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CCPC Agenda 07/18/2013 RCCPC MEETING AGENDA JULY 18, 2013 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JULY 18, 2013, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES -May 16, 2013 and June 6, 2013 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS A. PUDA- PL20130000141: Tuscany Pointe RPUD (formerly known as the Boxwood RPUD), an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2007 -55, the Boxwood RPUD, by changing the name of the Residential Planned Unit Development from Boxwood RPUD to Tuscany Pointe RPUD; by reducing the maximum dwelling units from 207 to 120; by eliminating the affordable housing density bonus and deleting/terminating the density bonus agreement; by revising the development standards; by deleting Exhibit "C ", the existing Master Plan, and approving a new Master Plan; by revising Developer Commitments; by deleting Exhibit "C -1 ", ROW Cross Section, and approving a new Exhibit "C -1 "; by deleting Exhibit C -2, RPUD North and East Property Cross Section and adding a new Exhibit C -2 entitled North and East Landscape Buffer Plan; by adding Exhibit "C -3 ", Typical Lot Layout; by revising the deviations; by revising the developer commitments; by deleting Exhibit "G ", Conceptual Topographical Cross Section, and approving a new Exhibit "G ", for the RPUD located east of Collier Boulevard (CR 951) and north of Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 30f acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS 11. NEW BUSINESS A. Informational Update on the 2014 Evaluation and Appraisal Review (EAR), including proposed Evaluation and Appraisal Notification letter to the Florida Department of Economic Opportunity (DEO). [Coordinator: Corby Schmidt, AICP, Principal Planner] B. To present the Administrative Code for Land Development Regulations and associated LDC Amendments for review by the Planning Commission. The presentation will include types of amendments and how the Administrative Code is composed. [Coordinator: Caroline Cilek, Sr. Planner] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. PLANNING COMMISSIONER COMMENTS 15. ADJOURN CCPC Agenda/Ray Bellows /jmp AGENDA ITEM 9 -A Co i`er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: JULY 18, 2013 SUBJECT: PUDA- PL20130000141, TUSCANY POINTE RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) PROPERTY OWNER & APPLICANT: AGENT: Lynx Zuckerman at Naples, LLC Mr. Robert J. Mulhere, FAICP 6131 Lyons Road, Suite 200 Hole Montes, Inc. Coconut Creek, FL 33073 950 Encore Way Naples, FL 34110 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application for an amendment to Ordinance Number 2007 -55, the Boxwood RPUD, by changing the name of the Residential Planned Unit Development from Boxwood RPUD to Tuscany Pointe RPUD; by reducing the maximum dwelling units from 207 to 120; by eliminating the affordable housing density bonus and deleting/terminating the density bonus agreement; by revising the development standards; by deleting Exhibit "C ", the existing Master Plan, and approving a new Master Plan; by deleting Exhibit "C -1 ", ROW Cross Section, and approving a new Exhibit "C -1 "; by deleting Exhibit C -2, RPUD North and East Property Cross Section and adding a new Exhibit C -2 entitled North and East Landscape Buffer Plan; by adding Exhibit "C -3 ", Typical Lot Layout; by revising the Deviations, by revising the Developer Commitments; by deleting Exhibit "G ", Conceptual Topographical Cross Section, and approving a new Exhibit "G;" and by providing an effective date. (Please see Attachment A: Proposed RPUD Ordinance.) GEOGRAPHIC LOCATION: The subject 30.46 + /- acre Planned Unit Development is located on the east side of Collier Boulevard (CR 951) and 1/4 mile north of Vanderbilt Beach Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. (See the Location Map on page 2.) TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 1 of 16 QUAIL I HERITAGE BAY k�m!. CREEK TEWNA WRASOL (DRO 17 16 15 14 13 1e DA WNCI ESTATES IN LONGSH OLDE CYPRESS LAKE MIRASOL 2D 21 22 23 HERITAGE (Ofll) BAT 24 OLDE(� flE55 � 19 ADDIE'S CORNER NAPLES4MMOKALEE ROAD (CA. 846) ewr .1 RICIILANO CREW PRESwVE TUSCANY VCOW T 29 - ] GA 26 26 25 HABITAT 27 ESTATES UNIT 97 HERITAGE INCAS GREENS CRYSTAL LAKE NOODDREST 30 mGO LAKES BRITTANY BAY APARTMENTS WARM SPNNGS BRISTOL BUTTaMVOD PINES PRESERVE PALERMO SUN NT PUCE ISIANDWALK IN NAPLES (DRI) G VANDERBILT PROJECT 32 33 tout COUNTRY CLUB GOLDEN GA 35 LOCATION 31 ESTATES UNIT 96 B qyp WOLF CREEK 36 VANDERBLL7 BEACH ROAD LpSgpN N4L4 BUCKS RUN MISSION CHURCH PRCNM CAROLINA NLLACE VINEYARDS (DRI) 5 0 4 3 2 1 6 GOLDEN GATE GOLDEN CATS ESTATES OD GOLDEN LATE ESTATES GOLDEN GATE ESTATES GOLDEN GATE ESTATES ESTATES UNIT 2 UNIT 3 UNIT 6 LINT 7 UNIT 95 GOLDEN DATE BOULEVARD U MNEYARDS (ow) 11 2 7 6 9 10 GOLDEN QAIE ESTATES GOLDEN GATE ESTATES GOLDEN DATE ESTATES GOLDEN GATE G0.0EN GATE ESTATES UNIT 1 UNIT 4 UNIT 5 UNIT B ESTATES UNIT 32 PINE RIDGE ROAD WHITE BOULEVARD (C.R. 896) �.S 17 16 15 GOLDEN GATE ESTATES EN GA m GOLDEN GATE GOLDEN GATE ESTATES UNIT 27 73 ESTATES ESTATES UNIT 26 14 GOLDEN GA1E ESTATES 16 UNIT 33 UNIT 34 PP SUNDATE LINT 15 GOLDEN CAIE ESTATES CENTER UNIT 194 GREEN BOULEVARD LOCATION MAP RPUD W 1l1 W E�.10 11111 =�� X34 r on I I k�m!. PETITION # PUDA - PL. - 2013 -141 PUD v.AOQNLr 9wxTBr aw ZONING MAP L II 1 1 11 11 1 VANDERBILT COUNTRY CLUB P U D '-10' BUFFER TYPE 'A BUCKS RUN BUCKS RUN MPUD MPUD MAXIMUM DENSITY MAXIMUM DENSITY - 120 DWELLING UNITS I . aye ENHANCED NORTH PERIMETER LANDSCAPE BUFFER ADJACENT 4cS�> TO VANDERBILT COUNTRY CLUB LOTS 18.43 ACRES 3 60.5% PER `-____________ __________ ______________ .-_____________ ________________ EXHIBIT C -2 _____ -- ____ __ _______- \ \ \ LAKE 6.10 ACRES f 20.0% NOTE: CANAL EASEMENT 0.77 ACRES t 2.6% SINCE THIS IS A SINGLE FAMILY DEVELOPMENT NTH PERIMETER BUFFERS 1.01 ACRES f I INDIVIDUAL DRIVEWAYS AND GARAGES, BACKING r a w — LAKE 3 t - - — `20 WjpE�LJQSfAPE BUFFER— --- --- — l I II TRACT USE TABLE WATER j TRACT'R' too 0 100 200 WATER MANAGEMENT (LAKES) 6.10 ACRES f 20.0% LOCATION AND MAY BE ADJUSTED. - d-- ---- ----- ------------- - - I� - -�I MAN T I I i I Si i IWI VANDERBILT TOTAL SITE s A I I I ! I ioi COUNTRY CLUB OPEN SPACE REQUIRED 60% - 18.28 ACRES m OPEN SPACE PROVIDED - I j LAKE 2 I I P U D I I I 10' BUFFER TYPE 'A' o II I I WATER MANAGEMENT TRACT I I I I ca 1 li �� °�� i iI I _ _ TRACT'R' I I TRACT'R' I --� I I ENHANCED EAST PERIMETER I 1 LANDSCAPE BUFFER (20' WIDE) I ADJACENT TO VANDERBILT - V - _ — LAKE 1 ` - - - -- ----- --- -- --- --- I I I I I COUNTRY CLUB PER EXHIBIT C -2 �z�LL WATER MANAGEMENT ----------------------- 10.1 tail mt ! TRACT o� TRACT'R' TRACT'R' I 1 i�---------------------- - - - -1- - __--------- - - - - -� '-10' BUFFER TYPE 'A BUCKS RUN BUCKS RUN MPUD MPUD MAXIMUM DENSITY MAXIMUM DENSITY - 120 DWELLING UNITS LAND USE TABLE LOTS 18.43 ACRES 3 60.5% RIGHT -OF -WAY 4.15 ACRES ± 13.6% LAKE 6.10 ACRES f 20.0% NOTE: CANAL EASEMENT 0.77 ACRES t 2.6% SINCE THIS IS A SINGLE FAMILY DEVELOPMENT NTH PERIMETER BUFFERS 1.01 ACRES f 3.3% INDIVIDUAL DRIVEWAYS AND GARAGES, BACKING TOTAL SITE 30.46 ACRES f 100.0% ONTO A STREET IS ALLOWED (INCLUDING GUEST PARKING). TRACT USE TABLE INTERCONNECTION TO THE NORTH IS CONCEPTUAL IN too 0 100 200 WATER MANAGEMENT (LAKES) 6.10 ACRES f 20.0% LOCATION AND MAY BE ADJUSTED. SCALE IN FEET RESIDENTIAL (TRACT 'R') 23.59 ACRES f 77.4% CANAL EASEMENT 0.77 ACRES t 2.6% TOTAL SITE 30.46 ACRES t 100.0% OPEN SPACE OPEN SPACE REQUIRED 60% - 18.28 ACRES OPEN SPACE PROVIDED - 18.28 ACRES (MINIMUM) — R.J.M. 0212013 950 E—e Wey vvaHa xa rna ,a. REN'ED PER CIXLER CWNtt COMMENTS a / Ore TUSCANY POINTS �A LJY JoN o M, Rim N: (239 254 -2000 RPUD CONCEPTUAL MASTER PLAN m ' 4112PUD 4726-1 REVISED PER LOWEA C- COMMENTS '/10/13 M rz Ph00':(239)254-2000 e0d0i N0 al¢T NO REMSED PER cowER cWNtt couMENrs +/xe/1' R.. D +o HOLE MONTE$ FlOrlda CartlNcaie of EXHIBIT 'C' ENGRHEI64UNNERSSURJEYOAS AuthorizatbnNo.1772 "n P2004.112 1 EXHIBIT C PURPOSE/DESCRIPTION OF PROJECT: The subject site was rezoned from Rural Agriculture (A) to Residential Planned Unit Development (RPUD) in Ordinance Number 07 -55, the Boxwood RPUD, on June 26, 2007. (Please see Attachment B: Ordinance Number 07 -55.) This ordinance allowed for a maximum of 207 dwelling units including affordable housing by utilizing a Density Bonus Agreement. The petitioner is seeking to remove affordable housing by eliminating the affordable housing density bonus and terminating the Density Bonus Agreement. The petitioner also seeks to reduce the maximum number of dwelling units from 207 to 120. The original PUD (Planned Unit Development) Master Plan had a designated recreational area, a designated preserve area, a 100 -foot separation from the north property line, and a wall along the north and east property line. The petitioner seeks to designate the recreational area at the time of the first subdivision plat or Site Development Plan, to have the option of a preserve area either on- site or to mitigate off -site, and to remove the 100 -foot separation and wall along the north property line. In addition to changing the project name from Boxwood RPUD to Tuscany Pointe RPUD, the petitioner proposes the following amendments: PUD Exhibit A "Allowable Uses:" • Remove the multi - family use. • Remove the recreated preserve. • Allow for on -site preservation or off -site preservation in accordance with the Collier County Land Development Code (LDC) • Reduce the maximum number of dwelling units from 207 to 120. PUD Exhibit B "Residential Development Standards:" • The multi - family development standards have been removed. • The footnote regarding the 100 -foot separation from Vanderbilt Country Club along the northern property line has been removed. • A footnote regarding accompanying 5 -foot side yard setbacks has been added. PUD Exhibit C "Conceptual Master Plan:" • A revised Conceptual Master Plan (Exhibit C) has been inserted. • Exhibit C -2 "RPUD North and East Property Cross Section" has been removed and replaced with a new "Exhibit C -2: Tuscany Pointe North and East Perimeter Landscape Buffers Adjacent to Vanderbilt Country Club." • Exhibit C -3 "Typical Lot Layout" has been added. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 4 of 16 PUD Exhibit D "Legal Descri tp ion:" • The acreage has been corrected from 29.69 + /- acre to 30.46 + /- acres. The canal easement acreage was previously not included in the acreage and legal description.. PUD Exhibit E "List of Requested Deviations from the Land Development Code:" • Deviation 2 regarding a reduced drainage easement width has been added. PUD Exhibit F "Developer Commitments:" • Language stating that "Access points shall be determined at time of subdivision Plat or SDP approval in accordance with the Collier County Access Management Plan" has been added. • The commitment to widen Collier Boulevard to 6 lanes has been removed as the road has been widened to 6 lanes. • A commitment to reserve well easements has been removed. (There is no longer a requirement to reserve well easements). • A Maintenance Agreement between Bucks Run and the subject property has been removed. • The affordable housing commitment has been removed. • An off -site preservation option has been added. • "Managing Entity" language has been added to clarify who is responsible for PUD monitoring. • A commitment to locate the recreational building and facilities on the first subdivision plat or Site Development Plan prior to the sale of any platted lots or condominium units has been added. PUD Exhibit G "RPUD Conceptual Topographical Cross Sections•" • Exhibit G "RPUD Conceptual Topographical Cross Sections:" has been deleted and a new Exhibit G "RPUD Conceptual Topographical Cross Sections" depicting revised elevations has been inserted. In addition, the "Agreement Authorizing Affordable - Workforce Housing Density Bonus and Imposing Covenants and Restrictions on Real Property" has been deleted. A Termination Agreement has been added in its place. (See Attachment C: Termination Agreement). The petitioner is seeking to construct the previously approved single - family, single - family attached, townhouse, two - family, patio and zero lot line dwelling units. The proposed maximum building height is the same as what was previously approved: 25 feet zoned height and 35 feet actual building height. The subject site proposes a 20 -foot wide Type B landscape buffer along the north and east property lines that are shared with Vanderbilt County Club. (See Exhibit C -2.) In addition, a 6 -foot high wall is proposed along the northern and eastern property lines. A 10 -foot wide Type A landscape buffer is proposed along the south property line that is adjacent to Buck's Run as well as along the north and west property lines that are adjacent to the Agricultural zoned parcel. A 20 -foot wide Type D landscape buffer is proposed along Collier Boulevard. There is a future shared access point to the undeveloped property to the north. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 5 of 16 SURROUNDING LAND USE AND ZONING: North: Vacant, undeveloped land with a zoning designation of Rural Agriculture (A), and then a golf maintenance facility and single - family residences with a zoning designation of Vanderbilt Country Club PUD, a 320 + /- acre residential golf course community with a density of 2.5 units per acre. East: Multi - family residences with a zoning designation of Vanderbilt County Club PUD, a 320 + /- acre residential golf course community with a density of 2.5 units per acre. South: Preserve and single - family residences with a zoning designation of Bucks Run MPUD (Mixed -use Planned Unit Development), a 39.06 + /- acre MPUD with a density of 2.5 units per acre. West: Collier Boulevard (CR 951), a 6 -lane arterial road and then Sonoma Oaks MPUD, an undeveloped 37.5 + /- acre MPUD with a density of 4 units per acre. AERIAL PHOTO TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 6 of 16 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban — Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (by a variety of unit types) at a base density of four (4) residential units per gross acre, plus any applicable and requested density bonuses, and recreation and open space uses. Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning staff recognizes that virtually all of the proposed PUD revisions are related to LDC regulations, not GMP provisions. Compatibility determination is left to Zoning Services staff as part of their review of the petition in its entirety. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following FLUE policies shall be implemented for new development and redevelopment projects, where applicable. Each policy is followed by staff analysis in (bold text). Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The applicant's response to this Evaluation Criteria states: "The master plan achieves this objective." Acknowledged. The proposed PUD is accessed by Collier Boulevard (C.R. 951), which is an arterial road according to the Transportation Element and therefore consistent with this Policy. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The applicant's response to this Evaluation Criteria states: "The master plan achieves this objective." Acknowledged. A loop road is depicted on the conceptual RPUD Master Plan. Policy 73: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The applicant's response to this Evaluation Criteria states: "The master [plan] achieves this objective to the extent possible and feasible." Acknowledged. The proposed PUD does not depict interconnecting access to Buck's Run MPUD to the south of the subject property, nor TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 7 of 16 does it indicate interconnecting access to the Vanderbilt Country Club PUD to the north and east of the subject property. With regard to the Vanderbilt Beach Country Club PUD property located adjacent to the north and east of the subject property — an interconnection is not feasible due to being an established gated community. With regard to Buck's Run MPUD to the south of the subject property — an interconnection is not feasible due to recently being platted with uninterrupted residential lots along the shared boundary. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The applicant's response to this Evaluation Criteria states: "This is a relatively small single - use (residential PUD). While it is designed to be walkable, there is no provision for civic facilities and a relatively small size and scope will likely reduce the significant range of housing prices and types. Housing types and prices will reflect current market conditions and will be similar in nature to those that exist on the adjacent residential projects." Acknowledged. This PUD provides more than 60 percent open space that includes a "recreation area" and "lakes, preserves, grass and landscape areas, sidewalks, and (a) pool and pool deck," as depicted on Exhibit "C" the Tuscany Pointe Conceptual Master Plan. Based upon the above analysis, Comprehensive Planning Section Staff finds the proposed PUD amendment consistent with the FLUE. Transportation Element: Transportation Planning Staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5 -year planning period. Therefore, the subject application can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Collier Boulevard (CR 95 1) Impacts• The first link that is impacted by this project is Link 30.1, Collier Boulevard (CR 951) from Vanderbilt Beach Road to Immokalee Road (CR 848). The project generates 6 net new directional p.m. peak hour, peak direction trips, which represents a 0.2 percent impact. This segment of Collier Boulevard currently has a remaining capacity of 1,067 trips, and is currently at LOS "C" (Level of Service "C ") as reflected by the 2012 AUIR (Annual Urban Inventory and Review). No subsequent links beyond this segment of Collier Boulevard are significantly impacted by this project. Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the CCME. Based upon the above analysis of FLUE policies, and the analysis of proposed uses, Comprehensive Planning staff finds the proposed CPUD to be consistent with the FLUE. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 8 of 16 ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings "), and Subsection 10.03.05.I, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings "), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis." In addition, Staff offers the following analyses: Environmental Review: Environmental Services Staff reviewed this petition and the petitioner's request to relocate the required on -site preserve off -site in accordance with LDC section 3.05.07.H. Lf.i.k. Staff has found that the property meets the criteria for off -site vegetation retention. In addition, Staff reviewed the land donation proposal that was submitted to Conservation Collier and found it consistent with the criteria contained in LDC section 3.05.07.H. Lf.iii.b). The land donation proposal was also reviewed by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) and they voted unanimously to recommend acceptance of the proposed donation. The acceptance of the land donation is subject to BCC (Board of Collier County Commissioners) approval. The land donation acceptance will be a companion item to the Tuscany Pointe RPUD land use petition at the BCC hearing. Transportation Review: Transportation Staff has reviewed this petition and recommends approval subject to the Development Commitment that the project access remain in its current location and subject to installation of a northbound right turn lane to serve the proposed land use. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval subject to the Development Commitment contained in Exhibit "F" of the proposed RPUD document. Affordable Housing Review: The Housing, Human Services and Veteran Services (HHVS) Staff has no objection to developer's request to remove affordable housing from its PUD, as previously approved. Currently, there is no requirement to construct affordable housing within a PUD. Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The petitioner is reducing the number of units from 207 units (at a density of 7 dwelling units per acre (du/a) to a maximum of 120 dwelling units (at a density of 4 du/a) and removal of the allowance to build multi - family units. The surrounding developed area, north, south and east, are developed with single- family and multi - family homes (Vanderbilt Country Club and Bucks Run have a density of 2.5 du/a). The proposed property development regulations would remain similar to what was previously approved. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 9 of 16 Since no increase in density is proposed, staff believes this amendment is consistent with FLUE Policy 5.4 that requires new land uses to be compatible with the surrounding area. One additional deviation from the Collier County Land Development Code (LDC) is being sought with this amendment. Please see the Deviation Discussion section of this Staff Report for further information. PUD FINDINGS: LDC Subsection 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. This is a PUD amendment. The previously approved single - family residential land uses remain and this development continues to be surrounded by similar residential development. The development to the south, Buck's Run, is developed with single - family dwellings. The development to the north and east, Vanderbilt Country Club, is developed with single - family and multi - family dwellings. The proposed single - family uses of this project will be compatible with the existing residential uses. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. Additionally, the development will be required to gain site development approval. This will ensure that appropriate stipulations for the provision of and continuing operation and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County Staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, Staff is of the opinion that this petition can be found consistent with the overall GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27. 2013 Page 10 of 16 The residential uses are compatible with the surrounding area. The single - family residential uses are not changing as part of this amendment and the single- family uses approved in the original PUD rezone were determined to be compatible. In addition, the petitioner is providing additional buffering, enhancing the screening of the proposed development. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The open space set aside for this project meets the minimum requirement of the LDC. 6 The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. All necessary improvements and facilities are already in place to serve this development. In addition, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The petitioner is seeking one additional deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06.A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulation." Please refer to the Deviation Discussion portion of the staff report for a more extensive examination of the deviation. REZONE FINDINGS: LDC Subsection 10.03.05.I. states, "When pertaining to the rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners... shall show TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 11 of 16 that the planning commission has studied and considered proposed change in relation to the following when applicable." (Staff's responses to these criteria are provided in bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Growth Management Plan (GMP). The residential use, at 4 dwelling units per acre is consistent with the all applicable elements of the Future Land Use Element (FLUE). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable. The districts are existing and established. S. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to respond to changing market conditions. 6 Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely impact the living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed amendment will not adversely impact traffic circulation. 8. Whether the proposed change will create a drainage problem. The proposed amendment will not affect drainage. Furthermore, the site is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 12 of 16 The proposed amendment will not reduce light and air into adjacent areas. The development standards such as height limitations, setbacks, open space and landscaping provisions ensure adequate light and movement of air into adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however zoning by itself may or may not affect values, since value determination is driven by market conditions. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. All of the properties adjacent to the subject site are already developed except for the Agricultural zoned property located to the north. The basic premise underlying all of the development standards in Exhibit "B" of the PUD document and the Land Development Code is that their sound application, when combined with the site development plan approval process and /or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development complies with the Growth Management Plan which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property already has a PUD zoning designation and could be developed within the parameters of that zoning ordinance; however, the petitioner is seeking this amendment in compliance with LDC provisions for such amendments. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed rezone meets the intent of the PUD district and further, believes the public interest will be maintained. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed PUD is not out of scale with the needs of the county. TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 13 of 16 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. This finding is not applicable to this project. The single - family use is already permitted on this site. 16 The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD document would require site alteration. This project will undergo evaluation relative to all federal, state, and local development regulations during the plans and platting process, SDP (Site Development Plan) process and building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities for the project. It must be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that no Level of Service will be adversely impacted. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety and welfare. To be determined by the BCC during its advertised public hearing. Deviation Discussion: The petitioner is seeking approval of one additional deviation from the requirements of the LDC. The deviation is listed in the PUD document in Exhibit E. Deviations are a normal derivative of the PUD zoning process following the purpose and intent of the PUD zoning district as set forth in LDC Section 2.03.06 which says in part: 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. PUDs .... 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.... TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 14 of 16 Deviation #2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. Petitioner's Rationale: The justification for this deviation is that piping of smaller diameter and shallow burial depth can be adequately maintained within a 10 foot -wide easement provided all installations follow OSHA and ACPA Standards. We have confirmed that there is no objection from Engineering, and this deviation has been previously granted. Staff Analysis and Recommendation: Zoning Staff recommends approval, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community" and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on May 23, 2013 at 5:30 p.m. at the Collier County Public Library at 2385 Orange Blossom Drive. Approximately 50 -60 people from the community along with the applicant, agent and County Staff attended the meeting. For further information please see Attachment D: "Summary of Neighborhood Information Meeting for Tuscany Pointe PUDA" prepared by the applicant. To date, no letters of opposition have been received and a letter of support has been received. (See Attachment E.) COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDA- PL20130000141 on June 28, 2013. