ~cll= =r individual =~J=gc =yztam: DEDICATIONS 6, Private roadways shall be dedicated ~o a Homeowner~s Association with ~b~ responsibility for maintenance. Words underlined are added, words ~ are deleted -3- 7. P3a~ina~e easements shall be dedicated toe Homeowner's Association with the resoonsibilitv for maintenance. and to Collier County with no resoonsibilitVfOr 8, To Florida Power and ~i~ht. United Telephone Services. and any cablevision mrovider. the shared use of tract R ~Roadwav TraCtl as shown on the Dlat as a utility easement for the ourDose of installation and maintenance of their resDective facilities. provided all uses by such utility proriders shall be subject to and not inconsistent with use by Collier County or the Collier County Water- Sewer District aS a WAIVER & RELEASE NOTE: On · 19 (~h~ owner) ex~eutinc the dedication. the holders of apparent record title or interests ex"0_resslv waived and released the County from any future claims of vested rtchts ann equitable estomDel mertatnin_~ to the issuance of~ Certificate of Public FacilitF Adecuacv in Dccorda~Ce with Collier County Ordinance No. 93-82. TK/md/14143 Words ~ are added, words =truck=thr¢a~h are deleted ORIGIN= Staff AUTHOR~ Thomas E. Kuck, P.E. Engineering Review Services Manager DEPARTME~Tz Development Services LD~ PAQE! 3-59, 3-63, 3-96, 3-97, 6-59, 6-60 LD~ BECTIONI 3.2.9.1.2, 3.2.9.2.9, 3.5.7.1.1, 6.3 aZASONX 3,2.9.1.2 corrects error in language of this Section of LDC and provides for approval of one year time extension by Development Services Administrator. 3.2.9.2.9 County Attorney's Office stated this Section of LDC as previously written was invalid. 3.5.7.1.1 - 6.3 - correcting definition of wsubdlvtston" to be consistent with Section 177.031 of Florida Statutes. The 100 feet setback as currently required has no substantial Justification and in some cases is contradictory to zoning provisions. YISCAL & OPERATIONAL IMPACTSt None to Collier County. The development community and private citizens will benefit by streamlining review processes. RELATED CODES OR REGULATIONSt None. LDC Page 3-63 S,c. 3.2.9.29 Riahts-of-Wav and Easements All right-of-way and easement widths and dimensions shall be shown on the plat. ._ _.a .............. · .... ~ l:t "-'--- e~ All lots must have frontage on a publio or private right-of- way in conformante with the design requirement of this Division. words underlined are added, words e%~,MPa-~agh are deleted -1- LDC Page 6-59, 60 Div. 6,...3 Definitions Subdivision. The division of land, whether improved or unimproved, into 4~ve three or more contiguous lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land any of which do not equal or exceed ten acres, for the purpose, whether immediate or future, of transfer of owllership or development; or any division of land if the extension of an existing street or the establishment of a new street is involved to provide access to the land. Subdivision includes resubdivision, the division of land into t;c three or more horizontal condominium parcels or horizontal cooperative parcels, and the division or development of residential or non-residential zoned land, whether by deed, metes and bounds description, devise, tntestacy, map, plat, horizontal condominium parcels, horizontal cooperative parcels, or other recorded instrument, and when appropriate to the context, means the process of subdividing or to the lands or areas subdivided. Subdivision does not include the division of land for conveyance of such land to a federal, state, county, or municipal government agency, entity, political subdivision, or a public utility. (See division 3.2) Subdivision, minor: The division of land, whether improved or unimproved, into ~c three or more, but less than ten, contiguous lots or parcels of land, for the purpose, whether immediate or future, of transfer of ownership or development, which does not involve the extension of an existing street