Ordinance 80-022ORDINANCE 80 - 22 ~
AN ORDINANCE AfIENDIN(; ORDINANCE 76-30, THE CO~I-
PREHENSIVg ZONING REGULATIONS FOR TIw. COASTAL
AREA PLANNINO DISTRICT BY A~E, NDING SECTION 48 -
t~JENDHgNTS; AND PROVlDINO AN EFFECTIVE DATE.
~REAS, the Coastal Area Planning Commission has recommended to the
Board o£ County Commissioners of Collier County, Florida to amend th~ Zoning
Regulations;
NOW, ~REFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County Florida=
SECTION ONE:
The Zoning Ordinance 76-30 is hereby amended as follows:
1. Amend the introductory paragraph of Paragraph 4 to read as follows:
Nature Requirements of Planning Commission Report= 14hen pertaining
to the rezoning of land, the report and reco~endations of the
Planning Co~tssion to the Board shall show that the Planning Com-
mission has studied and considered the proposed change in relation
to the following were applicable:
Subparagraph A thru P to remain as presently written.
2. Amend Section 48,5, to read as follows:
§. ~/hen pertaining to rezoning amendments of this zoning ordinance, the
Planning Co~ission shall deter~ine that adequate community facili-
ties and services are available. To determine this, the ~d Use
Element of the Comprehensive Plan and the Rating S~tem
used.
The Planning Co~lssion shal~ [o~srd its detem~a~io~
Board for its use as a $uide in revtewin~ the rezone p~terfl.~
Residential Rezone P~i~ion: I p~i~ion ~o rczoae la ~o r d
~i~l shall be sraded to determine adequate co~uni~y ~ili~ and
s~ices by ~he follo~ini portions of ~he Ra~int System: ~a~er~
sewer~ s~ree~s and hiihways~ driinate~ enviro~en~al co~pa~ibiliCy
and fire. Any petition receivinl !1 points shall be considered as
havin~ adequate co,unity facili~ies and ~ervices.
Co~ercial or Industrial Rezone Pe~i~ions: A pe~i~ion ~o rezone
land ~o co~ercial or indus~rial shall be graded ~o de~e~ine ade-
quate co~uni~y facill~ies ~nd se~ices by the followini portions of
~ ~he R~tin~ System: Wa~er, sewer, streets and hithways, drainate,
~ e~vir;~en~al co~pa~ibili~y and fire. Any pe~i~ion receivinl
'~ ~ p~in~s' shall be considered as havin~ adequate co~uni~y facilities
Jl ana~services.
~a ~ ~,~On~o~ercial~ Non-Indus~rial~ ~on-Residen~ial Rezone Peti~ion:
.~ t n to rezone land ~o a use which is non-co~ercial, non-indus-
~ trial~ and non-residen~ial, such as a civic o~ fraternal club, may
' be granted a waiver for certain portions of the Ra~in~ System by the
Director. In Rrantini such a waiver~ the Director m.st en.mernte
the reasons why certain portions of the ratln[ system are not appli-
lof$
cable. The enu~eration should clearly show that the impact of the
requested zone would not require the same extent or degree of com-
munity facilities and services as vould be normally required for any
other rezone petition.
Planned Unit Development:
A. In the case of an application .for a rezone to a Planned Unit
Development (PUD) District, the Plsnning Com~isaion may recom-
mend to the Board of County Com~issioners waivers to the Rating
System requirements, if in their dete~instion, such waivers
will encourage a PUD development which is in accordance with
the policies and objectives of the Comprehensive Plan in all
other respects.
B. The need and Justification for the change.
C. The relationship of the proposed amendment to the purposes and
objectives of the County's comprehensive planni~g program and
to the Comprehensive Plan, with appropriate consideration ao to
whether the proposed change will further the purposes of this
zoning ordinance and other County codes, regulations, and
actions designed to implement the Comprehensive Plan.
RATING SYSTEM FOR DETEP, HINING AVAILABILITY
OF ADEQUATE EXISTING COI~I!JNITY FACILITIES AND SERVICES
Water
(1) Municipal or County System 5 Points
(2) Franchised Systems and Special
Districts under County Control 4 Points
(3) Private Central System 3 Points
(4) Private Well 1 Point
(5) Other 0 Points
Sewer
(1) Municipal of County System or
Private System with Plant and
Collection System Dedicated to
County
(2) Franchised Systems and Special
Districts under County Control
(3) Private Systems with Collection
Systems only Dedicated to the County
(4) Private System
(5) Acceptable Septic Systems
(6) Other
Points
Points
Points
Points
Point
Points
2of5
Str~ts and ~i~hways
?roxim~ty to ~x~s~n~ ^rteria! as Shown on ?r~c Circula~io~
~ement o~ Comprehensive Plan.
(1) Direct Access 5 Points
(2) Within 1 Mile of Arterial via an Approved
Connector 3 Points
(3) Within 1 Mile o£ Arterial 1 Point
(l) Over 1 Mile of Arterial 0 Points
DrainaRe
(1) Approved by Water Management Advisory
Board
(2) Not Approved by Water Management Advisory
Board
5 Points
0 Points
Environmental Compatibility
(1) Approved by Environmental Advisory Council
(2) Nec Approved by Environmental Advisory
Council
5 Points
0 Points
Fire
(1) Within Fire District and within 2 Miles of
Firehouse
(2) Within Fire District sad between 2 sad 3
Miles of Firehouse
(3) Within Fire District and over 3 Miles of
Firehouse
(4) Other
5 Points
3 Points
1 Point
0 Points
Exiatini Communit7 Park*I or Recreational
Facilit7 in Conjunction with Public Schools.