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20130000141 to the Board of County Commissioners with a recommendation of approval of this amendment. Attachments: A. Ordinance B. Ordinance Number 07 -55 C. Termination Agreement D. Summary of Neighborhood Information Meeting E. Letter of Support TUSCANY POINTE RPUD, PUDA- PL20130000141 June 27, 2013 Page 15 of 16 PREPARED BY: YUNU A, 1,J �" NANCY G D H, AICP, PRINCIPAL PLANNER GROWTH AN EMENT DIVISION REVIEWED BY: RAYMOYP V. BELLOWS, ZONING N GROWT MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION 41", NICK CASA ANGUIDA, A INISTRATOR GROWTH MANAGEMENT DIVISION ,Fi i �• 2-4.IS DATE 6- 2 -�- r) DATE 7-/-/-7 DATE Tentatively scheduled for the September 24, 2013 Board of County Commissioners Meeting TUSCANY POINTE RPUD, PUDA- PL20130000141 June 21, 2013 Page 16 of 16 C AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2007 -55, THE BOXWOOD RPUD, BY CHANGING THE NAME OF THE RESIDENTIAL PLANNED UNIT DEVELOPMENT FROM BOXWOOD RPUD TO TUSCANY POINTE RPUD; BY REDUCING THE MAXIMUM DWELLING UNITS FROM 207 TO 120; BY ELIMINATING THE AFFORDABLE HOUSING DENSITY BONUS AND DELETING/TERMINATING THE DENSITY BONUS AGREEMENT; BY REVISING THE DEVELOPMENT STANDARDS; BY DELETING EXHIBIT "C", THE EXISTING MASTER PLAN, AND APPROVING A NEW MASTER PLAN; BY DELETING EXHIBIT "C- 1", ROW CROSS SECTION, AND APPROVING A NEW EXHIBIT "C- 1"; BY DELETING EXHIBIT C -2, RPUD NORTH AND EAST PROPERTY CROSS SECTION AND ADDING A NEW EXHIBIT C -2 ENTITLED NORTH AND EAST LANDSCAPE BUFFER PLAN; BY ADDING EXHIBIT "C -3 ", TYPICAL LOT LAYOUT; BY REVISING THE DEVIATIONS; BY REVISING THE DEVELOPER COMMITMENTS; BY DELETING EXHIBIT "G ", CONCEPTUAL TOPOGRAPHICAL CROSS SECTION, AND APPROVING A NEW EXHIBIT "G" FOR THE RPUD LOCATED EAST OF COLLIER BOULEVARD (CR 951) AND NORTH OF VANDERBILT BEACH ROAD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL201300001411 WHEREAS, Robert J. Mulhere, AICP of Hole Montes, Inc. representing Lynx Zuckerman at Naples LLC, petitioned the Board of County Commissioners to amend the Boxwood Residential RPUD. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Ordinance No. 2007 -55, the Boxwood RPUD, located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is hereby amended to change the name of the Residential Planned Unit Development to Tuscany Pointe RPUD in accordance with the revised Exhibits attached hereto as Exhibits "A" through "G" and incorporated by reference herein. The Tuscany Pointe RPUD Page 1 of 2 PUDA- PL20130000141— Rev. 7/01/13 Attachment A appropriate zoning atlas map or maps, as described in Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit C -1 — ROW Cross Section Exhibit C -2 — RPUD North and East Landscape Buffer Plan Exhibit C -3 — Typical Lot Layout Exhibit D — Legal Description Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments Exhibit G — Conceptual Topographical Cross Section CP \13- CPS - 01214 \43 Tuscany Pointe RPUD Page 2 of 2 PUDA- PL20130000141 —Rev. 7 /01/13 �:Ilt I pral BAN ME ALLOWABLE USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bexweed Tuscany Pointe (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the Bexweed Tuscany Pointe RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as determined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single - family detached dwellings; 2. Single - family attached dwellings; 3. Two - family patio and zero lot line; Page 1 of 16 H:\2004\2004112 \wP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc 4. Townhouse (TIT) and Faulti fiamib ; Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and clubhouse, screen enclosures, and facilities for lawn care and maintenance. The location of the recreational area is depicted on the RPUD Master Plan. 3. PRESERVE SUBDISTRICT The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. One - hundred percent of the impacted preserve areas shall be re- created on the property. In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. Twenty -five percent (1.25 acres) of this area shall be re- created as a preserve area. In summary, a total of 4.15 acres of preserve shall be required to be re- created as a preserve area. This preserve area shall be connected to the preserve area on the Bucks Run development to the south. Thus, the RPUD Master Plan requires that a minimum of 4.15 acres of preserve area be recreated onsite contiguous to the existing offsite preserve on the Bucks Run PLTD to the south; or relocated offsite in accordance with the criteria in the Land Development Code The cross sections for the =e -efeatea preserve area set- feAh in Hidii k "C" of this and tThe cross sections for the topographic profile of the fe cr-eate4 pr-esei=ve are are set forth Oil eemposite in Exhibit "G" of this Ordinance. A. Permitted Uses and Structures within the On -Site Preserve, if applicable: 1. Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; Page 2 of 16 H -.\2004\2004112 \wP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc ' M M Mn - - - � - The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. One - hundred percent of the impacted preserve areas shall be re- created on the property. In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. Twenty -five percent (1.25 acres) of this area shall be re- created as a preserve area. In summary, a total of 4.15 acres of preserve shall be required to be re- created as a preserve area. This preserve area shall be connected to the preserve area on the Bucks Run development to the south. Thus, the RPUD Master Plan requires that a minimum of 4.15 acres of preserve area be recreated onsite contiguous to the existing offsite preserve on the Bucks Run PLTD to the south; or relocated offsite in accordance with the criteria in the Land Development Code The cross sections for the =e -efeatea preserve area set- feAh in Hidii k "C" of this and tThe cross sections for the topographic profile of the fe cr-eate4 pr-esei=ve are are set forth Oil eemposite in Exhibit "G" of this Ordinance. A. Permitted Uses and Structures within the On -Site Preserve, if applicable: 1. Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; Page 2 of 16 H -.\2004\2004112 \wP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc 4. Boardwalks and trails that do not reduce the minimum amount of required vegetation to be preserved. 4. MAXEMIUM DWELLING UNITS The maximum dwelling units shall be two hundr-e aa'' s &ve one hundred and twenty 021 5. DEVELOPMENT STANDARDS The following table sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the site development plan or subdivision plat. Page 3 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc EXIMIT B FOR THE BOXWOOD TUSCANY POINTE RPUD TABLE I RESIDENTIAL (TRACT R) DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE, FAMILY ATTACHED & TOWNHOUSE TWO - FAMILY, PATIO & ZERO LOT LINE l FAACELY CLUBHOUSE/ RECREATION BUILDINGS PRINCIPAL STRUCTURES N�M LOT AREA 5500 S.F. PER UNIT 1800 S.F. PER UNIT 4500 S.F. PER UNIT 2180* S.F. PER r'T N/A N 1NIMUM LOT WIDTH IateFie -50 FEET Ekte4er- 60 FEET 30 FEET 40 FEET WA N/A NfRqIMUM FLOOR AREA 1200 S.F 1200 S.F 1200 S.F. ' n^^ z'�J. N/A MIN. FRONT YARD 23 FEET'- 23 FEET' 23 FEET' 23" FEET N/A MIN. SIDE YARD 5 FEET 0 OR 5 FEET? 0 OR 4-2 5 FEET' 0 er-'FEET- 20 FEET MIN. REAR YARD 10 FEET 10 FEET 10 FEET ' ^EET 15 FEET N". PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 10 FEET Not less than 20 feet between bldgs. Not less than 12 feet between bld s. Not less than 20 f ._t between 10 FEET MAX. BUILDING HEIGHT = wLnT TO EXCE- -DZONED 25 FEET not to exceed two stories L ight as zened bat not ta exeeed +Lift., — . feet actual height 25 FEET not to exceed withi two stories heigM as ed but not t.. twenty f;..e 25 FEET not to exceed two stories heist as zefted but net t., e ed tweRt.. F.. &e fee or— 35aetual. �Fiti-a+raciasz 25 FEET within `we stories "ei + as zened c.•,+,,,. ++ e ed twe..t„ F:..e feet her- 35fee 25 FEET not to exceed wi two stories heig but «et zened toe ed twenty five feet or 35 F t t.,.,l n°:rucisRr. exeeed feet or- 35 feet aetua MAXIMUM BUILDING 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT - ACTUAL ACCESSORY STRUCTURES FRONT 23 FEET SPS �23 FEET SPS z3 FEET- SPS �23 FEET � 23 FEET SPS SIDE SPS SPS SPS SP-9 SPS REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET ' 0ter 10 FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE N/A N/A N/A MA N/A MAX. BUMDR4&HEIGHT NOT TO EXCEED ZONED & ACTUAL SPS SPS SPS SPS 2^z0 FEET SPS S.P.S. = Same as Principal Structures BH = Building Height Page 4 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC\Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: * The miniB�Fam area fer- migfi fiw3fly use is 10)000 squue feet but eaeh iadivi4ual uBit ffmy be a minimum ef 2100 sVar-a feet 1- Where a lot is located at the intersection of two streets the front yard setback shall only apply to the street on which the entrance is located, and the side requirement shall apply on the adjacent street. Front entry garages shall be at least 23 feet from back of sidewalk Where side entry garages are provided, the fient ; ::? sethaek may be _ edueea to -20 feet the driveway shall be designed in such a manner so that a parked vehicle shall as not conflict with the sidewalk, however, in no case_ shall the front setback be less than 10'. . . _ PRIME MIM- z 5' minimum side setback for single - family attached townhouse two- family, patio and zero lot line must be accompanied by another 5' minimum side setback on adioining lot to achieve minimum 10' separation. Page 5 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC\Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc x G 0 0 .p 0 0 `cN 'O a n ro n 0 w b 0 0 D� O w �(j O � Q rn � N Q rn � O � 0 0 VANDERBILT COUNTRY CLUB P U D ----------- w I — __Y-XPL WP S-QA2Z _ UPFEI 3 WATER LAKE FF TRACT' R MA E T 1 1 I I I ` I � o� I{ I VANDERBILT TRACT � COUNTRY CLUB Az I io LAKE 5d P U D 10' BUFFER TYPE 'A'a WATER MANAGEMENT TRACT ENHANCED EAST PERIMETER 2 0 m I ° TRACT'R' I I I '? I I i I I I LANDSCAPE BUFFER (20' WIDE) TRACT 'R' I i I ADJACENT TO VANDERBILT COUNTRY CLUB PER EXHIBIT C-2 :w, — j -,J LAKE 1 - - - -- -- ------- - - - - --- I I I WATER MANAGEMENT -- -" --- --- j u i Lai TRACT { N1I TRACT'R' TRACTTV it 10' BUFFER TYPE 'A' ii BUCKS RUN BUCKS RUN MPUD MPUD MAXIMUM DENSITY MAXIMUM DENSITY — 120 DWEWNO UNITS LAND USE TABLE LOTS 1 &43 ACRES t 60.5x RIGHT —OF —WAY 4.15 ACRES t 13.SX LAKE 6.10 ACRES 4 20.0% CANAL EASEMENT 0.77 ACRES t Y.6x NOTE• PERIMETER BUFFERS 1.01 ACRES f 3.3x SINCE THIS IS A SINGLE FAMILY DEVELOPMENT WITH TOTAL SITE 30.46 ACRES t INDIVIDUAL DRIVEWAYS AND GARAGES, BACKING 1OO.OX ONTO A STREET IS ALLOWED (INCLUDING GUEST PARKING). TRACT USE TABLE INTERCONNECTION TO THE NORTH 15 CONCEPTUAL IN 100 0 100 200 WATER MANAGEMENT (LAKES) 6.10 ACRES t 20.OX LOCATION AND MAY BE ADJUSTED. SCALE IN FEET RESIDENTIAL (TRACT 'q 23.59 ACRES f 77,4% CANAL EASEMENT 0.77 ACRES * 26X TOTAL SITE 30.46 ACRES t 100.0% OPEN SPACE OPEN SPACE REQUIRED SOX - 16.28 ACRES OPEN SPACE PROVIDED a 1626 ACRES (MINIMUM) e50 Enoere W. T6' 01AM"'mmmr �O1O1Q 1° PtHUp P[4 alum cou0ry cauNwrt e ^3 TUSCANY POI/YTE ` "° i':i1/1 Nplee,FL31110 RPUD CONCEPTUAL MASTER PLANfe"0 e0"+„PUD 4726 -1 ecu� P01 cowu ccu4rr co44om s Ie 3 !w Phone; (230) 264.2000 see RfMefn POl CO11EA CouN1Y C04VOm , e,., s HOLE MONIES Florloe Cerlltbeie or EXHIBIT 'C' �� xaawru. zuc � •�,q Authorlullon No.1772 sex 21704112 EXHIBIT C x C> O 0 O O N �U a C) CDro d ro a ro r N O O A! T O N � O � W a 42' MINIMUM R.O.W. I VARIES 5' VARIES 2' 10' � 0' 2' VARIES 5' Via l D �. � 11 soo � .02 ft ft .02 .02`1/ft 24' CrONC, VALLEY GUTTER 7.50' 7.50' IRR. GRAS W.M, �A 1 1 /2 "A.C. WEARING COURSE (TYPE SIII)C 12" STABILIZED SUBGRADE �B 6" LIMEROCK BASE O CONCRETE (OR S IDEWALK (WHERE REQUIRED) TYPICAL ROAD SECTION NOTE: ALL UNPAVED AREAS WITHIN ROW ARE TO BE SEEDED AND MULCHED (OR SODDED AS NOTED). DMGNM DY A.LJ. DATE, 2/13 950 Encore Way Naples, FL. 34110 TUSCANY POINTE CM FlLE NAME - 4112ROW DR.ND N0. SK130207 DRAWN SY DATE. A. LJ. 2/13 HOLE MONTES 13101IM-mm-mm Phone:. ?hone:. (239).2542000 Florida Certificate of Authorization No.1772 SECTION EXHIBIT C -1 DNEGKr� 9Y :J . DAIS: 2/13 FRDECT N4 2004.112 SHEET No .EXHIBIT C -1 YERnDALSME HDRROWM SCALE x O Q N a n ro n w ro 0 a' ro r N 0 aD � O C> O � W O C� Tuscany Pointe Naples, Florida WALL; MASONRY.d f"zdff1��1li EXHIBIT C -2: TUSCANY POINTE NORTH and EAST PERIMETER TYPICAL BERM SECTION LANDSCAPE BUFFERS ADJACENT TO VANDERBILT C.G. ILLUSTRATED SECTION ILLUSTRATED LINE -OF -SITE ELEVATION NORTH AND EAST PERIMETER LANDSCAPE BUFFERS ADJACENT TO VANDERBILT COUNTRY CLUB SHALL BE A MINIMUM OF 20 FEET IN WIDTH, SHALL PROVIDE AT A MINIMUM, LDC REQUIRED TYPE B LANDSCAPE BUFFER PLANTINGS, AND SHALL INCLUDE A SIX FOOT HIGH MASONRY CONCRETE BLOCK OR PREFAB CONCRETE WALL OR PRESSURE TREATED WOOD FENCE TO BE PLACED ON TOP OF THE 2 FOOT BERM A°' 950 En— Way Naplea, FL 34110 EXHIBIT C— 2 TUSCANY POIN TE N ORTH AND EA ST °N1°'°'m°h w 4112PUD 4726 -12 ® oMMp '""8121Z13 Phone:(239)254 -200o PERIMETER LANDSCAPE BUFFERS ADJACENT TO ® Tuscany Pointe eu on HOLEMONTES FlofleaCorll "'o .t ° "° '°" "° D nru.w�z "- ,maxru: ppN y AS51RV,Y0.45 AulharizellanNo.1772 VANDERBILT COUNTRY CLUB 2004.112 ExHIBITC 2 u 1 • ' � er F v�l'i' • � � 3 711 v� �o�� I r r,° 6 ,. .7?`(' w"q I }iIr - z 1. � ti — ,.CIlfJ.:V))'��w�:�.a:r�_ nH IlNdad�M'i ill lN�' WIMGiJJ� l4rop411d1f5Te�'M1d4�"• &� ■1'YJ AS- „xlM91YIN ly!Qu�Li"�ij �i�J(Ti 9�+ �1' pll llt�l��iin. a�l�{ ��' "'ll(40��ry��jlltli,��ll:iTJf�t� •• :• 1 1 1 WALL; MASONRY.d f"zdff1��1li EXHIBIT C -2: TUSCANY POINTE NORTH and EAST PERIMETER TYPICAL BERM SECTION LANDSCAPE BUFFERS ADJACENT TO VANDERBILT C.G. ILLUSTRATED SECTION ILLUSTRATED LINE -OF -SITE ELEVATION NORTH AND EAST PERIMETER LANDSCAPE BUFFERS ADJACENT TO VANDERBILT COUNTRY CLUB SHALL BE A MINIMUM OF 20 FEET IN WIDTH, SHALL PROVIDE AT A MINIMUM, LDC REQUIRED TYPE B LANDSCAPE BUFFER PLANTINGS, AND SHALL INCLUDE A SIX FOOT HIGH MASONRY CONCRETE BLOCK OR PREFAB CONCRETE WALL OR PRESSURE TREATED WOOD FENCE TO BE PLACED ON TOP OF THE 2 FOOT BERM A°' 950 En— Way Naplea, FL 34110 EXHIBIT C— 2 TUSCANY POIN TE N ORTH AND EA ST °N1°'°'m°h w 4112PUD 4726 -12 ® oMMp '""8121Z13 Phone:(239)254 -200o PERIMETER LANDSCAPE BUFFERS ADJACENT TO ® Tuscany Pointe eu on HOLEMONTES FlofleaCorll "'o .t ° "° '°" "° D nru.w�z "- ,maxru: ppN y AS51RV,Y0.45 AulharizellanNo.1772 VANDERBILT COUNTRY CLUB 2004.112 ExHIBITC 2 u 5 MIN. FOR SINGLE FAMILY DETACHES 0' OR 5' FOR SINGLE FAMILY ATTACHED, TOWNHOUSE. TWO — FAMILY, PATIO, AND ZERO LOT LINE. 5' MIN. SIDE YARD SETBACK MUST BE ACCOMPANIED BY ANOTHER W MINI SETBACK ON ADJOINING LOT TO I — ACHIEVE MINIMUM 10' SEPARATION. PROPERTY LINE —t — R.O.MI LINEi — PROPERTY LINE 5' MIN. z ACCESSORY S7RUC7URE b . (E.G. POOL) PROPERTY LINE 5' MIN. 23' MIN. FOR FRONT —ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY GARAGE IF DESIGNED SO THAT A PARKED VEHICLE WILL NOT CONFLICT WITH THE SIDEWALK. IN NO CASE SHALL THE FRONT SETBACK BE LESS THAN 10'. Page 9of16 H:\2004\2004112 \WP\PUDA\CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc CAD FlIF NAME EXHIBIT - ITEM EXHIENT D�3 SIDEWALK T ROADWAY SIDEWALK REVISED: 6/21/13 REVISED: 6/10/13 NOT TO SCALE HOLE MONTES 950 Encore VUaY Naples, FL. 34110 Phone: (239) 254 -2000 Florida Certificate of Authorization No.1772 i.►f't' /�! T C'Vt /y r� EXHIBIT C -3 TYPICAL LOT LAYOUT ECHECKED . a Page 9of16 H:\2004\2004112 \WP\PUDA\CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc CAD FlIF NAME EXHIBIT - ITEM EXHIENT D�3 EXBIBIT D FOR T-M BOXWOOD TUSCANY POINTE RPUD LEGAL DESCRIPTION LEGAL DESCRIPTION The subject property being 29.69 30.46=1= acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: Parcel l: The South one -half (S 1/2) of the South one -half (S '/2) of the Northwest one - quarter (NW '/4) of the Southwest one - quarter (SW '/4) of Section 35, Township 48 South, Range 26 East, Collier County, Florida. Parcel 2: The South one -half (S %2) of the South one -half (S %2) of the Northeast one- quarter (NE 1/4) of the Southwest one -- quarter (SW '/4) of Section 35, Township 48 South, Range 26 East, Collier County, Florida. Parcel 3: The North one -half (N %2) of the South one -half (S 1/2) of the Northeast one - quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East, Collier County; Florida. Page 10 of 16 H:\2004 \2004112 \WP\PUDA \CCPC\Tuseany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doe "- OMNIVORE -Z . .. . -- a.--- MAIMM I ; ... Parcel l: The South one -half (S 1/2) of the South one -half (S '/2) of the Northwest one - quarter (NW '/4) of the Southwest one - quarter (SW '/4) of Section 35, Township 48 South, Range 26 East, Collier County, Florida. Parcel 2: The South one -half (S %2) of the South one -half (S %2) of the Northeast one- quarter (NE 1/4) of the Southwest one -- quarter (SW '/4) of Section 35, Township 48 South, Range 26 East, Collier County, Florida. Parcel 3: The North one -half (N %2) of the South one -half (S 1/2) of the Northeast one - quarter (NE 1/4) of the Southwest one - quarter (SW 1/4) of Section 35, Township 48 South, Range 26 East, Collier County; Florida. Page 10 of 16 H:\2004 \2004112 \WP\PUDA \CCPC\Tuseany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doe �C11: LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE PRIVATE ROADWAY WIDTH 1. The private roadway shall have a minimum 42 foot right -of -way width. This is a deviation from the 60 foot right -of -way width specified in Section 6.06.01 of the Land Development Code. (Deviation 1) The justification for this deviation is that this right -of -way width can be found sufficient to accommodate travel lanes, drainage facilities, and utilities. DRAINAGE EASEMENT WIDTH 2. Deviation 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade All 'installations will follow OSHA and ACPA Standards. Page 11 of 16 H:\2004\2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc DEVELOPER CONBUTMENTS 1. TRANSPORTATION REQUIREMENTS A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. If a gate is proposed at any /or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: 1. The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area ,,f suffleient �?Adth aa4 with ,.,, ffleient inside +,,,..ling adi shaH be pr-evided between the afer-ementioned key pad/phefle box and __ shall be designed to allow vehicles to make a safe turn around in front of the key pad/phone box or between the key pad/phone box and proposed gate. C. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). D. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. E. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by County, shall not be eligible for impact fee credits. All required vehicular access improvements shall be in place and available to the public prior to commencement of on -site construction. F. Nothing in any Development Order (DO) shall vest a right of access in excess of a right - in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Access points shall be determined at time of subdivision plat or SDP �!pproval in accordance with the Collier County Access Management Plan. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of the Public. Any such Page 12 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC\Tuscany Pointe RPUD PL- 2013 -0141(6- 26- 2013).doc modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. If any required turn lane improvement requires the use of existing County Rights -of- Way or easement(s), then compensating Right -of -Way shall be pr-ei4ded--conveyed bX owner to County at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his designee. H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the appropriate corresponding CO. JI. A northbound right turn lane shall be required prior to commencement of on -site construction. No other work shall be performed within the site boundaries until all development commitments have been met with regard to improvements within the public rights -of -way. No southbound left median opening shall be allowed. ICJ. If the existing access bridge over the canal is widened or otherwise modified, appropriate permits shall be obtained from the South Florida Water Management District. LK. A shared access shall be provided to the property to the north. Placement of a gate on the main access roadway into this project shall be located so- as to .allow sufficient shared access with the adjoining project to the north. The interconnection shall be located approximately 300 feet (to centerline) from the CR 951 right -of -way, as shown on the conceptual plans. The interconnection may be less, but shall be reviewed by Transportation Staff. The interconnection shall be no less than 200 feet from the existing CR 951 right -of -way. 2. UTILITY REQUIREMENTS Page 13 of 16 H:\2004\2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 {6 -26- 2013 }.doe ■ ■. fn I M1,111 min - Page 13 of 16 H:\2004\2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 {6 -26- 2013 }.doe HA. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the common property line. MUM -54. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. At the developer's discretion, an offsite preserve may be utilized as an alternative to the recreated onsite preserve in an amount (of acres) and location approved by the Board of County Commissioners. A cross section of the optional onsite re- created preserve area, depicting topographic features, is attached as Exhibit G. 65. WALLS A. Exhibit C -2 depicts the proposed wall an landscaping buffer treatment along the north and east property lines adjacent to Vanderbilt Country Club. B. ATlie wall or fence is to be constructed along the north and east property lines adjacent to Vanderbilt Country lub shall be eenstrueted -at the earliest time - pessible -ding prepar-atien of the site for de-ve , pme prior to the issuance of the first building perniit. The landsea-ping shall be installed at the fifne ef the issiaanee of the first building penai C. The wall or fence along the south north and east property lines adjacent to Vanderbilt Country Club shall be a concrete block wall,prefabricated concrete wall, or a pressure treated wood fence. Page 14 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc B Dl D to the -vo the geveriz iligin enanee of the eai imen area pri6tt6 — %ssucanee 4: AFFORDABLE HOUSING MUM -54. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. At the developer's discretion, an offsite preserve may be utilized as an alternative to the recreated onsite preserve in an amount (of acres) and location approved by the Board of County Commissioners. A cross section of the optional onsite re- created preserve area, depicting topographic features, is attached as Exhibit G. 65. WALLS A. Exhibit C -2 depicts the proposed wall an landscaping buffer treatment along the north and east property lines adjacent to Vanderbilt Country Club. B. ATlie wall or fence is to be constructed along the north and east property lines adjacent to Vanderbilt Country lub shall be eenstrueted -at the earliest time - pessible -ding prepar-atien of the site for de-ve , pme prior to the issuance of the first building perniit. The landsea-ping shall be installed at the fifne ef the issiaanee of the first building penai C. The wall or fence along the south north and east property lines adjacent to Vanderbilt Country Club shall be a concrete block wall,prefabricated concrete wall, or a pressure treated wood fence. Page 14 of 16 H:\ 2004 \2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc 6. PUD MONITORING A. One entity (hereinafter the "Managing Entity ") shall be responsible for PUD monitoring until close -out of the RPUD and this entity shall also be responsible for satisfying all RPUD comntments until close -out of the PUD. Initially, the Managing Entity shall be the Developer. Should the Managing Entity desire to transfer the monitoring and related commitments to a successor entity, then it must provide a copy of the legally binding document transferring those commitments to the County Attorney for prior approval After such approval the transferor shall be released from its obligations and the transferee shall thereafter become the Managing Entity. 7. GENERAL A. A one story recreational building with typical accessory recreational facilities shall be permitted The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be, prior to sale of any platted lots or condominium units. Page 15 of 16 H:\2004\2004112 \WP\PUDA \CCPC \Tuscany Pointe RPUD PL- 2013 -0141 (6- 26- 2013).doc i- i '141Fli. .1 | i | § z A• =2 / i "; § \ I , . s (() } • 7I ' m ■ WII I314I1 z+O ! 3N11_df iti k ; Li co 0 m) 4 § = a � ) § § 23 ■ \ Ra I o0 } \- ) �/ ¥ . > �7 cc ■ . � ,\ , . , , . ` \ ` 2w I ± ' q ti . IL [\ s � , , ( , \ 2 •• : • :i� ( •N.\ \ > ! , �; ' / . . F,/ , ; , g ! . ■1,� k ct \ ® , a / \ , \ a I .: &\] �• .) ( `| § � \ j , ; \ 2 , � ! \ Z ■ — ® \§ ; 0 S. @ 0 22 I I \ ` Xdk | La | . /„ ///\ . 5. | P . . . , / \ , , 4 §9 \ ' _ LU -- - / Z __- . - \ -/ -2� » \ Cl. c § k \ ° vt \ � ® +. (& (& \ : �\ ; ... ,, C . • ■ ► ". ,\ E| ® , ! \ \ K; | ang( ye ` e • \| )|_ <ii<1.44t| Page 16 of 16 R\2004\2004112 WP 9UD6ceczs ny Pointe RPUDP&ea@l6z62gAc This space for MENT AUTHORIZING AFFORDABLE - WORKFORCE DENSITY BONUS AND IMPOSING COVENANTS RESTRICTIONS ON REAL PROPERTY THIS AGR ENT is made as of the day of /ly,the �, 2007, by and between Home namics Naples, LLC (the "Develohe Collier County Board of County CommiNsirs (the "Commission "), collecParties." RE CITALS: A. The Developer owns a tract hereto and incorporated herein (The Prop a maximum of 207 residential units (the " I prop y described in Exhibit "A" attached t is the Developers intent to construct I at a density of 6.97 units per gross acre on the Property. The gross acrea of Prop is 29.69 acres. The number of affordable - workforce housing units c structed by Dev er shall be 20 percent of the total number of residential Un' approved in develop t orders issued for the Property. B. In order to con uct the Units, the Developer must ob n a density bonus from the Commission f the Property as provided for in the Collier my Affordable Housing Density B s Ordinance No. 90 -89, now codified by Ordina 04 -41, as Land Developm Code (LDC) § 2.06.00 of seq., which density bonus c only be granted by Commission and utilized by the Developer in accordance with strict limitatio and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Develop Page 1 of 32 4112/06 authorizing the construction of 3.0 bonus Units on the Proper/benen eveloper agree to struct Affordable- Workforce Units as specified in this Ag W, THEREFORE, in Consideration of the approvat of the nsity bonus of units per acre requested by the Developer anefit onferred thereby on the roperty, and for other good and valuable con, receipt and sufficiency of whi are hereby acknowledged, the Deve loa Commission hereby covenant and ree as follows: 1. Recitals. above Recitals are true and car are incorporated herein by reference. 