notice of intent to enact a lee county ordinance

11/15/2016

notice of intent to enact a lee county ordinance

When: Tuesday, November 15, 2016
9:30 am


Where: County Commissioners' Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida

Notice is hereby given that the Board of County Commissioners of Lee County, Florida will consider the enactment of a county ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapter 125, Florida Statutes.  A description of the proposed county ordinance is as follows:

AN ORDINANCE AMENDING THE LEE COUNTY LAND DEVELOPMENT CODE, CHAPTERS 2, 6, 10, 14, 22, 30, 32, 33, 34, APPENDIX I TO DELETE  ESTERO PLANNING COMMUNITY MAPS, APPENDIX C TO UPDATE SWFIA AIRPORT NOISE ZONE MAP, APPENDIX D TO PROVIDE A LISTING OF AIRPORT/HELIPORT REVIEW ZONES AND APPENDIX K TO UPDATE THE ROAD IMPACT FEE BENEFIT DISTRICTS MAP. THE PROPOSED AMENDMENTS WILL: UPDATE THE PROPORTIONATE SHARE PAYMENT PROCESS CONSISTENT WITH STATE STATUTE; REMOVE THE ESTERO PLANNING COMMUNITY REGULATIONS; ALLOWS FOR ADDITIONAL USES WITHIN THE NORTH FORT MYERS PLANNING COMMUNITY; MOVE THE SAN CARLOS ISLAND COMMUNITY REGULATIONS TO CHAPTER 33; CHANGE THE NOTIFICATION PROCEDURE FOR AIRPORT NOISE ZONES; ADD A REVIEW PROCESS FOR PROPERTIES LOCATED IN HELIPORT/AIRPORT REVIEW ZONES; ALLOW FOR FLAT ROOF CANOPIES FOR AUTOMOTIVE SERVIEW STATIONS; ALLOW STORAGE CONTAINERS TO BE STORED WHERE OPEN STORAGE IS PERMITTED; KEEP THE LDC CONSISTENT WITH THE RECENT CHANGES IN THE FLORIDA STATUTES; CLARIFY AND REVISE EXISTING TEXT; AND ELIMINATE REDUNDANT TEXT.

THE SPECIFIC LDC PROVISIONS THAT WILL BE AMENDED/ADDED ARE: SEC. 2-45 (DEFINITIONS); Sec. 2-46 (Concurrency certification); Sec. 2-66 (Purpose and intent); Sec. 2-67 (Findings); Sec. 2-68 (Applicability); Sec. 2-69 (General requirements); Sec. 2-70 (Intergovernmental coordination); Sec. 2-71 (Application process); Sec. 2-72 (Determining proportionate fair-share obligation); Sec. 2-73 (Impact fee credit for proportionate fair-share mitigation); Sec. 2-74 (Proportionate fair-share agreements); Sec. 2-75  (Appropriation of fair-share revenues); Sec. 2-76 (Cross jurisdictional impacts); Sec. 2-268 (Benefit districts established); Sec. 2-351(Refund of fees paid); Sec. 6-117 (Improvements or repairs not requiring a permit); Sec. 10-1 (Definitions); Sec. 10-104 (Deviations and variances); Sec. 10-154 (Additional required submittals); Sec. 10-383 (Interpretation of division); Sec. 10-384 (Minimum standards for all developments); Sec. 10-414 (Submittal requirements); Sec. 10-415 (Open space); Sec. 10-416  (Landscape standards); Sec. 10-418  (Surface water management systems); Sec. 10-419 (Alternate landscape betterment plan); Sec. 10-420 (Plant material standards); Sec. 10-716 (Piping materials for use in right-of-way); Sec. 12-118 (Monitoring requirements; inspections); Sec. 14-1 (Planning community regulations); Sec. 14-293 (Permits required); Sec. 14-294 (Site plan review); Sec. 14-295 (Compliance enforcement); Sec. 22-102 (Regular certificate of appropriateness); Sec. 22-103 (Special certificate of appropriateness); Sec. 22-106 (Archaeological sites and districts); Sec. 22-203 (Required notices; action by historic preservation board); Sec. 30-56 (Planning community regulations); Sec. 30-151 (Temporary signs); Sec. 30-153 (Permanent signs in commercial and industrial areas); Sec. 32-241 (Lot types allowable in each transect zone); Sec. 32-243 (Property development regulations); Sec. 32-502 (Application requirements); Sec. 33-1431 (Model homes); Sec. 33-1596 (Use regulations); Sec. 33-1602 (Electronic Changing  Message Centers); Sec. 33-1742 (Purpose and intent); Sec. 33-1743 (Elements of the redevelopment overlay district); Sec. 33-1744 (Modified land development regulations, the master plan); Sec. 34-2 (Definitions); Sec. 34-6 (Compliance with specific planning community requirements); Sec. 34-145 (Functions and Authority Hearing Examiner); Sec. 34-202 (General submittal requirements for applications requiring public hearing); Sec. 34-204 (Submittal requirements for Administrative Action applications); Sec. 34-210 (Temporary use permits); Sec. 34-622 (Use activity groups); SEC. 34-625 (OUTDOOR LIGHTING STANDARDS); Sec. 34-691 (Purpose and intent); Sec. 34-715 (Property development regulations table); Sec. 34-813 (Use regulations table); Sec. 34-844 (Use regulations table); SEC. 34-903 (USE REGULATIONS TABLE); Sec. 34-933 (Permitted uses); Sec. 34-934 (Use regulations table); Sec. 34-1001 (Applicability); Sec. 34-1004 (Airport Noise Zones); Sec. 34-1014 (Applicability); Sec. 34-1015 (Definitions); Sec. 34-1016 (Heliport/Airport Review Zones); Sec. 34-1177 (Accessory apartments); Sec. 34-1261 (Definitions); Sec. 34-1264 (Sale or service for on-premises consumption); Sec. 34-1292 (Horses and other equines); Sec. 34-1352 (Display, sale, rental or storage facilities for motor vehicles, boats, recreational vehicles, trailers, mobile homes or equipment); Sec. 34-1353 (Convenience food and beverage stores, automotive service stations, fast food restaurants, and car washes); Sec. 34-1354 (Variances or deviations); Sec. 34-1414 (Continuing care facilities); Sec. 34-1494 (Density equivalents); Sec. 34-2019 (Other use of parking lots); Sec. 34-2020 (Required parking spaces); Sec. 34-2479 (Sound systems); Sec. 34-3042 (Carnivals, fairs, circuses and amusement devices); Sec. 34-3050 (Temporary storage facilities); Sec. 34-3051 (Temporary use of RV(s); Sec. 34-3105 (Use of vehicles, truck trailers, or shipping containers for storage for non-agricultural purposes); Sec. 34-3272 (Lot of record defined; general development standards).

There will be two public hearings held on two separate dates in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida.  The first public hearing will be held on Tuesday, the 18th day of October, 2016, at 5:00 p.m., or as soon thereafter as can be heard.  The second public hearing will be held on Tuesday, the 15th day of November, 2016, at 9:30 a.m., or as soon thereafter as can be heard.  

Copies of this Notice and the proposed ordinance are available for inspection during regular business hours at Lee County Administration located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida.   

Interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

A verbatim record of the proceeding will be necessary to appeal a decision made at this hearing.  Contact Lee County Administration at 239-533-2221 for further information on obtaining a record.

In accordance with the Americans with Disabilities Act, reasonable accommodations will be made upon request. Contact Lee County Administration at 239-533-2221.

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