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Agenda 05/31/2000 S
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, May 31, 2000 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED 1N WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD 1NCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DE¥1CES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH 1NCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE l, GENERAL PROVISIONS, DIVISION 1.9. ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DI¥1SION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.5. EXCAVATION; DIVlSION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION; ARTICLE 6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DOCK FACILITY, FLOOR AREA RATIO AND COMMERCIAL EQUIPMENT; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND I May 31 ,2000 SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 May 31 .2000 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9. ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.1. GENERAL; DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET PARKING AND LOADING; DIVISION 2.4. LANDSCAPING AND BUFFERING; DIVISION 2.5. SIGNS; DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS; ARTICLE 3, DIVISION 3.2. SUBDIVISIONS; DIVISION 3.5. EXCAVATION; DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION; 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION; ARTICLE '6, DIVISION 6.3. DEFINITIONS, INCLUDING, BUT NOT LIMITED TO THE DEFINITIONS OF DOCK FACILITY, FLOOR AREA RATIO AND COMMERCIAL EQUIPMENT; APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend provisions of the Collier County Land Development Code. CONSIDERATION: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Department Services Advisory Committee, Collier County Planning Commission, the Environmental Policy and Technical Advisory Board and the Environmental Advisory Council where applicable. Recommendations are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on May 3, 2000 and May 17, 2000. A summary of the review of these amendments by the Development Services Committee, Environmental Advisory Council and the Collier County Planning Commission is provided with this Executive Summary. 3 1 2000 FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. STAFF RECOMMENDATION: That the Board of County Commissioners approve amendments to the Land Development Code except as otherwise modified at this final public hearing all which are described in the draft Ordinance of Adoption included with this executive summary. EP~ RED B~ RONXLD F'] N~INb,N'A-~I"L--'q~ DATE CURRENT PLANNING MANAGER REVIEWED BY: ROBERT J. MULtIERE, AICP VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEVEI~OPMENT & ENVIRONMENTAL SERVICES DATE !i:/I.DC Cycle I - 2000/EXECUTIVE SUMMARY-2000 !st hearing 05-31-00. DOC AGENOA ITE. I~ N~. _2., 'MAY 3 1 2000 2000 Land Development Code Amendments - CYCLE I Summary Sheet LDC Proposed DSAC EAC CCPC Section Amendment Recommendation Recommendation Recommendatio~ Sec: 1.9.8.6. Page 1 General Provisions-Enforcement Correct required minimumApproved Per Staff Approved Per StaffApproved PO~ $~ Barbara Burgeson- Environmentaltree sizes RecommendationsRecommendations Alex Sulecki- Environmental Kim Maheuron- Environmental Sec: 2.2.2.3.21. Page 2 Rural Agricultural District Allow retail sales of vegetable )roduce in conjunction with aApproved Per Staff ~ppro~d P~ S~ Ron Nino-Current Planning :onditional use for a retailRecommendations N/A Ross Gochenaur-Current Planning>lint nursery Sec: 2.2.15.4.3 .; Page 5 2.2.15.4.7.; 2.2.15.4.8.;2.2.15 I/2.3.9.;Replace allowable maximum 2.2.15 V2.4.3.; 2.2.15'/2 4.7.;:lensity for hotels, motels and 2.2.15.1A.4.8.; 2.2.8.4.3.; 2.2.8.4.4.;time share condominiums in ApproVed ~ro~id~ 2.2.8.4.5.; 2.2.8.4.7.2.; 2.2.8.4.8.;:ommercial and RT zoningRecommend 2.2.8.4.9.; 2.2.8.4.10.; 2.2.8.4.11.:listrifts with a maximumapproved but Zoning Districts, Permitted Uses,floor area ratio requirement.[urther provide for ba~h~ foUR Conditional Uses, Eliminate maximum densitygreater FAR for Dimensional Standards requirement. Increase frontResort Hotels eitherN/A ~ard setbacks for buildingsby conditional use Ron Nifo-Current Planning ~ver 50 feet tall in the C-4~r special Susan Murray-Current Planning~nd RT zoning districts.:xception. g~ffco~sehted to ~lari~y building height ~ha~ requirements in RT zoning :listrift. Sec: 2.2.16 V:. Page 8Zhanges to the BP District Business Park PUD District include new professional, ~ppr9~d ~er ~i :onstruction and health Re~om~hdati!oni Ron Nino-Current Planning ~ervice related uses; p~ovid~d David Weeks-Comprehensive :limination of obnoxious ?lanning ~ses; changing from a Approved Per Staff 'straight" (non-PUD) zoningRecommendations N/A i~ihcr/e~se~to~ :listrift to a PUD; and ~nt 'introduction of development regulations consistent with the gtaff~onsentedt0 ~,ollier County Growth ~h~ges~!i g/lanagement Plan. gec: 2.2.16.4.3. Page 161.) Reduce required front yardi Minimum yard requirements setback from 50 to 25 feet, and, 2.) Eliminate zero side Approved Per Sta Ross Gochenaur-Current Planningyard setback option whileApproved Per Staff N/A ~etaining total side yardRecommendations Recommendation: 3etback requirement of 20 ~ercent of !or width, not more than 50 feet total. 05/18/00 1 2000 Land Development Code Amendments - CYCLE I Summary Sheet LDC I Proposed Section Amendment DSAC IEAC Recommendation Recommendation CCPC Recommendatio Sec: 2.2.20. Page 17To amend Section 2.2.20, Planned Unit Development DistrictPlanned Unit Development, Approved Perli:St~ for the purpose of addingApproved with R~nd!ati~0r Ron Nino- Current Planning ,rovisions that allow andmodification N/A ih~atin~ 0 ~ David Weeks - Current Planningregulate the development of~ncreasing FAR PUD Neighborhood Village Centers (commercial). Sec: 2.2.20.3.3. Page 31History has demonstrated that Planned Unit Development Districtm a row of zero-lot line ~arcels, a building permit may Ron Nino - Current Planning be issued on one side of the Fred Reischl - Current Planningrow with the zero setback on the left, and on the other side of the row the zero setbackApproved Per Staff will be on the right. The lotRecommendations N/A "in the middle" then becomes unbuildable without a variance. With approval of an SIP, building permits will be issued according to the setbacks on the SIP. Sec: 2.2.23. Page 33Amend Airport Overlay Airport Overlay Districts District to provide for reduced noise levels by creating a new Don Murray-Current Planning Airport Noise Zone "D,, and Lisa LeBlanc-Naples Airport changing the noise levels forApproved Per Staff i ppro~dPer St~ existing noise zones. TheseRecommendations N/A iR~:0 ndati0n changes will reduce existing noise levels in some surrounding areas of the Naples Airport Sec: 2.2.30. Page 62A 1999 amendment to the Santa Barbara Commercial Solden Gate Area Master Plan Overlay District GGAMP) of the Growth Management Plan added theApproved Per Staff Approved Pe~ St~ David Weeks-Comprehensive Santa Barbara Commercial N/A Subdistrict. The proposedRecommendations R~o~e~datio~ Planning amendment herein described will serve to implement that Subdistrict. Sec: 2.3.4.11.2.c. Page 66Proposed language to modify Off-Street Parking and Loadingthe 25-foot required yard for commercial zoning adjacent Fred Reischi-Current Planningto residential zoning for a Approved Per Staff Approved Per St~ Parking Exemption in a case N/A Recommendations Recommendation where commercial structures maintain a minimum of 25 feet from residential property m residential use. 05/18/00 2 2000 Land Development Code Amendments - CYCLE I Summary Sheet LDC Section Proposed [DSAC EAC Amendment Recommendation Recommendation CCPC Recommendatio Sec: 2.3.4.11.2.c.2 Page 67Remove the requirement that a Off-Street Parking and Loadingnon-commercial lot applying for Approved Per Staff Approv~dpeiSt,, a Parking Exemption must meet N/A Ron Nino-Current Planning FLUE criteria for commercial.Recommendations R~f~:h~atior Fred Reischl-Current PlanningRenumber subsequent entries. Sec: 2.3.4.12.2. Page 69The sidewalk will be made Off-Street Parking and Loadingnarrower where vehicles Overhang on to the sidewalk, and NotRecon'end! Start Chrzanowski-Engineeringthe vehicle overhang will not beDSAC initiated Fred Reischl-Current Planningconsidered in the design orhowever, staff does review; and the clearance N/A between the required landscapenot agree with this buffer and the face of the curb oramendment R~¢orntni~datiOn wheelstop to allow for the vehicle overhang will be eliminated. Sec: 2.4.3.5. Page 72 Landscaping & Buffering Specify requirement for Approved Per Staff Apgr0~a Per ~ staking of newly plantedRecommendations N/A Nancy Siemion, Landscape Architectlandscape trees. Kim Maheuron- Environmental Sec: 2.4.4.17., 2.4.4.17., Page 73 2.4.7.4. Renumber figures where Landscaping & Buffering necessary, to clarify graphicsApproved Per Staff ~ppro~ ~er St~ Recommendations N/A Re~e~ati~h and language Nancy Siemion, Landscape Architect Sec: 2.4.4.17. Page 79Require that sign location and Landscaping & Buffering related landscaping be shown Approved Per Staff ApproVed Pe~ Sta on landscape plan. ProvideRecommendations N/A ~e~om~fidati0n Nancy Siemion, Landscape Architectcross referencing of landscape code and sign code. Sec: 2.4.5.2. Page 80 Landscaping & Buffering Require terminal landscapeApproved Per Staff Approved Per S~a Nancy Siemion, Landscape Architectislands in vehicular use areasRecommendationsN/A R~~hdation John DiMArtino, Landscape Inspect Kim Maheuron- Environmental Sec: 2.4.5.4 Page 83Cross referencing of Landscaping & Buffering landscape code and Division " ' Approved Per St~ 2.8. Architectural and SiteApproved Per Staff N/A Nancy Siemion, Landscape ArchitectDesign Standards andRecommendations Recommendation Guidelines for Commercial Buildings and Projects." Sec: 2.4.7.4. Page 84Cross referencing of Landscaping & Buffering landscape code and SectionApproved Per Staff N/A Approved Per St~ 2.6.28. "Automobile ServiceRecommendations Recommendation i Nancy S iemion, Landscape ArchitectStations." 05/18/00 3 2000 Land Development Code Amendments - CYCLE I Summary Sheet Section Amendment Recommendation Recommendation Recomrnendatim Sec: 2.5.5.2.5.8.3. Page 86~11owing special event signs for Special Events Signs. guch uses as fairs, carnivals, circuses, revivals, sporting ~vents or any public, charitableApproved Per Staff N/A Approved Per S~ Chahram Badamtchian-Current ~nd educational event to be Recommendations R~O~¢~aation :rected 15 days prior to the event ?lanning and to be removed within 7 :alendar days after the event. Sec: 2.6.7.1.1 Page 87 Parking And Storage Of Certain Vehicles Modify section to require Approved Per Staff ~r0ved-Eer S~ :lisplay of license plate. Recommendations N/A Re~6~hd~ibn Michelle Arnold-Code Enforcement Sec: 2.6.21. Page 88 1) Add language more clearly Dock Facilities identifying waterfront property governed by the provisions of Ross Gochenaur-Current Planning ~his section; 2) Allow a ;~ercentage criterion (25% with a 20-foot maximum) to determineApproved Per Staff ,rotfusion limits for docks onRecommendations N/A ~aterways under 100 feet. This ~vould allow more reasonable use >f narrower waterways and to reduce the number of boat dock :xtension petitions gec: 2.6.33. Page 93 Re-order parts of the section Temporary use permit ~nto a more logical order; ~ermit issuance of a Fred Reischl-Current Planning I'emporary Use permit to each business in a multi-tenant building; eliminating the feeApproved Per Staff ~pm~d Per S~ for nonprofit organizations Recommendations N/A ~~ndati~ requesting a Temporary Use ~ermit for an event; updating Director's titles; correcting typographical errors. Sec: 2.6.35.6.26. Page 105 Amend the section number Non-Ionizing Electromagnetic referring to non-ionizing Radiation (NIER) ~lectromagnetic radiation ~NIER) from Section Approved Per Staff Approved Per St~ Don Murray-Current Planning 2.6.35.6.26 to Section N/A Recommendations R'e~om~endation 2.6.35.6.31 of the LDC, moving that requirement to the end of Section 2.6.35 of the LDC. 05/18/00 4 2000 Land Development Code Amendments - CYCLE I Summary Sheet Section Amendment Recommendation Recommendation Recommendatio] Sec: 2.6.35.7. Page 106 The amendment will change M!igator Alley Communication separation and setback rowers requirements as provided for in Section 2.6.35 of the LDC to Supports Supports ~pproved Per SU Don Murray-Current Planning hllow more flexibility in placingPetitioner's RequestPetitioner's Request Lodestar towers within the 1-75for 4 towers for 4 towers 5ght-ofoway. Towers will be used for both public and private ~urposes. Sec.: 3.2.6.5.3 Page 112 a~dded requirement for Procedures For Acceptance Of ]eveloper to provide final Required Improvements :elease of lien from Approved Per Staff Approved Pe~ S~ :ontractor(s) prior to Recommendations N/A ~:e~endati~ Fore Kuck-Engineering preliminary approval of ~ubdivision improvements. Sec: 3.2.7. Page 115 Under preliminary subdivision Preliminary subdivision plat ~lat submission requirements,Approved Per Staff ApprOVed P~:S~ add to , requirements include N/A Ross Oochenaur-Current Planning ~etbacks and additional details Recommendations ~e~o~dafi~ for typical lots and lot use Sec: 3.2.9.1.2 Page 116 Length of time allowed in Final subdivision plat ~vhich a developer must A~prO~ed P~ S~a :omplete required subdivision Approved Per Staff N/A tom Kuck-EngineeringJohn tmprovements within a plattedRec°mmendati°ns Houldsworth-Engineering ;ubdivision. Sec: 3.5.7.2.5. Page 117 Uonstruction Requirements For rrhe Construction Of Excavations Remove ability to waive Approved Per Staff Approved Per Staff App?6v~d Per S~ ~inimum planting heights Recommendations Recommendations Barbara Burgeson-Environmental .Alex Sulecki- Environmental l<im Maheuron- Environmental Sec: 3.9.4.1. Page 118 Appro~edPe~ S~ Application Requirements :orrect name of state agency Approved Per Staff Approved Per Staff ~ ~tti~fi Barbara Burgeson-Environmental and add new agencies Recommendations Recommendations ~~ Kim Maheuron- Environmental Sec: 3.9.5.5.2. Page 119 Add language to reference the Vegetation Removal Protection & ~roposed amendments to the Preservation Standards ~rotected species section of the ~ode. Amend the exception Barbara Burgeson-Environmental >ortion of 3.9.5.5.3 so that it isA :onsistent with what is required: pproved Per StaffApproved Per StaffApproved Per St, tn 3.9.5.5.4. This was an Recommendations Recommendations Recommendation ~versight when 3.9.5.5.4 was amended a few years ago. The last change is to simplify the >lint size description at the end of 3.9.5.5.4. 05/18/O0 5 2000 Land Development Code Amendments - CYCLE I Summary Sheet LDC I Proposed Section Amendment DSAC [EAC ICCPC Recommendation Recommendation Recommendatior Sec: 3.9.6.6. Page 122Further clarify and define Vegetation Removal Permits ~reas for exotic vegetation removal and add requirementApproved Per Staff Approved Per Staff~ppr0~ed Pe~ Sta John DiMartino-Engineering for golf courses to remove RecommendationsRecommendationsR~:~adafi:o~ Kim Maheuron- Environmental exotics prior to a preliminary acceptance. Sec: 3.9.6.8. Page 124 Vegetation Removal Penalty Correct required minimumApproved Per Staff Approved Per Staff Barbara Burgeson- Environmentaltree sizes. RecommendationsRecommendations R~~at{~ Alex Sulecki- Environmental Kim Maheuron- Environmental Sec: 3.9.6.9. Page 125 Vegetation Removal Corrective Measures Remove example of St~ Barbara Burgeson-Environmentalreplacement by dbh (diameter Approved Per Staff Approved Per Staff Alex Sulecki- Environmental at breast height). Recommendations Recommendations Kim Maheuron- Environmental Sec: 3.9.6.9.2. Page 126 Vegetation Removal Permits Correct required minimumApproved Per Staff Approved Per Staff~Ppr0~e~ Pet~ Sia~ Barbara Burgeson-Environmentaltree sizes. ~ecommendations Recommendations Alex Sulecki- Environmental Kim Maheuron- Environmental Sec: 3.9.6.9.5. Page 127Add language which reduces Vegetation Removal Donation ofcorrective measures when Land or Funds applied to single-family and By a Vote of 6 to 5Approved Per StaffApproVed P~ Sta~ Estates property owners who disapproved Recommendations R~~ndationS Michelle Arnold-Code Enforcement have cleared one-acre of land ~n advance of building permit ~uthorization. Sec: 3.11.2. Page 128To provide additional Recommended Endangered, Threatened, or Listedlanguage to the protected approval Species Protection species section of the LDC, in d~h~en~ res~ifin order to provide staff the ~6~ furthe~ Barbara Burgeson-Environmentaiwritten support of requiringApproved Per Staff Approved Per Staff dollarration ninimum habitat protection RecommendationsRecommendationsbe~een for gopher tortoises, so that enviro~ental we do not endanger their agen¢ie~ survival on approved consultar~ts~ developments. Sec: 6.3 Page 133 Division Definitions Add language to definition of "Dock Facility" "dock facility" which includesApproved Per StaffN/A Approved Per Sta' the combination of dock andRecommendations Recommendation: Ross Gochenaur-Current Planningvessel. 05/18/00 6 2000 Land Development Code Amendments - CYCLE I Summary Sheet Section Amendment Recommendation EAC Recommendation ccPc Recommendatiol Sec: 6.3 Page 134 Division Definitions "Floor Area Ratio" Add language to der'tuition of Approved Per Staff Approved P¢~ S~ 'floor area ratio" for Recommendations N/A Re~m~ehdatior Susan Murray-Current Planning :larification purposes. Sec: 6.3 Page 135 Modify definitions of Division Definitions ~'Commercial Equipment" and Approved Per Staff ~pro~a Pe~ S~ "Commercial Equipment" "Commercial Vehicle" ~,ecommendations N/A R~eom~dafi~ Michelle Arnold-Code Enforcement :: Page 136 Divl~io~ D:efi~ifibns ~oVide fo~ s~ia} ~tatus 0f !i ~i~afi~ Reso~ Hotel !! ~ot~l~ enj~]~ h~ F:A~ R~o~mehd~d by Appr0~d Pe~ S~ OS~C N/A R~~adtiOi Ron NhmCu~nt ~!~ning These Requests for Amendments and their results can be viewed on the County WEB at: http://co.collier.fl.us/planning/LDC_amendments/LDC C¥cle_I Requests.htm 05/18/00 7 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Alex Sulecki, Kim Maheuron DEPARTMENT: Planning Services/Code Enforcement LDC PAGE: 1:25 LDC SECTION: 1.9.8.6 CHANGE: Correct required minimum tree sizes. REASON: Eliminates lower remedy requirement applied to violations than are applied to permittees. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Amend Subsection 1.9.8.6. as folloxvs: Sec. 1.9.8 Other remedies 1.9.8.6. Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the code, including corrective measures pursuant to section 3.9.6.9. Replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. At the time of planting, a replacement tree shall have a minimum c-a4ip~ dbh of 11/2 3 inches and a minimum height of~ 14 feet and a 7 foot crown; and MAY 31 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Ronald F. Nino : DEPARTMENT: Planning Services L!)C PAGE: LDC 2:17 LDC SECTION: 2.2.2. Rural agricultural district (A) CHANGE: Allow retail sales of vegetable produce in conjunction with a conditional use for a retail plant nursery REASON: The sale of produce irrespective of where grown is not greatly different from the sale of plant material and related landscaping supplies allowed under the conditional use for a retail plant nursery. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous). 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10.' Schools, public and private. 11. Child care centers and adult day care centers. 2 MAY 3 1 2000 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402'F.S. and ch. 58A-5 F.A.C'.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 2.6.26 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. b. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. do Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. AGENDA ITEM MAY 3 1 2000 eo The height of raw material storage facilities shall not exceed a height of 50 feet. 23. f. Hohrs of operation shall be limited to two hours before sunrise to sunset. go ho The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. jo An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91 - 103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida state park system as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county, state or federal jurisdictional wetland area. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. LDC AMENDMENT/ / 4 ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. Nino, AICP, Current Planning Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: 2.56; 2:57; 2.33; 2.34 LDCSECTION: 2.2.15.4.3.; 2.2.15.4.7.; 2.2.15.4.8.;2.2.15 i/2.3.9.; 2.2.15 '/2.4.3.; 2.2.15'/2 4.7.; 2.2.15.'/2.4.8.; 2.2.8.4.3.; 2.2.8.4.4.; 2.2.8.4.5.; 2.2.8.4.7.2.; 2.2.8.4.8.; 2.2.8.4.9.; 2.2.8.4.10.; 2.2.8.4.11. CHANGE: Replace allowable maximum density for hotels, motels and time share condominiums in commercial and RT zoning districts with a maximum floor area ratio requirement. Eliminate maximum density requirement. Increase front yard setbacks for buildings over 50 feet tall in the C-4 and RT zoning districts. Clarify building height requirements in RT zoning district. REASON: 1. Increased the front yard setbacks for buildings over 50 feet in height in the C-4 and RT zoning districts which allow building heights up to 100 feet in order to reduce the impact of taller buildings from the street. 2. Replace density limitations for hotels and motels with FAR requirements, because it is unreasonable to speak of hotel density in the same context as conventional housing. Unit ratio's make no sense as an intensity regulating tool because it fails to distinguish between a budget hotel and hotels with suites. The City of Naples limits the intensity of development of hotels through the FAR. This permits hotels to be constructed of reasonable intensity to address market conditions. Furthermore, the proposed language change allows for an FAR up to .60. Hotels and motels are required to have conditional use approval when located outside Activity Centers. The conditional use process could limit gross square footage of a hotel located outside Activity Centers if there were compatibility issues associated with development. 3. Clarified the maximum height in the RT zoning district because the LDC does not define the height of a "story." 4. In conjunction with the FAR requirement, eliminated the maximum floor area limitation for hotels and timeshare condominiums. An increase in hotel room size will result in a decrease the density of development utilizing the FAR. Larger timeshare condominiums will likely reduce impacts and result in higher property values and more upscale development. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Sections for the C-4, C-5 and RT zoning districts and Section 6.3, Definitions. 5 A C-.-.~ A ITEM MAY 3 1 2000 Division 2.2ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.15. General commercial district (C-4). 2.2.15.4.3. Minimum yard requirements. Front yard. 25 feet or one-half of the building height as measured from each exterior wall, whichever is greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional 1 foot of setback for each foot of building height in excess of 50 feet. 2.2.15.4.7. Floor area ratio. ~ The maximum floor area ratio for hotels and motels shall not exceed a factor 2.2.15.4.8. Maximum density ~ "";* ........c~. ~.~,~ ~+~ n--a timezharo -- acti;'it:, ....'~' Reserved. 2.2.15 V2.3. Conditional uses for C-5. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in division 2.7.4. 9. Hotels and motels (groups 7011, ggg-l-, 7021, 7041 when located outside an activity center. 2.2.15 V2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 3. Rear yard. Zero feet er five feet .or One-half of the building height as measured from each exterior wall., ':;kickever is greater. 2.2.15 %.4.7. Floor area ratio. ~ The maximum floor area ratio for hotels and motels shall not exceed a factor of 0.60 2.2.15 V2 4 8 Maximum density an activity center. Reserved. Sec. 2.2.8. Residential tourist district (RT). 2.2.8.4.3. Minimum yard requirements. 1, Front yard--One h~f ~e building height as measured from each exterior wall or wing of a s~cture ~itha minimum of 30 feel 6 2.2.8.4.4. Maximum height. Ten stories or-for a maximum height of 100 feet_. 2.2.8.4.5. Maximum density permitted A maximum of 25 and 16 units per acre for time, zharez and multifamily when located within an activity center or if the RT zoning was in existence at the time of adoption of this code. When located outside an activity center, except as provided above, the density shall be determined through application of the density rating system established in the Collier County growth management plan, but shall not exceed 16 units per acre. 2.2.8.4.7. Floor area requirements. 2.2.8.4.7.1 .500 square feet minimum for timeshare facilities. Minimum tgrequirements for multiple family, efficiency, 450 square feet; one bedroom, 600 square feet; two bedrooms or more, 750 square feet. 2.2.8.4.7.2. 300 square foot minimum for hotels and motels. 2.2.8.4.8. a,t~; .... ~ ........... /r, ...... a ~ Floor area ratio. The maximum floor area ratio for hotels, motels and timeshare facilities shall not exceed a factor of 0.60 coverage (Rescued.) 2.2.8.4.10. Landazaping ..... : ..... *~ a ...... :"=a :" a:":~:"" ~ ~ Off-streetparking and off- street loading. As required in division 2.3. 2.2.8.4.11. Landscaping requirements. As required in division 2.4. LDC AMENDMENT/ / ORIGIN: Current Planning and Comprehensive Planning Sections AUTHOR: Ronald F. Nino, AICP, Manager, Current Planning Section David Weeks, :AICP, Principal Planner, Comprehensive Planning Section DEPARTMENT: Planning Services Department LDC PAGE: 2:64.1 thru 2:64,4. LDC SECTION: 2.2.16 I/2. Business park district (BP). CHANGE: Changes to the BP District include new professional, construction and health service related uses; elimination of obnoxious uses; changing from a "straight" (non-PUD) zoning district to a PUD; and introduction of development regulations consistent with the Collier County Growth Management Plan. REASON: Revisions to the BP District are necessary in order to reflect changes made to the Future Land Use Element of the Growth Management Plan. FISCAL & OPERATIONAL IMPACTS: Non~ RELATED CODES OR REGULATIONS: Future Land Use Element. Sec. 2.2.16 1/2. Business park PUD district (BP). 2.2.16 1A. 1. Purpose and intent. The purpose and intent of the business park PUD district (BP) is to provide a mix of industrial uses. corporate headquarters offices and business/professional offices which ~ complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district ........ : ,.~,.'~ .~o:~.~.:~. 'he ~" ....L~"d is petitted in the Urban - Mixed Use, Urban Commercial, and Urban - Industrial Districts of the Future Land Use Element of the Collier County Gro~h Management Plan. 2.2.16 1/2..2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual%t-gg7-), or as otherwise provided for within this section, are permitted as a right, or as uses accessory to permitted primary_ and secondary uses in the business park PUD district (BP). 8 MAY 3 1 2000 P.._ 12' 2.2 16 'A.2.1. Permittedprimary uses - 100% of the total business park PUD district acreage allowed to be developed: 1. Aircraft and parts (groups 3721-3728) 2. Apparel and other finished products (groups 2311-2399) 3. Building ..............~,,v-v ......... 3.4~.Business services (groups 7311 ) ~731% '~ 1 ~ '~2 ! o, 722 ~ ',33g, ,~3~,~ -~-~oo n~t ~nclud[ng .....: .......(5999)) Communications (groups 4812-4899 nat including communication towers limited in height to 100 feet and subiect to Section 2.6 35.6.2. !.) Construction: Special trade contractors (groups 1711-1799) 7~ ~ Deposito~ and non-deposito~ institutions (groups 6011,-6! 63 6019, 6081, 6082) 8= ~ Drags and medicines (groups 2833-2836) 9~ 10. Eating places (group 5812 not including fast foods, walk up xvindows and drive-thin restaurants) 10. I!. Educational se~ices (groups 12~2 82~9 8221-8299) 11. ~ Electronics and other electrical equipment manufacturing (groups 3612-3699) 12. I~. Engineering, accounting, research, management and related se~ices (groups 8711-8748) 13. Food Manufacturing (groups 2034, 2038, 2053, 2064, 2066, 2068, 2096, 2098, 2099) 14. Furniture and fixtures manufacturing (groups 2511 -2599) 15. Government offices~uildings (groups 9111 - 922¢2, 9224-9229, 9311~9411-9451, 9511-9532, 9611-9661) l~. Health Se~ices (groups 8011-8049) 16.17. Industrial and commercial machine~ and computer equipment (groups 3511-3599) 17:18. Industrial inorganic chemicals (groups 2812-2819) ; 9 AGENDA I'TT.M MAY 3 1 2000 !°..19. !9.20. 20.21.. 21. 22. 23. 24. 25. 25. 26. 27.26. 28. 20.27. 31.28. 32.29. 33.30. 31. 