Ordinance 2013-32 s.;
ORDINANCE NO. 13 - 32
I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND-C
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIE
COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, -
ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,L 11
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ;.` °
FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.08
ARCHITECTURAL AND SITE DESIGN STANDARDS, TO ALLOW
OUTPARCELS AND FREESTANDING BUILDINGS WITHIN A
PLANNED UNIT DEVELOPMENT (PUD) AN EXCEPTION TO THE '
PRIMARY FACADE REQUIREMENTS FOR THE "BACK" OF THE
BUILDING, AND TO ALLOW PUDS WITH A COMMERCIAL
COMPONENT TO USE THE ALTERNATIVE ARCHITECTURAL
REVIEW PROCESS; SECTION TWO, CONFLICT AND SEVERABILITY;
SECTION THREE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION FOUR, EFFECTIVE DATE.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, the LDC may not be amended more than two times in each calendar year
unless additional amendment cycles are approved by the Collier County Board of
Commissioners pursuant to Section 10.02.09 A. of the LDC; and
WHEREAS, this amendment to the LDC is the first amendment for the calendar year
2013; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold an advertised public hearing on the date noted herein, and did take action concerning this
amendment to the LDC; and
Page 1 of 5
Words are deleted, words underlined are added
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 etseq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: AMENDMENTS TO SECTION 5.05.08 ARCHITECTURAL AND SITE
DESIGN STANDARDS
Section 5.05.08, Architectural and Site Design Standards, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
5.05.08 Architectural and Site Design Standards
* * * * * * * * * *
* * *
C. Building design standards.
* * * * * * * * * *
* *
9. Outparcels and freestanding buildings within a PUD and common ownership
developments.
a. Purpose and intent. To provide unified architectural design and site planning for
all on-site structures, and to provide for safe and convenient vehicular and
pedestrian access and movement within the site.
b. Facades standards. All facades must meet the requirements of 5.05.08.C.5,
Project standards.
Primary facades. All exterior facades of freestanding structures,
including structures located on outparcels, are considered primary
facades- and must meet the requirements of this sSection with respect to
the architectural design treatment for primary facades - sSection 5.05.08
C.2. Primary façade standards, except for those facades considered
secondary facades.
ii. Secondary facades. One facade of a freestanding structure, including
structures located on outparcels, that is internal to the site and that
does not abut or face public or private streets adjacent to the
development. Outparcels and freestanding buildings are allowed one
secondary facade.
Page 2 of 5
Words st+uC4i-thfeu-g4i are deleted, words underlined are added
c. Design standards. The design for freestanding buildings must employ
architectural, site and landscaping design elements integrated with, and common
to those used on the primary structure and its site. These common design
elements must include colors, building materials, and landscaping associated
with the main structure. All freestanding buildings must provide for vehicular
and pedestrian inter-connection between adjacent outparcels or freestanding
sites and the primary structure.
d. Primary façade standards. The following design features are in addition to the list
of requirement options to meet sSection 5.05.08 C.2. Primary facade standards:
Walls expanding the design features of the building, not less than 7 feet
high, creating a courtyard not less than 12 feet from the building and
length of no less than 60% percent of the length of the associated
facade. The courtyard may be gated and able to be secured from exterior
public access. Grilled openings are allowed if courtyard is landscaped.
Opening depths or wall terminations must be a minimum of 12 inches
deep. If the courtyard contains service or utility equipment, the height and
design must prevent view from the exterior. Courtyard walls are not to be
considered fences.
ii. Trellis or latticework used as a support for climbing plants may count as
window area equal to the plant coverage area.
* * * * * * * * * * * * *
F. Deviations and Alternate Compliance. The following alternative compliance process is
established to allow deviations from the requirements of this Ssection as approved by
the County Manager or his designee.
1. Review and approval procedure. Upon request by the applicant, the County
Manager or his designee may administratively approve a Site and Development
Plan application that includes an alternative architectural design and site
development plan that may be substituted in whole or in part for a plan meeting
the standards of Ssection 5.05.08. Approved deviations are allowed only as to
the specific design and plan reviewed. Any modification to an approved design
shall necessitate re-review and approval by the County Manager or his designee.
2. Review criteria. In approving an alternative plan, the County Manager or his
designee must find that the proposed alternative plan accomplishes the purpose
and intent of this Ssection in the same manner as the provisions would. If the
plan is approved through this provision, the Site Development Plan approval
letter shall specifically note the deviations and the basis for their approval.
3. Submittal requirements. In addition to the base submittal requirements,
applicants must provide the following:
a. Architectural design plan and/or site development plan clearly labeled as
an "Alternative Architectural Design Standards Plan". This plan must
identify the section numbers from this Ssection from which the deviation
is being requested.
b. A narrative statement that specifically identifies all standards of Ssection
5.05.08 from which the deviations are requested, and the justification for
the request. This statement must include a description of how the
alternative plan accomplishes the purpose and intent of this Ssection,
without specifically complying with those standards identified.
4. Applicability.
a. The following types of buildings and uses qualify for an administrative
determination of deviations from Ssection 5.05.08- development
standards:
Page 3 of 5
Words stFuslk-through are deleted, words underlined are added
i. Assembly,
ii. Educational,
iii. Institutional,
iv. Mixed use buildings (such as commercial/residential/office), and
v. Any other non-commercial building, or use, that is not listed under
Ssection 5.05.08 D. Design standards for specific building types of
this Ssection, and due to its function, has specific requirements
making meeting Ssection 5.05.08:standards unfeasible.
vi. Buildings located on property with a commercial zoning
designation when submitted for Site Development Plan review erg
or-after-November-14r 20021T except for the following:
alb) Buildings with a gross building area of 10,000 square feet
or more on the ground floor.
12x3 Multi-story buildings with a total gross building area of
20,000 square feet or more.
PA) Project sites with more than one building where the
aggregate gross building area is 20,000 square feet or
more. Individual buildings within a project site that have
been previously granted deviations where additional
development causes an aggregation of building area
20,000 square feet or greater, must bring existing
buildings up to the requirements of 5.05.08.
* * * * * * * * * * * *
SECTION TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding Section not affect the validity of
the remaining portion.
SECTION THREE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
Page 4 of 5
Words struck-thfeugh are deleted, words underlined are added
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State,
Tallahassee, Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this I day of MIL. \ , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By: `w � �I% By:
Attest as to Chairman s;D: . ty! -rk GEOR 'y .TILLER, ESQ., Chairwoman
signattlre,only.
Approved as#g,fgrn,rbnd
legal sufficiency:
t�� (Jig "itl ‘u
H idi Ashton-Cicko, Esquire �'
Managing Assistant County Attorney
04-CMD-01077,-1043
This ordinance filed with the
Secretary of State's Office the
itilt.day of_;Mal 201?,
and acknowledgement of that
film• received this .2.Z' day
of LA.. 2013
By f+ • 4
Delp` lent —
Page 5 of 5
Words styek threes are deleted, words underlined are added
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-32
which was adopted by the Board of County Commissioners
on the 14th day of May, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day of May, 2013 .
DWIGHT E. BROCK c41 .r
•Clerk of Courts ' ele 'k ' .
Ex-officio to .it454er"t f ' . : _
County Commissl'orf
/,
By: Martha Verga ,a,
Deputy Clerk