2. Developer Agree nts. construct up to 42 units in accorda e and as specified by the attached AppE C, which Appendices are incorporated of this Agreement. a. The following provisio4 VrenGe hereby agrees that it shall d conditions of this Agreement hibits A, B, & C, and Appendix ein and which constitute a part shall be % piicable to the affordable, workforce and gap Units: (1) Defined terms: the event of a conflict tween terms as defined in the LDC or in Ordinance No. -89, Section 4, the definition f the LDC will control when applying or interpretin is Agreement. In addition to the defined terms and the applicability of LDC 2,06.04 "Phasing" shall mean: (a) the ased construction of buildings or stru r'es in separate and distinct stages as shown on PUD master plan, subdivision m ter plan or site development plan; or (b) in developme s where phased constructio is not depicted on a PUD master plan, subdivision mas plan or site develop nt plan, the construction of buildings or structures in a clearly d ned series of sta and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median come the area as defined by the U.S. Department of Housing and Urban Develo ent • P:\CPWln\Hls tory\070529_0001 \3040.07 Page 2 of 32 .,o (HUD) shall be the then current median income for the Naples Metropolitan atistical a, established periodically by HUD and published in the Federal egister, as adju d for family size as shown on the tables attached hereto as Ap ndix A, Exhibit C, which hibit shall be adjusted from time to time in accordance any adjustments that are auth ed by HUD or any successor agency. In the ev t that HUD ceases to publish an establi ed median income as aforesaid, the P es hereto shall mutually agree to another rea able and comparable method computing adjustments in median income. (3) Eli ibilit and ification of Owner amity income eligibility is a three - step process: 1) submittal of an lication by prospective Owner; 2) verification of family housing unit provided under th ffor ble, workforce, and gap housing density bonus program prior to being qualified a appropriate level of income (very low, low, workforce, or gap income) in acco ce w this Section; 3) certification of eligible Owner by the Financial Administra ' n and Housi Department. The Developer shall responsible for alifying Owners by accepting applications, verifying Inco and obtaining income rtification for all affordable, workforce, and gap units the subject development. All a lications, forms and other documentation requir by this Agreement shall be pro ' ed to the Financial Administration and ousing Department. Qualification by the Dev per of any persons as an eligible O er family shall be subject to review and approval accordance with the monitorin nd enforcement program in LDC §§ 2.06.05 and 2,06.0 respectively, ( Application. A potential owner shall apply to the deve per, owner, manage or agent to qualify as a very low, low, workforce, or gap income f ily for the purpo of owning and occupying an affordable- workforce housing unit pursu t to the aff dable-workforce housing density bonus program. The Preliminary Applica n for ordabie- workforce housing unit shall be provided to Collier County Housing nd Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement a P:\CPW1n\H1storyN070529_0001 \3040.07 Page 3 of 32 I orporated by reference herein. (b) Income Verification and Certification. No affordable - workforce sing unit in a development shall be sold whose household income has not be verified and certifi in accordance with this Agreement and LDC § 2.06,05. (c) come Verification. The Developer shall obtain writte erification from the potential occ nt (including the entire household) to verify regular sources of income (including th ntire household). The most recent ye s federal income tax return for the potential oc ants (including the entire hous old) may be used for the purpose of income verificatio attached to the affordabl orkforce housing applicant Income Verification form, inclu g a statement t release information, occupant verification of the return, and a si ture bloc ith the date of application. The verification shall be valid for up to one dre eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the ormation may be verbally updated from the original sources for an additional 30 ys, p ided it has been documented by the person preparing the original verificat' . After thi 'me, a new verification form must be completed. The affordable -w force housing Ap ' ant Income Verification form shall be provided to the Housi and Grants Section as s wn in Appendix 0, Exhibit B, attached to this Agreeme and incorporated by reference ein. (d) Income Ce ication. U on receipt of the Prelimin Application for an affordable - workforce ousing unit and Applicant Income Ver ation form, the Developer shall re ire that an income certification form be executed the potential occupant (incl ng the entire household) prior to occupancy of th affordable - Workforce h sing unit by the occupant. Income certification shall assu that the potential cupant has an appropriate household income which qualifies the tential occupa as an eligible family to occupy an affordable- workforce housing unit and the affor ble- workforce housing density bonus program, The affordable-work fo e H sing Applicant Income Certification form shall be provided by the Housing an story\070529 000113040.07 Page 4 of 32 G is Section as shown in Appendix B, Exhibit C, is attached to this Agreement an incor ated by reference herein. Random spection of files containing required documentation to verify occ ancy in accordance ' h this Agreement and LDC § 2,06.00, may be conducted by a Housing and Grants Sec upon reasonable notice. (4) Annu ro ress and Monitoring Report. The Develo shall provide the Housing and Grants S ion an annual progress and monitori report regarding the delivery of affordable -wo orce housing units through the period of their construction and occupancy. a annual progress an onitoring report shall, at a minimum, provide any information asonably require insure compliance with LDC § 2.06.00, or subsequent amendments ereto. Th report shall be filed on or before September 30 of each year and the repo sh be submitted by the Developer to the Housing and Grants Section. Failure to co ete and submit the monitoring report to the Housing and Grants Section within s y (60) ys from the due date shall result in a penalty of up to fifty dollars ($50.00 er day unles written extension not to exceed thirty (30) days is requested p ' r to expiration of e sixty (60) day submission deadline. No more than one s h extension may be grant in a single year. (5) Occupancy strictions. No affordable-work f a unit in any building or structure on the Prope shall be occupied by the Developer, a person related to or affiliated with the De oper, or by a resident manager. 3. De tv Bonus, The Commission hereby acknow ges that the Developer ha et all required conditions to qualify for a density bona in addition to the base r idential density of 4.0 units per acre, ( 3.97 units per acre is sed of the base d sity of 4.0 units per acre) and is therefore granted a density bo s of 3.0 dens' bonus units per acre, for a total density (total = density bonus units pe ere X gr s acreage) of 6.97 units /ac, pursuant to LDC § 2.06,00 The Commission her grees that the Developer may construct thereon, in the aggregate a maximum nu er P:\C:PW In\HJstory\070529_0001 \3040.07 Page 5 of 32 of 207 units on the Property provided the Developer is able to secure building m Collier County. S) 4. Commission Agreement. During the term of this Agr ment, the Comm ion acting through the Financial Administration and Housing partment or its successor covenants and agrees to prepare and make avaiia to the Developer any general in ation that it possesses regarding income li ' tions and restrictions which are applicabl the affordable, workforce, or gap Uni 5. Violations d Enforcement a. Violatio It shall be a violatio of this Agreement and LDC § 2.06.00 to sell or occupy, or atte t to sell or occ , an affordable- workforce housing unit provided under the affordable -w force ho ing density bonus program except as specifically permitted by the terms of misleading information with respect to reement; or to knowingly give false or rmation required or requested by the Housing and Grants Section or by any trier perso pursuant to the authority which is delegated to them by LDC § 2,06 Collier Coun r its designee shall have full power to enforce the terms of thi greement. The metho enforcement for a breach or violation of this Agreeme shall be at the option of the ommission by criminal enforcement pursuant to t provisions of Section 125.69, Flori Statutes, or by civil enforcement as allowed law. b. tice of Violation for Code Enforcement Boa Proceedings. Whenever it is d rmined that there is a violation of this Agreement of LDC § 2.06.00, that s Id be enforced before the Code Enforcement Board, then otice of Violation sh be issued and sent by the appropriate department by certifie etum- receipt r uested U.S. Mail, or hand - delivery to the person or developer in viol n. The tice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupant. In the event that the Developer fails to aintain the affordable- workforce units in accordance with this Agreement or LDC § P: \C P W I n \H Istory%070529_0001 \3040, 07 Page 6 of 32 .06.00, as amended, at the option of the Commission, building permits certificates o ccupancy, as applicable, may be withheld for any future pip d or otherwise appr d unit located or to be located upon the Property until the tire project is in full complian with this Agreement and with LDC § 2.06.00, as a nded. 6. si nment by Commission. The Commis n may assign all or part of its obligations un r this Agreement to any other publ' agency having jurisdiction over the Property provide at it gives the Developer t ' y (30) days advance wdtten notice thereof. The Developer not assign, deleg or otherwise transfer all or part of its duties, obligations, or promis under this A eement to any successor in interest to the Property without the express wri con nt of the Commission, which consent may be withheld for any reason whatsoever. ny attempt to assign the duties, obligations, or promises under this Agreement to ny s censor in interest to the Property without the express written consent of the mmission required by this Section shall be void ab initio. 7, SeverabilitvZ any section, phrase, s tence or portion of this Agreement is for any reason held ' alid or unconstitutional by a court of competent jurisdiction, such portion shall b deemed a separate, distinct, and i ependent provision, and all other provisions s II remain effective and binding on the Pa s. 8, ice. Any notices desired or required to be give rider this Agreement shall be in sting and shall either be personally delivered or sh be sent by mail, postage p paid, to the Parties at the following addresses: To the Commission: Collier County Housing and Grant ection 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Alejandro J. Delfino Home Dynamics Naples, LI_C 4788 West Commercial Boulevard Tamarac, Florida 33319 P: \C Pw I n \History \070529_0001 \3040, 07 Page 7 of 32 With copy to: Richard D. Yovanovich Goodlette, Coleman & Johnson, P. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 A Party may change the address to which notices are to b ent by notifying the other rty of such new address in the manner set forth abov 9. Authority to Monitor. The Parties hereto nowledge that the Collier County Finan I Administration and Housing Depart nt or its designee, shall have the authority to mo ' or and enforce the Developer' bligations hereunder. 10. Indemnif . he Developer hereb grees to protect, defend, indemnify and hold Collier County an its officers, a loyees, and agents harmless from and against any and all claims, pe ies, ages, losses and expenses, professional fees, including, without limitation, re able attorney's fees and all costs of litigation and judgments arising out of any aim, 'llful misconduct or negligent act, error or omission, or liability of any kind ade by De per, its agents or employees, arising out of or incidental to the perf ance of this Agree nt. 11. Covenants. a Developer agrees that of its obligations hereunder shall constitute covenan , restrictions, and conditions whic hall run with the land and shall be binding up the Property and against every p on then having any ownership interest any time and from time to time until this Agr ent is terminated in accordance h Section 14 below. However, the Parties agree t if Developer transfers or c veys the Property to another person or entity, Developer all have no further obll tion hereunder and any person seeking to enforce the terms h eof shall look so[ to Developer's successor in interest for the performance of said obllg ons. 2. Recording. This Agreement shall be recorded at County's expense I e offi I records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement P:\GPW fn \History1070529_0001 \3040.07 Page 8 of 39 onstitutes the entire Agreement between the Parties hereto and shall inure to an be bi 'ng upon their respective heirs, successors, and assigns. Termination. Each affordable, workforce, or gap housing shall be restricted remain and be maintained as the required affordable, wor rce, and gap housing as pr ' ed in the LDC §2.06.04. 15. Mod ation. This Agreement shall be modified o mended only by the written agreement of b Parties. 16. Discriminatio a. The Dev er agrees that her it nor its agents shall discriminate against any owner or tential owner cause of said owners race, color, religion, sex, national origin, familial st s, or h dicap. b. When the Develope ertises, sells or maintains the affordable - workforce housing unit, it must adve ' e Il, and maintain the same in a non- discriminatory manner and shall mak vailable y relevant information to any person who is interested in purchasing su affordable -war rce housing unit. C. The Deve er agrees to be resp Bible for payment of any real estate commissions and s for which it is liable in he purchase and sale of affordable- workforce uni . e. a affordable - workforce housing units s II be intermixed with, and not segregate rom, the market rate dwelling units in the dev pment. f. The square footage, construction and design the affordable, workforce, a gap housing units shall be the same as market rate dw ' g units in the develop t. All physical amenities in the dwelling units, as described in em number seven of the Developer Application for affordable - workforce housing De 'ty Bonus shal be the same for market rate units and affordable- workforce unit For d elopments where construction takes place in more than one phase, all ph ical menities as described in item number seven (7) of the Developer Application r PAC P WIMHistoryW70529_0001 \3040.07 Page 9 or 32 ffordable- Workforce Housing Density Bonus shall be the same in both the rket rate u and the affordable- workforce units in each phase. Units in a sub quent phase may ntain different amenities than units in a previous phase so to as the amenities for mark rate units and affordable, workforce, and gap units ar a same within each phase and p vided that in no event may a market rate unit or ordable - workforce unit in any phase c ain physical amenities less than thos escribed in the Developer Application. 17. Phasing. e percentage of affordab workforce housing units to which the Developer has commi for the total dev pment shall be maintained in each phase and shall be construct as part of ach phase of the development on the Property. Developer commits to 2 project with 20 percent of the un workforce units 18. Disclosure. The de I affordable- workforce housing units for this each phase built consisting of affordable- not disclose to persons, other than the potential buyer or lender of t particular a able - workforce housing unit or units, which units in the developm t are designated as rdable- workforce housing units. 19. Consisten . This Agreement and a orized development shall be consistent with the G wth Management Plan and Ian development regulations of Collier County that e in effect at the time of development. bsequently adopted laws and policies sha apply to this Agreement and to the develo ent to the extent that they are not i onflict with the number, type of affordable- workfo e housing units and the amoun of affordable- workforce housing density bonus proved for the develop t. /This greement is a distinct and separate agreement from "development a eements" ned by Section 163.3220, Fla. Stat., as amended, 21. Preapplication. Developer has executed and submitted t the P:XCP W In \History\070529_0001 \3040.07 Page 10 of 32 Development Services Department the Developer Application for Affordable -Wor rce using Density Bonus, a copy of which is attached to this Agreement as A endix C an corporated by reference herein. Governinq Law. This Agreement shall be governed by d construed in accordanc ith the laws of the State of Florida. 23. her Assurances. The Parties hereto shat xecute and deliver, in recordable form i ecessary, any and all documents, ificates, instruments, and agreements which m be reasonably required in or to effectuate the intent of the Agreement. Such doc ents shall include b not be limited to any document requested by the Develo to exhibit th this Agreement has terminated in accordance with the provisions IN WITNESS WHEREOF, th executed as of the.�Iay and year firs ATTEST: DWIGHT E. FROCK, Clerk , l Att�s 'S fi� C1r 4r*:t.tfl /14 above. s hereto have caused this Agreement to be written. BOND OF COUNTY COMMISSIONERS COLL R COUNTY, FLORIDA Clerk By: JMESN. COLETTA, CHAIRMAN Approved a o form and legal sufficiency: Marj . Student - Stirling As . tant County Attorney P:1CP W in\History1070529_0001 \3040.07 Page 11 of 32 N-1 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Bonus And Imposing Co before me by who is personally nown identification. DEVELOPER; Home Dynamics of Naples 4788 West CQ{i11i �� aT Tamarac,, F-tcr�:>¢ w. . ay t�try �� ACK =F C), (Y)A4 F n/ L M6irlE� A 11) -� Witness By: Printed Name - ��a�'� ;.L• j }L G it ! GN % .��w Y'Gci�'.r Title: r l 9/SB y � G� id Name horizing Affordable, Wo .nants And Restrictions On as to�or has produced e, and Gap Housing Density Property was acknowledged WrI NESS m and official seal this _ day of -------- Notary lic ; i ...._ ... . oe Puy Wy M 1 o0 My mmission Expires: 02 22 11r ,# eo�a.anw:wr 2 J EXHIBIT A MDOve.Usan:afyandr ofto:oocurrwrds:MW = oft User Dats:Bavod Aftotmasts:f MSED AFFORDABLE HOU31NO AGREEMEW 0705K15).CLEAN.0c Page 12 of 31 as EXHIBIT A LEGAL DESCRIPTION The sub) property being 29.69± acres is locat/26East, n 35 ownship 48 South; Ran 26 East, and is more fully described The north 1/2 \1/2tihe z of the northeast'/ of st' /4 of Section 35; plus the soututh '/2 of the northwest thwest 1/4, less the west 100 feouth Y2 of the south ortheast % of the southwest'/ , Township 48 South, st, Collier County, Florida. P:1CPWInWstory1070529_0001 \30 40.07 Page 13 of 32 APPENDIX A, EXHIBIT B \Exhibitre FFORDABLE- WORKFORCE H/bofor DENSITY BONUS RATING SY .06.03, provides for calculation of a for developers pstruct affordable- workforce units within tent. Included in tre instructions for and the tables with ulate the density b ular project. Exhibit C contains thian income and as very low, low, workforce, and gap eholds in Collier The affordable -war ce determine the amount of the be gran ted for a development affordable, workforce, and gap h workforce housing density bonus shall be reviewed and updated i Commissioners or its designee. housing density bo s rating system shall be used to ordable- workforc ousing density bonuses which may sed on hou old income level and percentage of o g units i e development. To use the affordable - rate sys , Table A, below, shall be used. Table A f neces on an annual basis by the Board of County First, choose the household i ome lev very low, low, workforce, or gap) of the affordable - workforce housing unit proposed in a development, as shown in Table A. Next, determine the percent of t type of affordab workforce housing unit(s) proposed in the development compared the total number o elling units in the development. From this determination, T le A will indicate the ximum number of residential dwelling units per gross ac that may be added to the ba density. These addition Irresidential dwelling units per gros acre are the maximum affordable - workforce ousing density bonus (AWHDB) availa to that development. Developments wit percentages of affordable - workforce housi units which fall in between the per ntages shown on Table A shall receive an ordable- workforce housing density, onus equal the lower of the two percentages it lies b een plus 1 /10th of a residenti dwelling unit per gross acre for each additional percent a of affordable - workforce h sing rental units in the development. For example, a dev pm which has 24% its total residential dwelling units as affordable - workforce hous units, and which h an affordable housing density bonus rating of "four" will receive a ffordable- workfo a housing density bonus (AWHDB) of 4.4 residential dwelling units er gross acre r the development. In no event shall the affordable- workforce housing density bonus exceed eig ng units per gross acre. P:\CPWInNHistory\070529-0001\3G40.07 Page 14 of 32 APPENDIX A, EXHIBIT B AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Summary Table (1) Base density 3\96 units per acre. (2) Gross acreage 29; (3) Density Bonus= 3.0 dw 'ng units per acre culated as follows: One density bonus its per acre f 10% of the units being sold to individuals or ilies ear ' g between 81 % and 150% of the MI and two nsity nus units per acre for 10% of the units being sol o* dividuals or families earning between 61 % and 80% of th I, (4) The total number of units is 20 of whi 21 units will be being sold to individuals or famili earning b een 81 %and 150% of the MI and 21 /66 be sold to in ' iduals or families earning betweend 80% of the The total number of affordable uoth GAP and Wo force housing is 42 units or 20 total number of un . PACP W In \HIstory\070529_0001 \3040,07 Page 15 of 32 APPENDIX A, EXHIBIT B AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please c ulate your density bonus in the space pro vid below. Attach additional pages if necessary. MAXIMUM ALLOW E DENSITY BONUS BY I' CENT OF DEVELOPMENT DESIGNATED AFFORDABLE -WO ORCE HOUSING Household Product Income 10% 20% % 40% /0% 60% 70% 80% 90% 100% (% median 81 -150% Gap MI* ** 1 2 3 5 6 6 6 6 r /a Ga 61 -80% Workforce M1* 2 3 8 8 8 8 8 8 51 -60% Low M1 3 6 8 8 8 8 8 8 50% Very Low or less 5 7 8 8 8 8 8 8 8 MI 'Owner - occupied on "'`May only be use conjunction with at least 10% at or below Total Maximum lowable Density = Base Density * Affordable - Density Bon u In no event all the maximum gross density allowed exceed 1E P: \G P W in \Hfstory1070529_000113040.07 Page 16 of 32 APPENDIX A, EXHIBIT C TE Pursu Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws d Ordinanc , moderate income is 61 % to 80% of the median income, to come is 51 % to 60% of t median income and very low income is less than 50% o e median income. ENDED REN1%L RATES The Florida Housing Finance orporation (FHFC) cal ates rents to use in the State Apartment Incentive Loan ( IL) and the Law- Income tal Housing Tax Credit (LIHTC) programs. The r is given below are based on 01 data from FHFC. Utility Re- costs are provided from e County's Section 8 Rental Assi nce Program which is administered by the C ler County Housing Authority. HWSING COSTS BASED ON 30% FAMILY IN>&OME YTWO ROOM BEDROOM UNIT MEDIAN INCOME 2005 F R BE OOM UNI $63,300 Naples, MSA (Collier Coun $1,961 $2,355 $2,720 $3,034 UMBER OF MEMBERS IN F L.Y $1,256 $1,451 $1,618 1 2 3 4 6 7 8 150% 73,350 83,700 9 00 104,70 3,10 121,50 129,90 138,15 80% 39,100 44,650 50, 55,850 0,300 64,750 69,250 73,700 60% 29,340 33,480 37,68 41,88 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34, 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 30 26,390 28,350 30,310 32,235 25% 12,225 13,950 - 15,700 50 18,850 20,250 21,650 23,025 ENDED REN1%L RATES The Florida Housing Finance orporation (FHFC) cal ates rents to use in the State Apartment Incentive Loan ( IL) and the Law- Income tal Housing Tax Credit (LIHTC) programs. The r is given below are based on 01 data from FHFC. Utility Re- costs are provided from e County's Section 8 Rental Assi nce Program which is administered by the C ler County Housing Authority. HWSING COSTS BASED ON 30% FAMILY IN>&OME FA P:\CPW inlHlstory\070529_0001 \3040.07 Page 17 of 32 YTWO ROOM BEDROOM UNIT THREE BEDROOM UNIT F R BE OOM UNI 150% f $1,961 $2,355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 600 / $785 M $942 $1,089 $1,215 5 /o $654 $785 $907 $1,012 $458 $549 $635 $708 5% $327 $392 $453 $506 FA P:\CPW inlHlstory\070529_0001 \3040.07 Page 17 of 32 APPENDIX B, EXHIBIT A ARY APPLICATION FOR AFFORDABLE - WORKFORCE Date 0 Nupancy Desired: Date of Application: Amt. Of Your N ' am Race/National Origin: Handica Co- Tenant N e Race/National Origin: Hand' p Present Address: UNIT Fjes _ No Yes No treet City State Zip Telephone No. Name of Landlord How g at this Address: Landlord's Address: Street City \adss Zip elephone No. If you have resided at your prese less than eaxs, please state previous address: Street City Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone How long with Prese mployer: Job Title Gross Salary: Ho y $ Weekly $ Every 2 Weeks $ Social Security umber Birth Date Previous E oyers Name Address d Telephone No. How 1 g with Previous Employer CO ENANT: P sent Employers Name Address and Telephone No. How long with Present Employer:_ P:1C P W I MH Is tory1070529_000113040.07 Zip Telephone No. State Zi\ Telephone No. Job Title Job Title Page 19 of 32 APPENDIX B, EXHIBIT B AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME VERIFICA ll Apple nt's Name:_ Co -Tena 's Name: Present Addr Social Security Number Social Security Number \ngle City State I hereby make for a single family unit at I hereby decla all of my sources of income. I am aware tht, omit or fail to report my i stocks, bonds rent, sale or ownership Knowingly famat on this form is causeA Zip r Telephone No. or farms of income from pensions, fraudulent act punishable by law, refusal of occupancy. I hereby certify that this will be 11 permanent esidence and that I have no other assisted housing. I understand that this information is for a purpose of computing my annual income to determine my qualification to buy an aff da workforce, or gap housing unit. I understand that I am not required to surrender owners or rights or claimed property, pensions or capital gains, etc. P: \C P W in\History\070529_0001 \3040.07 Page 21 of 32 A ant Co- Occupant Amount Fre pricy Amount Frequency Received of Pa Received of Pay Wages /Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ Commissions $ $ $ Interest Income $ $ $ $ Trust Fund Inc e $ $ $ $ Unemploym $ $ $ $ Workman' ompensation $ $ $ Welfare $ $ $ Food S ps $ $ $ $ Soci ecurity $ $ $ $ So ' Security Disability $ $ $ $ S plemental SSI $ $ $ $ amity Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ P: \C P W in\History\070529_0001 \3040.07 Page 21 of 32 Wi ws Benefits $ $ $ $ Union ension $ $ $ $ Self-Ern yment Business, Silent Pa r, etc. $ $ $ Private Insur a Pension $ $ $ $ TOTAL ANNUAL COME $ $ THE VERIFICATION REQUESTED MAY TAKE THE FORM THE MOST RECENT YEAR'S INCOME TAX TURN FOR EACH OCCUPANT W HAS FILED AND WILL OCCUPY THE AFFORDABL WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECU FOR EACH OCCUP OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNU OUSEHOLD INC O FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME L RESULT ISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR G HOUSING P:\CPWin \History\070529_0001 \3040.07 Page 22 of 32 r APPENDIX B, EXHIBIT C AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME [CANT: Present E Oyer: Address: T Street City hereby authorize (Applic t) on this certification form. A STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledge eft Who is personally known to me or has oduc identification. Witness my hand and off al seal this (notary seal) My Commission PACPW In\H1story\070529_0001 Q040.07 e by Page 23 of 32 Job Title: State .Zip of information requested Signature of Applicant of as Notary Public 2007, MPLOYER CERTIFICATION AP ' ant's Gross Annual Income or Rate or Pay: $ Number Hours Worked (Weekly): Frequency of Pay: Amount of B ses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged Who is personally known to me or N identification. Witness my hand and official seal thi (notary seal) me day of Annually as 2007 Notary Public My Commission Expires: THE, CERTIFICATION HERE REQ TED MAY TAKE THE FORM THE MOST RECENT YEAR'S INCOME TAX RETURN FOR H OCCUPANT WHO HAS FIL AND WILL OCCUPY THE AFFORDABLE- WORKFORCE P:1CP W In1Hlstory1070529_0 0 0 113 04 0.07 Page 24 of 32 APPENDIX C HOUSING DENSITY BONUS Pursuant LDC § 2.06.01 please complete this fonn and submit documentati to the Community Development & Environmental Horseshoe Drive, aples, Florida 34104. A copy must also b ro Housing and Grants S on. All items requested must be ovided. I. Please state what zoning . trictt acreage of each; PUD 29.69 acres 2. Has an application for rezoning 1 and gap housing Density bonus? X Yes No If yes, state date of application Filed i ' th any accompanying Division, 2800 North to the Collier County are proposed Vthe applicant, if any, on the property and the in conjunction with the affordable, workforce and if the request has been approved, state th rdinance number 3. Gross density of the pro sed development. 6.97 unit pre. Gross acreage of the posed development. 