24.32. Job training and vocational rehabilitation services (group 8331) Leather and leather products (groups 3131-3199) : Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks manufacturing (groups 3812-3873) Medical laboratories and research and rehabilitative centers (groups 8071, 8072, 8092, 8093) Miscellaneous manufacturing industries (groups 3911-3999) Motion Picture production (groups 7812-7819) Paper and allied products (groups 2621-2679) Perzona! zer;Sceg (groups 72 ! ! 7219) Plastic materials and synthetics (groups 2821 2S24,2834) Printing, publishing and allied industries (groups 2711-2796) Professional offices: mm-,~ ..... :~ t ...... n-mnx. insurance agencies~ (group 6411); insurance carriers (groups 6311-6399); real estate (groups 6531, 6541, 6552, 6553); holding and other investment offices (groups 6712-6799); attomeys (group 8111 ) Rubber and miscellaneous plastic products (groups 3021, 3052, 3053) Security/Commodity brokers (group 6211) Transportation equipment (groups 3714, 3716, 3731, 3732, 37: 27~!, 27~4, 2769, 3792, 3799) 21_0 AGENDA 1, 31 2OOl] .~5.3~. 25.34. 37.35. United States Postal Service (group 4311) Wholesale trade - durable goods (groups 59!2 59!a., 5021- 5949, 5031, 5043-5049, 5063-5078, 5091, 5092, 5094-5099) Wholesale trade - nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5192-5199) 2.2.16 '/2.2.2. Pertnitted secondarp uses accessory to the business park PUD district - development limited to a maximtim of 30% of the total acreage of the business park district: Business services (groups 7312, 7313, 73.19, .7.331, 73.34-7336, 7342, 7349, 7352, 7361, 7363. 7371-7384, 7389) Child day care services (group 8351) Depository and non-depository institutions (groups 6021-6062. 609!, 6099, 6111-6163..) o Drug stores (group 5912, limited to drug stores and pharmacies) in conjunction with Health Services groups and medical laboratories/research/rehabilitative groups. . Hotels (group 7011 hotels only). Maximum density 26 units per acre when located within Activity Centers and 16 units per acre when located outside Activity Centers. 6_. Membership organizations (groups 8611' Business associations. 8621' Professional organizations, 8631: Labor unions and similar labor organizations} Personal services (groups 7215- 7231, 7241) Physical fitness facilities (group 7991) 9_. Professional bffices: Travel agencies (group 4724) 2.2.16 V2.2._2=3__:_. Uses accessory to permitted primary and secondary uses.' 1. Uses and structures that are accessory and incidental to uses 11 AGENDA ITEM" MAY 3 1 2000 permitted as of right in the BP district. 2. Caretaker's residence, subject to Section 2.6.16. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater thai 20 ~t~nt of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. 2.2.16 ~A.2.3,d. General requirements. The following requirements shall apply to the business ~ .... ;~ '~:~*~;~* ~"'~/~ business park PUD district. Business parks shall be a minimum of 35 contiguous acres. The term contiguous shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five acres. Business parks shall be permitted to develop with a maximum of 4 0 30 percent commercial uses. For the purposes of this section, commercial uses are defined as ~ financial institutions, ~,~, .... ~ r~;~;,~ fitness centers, child care centers, restaurants~ ~-~ pub!i~ and semi public facilities. retail sales in accordance with Section 2.2.16 1/2.2.3, and recreational facilities. Business parks within the Urban - Industrial District of the Future Land Use Element shall have direct access to a road classified as an arterial or collector street,--on the Five Year Future Traffic Circulation Map contained in the Transportation Element, and shall have with an internal circulation system that prohibits in~'aztria! traffic from traveling through predominantly residential areas. Business parks within the Urban Mixed- Use and Urban Commercial Districts of the Future Land Use Element shall have direct access to a road classified as an arterial street on the Five Year Future Traffic Circulation Map contained in the Transportation Element, and shall have an internal circulation system that prohibits traffic from having direct access to the arterial roadway and from traveling through predominantly residential areas. 12 o o Access shall be in accordance with the Collier County Access Management Policy or plan and consistent with Objective 7 and Policy 7.1 of the Traffic C:,rcu!atic, n Transportation Element. Business parks shall have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses Business parks located within Interstate Activity Center quadrants .that permit industrial uses shall also be required to meet the standards as stated under the Interstate Activity Center Subdistrict of the Future Land Use Element for commercial and industrial land uses. These standards include site development plan. approval; landscaping, buffering and/or berming shall be installed along the.. Inter.state; fencing shall be wooden or masonry; no direct access to the Interstate right-of-way shall be permitted; joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Management Policy, Activity Center Access Management Plans, or State Access Management Plans, as applicable; access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; the developer shall be responsible for providing all necessary traffic improvements - to include traffic signa. ls,.._tum.. lanes, deceleration lanes, and other improvements deemed necessary - as determined necessary during the rezoning process; a. nd, a maximum floor area ratio (FAR) for the designated industrial land uses component of the projects shall be established at 0.45. A twenty five (25) foot wide landscape buffer shall be provided around the boundary of the business park. A six foot tall opaque architecturally finished masonry ~vail, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm, or berm/wall combination. 2.2.16 1/2.2.4:.5_:. Dimensional standards. The following dimensional standards shall apply to all permitted~ and accessory, and czn~itie, na! uses in the business park PUD district (BP). Where specific development criteria and standards also exist in the Immokalee Master Plan or in the Future Land Use Element of the Collier County Growth Management Plan, they shall supersede any less stringent requirement or place additional requirements on development. 2.2.16 V2.2.4:.5_.1. Minimum lot area: 20,000 square feet. 2.2. t 6 V2.2.4:.5_:.2. Minimum lot width: 100 feet. 2.2.16 V2.2.4,.5_:3. Minimum yard requirements for principal and accessory structures: 1. Front yard: 50 feet. 13 AGENDA ITE~ 3 1 2OO0 manner, ..... ...,~ +~ ~, ....+ ....: .....,_.~,~ ~, ,~ ~:a~~ ':-~ 10 feet 3. Rear yard: 4-5 25 feet. 4. Yard abutting residential lot: 50 feet. 2.2.16 I/2.2.~5_.4. Distance between structures. If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their heights, whichever is the greater. 2.2.16 1/2.2.4,.5_5. Maximum height of structures. 35 feet. 2.2.16 V2.2.&5~6. Minimum floor area. 1,000 square feet. 2.2.16 IA.2.~5_.7. Maximum building coverage: Maximum building coverage shall not exceed 45 percent of the lot area. 2.2.16 I/2.2.~5_:.8. Minimum open space. A minimum of 30 percent of each lot shall be devoted to open space. Open space shall be that unoccupied space which is not used for buildings, parking, driveways, or structures and which is open to the sky. On improved lots, open space is the area between and around structures, including recreation areas. 2.2.16 1/2.2.~5=9. Minimum of JCstreetparking and offistreet loading. As required in Division 2.3. 2.2. 16 I/2.2.4,.5_10 Landscaping. As required in Division 2.4 and in 2.2.16 I/2.2.4.7 of this Section. 2.2.16 I/2.2.:5,6_. Lighting. Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential property. 2.2.16 IA.2.6-.7_ Signs. As required in Division 2.5, except that no pole signs shall be allowed. 2.2.16 1/2.2.~8_:. Storage. No outside storage or display shall be permitted. The parking of commercial vehicles may be permitted on improved property, provided such parking be limited to the rear yard. Furthermore, such parking areas, when located on a lot abutting a residential district, shall be screened from said residential district. Such screen may be in the form of walls or fences, and shall be at least six feet in height. Said walls or fences shall be opaque in design and made of masonry, wood, or other materials approved by the planning developmt~ services-director. Chain linked fences ~" ~^' '~ ....:"~ are prohibited in the business park PUD district. '" 14 MAY31 2 2.2. 16 ½.2.g,.9~ Sidewalks. As required in Division 3.2. 2.2.16 1/2.2._9,.10. Architectural and site design standards. All c-ommer-e4~ buildings and projects shall be subject to the provisions of Division 2.8. (Ord. No. 94-58, § 3, 10-21-94) 3/10/98 BP District LDCA F, MyDocs dw/ 3/3/2000 15 NAY' 31 2000 ORIGIN: Community Development 8,: Environmental Services AUTHOR: Ross Gochenaur .. DEPARTMENT: Planning Services LDC PAGE: 2:63 LDC SECTION: 2.2.16 Industrial district (I) CHANGE: 1.) Reduce required front yard setback from 50 to 25 feet, and, 2.) Restrict use of the zero side yard setback option while retaining total side yard setback requirement of 20 percent of lot width, not more than 50 feet total. REASON: 1.) A reduced front yard setback to 25 feet would bring this requirement more into line with front yard setbacks required for the higher-intensity commercial zoning districts and encourage increased use of parking in the rear yard. 2.) Restriction of the zero lot line setback option would eliminate the possibility that a structure built adjacent to a zero-lot-line structure might encroach into the minimum 15-foot separation of structures considered desirable for fire/life safety reasons, and would allow a full:p6rimeter landscape buffer. Exceptions would be made for construction in conjunction with an existing structure on the lot line, or in conjunction with a unified plan of development of lots under common ownership. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.2.16.4.3. Minimum yard reqldrements. 1. Front yard 25 ~JO feet Side yard The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that ~ neither side yard may nc.t be less than ten feet"-'~o~ a,~ ~, .... , .... : ..... , .... ~ at the g:~c A zero lot line option may be used only in conjunction with an existing structure built on the lot line, or in coDjunction with a unified plan of development involving one or more lots under common ownership., where the preceding yard requirements are met relative to the unified site. 3. Rear yard 15 feet. 4. Waterfront. 25 feet. 5. Railroad ROlE No setback is required from a railroad easement, or right-of-way. 6. Yard abutting residential parcel. 50 feet. LDC AMENDMENT/ / 16 MAY 31 2000 ORIGIN: Current and Comprehensive Planning Sections AUTHOR: Ronald F. Nino, AICP, Manager, Current Planning Section David Weeks, AICP, Principal Planner, Comprehensive Planning DEPARTMENT: Planning Services Department LDC PAGE: 2:70 thru 2:79 LDC SECTION: 2.2.20. Planned Unit Development District (PUD) CHANGE: To amend Section 2.2.20, Planned Unit Development, for the purpose of adding provisions that allow and regulate the development of PUD Neighborhood Village Centers (commercial). REASON: To implement the PUD Neighborhood Village Center Subdistrict of the Future Land Use Element of the Growth Management Plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: PUD Neighborhood Village Center Subdistrict of the Future Land Use Element. Amend the Land Development Code as follows: 2.2.20. Planned Unit Development District (PUD) 2.2.20.1. Purpose and intent. The purpose and intent of establishing the planned unit development district (PUD) is to provide procedures and standards to encourage mixed use planned developments that may be instituted at appropriate locations, or planned developments that may or may not be mixed use in the urban fringe areas, all in accordance with the planning and development objectives of the county under the code and the growth management plan. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control PUD's produced in compliance with the terms and provisions of this code and the growth management plan may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, so that: A more creative approach may be taken to the development of contiguous tracts of land and to encourage development of infill parcels of contiguous tracts of !and in certain circumstances. A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this zoning c~ 3. Land may be used more efficiently, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. The imp:act of a particular PUD on the present and projected population, economy, land use pattern, tax base, street system, and public facility network(s) of the county may be carefully evaluated relative to the various costs and benefits that may be associated with such development. The development employs techniques featuring amenities and excellence in the form of variations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. Exceptions to variations in siting, mixed land uses and/or varied dwelling types may be granted on PUD infill development. The maximum density permissible in the PUD district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a PUD a district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. Anything to the contrary notwithstanding, all PUD development shall be consistent with the Collier County growth management plan. 2.2.20.2. General. 2.2.20.2.1. Relation of planned unit development regulations to the growth management plan, zoning, subdivision, or other applicable regulations. All applications for PUDs shall be in full compliance with the future land use element and the goals, objectives, and policies of all elements of the growth management plan. All development regulations and other applicable provisions of all county ordinances such as, but not limited to, all provisions of the Collier County land development code, as may be amended, shall apply unless specifically modified by the approved PUD document and PUD master plan. 2.2.20.2.2. Establishment of planned unit development districts. PUD districts shall hereafter be' established by amendment of the official zoning atlas according to the procedures established in division 2.7 and requirements established herein. 2.2.20.2.3. Unified control. All land included for purpose of development within the PUD district shall be owned or under the control of the applicant for such zoning designation, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The applicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that if he proceeds with the proposed development, he will: Do so in accordance with: a. The PUD master plan of development officially adopted for the dt ;tric~io ~, MAY 3 1 2000 2.2.20.2.4. 2.2.20.2.5. 2.2.20.2.6. 2.2.20.3. b. Regulations and development standards as set forth in the PUD document and PUD master plan; Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and d. The Collier County growth management plan; Provide written agreement, contracts, deed restrictions, or sureties acceptable to the county for completion of the undertaking in accord with the adopted PUD master plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and 3. Bind his successors in title to any commitments made under section 2.2.20. Minimum area required. The minimum area required for a PUD shall be ten contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or witlain the urban fringe areas as designated on the future land use map of the growth management plan where no minimum acreage requirements must be met. For infill parcels, as defined in article 6 and the growth management plan, the minimum area required for a PUD shall be two contiguous acres. For purposes of the planned unit development district only, the term "contiguous" shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five acres. Development planning - External relationships. Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property. The PUD shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding area from potentially adverse influences generated by or within the PUD. Such protection shall include, but is not limited to, adequate buffering and screening as follows: fences, walls, or vegetative screening at the boundaries of PUD districts shall be provided in accordance with the landscaping/buffering requirements of division 2.4 to. protect residents from undesirable views, lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from xvithin the PUD district. In all cases, screening shall, at a minimum, be designed to protect existing or potential first-floor residential occupant window levels. Off- street parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened. Development planning - Internal relationships. The development plan for a PUD district shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. Development standards. In addition to all general provisions' and pr established in section 2.2.20.2, the following specific requirements, limitat standards shall apply to all PUD districts except that section 2.2.20.3.1 :1_9 ons &n. d ~ hall not 3 1 2000 2.2.20.3.1. 2.2.20.3.2. apply when there is no residential component within the PUD and section 2.2.20.3.13 shall not apply when there is no industrial component in the PUD. Maximum intensities and residential densities. Maximum residential density permissible for the overall PUD shall be guided, in part, by the density rating system contained in the future land use element of the growth management plan. The overall maximum residential density permissible or permitted in a PUD shall be calculated by dividing the total number of dwelling units by the total of gross acreage of the proposed PUD excluding the acreage of the areas designated for commercial, industrial, or other land use having an established equivalent residential density in this Land Development Code. The maximum density permissible or permitted in a PUD shall not exceed the density permissible under the density rating system, or applicable policies contained in the future land use element. Land use intensities for non-residential uses shall be governed by provisions of the most similar use district or as otherwise provided in these regulations. Maximum density. The maximum residential density permissible shall be guided, in part, by the density rating system contained in the future land use element of the growth management plan. The maximum density permissible or permitted shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The board of county commissioners may lessen density or intensity of development when it has been determined that development to the maximum density or intensity permissible in section 2.2.20.3.1.1 would: a. Create inconvenient or unsafe access to the PUD; or b. Create traffic congestion in the streets which adjoin or lead to the PUD; or c. Place a burden on parks, recreational areas, schools, and other facilities which serve or are proposed to serve the PUD; or d. Be in conflict with the intent or provisions of the growth management plan; or e. Create a threat to property or incur abnormal public expense in areas subject to natural hazards; or f. Be incompatible or inconsistent with surrounding neighborhoods or areas; or g. Otherwise be inappropriate. Multifamily entry level rental housing areas. This area is intended to apply to an area of entry level m61tifamily residential rental units having a mid-rise profile silhouette and generally surrounded by low profile structures and open space and so situated that it is well-served by public and commercial services and has, !rec, convenient access to thoroughfares and collector streets. Multifamily el try M, AY 3 I 2000 rental housing regulations shall not be used in conjunction with affordable housing density bonus regulations. 1. Permitted uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: a. Multifamily rental dwelling units. 2. Maximum density. The maximum .residential density permissible shall be guided, in part, by the density rating system contained in the future land use element of the growth management plan. The maximum density permissible or permitted shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. 3. Minimum lot area requirement. Five acres. 4. Minimum lot width. 150 feet as measured at the front yard building line setback. 5. Minimum yard requirements. a. Depth of front yard: 30 feet plus one foot for each two feet of building height over 30 feet. b. Depth of side yard: 15 feet plus one foot for each two feet of building height over 30 feet. c. Depth of rear yard: 30 feet plus one foot for each two feet of building height over 30 feet. 6. Distance between structures. a. If there is a separation between any two principal structures on the same parcel, said separation shall be a minimum of 15 feet or a distance equal to one-half the sum of their heights, whichever is the greater. 7. Minimum and maximum floor area of principal structures. a. Efficiency apartments. (1) Minimum floor area: 450 square feet. (2) Maximum floor area: 525 square feet. b. One-bedroom apartment. (1) Minimum floor area: 450 square feet. (2) Maximum floor area: 650 square feet. 21 · AGENDA ITEM' o o 2.2.20.3.3. c. Two-bedroom apartment. (1) .Minimum floor area: 650 square feet. (2) Maximum floor area: 900 square feet. d. Three-bedroom apartment. (1) Minimum floor area: 900 square feet. (2) Maximum floor area: 1,050 square feet. Maximum height of structures. a. Three living floors. Landscaping. As required in division 2.4. Minimum off-street parking. a. Efficiency apartments: Two spaces per dwelling unit. b. One bedroom: Two spaces per dwelling unit. c. Two Bedrooms or more: Two spaces per dwelling unit. Minimum dimensional standards within a PUD. Except as provided for within the industrial and neighborhood village center component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this section, examples of unique and innovative design may include, but are not limited to: 1. Providing usable common open space within individual tracts or increments to offset and compensate for decreases in typical lot sizes or yard requirements. 2. Providing for public access to open space areas beyond the boundaries of the property. 3. The use(s) occurring within the PUD are such that compatibility with surrounding uses can be assured by applying different requirements than would be applicable under another zoning district. ~ Providing places for public assembly such as parks and plazas which are linked together and centrally located to ensure accessibility. ,~, 22 2.2.20.3.4. 2.2.20.3.5. 2.2.20.3.6. 2.2.20.3.7. Siting buildings and dwelling units to provide optimum access to open space areas. Providing for the integration and preservation of natural resources'with development, through conservation of natural resources such as streams, lakes, floodplains, groundwater, wooded areas and areas of unusual beauty or importance to the natural ecosystem. Providing certain personal services, offices an.d convenience shopping goods to residents of the PUD having the effect of reducing the number of vehicular trips for these purposes to destinations outside the PUD. Submission of schematic architectural drawings, site plans, floor plans, elevations, and perspectives which shall graphically demonstrate the proposed reduction in dimensional standards for all proposed land use types and their accessory uses within the PUD shall also be required to provide support documentation for reduction in the minimum standards of the zoning code. Off-street parking and off-street loading requirements. Off-street parking and off- street loading requirements shall be as for comparable type, density' and intensity of uses established in section 2.2.20.3.3. No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the required number of spaces. Landscaping for vehicular areas shall be as established in division 2.4. Usable open space requirements. Within PUD districts composed entirely of residential dwelling units and accessory uses, at least 60 percent of the gross area shall be devoted to usable open space. Within PUD districts containing commercial, industrial and mixed use including residential, at least 30 percent of the gross area shall be devoted to usable open space. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, lakes, both natural and manmade, beach frontage, waterways, lagoons, floodplains, nature trails, and similar open spaces. Open water areas beyond the perimeter of the site, internal street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Dedication of usable open space. An appropriate percentage of the gross project area shall be required to be dedicated to public use as usable open space for all development after a determination by the board of county commissioners that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed development. Dedication of the public facilities and development of prescribed amenities. Public Facility Dedication. The board of county commissioners may, as a condition of approval and adoption of the PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of- way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for certain public facilities, the market value of the land set aside for the public purpose shall be credited towards impact fees. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as c ~_.~'n..:}~-- ~ Arroa by an accredited appraiser from a list approved by Collier County. Saic app![~.~s~a,..~ _ 23 MAY 31 2000 2.2.20.3.8. shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the fezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedicati6n. Failure to provide said appraisal within this time frame shall authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the PUD rezoning approval process. In 'any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. The land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the developer's sole expense, except as otherwise approved by the board. Failure to complete the dedication within the appropriate time frame noted above may result in a recommendation to the board of consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: The PUD shall provide for and establish an organization for the ownership~ and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after su _~ and hearing, the development services director shall call upon any I~ubli~.or t~ private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. 2.2.20.3.9. Preservation and protection of desirable natural historic or archaeological features. The desirable natural, historic, or archaeological features of the site including trees and other vegetation of consequence of a PUD district shall be preserved and protected. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD district is prohibited. 2.2.20.3.10. Utilities. Within [the] residential portion of a PUD district, all utilities, including telephone, television cable, and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require aboveground installation must be opaquely screened and thereby may be exempted from these requirements; and primary facilities providing service to the site of the development or necessary to service areas outside the district may be exempted from this requirement. 2.2.20.3.11. Streets, drives, parking and service areas. Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles; but streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks, nor shall streets be laid out or constructed so as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district. In addition, all major arteries as shown on the master plan of development shall be limited access facilities and the only vehicular access thereto shall be public streets unless otherwise provided for wiihin the approved PUD master plan. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be encouraged, except that the interconnection of local streets shall be designed to discourage through traffic, and not adversely impact local streets in the neighboring residential areas. Where streets within the district intersect adjoining streets, visibility triangle shall be maintained. All streets or roads within the PUD shall be public unless spec identified and approved as private on the PUD master plan, and shall with all requirements for streets and roads as contai, ned in division 3.2. 25 HAY 31 2000 2.2.20.3.12. 