or the establishment of a new street and does not involve the extension, creation or establishment of any improvement otherwise required in this division 3.2: provided however, that on-site connection Words ~ are added, words ~ are deleted -2- T or hookup of any required improvement shall not be construed as an extension, creation or establishment of such improvement. (See division 3.2.) LDC Page 3-59 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat pursuant to section 3.2.6.3.2 and shall constitute only that portion of the approved preliminary subdivision plat which the applicant proposes to construct within a finite period not to exceed 36 months, The improvements required by this division which apply to the final subdivision plat shall be completed within 36 months from the date of approval of the final plat unless prior to the 36 month construction merto~, ~ written request for an extension in time not exceeding one Year is aDDlied for and aDDroved by the Development Services Administrator or his destanee = ~'rlttcn applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 36 month construction period (unless a written extension request is approved by the board of county commissioners at the time of final subdivision plat approval), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. Sec. 3.5.7.1.1 e~c h~dTcd Fiftv feet from the right-of- way line or easement of any existing or proposed, private or public, street, road, highway or access easement. Words underlined are added, words e~~ are deleted -3- Exceptions to the above referenced setbacks may be developed and shall be subject to final approval by the development services dJ~Peet~ administrator or his desi~nee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO~=Ea~.E~I~Alof Uniform Minimum Standards for Destan. Construction and Maintenance rot Streets and Highways. State of Florida). end shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersectionsn shall be located on a specific design analysts b~ the appltcant's engineer which provides for safety and traffic consideration at the intersection. ~. 2.9.2.9 F~SE~Urr/TK/~d/7/e/95 Words underlined are added, words ee~eek--~broug~ are deleted -4- ORIGIN: Current Plannin~ AuThOR: Ronald F. Nino, AICP Senior Project Planner DEPART~ENT~ Planning Services Department LDC PAGE~ LDC6:21 LDC SECTION~ Division 6.3 Definition Dwelling, Townhouse CHABG~S To revise definition to provide that a townhouse dwelling unit may or may not be on a separate lot. RZA~ON~ The current definition provides that in a dwelling, to~nhouse structure each dwelling unit must be on a separate lot. This requirement doesn't make any sense and suggests fee r~wnership of each dwelling unit is part and parcel of what constitutes a type of housing. The manner of o~nership of the land beneath the housing structure has nothing to do with the type of structure definition a series of dwelling units. A townhouse is traditionally a series of interconnected dwelling units that are vertically separated from one another and may or may not include the fee to the land beneath the dwelling unit. FISCAL & OPERATIONAL IMPACTS$ None RELATED CODES OR REGULATIONB$ None Amend Section 6.3 as follows: Dwelling, Townhouse: A group of three (3) or more dwelling unite attached to each other by a common wall or roof wherein each unit has direct exterior access an no unit is located above another, and each unit is completely separated from any other(s) by a rated fire wall or a fire and sound resistqnt enclosed separation or space, and wherein each dwelling unit ~e may or may not be on a separate lot under separate ownership. 