29.69 acres, 4. Are affordable -wo force housing density bonus units sought conjunction with an application for a plann unit development (PUD)? X Yes If yes, please state a and location of the PUD and any other identifying ormation. The east 5. me of applicant Home Dynamics Naples, LLC /Name of land developer if not the same as Applicant; P: \CPW1n \H1story\070529_0001 \3040,07 Page 25 of 32 r -wr vvuna noaveyavr wta_v vnww.vr Page 26 of 32 I Total Number of Units in Development Owner Rental Occupied Efficienc One Bedroom Two Bedroom Three Bedroom Other Bedroom TOTAL TABLE 11 GAP INCOME 81 -150% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedro Oth AL 207 Total Number Proposed Use for Affordable -Wor Density Bonus Units force Units in Develop t P:1CPWinlHistory1070529_0001 \3040.07 pwner Owner Occupied Rent Occupied I 0% of approved density if base density is exceeded 10% of approved density All (if base density is exceeded) Page 27 of 32 61-NORCE INCOME 61- U MI ciency 1 Bed 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 51 -60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL VERY LOW INCC 50% OR LESS MI Efficiency 1 Bedr RfV 10% of approved density (if base density is exceeded) All Other _ TOTAL _ P; \CPWIn\HIstory\070529_0001 \3040,07 density is Page 28 of 32 a 7. lease provide a physical description of the affordable - w/mb ts by type unit (very law inc e, low income, workforce income, gap income) anr of rooms, Include in your d ription, for example, the square footage of efloor coverings used throughout unit (carpeting, tile, vi nyl flooring); windos; appliances provided such as washer /dryer, 'shwasher, stove, refrigerator; bathroom uch as ceiling exhaust fans; and any other amenit as applicable. Attach additional p bit "D" if needed. All homes in the Boxwoo UD, including the homes erved for affordable - workforce income purchasers, will shay any common feature OUTSIDE Mediterranean S -Style cement the roof Brick paver driveway, walkway, porc pati Covered entry Covered patio Professionally landscaped, y sodded homesite Stucco exterior with skip owe] finish & decorative bands New hurricane code c struction Built to new Flori uilding codes Hurricane shutt s on all exterior windows & sliding glass doors Raised pane teel garage door, pre -wired for door opener Coach li at garage White ectroplated aluminum window frames with screens Six anel entry door nted stucco soffits Weatherproof GFI electrical outlets Two hose bibbs P:\CPWln\Histury\070529—OD0113G40.07 Page 29 of 32 Ten year structural warranty 4�ito treated foundation Steel 'nforced concrete foundation INSIDE 13" X 13" Ceramic flooring in kitchen, baths & foyer in choice of c rs Upgraded stain - resistant eting in choice of colors Upgrade 7/16" 6 Ib, density p ding High - efficiency central air condit ing & heating system w' programmable thermostat Air conditioned laundry area with ce is flooring & co enient vinyl shelving Full size washer & dryer 40 gallon double element, quick recovery, en y ficient water heater Front door chime Two Panel with inset arch interior doors upgrad thumb - -latch handle set at entry door. Raised panel bi -fold doors on closets Walk -in closets in all master bedroo s with A/C vents Ventilated shelving in all closets Energy- efficient R -19 ceiiin sulation Colonial baseboards thro out Smoke detectors Marble window sil All bedrooms ving room pre -wired for cable All bedroo iving room & kitchen pre -wired for telephone Pre -wire or ceiling fans in all bedrooms & living room \3040,07 Page 30 of 32 A 18 cubic foot frost free refrigerator equipped with icemaker " self - cleaning oven range with four bumers Built microwave with hood light Multi -cy dishwasher Choice of w e or bisque appliances Stainless steel ble basin kitchen sink Food waste disposa European -style upper ower Pantry for added storage Breakfast area in selected mo 13" x 13" ceramic tile flooring Shower stall with clear glass Decorator faucets in all baths Elongated commode in all b 13" x 13" ceramic tile E in cabinetry with easy -care mA counter tops in m%ter bath 6" x 6" ceramic tile o a)ls in the wet areas Medicine cabinet' master baths 42" high mirro in all baths Decorator li ting Mica va y with drop -in porcelain sinks in baths Fea es may vary depending on home selection. Builder reserves the right t \ubstitute ipment, materials and appliances. Features, specifications, dimensions, dd prices subject to change without prior notice, :ICP W In\Hfstory1070529_000113040.07 Page 31 o132 homes reserved for affordable- workforce housing purchasers will be two and oom, two bath units in multi - family buildings. Each home will be owned by purcn>ter. All of the wood homes will have periodic exterior painting provide or by the Boxwood Community A ciation. The monthly homeowner's fee will also co r the cast of basic cable television se ' e, common areas and a community caban ath and pool area, where residents and guests m wim or just relax. The monthly fe as not yet been finally determined, but is anticipat to be approximately $180 month. 8. Please supply any other informati \wlhich /'bonus onably be needed to address this request for an affordable, workforce, and gap for this development. Attach additional pages if needed. P:\CPW [n \History\070529_0001 \3040.07 Page 32 of 32 �y6� 8 9 i0777 � ,a Iry 'JUL 2001 1. ORDINANCE NO. 07- 55 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE RESIDENTAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE BOXWOOD RPUD LOCATED AT THE EASTSIDE OF COLLIER BOULEVARD (CR 951) 1/4 MILE OF VANDERBILT ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 29.9 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane, AICP, of Holes Montes, Inc., representing Home Dynamics Naples, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for the Boxwood RPUD in accordance with the Exhibits attached hereto as Exhibits A through G and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PUDA- PL20130000141 TUSCANY POINTE (FKA BOXWOOD PUD) Attachment B Page 1 oft PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this .2G day of 2007. ATTEST: DW104- 81 BROCK, CLERK Attest as , p� a �Dep y erc Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' JAMES N. COLETTA, CHAIRMAN —y� .� Ce Marjori M. Student - Stirling <� Assistant County Attorney This ordinance fil_d with Sec r tcry of State's Office thc- -3day of� and acknowledgeme'h thu.t Win recei of ved this day of . _-Z'� .s. `,/ — Deputy CiMr% Boxwood; PUDZ- 2005 -AR -8379 Page 2 of 2 EXHIBIT A FOR BOXWOOD RPUD ALLOWABLE USES PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Boxwood (RPUD) Residential Planned Unit Development. General permitted uses are those uses which generally serve the developer and residents of the Boxwood RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Land Development Code, 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in the Land Development Code. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. 7. Any other use, which is comparable in nature with the foregoing use, consistent with the permitted uses and purpose and intent statement of this RPUD, as determined by the Board of Zoning Appeals. 2. RESIDENTIAL SUBDISTRICT A. Principal Uses: 1. Single- family detached dwellings; 2. Single - family attached dwellings; G:\DeRuntz\Rezoning%0pen PUD Pctitions\AR -8379 Boxwood RPUD\Applications�Revised Application per Marjorie 6 -18 -07 (23).doc Page 12 cf 25 3. Two - family patio and zero lot line; 4. Townhouse (TH) and multi - family; 5. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ") by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and clubhouse, screen enclosures, and facilities for lawn care and maintenance. The location of the recreational area is depicted on the RPUD Master Plan. 3. PRESERVE SUBDISTRICT The RPUD Master Plan provides for 4.15 acres of preserve area that shall be recreated that constitutes the minimum acreage required in accordance with Land Development Code created preserve requirements and the GMP. The cross sections for the re- created preserve area are set forth in Exhibit "C" of this Ordinance. The cross sections for the topographic profile of the re- created preserve area are set forth on composite Exhibit "G" of this Ordinance. The agricultural clearing permit issued in November 1987 for the two southern parcels required three preserve areas totaling 2.9 acres to remain in place. These preserve areas have been cleared without a permit. One - hundred percent of the impacted preserve areas shall be re- created on the property. In addition, the northern parcel was also cleared without a permit. The acreage of native vegetation on the 1975 aerial has approximately 5.0 acres. Twenty -five percent (1.25 acres) of this area shall be re- created as a preserve area. In summary, a total of 4.15 acres of preserve shall be required to be re- created as a preserve area. This preserve area shall be connected to the preserve area on the Bucks Run development to the south. A. Permitted Uses and Structures: 1. Passive recreation areas; 2. Water management in wetlands and water management structures; 3. Mitigation areas; 4. Boardwalks and trails that do not reduce the minimum amount of required vegetation to be preserved. G:1DeRuntz\RezoninglOpen PUD Petilions\AR -8379 Boxwood RPUDWpplicalions\Revised Application per Marjorie 6 -18 -07 (23).doc Page 13 of 25 4. MAXIMUM DWELLING UNITS The maximum dwelling units shall be two - hundred and seven (207). 5. DEVELOPMENT STANDARDS The following table sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the site development plan or subdivision plat. GM)eRuntz\Rezoning \Open PUD Petitions\AR -6379 Boxwood RPUD\Applications\Revised Application per Marjorie 6-18-07 (23).doc Page 14 of 25 EXHIBIT B FOR THE BOXWOOD RPUD TABLE RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE SINGLE TWO- FAMILY, MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY PATIO & FAMILY RECREATION MINIMUM LOT AREA 5500 S.F. PER ATTACHED & ZERO LOT 2100* BUILDINGS REAR UNIT TOWNHOUSE LINE S.F. PER UNIT 5 FEET PRINCIPAL STRUCTURES 23 FEET 23 FEET 23 FEET 23 FEET 23 FEET MINIMUM LOT AREA 5500 S.F. PER 1800 4500 2100* N/A REAR UNIT S.F. PER UNIT S.F_ PER UNIT S.F. PER UNIT 5 FEET MINIMUM LOT WIDTH Interior 50 FEET 30 FEET 40 FEET N/A N/A DISTANCE BETWEEN PRINCIPAL STRUCTURE Exterior 60 FEET N/A N/A N/A N/A MINIMUM FLOOR AREA 1200 ST 1200 SX 1200 S.F. 1000 S.F.M.U. N/A MIN FRONT YARD 23 ** FEET 23 ** FEET 23 ** FEET 23 ** FEET N/A MIN SIDE YARD 5 FEET 5 FEET or 0 12 FEET or 0 0 or 15 FEET 20 MIN REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET Ao MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE 10 FEET Not less than 20 Not less than 12 Not less than 20 10 FEET BETWEEN STRUCTURES feet between bld s. feet between bid s, feet between bld s, MAX. BUILDING HEIGHT 25 FEET within 25 FEET within 25 FEET within 25 FEET within 25 FEET within NOT TO EXCEED two stories height two stories height two stories height two stories height two stories height as zoned but not to as zoned but not to as zoned but not to as zoned but not to as zoned but not exceed thirty -five exceed twenty -five exceed twenty -five exceed twenty -five to exceed twenty - feet actual height. feet or 35 feet fee or 35 feet feet or 35 feet five feet or 35 actual. actual. actual. feet actual. ACCESSORY STRUCTURES FRONT 23 FEET 23 FEET 23 FEET 23 FEET 23 FEET SIDE SPS SPS SPS SPS SPS REAR 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET i0 FEET 10 FEET 10 FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE N/A N/A N/A N/A N/A MAX. BUILDING HEIGHT NOT TO EXCEED SPS SPS SPS SPS 20 FEET S.P.S. = Same as Principal Structures BH = Building Height GA\DeRuntARczoning \Open PUD Petitions\AR -8379 Boxwood RPUMApplicationA Revised Application per Marjorie 6 -I8 -07 (23).doc Page 15 of 25 GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and /or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes- * The minimum area for multi- family use is 10,000 square feet but each individual unit maybe a minimum of 2100 square feet ** Where a lot is located at the intersection of two streets the front yard setback shall only apply to the street on which the entrance is located, and the side requirement shall apply on the adjacent street. Where side entry garages are provided, the front yard setback may be reduced to 20 feet. A separation shall be maintained along the northern property line as currently shown on the RPUD Master Plan to maintain a minimum of 100 feet to the east of the maintenance area in Vanderbilt Beach Country Club. This area may be used for right - of -way, open space, or recreational use. A one -story recreational building shall be permitted in this area at a location depicted on the RPUD Master Plan. GMeRuntztRezoning\Open PUD Petitions\AR -8379 Boxwood RPUMApplicationsTevised Application per Marjorie 6 -18.07 (23).doc Page 16 of 25 i .16 BUFFER TYPE 'B" VANDERBILT PRINCIPAL. COUNTRY 2-STORY CLUB-PUD rREC. / DRAINAGE AREA RESIDENTIAL I" zk'� I I - NO BUILDINGS 35' SETBACK 1'/ACCESSORY V�'l ----------------- --------- - -- - - ----- REC. 9I.C. ----------------- ---------- ------ 20' SETBACK WALL-\ II ZONING "A" BUWN0 %MACH Do'___ .F - - - 109' SMACK ACCESS 42' STREET R.O.W. i < 1 60' 15. BUFFER A IML:A Li -c Vol WALL rEIERM CAN BE SHARED WITH SUCKS RUN *.-�-:_*4L� --- --- - - --- - - - - - - - - - - - - - Z . . . . . . . . . . . . `BERM CAN BE SHARED WALL V.- BUFFER TYRE 'A* OR 15' BUFFER TYPE 'El" i "TH BUCKS RUN TO BE DETERMINED DURING SITE DEVELOPMENT PLAN DR PLAT REVIEW. BUCKS RUN MPUD SUCKS RUN mPUD A 47 RAM LAND USE TABLE 4' MOTE; PAVED PAVIDD SINCE THIS IS A TOWNHOUSE DEVELOPMENT WITH TOTAL SITE - 29.69 ACRES INDIVIDUAL DRIVEWAYS AND GARAGES, SACKING ONTO A STREET IS ALLOWED (INCLUDING PARKING Roor }.36 ACRES :t 18.05 X AT THE RECREATION CENTER AND GUEST PARKING) ........................ . PV$47./CURBS 3.60 ACRES ± 12.12 2 DRIVEWAYS 2.04 ACRES * 6.87 % I C O SIDEWALKS 1.78 ACRES ± 6.00 x MIN. OPEN SPACE - 60 X Ar Par- WAASY wm POOL & DECK 0.06 ACRES t 0.2 C % OPEN SPACE - 62.95 x 0 LAKE 1.89 ACRES t 6.37 , X 'OPEN SPACE INC..LVDES, BUT IS NOT LIMITED TO, THE PRESERVE 4.15 ACRES :1, 13.98 % LAKES, PRESERVES. GRASS AND LANDSCAPE AREAS, GRASS/LANDSCAPE 10.81 ACRES ± 36.41 X SIDEWALKS, POOL AND POOL DECK. 0 1 i/r AvIi&T rm s-i of m urn TOTAL 29.69 ACRES ± 100-00 X (1) W. L"mom Im MAXIMUM NUMBER OF DWELLING UNITS @ ir sTmLUDD, pmwjx 29-69 AC. x 6,97 UNITS/AC, e 207 UNITS STIRROT SECTION Arm .q M t2l� L w oy ma -7 -- BOXWOOD RPUD . - NopbF341 W RPUD CONCEPTUAL 7LIO 4217 -1 PtA-")26F2090 EXHIBIT C N LfiMOwTe9 Fillft 0.10-b MASTERPLAN — I- — a 2004,112 FYWIAIT C 3 C7 cz 42' R.O.W. 5' SIDEWALK 4' NEAR 2' 10 10' 2' 4' CLEAR 5' 1' PAVED PAVED 1 .01_ft /ft .02ftft J2ft/ft ...` t 01 ft C B 24" CONC. VALLEY GUTTER w 0 1 1/2" ASPHALT TYPE S-1 IN TWO LF75 �8 ► a" UMEROac SASE 1 Y STABIL.IT.ED SUBORADE r r ` r , a ! �1 w JWJ __J_ _. 850 Enoore Way �1 aw rtt wrrr DRAIM "o. °""'"'v DAM Naples, FL. 34110 BOXWOOD elf VD �.�1�QHl SK121705 GHMCM --LL °"� Ho�.,E MMMS 'Florida C a "° •C, W. SECTION , ,Q 1"wT M" MMILM-mm AuthotizabonNo.1772 EXHIBIT C -1 20014.112 EXHIeIF C -1 H: \ 2004 \2004112 \DW\PU0 \4112R0W.dwq Tab: Layoutl JAcy 07, 2007 — 12: 27pm Plotted by. DownSuzor SECTION "C —C" 'i WITHOUT PARKING NORTH PROPERTY LINE SECTION "D -0" WITH PARKING NORTH PROPERTY LINE SECTION "E —E" EAST PROPERTY LINE w DW y li r�ia n d BOXWOOD RPUD �VIPOWFL 31+ +0 RPUD NORTH & EAST PROPERTY "'"�"' 112PUD -XS 4207 -4n EXKMT C -2 „ HOLE hicof B F= Ic.+ oe CROSS SECTION "'° 2004.712 EX)N81T C -2 EXHIBIT D FOR THE BOXWOOD RPUD LEGAL DESCRIPTION LEGAL DESCRIPTION The subject property being 29.69± acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: The north 1/z of the south 117 of the northeast 1/4 of the southwest 1/4 of Section 35; plus the south 1/2 of the south 1/2 of the northwest 1/4 of the southwest 1/4, less the west 100 feet and the south t/z of the south 1/2 of the northeast 1/4 of the southwest 1/4 of Section 35, Township 48 South, Range 26 East, Collier County, Florida. G:\DeRuntzTezoning\OpenFUD PoitionAAR -8374 Boxwood RPUMApplicationsTevised Application per Marjorie 6 -18 -U7 (23).doc Page M of 25 EXHIBIT E FOR THE BOXWOOD RPUD LIST OF REQUESTED DEVIATIONS FROM THE LAND DEVELOPMENT CODE PRIVATE ROADWAY WIDTH The private roadway shall have a 42 foot right -of -way width. This is a deviation from the 60 foot right -of -way width specified in Section 6.06.01 of the Land Development Code. (Deviation l.) The justification for this deviation is that this right -of -way width can he found sufficient to accommodate travel lanes, drainage facilities, and utilities. GADeRmtz\Rezoning \Open PUD Petitions\AR -8374 Boxwood RPUMApplications\Revised Application per Marjorie 6 -18.07 (23),doc Page 21 & 25 EXHIBIT F FOR THE BOXWOOD RPUD DEVELOPER COMWTMENTS 1. TRANSPORTATION REQUIREMENTS A. All traffic control devises, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. B. If a gate is proposed at any /or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent roadway. To meet this requirement, the following shall be the minimum requirements to achieve that purpose: The minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. A turn around area of sufficient width and with sufficient inside turning radii shall be provided between the aforementioned key pad/phone box and the proposed gate. C. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). D. Access Points shown on the PUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property boundary. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. E. Site - related improvements (as opposed to system - related improvements) necessary for safe ingress and egress to this project, as determined by County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to commencement of on -site construction. F. Nothing in any Development Order (DO) shall vest a right of access in excess of a right- in/right -out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the Developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing at any time which is found to be adverse to the health, safety, and welfare of GADeRuntz\Rezoning \Open PUD Petitions\AR -8379 Boxwood RPUMApplications\Revised Application per Marjorie 6 -18 -07 (23).doc Page 22 of 25 the Public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. G. If any required turn lane improvement requires the use of existing County Rights -of- Way or easement(s), then compensating Right -of -Way shall be provided at no cost to Collier County as a consequence of such improvement(s) upon final approval of the turn lane design during the first subsequent development order. The typical cross section may not differ from the existing roadway unless approved, in writing, by the Transportation Division Administrator or his designee. H. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign, pavement marking improvement within a public Right of Way or Easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, is determined to be necessary, the cost of such improvement shall be the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the appropriate corresponding CO. I. No CO shall be issued for residential dwellings until such time as Collier Boulevard is widened to six lanes from Immokalee Road (CR 846) to Vanderbilt Beach Road (CR 862). J. A northbound right turn lane shall be required prior to commencement of on -site construction. No other work shall be performed within the site boundaries until all development commitments have been met with regard to improvements within the public rights -of -way. No southbound left median opening shall be allowed. K. If the existing access bridge over the canal is widened or otherwise modified, appropriate permits shall be obtained from the South Florida Water Management District. L. A shared access shall be provided to the property to the north. Placement of a gate on the main access roadway into this project shall be located so as to allow sufficient shared access with the adjoining project to the north. The interconnection shall be located approximately 300 feet (to centerline) from the CR 951 right -of -way, as shown on the conceptual plans. The interconnection may be less, but shall be reviewed by Transportation Staff. The interconnection shall be no less than 200 feet from the existing CR 951 right -of -way. 2. UTILITY REQUIREMENTS A. The property owner shall reserve two areas to be conveyed for a raw water well easement with a dimension of 40 feet by 40 feet for each area, and associated utility and access easements to connect them with a public right -of -way within this RPUD. The utility and access easements shall be 20 feet wide unless the well sites are contiguous to public right -of -way, in which case they should be 16 feet wide. The locations of the two well fields are depicted on the RPUD Master Plan. This conveyance /dedication shall occur at the time of Site Improvement Plan (SDP) or plat approval or similar process for the area within the development phase that contains the easement. The proposed easement areas shall be approved by the County Utilities Staff and shall be Q\DeRuntztRezoning`Open PUD Petitions\AR -8379 Boxwood RPUMApplications\Revised Application per Marjorie 6 -18 -07 (23).doe Page 23 of M conveyed to the County Water and Sewer District and shall meet the applicable setbacks for water wells. B. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of the project developer. A. A berm may be shared with the property to the south, the Bucks Run MPUD, along the common property line. B. An agreement shall be entered into between the Bucks Run MPUD and Boxwood RPUD to govern maintenance of the common area prior to the issuance of the subdivision plat. 4. AFFORDABLE HOUSING The developer has committed to construct 20% of the project's 207 dwelling units as GAP and workforce housing units in exchange for a density bonus of 3.0 dwelling units per acre. S. ENVIRONMENTAL REQUIREMENTS A. A Big Cypress Fox Squirrel Management Plan shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. If protected species may be impacted, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to site plan/construction plan approval. B. A cross section of the re- created preserve area, depicting topographic features, is attached as Exhibit G. 6. WALLS A. Exhibit C -2 depicts the proposed wall and landscaping treatment along the north and east property lines. B. The wall to be constructed along the north and east property lines shall be constructed at the earliest time possible during preparation of the site for development. The landscaping shall be installed at the time of the issuance of the first building permit. C. The wall along the south property line shall be a concrete block wall or a pressure heated wood fence. GA VeRunlz\Rezoninglopen PUD PetitionsXAR -8379 Boxwood RPUDWpplications\Revised Application per Marjorie b -18 -U7 (23).doc Page 74 of 25 This space for recording AGREEMENT AUTHORIZING AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2007, by and between Home Dynamics Naples, LLC (the "Developer ") and the Collier County Board of County Commissioners (the "Commission "), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of 207 residential units (the "Units ") at a density of 6.97 units per gross acre on the Property. The gross acreage of Property is 29.69 acres. The number of affordable- workforce housing units constructed by Developer shall be 20 percent of the total number of residential Units approved in development orders issued for the Property. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90 -89, now codified by Ordinance 04 -41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer Page 1 of 32 4/12/06 authorizing the construction of 3.0 bonus Units on the Property, if the Developer agrees to construct Affordable- Workforce Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 3.0 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct up to 42 units in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable, workforce and gap Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90 -89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development P:\CPWinlHistory\070529-0001\3040.07 Page 2 of 32 (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three- step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable, workforce, and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, workforce, or gap income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable, workforce, and gap units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a very low, low, workforce, or gap income family for the purpose of owning and occupying an affordable - workforce housing unit pursuant to the affordable - workforce housing density bonus program. The Preliminary Application for affordable- workforce housing unit shall be provided to Collier County Housing and Grants Section as shown in Appendix B, Exhibit A, attached to this Agreement and P:1C P W i n1Hi story1070529_000113040.07 Page 3 of 32 incorporated by reference herein. (b) Income Verification and Certification. No affordable- workforce housing unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the affordable - workforce housing applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The affordable - workforce housing Applicant Income Verification form shall be provided to the Housing and Grants Section as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable- workforce housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable - workforce housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable- workforce housing unit under the affordable - workforce housing density bonus program. The affordable - workforce Housing Applicant Income Certification form shall be provided by the Housing and P: \CPWin \History\070529_000113040.07 Page 4 of 32 Grants Section as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Housing and Grants Section upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Housing and Grants Section an annual progress and monitoring report regarding the delivery of affordable- workforce housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Housing and Grants Section. Failure to complete and submit the monitoring report to the Housing and Grants Section within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No affordable - workforce unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4.0 units per acre, ( 3.97 units per acre is used of the base density of 4.0 units per acre) and is therefore granted a density bonus of 3.0 density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of 6.97 units /ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number P:\CPWin\History\070529-0001\3040.07 Page 5 of 32 of 207 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable, workforce, or gap Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable - workforce housing unit provided under the affordable - workforce housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Grants Section or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return - receipt requested U.S. Mail, or hand - delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable- workforce units in accordance with this Agreement or LDC § PACPW 1nlHistory 1070529_000113040.07 Page 6 of 32 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.06.00, as amended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Housing and Grants Section 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Alejandro J. Delfino Home Dynamics Naples, LLC 4788 West Commercial Boulevard Tamarac, Florida 33319 P:\CPWin\Hlstory\070529-0001\3040.07 Page 7 of 32 With copy to: Richard D. Yovanovich Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North Suite 300 Naples, Florida 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement P:\CPWin\History\070529-0001\3040.07 Page 8 of 32 constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable, workforce, or gap housing unit shall be restricted to remain and be maintained as the required affordable, workforce, and gap housing as provided in the LDC §2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable- workforce housing unit, it must advertise sell, and maintain the same in a non- discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable- workforce housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable- workforce units. e. The affordable - workforce housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable, workforce, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for affordable- workforce housing Density Bonus shall be the same for market rate units and affordable- workforce units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for P:\CPWin\History\070529-000113040.07 Page 9 of 32 Affordable - Workforce Housing Density Bonus shall be the same in both the market rate units and the affordable - workforce units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable, workforce, and gap units are the same within each phase and provided that in no event may a market rate unit or affordable- workforce unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing. The percentage of affordable- workforce housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 20 percent affordable - workforce housing units for this project with 20 percent of the units in each phase built consisting of affordable- workforce units 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable- workforce housing unit or units, which units in the development are designated as affordable- workforce housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable- workforce housing units and the amount of affordable - workforce housing density bonus approved for the development. 