2.2.20.3.13. Signs, limitations. Signs shall be in accordance with division 2.5. Special requi~'ements for industrial planned unit developments. Industrial PUDs are intended to implement the industrial under criteria subdistrict as provided for in urban designated areas on the future land use map. The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with nonindustrial uses. The project must have direct access to an arterial street, with an internal circulation system that prohibits industrial traffic from traveling though predominantly residential areas. The PUD must have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. Minimum development standards shall be as described within this section, Special requirements for industrial planned unit developments. In industrial PUDs, no building or structure, or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than as described below. 1. Permitted principal uses and structures. a. Corporate headquarters.. b. Laboratories. c. Light manufacturing, processing and packaging. Medical laboratories, clinics, treatment facilities and research and rehabilitative centers. e. Printing, lithographing and publishing. f. Technological research, design and product development. 2. Permitted accessory uses and structures. ao Accessory uses and structures customarily associated with the uses permitted in this district. Recreational facilities such as a health spa, handball courts and golf courses, or other similar recreational activities. Co Restaurants, or offices available for use by employees of businesses located within the permitted and accessory use buildings. d. Child care centers. e. Wholesale and storage as accessory to the principal use. Development standards. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than ten percent of the gross floor area of the permitted principal structure. ------' r MAY 3 1 200 Minimum PUD area. Ten acres, except that a PUD less than ten acres but not less than two acres in size may be considered if it meets the requirements for infill parcels in this code and the growth management plan and is compatible with surrounding land uses. b. Minimum lot area. One acre. c. Minimum lot width. One hundred fifty feet_ d. Minimum yard requirements. (1) Front yard: Fifty feet. (2) Side yard: Twenty feet, except when abutting residentially zoned property then 50 feet. (3) Rear yard: Fifty feet. eo Maximum height of structures. Sixty-five feet, except when abutting residentially zoned property then 35 feet. f. Landscape buffer areas. As required in division 2.4. Fence requirements. When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel. [Outside storage or display.] No outside storage or display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. i. Usable open space requirements. 30 percent of the gross PUD area. [Performance standards.] Environmental controls, soundproofing, lighting and emission controls shall be required to mitigate impacts of the development on surrounding residential property. 2.2.20.3.14. Special requirements for mixed use planned unit developments containing commercial component. When a residential mixed use PUD containing a commercial tract or increment is located outside of an activity center, aI! cc, mmzrc~al components .................................................. an s nten e asa Neighborhood Village Center offering personal se~ices, offices and convenience goods for residents of the PUD, as provided for in the PUD Neighborhood Village Center Subdistrict of the Future Land Use Elemeqt, th~ following list of uses, regulations, development standards, amdesinn guidelines shall apply. ~ Land Area Requirement - the gross acreage of the Neighborhood Village Center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be fifteen (15) contiguous acres. Maximum Size of No. of Dwelling Units Neighborhood Village Center(Acres) 250 1.5 400 1.5 401 2.5 550 2.5 551 3.5 700. 3.5 701 4.5 850 4.5 851 5.5 1000 5.5 1001 6.75 1150 6.75 !151 8 1300 8 1301 9.5 1450 9.5 1451 11 1700 11 1701 12.5 1850 12.5 1851 14 2000 14 2001+ 15 .Maximum Floor Area Ratio: 0.25 for the commercial component 3. Permitted Uses: a. Commercial Uses: Major Category a. Groups 6021-6029 b. Group 6531 c. Group 5251 28 Specific Uses: Commercial Banks - drive-thrus are prohibited Real Estate Agents and Managers -I-~pp~tfelll~, ' xvithin PUD only ! ~to._._~ Hardxvare store-only - 2,500 sq. t1. maximum d. Group 533 i e. Group 5399 f. Group 5411 g. Group 5421 h. Group 5431 i. Group 5461 j. Group 5499 k. Group 5541 I. Groups 5611-5661 m. Group 5735 n. Group 5812 o. Group 5921 p~ Group 5947 q. Group 5949 r. Group 5992 s. Group 7212 t. Group 7215 u. Group 7219 v. Group 7231 w. Group 7241 x. Group 7299 y. Group 7349 z. Group 7841 aa. Group 799,.! bb. Groups 8011-8021 cc. Group 8041 floor area Variety Stores - 2,500 sq. ft. maximum floor area Miscellaneous General Merchandi.se Stores, except catalog showrooms - 2,500 sq. ft. maximum floor area Grocery Stores, except frozen food and freezer plans- 10,000 sq. ft. maximum floor area Fish, meat, and seafood markets only Fruit and Vegetable Markets Retail Bakeries Health food store only - 2,500 sq. ft. maximum floor area Gasoline Service Stations, except truck stops Apparel and Accessory Stores - 2,500 .sq. fl. maximum floor area Record and Prerecorded Tape Stores Eating Places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in. restaurants, restaurants with drive-thru Liquor Stores Gift, NovelW, and Souvenir Shops Sewing, Needlework, and Piece Goods Stores Florists Agents for laundries and drycleaners only Coin-Operated Laundries and Drycleaning Diaper service, and gannent alteration and repair shops only Beauty Shops, except beauty schools and cosmetology schools Barber Shops, except barber colleges Depilatory salon, electrolysis, mass.age par19r, shopping service for individuals, and tanning salons only Housekeeping and maid service only .. Video Tape Rental Physical Fitness Facilities Offices and/or clinics of physicians, and Offices and/or clinics of dentists Offices and clinics ofchiropractors boo Non-commercial Uses: In addition to the above commercial uses, the Neighborhood Village Center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community cent..er, clay care center. Unified Plan of Development And Common Ownership - The Neighborhood Village Center shall be a unified, and architecturally integrated, plan of · development with common ownership of all of the property that comprises the Neighborhood Village Center. 29 MAY 31 2000 Locational Criteria And Functional Operation - The following Iocational criteria and functional operating characteristics shall characterize the Neighborhood Village Ce.,nter: The Neighborhood Village Center must be internally located within the PUD such that the site has no direct access to roads external to the PUD~ the Center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUDg and, the Center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. The Neighborhood Village Center shall be located within a 1,760 feet radius (1/3 mile) of at least 80% of the total number of approved residential units. The Neighborhood Village Center shall be pedestrian-friendly with minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. Off-Street Parking And Design - In recognition of the pedestrian-friendly design of the Neighborhood Village Center, as required in Section 2.2.20.14.5.c., the number of required off-street parking spaces shall only be fifty (50) percent of that required by Section 2.3.16 of the Land Development Code. However, the number of off-street parking spaces provided shall not exceed 75% of that required by Section 2.6.13. In all other respects, off-street parking areas shall be designed in accordance with the provisions of Division 2.3 and 2.4 of the Land Development Code. Design Guidelines - The Neighborhood Village Center shall be subject to, and in compliance with, the design guidelines identified in Division 2.8 of the Land Development Code except as otherwise excepted or required herein. Signs - A unified sign plan shall be submitted and made a part of the approval for the Neighborhood Village Center Site Development Plan. The approved unified sign plan will establish signage specifications and will therefore become the, sign. regulations that will apply to the Neighborhood Village Center. The unified sign plan shall adhere to Section 2.8.3.6.2.1, except that pole signs are prohibited. Signs shall be designed so their size and location are pedestrian-oriented. Phasing of Development - No commercial building construction in the Neighborhood Villal~e Center shall be allowed until building construction has commenced on at least 30% of the residential dwelling units in the PUD. Sec. 2.2.20, PUD NVC dw/mkmodified 3-2-00 30 AG' r IqAY 3 1 ORIGIN: Current Planning Staff AUTHOR: Ron Nino, AICP, Current Planning Manager & Fred Reischl, Senior Planner DEPARTMENT: Planning Services LDC PAGE: 2:75 LDC SECTION: 2.2.20.3.3 CHANGE: Add a requirement for Site Improvement Plan approval for zero-lot line developments. REASON: History has demonstrated that in a row of zero-lot line parcels, a building permit may be issued on one side of the row with the zero setback on the left, and on the other side of the row the zero setback will be on the right. The lot "in the middle" then becomes unbuildable without a variance. With approval of an SIP, building permits will be issued according to the setbacks on the SIP. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 3.3.8 (Site Improvement Plans) 2.2.20.3.3. Minimum dimensional standards within a PUD. Except as provided for within the industrial component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this section, examples of unique and innovative design may include, but are not limited to: 1. Providing usable common open space within individual tracts or increments to offset and compensate for decreases in typical lot sizes or yard requirements. 2. Providing for public access to open space areas beyond the boundaries of the property. 3. The use(s) occurring within the PUD are such that compatibility with surrounding uses can be assured by applying different requirements than would be applicable under another zoning district. Providing places for public assembly such as parks and plazas which are linked together and centrally located to ensure accessibility. Siting buildings and dwelling units to provide optimum access to open space areas. Providing for the integration and preservation of natural resources with. development, through conservation of natural resources such as stream~ 31 AC_~NDA ITEM ,AY 31 2000 floodplains, groundwater, wooded areas and areas of unusual beauty or importance to the natural ecosystem. Submission of scheinatic architectural drawings, site plans, floor plans, elevations, and perspectives which shall graphically demonstrate the proposed reduction in dimensional standards for all proposed land use types and their accessory uses within the PUD shall also be required to provide support documentation for reduction in the minimum standards of the zoning code. Where required side-yards are permitted to be zero, a Site Improvement Plan, pursuant to Section 3.3.8, shall be approved prior to issuance of a building permit. 32 ORIGIN: Community Development & Environmental Services AUTHOR: Donald J. Murray, AICP, Principal Planner Lisa LeBlanc-Hutchings, Director of Operations, Naples Airport Authority DEPARTMENT: Planning Services LDC PAGES: 2:81 - 2:91, and LDCD:I - 3 and 7 - 12, and 6:6, 7, 44, 49, & 59. LDC SECTION: 2.2.23. Airport Overlay Districts (APO); Appendix D - Airport Zoning Maps including Appendix I, Zoning Map A, Appendix II, Naples Municipal Airport Noise Zone Map, and Appendix III, and; Division 6.3 Definitions. CHANGE: Amend Airport Overlay District to provide for both airspace protection and land use compatibility in relation to the normal operation of public-use airports located within Collier County and to create a new Airport Noise Zone "D" for the Naples Municipal Airport. Appendix D updates the Airport Zoning Maps. Nine definitions are proposed to be added to Division 6.3 Definitions of the LDC to reflect changes to Chapter 333, F.S. A summary of the changes to Section 2.2.23 are listed below. Summary of Changes: The proposed changes fall into three main areas: safety, noise zone maps, and compliance with Chapter 333, F.S., and Federal Aviation Regulations Part 77. These changes will also: Enhance safety by regulating future obstruction heights, reducing potential interference of lighted objects, and regulating permanent and temporary obstructions, such as, cranes, laser lights, and tethered balloons; · Allow the same protection with regard to noise zones (this reduces non-compatible land usage) even though the airport noise contours have shrunk considerably by adding a fourth noise zone with a 60 LDN contour, which essentially is where the previous 65 LDN contour was (see old and new maps); · Add heliport zoning to the ordinance; · Update two maps - the Airport Zoning Map (Appendix I of LDC Appendix D) and the Airport Noise Zone Map (Appendix II of LDC Appendix D); · Add six definitions to Section 6.3 of the Land Development Code; · Update the language in the Ordinance to bring it into compliance with Chapter 333, F.S.; and · Provide for both airspace protection and land use compatibility relating to the normal operation of all public use airports, state licensed airports, and heliports within the county (Section 2.2.23 - Overall). Specific Changes to Section 2. 2.23 are as follows: · Section 2.2.23.1 - Most of the verbiage in the previous APO was moved into section 1.8. The new items are listed as subsections 1-6, which provide for: maximum safety of aircraft safety for residents full utility of each airport development standards for land use within each of the noise zones building height standards in accordance with FS 333 and FAR~ Part 77 33 AGENDA ITEM MAY 3} 2000 · ," administrative and enforcement procedures · Section 2.2.23.1.8 - Ties in the APO with Chpt. 333, F.S. Verbiage from 2.2.23. (1 -4) was added here. The onl½ new language is the first sentence. · Section 2.2.23.1.9 - adds new language. · Section 2.2.23.2. - most of the definitions in this section were updated to reflect current language. Airport names were updated · Section 2.2.23.2.6 - is new and provides for heliport zoning which was not previously addressed · Section 2.2.23.2.7 moved the last paragraph to new section 2.2.23.2.7.2(b) and reworded it. Subsections 2.2.23.2.7.1 and 2 are new and provide important safety features regarding natural growth of trees and height of structures. · Section 2.2.23.2.7.2.b is the old 2.2.23.2.6 and decreased the area from 20,000 to 15,800 feet (3 nautical miles) · Section 2.2.23.2.7.2.c. ties in Part 77 Florida Administrative Regulations (FAR), which provides protection for approach airspace · Section 2.2.23.3.1.2 is a new safety provision regarding flood lights and spot lights · Section 2.2.23.3.1.7 relates to tethered objects · Section 2.2.23.3.1.8 relates to radar interference ifa system if installed at any of the airports in the future · Section 2.2.23.3.2 requires marking and lighting to conform to FAA and State requirements · Section 2.2.23.4.2.1 creates Noise Zone D and includes verbiage to include all aircraft operations not just flight operations · Section 2.2.23.4.2.2.d Zone D begins at Zone C and extends outward to include the 60 LDN contour, which was referred to as the 65 LDN contour previously. Due to new technology, the existing contours are shrinking, however we want to preserve and protect the areas that were previously in the 65 LDN. · Section 2.2.23.5 - no substantive changes · Section 2.2.23.6- no substantive changes · Appendix D - Airport Zoning ,/ Appendix I - Airport Zoning Map - updated to reflect new runway threshold locations ,/ Appendix II - Zoning Map - Updates the old 1993 map with 2003 noise contours; Creates a 4th Zone - Zone D which is the old 65 LDN and the new 60 LDN ,/ Appendix III- Activities and/or Land Uses Guidance Chart with Soundproofing Requirements -Adds the sound requirements for Zone D (basically old Zone C) as is in Zone C ,/ Appendix IV- No change ~ All former legal descriptions have been deleted - no longer necessary · Definitions Section 6.3 ,/ 6 definitions added, and I modified REASON: Noise zones affect type of permitted land uses within the zone boundaries and establish soundproofing requirements for residential development within the noise zones. Three noise zones had been established for Naples Municipal Airport. With industry changes resulting in a quieter aircraft fleet and local operating restrictions in place, these zones have been significantly reduced. A fourth noise zone has been created to define the 60 Ldn noise contour in an effort to continue to preserve the land which ~vas previously inside the 65 Ldn co. ~t~u, ft~It~t, '- non-compatible development. Further, the changes in this code will also regul~ te obstructions and interference to aircraft operations by minimizing new structu ,e hei~'Wt-~, 34 MAY 3 1 2000 Pg. ~ __ restricting alterations of existing structures, regulating floating and hovering objects, prohibiting structures and materials which could interfere with airport radar systems, and prohibiting certain lighting of structures which might cause risk to aircraft operation. This change also provides for heliport zoning, and updates and corrects certain maps, definitions and text. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Sec. 2.2.23. Airport overlay district (APO): special regulations for specified areas in and around the airports in Collier County. 2.2.23.1. Purpose and intent r,~.~: ......:~ r,^,,:~, r, ....+,, C,cr:,4a, - ....; ......:,,I ,~.~ ~:~^.-,~ ~.~ ~c ....... *~ straP,4 :~ *~'~:- ity ~.,4 ,,,h;,.k ......... p ..... icin ~ The pu~ose and intent of these zoning regulations is to provide both airspace protection and land use compatibility in relation to the nodal operation of public-use ai~ons located within Collier County~ including the Naples Municipal Ai~o~ Everglades City Ai~ark~ Marco Island Executive Ai~o~ Immok~lee Regional Ai~on. and all existin~ and future public-use ai~o~s and helipo~s in the County. The pu~ose and intent of these,regulations shall be as follows: 2.2.23.1.1. nuisance and an injur.; ts the ccunty; To attempt to promote maximum safety of aircraft arriving at and departing from all public-use airports located within Collier County; 2.2.23.1.2. ~ To attempt to promote maximum safety of residents and property. within areas surrounding public-use airports located within Collier County; 2.2.23.1.3. .................. j ..................pubEc ..................the vC ........ o attem promote Cull utility oCthe public-use ai~ons within Collier County; 2.2.23.1.4. --,: ............ :,~,,, ........... ,: ..... ~ To provide development standards for land uses within prescribed noise zones associated with the nodal operation of public-use county ai~ons; 2.2.23.1.5. To provide building height standards for use within the approach~ transit horizontal~ and conical zones so as to encourage and promote proper de,; beneath such areas; ~ 35 )nal. '1°P m.ntL~f~>,~'XEM ,,, HAY 3 1 2000 2.2.23.1.6. To provide administrative and enforcement procedures for the efficient and uniform regulation of all development proposals within such areas; 2.2.22.1.5. 2.2.23.1.7. That in addition to the regulations applicable to land zoned, as indicated in the official zoning atlas, the following regulations are additionally applicable to lands in the county in the vicinity of the Naples Municipal, Everglades, Marco Island and Immokalee fr:,~ e~^,, A:.r.qz!d) Airports as indicated on the airport zoning maps of Collier County. Lands lying within various zones as indicated on the airport zoning maps are subject to the additional regulations set out in this section. 2.2.23.1.8. The regulations set out in this Land Development Code (code) are adopted pursuant to the authority conferred by § 333.03, F.S. It is hereby determined that an airport obstruction has the potential for being hazardous to aircraft operations as well as to persons and property on the ground in the vicinity of the obstruction. An obstruction may affect land use in its vicinity and may reduce the size of areas available for the taking-off, maneuvering and landing of aircraft, thus tending to impair or destroy the utility of airports within Collier County and the public investment therein. It is hereby found that excessive aircraft noise may be an annoyance or may be objectionable to residents in the county. Accordingly, it is declared that: The creation or establishment of an airport obstruction which may be hazardous to aircraft operations, or xvhich reduces the size of the area available for such operations, or which inhibits the safe and efficient use of airspace surrounding a county airport, is a public nuisance and an injury to Collier County and no variance by the County shall be granted to authorize any such obstruction; It is necessary in the interest of the public health, safety and general welfare that the creation of airport hazards and incompatible use of land within the designated airport noise zones be prevented; and o The prevention of these hazards and incompatible land uses should be accomplished, to the extent legally possible, by the exercise of police powers without compensation. 2.2.23.1.9. It is further declared that the prevention of the creation of airport hazards and incompatible land uses, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport obstructions are public purposes for which the political subdivision may raise and expend public funds and acquire land or interests in land. 2.2.23.2. are shown on the Naples Municipal, Marco Island Executive, Everglades and Immokalee Regional Airport zoning maps and declared to be made a this zoning code. Those maps are incorporated as foilo.ws: Airport zones and airspace height limitations. In order to carry out the provisions of this zoning code, there are hereby created and established certain surfaces which include all of the land lying beneath the approach, transitional, primary, horizontal and conical surfaces as they apply to a particular airport. Such zones ~'~ ~'~ ' A~.~.NDA ITEM part 36 IqAY 3 1 2000 Zoning Map A: Naples Municipal Airport. Zoning Map B: Marco Island Executive Airport. Zoning Map C: Everglades City Airpark Zoning Map D: Immokalee Regional Airport (Ed Scott Airfield). An area located in more than one of the described ~ zones is considered to be only in the zone with the most restrictive height limitation. The various zones are hereby established and defined as follows: 2.2.23.2.1. Primary zone surface. An area longitudinally c-emer-e~ aligned along the runway centerline an a runway, extending 200 feet beyond each end of the runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. The width of each primary zone surface is as follows: PRIMARY Z@NE SURFACE WIDTH (FEET) Airports Runwa Type Width Y Naples 14-32 Other than utility/non-precision instrument500 Municipal 5-23 Other than utility/precision instrument 1,000 Marco 17-35 Other than utility/non-precision instrument500 Island Everglades 15-33 Utility/visual 250 Immokalee 9-27 Other than utility/precision instrument 1,000 18-36 Other than utility/non-precision instrument500 4-22 Utility/visual 250 2.2.23.2.2. Primary zone surface height. No structure or obstruction will be permitted within the primary z,~ne surface area that is not part of the landing and takeoff area and is of greater height than the nearest point on the runway centerline with the exception of FAA approved navigation aids. Horizontal zone .rh ............~ ~. -,,m: ......:~.-, ,.,:,~. .....,~ ~. ....A~,., *~ ~: ....* ....~" ~:~ * .....* *~ *~ .......A horizontal plane 150 ~ ~ above the established ai~o~ el~vatiom the perimeter of which is const~ ~ed ~. ~ swinging arcs for specified radii From the center of each end of the prima~ y 3 v ,.,,-,, :, 1 P~. _~_ surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as follows: HORIZONTAL ZONE RADIUS (FEET) Airports Runway Type Radius Naples 14-32 Other than utility/non-precision instrument 10,000 Municipal 5-23 Other than utility/precision instrument 10,000 Marco Island 17-35 Other than utility/non-precision instrument 10,000 Everglades 15-33 Utility/visual 5,000 Immokalee 9-27 Other than utility/precision instrument 10,000 ! 8-36 Other than utility/non-precision instrument l 0,000 4-22 Utility/visual 5,000 2.2.23.2.3. 2.2.23.2.4. Horizontal zone height. No structure or obstruction will be permitted in the horizontal zone that has a height greater than 150 feet above the airport height ,,.~oo Conical zone. The area extending outward and upward from the periphery of the horizontal zone for a distance of 4,000 feet. Conical zone height. Height limitations for structures in the conical zone are 150 feet above airport height at the inner boundary with permitted height increasing one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 350 feet above airport height at the outer boundary. Approach zone. An area longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach zone is designated for the end of each runway based upon the type of approach available or planned for that runway end. Approach zone width. The inner edge of the approach zone is the same width as the primary surface z-ova. The outer width of the approach zone is prescribed for the most precise approach existing or planned for that runway end expanding uniformly to the following widths: 38 AGENDA ITEM MAY :31 2000 //7 APPROACH ZONE WIDTH (FEET) "Airports : Runway T)7~e Width 'Naples Municipal 14'32 Other than utility/non-precision 3,500 instrument 5 Other than utility/precision instrument 16,000 23 Other than utility/precision instrument 16,000 Marco Island i7-35 Other than utility/non-precision 3,500" instrument Everglades 15-33 Utility/visual 1,250' lmmokalee 9 Other than utility/precision instrument 16,000 27 Other than utility/non-precision 3,500 instrument 18 Other than utility/non-precision 3,500 instrument 36 Other than utility/visual 1,500 4-22 Utility/visual !,250 Approach zone lengths. The approach zone extends for the applicable horizontal distance as follows: APPROACH ZONE LENGTH (FEET) AirpOrts Runwa3, Type Length Naples ! 4-~32" Other than utility/non-precision instrument I 0,000 Municipal 5 Other than utility/non-precision instrument 10,000 23 Other than utility/non-precision instrument 50,000 "Mirco 17-35 Other' than htility/non-precision instrument I 0,000 Island Everglades ' 15-33 Utilit3,/visual 5,000 Immokalee 27 Other than utility/non-precision instrument 10,000 9 Other than utility/precision instrument 1'501000 18 Other than utility/non-precision instrument I 0,000 36 Other than utility/visual 5,000 4-22 Utility~visual 5,000 Approach zone height. Permitted height limitation within the appr~ zone shall not exceed the runway end height at the inner edge and 39 ach A~ increases uniformly with horizontal distance outward from the inner edge as follows: APPROACH ZONE HEIGHT Airports Runway Type Height Naples 14-32 Other than utility/non-precision instrument 34:! .Municipal 5 Ottier'"than Utility/precision' instrument 50:0/40:1 23 Other than utility/precision instrument 50:1/40:! Marco 17-35 Other than 'utility/non-precision instrument20:1 Island Everglades 15-33 Utility/visual 20:1 Immokalee 9 Other than utility/non-precision instrument 50:1/40:! 27 Other than utifit);/non'pr~cision instrument34:1 i 8 Other than utility/non-precision instrument 34: I 36 Other than utility/visual 20:1 4-22 Utility/visual 20:1 2.2.23.2.5. Precision instrument runway(s). One foot vertically for ever), 50 feet horizontally for the first 10,000 feet increasing to one foot vertically for every 40 feet horizontally for additional 40,000 feet. Non-precision instrument runways. One foot vertically for every 34 feet horizontally. :~. 6 Iqsual runways. One foot vertically for every 20 feet horizontally. Transitional zones. The area extending outward from the sides of the primary surface ~mes and approach zones connecting them to the horizontal zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone. 1. Transitional zone height. Height limits within the transitional zone are the same as the primary surface ze, ne or approach zone at the boundary line where it adjoins and increases at a rate of one foot vertically for every seven feet horizontally, with the horizontal distance measured at right angles to the run~vay centerline and extended centerline until the height matches the height of the horizontal zone or for a horizontal distance of 5,000 feet from the side of the part of the precision approach zone that extends beyond the conical zone. 4O AGEDJOA .f 2.2.23.2.6. 