(1) Within 1 Mile vith Bicycle Path or 3 Points
Sidewalks
(2) Within 1 Mile without Bicycle Path or 2 Points
Sidewalks
(3) From 1 to 2 Miles with Bicycle Path or 1 Point
Sidewalk
(4) Other 0 Points
*Community Park (Source: Parks, Recreation and Open Space Element-Future Plan;
Comprehensive Plan).
Size: 10 to 50 acres, or 2 acres per 1,000 persons
Population Served: up to 25,000 persons
Service Area: 1/2 to 3 miles radius
Facilities: Baseball-softball fields, basketball courts, tennis
courts, handball courts, volleyball co~rts~ football-soccer fields,
~AG£ 4~ swimming pool, tot lots~ play area, picnic areas, recreation center,
beach and water-relsted activities~ reatrooms~ open sp&ce~ and other
active-oriented recreational activities.
Elementsr7 School
(1) Within 1 Mile of £xistins,School
with Bicycle Path or Sidewalk
(2) Within 1 Mile of £xistin8 School
without Bicycle Path or Sidewalk
(3) Within ! Mile of £xistin8 School Site
with Bicycle Path or Sidewalk
(4) From 1 to 2 Miles of Existina
School with Bicycle Path or Sidcwals
(5) From I to 2 Biles of £xisting School
without Bicycle Path or Sidewalk
(6) From I to 2 Biles of Existing School
with Bicycle Path or Sidewalk
(?) Other
5 Points
Points
3 Points
3 Points
2 Points
2 Points
0 Points
Nosquito Control
(2)
Adjacent to Exis:in8 Spray Area
Within Existing Bosquito District
but not Adjacent to Existin8 Spray
Area
2 Points
1 Point
The petitioner may provide all required existing community facili-
ties and services for the requested rezone needs in any one of the
following manners~
(I) Petition for s rezone at such time as all required adequ-
ate existing community facilities and services have been
provided at public expense according to the Capital Im-
provement Plan, or,
(2) Petition for a rezone at such time as all required exist-
in8 community facilities and services have been provided
st the private expense of the petitioner, or,
(3) Post a surety in lieu of completed improvements to guar-
antee that all of the required (existing) community facil-
ities and services will be provided.
(&) Other acceptable to
Status of Plannin~ Commission Report and Recommendations: The
report and recommendations of the Planning Commission required by
Paragraphs 4 and 5 above shall be advisory only and shall not be
binding upon the Board of County Commissioners.
Board Action on Plannin~ Commission Report: Upon receipt of the
Plannin$ Commission's report and recommendations, the Board shall
hold a public hearl~lg with notice to be liven as sci out in Para-
graphs 2 and 3 above.
4 of $
In the case o£ all proposed changes or amendments, such changes
or amendments shell not be adopted except by the affirmative vote of
four (6) members of the Boerd.
8. Failure of Board Lo Act: If · Plenning Commission recommendation is
not legisletively decided within ninety (90) deys of the dele of
closing of the public hearing by the Board, the applicetion upon
whlch Lite report end reco~m~daCloit ia baaed shall be deemed to have
been denied, providing the Board may refer the application Lo the
Plenning Commission for further study.
9. Limitations on the Rezonins of Property:
A. Except where the proposel for the rezoning of property involves
en extension of en existing district boundary, no change in the
zoning clsssi£icetioe of lend shell be considered which
volvee lees than forty thousand (60,000) square feet of area
and two hundred (200) feet of street frontage.
B. Whenever the Board bee denied an epplication for the rezontn8
of property, the Planning Commission shall no: thereafter:
(1) Consider eny further application for the same rezoning
eny part or ell of the same property for · period of
twelve (12) months from the date of such scLion;
(2) Consider an application for any other kind of rezoning or
any part or all of the same property for · period of six
(&) months from the date of such action.
10. Waiver of Time Limits: The time limits of subsection IO,B above may
be waived by three (3) ·ffirmstive votes of the Board when such
action is deemed necessary to prevent injustice or to facilitate the
proper development of Collier County.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice that it
has been £iled by the Secretery of State.
ADOPTED THIS Sth day of __peb~m~arv
· ., 1980.
ATTEST: ~
· .... 3/ 9 .-t-,'
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the Secretary of State's
Office the 9th day of February, 1980 and acknowled
merit of that filing received this l~th day of
February, 1980.BY~
Sofa
~FA'I3] OF FIX3RIDA
1, WlLLI~ J. ~C~, Clerk of ~urts in ~ ~or ~e ~entieth J~icial
Circuit, Collier ~ty, ~lori~, ~o hereby c~rti~ ~a~ ~ ~oregoin8 is a
t~o original o~:
0~I~ ~. 80-22
which w~ adopted by the ~ard o~ ~W ~ssi~ers d~ing Re~lar Session
Feb~a~ 5,
lVI~ ~ ~d and the official seal of the ~ard o~ Co~W ~missioners
of ~llier Co~, Flori~, this 5~ ~y of Feb~, 1980.
~LLI~I J. ~
Clerk o~ ~ur~ ~d Clerk
h-o~icio to kud of
Co~W ~ssioners
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