20. Affordable- Workforce Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the P:\CPWin\History\070529-0001\3040.07 Page 10 of 32 Development Services Department the Developer Application for Affordable- Workforce Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the,�lay and year first above written. ATTEST: DWIGkiT E. BRQCK, Clerk I Attes •s ti,) C"ir Irvin Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J ES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency: �e.. Marjori . Student - Stirling Assistant County Attomey P: \CP W in \History\070529_000113040.07 Page 11 of 32 DEVELOPER; Home Dynamics of Naples LLC STATE OF FLORIDA COUNTY OF COLLIER 4788 West Tamarac, Ft,6-1-"Ar MA'#461W4 Witness By: Printed Name tiap Vj Title: Witness By- Printed Name- Title., The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by-ZwL.A F=Qg as who is personally known to n or has produced as identification, VAITMS my hand and official scat this day of ' 2W% Notary Public oe PAW 11 W COMM0101MOMI My Commission Expires: EXPWS: F*Mq 22,2009 EXHIBIT A HDriv*:Usm:akqandradefto:Docuffwnts:M4=olt User Daft:Saved Aff*tm&ft:REVtSFD AFFORDABLE HOUSING AGREEMEW 070504(15).CLEAN.dm Page 12 of 31 DEVELOPER: Home Dynamics Naples, LLC 4788 West Commercial Blvd. Tamarac, Florida 33319 Witnesses: Witness By: _ Printed Name Title: Witness By: _ Printed Name Title: STATE OF FLORIDA ) COUNTY OF COLLIER } The foregoing Agreement Authorizing Affordable, Workforce, and Gap Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 2007. Notary Public My Commission Expires: P:\CPWinlHistory\070529-0001\3040.07 Page 12 of 32 EXHIBIT A LEGAL DESCRIPTION The subject property being 29.69± acres is located in Section 35, Township 48 South, Range 26 East, and is more fully described as follows: The north' /2 of the south ' /z of the northeast ' /o of the southwest'/ of Section 35; plus the south '/2 of the south Y2 of the northwest' /4 of the southwest 1/4, less the west 100 feet and the south 1/2 of the south '/2 of the northeast '/ of the southwest' /4 of Section 35, Township 48 South, Range 26 East, Collier County, Florida. P:1CPW In \HlstoryN070529_0001\3040.07 Page 13 of 32 APPENDIX A, EXHIBIT B AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable- workforce units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, workforce, and gap income households in Collier County. The affordable - workforce housing density bonus rating system shall be used to determine the amount of the affordable - workforce housing density bonuses which may be granted for a development based on household income level and percentage of affordable, workforce, and gap housing units in the development. To use the affordable - workforce housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, workforce, or gap) of the affordable - workforce housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of affordable- workforce housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable - workforce housing density bonus (AWHDB) available to that development. Developments with percentages of affordable - workforce housing units which fall in between the percentages shown on Table A shall receive an affordable - workforce housing density bonus equal the lower of the two percentages it lies between plus 1 /10th of a residential dwelling unit per gross acre for each additional percentage of affordable - workforce housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable- workforce housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable - workforce housing density bonus (AWHDB) of 4.4 residential dwelling units per gross acre for the development. in no event shall the affordable- workforce housing density bonus exceed eight (8) dwelling units per gross acre. P:\CPWin\History\070529—OOOlk3O4O.O7 Page 14 of 32 APPENDIX A. EXHIBIT B AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Summary Table (1) Base density 3.96 units per acre. (2) Gross acreage 29.69 (3) Density Bonus= 3.0 dwelling units per acre calculated as follows: One density bonus units per acre for 10% of the units being sold to individuals or families earning between 81 % and 150% of the MI and two density bonus units per acre for 10% of the units being sold to individuals or families earning between 61 % and 80% of the MI. (4) The total number of units is 207 of which 21 units will be being sold to individuals or families earning between 81 %and 150% of the MI and 21 units will be sold to individuals or families earning between 61% and 80% of the MI. The total number of affordable units for both GAP and Work -force housing is 42 units or 20% of the total number of units. P:\CPWin\HistoryN070529-0001QO40.07 Page 15 of 32 APPENDIX A, EXHIBIT B AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE- WORKFORCE HOUSING DENSITY BONUS RATING MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT DESIGNATED AS AFFORDABLE - WORKFORCE HOUSING Household Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% (% median 81 -150% Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a (Gap) 61 -80% Workforce M1* 2 3 5 8 8 8 8 8 8 8 51 -60% Low MI 3 4 6 8 8 8 8 8 8 8 50% Very Low or less 4 5 7 8 8 8 8 8 8 8 MI *Owner- occupied only "May only be used in conjunction with at least 10% at or below 80% MI Total Maximum Allowable Density = Base Density + Affordable - Workforce Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. P_\c P W in\History\070529_0001 \3040.07 Page 16 of 32 APPENDIX A, EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74 -402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2005 $63,300 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low - Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME 1 2 3 4 5 6 7 8 150% 73,350 83,700 94,200 104,70 113,10 121,50 129,90 138,15 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 • 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low - Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME P ;\CPWinlHistoryk07O529_0001 \3040.07 Page 17 of 32 ONE BEDROOM UNIT TWO BEDROOM UNIT THREE BEDROOM UNIT FOUR BEDROOM UNIT 150% $1,961 $2„355 $2,720 $3,034 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 P ;\CPWinlHistoryk07O529_0001 \3040.07 Page 17 of 32 0 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR BIR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. P: \CPW in \History\070529_000113040.07 Page 18 of 32 APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE - WORKFORCE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes — No Co- Tenant Name Race/National Origin: Handicap: Yes — No _ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title P1CPW (n\History\070529_000113040.07 Page 19 of 32 Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Previous Employers Name Address and Telephone No. Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 2. — 3. — PERSONAL REFERENCES (Not Relatives) 1. Name: Address:_ 3.2. Name: Address: Known: P:\CPWin\History\070529-000i\3040.07 Page 20 of 32 SOCIAL SECURITY How Long Known: How Long APPENDIX B2 EXHIBIT B AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co- Tenant's Name: : Social Security Number Social Security Number Present Address: Street City State I hereby make application for a single family unit at — I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. P: \CPW in \History\070529_0001 \3040.07 Page 21 of 32 Applicant Co- Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages /Salary $ $ $ $ Bonuses $:--::: $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $� $ $ $ Food Stamps $ .$ $ $ Social Security $ $� $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ P: \CPW in \History\070529_0001 \3040.07 Page 21 of 32 Widows Benefits $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. P:\GPWin\History\070529-0001\3040.07 Page 22 of 32 APPENDIX % EXHIBIT C AFFORDABLE - WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: _. Street I, (Applicant) on this certification form. City State Zip hereby authorize the release of information requested Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) My Commission Expires: P:\CpWin\Hlstory\070529-0001\3040-07 Page 23 of 32 as Notary Public 2007. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of (notary seal) Notary Public Annually as 2007. My Commission Expires: THE INCOME CERTIFICATION RETURN OR REQUESTED H OCCUPANT FORM FILED OTAND WILL OCCUPY THE AFFORDABLE - WORKFORCE UNIT. P_\C P W i n \Hi story \070529_0001 \3040.07 Page 24 of 32 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE - WORKFORCE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Housing and Grants Section. All items requested must be provided. I . PIease state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; PUP, 29.69 acres 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? X Yes No If yes, state date of application Filed initially in 2005 and resubmitted as Affordable 6/2006 and if the request has been approved, state the Ordinance number NIA. I Gross density of the proposed development. 6.97 units /acre. Gross acreage of the proposed development. 29.69 acres. 4. Are affordable - workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. if yes, please state name and location of the PUD and any other identifying information. The Boxwood RPUD is located in the northwest half of Section 26 Township 48 South Range 26 East a roximatel '/2 mile east of the intersection of Collier Boulevard CR -951 and Immokalee Road CR -846 . 5. Name of applicant Home Dynamics Naples LLC Name of land developer if not the same as Applicant: Same P: \CPW In \H(story\070529_0001 \3040.07 Page 25 of 32 6. Please complete the following tables as they apply to the proposed development. P:1CPW i n\History1070528_000l13040.07 Page 26 of 32 TABLE I Total Number of Units in Development Owner Type of Occupied Unit Rental Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom 207 TOTAL TABLE II Number of Affordable- Workforce Housin Units Total Number of Proposed Use for Affordable -Work- Density Bonus Units force Units in Development Owner Owner Rental Occ� d Rental Occupied GAP INCOME 81 -150% MI Efficiency I Bedroom 10% of approved density 2 Bedroom if base density is exceeded 3 Bedroom --- -- Other TOTAL 10% of approved density All (if base density is exceeded) P: \CPwin \History\070529_0001 \3040.07 Page 27 of 32 WORKFORCE INCOME 61 -80% MI Efficiency 1 Bedroom 10% of approved densit y. All 2 Bedroorn (if base density is exceeded) 3 Bedroom Other --- �- 10% of approved density All TOTAL (if base density is exceeded) LOW INCOME 51 -60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 0 0 VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom �--- Other TOTAL 0 -- 0 -�. P: \CPWin \History\070529_0001 \3040.07 Page 28 of 32 7. Please provide a physical description of the affordable- workforce units by type of unit (very low income, low income, workforce income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer /dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in the Boxwood PUD, including the homes reserved for affordable- workforce income purchasers, will share many common features: OUTSIDE Mediterranean S -Style cement tile roof Brick paver driveway, walkway, porch & patio Covered entry Covered patio Professionally landscaped, fully sodded homesite Stucco exterior with skip trowel finish & decorative bands New hurricane code construction Built to new Florida building codes Hurricane shutters on all exterior windows & sliding glass doors Raised panel steel garage door, pre -wired for door opener Coach light at garage White electroplated aluminum window frames with screens Six panel entry door vented stucco soffits Weatherproof GFI electrical outlets Two hose bibbs P: \C P W f n \Hlstory\070529_000 113040.07 Page 29 of 32 Ten year structural warranty Termite treated foundation Steel reinforced concrete foundation INSIDE 13" X 13" Ceramic tile flooring in kitchen, baths & foyer in choice of colors Upgraded stain - resistant carpeting in choice of colors Upgrade 7/16" 6 lb. density padding High - efficiency central air conditioning & heating system with programmable thermostat Air conditioned laundry area with ceramic flooring & convenient vinyl shelving Full size washer & dryer 40 gallon double element, quick recovery, energy efficient water heater Front door chime Two Panel with inset arch interior doors and upgraded thumb- -latch handle set at entry door. Raised panel bi -fold doors on closets Walk -in closets in all master bedrooms with A/C vents Ventilated shelving in all closets Energy - efficient R -19 ceiling insulation Colonial baseboards throughout Smoke detectors Marble window sills All bedrooms & living room pre -wired for cable All bedroom, living room & kitchen pre -wired for telephone Pre -wired for ceiling fans in all bedrooms & living room Circuit breakers KITCHEN P: \CP W in \History\070529_0001 \3040.07 Page 30 of 32 18 cubic foot frost free refrigerator equipped with icemaker 30" self - cleaning oven range with four burners Built -in microwave with hood light Multi -cycle dishwasher Choice of white or bisque appliances Stainless steel double basin kitchen sink Food waste disposal European-style upper & lower cabinetry with easy -care mica counter tops Pantry for added storage Breakfast area in selected models 13" x 13" ceramic tile flooring BATH Shower stall with clear glass enclosure in master bath Decorator faucets in all baths Elongated commode in all baths 13" x 13" ceramic tile flooring 6" x 6" ceramic tile on walls in the wet areas Medicine cabinet in master baths 42" high mirrors in all baths Decorator lighting Mica vanity with drop -in porcelain sinks in baths Features may vary depending on home selection. Builder reserves the right to substitute equipment, materials and appliances. Features, specifications, dimensions, designs and prices subject to change without prior notice. P:\CPWin\History\070529 0001 \3040.07 Page 31 of 32 The homes reserved for affordable- workforce housing purchasers will be two and three bedroom, two bath units in multi - family buildings. Each home will be owned by the purchaser. Painting provided for by the Boxwood All of the Boxwood homes will have periodic exterior will also cover the cost of basic Community Association. The monthly homeowner's fee cabana, bath and pool area, where cable television service, common areas and a community n hl fee has not yet been finally nests may swim or just relax. Them Y residents and g er month. determined, but is anticipated to be approximately $180 p $. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. P: \CPWin \History\070529_0001 \3040.07 page 32 of 32 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 2007 -55 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-otficio to Board of County Commissioners Teresa'• Polaski; , Deputy Clerk TERMINATION AGREEMENT THIS AGREEMENT, as entered into on the day of , 2093, between LYNX ZUCKERMAN AT NAPLES LLC (hereinafter referred to as the "OWNER "), and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as "COUNTY "). WHEREAS, HOME DYNAMICS LLC and the COUNTY entered into an Agreement authorizing Affordable Workforce Housing Density, Bonus and Imposing Covenants and Restrictions on Real Property dated .Tune 26, 2007 (hereinafter "Agreement "); and WHEREAS, OWNER, as successor to. Home Dynamics LLC, has petitioned the County to reduce the residential density on its property and terminate the Agreement. NOW, THEREFORE, the parties hereto agree as follows: The Agreement is hereby terminated as of the date of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the date and year last written below. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk WITNESSES: Snigndt�ure :;�&4 t e (tea 1 Printed/Typed Name (2) ,�6.'l� Ll w Signature 77i)i,i A� Printedf typed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. By: GEORGIA A. HILLER, ESQ.,. Chairwoman LYNX ZUCKERMAN A S LLC By: ig n re -e� ZV :1rinted/Typed Name pqrlln tr Printed/Typed Title. 1 of 2 Attachment C Approved as to form and legality: Heidi Ashton-Cicko� Managing Assistant County Attorney 13- CPS - 0121411$ 2of2 Summary of Neighborhood Information Meeting for Tuscany Pointe (FKA Boxwood PUD) PUDA Petition: PUDA- PL20130000141 Date: Thursday May 23, 2013 Time: Commenced at 5:30 PM. Concluded at 6:25 PM Location: St Agnes Roman Catholic Church, 7775 Vanderbilt Beach Rd, Naples, FL Attendance: The meeting was conducted by Bob Mulhere, FAICP, of Hole Montes, on Behalf of the applicant Zuckerman Homes, Inc. Andy Zuckerman, Steve Zuckerman and Ryan Zuckerman were in attendance as well. Nancy Gundlach, AICP, RLA, was in attendance from Collier County staff. 35 members of the public attended representing both Vanderbilt Country Club PUD (north and east of the subject PUD) and Bucks Run PUD (south of the subject PUD). Summary: Mr. Mulhere summarized the PUD Amendment process, with particular emphasis on possible hearing dates for this petition, followed by a summary of the project utilizing an aerial photo with the proposed master plan overlaid on the aerial. Mr. Mulhere listed the major proposed elements of the PUD amendment, including: • Reducing density from 207 to 120 units; • Eliminating the affordable housing density bonus and affordable housing agreement; • Revisions to the proposed master plan, including development standards, landscape buffer widths, planting and wall commitments, setbacks, and potential off -site mitigation for native preservation. A brief presentation was made by Mr. Andy Zuckerman, providing a history of Zuckerman Homes and a summary of their experience, and listing of projects of a similar nature. Questions were then taken from the audience with responses from either Mr. Mulhere or Mr. Zuckerman. After all audience questions were taken, the meeting concluded. There were no statements of opposition to the project. Several attendees made statements of support for the proj ect. Prepared by Robert J. Mulhere, FAICP on May 29, 2013 Attachment D Monday, July 1St, 2013 To Whom it may Concern: The Buck's Run Reserve Homeowner's Association Board of Director's has recently reviewed and highly recommends approval of the re- zoning request for Tuscany Pointe, the new proposed community to be located adjacent to our development to the north. We believe that the rezoning proposal is substantially more in alignment with our type of development and would be a much better fit for the area given the infra - structure and amenities available locally. A number of our current residents, along with our board's Secretary /Treasurer, recently participated in a community session that gave a "glimpse" into the prospective development and we are pleased with the intended changes to the development plans. Sincerely, Buck's Run Reserve Homeowner's Association Steve Walden, President Brain Wyss, Vice President Sue Nelson, Secretary /Treasurer Attachment E GundlachNanc From: Bob Mulhere [BobMulhere @hmeng.com] Sent: Wednesday, July 03, 2013 12:01 PM To: GundlachNancy Cc: Andrew Zuckerman; Stephanie Karol Subject: FW: Tuscany Pointe One very minor change in the VCC letter I just sent you - (I would include this email with that letter as attachment to staff report). The buffer along the east boundary with VCC will be a minimum of 20 feet but will not average 25 feet. Bob Mulhere, FAICP Planning Director HOLE MONTES, INC � J HOLE MON'TES From: Kent Friedman [ mailto :kfriedman1783Ccaearthlink.net] Sent: Wednesday, July 03, 2013 11:52 AM To: Bob Mulhere Subject: Tuscany Pointe Pursuant to our telephone conversation this morning I understand the intention for the buffer on the eastern perimeter is intended to be a minimum of twenty feet. Accordingly, item number 4 of my recent letter to you is deemed amended by the deletion "...and an average of 25 feet." I trust is e-mail will be sufficient confirmation of our understanding of this deletion and confirms the rest and remainder of my letter. Thanks, Kent RB I J COUNTRY CLB 8250 DANBURY BLVD. NAPLES, FL 34120 July 1, 2013 Bob Mulhere, FAICP Director of Planning Hole Montes 950 Encore Way Naples, Florida 34110 Re: Tuscany Pointe PUD Dear Bob: This letter will serve to confirm our understanding regarding the issues we have been discussing with regard to the Tuscany Pointe PUD in relation to the Vanderbilt Country Club community. On behalf of the Vanderbilt Community Association we understand that on behalf of Zuckerman Development Company the Tuscany Point PUD Amendment will: 1. Reduce the maximum dwelling units from 207 to 120; 2. Eliminate the affordable housing density bonus and terminate the density bonus agreement; 3. Ensure a development of single family homes fully compatible with that in the Vanderbilt Country Club Community; 4. Provide for a setback buffer on the eastern perimeter of Tuscany Pointe of a minimum of 20 feet and an average of 25 feet (the "Eastern Buffer "); 5. The Eastern Buffer will have a 2' berm placed on or adjacent to the Tuscany Pointe property line with a six foot wall erected on the top of the berm; 6. Provide for a setback buffer of 72 feet on the northern perimeter of Tuscany Pointe(the "Northern Buffer ") of consisting of a 20 foot landscape buffer, a 10 foot utility and drainage easement and a 42 foot roadway for the Tuscany Pointe residents, excepting that the setback will be reduced to 30 feet on northwest and northeast lots (respectively lots 29 and 30) of Tuscany Pointe; 7. The Northern Buffer will have a 2' berm placed on or adjacent to the Tuscany Pointe property line with a six foot wall erected on the top of the berm; 8. The walls to be erected on both the north and east perimeters will be constructed using masonry concrete block, prefab wall or pressure treated solid wood fence materials. Based upon the foregoing, the Vanderbilt Community Association is supportive of your PUD Amendment. We also appreciate the time and cooperative spirit in which we both have been able to accommodate our individual concerns to reach this understanding. Sincerely, Vanderbilt Community Association --Kent Friedman, President CLUBHousE 239 - 348 -2662 • PROSxor 239 - 348 -2663 • FAx 239 - 348 -3381 • www.vanderbiltcountryclub.com CCPC Meeting Presentation of the Administrative Code for Land Development Regulations 8c Associated Amendments July 18, 2013 Clerk Collier County Administrative Code & Corresponding LDC amendments Planning Commission Review Thursday, July 18, 2013 Caroline Cilek, Senior Planner, Operations and Regulatory Management, Growth Management Division Administrative Code and Corresponding LDC Amendments Key for LDC Section Cross References July 16, 2013 LDC section Cross References in the Administrative Code and LDC Amendment document: • Black Text = no language change. LDC section is consistent with Municode and current LDC. • Green Text = language change. 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Cn N C Cl) 0' ° O C C C0 m o0 N o0 rri.. - Co 0 Co O Co O CO 0 CO C 0' 0- m DJ m o v' v v v v v 3 3 n o -s = 0 CD CD ° (13 o 3 fD fD fD N v. N.Lit rD c - o -0 3 -o -o -h. CD rD CD O r-r D) r+et D) D) ■y; 71-. ^ CD CD 0 v 0 0 CD rD -n -h -t, Collier County Land Development Code - Administrative Code DRAFT Thursday, July 18, 2013 Caroline Cilek, Senior Planner, Operations and Regulatory Management, Growth Management Division I , ii Page 1:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Contents - Chapter 1. Introduction 7 A. Purpose and Intent 7 B. Amendments and Conflicts 8 1. Administrative Code Amendment 8 2. Conflicts 8 C. Reviewing Agencies 8 1. Architectural Arbitration Board 8 2. Board of County Commissioners(BCC) 8 3. Board of Zoning Appeals(BZA) 8 4. Building Board of Adjustment and Appeals (BOAA) 8 5. Planning Commission(CCPC) 9 6. Office of the Hearing Examiner 9 7. Growth Management Division (GMD) 9 8. Environmental Advisory Council (EAC) 9 9. Development Services Advisory Committee(DSAC) 9 10. Historical Archaeological Preservation Board 10 D. Common Procedural Steps and Information 10 1. Fees and Submittal Requirements 10 2. Initiation of the Application 10 3. Pre-application meeting 10 4. Completeness and Processing Letter 12 5. Staff Review 12 6. Advisory Board or Agency Review 12 7. Open and Closed Applications 12 8. Pre-Construction Conference 13 chapter 2 - - " • -• — --- 15 A. Comprehensive Plan Amendment 16 B. Land Development Code Amendment—Privately Initiated Text Amendments 20 Chapter 3. Quasi-Judicial Procedures with a Public Hearing 23 A. Appeal of an Official Interpretation of the LDC 24 B. Boat Dock(Boathouse Establishment, Dock Facility Extension, Boat Lift Canopy) 26 C. Conditional Uses 30 1. Conditional Use Permit 30 2. Conditional Use Extension 35 21 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx 3. Conditional Use Re-Review 38 D. Development of Regional Impact(DRI) 40 D.1. DRI Application—Establishment of a new DRI 40 D.2. DRI Abandonment 43 D.3. DRI Amendment 45 E. Mixed Use Project(MUP)- Public Hearing for use of Bonus Density Pool and/or other Deviations 46 F. Parking Exemption-With a Public Hearing 48 G. Planned Unit Developments 51 G.1. Rezoning to a PUD 51 G.2. PUD Amendment 57 G.3. PUD Insubstantial Change 59 G.4. PUD Minor Change 62 G.S. PUD Extension 65 G.6. PUD Annual Monitoring Report 68 G.7. Zoning Verification Letter—Comparable Use Determination 68 H. Rezoning—Standard 71 I. Sign Variance 75 J. Variance 78 Chapter 4. Administrative Procedures 81 A. Architectural Plans 82 B. Coastal Construction Setback Line Permit 83 C. Certificate of Public Facility Adequacy(COA) 85 C.1. COA for Roadways 85 C.2. COA for Non-Roadway public facilities 88 D. Early Work Authorization (EWA) 89 Vega-tat-ion-Removal Applications 9 — E.1. Agricultural Land Clearing Permit 91 E.2. Agricultural Clearing Notice 93 E.3. Cultivated Tree Removal Permit 95 E.4. Vegetation Removal Permit 97 E.5 Vegetation Removal and Site Filling Permit(VRSFP) 99 F. Mixed Use Project—Administrative Approval 102 G. Official Interpretation of the LDC 103 H. Sign Permit 105 31 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx I. Site Development Plan 107 1.1. Conceptual Site Plan (CSP) 107 1.2. Site Development Plans(SDP) 109 1.3. Site Improvement Plan (SIP) 118 1.4. Site Development Plan Amendment(SDPA) 121 1.5 Insubstantial Change to a Site Development Plan (SDPI)or Site Improvement Plan (SIPI) 123 J. Temporary Permits 125 J.1.Amplified Sound Permit 125 1.2.Annual Beach Events Permit 127 J.3. Carnival/Circus Permit 128 J.4. Film Permit 131 J.S. Model Homes and Model Sales Centers 133 J.6.Special Events 135 J.7.Temporary Uses during Construction 137 K. Zoning Certificate 139 L. Zoning Verification Letters 141 L.1. Zoning Verification Letter—Generally 141 L.2. Zoning Verification Letter—Non-residential Farm Building 143 L.3. Zoning Verification Letter—Fence Finished Side Out Waiver 145 Chapter 5. Subdivision Procedures 147 A. Lot Split 148 B. Lot Line Adjustment 150 C. Preliminary Subdivision Plat(PSP) 152 1. Preliminary Subdivision Plat-Standard 152 2. Preliminary Subdivision Plat Amendment(PSPA) 156 D. Construction Plans and Final Subdivision Plat(PPL) 157 D.1. Construction Plans and Final Subdivision Plat—Standard 157 D.2. Final Subdivision Plat- For Townhouse Fee Simple Development 169 E. Construction Plans(CNSTR) 173 1. Construction Plans—Standard 173 2. Insubstantial Change to Construction Plans(ICP) 176 F. Minor Final Subdivision Plat(FP) 178 G. Plat Recording 181 H. Vacation of Subdivision Plats 184 Chapter 6. Waivers, Exemptions,and Reductions 185 . ...... .._.. . ..__... . I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Wage P e d A. Administrative Fence/Wall Waiver(AFW) 186 B. Administrative Parking Reduction (APR) 186 C. Administrative Parking Exemption 189 D. Administrative Variance (AVA) 192 E. Alcohol Distance Waiver 194 F. Alternative Architectural Design 196 G. Automobile Service Station Waiver 198 H. Nonconforming Use Change (NUC) 200 I. Post Take Plan 203 J. Vested Rights Determination 206 Chapter 7. Supplementary Submittal Requirements for Land Use Applications 207 A. Environmental Data Requirements for PUD Zoning and Conditional Uses 208 B. Traffic Impact Study(TIS) 209 C. Soil Erosion and Sediment Control Plan 210 Chapter 8. Public Notice 211 A. Generally 211 B. Neighborhood Information Meeting 212 C. Mailed Notice 214 D. Newspaper Advertisement 216 E. Posting of Sign 217 Chapter 9. Office of the Hearing Examiner-Procedures 219 Chapter 10. Where to Find Current Information 225 Chapter 11. Contact Information 227 Chapter 12. Acronyms 229 Chapter 13.Glossary 231 Chapter 14.Appendices 233 - Appendix A- - Wage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 1. Introduction A. Purpose and Intent Collier County's Land Development Code(LDC)is the principal regulatory tool for implementing the County's Growth Management Plan (GMP).The LDC contains the standards and criteria that development must meet in the County.To ensure that all growth meets these standards,there are specific approval procedures for the various forms of development, ranging from simple,single-lot residences to large, multi-phased planned developments. Te Administrative Code consolidates and identifies the procedures for approval to develop under the LDC. The Administrative Code is divided into 14 chapters. Each chapter comprises a genre of land use petitions or permits. Each Chapter is organized alphabetically to provide ease of use. Cross references are provided for related land use petitions or permits where appropriate.The following list provides a breakdown of the Administrative Code by chapter: • Chapter 1 contains the intent of the Administrative Code and how to it is to be amended.This chapter also outlines Collier County's Reviewing Agencies and the Common Procedural Steps and Information necessary to submit and process a land use petition or permit. • Chapter 2 contains the land use petitions which are processed through a legislative procedure. • Chapter 3 contains the land use petitions and permits which are processed through a quasi-judicial procedure. • Chapter 4 contains the land use petitions and permits which are processed administratively by the Growth Management Division. • Chapter 5 contains the applications for the creation and completion of a subdivision. • Chapter 6 contains applications for Administrative Appeals,Variances,and Amendments and Wavers to LDC standards. • Chapter 7 contains Miscellaneous Procedures and additional submittal requirements for common land use petitions and applications. • Chapter 8 contains information relating to public notice requirements for land use petitions. • Chapter 9 contains the procedures for the Office of the Hearing Examiner. • Chapter 10 identifies where to find current information. • Chapter 11 contains contact information. • Chapter 12 contains commonly used acronyms in the Administrative Code and the LDC. • Chapter 13 contains the glossary of terms,which are bolded throughout the Administrative Code. • Chapter 14 contains Appendices. The Administrative Code is available to download as an Adobe PDF file on the County's website: [TBD]. It is also available for purchase in print at the Growth Management Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The Code has visual cues that improve its readability.These include: <=> This symbol identifies a cross-reference to another Administrative Code chapter or another regulatory code. 7jPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction This symbol identifies explanatory materials/information that may help to explain or expand upon a provision of the Administrative Code. B. Amendments and Conflicts 1. Administrative Code Amendment The Administrative Code was adopted by the BCC as Ordinance[number TBD].Amending Collier County and State of Florida contact information and website links may be done by the County Manager or designee. Further,the County Manager or designee shall have the authority to update and correct Growth Management Division's organizational structure and department titles. All other amendments,additions, revisions,or modifications required to maintain the Administrative Code shall be made by resolution by the BCC and adopted by majority vote at any regular or special meeting.The resolutions may be placed as an item on the regular, consent,or summary meeting agenda,as deemed appropriate by the County Manager or designee in consultation with the County Attorney. 