2.2.23.2.7. Hellport Primary Zones. The area of the primary zone coincides in size and shape with the designated take-off and landing area of a heliport. This surface is a horizontal plane at the established heliport elevation. Heliport approach zone. The approach zone begins at each end of the heliport primary zone with the same width as the primary zone, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach zone is 8 to 1 (one foot vertically for every eight feet horizontally.) Heliport Transitional zone. These zones extend outward and upward from the lateral boundaries of the heliport primary zone and from the approach zone at a ~1ope of 2 to 1 (one foot vertically for every_ two feet horizontally) for a distance of 250 feet measured horizontally from the centerline of the Heliport Primary and Approach Zone. Other areas. In addition to the height limitations imposed in [sec.tions] 2.2.23.2.1 through 2.2.22.2.5 2.2.23.2.6 above, no structure or obstruction will be permitted within Collier County that would cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA), decision height (DH) or a minimum vectoring altitude (MVA) to be raised nor which would impose either the establishment of restrictive minimum climb gradients or nonstandard takeoff minimums. AI! ,4 ....~ ...... .......~ ....:..:. ,~ ....: ....... ..... v .......v,,w .........................v ......~r~- around a ....r ...........................~v~". r0un !e"cl~' Except as expressly provided in these APO regulations. no structure or obiect of natural growth shall be erected. altered, allowed to grow, or be maintained to a height which exceeds the height of any zone created in these APO regulations. Except as otherwise provided in these APO regulations. no structure, or obiect of natural growth shall be erected, altered, allowed to grow or be maintained, which is or would be an obstruction to air navigation within Collier County or of a height greater than any. of the following: a. A height of 500 feet above ground level at the site of the object. A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the airport Ul~ _to a maximum of 500 feet. 41. c. A height within a terminal obstacle clearance area. including an 2.2.22.2.7. 2.2.23.2.8. 2.2.23.3. 2.2.23.3.1. initial approach segment, a departure. area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (Re_fer to FAR 77.23.(a.)(2). Exemptions. Development of the Marco Shores Golf Course Community that comports with the location and height req.ui.remen.ts 9f 0rdinan. ce 81-6, as amended by Ordinance 85-56 and Ordinance 94-41, is exempted from the provisions of Section 2.2.23.2. o ....:~ ....c,~ fo!Izwing: Only, to the following extent: An The agreement between Johnson Bay Development Corporation Collier County Airport Authority and the Board of County Commissioners, dated August 8, 1995. ii. Prior issuance of a Federal Aviation Administration "Determination Of No Hazard To Air Navigation." A irporl land use restrictions. Notwithstanding any other provision of this code, no use may be made of land or water within any zone established by this code in such a manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: All lights or illumination used in conjunction with street, parking, signs or use of land or structures shall be arranged and operated in such a manner that it is not misleading to pilots or dangerous to aircraft operating from a public use airport or in the vicinity thereof. All flood lights, spot lights, or any type of pulsating, flashing, rotating or oscillating light shall be modified or prohibited if determined by.the Executive Director who has authority over that public airport to be a possible risk to safety of aircraft operation. No operations of any type shall produce smoke, glare~_ or other visual impairment to pilots within three miles of any usable runway of a public airport. No operations of any type shall produce electronic interference with navigation signals or radio communication between the airport {m~} and aircraft, or other air traffic control facility. Land within "~":'~'~"* ~'~*:~ ~ ....~ .....z ...........~- zonex) runway clear zones (runway protection zones) shall be prohibited from use high density residential use, schools, hospitals, .storage of expiosiv 42 /or Ar~NOA iTEM :s or~. ,,2. MAY 31 2000 ,., ~ flammable material, assemblage of large groups of people or any other use that could produce a major catastrophe as a result of an aircraft crash. Based on the possibility that !znd~!]s solid waste management facilities may attract birds, any !an~fi!! solid waste management facility located so that it places the runways and/or approach and departure pattern of an airport between bird feeding, water or roosting areas shall be considered as an incompatible use and is therefore prohibited in and around the airports in Collier County. Any type of tethered dirigible, balloon, or other type of hovering or floating object the height of which exceeds the airspace notification limits outlined in Sec 2.2.23.2 shall be limited as provided in Section 2.2.23.2. No structure of any height, type or material shall be constructed or altered which could possibly cause interference to any Airport Surveillance Radar System as determined by the Federal Aviation Administration, or by the Executive Director who has jurisdiction over the Airport deemed to be effected. 2.2.23.3.2. Obstruction marking and lighting. Any permit or variance granted pursuant to seet-.h~3,-7~ this code shall require, as a specific condition, that the owner mark and light the structure to indicate to pilots the presence of the obstruction. Such marking and lighting shall conform to the then existing specific standards of Chapter.333.07, Florida Statutes, and in acccrdance with FAA Adviso _ry Circular 70/7460rl H, or subsequent revisions to either or both. The permit may also be conditioned to permit Collier County, at its own expense, to install, operate and maintain such markers and lights as may be necessary to indicate to pilots the presence of an airspace obstruction if special conditions so warrant. 2.2.23.3.3. Variances. Any person desiring to erect or increase the height of any structure or use his property not in accordance with the regulations prescribed in this ordinance may apply to the Board of Zoning Appeals for a variance from such regulations pursuant to Section 2.7.5. of this code, except for provisions herein or by Chapter 333, F.S., that are not variable. 2.2.23.3.4. Nonconforming uses; regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other changes or alteration of any structure not conforming to the regulations as of the effective date of this section as amended, or to otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the amendment of this ordinance, and which has been issued a building permit which is diligently pursued. 2.2.23.3.5. Future uses. Except as specifically provided herein, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created except in compliance these the requirements of these APOs. 43 MAY 3 1 2.2.23.3.6. 2.2.23.4. 2.2.23.4.1. 2.2.23.4.2. Existing uses, No building permit shall be granted that would allow the establishment or creation ~ o__f an airport hazard or permit a nonconforming use or structure to be made or become higher, or to become a greater hazard to air navigation than it was on the initial effective date of~ Section 2.223. Naples Municipal Airport noise zones, land use restrictions, sound level requirements (SLR) for buildings or structures, and SLR tiesign requirements. Purpose. The purpose of this section (2.2.23) is to establish standards for land use and for sound level reduction requirements with respect to exterior noise resulting from the legal and normal operations at the airports within Collier County, This section establishes noise ~ zones of differing intensities and land use in the vicinity of the Naples Municipal Airport, as identified in the most recent Naples Airport FAA Part 150 Study; establishes permitted land uses in the noise ~ zones; establishes soundproofing requirements for residential development within the noise s~3c-~s-zones; and establishes notification procedures to prospective purchasers of real estate within the noise zones. Airport noise zones. Noise zones. In addition to the prior three noise zones, the. re is ~ hereby created and established ~ a fourth noise zones D; There are now noise zone_s A, ~ B, anti zone C~ and D. Such zones are shown on the Naples Airport noise zone map(s) which are incorporated and made a part herein and are described in section 2.2.23.4.2.2 below. The noise zones contained herein are based on a projection of future e,~se .... : .......~ ~.:~:.. c~,..~ aircraft flight-operations at the Naples Municipa. l Airport. The purpose of these noise zones is to define and set forth specific regulations for all properties within the described areas. 2. Noise zone boundaries. Zone A. That area commencing at the outermost boundary of the airport and extending outward therefrom to a boundary indi'dated on the noise zone map as "B." The outer contour of noise zone A approximates a noise level of 75 Ldn. Zone B. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone A and extending outward therefrom to the boundary indicated on the noise zone map as "C." The outer contour of noise zone B approximates a noise level of 70 Ldn. Zone C. That area commencing at the boundary indicated on the noise zone map as the outer boundary of noise zone B and extending outward therefrom to the ~ boundary indicated on the noise zone map as "D". The outer contour of noise zone C approximates a noise level of 65 Ldn. ~. ~ _ 44 MAY 3 1 2000 d. Zone D. This new noise zone commences at the boundary 2.2.23.4.3. 2.2.23.4.4. indicated on the noise zone map as the outer boundary of noise zone C and extending outward therefrom to the furthermost boundary indicated on the noise zone map. The outer contour of noise zone D approximates a noise level of 60 Ldn and is the Naples Airport noise zone (This area is re_ferenced in the 1996 Naples Airport FAA Part 150 Study). Application. Where boundaries of a described noise zone are shown to extend over a portion, but not all of a platted lot or un-subdivided property, the owner or owners of the entire property will be notified of potential noise impact in accordance with section 2.2.23.5. Where boundaries of more than one described noise zone are shown on a platted lot or unsubdivided property, provisions of the most restricted zone shall apply. Land use restrictions. Permitted and restricted activities. All land uses shall be permitted in the noise zone pursuant to the applicable zoning district and as provided in the activities and/or land use guidance chart made a part hereof. Those activities and land uses not specifically listed in the !and use guidance chart are permitted or restricted in the noise zone based on their similarity to noise tolerance as exhibited by the activities and land uses which are listed in the guidance chart. Nonconforming uses. The regulations prescribed by this section shall not be construed to require the sound conditioning or other changes or alteration of any preexisting structure not conforming to this part as of the first effective date of this section or to otherwise interfere with the continuance of any such preexisting nonconforming use. Nothing herein contained shall require any such change in the construction of or alteration of a structure which has commenced construction prior to the effective date of this section and which is diligently pursued. Sound level requirements (SLR) for buildings or structures. Scope of requirements. The provisions of 0a4s-sec-tio~ these APO special regulations shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure within unincorporated Collier County except work located primarily in a public right-of-way, on public utility towers, poles and mechanical equipment not specifically regulated iv,4his-sec4o~ these APOs. Additions, alterations, repairs, and changes of use in all buildings and structures shall comply with the provisions of this sec4o~ these APOs. [- 45 MAY 31; 2.2.23.4.5. Existing buildings or structures. Buildings or structures constructed prior to the initial adoption of this amended section, to'which additions, alteration, or repairs are made to the exterior walls and ceilings of rooms having one or more exterior walls or ceilings shall be required to meet the SLR requirements of Ofis-sec-fio~ these APOs. Alterations or repairs which are nonstructural and do not affect the exterior walls or ceilings of an existing building or structure may be made with the same materials of which the building or structure is constructed and shall not be required to meet SLR requirements. Do Buildings in existence at the time of the initial adoption of this seego~ these APOs may have their existing use or occupancy continued if such use or occupancy was legal at the time of the initial adoption of~ these APOs provided such continued use is not dangerous to life. A change in the use of a structure may require additional sound level reduction. Moved buildings. Buildings or structures moved into or within the vicinity of the established noise zone must comply with applicable provisions of O:gs-sec-tio~ these APOs. Approval of types of construction. The development services director, or his designee, may approve any type construction that complies with the SLR requirements of the activities and/or land use guidance chart (appendix III [of appendix D]). The SLR requirements specified in appendix III of this amendment shall be achieved by the use of assemblies having the South Transmission Class Ratings specified in table 403.2, Mini~num Sound Transmission of Assemblies, of the Southern Building Code Congress International, Inc., Standard for Sound Control, SSTD 8- 87, incorporated herein and adopted by reference as appendix IV [of appendix D]. SLR design requirements. General requirements. The SLR requirements of the land use guidance chart at appendix III may be achieved by any suitable combination of building design, choice of building materials and execution of construction details in accordance with established architectural and acoustical principles. The SLR requirements shall apply to the exterior walls and ceilings only of all rooms having one or more exterior walls or ceilings. Regulations to achieve the SLR requirements specified in appendix III, shall be found in appendix IV of this amendment and shall be used by the development services director or his designee, during the building plan review process. o Meeting SLR requirements. No building or structure for which an SLR 25, SLR 30, or SLR 35 is required by appendix 1II of this amendment may be constructed, altered, moved, demolished, or repaired unless and until a building permit has been issued. No sucli permit shall be issued unle]s a~dSd. W-~A l'r~ until the requirements contained in appendix II~ are met as indicated~y ~eo. ~ t I',,1AY 31 2000 2.2.23.4.6. 2.2.23.5. 2.2.23.6. plans and specifications for the building or structure. Such plans and specifications shall result in a sound level reduction for the applicable ex .t, erior walls and ceilings only of room(s) having one or more exterior walls or ceilings, at least as great as the SLR value specified in appendix III for the particular usage involved. These plans and specifications shall be reviewed during the building plan review process in accordance with the sound transmission ratings specified in table 403.2 of appendix IV of this amendment. Administration and enforcement. General responsibilities. The development services director, or his designee, prior to granting final approval must verify that the sound level reduction (SLR) of the building complies with sections 2.2.23.4.4--2.2.23.4.5. Notification of potential noise impact. Public notice of the existence of maps depicting noise impacted areas shall be published at least three times in a newspaper of general circulation in Collier County, as provided in Public Law 96-193 (49 USC 2107). o The Naples Airport noise zones ~ are identified on Collier County's zoning maps (9525S, 9527S, 9534N, 9534S, 9525N, 9535S, 9536N, 9536S, 0501N, 0501S, 0102N, 0102S), and any revisions or reconfigurations thereof), and shall be available to the public at the Collier County Community Development and Environmental Services Division o Upon adeptSon ofthi: cede zr any ~ revision of the maps and legal '~ .... :~':""~ depicting potential noise impacted areas, the c-oum~ ~ County Administrator or his designee shall record in the Public Records of Collier County a notice of potential noise impacted areas ~ with maps depicting tke .~:o~: .....~ .... .......... v .........s and legal ~the noise contours sho~ thereon. T~s Said notice shall ~ uzed to provide constructive notice to existing and prospective purchasers of property within the noise impacted area and elsewhere. Upon amendment of the noise zones, subsequent notice shall be ..... recorded. Notice of potential noise impact along with maps depicting noise impac-t~ d I l d ~pti ,,c.~ ..,~: ....., .....h ar-~as zones nn a ega escr on ........... s all upon request be furnished to the Collier County Bar Association, Board of Realtors and to others ~. Prohibited public or private e&tcational facilities at either end of publicly owned publicly used airports. The construction of an educational facility or public or private school at either end of a runway of a publicly owned, public-userr&} airport shall be prohibited within an area which extends five miles in a direct line a!on..gg,__, the centerline of the runway, and which has a width measuring one-half the ength of the runway. Exceptions approving construction of an educational facility no..__~._ IqAY 31 within the delineated area shall only be granted when specific findings detailing how the public policy reasons for allowing the construction out-weigh health and safety concerns prohibiting such location and pursuant to section 2.7.5. 2.2.23.6.1. The procedures outlined above for the adoption of such regulations are supplemental to section 2.2.23. 2.2.23.6.2. Nothing in section 2.5.22 2.2.23.6 shall be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure orsite in existence prior to the original effective date of ~l~-am,~n4m6~ Section 2.5.22.2.2.23.6, or be construed to prohibit the construction of any new structure for which a site has been determined, as of t~e t.h. at. effective date of t~:,s amendment. 2.2.23.6.3. Notice and hearing. No airport zoning regulations shall be adopted, amended, or changed under t. his-soefio~ these APOs except by action of the Board of County Commissioners and set forth, after a public hearing i.n .relati0n. thereto, at which parties in interest and citizens shall have an opportun. jty to be heard. Notice of the hearing shall be published at least once a week for two consecutive weeks in a paper of general circulation in Collier County. (Ord. No. 92-73, § 2; Ord. No. 95-31, § 3, 4-18-95; Ord. No. 97~83, § 3.B, 12-17-97) Code reference--Aviation, ch. 18. 4B 2000 ** THE FOLLOWING ARE ADDITIONS, DELETIONS, AND CHANGES TO APPENDIX D OF THE LDC *** © Copyrighted. Municipal Code Corp., affiliated Municipality. 1998. APPENDIX D AIRPORT ZONING* Appendix I. [Airport Zoning Maps] Appendix II. Naples Municipal Airport Noise Zone Map Appendix III. Activities and/or Land Uses Guidance Chart with Soundproofing Requirements Appendix IV. Required Sound Transmission Class Ratings *Editor's note--Appendices I through IV have been designated as "Appendix D, Airport Zoning" at the discretion of the editor. LDCD: 1 49 AC, F.J~DA MAY 3 I 2000 APPENDIX D--AIRPORT ZONING APPENDIX L [AIRPORT ZONING MAPS] (SEE SECTION 2.2.23) ZONING MAP A. NAPLES AIRPORT App. D, App. I No. '7 LDCD:3 Remove this Drawing From .Appendix I. [Airport Zoning Maps] 5O APPENI)IX D-AIRPORT ZONING App. D. App. I APPENDIX I. (AIRPORT ZONING MAPS) (SEE SECTION ~9.2.23) ZONING MAP A. NAPLES MUNICIPAL AIRPORT LDCD:3 Replace Appendix I. [Airport Zoning Maps] with this Drawing Remove this Drawing From Appendix II. Naples Airport Noise Zone Map 52 APPENDIX D-AIr~.PORT ZONING App. D, App. APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 2.8.23) II DEN CATE 6O LI)CD:7 Replace Appendix II. Naples Airport Noise Zone Map with this Drawing 53 *** DELETE THE FOLLOWING TEXT WITH OVERSTRIKE FROM PAGES LDCD:8-11. *** 1~ .....~ ......*~! 79e~' ....*~ ' ~ .....~ "':-"*~" 5 .....~ ......,~r~, ....*~ 5 ~ SCCO~ S, ............., 54 HAY 31 200( 55 MAY 31 2(] Air, oft Nc, ise Zonc C 453.08 feet, o~..., an m nates, 3g ........ A ...... nl nutos, 56 AGENOA I' MAY 3 1. Pg.._~ ................... SOU ,, tees, ............ , ........ , .............. ~ ..... A .... + '"IKf'I C'l 4~+ ,~.,~.I~ "1"7 ,-I ...... ")A .-,..,;~,,+~ 1~ ~,-,,-,~A,., ~,-.~ AC"I f'TO east ca~ 9'~ c~, .~. 54 .~ ......'~! ~: "'~" 32 ?"'-nd% east 3l'~ 35 feet, cK ~:...,~ a7 .....4 ....* I 3a.l nK r~n, neck n0 degrees, east 211.7! ' 35 .... · ~. cc ~ ......~o ......~ ....· c~K oc r~+ ....*~' 2~ degree3, 39 m:nutes, 57 MAY 3 APPENDIX III. ACTIVITIES AND/OR LAND USES GUIDANCE CHART WITH SOUNDPROOFING REQUIREMENTS (SEE SECTION 2.2.23) "KID Cl D kiD' ¢] D' ~"~ SLR 25 X:D 58 ---- AC.~.~DA iTEM MAY 31 2000 Land Use Noise Zones A B C D 75 Ldn 75-70 Ldn 70-65 Ldn 65 - 60 Ldn RESIDENTIAL Single--Units detached NR SLR-30 SLR-25 SLR-25 Townhouses--Attached Duplex Mobile homes NR SLR-30 SLR-25 SLR-25 Multifamily NR SLR-30 SLR-2$ SLR-25 Motels--Residential NR SLR-30 SLR-25 SLR-25 Motels--Tourist NR SLR-30 SLR-25 SLR-25 Other residential NR SLR-30 SLR-2$ SLR-25 NR Not recommended, the land use is not compatible within the identified noise zone. However, if the applicant chooses to develop within the identified noise zone, a sound level reduction (SLR) of 35 must be incorporated into the design and construction of the structure. 59 31 SLR 35, 30, or 25 Permitted Sound level reduction. The land use is generally compatible, however, a sound level reduction (SLR) of 35, 30 or 25 must be incorporated into the design and construction of the structure. No sound level requirement required. Note: This table is a general guide. The responsibility for determining the acceptability and permissible land uses remains with the authority of the board of county commissioners. All other land uses not specified above shall be permitted in the noise zones pursuant to the applicable zoning district and shall not be required to meet SLR requirements. ***THE FOLLOWING DEFINITIONS ARE ADDITIONS OR CHANGES TO DIVISION 6.3 DEFINITIONS*** Aeronautics: means transportation by aircraft; the operation, constructio.n., repair, or m.a. in.tenance of aircraft. aircraft power plants and accessories, including the repair, packing, an.d maintenance of parachutes; the design, establishment, con. struc.tion, extension, operation, improvement, repair, or maintenance of airports, restricted 1.anding areas. or other air navigation facilities. and air instruction. Airport.' Any area of !and or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purpose. Airport hazard.' Any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, .77,25, 7.7.2.8., and 77.29 and which obstructs the airspace r.equired for the flight of aircraft in taking off, ..maneuvering, or landing 9r is otherwise hazardous to such taking off, maneuvering, or landing of aircraft and for xvhich no person has previously obtained a permit or variance pursuant to s. 333.025 or s. 333.07. Airport hazard area.' Any area of land or water upon which an airport hazard might be established if not prevented as provided. Airport land use compatibilit}2 zoning.' Means airport zoning regulations restricting the use of land adjacent to or in the immediate vicinity of airports in the manner enumerated in s. 333.03(2) to activities and purposes compatible with the continuation of normal airp0n. operations including landing and takeoffof aircraft in order to promote public health, safety, and general we l fare. Airport layout plan.' A current and FAA approved de.tailed, scaled engineering drawing, including pertinent dimensions, of the airport's current and planned fac. ilit. ies, their locatio runway usage. 60 s, an/t~~rrr~ 4AY 3 1 2000 Obstruction.' Any existing or proposed manmade object or object of natural growth or terrain that violates the standards contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. Runway clear zone: ^ * ......:'~ .......'~ ....,~. ,~.~ : .....~ ~c ....................~ ~ An area at ground level which begins at the end of each prima~ surface defined in FAR Pa~ 77.27 (a) and extends with the width of each approach surface slope at a point~ or points~ where the slope reaches a height of 50 feet above the elevation of the ~nway or 50 feet above the te~ain at the outer extremity of the clear zone~ whichever distance is sho~er. Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences, gates.or posts are not intended to be structures. (See division 3.4 [sic].) 63_ o ,^v 12001 ORIGIN: Comprehensive Planning Section AUTHOR: David Weeks, AICP, Principal Planner DEPARTMENT: Planning Services Department LDC PAGE: New pages. LDC SECTION: Add Sec. 2.2.30, Santa Barbara Commercial Overlay District (SBCO). CHANGE: To add the Santa Barbara Commercial Overlay District providing for commercial development opportunities for certain properties along Santa Barbara Blvd. within the Urban designated Golden Gate City. REASON: A 1999 amendment to the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan added the Santa Barbara Commercial Subdistrict. The proposed amendment herein described will serve to implement that Subdistrict. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: The Santa Barbara Commercial Subdistrict in the GGAMP, as noted above. Amend the Land Development Code, by adding a new Section, as follows: 2.2.30. Santa Barbara Commercial Overlay District (SBCO): special conditions for properties abutting the east side of Santa Barbara Blvd. as referenced in the Santa Barbara Commercial Subdistrict Map (Map 4-A) of the Golden Gate Area Master Plan. 2.2.30.1. Purpose and intent. The purpose and intent of this district is to provide Golden Gate City with additional opportunities for small scale commercial development to serve the surrounding neighborhoods and those traveling nearby. This district is ihtended to: contain low intensity uses which generate/attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are low intensity retail, offices, personal services, and institutional uses. 2.2.30.2. In order to reduce the potential conflicts that may result from residential and commercial uses being located in this district, existing residential uses, other than owner-occupied dwellings, are required to cease to exist within a specified time period. This does not require the removal of the residential structures if they can be, and' are, converted to uses permitted in this district. Applicability. These regulations apply to properties abutting the east side of th nd Barbara Boulevard, lying north of 27 Court S.W. and south of 22 Place S.¥ 62 -- AGENDA ITEId lnta. ~ MAY 31 2000 Golden Gate City, and consisting of approximately 11 acres. These properties are identified on Map 4-A of the Golden Gate Area master Plan. Except as provided in this regulatio~ all other use, dimensional and development requirements shall be as required or allowed in the underlying zoning categories. 2.2.30.3 Development criteria. The following standards shall apply to all uses in this overlay district. Where a specific development criteria and standards also exist in the Golden Gate Area Master Plan, or the Future Land Use Element, they shall supersede any less stringent requirement or place additional requirements on development. 2.2.30.3.1. Common architectural style. In support of the purpose and intent of the SBCO, all structures within the overlay district shall be designed so as to be compatible with nearby residential areas and shall have a common architectural style. To the extent possible and practicable, structures shall be designed to have a residential appearance. During the site development plan review process, architectural drawings shall be submitted to demonstrate adherence to these requirements. All commercial buildings and proiects shall be subject to the provisions of Division 2.8, except where those requirements conflict with the goal of designing buildings to have a residential appearance. 2.2.30.3.2. Permitted uses. a. Accounting, auditing and bookkeeping services (8721). b. Amusement and recreation services (groups 7911, 7991, 7999 bicycle and moped rental only). c. Apparel and accesso _ry stores (groups 561 !-5699). d. Auto and home supply stores (5531 ). e. Automobile parking (7521). f. Barber shops (7241). g. Beauty shops (7231). h. Business services (groups 7311, 7313, 7322-7338, 7361-7379, 7384). i. Child day care services (8351). j. Deposito _ry institutions (~zroups 6011-6099). k. Eating places (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding). !. Educational services (8211.