6.3 DEFINITION DWELLING/md/6/26/95 Words underlined are added, words e~~h are deleted -1- ORIGIN= Current Planning AUTHOR: Ronald F. Nino, AICP Senior Project Planner DEPARTMENT: Planning Services Department LDC PAGE~ LDC6: Sl LDC SECTION: Division 6.3 Definition for Setback Line CE~NUll To correct the word exclusive to Inclusive because that is what was intended. REASON: When the definition of the words "setback line" was last amended It was intended that side and rear easements would be included in the area of the lot from which setbacks would be measured. The only exclusion was to be with respect to easements that function as a street. FISCAL & OPERATIONAL I~ACTSf None. RELATED CODES OR REGULATIONS~ None. Amend Division 6.3 Definitions as follows: ~: A line marking the minimum open space distance between a right-of-way line, property line, bulkhead line, shoreline, access easement line or other defined location and the beginning point of a required yard or the buildable area, as this Eand Development Code may require in the particular case. Setback lines may be measured from the legal boundary of a lot and are eMel~e2k~e~nclus~ve of easements with the exception of easements that comprise a road right-of-way. DEFINITION SET~ACK/md/6/23/95 Words underlined are added, words :true;: thr,~h are deleted ORI6INS Staff Au~u~x Thomas E. Kuck, P.E., Engineering review " Services Manager DFPARTMENTx Development SerVices LDC PAaZx LDC S-3 thru laC B-8 LD~ SECTIONs B Typical Street Sections and Right-of-Way Design Standards C~ANaEs Changed the reference to Type III aspbaltic concrete to Type S. Referenced limerock base to LBR 100. REASONs Type III asphaltic concrete is not a structural type pavement, it is primarily used for overlays. Referencing limerock base to LBR 100 Is consistent with Florida Department of Transportation Standard Specifications. YISCAL & OPERATIOIr~L I]{PACTSs Improved structural strength of pavement will help reduce future Collier County's maintenance cost. RELATED C0DEB OR REGIILATIONSS None. LDC Pages LDC B-3 thru LDC Appendix B - Typical Street' Section Replace 5 typical street sections with revised street sections attached herewith. TKK/md/14109 " woras Underlined are added, words ~eqaejh are deleted 0 0 ~;otes; I. ~hclt;~ concrete sm~ ~ Type 5 ~ ~1 ~s opprovea ~y the County ~nt 2, A~phait~c concrete s;~ewo~ mo~ ~ for concrete slCe~oiks w~n ~p~oved by the one (1') foot w;der thon ~ ~if~a c~rete ~ The asphalt walk s~all ~: I' O~t (fy~ S). ~ ~, ~vlot;on from Su~c~ted ~at~ of ;nfrost~ture ~ ~e~ces D;recTor. Collier Co~mty DcvulopmcnL Collier Coul~ty Subdivision. I~CA~ ~ Scrvlce~ Dep~rLmenL ~pical Roadway SecLJon ~;ot¢$: aS a~provca Dy the C~unty ~e~nt Count~ Oevel~pmcn~ Eng;neer. ~ ~s ~ ~ Gna (1') fo0~ ~;~er trion the spoiled c~rete ~ The GSpnO~t .a~k snoU ~e: i' Qs~lt (T~ S), ~ ~k bose s~dewolk/b~kt path sholl b~ sub~ec~ ~G &h~ Collier County Development ] Collier County S~ Scr~cea Department. ~plcal Roadway ~ectmn , Uot,~: [linor Collector I. Aspnelt~c concrete snell ~ Ty~ ~ ~ eq~l QI Qpprove~ by t~e County ~ve~t 2. AS~hQI[~c COnCrete S~GewQIkS me~ ~ for concrete s~e*~ ~nen Qp~O~d b7 t~ one (1') f~t w;der then t~.e s~iF~ c~c~te The QSp~GI[ wOl~ thoII ~e: 1' Gsp~ ~e S), ~ bose (prime~), ~n ~u of the 5" b;ke ~ne Qn~ the 4' 4. De~t~n from suggeste~ ~cot~ ol ~lrost~t~e ~ S~eeGIk/b~ke poth shell be subj~t to the ~e~ O;rector. ,, ,, ,, .... :, '" Ser~ces ~partmenL ~[cal R~d~y Section 1. ~phQItic concrele sholl be Type S or for concrete side.c:~ ~en ~p~o~ by one (1') foot ~;dcr thon the s~;f~d c~ncrete ~=,, (p.im~). Major Collector Semices O;rector. Notes: for concrete SiCe~olk~ w~fl Op~r~ by t~ one (t') foot ~;eqr t~ ~e S~cif~d concrete ~, Der;or;on from s~g~ested ~ot~ of ~rostructure Or si~e~olk/b;ke ~th ~ ~ sub~t to the ~e~pment STATE OF FIX)~ZDA) COUNTY OF CODLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify :hat the foregoing is a true copy ORDINANCE NO. 95-58 Which was adopted by the Board of County Commissioners on the 1st day of November, 1995,.during S~ecial Session. WITNESS myhand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of November, 1995.I' ... DWIGHT E. BROCK ... Clerk of Courts and"Clerk Ex-officio to Board'of /l{aureen Kenyon' Deputy Clerk ; . ·