2. Conflicts Where the Administrative Code conflicts with the LDC or Growth Management Plan,the LDC or the Growth Management Plan shall prevail. C. Reviewing Agencies This section describes the various agencies that are involved in processing zoning and land development applications. 1. Architectural Arbitration Board The Architectural Arbitration Board, identified in LDC subsection 5.05.08 F assists with the Architectural Deviations and Alternative Compliance procedure.The Board consists of 5 voting members comprised of the following:two representatives from the Collier County Zoning staff,two representatives appointed by the American Institute of Architects(Southwest Florida Chapter)and one member appointed by the American Society of Landscape Architects(Southwest Florida Chapter).The Architectural Arbitration Board may provide the following: 1) Assistance to the County Manager in rendering a decision;and 2)An applicant may appeal the decision of the County Manager or designee to the Architectural Arbitration Board. 2. Board of County Commissioners (BCC) The BCC is the County's governing agency. It sets the County's land development policies by adopting and amending the Growth Management Plan and the LDC. It is also involved in quasi-judicial procedures,such as a rezoning,the establishment of PUDs,the creation of stewardship receiving/sending areas,and the establishment of Development of Regional Impacts,and other petitions as specified in the LDC. 3. Board of Zoning Appeals (BZA) The BCC acts as the Board of Zoning Appeals(BZA)for Collier County. The BZA processes and makes final decisions on zoning variances,appeals, conditional uses, nonconforming use amendments,flood variances, parking agreements,and other functions outlined in the Collier County Code of Laws and Ordinances section 2-1171 and F.S.§67-1246. 4. Building Board of Adjustment and Appeals (BOAA) The Building Board of Adjustment and Appeals(BOAA)is a decision-making body that makes final decisions on appeals related to the decisions of the building official, such as the manner of construction proposed to be 81Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 I Introduction followed, or materials to be used,and in the erection or alteration of a building or structure, pursuant to Code of Laws and Ordinances section 2-1181.The BOAA consists of five members,appointed by the BCC,who have the necessary education and qualifications to review and render decisions related to the Florida Building Code and Florida Fire Prevention Code. 5. Planning Commission (CCPC) The Collier County Planning Commission is designated as the local planning agency for the County,as identified in the Code of Laws and Ordinances section 106-1 and 2-1156.The Planning Commission processes amendments to the Growth Management Plan,text amendments to the LDC,and makes a final decision on actions as specified in the Administrative Code and LDC.The Planning Commission also provides recommendations to the BCC on land use petitions where the BCC renders a final decision. 6. Office of the Hearing Examiner The Office of the Hearing Examiner is established in the Code of Laws and Ordinances section 2013-25.The Hearing Examiner hears and makes final decisions on all variances, boat lift canopy deviations,dock facility extensions,appeals of administrative decisions, insubstantial changes to a Planned Unit Development ordinance, and minor conditional uses.The Hearing Examiner also provides recommendations to the BCC as specified in ordinance 2013-25. 7. Growth Management Division (GMD) Most land use petition and permit applications begin the process with a review by the Growth Management Division. The Growth Management Division provides information and services associated with building permits, inspections,development plans, land use petitions,and investigations.The GMD provides guidance for the long- ^ term use of land and public facilities to assure quality growth and to enhance the community's quality of life, pursuant to local ordinances and Florida State growth management laws. The following are the primary departments within the Growth Management Division:the Business Center,the Engineering Services Department,the Natural Resources Department,the Comprehensive Planning Department, the Planning and Zoning Department,Operations and Regulatory Management,which includes the Plan Review and Inspection Department,and the Code Enforcement Department. The Planning and Zoning Department is generally the initial point of contact for land use petitions and permits.The Plan Review and Inspection Department handles building permits. 8. Environmental Advisory Council (EAC) The Environmental Advisory Council acts in an advisory capacity to the BCC pursuant to Code of Laws and Ordinances section 2-1191. It reviews matters dealing with regulation,control, management, use,or exploitation of natural resources within the County. It also reviews specific zoning and development petitions and their impact on the County's natural resources. The Council has 5 members,which are appointed by the BCC.Three of the members have technical expertise and two members are non-technical,with one technical alternate member. Technical members have expertise in one or more of the following areas related to environmental protection and natural resources management:Air Quality, Biology(including any of the sub disciplines such as botany,ecology, zoology,etc.),Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control,Solid Waste,Stormwater Management,Water Resources, Wildlife Management,or other representative areas deemed appropriate by the Board to effectively accomplish the EAC's purpose such as, but not limited to,a representative of the development community.Terms are 4 years. 9. Development Services Advisory Committee (DSAC) DSAC is a fifteen member committee that was created in 1993 pursuant to Code of Laws section 2-1031.This committee represents the various aspects of the development industry and may include architects,general 9IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 / Introduction contractors, residential or building contractors, environmentalists, land use planners, land developers, landscape architects, professional engineers, utility contractors, plumbing contractors, electrical contractors,structural engineers,and attorneys.The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Growth Management Division and to serve as a primary communication link between the Growth Management Division,the development industry, and the citizens of Collier County.Terms are 4 years. 10. Historical Archaeological Preservation Board The Historical Archaeological Preservation Board (Preservation Board)is an advisory board to the BCC pursuant to Code of Laws section 2-2000.The Preservation Board designates, regulates,and administers historical and archaeological resources in the County, under the direct jurisdiction and control of the BCC. D. Common Procedural Steps and Information This section describes common information that applies to most of the review procedures identified in the Administrative Code. 1. Fees and Submittal Requirements The County charges fees for applications filed under the LDC. The BCC establishes the fees by resolution. The fee schedule is available for download on the County's website: http://www.colliergov.net/Index.aspx?page=128.The County will not accept an application until all of the required fees are paid. 2. Initiation of the Application Most applications are initiated by filing a County application form,along with all of the required information,with the Business Center within the Growth Management Division. Each section of the Administrative Code lists the corresponding application by name under"Initiation." 3. Pre-application meeting Applicability Where specified within the Administrative Code,applicants must attend a pre-application meeting with the Planning&Zoning Department before filing an application. The purpose of the meeting is to provide an opportunity for the applicant and the Planning&Zoning Department to informally review a proposed development and determine the most efficient method of review before substantial commitments of time and money are made in the preparation and submission of the application. The name of the planner assigned to the project shall be identified on the application once it is filed. The project planner is the main contact and their name should be referenced in any correspondence with the County regarding the petition. The project planner can be reached by calling the Business Center Front Desk,at 239-403- 2400. The Planning&Zoning Department offices are located within the Growth Management Building at the following location: 10IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 I Introduction Growth Management z Division Planning&Zoning 886!Golden Gate•. Department 2800 N. Horseshoe Drive Naples, FL 34104 Phone:(239) 252-2400 Horseshoe Dr N ZLDR Offices ce L z 0 Naples ° Municipal co Airport Initiation of the pre-application meeting Applicants may request a pre-application meeting online, by calling the Planning&Zoning Department,or in person at the Business Center,which is located within the Growth Management Division Building. A pre- application fee is required at the time of the meeting.Applicants must complete a Pre-Application Request Form, or fill out the form on-line at http://apps2.colliergov.net/portal. The Planning&Zoning Department will contact the applicant within 2 working days to schedule a pre-application meeting. Pre-application meetings are held in the Growth Management Building in order to allow all appropriate County review staff to attend. Applicants may bring an agent(s)or another person they wish to have present at the meeting. At the pre-application meeting County staff will review the proposed request,discuss the contents of application packet, indicate which submittal items are required,and the number of plans. The submittal requirements vary by application type,so applicants are encouraged to hold off on completing the application packet until after the pre- application meeting. At the pre-application meeting, County staff members will provide the applicant Pre- Application Meeting Notes,which outline the requirements discussed at the meeting. Issues to discuss The Planning&Zoning Department, review staff,and the applicant may discuss the following issues at the pre- application meeting: 1. The general nature of the proposed development. 2. Changes to the proposed development which need to conform to the LDC,the Growth Management Plan, or other County policies. 3. The review procedures that will apply, including the public hearing process, if applicable,the approximate length of the development review,and the approval process. 4. Federal,State,and local agencies that may review,comment,or require permits for the proposed development. 5. The type of information needed throughout the procedure,including surveys, plans,drawings, reports,the application form, and other supporting documentation. 6. The number of copies of the application and supporting information that the applicant must provide. 11 P a g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 I Introduction At the pre-application meeting,the Planning&Zoning Department will provide the applicant a checklist of submittal requirements discussed at the meeting.The applicant and the Planning&Zoning Department staff may discuss other issues as needed. Required Documentation Unless further specified in the Administrative Code,the applicant should bring a conceptual plan of the project, aerial photographs of the property, and preliminary environmental data,depending on the type of application. 4. Completeness and Processing Letter Prior to the submittal of the application,the Business Center will determine if the application is complete and that the materials identified on the Pre-Application Meeting checklist and notes are included with the application. If the application is incomplete,the applicant must obtain all of the requirements prior to the submittal of the application. The Business Center will not accept or process an incomplete package. Once the application has been accepted by the County and the fees have been paid,the application has begun processing and the applicant will receive a Processing Letter.This letter identifies the petition number, i.e. PL201200000 and the assigned planner/project manager.The petition number should be noted on all future correspondence regarding the application.The letter is generally received within 10 days of submittal. 5. Staff Review Once the application has been processed,County Staff will review the application to determine whether the application is sufficient or insufficient in one or more areas. This is considered the"first set of review comments" by County Staff.The purpose of this review is to ensure that the application complies with the standards for approval and/or the findings of fact pursuant to the LDC.This review is also designed to prevent the application from unnecessary delays in the process. If the application is insufficient,the Planning&Zoning Department will notify the applicant of the deficiencies through the review comment process. For administrative applications, County Staff,acting on the behalf of the County Manager may approve or deny the application based on the criteria provided in the LDC.While the Planning&Zoning Department is the agency that is primarily involved in administering and enforcing the Growth Management Plan and the LDC,other State or regional agencies may be responsible for certain types of applications. 6. Advisory Board or Agency Review If the petition requires review by the EAC, Planning Commission, BCC, BZA,or other advisory County board or agency,County Staff prepares a specialized report for each Board. For example,a Staff Report for the Planning Commission contains information identified in the application,whether the project is consistent with the Growth Management Plan, an analysis of the request, legal considerations, recommendations by the County,and any recommendations of another reviewing body. If the application is to be reviewed by the BCC,Staff prepares an Executive Summary which is a condensed version of the Staff Report and includes recommendations of the EAC, if applicable,and the Planning Commission. 7. Open and Closed Applications An application is considered "open"when the Processing Letter has been provided to the applicant and/or agent. The Planning&Zoning Department assigns an open application and petition processing number. An application is considered "closed"when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing,or otherwise actively pursue the application for a period of 6 months, unless the particular process assigns a different time period. A closed application will not receive further processing and is considered withdrawn.The Planning&Zoning Department will notify the 121Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 1 I Introduction applicant of closure in writing. However,the failure of the Planning&Zoning Department to notify the applicant does not eliminate the"closed"status of an application. The applicant can reopen a closed application by submitting a new application,and repaying the application fees. Further review of the request is subject to the then current LDC. 8. Pre-Construction Conference The Pre-Construction Conference applies to all development projects that include infrastructure improvements, including but not limited to:site development plans(SDP),site development plan amendments(SDPA),site improvement plans(SIP), plans and plats(PPL), plans and plat amendments(PPLA),and construction plans (CNSTR). Following approval of the plans,the applicant shall pay the inspection fees and the Engineer of Record shall submit to the Business Center an affidavit that the plans and documents approved by Collier County are consistent with those approved by all State and Federal agencies. The Engineering Services Department shall contact the applicant to schedule a pre-construction conference.The applicant shall bring all approved County plans and permits and copies of all State and Federal permits for the project to the meeting. At the meeting,the applicant and the Engineering Services Department will coordinate construction activities and will discuss the timeline for the inspection of the improvements. The applicant,the applicant's contractors,and representatives from all affected utilities are encouraged to attend the meeting. 13IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 2. Legislative Procedures The petitions identified in this Chapter require a public hearing by the Board of County Commissioners. 15IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures A. Comprehensive Plan Amendment Reference F.S. § 163.3177—163.3187, 125.66 and LDC Public Notice subsection 10.03.06 D and the Collier County Growth Management Plan(GMP). d Note:The Florida Department of Economic Opportunity(DEO)website contains procedures,forms,and technical assistance regarding State of Florida review and requirements. For State related Comprehensive Plan Amendment information refer to: http://www.floridajobs.org/community-planning-and- development/programs/comprehensive-planning. Applicability This procedure applies to a request to amend the GMP whether initiated by the County or a private landowner. A comprehensive plan amendment does not authorize development. There are several categories of plan amendments, including but not limited to: • Small Scale Amendment:A plan amendment that involves 10 acres or less and other criteria set out in F.S. § 163.3187(1). o Generally,small scale amendments are for maps and may include text changes. o Small scale amendments that involve 10 acres or less may be site- specific amendments. • Regular Amendment:A plan amendment that changes the goals,objectives and policies;any map change;or any other material in the plan,and falls within one of the categories described in F.S. § 163.3184(2)and 163.3184(3). o Regular amendments may be site-specific amendments. • DRI Companion Amendment:A plan amendment that is directly related to a DRI. This is processed concurrent with the DRI application. C?See Chapter 3 D.3 of the Administrative Code for more information. Pre-Application A pre-application meeting is required. Initiation The applicant files an "Application for a Request to Amend the Collier County Growth Management Plan"with the Comprehensive Planning Section of the Planning and Zoning Department. Application The application shall include the draft amendment text and/or map amendment and all Contents data and supporting materials that justify the amendment. d Note:Refer to F.S. § 163.3163 et.seq. for State requirements. Completeness and The Comprehensive Planning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the required Application fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice— 1. Newspaper Advertisement:The legal advertisements shall be published at least 15 16IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 I Legislative Procedures Small Scale days before the Planning Commission and BCC public hearings dates. The Amendment for advertisements shall include at a minimum: Map and/or Text • A statement clearly explaining the proposed ordinance or resolution as it Changes affects the subject property; • Date,time,and location of one or more public hearings; • 2 in.x 3 in. map of the project location;and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper,and the headline in the advertisements must be in a type no smaller than 18 point.The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear.The advertisements shall be placed in a newspaper of general paid circulation. Notice— Notification requirements are as follows. <=>See Chapter 8 of the Administrative Code for Site Specific additional notice information. Amendment 1. NIM:The NIM shall be completed at least 15 days before the first advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting.The NIM is only for site-specific amendments. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisements shall be published at least 15 days before the Planning Commission and BCC transmittal and adoption public hearings. The advertisement shall include at a minimum: • Clear explanation the proposed ordinance or resolution as it affects the subject property; • Date,time,and location of one or more public hearings; • 2 in.x 3 in map of the project location, if site specific;and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper,and the headline in the advertisement must be in a type no smaller than 18 point.The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear.The advertisements shall be placed in a newspaper of general paid circulation. 4. Mailed Notice: If required,the County shall send written notice by mail to each real property owner within the area covered by the proposed plan amendment at least 15 days before the advertised BCC public hearing date. 5. Sign: (see format below) Posted at least 15 days prior to the advertised public hearings. Two distinct signs shall be posted for the transmittal hearings and the adoption hearings. The first sign shall be posted before the first Planning Commission hearing on the GMP transmittal to DEO.A second sign shall be posted before the Planning Commission hearing on the GMP adoption. 17IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures PUBLIC HEARING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER, 3299 TAM IAMI TRAIL EAST, NAPLES, FLORIDA,34112. Notice— 1. Newspaper Advertisements: The legal advertisements shall be published at least 15 Regular days before the Planning Commission and BCC transmittal and adoption public Amendment hearings. The advertisement shall include at a minimum: • Clear explanation the proposed ordinance or resolution as it affects the subject property; • Date,time,and location of one or more public hearings; • 2 in.x 3 in map of the project location,if site specific;and • The required advertisements must be at least 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper,and the headline in the advertisement must be in a type no smaller than 18 point.The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear.The advertisements shall be placed in a newspaper of general paid circulation. Public Hearings for 1. The EAC shall hold at least 1 advertised public hearing, if required. Small Scale 2. The Planning Commission shall hold at least 1 advertised public hearing. Amendment 3. The BCC shall hold at least 1 advertised public hearing. Public Hearing for Regular Amendments require two sets of public hearings,transmittal hearings and Regular adoption hearings. Amendment 1. Transmittal Public Hearings: • The EAC shall hold at least 1 advertised public hearing,if required. • The Planning Commission shall hold at least 1 advertised public hearing. • The BCC shall hold 1 advertised transmittal public hearing. 2. Adoption Public Hearings: • The EAC shall hold at least 1 advertised public hearing,if required. • The Planning Commission shall hold at least 1 advertised public hearing. 18 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures • The BCC shall hold at least 1 advertised adoption public hearing. Decision maker The BCC,following recommendations from both the EAC,if required,and the Planning Commission. Review Process 1. Transmittal of Amendment to DEO: • The Comprehensive Planning Section will review the application, identify whether additional materials are needed, prepare a Staff Report,and schedule a hearing date before the EAC, if required, and the Planning Commission to present the petition for review. • Following the recommendation by the Planning Commission,the Comprehensive Planning Section will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. • Small Scale Amendments are not subject to a review by DEO and may be adopted by the BCC at the first advertised public hearing. A Regular Amendment is reviewed by the BCC at a transmittal hearing and if approved,the amendment is sent to DEO and other review agencies for review in accordance with F.S. § 163.3184(3)and (4). 2. Adoption of Amendment: • Following review by DEO and other review agencies,the Comprehensive Planning Section will prepare a Staff Report,and schedule a hearing date before the EAC, if required,and the Planning Commission to present the amendment and comments from DEO and other review agencies for review. Following the recommendation by the EAC,if required,and the Planning Commission,the Comprehensive Planning Section will prepare an Executive Summary and schedule an adoption hearing before the BCC. If the amendment is adopted,the amendment is sent to DEO and the review agencies in accordance with F.S. § 163.3184(3)and (4). Criteria The plan amendment must be consistent with the applicable portions of the Collier County Growth Management Plan, F.S. § 163.3164,et seq.,the State Comprehensive Plan,and the Southwest Florida Strategic Regional Policy Plan published by the Southwest Florida Regional Planning Council. Effective Date See F.S. §163.3184(3)and(4). See F.S. §163.3191 if the plan amendment is an update that results from an evaluation and appraisal report. Appeals Affected persons may file an administrative challenge as described in F.S. § 163.3184(5). Small scale amendments may be administratively challenged pursuant to F.S. § 163.3187(5)(a). Updated 05/24/2013(ELS), 5/30/13 CC,6/28/13 CC 07/11/13-Edits(ES) 19 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 / Legislative Procedures B. Land Development Code Amendment- Privately Initiated Text Amendments Reference LDC section 10.02.08-09, LDC Public Notice subsection 10.03.06 A, F.S.§ 163.3202,and F.S. §125.66. <=>See LDC section 10.03.06 for County Initiated Text Amendments Applicability Amendments that supplement,change,or repeal the text of the LDC. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Application for Amendment to the Land Development Code." Application The application must include the following: Contents 1. Applicant Contact Information. 