-8244, 8299). m. Food stores (groups 5411 except supermarkets, 5421-5499). n. Funeral service and crematories (7261), o. General merchandise stores (5311-5399). p. Group care facilities (category I and II, except for homeless shelters)g care units, except for homeless shelters~ nursing homes~ assisted living facilities pursuant to §400.402 F.S. and ch. 58A-5 F.A.C4 and continuing care retirement communities pursuant to §651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. q. Hardware stores (5251). r. Offices for engineering, architectural, and surveying services (groups 0781. 8711-8713)~ s. Health services (8011-8049, 8082). t. Home furniture, furnishing and equipment stores (groups 5713-5719, 5731- 5736). 63 31 2[ mm. u. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and', day care centers, adult and handicapped only.) v. Insurance carriers, agents and brokers (groups 6311-6399, 6411). w. Legal services (8111). x. Management and public relations services (groups 8741-8743, 8748). y. Membership organizations (8611-8699). z. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629-7631). aa. Miscellaneous retail services (5912, 5942-5961, 5992-5999). bb. Museums and art galleries (8412). cc. Nondepository credit institutions (groups 6111-6163). dd. Paint, glass and wallpaper stores (5231). ee. Personal services (groups, 7212, 7215, 7221-7251, 7291) ff. Photographic studios (7221). gg. Public .administration (groups 9111-9199, .9229, 9311,9411-945!, 9511- 9532, 9611-9661). hh. Real estate {groups 6531-6541). ii. Retail nurseries. lawn and garden supply stores (5261). jj. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289) kk. Shoe repair shops and shoeshine parlors (7251).. 11. Social services, not elsewhere classified (8399). United States Postal Service (4311 except major distribution center). nn. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). oo. Videotape rental (7841). 2.2.30.3.3 Prohibited uses. a. Gasoline service stations (5541). 2.2.30.3.4 Minimum project area. Minimum proiect area shall be one acre. 2.2.30.3.5 Rezoning request. Projects shall be encouraged in the form ofa PUD (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least 40,000 square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan). 2.2.30.3.6 Access. Access shall be limited to one access point per project. Abutting projects are encouraged to share access. 2.2.30.3.7 2.2.30.3.8 Parking. Projects shall be required to provide off-street parking and are encouraged to make provisions for shared parking arrangements with adjoining developments. Deceleration lanes. Projects shall provide deceleration lanes as may be determined necessary by the community development administrator or ; 64 2000 2.2.30.3.9 designee based upon the requirements of the "work within the right-of-way ordinance" (Ordinance No. 93-64) and sound engineering practices. : Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian traffic. Adjacent projects shall coordinate location of sidewalks. 2.2.30.3.10 Maximum height. Buildings shall have a maximum height of two stories. 2.2.30.3.11 Signs. As required in Division 2.5 2.2.30.3.12 Landscaping. As required in division 2.4. 2.2.30.3.13 Cessation of residential uses. Existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of the Santa Barbara Commercial Subdistrict in the Golden Gate Area Master Plan (April 19, 1999). This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this district, within one additional year. This requirement to cease existing residential uses does not apply to dwelling units which were owner-occupied as 0fApril 19, 1999. 2.2.30.3.14 Variance request. Owners of property within the Santa Barbara Commercial Overlay District may petition the board of zoning appeals for a variance from the standards in this district (Sec. 2.2.30.3.1, and Sec. 2.2.30.3.4-2.2.30.3.13) as will not be contrary_ to the public interest when, owing to speci'al conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. The procedures and standards for granting such variance shall be similar to those set forth in section 2.7.5.6. Santa Barbara Commercial Overlay LDC F, GMP Petitions, Santa Barbara Commercial 65 ~G HAY 3 1 P~,, ORIGIN: Community Development & Environmental Services AUTHOR: Ron Nino, Current Planning Manager and Fred Reischl, Senior Planner DEPARTMENT: Planning Services LDC PAGE: (not yet incorporated into the codified version) LDC SECTION: Division 2.3 Off-Street Parking and Loading CHANGE: Proposed language to reduce the 25-foot required yard for commercial zoning adjacent to residential zoning for a Parking Exemption to 15 feet. REASON: Today's Code states that the setback of a commercial structure from residentially zoned property is 25 feet. In the case of a Parking Exemption where parking is permitted on residentially zoned property, the Code requires that a commercial structure be 25 feet away from the residentially zoned property, even though that property is being used for a "commercial" use. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.3.4.11. 2.3.4.11.2.c. Locationai requirements. Structures in commercial zoning districts shall be set back a minimum of 15 feet from residentially zoned lots which have been granted a Parking Exemption. t AGENDA ITEM NAY 31 200{ ORIGIN: Community Development & Environmental Services AUTHOR: Ron Nino, Current Planning Manager and Fred Reischl, Senior Planner DEPARTMENT: Planning Services LDC PAGE: Not yet incorporated into the codified version. LDC SECTION: 2.3.4.11.2.c.2 CHANGE: Remove the requirement that a non-commercial lot applying for a Parking Exemption must meet FLUE criteria for commercial. Renumber subsequent entries. REASON: The elimination of "commercial under criteria" in the FLUE has eliminated many sites previously eligible for a Parking Exemption. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: .None The Planning Commission and the Board of Zoning Appeals shall consider the following criteria for a parking exemption: (1) Whether the amount of off-site parking is required by Section 2.3. ! 6, or is in excess of requirements. (2) The distance of the farthest parking space from the facility to be served. (3) If the lots are separated by a collector or arterial roadway, the safety of pedestrians. Pedestrian and vehicular safety. The character and quality of the neighborhood and the future development of su~ounding prope~ies. (6)(7)Potential parking problems for neighboring prope~ies. ~ether the internal traffic flow is required to leave the site to reach the proposed off-site parking. ~ether vehicular access shall be from or onto residential streets. ~w~ m Whether buffers adjacent to prope~y zoned residential are 15 feet in width and include a wall in addition to required landscaping. MAY 3 1 2000 (10)(! ix Whether the off-site parking will be used for valet parking. -! (1 lW~ ,~ Whether the off-site parking will be used for employee parking. (12)(! 2) Whether there are more viable alternatives available. (13 ~..,Where the proposed off-site parking will serve water dependent and/or water related uses. 68 - AGENDA ITEM M,A,Y 31 2000 77 ORIGIN: Development Services Advisory Committee AUTHOR: Stan Chrzanowski, Senior Engineer & Fred Reischl, Senior Planner DEPARTMENT: Planning Services LDC PAGE: 2:121 LDC SECTION: 2.3.4.12.2 Exhibit A CHANGE: The sidewalk will be made narrower where vehicles overhang on to the sidewalk, and the vehicle overhang will not be considered in the design or review; and the clearance between the required landscape buffer and the face of the curb or wheelstop to alloxv for the vehicle overhang will be eliminated. REASON: To reverse the change that went into effect at the last amendment cycle. Because the proposed amendment will impact pedestrian access along sidewalks and the viability of landscaping due to vehicular overhang, Staff is not in favor of this amendment. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Exhibit A attached. 69 g DESIGN N 2.3 COLLIER CO UN~DEVELOPMENT SERVICES DB~RTMENT 19 JAN 96 { W~kN.T.S. EXHIBIT ~ Current Drawing 7O TYPICAL OFF-STREET PARKING DESIGN DIVISION 2.3 COLLIER COUNTY DEVELOPMENT SERVICES DEPARTMENT 19 JAN 96 N.T.S. EXHIBIT A Proposed Drawing 71 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect; Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services LDC PAGE: 2:140 LDC SECTION: 2.4.3.5 CHANGE: Specify requirement for staking of newly planted landscape trees. REASON: Currently, the code requires that "staking shall be removed between six and twelve months after installation." The code does not specify that staking is required, .only that it shall be removed. The amendment clarifies that palm and tree-staking installation is required. FISCAL & OPERATIONAL IMPACTS: $6 - $8 per canopy tree and $10 - $12 per palm. RELATED CODES OR REGULATIONS: None Amend Subsection 2.4.3.5. as follows: 2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under subsections 2.4.3.1 and 2.4.3.2. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 2.4.4. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or overhead utility lines, or where they shall require frequent pruning in order to avoid interferences with overhead power lines. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within easements without written approval from all entities claiming an interest under said easement. All trees and palms shall be properly guyed, braced and/or staked according to proper nursery practice at the time of planting to ensure establishment and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other 2.4.3.5 failure of the staking and guying. after installation. LDC AMENDMENT/KM/NS Staking shall be removed between six and 12 months 72 AGENDA ITEM MAY 3 ! 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGES: 2:146, 2:147, 2:148 and 2:152.3 LDC SECTION: 2.4.4.16., 2.4.4.17. and 2.4.7.4. CHANGE: Renumber figures where necessary, clarify graphics and language. REASON: Additional figures have been added to the landscape code, resulting in renumbering of figures. Graphics have been updated to meet related minimum codes. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 2.4.4.16. as follows: 2.4.4.16. Safe sight distance triangles at intersection and access points. (Refer to Figure 1, Sight Distance Triangles). Where an a drivewav/accessway intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and eight feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Streets and Highways (DOT Green Book) where appropriate. 73 31 200 FIGURE 1: SIGHT DISTANCE TRIANGLES MAY 31 2000 FIGURE 1: SIGHT DISTANCE TRIANGLES ?5 AGENDA ITE MAY .t 1 2000 Amend Subsection 2.4.4.17. as follows: 2.4.4.17. Signage located within/adjacent to landscape buffer area. All trees and shrubs located within landscape buffer shall be located so as not to block view of signage as shown in Figure 2, Signage Adjacent to Landscape Buffer. Where specimen trees exist, the signage setback location may be administratively reduced per the requirements of Division 2.5. Code required plantings shall progress in height away from the street. FIGURE 2: SIGNAGE ADJACENT TO LANDSCAPE BUFFER 76 AGENDA ITEM MAY 3 1 2000 FIGURE 2: SIGNAGE ADJACENT TO LANDSCAPE BUFFER Amend Subsection 2.4.7.4. as follows: 4Buffer areas between interior lot lines of commercial parcels may be displaced to other locations as schematically shown in Figure 4, Displaced Commercial Interior Lot Line Landscaping. Approval shall be obtained from the Planning Services Director subject to the following conditions: 77 mAY 3 1 200 FIGURE 4 DISPLACED COMMERCIAL INTERIOR LOT LINE LANDSCAPING %\ I-- - / ~ ~/~' -- - .. -. ,~ .... " -" '--~ - "~: ~';;~ ': Z ........ /" I ~ '.' _'. ~ --::.4'1 .'.'. '~ .--:.- ,.. ? :..;:_ ? .~. .., -; I t ~ -,. '.', -,. ?8 AGENOA 11T~M MAY 3 1 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:148 LDC SECTION: 2.4.4.17. CHANGE: Require that sign location and related landscaping be shown on landscape plan. Provide cross referencing of landscape code and sign code. REASON: To state requirements more clearly. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 2.4.4.17. as follows: 2.4.4.17. Signage located within/adjacent to landscape buffer area. All trees and shrubs located within landscape buffer shall be located so as not to block view of signage as shown in Figure 2, Signage Adjacent to Landscape Buffer. Sign locations shall be shown on the landscape plan and 100 square feet of landscaping shall be provided per Section 2.5.5.2.1. Where specimen trees exist, the signage setback location may be administratively reduced per the requirements of Division 2.5. Code required plantings shall progress in height away from the street. 2.4.4.17 - NLS 79 MAY31 2 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect; John DiMartino, Landscape Inspector; and Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services LDC PAGE: 2:149 LDC SECTION: 2.4.5.2. CHANGE: Require terminal landscape islands in vehicular use areas. REASON: To protect parked vehicles and confine moving traffic to aisles and driveways. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 2.4.5.2. Amend Subsection 2.4.5.2. as follows: Landscaping required in interior of vehicular use areas. At least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. feet-4h,-ar-ea. These tree requirements shall be met with existing native trees xvhenever such'trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in landscape islands, the amount of parking spaces in that row may be increased to 15. A parking stall [shall] be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. All rows of parking spaces shall be terminated on each end by curbed landscaped islands as shoxvn in Figure 3, Terminal Landscape islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces terminated by the island. Lay on curbing shall not be permitted. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than txvo canopy trees. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a co:nbination of any of the above. ' AC~.NDA IltM 80 NAY $1 2000 FIG:URE 3 TERMINAL LANDSCAPE ISLANDS ENLARGEMENT N.T.$. DO THIS I I BUILDING '1 NO TERMI ~,.~ ISLANDS DON'T DO THIS~ Interior landscaping areas shall be provided within the interior of all vehicul'ar use areas. Landscaped areas, wall structures, and walks shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures. Required landscape islands and perimeter planting beds shall be graded to provide positive drainage in accordance with approved horticultural practice. Curbing around landscape areas shall include curb cuts where necessary so as not to inhibit positiIs~ra~, drainage. 1~. ~ .. MAY Interior landscaping areas shall meet the requirements of divi'sion 2.4.3.5, 2.4.3.6, and 2.4.3.7. Alternative designs may be approved that achieve equivalent results subject to approval by the planning services director. 2.4.5.2 LDC AMENDMENT/JKM 82 I~AY :3 1 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:150 LDC SECTION: 2.4.5.4. CHANGE: Cross referencing of landscape code and Division 2.8. "Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects." REASON: To state requirements more clearly. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend Subsection 2.4.5.4. as follows: 2.4.5.4. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40, 000 square feet. An area that is at ieast seven percent of the size of the vehicular use areas shall be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and shall be in addition to the building perimeter planting area requirements. The courtyards shall only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area shall be in addition to other landscaping requirements of this division, may be u~ed to meet the open space requirements (section 2.6.3.2), and shall be labeled "Green Space" on all subdivision and site plans. (Refer to Division 2.8 Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects.) The interior landscape requirements of these projects shall be reduced to an amount equal to five percent of the vehicular use area on site. Green space shall be considered areas designed for environmental, scenic or noncommercial recreation purposes and shall be pedestrian- friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space shall include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area shall use existing trees where possible and landscaping credits will be allowed as governed by table 2.4.4. The green space areas shall be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. (Ord. No. 96-66, § 3.D, 10-30-96) 2.4.5.4. NS 83 MAY 31 200 OR/GIN: Community Development & Environmental Services AUTHOR: Nancy Siemion, Landscape Architect DEPARTMENT: Planning Services LDC PAGE: 2:151 LDC SECTION: 2.4.7.4. CHANGE: Cross referencing of landscape code and Section 2.6.28. "Automobile Service Stations." REASON: To state requirements more clearly. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. Amend Subsection 2.4.7.4. as follows: TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties District Subject Property's District/Use i 2 3 4 5 6 7 8 9 10 11 12 13 1. Agriculture (AI) B B B B B A A A A D A 2. Residential (E, RSF) Single-family A A B B B B B C B * D B 3. Residential (RMF-6, RMF-12, A B A N A B B B B * D B - RMF-16) multifamily 4. Residential tourist (RT) A B A A B B A B B * D B - 5. Village residential (VR) A A B B B A B B B * D B 6. Mobile home (MH) A B B B B A B B B * D B B 7. Commercial3, 4, 5 (C-l, C-I/T, C-2, A B B B B B A A A * D B B C-3, C-4, C~5); Business Park (BP) 8. industrial2 (1) A C B B B B A A A * D B B 2 9. Public use (P), community facility A B B B B B A A A * D B - (CF), Golf Course Clubhouse, Amenity Center 10. Planned unit dev.elopment (PUD) * * * * * * * * * * D * * i 1. Vehicular rights-of-way D D D D D D D D D D B 12. Golf course maintenance building B B B B B B B B B B B A B 13. Golf course - _ . B - The letter listed under "Adjacent Properties District" shall be the landscape buffer and screening alternative required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screeni g of 8c~r.l~,~ ilro,t district or use with the most similar types, densities and intensities of use. WhO~a MAY 3 1 2000 conflict exists between the buffering requirements and the yard requirements of this code, the yard requirements of the subject zoning district shall apply. ~Bufferin~ in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal. 2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum five-foot-wide type A landscape buffer adjacent to the side and rear property lines. This area sball not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. 3Buffer areas between commercial outparcels located within a shopping center may be a shared 10' wide. This does not apply to right-of-way buffers. 4Buffer areas between interior lot lines of commercial parcels may be displaced to other location with approval from the Planning Services Director subject to the following conditions: (i) (ii) (iii) The project is part of a unified plan of development as iljustrated by a Master Site Development Plan which includes all of the individual building parcels which comprise the unified plan of development; and An agreement betxveen all oxvners of the separate parcels is recorded to the effect that there is a system of cross access easements and that the entire parking lot functions as a common parking lot; and All of the buildings share a common architectural and landscape theme; and (iv) The land area normally associated with landscaping that will be displaced as a result of the elimination of some interior lot line landscaping will be proportionally added to other required interior parking lot landscaping, building perimeter landscaping or perimeter buffering. 5Refer to Section 2.6.28 for Automobile Service Station landscape requirements. 2.4.7.4. NS 85 MAY 31 ZOC ORIGIN: Community Development & Environmental Services AUTHOR: Chahram Badamtchian, Ph.D., AICP DEPARTMENT: Planning Services LDC PAGE: LDC2:164 LDC SECTION: 2.5.5.2.5.8.3. CHANGE: Allowing special event signs for such uses as fairs, carnivals, circuses, revivals, sporting events or any public, charitable and educational event to be erected 15 days prior to the event and to be removed within 7 calendar days after the event. REASON: The reason for this amendment is to treat all temporary signs, including political signs, equally. This is pursuant to recent federal court case law on the subject. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Section 2.5. as follows: 2.5.5.2.5.8.3. Special events signs. A special events sign not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs shall require a building permit. Special events signs shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within 7 calendar days after the event has taken place. 86 3 1 2000 ORIGIN: Community Development and Environmental Services Division AUTHOR: Michelle Edwards Arnold, Code Enforcement Director ., DEPARTMENT: Code Enforcement LDC PAGE: LDC2:176.5 LDC SECTION: 2.6.7.1.1 CHANGE: Modify section to require display of license plate REASON: The current section requires display of license plates by implication only and as such is subject to interpretation, additionally any current valid license plate may be affixed to a vehicle and not necessarily the one for which it is assigned. The proposed amendment makes for a stronger ordinance and spells out requirements for a valid tag, thus enabling Code Enforcement to be more effective. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.6.7.2.1 and 2.6.7.3.1 Amend the Land Development Code as follows: Sec. 2.6.7. Parking and storage of certain vehicles. 2.6.7.1. Parking and storage of vehicles without current licerise plates. 2.6.7.1.1. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured ~vithout mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plate; or do not meet the definition of recreational equipment as defined within this code, shall not be parked or stored on any residentially zoned or designated property, including the E estates district, other than in a completely enclosed building. For the purpose of this section a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by State Statue and is registered to the vehicle or trailer upon which it is displayed. $7 ~,C..~aND A I~" ' 3 1 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ross Gochenaur, Planner II DEPARTMENT: Planning Services LDC PAGE: 2:189 LDC SECTION: 2.6.21. Dock Facilities CHANGE: 1) Add language more clearly identifying property governed by the provisions of this section; 2) Allow a percentage criterion (25% with a 20-foot maximum) to determine protrusion limits for docks on waterways under 100 feet. This would allow more reasonable use of narrower waterways and reduce the number of boat dock extension petitions. REASON: 1) Current language suggests that this section applies only to waterfront lots on canals or navigable waterways, which is not the intent of the Code: the section applies to all property defined as "waterfront"; 2) The current Code prohibits construction of docks protruding more that 5 feet on canals under 70 feet in width, while allowing an unlimited dock-and-vessel combination. This amendment would limit total dock facility protrusion FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Sec. 2.6.21. Dock facilities. 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 c,n .... ~ ...... + ........ ~,~ having waterfront property as described in Division 6.3 Definitions, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such canal c,r waterway or waterbody. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and use while minimally impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surrounding property owners. Permitted dock facility protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or Mean High Water line, whichever is more restrictive. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory use or structure. Boathouses shall be required to be approved through the procedure and criterk section 2.6.21.3 and 2.6.21.4. In addition, any covered structure erected on a 88 AGENDA ITEM rivate 31 ; 000 Pg. boat dock shall also be considered an accessory use, and shall also be required to be approved through the procedures and criteria of section 2.6.21.3. and 2.6.21.4. of this code. ., 2.6.21.2. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses. Platted waterway width, where available, shall be considered true waterway width for the purposes of this section. 2.6.21.2.1. For lots on a waterway that is 100 feet or greater in width, no boathouse, dock · facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protmsion of the moored vessel). A dock extension in accordance with Section 2.6.21.3. may be granted to allow a protmsion of more than 20 feet. 2.6.21.2.2. For lots on a waterway that is less than 100 feet in width, dock facilities may ,~,,,~,.a/.,,.~,-,a~ ,,,, .... *"~ *~" occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is lesser. ~ .,.~,:~ ..... : ........ '-:~':"~ A dock extension in accordance with Section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet. but at no time shall such extension allow more than 25 percent of the waterway width to be occupied. 2.6.21.2.4=. 3_. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in section 2.6.21.2.4.1 or as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of 7 1/2 feet. All dock facilities (except boathouses) on lots at the end or side end of a waterway having regular (linear) water frontage shall have a side setback requirement of 7 1/2 feet as measured from the side lot line or riparian line, whichever is appropriate. 2.6.21.2.8, 1.3.1. Riparian lines (see Division 6.3, Definitions, riparian line) for lots at the end or side end of a waterway with a regular shoreline are established by a line e.xtending from the comer of an end lot and side end lot into the waterway bisection equidistantly the angle created by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited tc ~ drawn perpendicular to the shoreline for regular (linear) shorelines, or lines dt iwn perpendicular to the centerline (thread) of the waterway, or perpendicular to tl lin~J°' " 89 MAY 3 1 of deep water (line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 2.6.21.2.& 4_. All dock facilities, regardless of length/protrusion, shall have reflectors and house numbers four inches minimum size installed at the outermost end, on both sides. For multifamily developments, the house number requirement is waived. 2.6.21.2.~.. 5._.:. All dock facilities are subject to, and shall comply with, all' federal and state requirements and permits, including but [not] limited to the requirements and permits , of the Florida department of environmental protection, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 2.6.21.2.-7-,. 6~ Protection ofseagrass beds. Where new docking facilities are proposed or boat dock extensions, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of one inch to 200 feet when available from the county, or a scale of one inch to 400 feet when such photographs are not available from the county. The location of seagrass beds shall be verified by a site visit by the site development review director or his designee prior to issuance of any project approval or permit. 2.6.21.2.7. 1.6: ! All proposed dock facilities shall be located and aligned to stay at least ten feet from any existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation and hard bottom communities. 2.6.21.2.7.2.6..2 Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property the applicant shall be allowed to build a dock across the seagrasses, or a docking facility within ten feet ofseagrasses. Such docking facilities shall comply with the following conditions: 1. The dock shall be at a height of at least 3.5 feet NGVD. 2. The terminal platform of the dock shall not exceed 160 square feet. 3. The access dock shall not exceed a width of four feet. 4. The access dock and terminal platform shall be sited to impact the smallest area of seagrasses possible. 2.6.21.2.7.3.6.3. The petitioner shall be required to demonstrate how negative impacts to seagrasses and other native shoreline vegetation and hard bottom communities have been mini~nized prior to any project approval or permit issuance. 2.6.21.3. Dock facility extension,' boathouse establishment criteria. Additional length/protrusion beyond said respective distances specified in section 2.6.21.2.1 and 2.6.21.2.2 for dock facilities; and all boathouses, regardless of the extent of the protrusion into the waterway or the width of the waterway, shall require public notice and a hearing by the Collier County Plalming Colnmission. As to any boat dock extension petitio upon which the Planning Commission takes action, pursuant to section 5.2.11 o Code, an aggrieved petitioner or adversely affected properly owner may appeal 90 'this c~' uch~*:~- MAY 31 2000 final action to the board of zoning appeals, except that such appeal shall be filed with the Development Services Director within ! 