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Ordinance 89-042 ORDINANCE 89- 42 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY ADDING SUBSECTION 9.13, SPECIAL REGULATIONS FOR THE .~._ PROVISION OF OPEN SPACF REQUIREMENTS IN ALL ZONING ~.~ DISTRICTS; BY AMENDING SUBSECTION 20, DEFINITIONS; -. TO ADD A DEFINITION OF "OPEN SPACE, USABLE"; BY · '~ PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY en -',~ PROVIDING AN EFFECTIVE DATE. '~ WHEREAS, the Growth Management Plan adopted by the~r~ of County Commissioners includes a Recreation and Open Element; and W~EREAS, the requirement of Objective 1.2 of the Recreation and Open Space Element is to protect designated%~ recreation sites and open space from incompatible land uses through development of appropriate design criteria and land use regulation; and WHEREAS, Policy 1.2.1 of the Recreation and Open Space Element requires the following action to accomplish the objective. By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, Florida Statutes, including any amendments thereto, adopt land development regulations outlining specific definitions and standards applying to recreation and open space land provisions for natural reservations and open space. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Section 9, Subsection 9.13, Special Regulations for the provision of Open Space requirements in all Zoning Districts, of Ordinance 82-2, the Zoning Ordinance of Collier County, Florida is hereby amended to read as follows: 9.13 ~pecial Regulations for the provision of omen s~ace requirements in all Zoning Districts a. ~sable Open ~p~ge Requ~remeDts: Usable o~en space shall include active and Rassive recreation areas such as mlavgrounds. golf courses, beach frontage, waterways. ~agopns.. flood plains, nature trails, an~ Words-s~R-th~gh are deleted; words uDderlined are added. -1- oth~r similar eden spaces, Open Space Areas shall also include those areas set aside for preservation of native vecetation an~ landscaped areas, OD,D water area beyond the perimeter of the site. street riahts-of-wavL driveways, off- stj~ parkinc areas, and off-street loadinc areas shall not be counted in determinin~ usable open space, b. Residential Developments: In residential developments at least sixty (60%) percent of the cross area shall be devoted to gsab~ 9pqn space. This rgguirement shall not apply to individual single family ~tS hess than 2.5 acres in size. Commercial. Industrial and Mixed-Use Pevelopments: ~n developments of commercial, industrial and ~i×ed use. includina residential, at least ~hirty ¢30%) percent of the gross area shall ))e devoted to usable, 9pen space. This ;:e~uirement shall not apply to individual parcel~ less than 5 a~res in size. Section 20, Definitions, of Ordinance No. 82-2, the zoning Ordinance of Collier County, Florida is hereby amended to incorporate the following: Open Space, Usable-?ha~-pe~en-e~-a-~e~-e~-Demee~-wh~eh ~e~eu~en? ACti, ve or passive recreation areas such as playgrounds, golf courses, be~ch frontaoe, waterways, ~goons, flood plains, nature trails and other similar open spaces, open space areas shall also include those areas set aside for preservat~oD of native veoetation add ~ndscaped areas. Open water area beyond the perimeter of the site, street right-of-way except where ~icated or donated for public use, driveways, off ~treot parkinn ~reas, an~ off ~treet loadinc areas shall Dg~ be G0gnted in determiniDg usable open space. SECTION THREE: Conflict and Severability: In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion. Words-s~=~ek-eh~eugh are deleted; words ~ are added. --~-- ~ Effective Date: This Ordinance shall be come effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED ~ND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ~ , 1989. p~ES C. GILESiSOLE~ .~T L. SAUUDERS. C.A~N A~OVED' 'A'~TO FO~ AND LEGAL SUFFICI~CY: BOARD OF COUNTY COM2~ISSIONERS J~O~IE M. STUDENT ASSISTANT COUNTY ATTORNEY ZONING AMENDMENT SUBSECTION 9.13 md Words-s~r~=k-thr~ugh are deleted; words underlined are added. STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and fe~ the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true cop%' of: Ordinance No. 89-42 which was adopted by the Board of County Commissioners on the 18th day of July, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of July, 1989. JAMES C. GILES Clerk of Courts and Clerk .:,..\~l,~!/~. Ex-officio to Board of County~Commiss loners .'~ · . . .. ,~ .. By: V.~ginia Hagri - '~ ~ ' .! ~''~- Deputy Clerk ~'~ ' '"-' < .... '