2. Completed LDC Amendment Request form. 3. Changes to the LDC shall be identified in a strikethrough/underline format. Strikethrough language represents removal and underlined language represents new language.All cross references to the section in the LDC shall be checked and amended if necessary. Completeness and The Growth Management Division will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice for Notification requirements are as follows. C4>See Chapter 8 of the Administrative Code for Amendments which additional notice information. affect 10 acres or 1. Newspaper Advertisements:The legal advertisement shall be published at least 15 less of land and do days before each advertised public hearing in a newspaper of general circulation. The not change the list advertisement shall include at a minimum: of permitted, conditional or • The title of the proposed ordinance or resolution; prohibited uses Date,time, and location of the hearing;and •• Places(s)within the county where the proposed ordinance may be inspected by the public. Notice for Notification requirements are as above,with the addition of: Amendments which affect 10 acres or • 2 in.x 3 in. map of the project location of which amends the Zoning Atlas more of land and do and/or changes the permitted, conditional,and prohibited uses in the County. change the list of permitted, conditional or prohibited uses Public Hearing for 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendments which 20IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 2 I Legislative Procedures affect 10 acres or 2. The Planning Commission shall hold at least 1 advertised public hearing. less of land and do not change the list 3. The BZA shall hold at least 1 advertised public hearing. of permitted, conditional or prohibited uses Notice for 1. The EAC shall hold at least 1 advertised public hearing, if required. Amendments which affect 10 acres or 2. The Planning Commission shall have at least 1 advertised public hearing.The Planning more of land and do Commission may elect by a majority decision to hear such ordinance or resolution at 2 change the list of advertised public hearings. If there is only 1 advertised public hearing,the hearing permitted, shall be held after 5:00 p.m.on a weekday,and if there are 2 advertised hearings,then conditional or at least 1 of the advertised public hearings shall be held after 5:00 p.m.on a weekday. prohibited uses 3. The BBC shall have at least 2 advertised public hearings. At least 1 advertised public hearing shall be held after 5:00 p.m.on a weekday, unless the BCC by a majority vote plus 1 vote elects to conduct that hearing at another time of day. Decision maker The BCC,following the recommendations from both the EAC, if required,and the Planning Commission. Review Process Staff reviews the amendment application and provides a recommendation. The DSAC reviews the amendment application in a public meeting and makes a recommendation to the BCC. ■•••••\ The EAC reviews the amendment application if the proposed change includes an environmental component in accordance with Collier County Code of Laws section 2-1193. The EAC makes a recommendation to the BCC. The Planning Commission reviews the application for consistency with the GMP and makes a recommendation to the BCC. The BCC shall review the application and the recommendations by the advisory boards. The BCC may approve,approve with revisions,or decline to approve the proposed ordinance or resolution. Effective Date Per F.S. § 125.66,the ordinance must be filed with the Florida Department of State, Tallahassee, FL within 10 days of signing by the Chairman of the Board.The effective date it is the date it is filed with the State, unless a date is specified in the ordinance. Updated 05/24/2013(ELS)5/30/13 CC 21IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 3. Quasi-Judicial Procedures with a Public Hearing Land use petitions require a public hearing where the applicant and affected property owners are allowed to speak and provide testimony about the application. The County's decision-making agency is similar to a judge presiding over a trial,and its decision is based on the record. Quasi-judicial hearings are pursuant to law and provide for the following: 1. The record may include the application materials, County Staff's recommendation,and may also include written reports,and the fact—based testimony of any witnesses(expert or otherwise)that speak at the public hearing.The applicant or the agent has the burden of providing a written record. 2. The applicant has an opportunity to be heard in person and through counsel,to present evidence of its case, and to rebut the case presented by opposing parties. 3. Cross—examination of adverse witnesses is allowed. The chairman or presiding officer of the decision-making agency may reasonably control the amount of time and type of questions asked during cross-examination. 4. Exparte communications must be disclosed by members of the advisory boards or decision making agency pursuant to law. 23IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing A. Appeal of an Official Interpretation of the LDC Reference LDC subsection 1.06.01 D, LDC section 8.03.00, LDC Public Notice subsection 10.03.06 P,and Code of Laws section 250-58. Applicability This process allows an applicant to appeal an Official Interpretation to the Board of Zoning Appeals. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Appeal Application for Official Interpretation"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Interpretation number. 3. A narrative describing the request,the legal basis for the appeal,the relief sought, including any pertinent information,exhibits,and other backup information in support of the appeal. 4. Electronic copies of all documents. Completeness and After submission of the completed application packet accompanied with the required Processing of fee,the applicant will receive an electronic response notifying the applicant that the Application petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the appeal.The tracking number should be noted on all future correspondence regarding the �. petition. Notice Notification requirements are as follows. C=>See Chapter of the Administrative Code for additional notice information. 1. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing;and • 2 in.x 3 in. map of the project location, if site specific. 2. Mailed Notice.Written notice shall be sent to property owners within 300 feet of the property lines of the land for which the appeal is requested at least 15 days before the advertised BZA hearing. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. Ga See Chapter 9 for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the appeal and identify whether additional materials are needed.Staff will prepare a Staff Report and schedule a hearing date before the Hearing Examiner to present the appeal for consideration. Updated 05/24/2013 (ELS) 06/21/2013(ELS) 6/26/13 CC—HEX info 07/11/13-Edits(ES) 24IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing n n 25IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing B. Boat Dock (Boathouse Establishment, Dock Facility Extension, Boat Lift Canopy) Reference LDC sections 5.03.06,8.03.00, and LDC Public Notice subsection 10.03.06 G. Applicability There are four types of permits for a boat dock facility and related structures: 1. Dock Facility Extension 2. Dock Facility with a Boathouse 3. Boat Lift Canopy 4. Boat Lift Canopy Deviations Pre-Application A pre-application meeting is required before the application is filed with the Planning& Zoning Department. Initiation The applicant files one of the following applications with the Planning&Zoning Department: 1. "Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions,"or 2. "Boat Lift Canopy Administrative Review Application"for a Boat Lift Canopy or a Boat Lift Canopy Deviation,or 3. Non-residential dock facility requests must submit the"Dock Facility Extension or Boathouse Establishment Petition Application and Submittal Instructions"and comply with LDC section 5.03.06,as part of the Site Development Plan application. Application The applicant must include the following: Contents for a Dock Facility and 1. Applicant contact information. Boathouse 2. Property information, including: Extension • Property identification number; • Section,township,and range; • Subdivision, unit, lot and block;and • Address of subject site. 3. Zoning information, including: • Current zoning and land use of subject property;and • Adjacent zoning and land use. 4. Site information, including: • Waterway width and where the measurement came from; • Total property water frontage; • Measurement of provided and required setbacks; • Total protrusion of proposed facility into water; • Number and length of vessels to use facility;and 26 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing • Additional dock facilities in close proximity of subject property and the total protrusion of each into the waterway. 5. Narrative description of the project. 6. Signed and sealed survey depicting mean high water(MHW)and mean low water (MLW),and relevant water depths(no less than 5 foot increments). 7. Pursuant to LDC subsection 5.03.06 I,a submerged resources survey,as applicable. 8. A chart,drawn to scale,of the waterway at the site,depicting the waterway width, the proximity of the proposed facility to any adjacent navigable channel,the proximity of the proposed facility to docks, if any,on the adjacent lots,and the unobstructed waterway between the proposed facility and the opposite bank or any dock facility on the opposite bank. 9. Site Plan illustrating the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline(bank,seawall, or rip-rap revetment); • Configuration, location,and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of the navigable channel; • Illustration of the contour of the property;and • Illustration of dock facility from both an aerial and side view 10. Narrative response to listed criteria/questions. 11. Signed and notarized affidavit by property owner or agent. 12. Addressing checklist. 13. Electronic copy of all documents. 14. Copies for the Planning Commission as identified on the Submittal Checklist. Application In addition to the above Application Contents,the Boat Lift Canopy and the Boat Contents for a Boat Lift Canopy Deviation application must include the following: Lift Canopy or a 1. Survey,signed and sealed showing any existing dock facility. Boat Lift Canopy Deviation 2. Scale drawing of the proposed canopy showing all dimensions. 3. Sample of the fabric for color review. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. 27 ! Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing.The County will mail the letters at the applicant's expense. No written notice is required for a Boat Lift Canopy application.The advertisement shall include at a minimum: • Date,time,and location of the Planning Commission hearing; • Petition number; • Extension and total protrusion of the facility;and • Date by which written comments must be filed with the Planning&Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation for the following petitions: Boat Dock Facility with a Boathouse, Dock Facility Extension, or Boat Lift Canopy Deviation.The advertisement shall include at a minimum: • Date,time, and location of the Planning Commission hearing; • Petition number; • Address of the facility; • Extension and total protrusion of the facility; • 2 in.x 3 in. map of the project location;and • Date by which written comments must be filed with the Planning&Zoning Department. 3. Sign:(see format below)Posted at least 15 days before the advertised Hearing Examiner hearing date. BDE-PL20120000000:[Name] Boat Dock Extension- Applicant is requesting a [number]-foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development Code for a total protrusion of[number] feet for Lot [number],Block[letter]of the [location]. DATE: TIME: _ CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing for the following. 'See Chapter 9 of the Administrative Code for the Office of the Hearing 28IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing Examiner procedures. • Dock Facility with a Boathouse; • Dock Facility Extension;and • Boat Lift Canopy Deviation. 2. No hearing is required for a Boat Lift Canopy application. 3. For non-residential dock facilities,compliance is determined as part of the site development plan application.A public hearing is not required. Decision Maker 1. The Hearing Examiner may approve: • Dock Facility with a Boathouse • Dock Facility Extensions • Boat Lift Canopy Deviations 2. The County Manager or designee may approve: • Boat Lift Canopies • Non-residential Boat Dock Facilities Review Process 1. The Planning&Zoning Department will review the application,identify whether additional materials are needed, prepare a Staff Report,and schedule a hearing date before the Hearing Examiner to present the petition for review for the following: • Dock Facility with a Boathouse • Dock Facility Extensions • Boat Lift Canopy Deviations 2. The Planning&Zoning Department will review the application, identify whether additional materials are needed,and prepare a letter of determinations utilizing the criteria identified in LDC section 5.03.06 for the following: • Boat Lift Canopy • Non-residential Dock Facility,as part of the site development plan application. Updated 05/24/2013(ELS) 06/05/2013(ELS)-Appeals 06/21/2013(ELS) 6/26/13 CC—HEX info 07/11/13-Edits(ES) 29 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code ( Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing C. Conditional Uses C.1. Conditional Use Permit Reference LDC section 10.08.00,8.03.00, LDC Public Notice subsection 10.03.06 B and F.S.§ 163.3202 Applicability A conditional use permit is required if the proposed use or development is eligible as a conditional use in the applicable zoning district. Pre-Application A pre-application meeting is required. Initiation The applicant files an "Application For Public Hearing For:Conditional Use" Application The petition should include material necessary to demonstrate that the approval of the Contents conditional use will be in harmony with the general intent and purpose of the LDC,will be consistent with the Growth Management Plan,will not be injurious to the neighborhood or to adjoining properties,or otherwise detrimental to the public welfare. The application must include the following: 1. Applicant contact information. 2. Addressing Checklist. 3. A cover letter briefly explaining the proposed project. 4. Disclosure of ownership. 5. The date the subject property was acquired or leased(including the term of the lease). If the applicant has an option to buy, indicate the date of the option,the date the option terminates,and anticipated closing date. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. Pre-application meeting notes. 8. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly. 9. PUD Ordinance and Development Commitment information, if applicable. 10. Property information,including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 11. If the property owner owns additional property contiguous to the subject property,then the following information, regarding the contiguous property, must be included: • Legal description; 301Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing • Property identification number; • Section,township and range;and • Subdivision,unit, lot and block,or metes and bounds description. 12. Zoning information,including: • Adjacent zoning and land use 13. Conditional Use request detail. 14. A description of previous land use applications on the subject property,including whether a public hearing was held on the property or any abutting properties within the year preceding the application,and the nature of that hearing. 15. A legal(if located within a recorded PUD)or graphic description of the area of amendment.This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 16. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress,off-street parking and off-street loading areas, refuse and service areas,and required yards,and other open spaces. The conceptual site development plan does not replace the site development plan(SDP)required by Chapter 4 of the Administrative Code. 17. Completed Statement of Utility Provisions. 18. Plans showing proposed locations for utilities. 19. Plans for screening and buffering the use with reference as to type,dimensions,and character. 20. Plans showing the proposed landscaping and provisions for trees protected by County regulations. 21. Plans showing the proposed signs and lighting,including type,dimensions,and character. 22. Environmental Data Requirements. C?See LDC subsection 3.08.00 A. 23. Environmental Data Requirements for PUD Zoning and Conditional Uses C=I>See Chapter 7 of the Administrative Code. 24. Recent aerial photographs must be legible at the scale provided.The aerial shall identify plant and/or wildlife habitats and their boundaries.The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect,conserve,and appropriately use native vegetative communities and wildlife habitat. 25. An Architectural Rendering of proposed structures,if applicable, C=>See Chapter 4 A. of the Administrative Code. 26. Traffic Impact Study C=>See Chapter 7 of the Administrative Code. 27. If the property is located within an area of historical or archaeological probability,as identified at the pre-app meeting,a historical and archeological survey or waiver application. 28. If the zoning district places additional requirements on the requested use,include documentary evidence that those requirements are met. 31IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 29. Permits:All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. 30. Owner/agent affidavit as to the correctness of the application. 31. Electronic Copy of All Documents. 32. A written petition that shows how the proposed use satisfies the findings outlined in LDC section 10.08.00. Completeness The Planning&Zoning Department will review the application for completeness. After and Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 4. Sign:(see format below)Posted at least 15 days before the advertised public hearing date. 32IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR.,NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing For Minor Conditional Use petitions: 1. The Hearing Examiner shall hold at least 1 advertised public hearing. 'See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. d Minor Conditional Uses are defined in LDC section 8.03.00. For all other Conditional Use petitions: 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision maker For Minor Conditional Use petitions: • The Hearing Examiner. For all other Conditional Use petitions: • The BZA,following a recommendation from both the EAC,if required,and the Planning Commission. Staff Review The Planning&Zoning Department will review the application, identify whether additional Process materials are needed, prepare an Executive Summary,and schedule a hearing date before the appropriate body to present the petition for review. Recording of Within 30 days of adoption of the ordinance,the owner or developer(specify name)at its Developer expense shall record in the Public Records of Collier County a Memorandum of Understanding Commitments of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the ordinance.The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, F.S.A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner,Zoning Services Department,within 15 days of recording of said Memorandum or Notice. Updated 05/24/2013:Application Contents added (ELS) 06/21/2013(ELS) 6/26/13 CC 33 J Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 07/11/13-Edits(ES) 34IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing C.2. Conditional Use Extension Reference LDC section 10.08.00 and 8.03.00,and LDC Public Notice subsection 10.03.06 C. Applicability This establishes a process to extend the life of an approved conditional use permit. Pre-Application A pre-application meeting is required. Initiation The applicant files an "Application For Public Hearing Conditional Use Extension" with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership information. 3. The date the subject property was acquired or leased(including the term of the lease). If the applicant has an option to buy,indicate the date of the option, the date the option terminates,and anticipated closing date. 4. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 5. Zoning information, including: • Zoning of adjacent properties when original Conditional Use was approved; • Land use of adjacent properties when original Conditional Use was approved; • Current zoning of adjacent properties;and • Current land use of adjacent properties. 6. Two copies of a signed and sealed boundary survey(completed within the last 6 months, maximum 1 in.=400 ft.scale)if required to do so at the pre- application meeting. 7. Conditional Use extension request detail. 8. Copies of Warranty Deed(s)for the current property owners. 9. A narrative statement describing the request for conditional use extension and how it meets the criteria discussed in LDC section 10.08.00. 10. How the request remains consistent with the applicable sections of the LDC and GMP,including the future land use element;any GMP amendments since the approval of the conditional use;identify any development/redevelopment 351Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing that has occurred on adjacent parcels and what effect, if any,an extension would have on those uses;and any additional relevant information. 11. A description of previous land use applications on the subject property, including whether a public hearing was held on the property or any abutting properties within the year preceding the application,and the nature of that hearing. 12. Cover letter briefly explaining the project. 13. Pre-application meeting notes. 14. A site plan(measuring no larger than 24 in.x 36 in.)and a conceptual site plan measuring 81/2 in.x 11 in. 15. Owner/agent affidavit as to the correctness of the application. 16. Traffic Impact Study C=>See Chapter 7 of the Administrative Code. 17. Electronic copy of all documents. 18. Copies of the previously approved conditional use site plans,and one reduced 81/2 in.x 11 in.copy of the site plan.The applicant shall provide additional copies of the plan upon completion of Staff's evaluation for distribution to the Board, if requested by the staff planner. 19. The resolution that approved the conditional use. 20. A copy of the original application for the conditional use. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Hearing Examiner hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 36 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 4. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. q See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed, prepare an Executive Summary,and schedule a hearing date before the Hearing Examiner to present the petition for approval. Updated 05/22/2013:Application Contents(ELS) 05/24/2013:Application Contents-added(ELS) 06/21/2013(ELS) 07/11/13-Edits(ES) 37 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing C.3. Conditional Use Re-Review Reference LDC section 10.08.00 and 8.03.00 and LDC Public Notice subsection 10.03.06 C. Applicability If a Conditional Use is approved with stipulations,the Conditional Use is reviewed to determine whether the applicant has met the conditions of approval or whether additional stipulations are necessary. The BZA will establish the time period or dates when the conditional use is subject to review.This is a mandatory procedure for any applicant holding a valid conditional use permit that has stipulations. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Conditional Use Re-review"application with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant Contact Information. 2. A letter describing the request. 3. All documents necessary to address the conditions or stipulations. 4. Pre-application meeting notes. 5. Addressing checklist. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. Ca See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed, prepare an Executive Summary,and schedule a hearing date before the Hearing Examiner to present the petition for approval. 38IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing Updated 06/05/2013(ELS) 06/21/2013(ELS) 07/11/13-Edits(ES) 39jPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing D. Development of Regional Impact (DRI) D.1. DRI Application - Establishment of a new DRI Reference LDC Public Notice subsection 10.03.06 H and F.S. §380.06 and 380.0651 A DRI involves the review and input by the Florida Department of Economic Opportunity(DEO) and the Southwest Florida Regional Planning Council (SWFRPC). C=>See swfrpc.org/dri.html. Applicability This section applies to the establishment of a DRI. q See F.S. §380.0651 and FAC28-24(DRI thresholds)for statewide guidelines and standards to determine whether DRI review is required. a See Appendix A of the Administrative Code for a flow chart of State,Regional and Local review process. Pre-Application A pre-application meeting is required. Initiation If certain thresholds are met, DRI review is required. q See F.S. §380.06(2)and 380.0651 and FAC 28-24. The applicant files the County's"Application For Public Hearing For DRI Application for Development Approval(DRI),"and Applicants must submit an Application for Development Approval (ADA)for a DRI simultaneous review with a growth management plan amendment per 380.061(6), F.S. The DRI applications are available from the DEO and are listed in FAC 73C-40.010 and its website at www.floridajobs.org. Application The County's application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Disclosure of ownership. 4. Completed ADA form with all attachments. 5. Draft DRI Development Order to address the proposed change. 6. Property information,including: • Legal description of subject property and any contiguous property owned by the applicant; • If the application involves a change to more than one zoning district,include a separate legal description for each district. • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 40IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 1 Quasi-Judicial Procedures with a Public Hearing 7. An explanation of whether the requested action is consistent with the Growth Management Plan. 8. A statement of whether a public hearing was held on the property within the year preceding the application and an explanation of that hearing. 9. A detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material,and a list of all previous actions on the subject site,beginning with the original DRI/PUD approval and including all subsequent amendments. Include the hearing number, hearing dates and a summary of the approved action. 10. A description of any sale or development of the DRI. 11. Traffic Impact Study<5 See Chapter 7 of the Administrative Code. 12. Environmental Data Requirements. <4.See LDC subsection 3.08.00 A. 13. An 81/2 in.x 11 in graphic location map of the site. 14. Signed and sealed survey, no older than 6 months. 15. DRI Development Order Master Plan. 16. Copies of Notices sent to DEO and RPC. 17. Pre-application meeting notes. 18. Owner/agent affidavit as to the correctness of the application. 19. Electronic copy of all documents. Completeness The Planning&Zoning Department will review the application for completeness. After and Processing submission of the completed application packet accompanied with the required fee,the of Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. See F.S. §380.06(11)for additional notice requirements if the DR1 is proposed within the jurisdiction of more than one local government. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 2. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: q See F.S.§.380.06 for State publication requirements. • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location 3. Sign: (see format below)Posted at least 15 days before the advertised Planning Commission hearing date. 41IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL IMPACT PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. SWFRPC staff notifies Collier County that it may schedule a public hearing to consider a Development Order. The County will set the public hearing at its next scheduled meeting. The hearing is held within 90 days after the SWFRPC's notice, unless the applicant requests an extension. Both the Planning Commission and the BCC will conduct a public hearing. 2. The Planning&Zoning Department will record the hearing proceedings by tape or a certified court reporter and make the recordings available for transcription at the expense of any interested party. G*See FS§380.06(11) Decision maker The BCC,following a recommendation from the Planning Commission. Review Process 1. RPC determines sufficiency. c*See F.S. §380.06(10). 2. Report and recommendation by RPC, C=>See F.S. §380.06(12). 3. The County will review the application at the same time as the Growth Management Plan amendment application, prepare an Executive Summary,and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. Timing Pursuant to F.S.§380.06(15)(b)),the BCC must render a decision on the application within 30 days after the hearing unless an extension is requested by the developer, pursuant to F.S.§ 380.06(15)(a). Changes to q See F.S. §380.06(19)for substantial deviations to a DRI. Approval Updated 05/22/2013:Application Contents(ELS) 05/24/2013 06/21/2013(ELS) 07/11/13-Edits(ES) 42IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing D.2. DRI Abandonment Reference LDC Public Notice subsection 10.03.06 H and F.S. §380.06(26); FAC 73C-40-0251. Applicability This establishes a process for the County,a property owner,or developer to abandon a valid DRI. This does not apply to an application to abandon a preliminary development agreement with the Florida DEO,which is governed by F.S.§380.06(8)(a).11 and FAC 73C-40.0185. Pre-Application A pre-application meeting is required. Initiation The applicant files the following applications: 1. "Application for Public Hearing,Abandonment of a Development of Regional Impact"(DRIABN); 2. "Application for Abandonment of a Development of Regional Impact,"with all attachments(FORM DEO-BCP-ABANDONMENT DRI-1).This form is available on the Florida DEO website. Application Contents The application must include the following: 1. Applicant contact information. 2. Disclosure of ownership. 3. DRI Development Order name and number. 