4 days of the final action by the Planning Commission.. The Board of Zoning Appeals may affirm, affirm with conditions, reverse, or rev:erse with conditions the action of the Planning Commission. Such appeal shall be filed with the Community Development and Environmental Services Administrator, or his designee, and shall be noticed for hearing with the Board of Zoning Appeals pursuant to the procedures and applicable fee set forth in section 1.6.6 of this Code. The Planning Commission shall base its decision for approval, approval with conditions, or denial, on the following criteria: 2.6.21.3.1. Whether or not the number of dock facilities or slips to be located on the subject property is appropriate in relation to the length of waterfront property available for the location of the proposed dock facilities. 2.6.21.3.2. Whether or not the water depth where the proposed dock facility is to be located is sufficient to allow for safe mooring of the vessel, thereby necessitating the extension request. 2.6.21.3.3. Whether or not the proposed dock facility and moored vessel(s) in combination may have an adverse impact to navigation'within an adjacent navigable channel. 2.6.21.3.4. Whether or not~ for lots on a waterway that is greater than 100 feet in width, the proposed dock ~c=ign an~ mozre~ ;'ego°el facility occupies more than ~ ~ than 25 percent of the width of the wate~ay~ or~ for boathouses only~ protrudes greater than 20 feet ~, and whether or not a minimum of 50 percent of the width of the wate~ay betv.'ee~ ~z~-' ~'~'~' ..... ~ ..... ~ ...... ~o~ ~. ,~ ..... :,~ o:~ ~c,~ .....· ........is maintained in order to ensure reasonable waterway width for navigability. 2.6.21.3.5. Whether or not there are special conditions related to the subject property or waterway which justify the proposed dimensions and location of the subject dock. 2.6.21.3.6. Whether or not the proposed dock is of minimal dimensions necessary in order to adequately secure the moored vessel while providing reasonable access to the boat for routine maintenance, without the use of excessive deck area. 2.6.21.3.7. Whether or not the proposed structure is of minimal dimensions to minimize the impact of the view of the waterway by surrounding property owners. 2.6.21.3.8. Whether or not the proposed vessel is in excess of 50 percent of the length of the water frontage such that the addition of a dock structure will increase the impact on or negatively impact the view of the waterway by surrounding property owners. 2.6.21.3.9. Whether or not the proposed location and design of the dock/vessel combination is such that is may infringe upon the use of neighboring properties, including any existing dock structures.. 2.6.21.3.10. Regarding existing benthic organisms in the vicinity of the proposed extension. (a) Whether or not seagrasses are located within 200 feet of the propo.. cd dock; and 9]_ MAY 3 1 20( (b) Whether or not the proposed dock is subject to the manatee protection requirements of this Code (section 2.6.22). 2.6.21.3.11. If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request it deems as necessary to accomplish the purposes of this code and protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), provision of light(s), additional reflectors, or reflectors larger than four inches, and prohibiting or permitting mooring on the outside of the dock facility. 2.6.21.4. Boathouse requirements.' In addition to the criteria in section 2.6.21.3, the following criteria shall apply to boathouses: 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into waterway: 25 percent of canal width or 20 feet, whichever is less. 2.6.21.4.3. Maximum height: 15 feet as measured from top of seawall or bank whichever is more restrictive. 2.6.21.4.4. Maximum number of boathouses per site: One. 2.6.21.4.5. All boathouse structures shall be completely open on all four sides. 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. (Ord. No. 92-73, § 2; Ord. No. 93-37, § 3; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 95-58, 11-1-95; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.D, 6-4-97) Code references--Coastal zone protection, § 22-286 et seq.; waterways, ch. 146. LDC AMENDMENT/ / 92 AGEI~A ITEM 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Fred Reischl, Senior Planner ., DEPARTMENT: Planning Services LDC PAGE: 2:206 - 2:214 LDC SECTION: 2.6.33. Temporary use permits CHANGE: Re-order parts of the section into a more logical order; permit issuance of a Temporary Use permit for up to 42 days in a multi-tenant building of 10 or more businesses; eliminating the fee for nonprofit organizations requesting a Temporary Use permit for an event; updating Director's titles; correcting typographical errors. REASON: Larger multitenant buildings use their allocation of 28 days of TU permits more quickly than smaller buildings. Most nonprofit organizations that apply to the BCC for a fee waiver for a Temporary Use permit are granted the request. This amendment would eliminate the public hearing before the BCC. FISCAL & OPERATIONAL IMPACTS: The Community Development Fund would lose the revenue generated by approximately 10 Temporary Use permits per year ($750). RELATED CODES OR REGULATIONS: None Sec. 2.6.33. Temporary use permits. 2.6.33.1. 2.6.33.2. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. General. The .site deve!c~ment rev!ew directe, r Planning Services Director, or his designee, may grant a temporary use permit for requests that demonstrate compliance with the intent of section 2.6.33. Approvals for such requests shall be based upon, but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. All ~-eque~ applications for a temporary use permit shall submit include a conceptual site plan or a site development plan (SDP) as provided for within this section. The appropriate required plan and temporary use permit application shall be submitted and approved prior to or simultaneously with the submission of a building permit application (if required). and 93 sale MAY 31 20 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the be, low-.., listed activities. The temporary use permit shall be granted initially for a perior not t6 exceed 24 months in te,agl-h duration and may be rene~wed annually base{ 94 upS._ MAY 31 zoo0 2.6.33.4. 2.6.33.4.1. demonstration of need and payment of fee. A request for renewal shall be submitted to the site deYe!opment .... ; .... director Planning Services Director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and administrative functions within the development. Temporary administrative offices to be used in conjunction with a bona fide agricultural use in the Agricultural zoning district when located in the area designated agricultural on the future land use map of the Future Land Use Element of the Collier County Growth Management Plan. 3. On-site storage of equipment and construction materials for use on the development site only. 4. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. 5. On-site mobile radio and television equipment and antennae. 6. On-site mobile home for the use of a watchman or caretaker only. 7. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. o Off-site temporary parking on property which is located contiguous to the subject development, 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, with the written authorization of the property owner. 9. Other on-site uses similar to the foregoing uses and determined by the Planning Services Director to meet the intent of S_section 2.6.33.2. Proposed temporary structures identified above require the submission of a conceptual site plan which that addresses the requirements of Ssection 2.6.33.2. Model homes and model sales centers. 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, in the Estates zoning district, and in the Agricultural zoning district as part of a rural subdivision, by the issuance of a temporary use permit; however, a model center as a permitted use within a PUD, and not located within a dwelling unit;for a tempor~ s~ucture such as atrail~r, shall not require a temporary use permit. Model homes and model sales centers are intended to facilitate the sale of the model design, or of products similar in design to the model. Model homes and model sales centers located within residential zoning districts, or within a residential component of a PUD shall be restricted to the promotion of a product or products permitted within the residential zoning district or PUD in which the model home or model sales center is located and further subject to the following: 9s Model homes shall only be permitted for dwellings '.~,'~ai:5 that have not been previously used as a residence. A model home or model sales center is not intended to allow the full scope of real estate activities and shall be restricted primarily to the sale and marketing of the model, or products similar to the model. A model home shall not include offices for builders, contractors, developers, or similar activities. Model homes may be "wet" or "dry." Model homes permitted as "dry" models (unoccupied by a sales office and/or representative) shall be limited to a conditional certificate of occupancy allowing the use of the structure as a model only provided all required infrastructure is in place to service the unit. Model homes permitted as "wet" models (occupied by a sales office and/or representative) shall not be occupied until such time as all required infrastructure is available to service the unit and a permanent certificate of occupancy has been issued. Transportation to and from unoccupied model homes is provided at a sales center, which also provides required parking and handicapped accommodations in accordance with section ~!6~3~:.~,,!~; Model homes occupied by a sales office and/or representative must have all required landscaping, parking, and handicapped access on site. A temporary use permit for a model home_(occupied or unoccupied) shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. Model sales centers may be located in either a temporary structure, usually a mobile home, or a permanent structure which is either a residential dwelling unit or a non-residential structure. Temporary use permits shall be issued as follows: ao A temporary use permit for a sales center in a temporary structure shall be issued initially for a period of three years and may be renewed annually based upon demonstration of need. A temporary use permit for a sales center in a permanent structure which is a residential dwelling unit shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. A temporary use permit for a sales center in a permanent structure other than a residential dwelling unit shall be issued initially for a period of three years and may be renewed annually on demonstration of need. Temporary use permits for model homes or model sales centers to be located within a proposed single-family development prior to final plat approval may be requested by the applicant and require 1) administrative approval of a plat and construction plans showing all required infrastructure for the lot(s) on which the model home or model sales center is located, and 2) a Ssite _O_Ddevelopment Pplan (SDP) pursuant to Ddivision 3.3, subject to the following: (a) A maximum of five models or a number corresponding to ten percent of the total number of platted lots, whichever is lesser, per platted, approved 96 o 10. development shall be permitted prior to final plat approval as specified above. (b) The applicant shall provide documentation that all required utilities will be available to the subject site, and, where required, shall depict such utilities in detail on the site development plan. (c) The parcels on which the models are located must abut a privately owned and maintained road, temporary in nature or permanently constructed to Collier County roadway standards. (d) The boundaries depicted on the preliminary subdivision plat shall be depicted on the site development plan in order to ensure compliance with the applicable development standards in effect on the subject property. (e) Final lot grading and drainage conveyance shall be in conformance with the master grading plan for the project as depicted on the preliminary subdivision plat submittal documents. Temporary use permits for model units or units used for sales centers in multi- family projects will not be issued prior to plat recordation and final approval of the project Site Development Plan. All other temporary use requests for model homes shall require the submission of a conceptual plan which demonstrates that provisions will be made to adequately address the requirements of S_section 2 ~.133 ~ ~ !!. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4.; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of Ssection or a Site Improvement Plan, depending on the extent of the work required. Temporary use permits for model homes to be located within a proposed single-family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to division 3.2, and a Conceptual Site Plan which addresses the requirements of Ssection Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). Temporary use permits for occupied (wet) model homes following subdivision shall require a Conceptual Site Plan which addresses the requirements of Ssection 216,33,~1:tli Temporary use permits for unoccupied model homes following subdivision shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site 97 Improvement Plan for a model sales center which provides adequate parking to support the model(s). I 1. All model home site plans shall adequately address the following standards: 1. Traffic circulation and safety within the site as follows: a. All parking spaces shall be arranged in a manner for convenient and safe access for vehicles and pedestrians. No parking spaces shall be arranged to cause vehicles to be moved in order for other vehicles to enter or exit a site. 2. Minimum parking requirements: a. Four parking spaces for the first model unit and one and one-half spaces for each additional model unit (for dimensions see Section 2.3.4.12), One paved parking .space for disabled persons per parking lot shall be provided (included as part of the number of required parking spaces) along with a paved access aisle and barrier-free access to the unit (for dimensions see Section 2.3.20.3), All parking spaces shall be constructed of a concrete, asphalt. or other dustless material as may be approved by the Planning Services Director (driveways and handicapped spaces shall be paved). Screening, buffering, and landscaping of the temporary use to reduce potential impacts on adjacent properties as required in section 2.4.4 and approval by the Planning Services Director as fo!loxvs: a. One canopy tree per 30 linear feet around the perimeter of the vehicular use areas. b. A staggered double row of hedges between the right-of-way and the parking area and a single row of hedges to screen the driveway. c. Vehicular use areas shall be setback a minimum often feet from the property line. 4. Lighting. 5. Sanitary facilities. 6. Fire protection. 7. Environmental impacts. 8. Stormwater management. 98 A~A ITF. M 4AY 3 1 2000 9. Any other requirements determined by the Planning Services Director to be necessary for the public health and safety. 2.6.33.5. (Reservedi 2.6.33.6. Temporary sales. In the case of temporary sales, such as grand openings, going out of business sales, special promotional sales, or other similar uses (exclusive of garage sales, lawn sales and similar private home sales), the Planning Services Director ....... ,~ .... ~ ..... , .... : .... a.~:_:~,,.~, .... u:~ ,~: .... may grant nonrenewable permits of up to 14 days~,,o-we~ duration, such that during any calendar year the sum total of all permits for such events for that location does not exceed 28 days. A multi-tenant building of 10 or more businesses with annual leases may utilize a maximum of 42 days per calendar year for temporary_ sales. Temporary Use permits may be permitted ~ for up to an additional four weeks when approved by the Bboard ofCc-ounty Ceommissioners. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the Bboard of Cc-ounty Ceommissioners shall be noted as conditions to the issuance of said permits, and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. Temporary sales permits may, in support of the use being permitted, include the placement of one sign, a maximum of 32 square feet, or two such signs for properties containing more than one street frontage, as well as merchandise, temporary structures and equipment. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale shall conform to the minimum yar. d requirements of the district in which it is located. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the L~and Ddevelopment Cc-ode and shall be subject to the penalties therein. Temporary sales permits may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 2.6.33.6.5 and 2.6.33.6.6, below. Temporary sales permits shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property except as provided for in ~' Sections 2.6.33.6.5 and 2.6.33.6.6, below. The issuance of a temporary use permit shall not be issued for undeveloped properties. o The Planning Services Director ~;'~ a .... ~ ..... . .... : .... .~:.,.~. .... t.:,. degig may issue temporary use permits for satellite locations subject to the applieab' restrictions set forth in this section, provided the applicant currently operates 99 MAY 3 1 21 business from a permanent approved commercial location within Collier County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. The Planning Services Director ~:~ ': .... ' ..... ' ~.-':~w .. ..... or may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. Prior to the issuance of a temporary sales permit, a complete application, along with a conceptual site plan, shall be submitted to the Planning Services Director : ~ ~ .... , ..... ~ .... : .... ,4:~ .... 3~:r .480: .... The conceptual plan, when reviewed in conjunction with the application, shall be of the appropriate scale and detail to adequately describe and define: (a) Vehicular and pedestrian traffic safety measures. (b) Additional parking requirements. A maximum of ten percent of the parking required by division 2.3 of this code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs and merchandise. The minimum required number of handicapped parking spaces pursuant to division 2.3 shall remain available for usage. (c) Limited activity hours. (d) Watchmen, fencing, lighting. (e) Fire protection measures. Sanitary facilities. (g) If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 8. In making such approval, the Planning Services Director site deve19pme::t .... ; ....a; ........~.;,..4~; ....may stipulate requirements, or restrictions as he deems appropriate in the case. 9. A multitenant building of 10 or more businesses with annual leases may utilize a maximum of 42 days per calendar year for temporary_ sales. Garage sales: In the case of garage sales, lawn sales and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, ~ or other nonprofit residentially zoned institutions~ the Code Enforcement Director ~;"~ n .... ~ ........ , .... : .... .~:~, .... ~.:~ .~o; ..... may issue a 0he two-day petit for such events during each six-month period. Such permit may include the use oftempora~ signs located on the property where the sale is being held, limited to a maximum of two signs, no greater than four square feet each. No signs shall be placed in any public rights-of-way. If the temporary not discontinued upon expiration of the permit, it shall be considered a viola the L;and Ddevelopment Ceode and shall be subject to the penalties herein. lOO se ~s J,C,r:~A MAY :31 2000 2.6.33.7. Temporary seasonal sales. A nonrenewable five-week permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. ., Temporary use permits for seasonal sales may be issued for the following season/holiday related items: (a) Christmas trees. (b) Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). (c) Pumpkins. Temporary use permits for seasonal sales may be issued on improved or unimproved properties provided the applicant submits a conceptual site plan which demonstrates that provisions will be made to adequately address the following: (a) Vehicular and pedestrian traffic safety measures. (b) Adequate on-site, or additional off-site parking areas for unimproved properties. A maximum of ten percent of the parking required by division 2.3 of this code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, signs and merchandise. The minimum required number of handicapped parking spaces pursuant to D~tivision 2.3 shall remain available for usage. (c) Limited activity hours. (d) Watchmen, fencing, lighting. (e) Fire protection measures. (0 Sanitary facilities. The applicant shall provide a notarized letter from the property owner or the property manager granting permission to utilize the subject property for the temporary seasonal sale. Temporary use permits for seasonal/holiday sales may, in support of the use being permitted, include the placement of one sign, a maximum of 32 square feet, or two such signs for properties containing more than one street frontage, as well as merchandise, temporary structures and equipment. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violati'on of the Ltand Ddevelopment C_~ode and shall be subject to the penalties therein. 2.6.33.8. Motion picture/television production permit. 2.6.33.8.1. Permit required No person, firm, corporation or association shall take still or l]u¥i-~l.c~ '~ pictures on private property or property owned by or under the control of ColliIno.~ MAY31 21] p. 2.6.33.8.2. County without first having obtained a permit. A permit shall be required for the foilroving: the use of set scenery, temporary structures, lighting equipment or other apparatus, special effects, or closure of public streets or accessways. This code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. Application for permit: contents. Any person, finn, corporation, association or governmental entity desiring to obtain a permit shall apply to the Plannin~ Services Director 'zom~g-gir-ec-t~; and said application shall include but not be limited to the following. 1. Name, address (including local address) and telephone number of applicant. Proof of comprehensive general liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. Special effects to be utilized, especially incendiary or explosive devices, with proof or [of] not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and licensin~ by the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. 4. Locations, dates and hour of filming scene to be filmed. 5. A description and sketch plan indicating the location of film events and parking facilities provided. 6. Plans for construction or utilization ofov-[oq structures on the subject site(s-). Number, type and location of sanitation facilities to be provided. Plans for disposal of refuse and debris, and restoration of the site(s-) to its original condition. 8. Provide a description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting. 9. Describe any use which may encroach into environmentally sensitive areas. 10. Approximate number and type of vehicles and/or equipment to be used and any special parking requirements. The number of personnel to be on location with the production. 11. 12. Necessity for closures of public streets or sidewalks and for what duration and 'location. Indicate any utilization of aircraft/fixed-wing, helicopter, or balloons at tht subject site(s). ; 21.02 AGENDA field I A¥ 3 1 2000 13. List of county personnel or equipment requested, and an agreement to pay for extraordinary services provided by Collier County. 7 14. 15. Provisions for traffic control, fire safety and security precautions. If located on private property, not under the Ceounty's ownership or control, a written notarized agreement will be required from the property owner to allow the filming to occur on his property. 2.6.33.8.3. Insurance requirements. e a cant sha , ~ maintain in force at all times during the permit period: a comprehensive general liability policy with limits other than those described in subsections 2 and 3 above, r~,,~o~.:~o~ ~x ~a ~ ~ ....ro:o~ recommended by the Risk Management Director a:~,~, ~r,~ ~;o~ ..........· a:,~o:~ upon a review o~ the pa cu arc rcnmstances av ve ............ ppli .... ' ........ :~;'~'~*~: .......~c ~c ....:t, shall ' ' . Said a cant, as ~ v .... provide to the Planning Se~ices Director ~ a certificate oE insurance a~ evidence ~ that said insurance is in existence~ and ceniEying that Collier County is a named insured~ and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private propeay will be at the discretion of the affected property owner. 2.6.33.8.4. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of the applicant under a permit issued hereupon in the form and manner provided by the Planning Services Director ~. 2.6.33.8.5. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for Cc-ounty-owned land or facilities shall be in effect. 2.6.33.8.6. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the Planning Services Director z.~m/-~g4~-~, the permit may be issued. If the planning Services Director ~ determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he may require that the permit application be scheduled for a public hearing before the Bboard of Ce~unty Cc-ommissioners. The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the Ce-ounty at least one:time 15 days prior to the hearing. ' 2.6.33.8.7. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The susp~ shall be initially communicated orally, followed by a written suspension order !VlA¥ continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. 2.6.33.8.8. Costs for extraordinary services. The Cc-ounty shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not limited to, charges for personnel and/or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The Cc-ounty may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the Ceounty or paid by the applicant, respectively. 2.6.33.8.9. Surety bond. A surety bond in the amount to be determined by Collier County will be required by a company authorized to issue bonds in Florida or cash payment in lieu of the bond to provide for cleanup and/or restoration of the subject site(s). 2.6.33.9. Temporary sports events, religious events, and communily events. 2.6.33.9.1. In the case of sports events, religious events, community events, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations th Pi i S i Di ~:*~' '~ ....~ ......* ....: ....'~:~* ....~:~ ~ ig e ann ng ervces rector ..........v ....... es nee~may grant nonrenewable permits of up to two weeks' duration, such that during any calendar year the sum total of all permits for such events does not exceed 28 days. Temporary permits may be allowed for an additional period of up to four weeks when approved by the Bboard of Ceounty Cc-ommissioners. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the 131~ard of Cc-ounty C_c-ommissioners shall be noted as conditions to the issuance of said permits; and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. 2.6.33.9.2. Temporary permits may, in support of the use being permitted, include the placement of signs, merchandise, structures and equipment, and a mobile home as an office, but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Land Development Code ,r~: .... ;',,, ce~e and shall be subject to the penalties therein. 2.6.33.9.3. Temporary permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the Bboard of Cc--ounty Cc-ommissioners via a public petition request. 2.6.33.9.4. The Planning Services Director shall accept without fee, Temporary Use permit applications for sports events, religio. us events, community events. or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the comnmnity at large, a specific group of individual. or the bona fide nonprofit oreanization. Two such events per calendar year per organization are eligible for this exemption. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3, 5-18-94; Ord. No. 94-58, § 3, 10-21-94; 95-58, § 3, 11-1-95; Ord. No. 96-21, § 3) 104 ORIGIN: Community Development & Environmental Services AUTHOR: Donald J. Murray, AICP, Principal Planner .. DEPARTMENT: Planning Services LDC SECTION: 2.6.35.6.26 LDC PAGES: LDC2:226 CHANGE: Amend the section number referring to non-ionizing electromagnetic radiation (NIER) from Section 2.6.35.6.26 to Section 2.6.35.6.31 of the LDC, moving that requirement to the end of Section 2.6.35 of the LDC. REASON: A minor change to the section number to maintain the requirement that NIER sources comply with federal government standards. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 2.6.35.6.31 All new non-ionizing electromagnetic radiation (NIER) so'urces shall comply with the then current applicable standards adopted by the federal government. The County shall not be required by this section to enforce such standards. lOS ORIGIN: Joel K. Gustafson, Holland & Knight, LLP, representing Lodestar Towers, Inc., and the Florida Department of Transportation AUTHOR: Donald J. Murray, AICP, Principal Planner DEPARTMENT: Planning Services LDC SECTION: 2.6.35.7 LDC PAGES: LDC2:XXXX CHANGE: An amendment to Section 2.6.35 of the LDC, providing for an Alligator Alley Communications Towers district. The proposal by Joel K. Gustafson, Holland & Knight, LLP, representing Lodestar Towers, Inc., and the Florida Department of Transportation, will allow the state to utilize the 1-75 right-of-way (ROW) for placement/replacement of telecommunications towers utilized for a telecommunications program implemented by the FDOT. The proposal will allow the state to place towers with heights of up to 280 feet in their ROWs. The amendment will change separation and setback requirements as provided for in Section 2.6.35 of the LDC to allow more flexibility in placing Lodestar telecommunications towers within the 1-75 ROW. Towers will be used for both public and private purposes. REASON: The FDOT Intelligent Transportation System (ITS) program requires the use of wireless telecommunications facilities and technology, including towers, to improve the communication of highway safety information to motorists travelling along 1-75. FDOT also wants to lease shared space on the proposed towers to commercial wireless telephone companies wanting to operate PCS cellular phone services within the interstate right-of-way. This proposed system will provide motorists with information on roadway conditions and guidance information. It will also allow the FDOT to provide real time information via variable message signs, and will facilitate traffic data collection. It will also allow shared use (additional collocation space) of four proposed towers by the commercial wireless telephone providers who have long maintained the need for more towers along 1-75. The FDOT has primarily undertaken this program to help promote private telecommunications facilities known as "TCA Facilities" on its limited access highway right-of-way, as provided for in the Telecommunications Act of 1996. FISCAL & OPERATIONAL IMPACTS: None other than normal petition review fees. RELATED CODES OR REGULATIONS: Section 2.6.35 of the LDC. AGENCY COMMENTS AND CONCERNS: This proposal has been routed to all agencies with possible concerns or jurisdictional review. The Florida Department of Community Affairs (DCA), the U.S Fish and Wildlife Service (FWS), the National Park Service (NPS), the Department of Forestry (DOF), the Collier Mosquito Control District, the Florida Department of Environmental Protection (DEP), the Collier County Airport Authority, the Florida Fish and Wildlife Conservation Commission, and the Conservancy of Southwest Florida were all contacted. At this time, only a few agencies have responded. The comments of those agencies are as follows: US Fish and Wildlife Service - The FWS is concerned. They have developed guidance systems to address siting towers and related facilities. Also, Lodestar must consult with the FWS if federal funding is being used. They also have a concern with the placement of tall Towers with heights greater than 200 feet require FAA lighting. Lighting and tall towe~ afff,~ ~- _ MAY 31 2000 migratory birds and contributes to bird kills. Formal comments will be forwarded to the County Development Services after adequate information has been submitted by the petitioner to the FWS for their review. This information must be routed through the FCC and the FAA, first, before being forwarded :to the FWS. Comments and requirements of those agencies can be addressed by County Planning Staff prior to the site development plan review. Appropriate measures or steps can then be applied if needed to mitigate potential problems. Collier Mosquito Control District - At this time, the CMCD is only concerned about the proposed Everglades Blvd. tower site. The proliferation of towers has effected their aircraft mosquito spraying operations and this proposed tower would impact future operations. The CMCD recommends that Lodestar place their equipment on existing towers, first, such as the Ford Motor Test Track tower site, before requesting to build any new towers. National Park Service - NPS is concerned about the effects towers may have on migratory. and threatened birds, and the negative impacts towers Will have on the scenic beauty of the Big Cypress Preserve. They have no problem with replacing the existing tower at the 1-75 Rest Area if the tower is utilized for government purposes. Antenna space on these proposed towers should be utilized by government agencies, first, if the tower space is needed. They question the needed height of the proposed towers for ITS programs. They believe that the existing Section 2.6.35 of the LDC has worked somewhat effectively to limit towers in and surrounding the Big Cypress Preserve but the original requirements of the LDC should be maintained. They will look at these issues further. DCA - Has few concerns as long as the requirements of the LDC are met, in particular, those pertaining to the Area of Critical State Concern (ACSC). COMPREHENSIVE PLANNING STAFF COMMENTS: The proposed amendment is deemed consistent with the FLUE, subject to the ACSC regulations, which are required by Florida Statutes and cannot be waived or exempted by amendment to the LDC, and subject to a determination of compatibility to be deemed consistent with the Golden Gate Area Master Plan (GGAMP) when being placed within the Golden Gate area. FDOT has confirmed that they have reserved the top areas of all of the proposed towers for their use. Therefore, based upon FDOT's stated planned use of the proposed towers, Planning Staff believes that the proposed use is consistent with the GGAMP. EAC and DSAC RECOMMENDATION: Both the DSAC and the EAC recommended approval of the proposed amendment, including all four proposed tower sites. Both the EAC and the DSAC had concerns that FDOT would not be able to complete its communications plans by approving only two of the four towers. There were two dissenting votes by EAC members. The dissenting votes were in favor of Staff's recommendations and the limitations to allow only the two replacement towers. PLANNING STAFF CONCERNS: The proposed amendment will allow placement of four towers in the 1-75 right-of-way. Two are proposed as replacement towers and two are new. Staff has reviewed the proposed amendment and the resulting construction and replacement of towers with respect to FDOT's program needs and land use. The questions posed address the relevance of the locations of the proposed tower sites, the minimum tower height needed by the FDOT programs, the minimum spacing needed between toxvers, and the comments and concerns made by agencies contacted by Planning Staff and the petitioner. These questions are sumrr a~'ized below: 21.07 MAY 31 2 What is the feasibility that FDOT can use the proposed American Tower Corporation proposed tower that will be located at the Ford Motor Test Track? Staff has maintained that one of the new proposed tower sites located at Everglades Blvd. (mile marker 92.6) may be unnecessary due to two existing tower sites (one existing, one approved) being located near it. The FDOT has taken the position that they must maintain control of their tower facilities because private companies may not have the same priorities for repairing or replacing damaged or destroyed facilities during emergency situations, such as hurricanes. Staff cedes that placement of towers in or near the 1-75 right of way will probably facilitate access and repairs to those facilities versus if they are placed off site, but other tower companies maintain that they can accommodate FDOT equipment on their proposed tower. What is the feasibility that existing towers may be used and/or replaced to provide the minimum FDOT service needed on 1-757 An existing tower located within the Florida Panther National Wildlife Refuge at S.R. 29 and 1-75 may be unnecessary because the petitioners may be able to obtain a variance to replace it at the proposed height of 310 feet, but only if there are no environmental problems or problems with the U.S. Fish and Wildlife Service. An amendment for the other two proposed towers is probably necessary due to the location of those structures being within Conservation districts in the Big Cypress Preserve; Section 2.6.35 of the County's LDC prohibits towers from being erected in Conservation (CON) districts. This makes the existing tower located at the 1-75 Rest Area (mile marker 63.3) a nonconforming structure and the other, located at mile marker 52.9, would not be allowed in the CON district with the current requirements of the LDC. The proposed tower at the Everglades Blvd. site may be allowed as a conditional use essential service in the Estates district as long as it is used by the FDOT. Furthermore, under the existing regulations of Section 2.6.35 of the LDC, the Everglades Blvd. tower site would be considered unnecessary due to the already approved tower site at the Ford Motor Test Track, which is located about three-quarters of a mile from the proposed Everglades Blvd. site. Staff believes that Section 2.6.35 was designed to limit the number of towers in the County by directing speculative tower builders to sites of lowest impact to the citizens of the County and by requiring shared use of existing towers with collocation capacity first. The proposed Lodestar amendment will exempt Lodestar from having to meet these requirements, which currently apply to all other tower companies seeking to build towers in this area, and which has effectively limited new towers in the area. But, in order for FDOT to establish i.ts ITS program and to upgrade its call box service, reasonable assurance is needed that all of the needed towers will be constructed and replaced. The existing process under Section 2.6.35 will not allow the needed telecommunications cell sites to be established, thus this amendment is needed and logical. What is the minimum height and tower spacing needed to support the FDOT program needs? Lodestar maintains that a minimum height of 250 feet is needed to place the FDOT equipment at a height needed to function propei'ly due to the need to provide line of site microwave service between the proposed towers. The microwave service is needed because of the lack of land based communications lines (called the backhaul network). The microwave would function as a wireless backhaul but would be affected by the curvature of the earth, thus the needed height given the proposed distances between the sites. Lodestar stated that because of these requirements and factors if they would go to a three tower system, the towers would have to be constructed with heights of 350 feet or more. How ,viii the proposed use affect existing land use? This amendment would only require separating a tower from restdentrol property by a small distance called a collapse area o ~n nard~AIl-e.~ zone (usually less than 50 percent of the height), or by a clear zone to;be maintained on a~oin~..~_.~ IdA¥ 3 1 2000' I property. This will not be a problem for at least three of the four proposed towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Refuge. There are no residential propertieslocated near those tower sites. The Everglades BIvd site will be located in the "E" Estates zoning district (ndrmally, a tower would not be allowed in the "E" district) and a required separation from nearby residential property boundaries would be approximately equal to the height of the tower. In this case, it would be equal to 250 feet. This standard was established to separate towers from some residential uses and to minimize obtrusiveness to residents. Given the location of the proposed Everglades Blvd. site, the proposed 50% separation should be adequate for containing a typical tower collapse, but the view of the proposed tower will be significant. Summary: The proposed amendment appears to be reasonable based on Staff's analysis, but the' view of the proposed towers cannot be overcome, especially at such close proximity to residential properties. The proposed amendment also poses another question as to whether additional facilities will be needed by the petitioner in the future. Also, if this proposed amendment is approved as requested by Lodestar, then it is possible that too many towers Will be constructed in the Everglades Blvd. area. But, the need to accommodate the new ITS program and telephone telecommunications along Alligator Alley (especially for emergencies), the lack of other facilities which would help to limit the need of such tall structures, and the need for FDOT to have some reasonable assurance of security for their equipment gives weight to the need for additional telecommunications facilities in this rural area of 1-75. This need would not be the same if the proposed structures were to be located in the Urban Designated Area where there are many existing facilities, and where Lodestar has stated that they can accommodate their programs with existing telecommunications facilities. Therefore, Staff supports the proposed amendment but only with StafFs proposed changes, which will provide some reasonable assurance that requirements necessary to guaranteeing County zoning control, safety, and environmental issues are addressed. This is especially true considering the proposed towers are predominantly commercial in use. PLANNING STAFF RECOMMENDATIONS: Based on analysis of the available information, staff supports the LDC amendment with all four proposed towers sites, but contingent upon Staff,s recommended changes to the proposed amendment. Therefore, Staff recommends Approval of this proposed amendment with the following changes: (Note: All of the following text is new language proposed to the LDC but StafFs proposed additions are Double Underlined and deletions are Struck thrzugh) Sec. 2.6.35.7. (1) Alligator Alley Communication Towers Notwithstanding other provisions of this Section, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the 1-75 right-of-way east of the toll booth (Alligator Alley). Two of the four towers shall only be constructed to replace two existing Florida Department of Transportation tower. The four new telecommunication tower sites shall be located approximately at: (a) (b) mile marker 52.9. including antennas; mile marker 92.6 (Ever!~!ades B!vd). The height shall not exceed 2: The height of the tower shall not exceed 250 feet 0 fee~' I',IAY the site of an existing FDOT tower located at mile marker 63.2 at the 1-75 Rest Area. It will replace an existing tower located on the north side of 1- 75 at mile marker 63.3. The height shall not exceed 280 feet including antennas. The towers shall be constructed with a capacity.. to provide for a minimum of c .... f4x eight (8) co-users, includi.ng Florida Department of Transportation {FDOT), the U.S Fish and Wildlife Service (FWS), the National Park Service (NPS),. the' Department of Forestry (DOF), and Collier County agencies, where practical T~,~ , ........I~11 ~1~^ I..~ (3) (4) (6) The towers shall be constructed in a manner consistent with the standards and requirements of Section 2.6.35 and other applicable sections of the LDC ~ Minimum yard requirements: There shall be no minimum yard requirement for these towers as these locations provide that the tower and all ancilla~~ facilities are contained within the 1-75 right-of-wa~ and the proposed tower maintains a separation distance from any adio~ni~g resideBtial pmpe~y !i~es e~ua] to proposed tower height or. equal to ~ a Florida Professional Engineer's certified collapse area (fall zone), whichever i~' greatest, c, ....... m^:,: ~ or a clear zone is maintained on adjoining property by a rise easement with the adjoining property owner. No habitable residential or non- residential structure, including Offices, shall be allowed within a certified collap.se area (fall zone) these proposed towers. Access: Proposed access to any tower site shall be as approved by FDOT. Parking: Sufficient unpaved area shall be provided on or adjacent to the site to accommodate tempora _ry parking for one vehicle used in servicing or maintaining communication towers. Landscape Buffer: A landscape buffer no less than ten feet wide with trees planted 25 feet on center shall be developed around the perimeter of all new tower sites and other related equipment, structures, and buildings that ..... f-c~qc4~. This buffer shall encompass all new structures inch,ding the tower base. At least one row of native vegetation shall be planted within the buffer to form a continuous hedge at least three feet in height at planting. This hcage shah a!sa be v .................. , ~ ...... ~., ~"~'o's The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager Planning Se~ices Director where the buffer is not practical due to punic safety.~ d ig · (7) A Site Development Plan and construction plans will be submitted to the Collier County Planning Se~ices Depaament for review and approval prior to an~ construction of the proposed towers herein. No change~, additions, or alterations ma~ be made to any approved Site Development Plan or construction plans for (8) the new towers proposed herein without County approval. Tower lighting: In addition to requirements for tower lights specified in S .... 2.6.35 of the LDC, towers located in the Big Cypress Preserve and the F 11o ~cti9.;~~TM orid~~ MAY 31 200 Panther National Wildlife Preserve shall be in accordance with the USFWS guidance system requirements for tower lighting. 111 MAY 3 ~ 20 ORIGIN: Planning Services AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager, John Houldsworth, Senior Engineer DEPARTMENT: Engineering Review LDC PAGE: LDC 3:23 - LDC 3:24 LDC SECTION: 3.2.6.5.3 Procedures for acceptance of required improvements. CHANGE: Added requirement for developer to provide final release of lien from contractor(s) prior to preliminary approval of subdivision improvements. REASON: To ensure that the County (if public facilities) or a Homeowner's Association (if private facilities) do not inherit improvements which are encumbered by liens. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Ordinance 97-17 (Utilities Ordinance). 3.2.6.5.3. Proceclures for acceptance of required improvements. The applicant shall submit the following data, certifications, inspections and documents for review and approval by the site development review director prior to the county administrator, or his designee denying, granting, or granting with conditions preliminary approval of any completed required improvements and prior to authorizing the site development review director to issue any building permits ( except as provided for in section 3.2.7.3.4 of this code) for structures to be constructed within a subdivision or development, where the developer has chosen to construct the improvements prior to recording of the plat. 1. Maintenance agreement and subdivision performance security. The applicant shall execute a maintenance agreement in the format provided in Appendix A, guaranteeing the required improvements against defect in workmanship and material for the period beginning upon preliminary approval of all completed required improvements by the county administrator, or his designee and ending upon final approval of the required improvements. Any documents submitted by an applicant which are not in compliance with the standard forms adopted in Appendix A must be approved by the board of county commissioners. The maintenance agreement shall be submitted to the development services director along with the completion certificate, development records and subdivision performance security for maintenance of the required improvements in an amount equal to ten percent of the cost of required improvements. The subdivision performance security shall be in a form established by the development services director from time to time and as shown in Appendix A. The maintenance agreement and security shr approved by the county attorney prior to approval by the cc administrator or his designee. ; 3_12 !! be, unty'n~'~ ~ Acceptance of dedication and maintenance of improvements. The dedication of public spaces, parks, rights-of-way, easements or required improvements shall not constitute an acceptance of the dedication by the county. The acceptance of the dedication shall be indicated by a resolution adopted by the board of county commissioners indicating that the applicant has attested that all required improvements meet or exceed the standards established by this division. Such resolution shall be prepared by the development services director after all of the procedures and requirements for preliminary acceptance of the required improvements have been met to the satisfaction of the development services director. Completion certificate, record improvement plans and supportive documents. The required improvements shall not be considered complete until a statement of substantial completion by the applicant's professional engineer of record along with the final development records have been furnished to, reviewed and approved by the development services director for compliance with this division. The applicant's professional engineer of record shall furnish one set of record improvement plans on a mylar or similar acceptable material, with a minimum of two mil thickness, and two sets of certified prints acceptable to the development services director, showing the original design in comparison to the actual finished work. The mylars shall be labeled as record drawings on each sheet prior to printing of the required sets of prints. In addition, a copy of applicable measurements, tests and reports made on the work and material during the progress of the construction must be furnished. The record construction data shall be certified by the applicant's professional engineer and professional land surveyor and shall include but not be limited to the following items which have been obtained through surveys performed on the completed required improvements: Co do eo Roadway centerline elevations at all intersections and at a minimum at all points of vertical intersection (PVI) along the roadway. Invert and inlet elevations of all water management structures , including catchbasins, all junction boxes, headwalls, inlets, and the like. All record drawing data for water and sewer facilities pursuant to the provisions of Collier County Ordinance No. 88-76, as amended. Centerline inverts on all open swales at high and low points and at 100-foot stations along centerline. The following data shall be submitted in report form for the acceptance of streets, roadways, alleys or the like for maintenance purposes: Name of subdivision, block, plat book, and page of recording . 113 HAY 31 21 (2) Name of each street proposed to be accepted for maintenance purposes. (3) The beginning and ending point for each street proposed to be accepted. (4) The centerline length of for [sic] each street proposed to be accepted. (5) The number of lanes for each street proposed to be accepted. Final release oflien!~om contractor(s). The applicant shall provide to the county a copy of the final release of lien from any utility / roadway contractor(s). LDC AMENDMENT/ / Underlined is added 114 AC.~ENDA I'r~ MAY 3 I 2000 ORIGIN: Community Development and Environmental Services AUTHOR: Ross Gochen. aur, Planner II DEPARTMENT: Planning Services LDC PAGE: 3:25 LDC SECTION: 3.2.7. Preliminary subdivision plat CHANGE: Under preliminary subdivision plat submission requirements, add requirements to include setbacks and additional details for typical lots and lot use REASON: To better document this information in a format which would expedite building permit review FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.2.7.1.20. Typical lot configurations shall be iljustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such iljustrations shall show a typical dwelling unit meeting required setbacks for a typical lot. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot areas and lot dimensions may be shown on a legend as opposed to notation on each lot. LDC AMENDMENT/ / 115 3 I 2001 ORIGIN: Planning Services AUTHOR: Thomas E. Kuck, P.E., Engineering Review Manager, John Houldsworth, Senior Engineer DEPARTMENT: Engineering Review LDC PAGE: LDC 3:60 LDC SEC.TION: 3.2.9.1.2 Final subdivision plat CHANGE: Length of time allowed in which a developer must complete required subdivision improvements within a platted subdivision. REASON: There are occasions where an individual will build a home within a subdivision, but must wait for the developer to complete the subdivision improvements in order to receive a certificate of occupancy (CO). This proposed amendment would reduce the time in which a developer has to complete required subdivision improvements, thus reducing the possibility of a property owner being "held up" on a certificate of occupancy while the developer completes the required subdivision improvements. In some cases, the developer may decide to plat fewer Lots at a time in order to ensure completion of the required improvements within the time allowed by this section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 3.2.9.1 3.2.9.1.1 3.2.9.1.2. General requirements. ge~e~ Ten prints of the final subdivision plat shall be submitted along with tile improvement plans. No final subdivision plat shall be approved unless the improvement plans shall have been reviewed and accepted by the development services director. 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 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within ~ 18 months from the date of approval of the final plat unless prior to the 36 18 month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the Development Services Administrator or his designee. The 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 ~ month 18-month construction period (unless a written extension request is approved by tile board of ce. anty cc:nn:issicner.~ at the4ime~vg.q~ ~'a:-':o:~" plat ........ ~ development services director prior to the expiration of the 18 month construction period), xvhether the f'mal 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 reviexv and approval and executed by all parties at the time of final plat approval per section 3.2.9. i .3. LDC AMENDMENT/ / 116 ,.,I 3 1 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior EnvironmentalSpecialist;KimMaheuron, Environmental Specialist:I DEPARTMENT: Planning Services/Code Enforcement LDC PAGE: 3:98 LDC SECTION: 3.5.7.2.5. CHANGE: Remove ability to waive minimum planting heights REASON: The current minimums are already smaller than the desired heights which we've allowed to be achieved at 1 years time. There is no administrative waiver allowed in the landscape section of the Code; it should not be given here. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 3.5.7. as follows: Sec. 3.5.7. Construction requirements for the construction of excavations. 3.5.7.2.5 At the time of planting: minimum tree height shall be eight feet; minimum shrub height shall be 24 inches; minimum herbaceous height shall be 12 inches -r~ ~,~:~, ..... : ..... . .... ~.~ -.~_:.:....,.:.,~1 ...... :,,~.~ ,,.~. .~.. LDC AMENDMENT/JKM 117 MAY 3 1 200 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist; Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services LDC PAGE: 3:126.1 LDC SECTION: 3.9.4 CHANGE: Correct name of state agency and add new agencies. REASON: Some departments no longer exist; others have been renamed/created. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 3.9.4.1. as follows: Sec. 3.9.4 Application Requirements. 3.9.4.1 Other permits required. No vegetation removal permit shall be issued by the Planning Services Director until all applicable federal and state, and county approvals as designated by the development services director have been obtained. These approvals may include, but are not limited to: Building permits. (except in accordance with section 3.2.8.3.6.) Special treatment (ST) development permits. U.S. Army Corps of Engineers permits or exemptions. Florida Department of Environmental Protection permits or exemptions. U.S. Fish and Wildlife Service permits or exemptions. Florida Fish and Wildlife Conservation Commission permits or exemptions. South Florida Water Management District permits or exemptions. Other applicable agency reviews or permits or exemptions. Other county approvals. 3.9.4 LDC AMENDMENT/JKM AGENDA ITEM MAY 3 1 2000 Pg. ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist DEPARTMENT: Planning Services LDC PAGE: 3:131 LDC SECTION: 3.9.5.5.2. - 3.9.5.5.4. CHANGE: Add language to reference the proposed amendments to the protected species section of the Code. Amend the exception portion of 3.9.5.5.3 so that it is consistent with what is required in 3.9.5.5.4. This was an oversight when 3.9.5.5.4 was amended a few years ago. The last change is to simplify the plant size description at the end of 3.9.5.5.4. REASON: These amendments provide both clarifications to how we currently apply the Code and to how we anticipate applying it with the changes to the protected species section. FISCAL & OPERATIONAL IMPACTS: See the fiscal impact statement regarding the changes to gopher tortoise protection. There will be no additional fiscal or operational impacts to the amendment to the exceptions section as Staff has been applying this criteria consistently to all development since the Board approved the last changes to this Section. This simply clarifies the procedure and provides for fair and equal review of all projects. RELATED CODES OR REGULATIONS: None Amend Subsection 3.9.5.5.3. as follows: Sec. 3.9.5 Vegetation removal, protection and preservation standards 3.9.5.5.2. All new developments shall retain existing native vegetation to the maximum extent possible; especially where said native vegetation exists within required buffer areas. When protected species are identified on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3.11.3 for the management of these areas). Where the required minimum retained vegetation percentage has been met pursuant to sections 3.9.5.5.3 and 3.9.5.5.4 additional native vegetation shall be retained unless necessary grade changes, required infrastructure, stormwater management system design or approved construction footprints necessitate its removal. The need to remove additional existing native trees shall be demonstrated by the applicant as part of the vegetation removal review process. When required to be removed, existing viable na,tive trees shall be transplanted into site landscaping unless the applicant can demonstrate that transplanting is not feasible or appropriate. Retained areas of vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed, except for prohibited exotic species removal, enhancement with native plant material and pruning and maintenance. nc, ra~ 3_3.9 MAY 3 1 2001 3.9.5.5.3. All new residential or mixed use developments greater than 2.5 acres in the Coastal Management Area as defined in the 1989 edition of the future land use element of the county growth management plan and greater than 20 acres in the Coastal Urban Designated Area as defined in the General Plan Requirements section (6.4.6) of the Adoption Notebook of the 1989 edition of the future land use element of the county growth management plan shall retain 25 percent of the viable naturally functioning native vegetation on-site including both the understory and the ground cover emphasizing the largest contiguous area possible. When protected species are identified on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3.11.3 for the management of these areas). When several different native plant communities exist on-site, the development plans will reasonably attempt to preserve examples of all of them, if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25 percent requirement considering canopy understory and ground cover, providing that in such areas of credit, ground cover constitutes no more than 20 percent of the landscaped area. Where a project has included open space, recreational amenities or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25 percent native vegetation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25 percent of the site. Exceptions, by means of mitigation in the form of increased landscape requirements, shall be granted for parcels, which cannot reasonably accommodate both the preservation area and the proposed activity. Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. Such re-vegetation shall apply. the standards of Section 2.4.4. and include a quantity of plantings matching the amount of required preserved native vegetation that was removed. The following minimum sizes shall apply: I gallon ground covers; 5 gallon shrubs; 14 foot high trees with a 7 foot crown spread and a dbh of three inches. Previously cleared parcels, void of native vegetation, shall be exempt from this requirement. ~ ..... : .... ~'~" ~' ..... ,~.4 c^. 3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above, including but not limited to 1) residential or mixed use developments under the thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3) industrial development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the county development review process. When protected species are identified on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3.11.3 for the management of these areas). For new development under five acres, a minimum of ten percent of the native vegetation on-site (by area), shall be retained, including the understory and ground cover. For new development five acres or greater, a minimum of 15 percent of the native vegetation on-site (by area), shall be retained, including th6 understory and ground cover. Preservation of different contiguous habitats is to be encouraged. When several native plant communities exist on-site the development plans will reasonably attempt to preserve examples them, if possible. }towever, this policy shall not be interpreted to allow deve in wetlands, should wetlands alone constitute more than the portion of 120 it all'~a,~ rrr~ opn~.t ~ the site I A¥ 3 1 2000 required to be preserved. Exceptions, by means of mitigation in the form of increased landscape requirements, shall be granted for parcels which cannot reasonably accommodate both the preservation area and the proposed activity. Where native preservation rdquirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such revegetation shall apply the standards of Section 2.4.4. and include a quantity of plantings matching the amount of required preserved native vegetation that was removed. The following minimum sizes shall apply: 1 gallon ground covers; 5 gallon shrubs; 14 t~ !5 foot high trees with a seven to-eig~ foot crown spread and a diame~ dbh of three to f~ur inches ~ c ...... ~ ~.~ ~.~,r c~, ~,. ...... + .... , ,.~...4~. Previously cleared parcels, void of native vegetation, shall be exempt from this requirement. 121 MAY 3 1 20 ORIGIN: Community Development & Environmental Services AUTHOR: John DiMartino, Landscape Inspector; Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services LDC PAGE: 3:137 LDC SECTION: 3.9.6.6 CHANGE: Further clarify and define areas for exotic vegetation removal and add requirement for golf courses to remove exotics prior to a preliminary acceptance. REASON: To include areas that are not currently inspected prior to use. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 3.9.6.6. as follows: 3.9.6.6. Requirement for removal of prohibited exolic vegetation. 3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. 3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of this division shall be required during prohibited exotic vegetation removal. 3.9.6.6.3. Prohibited exotic vegetation shall be removed: (1) From all rights-of-way, common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improvements; (2) From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. From all golf course £airways, roughs. and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; (4) (5) In the case of the discontinuance of use or occupation of land or structure for a period of 90 consecutive days or more. property From property proposing any enlargement of existing interior floor space, paved parking area. or substantial site improvement; ~vate~o~ er ~ilml[, M 31 2000 122 prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 3.9.6.6.4. Verification 0'f prohibited exotic vegetation removal shall be performed by the development services director's field representative. 3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 3.9.6.6.4.2. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.6.6.5. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this division. 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new Fr!ncipa! dwelling units, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vege.tation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.6.6.7. Disposal of exotic vegetation. The disposal of the prohibited exotic vegetation after removal shall be approved as a part of the local development order. Disposal sites may include, but not be limited to mulching facilities at the Collier County landfill. 3.9.6.7. Destint, tion Designation of specimen tree. By resolution of the Collier County board of county commissioners, a plant may be designated a specimen tree because of its historical significance, rarity in Collier County, age or extraordinary size. A public hearing shall be held .with notice provided to the property owner by certified mail. The designation shall be recorded in the official records of the clerk of the circuit court. All recording fees are the responsibility of the Collier County board of county commissioners. 3.9.6.6. LDC AMENDMENT/JKM 123 MAY 31 2[ ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist; Alex Sulecki, Environmental Specialist II; Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services/Code Enforcement LDC PAGE: 3:138 LDC SEGTION: 3.9.6.8. CHANGE: Correct required minimum tree sizes. REASON: This amendment brings equitable balance to the current disparity. between a property owner developing his property in accordance with the LDC and one who is required to mitigate for a violation. This requires them to mitigate with equal size plantings. FISCAL & OPERATIONAL IMPACTS: It will cost the property owner more to replant or restore the property which has a clearing violation on it. RELATED CODES OR REGULATIONS: Amend Subsection 3.9.6.8. as follows: Sec. 3.9.6. Revie~v Procedures. 3.9.6.8 Penalty 4. Restoration standards. If an alleged violation of this code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: (A) The restoration plan shall include the following minimum planting standards:. (1) In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (2) Each replacement tree shall be Florida grade no. 1 or better as graded by the Florida department of agriculture and consumer service. (3) All replacement trees shall be nursery grown, containerized and a~ b__qe a minimum be -o__f zeven tz ei?:,E: 14 feet in height with a 7 foot crown spread and have a minimum c-at4p~ dbh of o,,mqo-M4~_ 3inches at 12_!nche~ abc, vo LDC AMENDMENT/JKM 124 AGENDA ITEM MAY 3 1 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson, Senior Environmental Specialist; Specialist II; Kim Maheuion, Environmental Specialist I DEPARTMENT: Planning Services/Code Enforcement LDC PAGE: 3:140 Alex Sulecki, Environmental LDC SECTION: 3.9.6.9. CHANGE: Remove the example given regarding replacement. REASON: The example used is inacurate and contradicts requirements sited in other sections of the code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Amend Subsection 3.9.6.9. as follows: Sec. 3.9.6. Review Procedures. 3.9.6.9 Corrective measures for environmental violations. 4. If only trees were removed and the understory vegetation was not disturbed. then replacement of the dbh (diameter at breast height) in inches removed shall be required For examF!e :c^..~_ :.~r..~.r,. ........... e.~ a,~. ~;.: ..... c LDC AMENDMENT/JKM 125 APsF_NDA ITM MAY 31 2000 ORIGIN: Community Development & Environmental Services AUTHOR: Barbara Burgeson Senior Environmental Specialist; Alex Sulecki, Environmental Specialist II; Kim Maheuron, Environmental Specialist I DEPARTMENT: Planning Services/Code Enforcement LDC PAGE: 3:141 LDC SEETION: 3.9.6.9.2. CHANGE: Correct required minimum tree sizes. REASON: For Consistency with the rest of the code. FISCAL & OPERATIONAL IMPACTS: This will cost the property owner more money to plant the larger size material, but will be consistent with other sections of the LDC currently seeking amendments. RELATED CODES OR REGULATIONS: None Amend Subsection 3.9.6.9.2. as follows: Sec. 3.9.6. Review Procedures. 3.9.6.9.2 Site-specific review criteria 1. All plants used for mitigation shall be native Florida species. All plants used for mitigation shall be from a legal source and be graded Florida no. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida no. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of :ix 14 feet tall at the time of planting and shall have a minimum ~ dbh of mae-i-}~a 3 inches ~' ~ ~:~+ LDC AMENDMENT/JKM 126 A~.~A ITEM MAY 3 1 2000 ORIGIN: Community Development & Environmental Service Division AUTHOR: Michelle Edwards Arnold, Code Enforcement Director DEPARTMENT: Code Enforcement LDCPAGE: LDC 3:142 LDC SECTION: 3.9.6.9.5. CHANGE: Add language which reduces corrective measures when applied to single-family and Estates property owners who have cleared one-acre of land in advance of building permit authorization. REASON: Current corrective measures are excessively punitive for owners of single-family and Estates zoned properties who are attempting to reduce costs by performing land clearing work by themselves and who clear the one-acre home-site in advance of obtaining clearing authorization given by the building permit. FISCAL & OPERATIONAL IMPACTS: Would allow for reduced amount of funds to be paid to public agency (which could possibly be Collier County) if the violation consists of a Single family, village residential or Estates zoned property being cleared by the owners themselves in advance of issuance of building permit (in advance to mean within a 90 day window). RELATED CODES OR REGULATIONS: 3.9.6.4.2 3.9.6.9.5. Donation of lands orfimds.. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater that the total sum it would cost to mitigate for the violation according to sections 3.9.6.9 - 3.9.6.9.4 including consulting fees for design, and monitoring, replanting and exotic removal. Except that if the violation consists of clearing of Residential, single-family (RSF), Village residential (VR) or Estates (E) or other non agricultural, non commercially zoned land in which sineJe-family lots have been subdivided for single-family use only, and land is bein~ cleared by the property owners themselves in advance of issuance of building permit. the development services director. may, at his discretion, impose a penalty fee in the amount equal to double the cost of a typical building permit. 127 MAY 31 201 ORIGIN: Collier County Environmental Advisory Council AUTHOR: Barbara Burgeson, Senior Environmental Specialist; William D. Lorenz, Natural Resources Department Director DEPARTMENT: Planning Services; Natural Resources LDC PAGE: 3:147 LDC SECTION: 3.11.2 - 3.11.4 CHANGE: To provide additional language to the protected species section of the LDC, to provide staff the written support of requiring minimum habitat protection for gopher tortoises, so that we do not endanger their survival on approved developments. Note: It is Staffs intent to continue to work with the State, and receive input from the public and private consultants, regarding the need to address a Collier County regional gopher tortoise mitigation/relocation parcel. We understand the concerns from the consultants that it is not easy identifying off site relocation areas for tortoises. REASON: The Environmental Advisory Council initiated this proposed amendment and requested staff to prepare guidelines to better protect gopher tortoises and their habitat. FISCAL & OPERATIONAL IMPACTS: There will be no additional time or cost anticipated for Planning Services staff to incorporate this LDC change into their review of projects. Staff currently reviews all petitions for habitat preservation. In fact, the requirement for the petitioner to provide better habitat for gopher tortoise will save staff time in that currently staff often spends time negotiating with applicants for higher quality preserve areas. This amendment will also reduce the time staff spends attending Environmental Advisory Council (EAC) meetings justifying either staff's or the applicants proposed preserve area. This amendment will not result in an increased operational or fiscal impact on either planning or code enforcement staff. Impacts on the petitioners and landowners will be more operational in nature than fiscal. They will not be asked to provide additional acres for the gopher tortoise preserves (beyond the current native vegetation preservation requirement). However, any project already engineered but not yet approved may need to reconfigure their site plan to accommodate these changes. For new projects, it will only be necessary to identify the gopher tortoise preserve areas at the beginning of their site planning process and work around them. The EIS provides up front information to allow the developer to identify these areas. The EAC has requested that all projects brought before them clearly identify all the areas of required preservation on their master plans. In some cases, providing for on site preservation of gopher tortoises may remove the need for the petitioners to obtain incidental take permits and thereby would reduce that associated cost to their project. This amendment requires adequate on-site gopher tortoise preservation areas, but also recognizes that in some cases, on-site preserves may not be an option. As an example, on a relatively small site (10 acres or less), with a substantial gopher tortoise population, requiring the property owner to preserve land in accordance with the formula of no more than five tortoises per acre may result in a preservation requirement that exceeds the current 15% requirement for parcels 10 acres or less in size. For this reason, as well as other reasons described below, the amendment 128 does allow for off-site relocation of tortoises (under specific criteria). Thus, the amendment does not require on-site land set-asides exceeding current preservation requirements. Since the LDC currently requires that the animals be relocated, this amendment will have no additional fiscal impact on property owners in requiring that sufficient habitat for tortoises be retained first on-site, or alternatively both on-site and off-site, and finally, under certain conditions, entirely off-site. RELATED CODES OR REGULATIONS: LDC Section 3.9.5.5.2 through 3.9.5.5.4 Amend Subsection 3. I 1.2 through 3.11.4 as follows: Sec. 3.11.2. Purpose. The purpose of this division is to protect the species ,~+,~,4 k,, ~ F!crida game, in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern cr c) Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division [s] 3.2~ and 3.3 and 3.9 and the building code of Collier County, and until permanent guidelines and standards are adopted by Collier County, the following shall apply as interim guidelines or standards for the protection of endangered spec.i. es, threatened spe'~ie~'~d 'o~ specie,8 of special concern as prescribed by Goal 7 and associated objectives and policies, as amended, of the conservation and coastal management element of the Collier County Growth Management Plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the przje:t review ~ Planning Services Department of the deve!~pment services division Community Development and Environmental Services Division, for the management of habitat and wildlife, including measures for protection and/or rek The County sh~! consider and may utilize recommendations and letters of technical assistance of the FFWCC, and recommendations and guidelines of the USFWS, in issuing development orders on property containing endSgered and t~eatened Species and species of special concern. Such plans shall comply with current federal, state and local ordinances and policies. 3.11.3.2. Federal habitat management guidelines for the bald eagle (Haliaeetus leucocephalus) and the woodstork (Mycteria americana) in the Southeast Region, published and issued by the USFWS, shall be adopted as guidelines for minimum standards to 129 maintain or improve the environmental conditions that are required for the survival and well-being of bald eagles and woodstorks. 3.11.3.3. Until the adoption of federal guidelines for the red-cockaded woodpecker (Picoides borealis) and Florida panther (Felis concolor coryi), the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4. All protection plans shall be subject to review and approval by the project review services section of the development services department. The county may consider and utilize recommendations and letters of technical assistance of the Florida game and fresh water fish commission, and recommendations and guidelines of the USFWS, in issuing development orders on property containing wildlife species of special status. 3.11.3.4 Gopher Tortoise (Gopherus polyphemus) (1) All protected. It is expressly prohibited suc~ gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. All gopher tortoise burrows are protected and it is expressly prohibited to intentionally destroy Oi:~d one by any means, unless otherwise provided for in this section. (3) Provision is hereby made to allow personnel authorized by the Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary_ and provided for in this section. (4) When gopher tortoises (Gopherus polyphemus) are identified on site, a protection/management plan or off site relocation plan shall be submitted to the Planning Services Department of the Community Development and Environmental Services Division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where gopher tortoise protection/management plans have not been previously approved by Collier County Planning Services Staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field verified by Planning Services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if necessary_; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8) identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first 130 (5) development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in Section 3.9.5 Suitable habitat shall be defined as having the following characteristics: 1) the, presence of well drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) tvpically,: ineiud~S~ preSen~e! 6f a~ ~sting gopher to~oise popu:iationi off site relocation plans may be permitted to meet all or part of the on site gopher tortoise habitat preservation requirements under the following circumstances: a.) Where suitable habitat cannot be provided on site; or, b.) Where a property owner meets the minimum on site native vegetation preservations requirements of this code with jurisdictional wetlands and thus does not provide appropriate habitat for gopher tortoises as described above; or, c.) Where a site is less than ten acres in size and based upon the above formula, the on site preserve would exceed fifteen percent of the gross site acreage; or d.) Where in the opinion of the Community Development & Environmental Services Administrator, the requirement to provide the required on site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. The (7) (8) (9) State permit shall be obtained prior to any site improvements or gopher tortoise relocation. Where appropriate, a combination of on site preservation and off site relocation may be considered. case b~is ~d de~ityi When identifying the native vegetation preservation requirement (per Section 3.9.5) for parcels containing gopher tortoises, priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. All gopher tortoise preserves shall be platted as conservation easements, with protective covenants (3.2.9.2.10). If the project does not require being platted, such language shall be provided on the approved site development plan. When a decision is made to allow off site relocation of ¢opher tortoises, it shall still be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. When gopher tortoises are identified on platted single family lots (i.e. Golden Gate Estates or older subdivisions which were not adequately reviewed for wildlife), or when the only development order being issued is a building permit tbr a single family home, the property owner shall be responsible for 131 identifying the presence of gopher tortoises on site and protecting them. The owner shall follow guidelines, designed by the Collier County Community Development and Environmental Services Division, for protecting gopher tortoises on single family lots. (10) Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site. improvements, in accordance with the protection/management plan approved by Collier Coun _ty Planning Services Staff. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each t~fig of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. 132 ORIGIN: Community Development and Environmental Services AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE: 6:18 LDC SECTION: Division 6.3 Definitions CHANGE: Add language to definition of "dock facility" which includes the combination of dock and vessel REASON: Measurement of side yard setbacks and protrusion limits for dock facilities should specifically include the dock-and-vessel combination to prevent obstruction of waterways and encroachment into side setbacks. Current language fails to specify this combination. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Section 2.6.21. Dock facilities Dock facility.' Any structure constructed in or over a waterway for the primary purpose of mooring a boat, or any combination of such structure and the vessel it accommodates. This includes docks, walkways, piers, mooring pilings, boathouses and the like. LDC AMENDMENT/ / 133 3 1 200 ORIGIN: Community Development and Environmental Services Division AUTHOR: Ronald F. Nino, AICP, Current Planning Manager Susan Murray, AICP, Chief Planner DEPARTMENT: Planning Services LDC PAGE: 6:25 LDC SECTION: Division 6.3 Definitions CHANGE: Add language to definition of "floor area ratio" for clarification purposes. REASON: To further clarify and explain the definition and relationship ofa building's gross square footage to the land area on which it is located. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC Sections for the C-1 through C-5 zoning districts. Floor area ratio (FAR).' Tk ..... cm~ ~, ..... ~c~ 'k~' k..:~:~ :o ~o~,ed Means a measurement of the intensity ofbuildine development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross land area. Floor example, a floor area ratio of 1.0 means one (1) square foot of building may be constructed for each square foot of lot area. The gross floor area of a building clearly designed for parking shall not be included in the floor area ratio calculation. LDC AMENDMENT/ / 134 HAY 31 2000 ORIGIN: Community Development and Environmental Services Division AUTHOR: Michelle Edwards Arnold, Code Enforcement director DEPARTMENT: Code Enforcement LDC PAGE: LDC6:14 LDC SECTION: 6.3 CHANGE: Modify definitions of"Commercial Equipment" and "Commercial Vehicle" REASON: The Current definitions defeat the intent of the related ordinance, additionally the proposed amendment is more descriptive. As written, large vehicles and trailers utilized for personal use are unrestricted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ord. 91-102 Sec. 2.6.7..3.1 Commercial equipment: Any equipment commonly used in a commerci.al business, regardless if said equipment is actually owned or utilized by a business. Commercial equipment shall include the following: earth moving equipment, landscaping equipment, lawn mowers (push type or tractor), tillers, ladders, pipes, spools of electric type wiring or cable, portable pumps, portable generators, pool cleaning equipment and supplies, any trailer not recreational in nature (flat-bed, stake-bed, or fully enclosed), in addition to any other equipment of similar design or function. (See section 2.6.7) Commercial vehicle: Any vehicle used in conjunction with a commercial or business activity.-: or possessing the fo!lowinq characteristics: Any motor vehicle not recreational in nature having a rated load capacity of greater than one ton, exceeding 7.5 feet in height, 7.0 feet in width, and/or 25 feet in length. The display of lettering or a similar sign upon a vehicle shall not in and of itself make a vehicle commercial. 135 MAY 1 2( ORIGIN: Community Developmere and Environmental Services Division AUTItOR: Ronald F. Nino, AICP, Currein Planning Manager DEPARTMENT: Planning Services LDC PAGE: none LDC SECTION: Division. 6.3 Defmitions CItANGE: Add definition for Destination Resort Hotels. REASON: To support separate FAR (floor area ratio) for Destination Resort Hotels.. FISCAL & OPERATIONAL IMPACTS: None~ RELATED CODES OR REGULATIONS: LDC Sections for the C~4:; C,15 and RTzoning ~'~tricts. 136