4. Property information, including: • Legal description of subject property and any contiguous property owned by the applicant; • If the application involves a change to more than one zoning district, include a separate legal description for each district. • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 5. A narrative and detailed explanation of the reason for seeking abandonment. 6. Completed State Abandonment form with all attachments. 7. Completed DEO Application for Abandonment of DRI and copies of the submittal letters submitted to DEO and RPC. 8. An explanation of whether the abandonment is consistent with the Growth Management Plan. 9. A statement of whether a public hearing was held on the property within the year preceding the application and an explanation of that hearing. 43IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 10. A description of any sale or development of the DRI. 11. An 8%in.x 11 in.graphic location map of the site. 12. DRI Development Order Master Plan. 13. Pre-application meeting notes. 14. Owner/agent affidavit as to the correctness of the application 15. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000) assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notice is provided by the County to DEO and the RPC 45 days before the BCC hearing, C=>See FAC 73C-40.0251(b). Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision maker The BCC,following recommendations from both the EAC, if required,and the Planning Commission. Review Process 1. The County will review the application, identify whether additional materials are needed, prepare an Executive Summary,and schedule a hearing date before the Planning Commission and the BCC to present the petition for approval. 2. At the public hearing,the BCC will render a written decision to grant,grant with conditions,or deny the request for abandonment within 30 days of the public hearing,p See FAC 73C-40.0251(2)(c)-(e). Recording The County will issue a notice of the abandonment within 15 days after any appeal is resolved or after the appeal period expires. See F.S. §28.222;73C- 40.0251(2)(e). Appeal c See F.S. §380.07. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 44IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing D.3. DRI Amendment Reference LDC subsection 10.02.13 E.1.j, LDC Public Notice subsection 10.03.06 H and F.S. § 380.06(19) 45 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing E. Mixed Use Project (MUP) - Public Hearing for use of Bonus Density Pool and/or other Deviations Reference LDC sections 4.02.16 C.8, 10.02.15 and LDC Public Notice subsection 10.03.06 M. Applicability This procedure applies to a request for a mixed use project(MUP)within the Bayshore Gateway Triangle Redevelopment Area which seeks to utilize the Bonus Density Pool and/or other deviations. Eligible Applicants Property owners in the following zoning districts: 1. Bayshore Mixed Use District, Neighborhood Commercial (BMUD-NC)Subdistrict 2. Bayshore Mixed Use District,Waterfront(BMUD-W)Subdistrict 3. Gateway Triangle Mixed Use District Overlay, Mixed Use District(GTMUD-MXD) Subdistrict Pre-application A pre-application meeting is required. Initiation The applicant files a "Mixed Use Project Plan(MUP) with Deviations-Public Hearing,"with the Planning&Zoning Department. Application MUPs that require a public hearing shall follow the applicable submittal requirements of a Contents Conditional Use in Chapter3 C. of the Administrative Code. In addition,pursuant to LDC subsection 10.02.15 A.2.,the applicant shall prepare a conceptual plan depicting mixed use development and noting all deviations. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time, and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. 461Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing PUBLICHEARING REQUESTING MIXED USE PROJECT APPROVAL PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BZA shall hold at least 1 advertised public hearing. Decision maker The BZA,following recommendations from both the EAC, if required,and the Planning Commission. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed, prepare a Staff Report,and schedule a hearing date before the EAC,if required,and Planning Commission to present the petition for review. Following the recommendation by the Planning Commission,the Planning&Zoning Department will prepare an Executive Summary and schedule a hearing date before the BZA to present the petition for review. Updated 05/24/2013 47 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 l Quasi-Judicial Procedures with a Public Hearing F. Parking Exemption-With a Public Hearing Reference LDC subsection 4.05.02 K.3, LDC section 8.03.00,and LDC Public Notice subsection 10.03.06 F. Applicability This procedure applies to relief from the various minimum parking requirements established within the LDC and shall follow the circumstances identified in LDC subsection 4.05.02 K.3.a. Pre-Application A pre-application meeting is not required but may be requested. Initiation The applicant files an "Application For Public Hearing For Parking Exemption"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information of principal site and off-site parking, if applicable, including: • Legal description; • Property identification number; • Section,township, range, Plat book and page number; • Subdivision, unit, lot and block,or metes and bounds description; • Address and general location;and • Size of property in feet and acres. 3. Zoning information, including: • Zoning classification of any proposed off-site parking lot;and • Zoning and type of land use of the property that the Parking Exemption is proposed to serve. 4. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 5. Disclosure of ownership. 6. Project information,with the following included: • Total number of parking spaces required for the project; • Number of parking spaces proposed to be located off-site; • Whether the proposed parking lot is separated from the permitted use by a collector or arterial roadway,and the roadway name;and • Whether the permitted use is proposed to share required parking with another permitted use. 7. A narrative statement describing the request with specific reference to the criteria noted in LDC subsection 4.05.02 K.3.b.,and any backup materials or documentation. 8. Pre-application meeting notes, if applicable. 48 ! Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 9. Addressing checklist. 10. If required,a Boundary Survey(completed within the last 6 months, maximum 1 in.to 400 ft.scale)that is abstracted,signed,sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • The location and dimensions of all property lines,existing streets or roads,easements, rights-of-way,and areas dedicated to the public; and • An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. 11. A conceptual site plan drawn to a maximum 1 in.to 400 ft.scale. The plan must measure 24 in.x 36 in.along with a reduced S%2 in.x 11 in.copy. The site plan shall show the following information: • All existing and proposed structures and their dimensions; • Provisions for existing and/or proposed ingress and egress(including pedestrian ingress and egress to the site and the structure(s)on site); • All existing and/or proposed parking and loading areas(including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • Required yards,open space and preserve areas;and • Proposed and/or existing landscaping and buffering as may be required by the County. 12. Owner/agent affidavit as to the correctness of the application. 13. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly 14. Map of property location. 15. 10-Year Lease Agreement,if required by the approval criteria. 16. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Hearing Examiner hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 49 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 2. Mailed Notice:Written notice shall be sent to property owners within 150 feet of the subject site describing the extent and nature of the parking exemption within 30 days of receipt of the letter indicating that the application is determined to be complete. 3. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing;and • 2 in.x 3 in. map of the project location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed.Staff shall prepare a report and schedule a hearing date before the Hearing Examiner to present the petition for review utilizing the criteria identified in LDC subsection 4.05.02 K.3. Updated 6/7/13 CC 06/21/2013(ELS) 07/11/13-Edits(ES) 50 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing G. Planned Unit Developments G.1. Rezoning to a PUD Reference LDC subsection 10.02.13 A—F, LDC Public Notice subsection 10.03.06 B and F.S. § 163.3202. Applicability This procedure applies to a request to rezone to a PUD. Pre-Application A pre-application meeting is required.The pre-application meeting with the Planning& Zoning Department may address, but is not be limited to,the criteria set forth in LDC subsection 10.02.13 B.1. The applicant is encouraged to bring an aerial, proposed product type,and land uses to discuss. Initiation The applicant files an "Application for Public Hearing for a PUD Rezone"with the Planning& Zoning Department. Application The application must include the following information: Contents 1. Applicant contact information. 2. Addressing checklist. 3. A PUD Master Plan. Cr>See Master Plan Contents below. 4. Name of project. 5. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 6. Disclosure of ownership. 7. The date the subject property was acquired or leased (including the term of the lease). If the applicant has an option to buy,indicate the date of the option,the date the option terminates,and anticipated closing date. 8. Property information, including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location; • Size of property in feet and acres;and • PUD district. 9. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range; and 51IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing • Subdivision, unit, lot and block, or metes and bounds description. 10. Detail of rezone request. 11. A narrative statement describing the rezone request with specific reference to the criteria pursuant to LDC section 10.02.13. 12. List of exhibits which are proposed to be included in the ordinance of adoption. 13. Completed Statement of Utility Provisions. 14. Statement of compliance with all elements of the Growth Management Plan. 15. General location map drawn to scale, illustrating north point and relationship of the site to external facilities such as highways,shopping areas,cultural complexes and the like. 16. Property ownership and general description of site(including statement of unified ownership). 17. Description or narrative of project development, including a description of the relationship of the proposed land uses to each other within the PUD and to land uses abutting/surrounding the project. 18. Boundary survey(no more than 6 months old)and legal description. 19. Proposed and permitted land uses within each tract or increment which shall be incorporated into the ordinance of adoption. 20. A dimensional standards table for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type,density,and intensity of each proposed land use.All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted,except as otherwise allowed by that code.This table shall be incorporated into the ordinance of adoption. 21. The proposed timing for location of, and sequence of phasing or incremental development within the PUD. 22. The proposed location of all roads and pedestrian systems,with typical cross sections, which will be constructed to serve the PUD and shall be attached as exhibits to the ordinance of adoption. 23. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS)and shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feet when available from the county, otherwise,a scale of at least 1 inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant,and animal species protection plans as required by the LDC section 3.04.00 shall apply. 24. Environmental Data Requirements. C=>See LDC subsection 3.08.00 A. 25. Environmental Data Requirements for PUD zoning q See Chapter 7 of the Administrative Code. 26. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses. -- 52IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 27. The location and nature of all existing public facilities,such as schools,parks and fire stations that will service the PUD. 28. A plan for the provision of all needed utilities to serve the PUD;including(as appropriate)water supply,sanitary sewer collection and treatment system,stormwater collection and management system,pursuant to related county regulations and ordinances. 29. Electronic copy of all documents. 30. Owner/agent affidavit as to the correctness of the application. 31. Historical/Archeological Survey or Waiver. 32. Traffic Impact Study C=>See Chapter 7 of the Administrative Code; 33. Agreements, provisions, or covenants which govern the use, maintenance,and continued protection of the PUD and any of its common areas or facilities. 34. Development commitments for all infrastructure and related matters. 35. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, relationship to open space, recreation facilities,or traffic impacts,or to assess requests for reductions in dimensional standards,the Planning&Zoning Department Director may request schematic architectural drawings (floor plans,elevations, perspectives)for all proposed structures and improvements,as appropriate. 36. Deviations to sections of the LDC other than to dimensional standards related to building placement such as yard requirements, lot area requirements,and building height,shall be identified in the PUD application by citing the specific section number of the regulation and indicating the proposed modification to such regulation.The list of deviations shall be incorporated into the ordinance of adoption. 37. School Impact Analysis(SIA)application for the School District's review for a determination of school capacity,if the PUD has a residential component. PUD Mater Plan Pursuant to LDC subsection 10.02.13 A,the PUD Master Plan will graphically illustrate the Contents development strategy, using The Community Character Plan For Collier County, Florida(April 2001)as a guide for development and redevelopment. The PUD Master Plan shall be prepared by a planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners;and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects,together with either a practicing civil engineer licensed by the State of Florida,or a practicing architect licensed by the State of Florida. The Master Plan shall include the following: 1. The title of the project and name of the developer. 2. Scale,date, north arrows. 3. Boundaries of the subject property. Indicate all existing streets and pedestrian systems within the site,watercourses,easements,and land uses and zoning districts of abutting property. Include book and page numbers of platted parcels,section lines,and other important physical features within and adjoining the proposed development. 4. Boundaries and dimensions of all proposed tracts or increments with an indication of the proposed land use category, including but not limited to: 53IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing • Residential(for multiple single-family lots,only the overall area reserved for this land use category shall be indicated); • Office; • Retail; • Commercial; • Industrial; • Institutional; • Conservation/preservation; • Lakes and/or other water management facilities; • Common open space; • Buffers, by type—include a cross-section for any buffer that deviates from LDC requirements; • Community and/or public use—designate the location and function (e.g., common open space),and whether they are dedicated or reserved;and • Recreational uses including golf courses and related facilities—include provisions for ownership,operation,and maintenance. 5. Identify all proposed and permitted land uses,pursuant to LDC section 2.03.06,within each tract or increment describing: • For residential Development: o Acreage; o Number of dwelling units; o Density;and o Percentage of total development represented by each type of use. • For commercial, industrial, institutional or office: o Percentage of the total development represented by each type of use; o Acreage(each tract or increment); o Maximum gross leasable floor area(each tract or increment); o Outline of the proposed building footprint(each tract or increment); and o Building height for each structure(each tract or increment). 6. The relationship of the proposed land uses to each other within the PUD and to the land uses abutting and surrounding the project. 7. The location and size(as appropriate)of all existing drainage,water,sewer,and other utilities. 8. The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses. n 9. Typical cross sections of all major,collector,and local streets, public or private,within 54 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing the proposed development. 10. The location of proposed and existing roads, rights-of-way,and pedestrian systems within 1,500 feet of the proposed development. 11. Information on previous and recent uses of land within the proposed development. 12. Proposed vehicular ingress and egress points. 13. Any other relevant information determined to be necessary by the Planning&Zoning Department Director. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. After the application is filed, pre-hearing conferences may be held between the applicant, the applicant's agents,county officials,and county staff prior to the public hearing. Notice Notification requirements are as follows. C=>See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses; • 2 in.x 3 in. map of the project location;and • Name and application number. 4. Sign: (see format below)Posted at least 15 days before the advertised Planning Commission hearing date. 551Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PLANNED UNIT DEVELOPMENT(PUD)APPROVAL PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERSCHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER,3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing,if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision maker The BCC,following recommendations from both the EAC, if required,and the Planning Commission. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3,Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission's review,Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 6/7/13 CC 06/21/2013(ELS) 6/28/13 CC edited 56IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing G.2. PUD Amendment Reference LDC subsection 10.02.13 E and LDC Public Notice subsection 10.03.06 B. Applicability This process applies to any request to amend an approved PUD that cannot be considered an Insubstantial change or Minor change and therefore is a Substantial change as defined in LDC subsection 10.02.13 E. Pre-Application A pre-application meeting is required. Initiation The applicant files an "Application For Public Hearing For:Amendment To PUD(PUDA)"with the Planning&Zoning Department. Application The application shall include a detailed written narrative describing all of the change(s)and Contents the reasons for the request and shall follow the Application Contents required for a PUD Rezone. See Chapter 3 G.1 of the Administrative Code. In addition, all PUD documents are required to be submitted with the PUDA application. <*See Chapter 3 of the Administrative Code for PUD Requirements. Completeness and The Planning&Zoning Department will review the application for completeness.After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. NIM:The NIM shall be completed at least 15 days before the advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Planning Commission hearing. 3. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 4. Sign: (see format below) Posted at least 15 days before the advertised Planning Commission hearing date. 57IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PLANNED UNIT DEVELOPMENT(PUD)AMENDMENT APPROVAL PETITION NUMBER: TO ALLOW: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER,3299 TAM IAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing,if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing. Decision maker The BCC,following recommendations from both the EAC,if required,and the Planning Commission. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3,Staff will prepare a Report utilizing the PUD criteria identified in LDC section 10.02.13 and the rezone criteria identified in LDC section 10.02.08. Staff will schedule a hearing date before the Planning Commission to present the petition. Following the Planning Commission's review,Staff will prepare an Executive Summary and will schedule a hearing date before the BCC to present the petition. Updated 6/7/13 CC 6/28/13 CC 58 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing G.3. PUD Insubstantial Change Reference LDC subsection 10.02.13 E, LDC section 8.03.00, and LDC Public Notice subsection 10.03.06 G. Applicability This process applies to insubstantial changes to a PUD Master Plan which meets the thresholds in LDC subsection 10.02.13 E. Pre-Application A pre-application meeting is required. Initiation The applicant files an application for an"Insubstantial Change To PUD Master Plan (PDI)"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. A narrative and detailed description of the amendment and why it is necessary. 6. An analysis of whether the amendment complies with the Growth Management Plan. 7. Whether a public hearing was held for the property within the year preceding the application. If this has occurred,include the applicant's name. 8. Whether any part of the PUD has been sold or developed,and whether the proposed changes involve those areas. 9. Current and revised Master Plans,along with a reduced copy of each, describing the proposed changes of the following: • Land use; • Densities; • Infrastructure; • Open space, preservation or conservation areas; • Area of building square footage proposed for nonresidential development; • Change in potential intensity of land use and related automobile trip movements;and • Relationships to abutting land uses. 10. Addressing checklist. 11. An 81/2 in.x 11 in.graphic location map of the site. 12. Pre-application meeting notes. 13. Owner/agent affidavit as to the correctness of the application. 59 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 14. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. <5 See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area-at least 15 days before the advertised Hearing Examiner hearing. 2. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 3. Sign: (see format below)Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES,FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C'See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed. Pursuant to LDC subsection 10.02.13 B.3,Staff will prepare a Report utilizing the criteria identified in LDC subsection 10.02.13 E. 60 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing Staff will schedule a hearing date before the Hearing Examiner to present the petition.The Hearing Examiner will approve,approve with conditions,or deny the application utilizing the criteria in LDC subsection 10.02.13 E. Updated 05/22/2013:Application Contents(ELS) 05/24/2013(ELS) 06/21/201(ELS) 6/26/13 CC Hex-info 6/28/13 CC edits 07/11/13-Edits(ES) 61IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing G.4. PUD Minor Change Reference LDC subsection 10.02.13 E, LDC section 8.03.00,and LDC Public Notice subsection 10.03.06 R. Applicability The following are considered minor changes: 1. Educational and ancillary plants. These include PUD master plans that are amended for the sole purpose of adding an educational and/or ancillary plant. 2. Removal of Affordable Housing Contributions.The County Manager or designee may allow minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUD5, Development Agreements,and Settlement Agreements. Conditions are identified in LDC subsection 10.02.13 E. 3. Minor Changes During Construction.The County Manager or designee may allow minor changes to the PUD Master Plan during its subdivision improvements plan or site development plan process to accommodate topography,vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site,existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan.These changes include the following: • Internal realignment of rights-of-way, including a relocation of access points to the PUD itself,where no water management facility, conservation/preservation areas,or required easements are affected or otherwise provided for; • Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas; • Relocation of swimming pools,clubhouses, or other recreation facilities that do not affect adjacent properties or land uses;and • Relocation or reconfiguration of lakes, ponds,or other water facilities subject to the submittal of revised water management plans or approval of the EAC where applicable. Pre-application A pre-application meeting is not required. Initiation The applicant files a "Minor Change to a PUD Master Plan or Text(PMC)"application with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. PUD Ordinance and Development Commitment information. 4. A legal or graphic description of the area of amendment. This may be graphically illustrated on the Amended PUD Master Plan. If the amendment involves only part of the PUD, provide a legal description for the subject portion. 5. The current PUD Master Plan, C*See Chapter3 G.1 of the Administrative Code for 62 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing requirements and the changes in potential intensity of land use,changes in trips and relationships to abutting land uses. • Include any previously revised Master Plans. 6. A narrative and detailed description of the map change and reason for request. 7. An analysis of whether the amendment complies with the Growth Management Plan. 8. Whether a public hearing was held for the property within the year preceding the application. If this has occurred,include the applicant's name and number. 9. Whether any part of the PUD has been sold or developed,and whether the proposed changes involve those areas. 10. For removal of affordable housing commitments, a completed Letter to Property owners identified in the application. 11. Addressing checklist. 12. An 8'/:in.x 11 in.graphic location map of the site. 13. Owner/agent affidavit as to the correctness of the application. 14. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows for Removal of Affordable Housing Contributions: Ca See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Public Hearing 1. No public hearing is required for adding educational and ancillary plants to a PUD or minor changes to a PUD Master Plan during construction. 2. A Hearing Examiner advertised public hearing may be required to remove affordable housing contributions,pursuant to LDC subsection 10.02.13.E. Decision maker The County Manager or designee or the Hearing Examiner. Review Process Minor changes are reviewed by the Planning&Zoning Department staff and may be approved by the County Manager or designee. If a public hearing is required to remove Affordable Housing Contributions,Staff will prepare a Staff Report and Staff will schedule a hearing date before the Hearing Examiner to present the petition for review. Appeals Administrative appeals shall be in accordance with the Code of Laws section 250-58. Updated 05/22/2013:Application Contents(ELS) 05/24/2013(ELS) ^ 06/05/2013(ELS) 06/21/2013(ELS) 63 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 6/26/13 CC 6/29/13 CC 7/16/13 CC 64IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing G.5. PUD Extension Reference LDC subsection 10.02.13 D, LDC section 8.03.00,and LDC Public Notice subsection 10.03.06 C. Applicability This process applies to request to extend the life of a PUD before or after it"sunsets."A PUD "sunsets"when it does not meet the time frames and development criteria outlined in LDC section 10.02.13.Once a PUD has"sunset,"applications for additional development orders are not processed until there is an extension, PUD amendment,or new PUD rezoning. Pre-Application A pre-application meeting is required. Initiation The applicant files an "Application For Public Hearing For PUD Extension"with the Planning &Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. The date the subject property was acquired or leased(including the term of the lease). If the applicant has an option to buy, indicate the date of the option,the date the option terminates,and anticipated closing date. 5. PUD Ordinance and Development Commitment information. 6. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 7. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range;and • Subdivision, unit, lot and block,or metes and bounds description. 65IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 8. Zoning information, including: • Zoning and Land Use of adjacent properties 9. Extension request information regarding sunsetting, previous extensions, and history of previous zoning approvals. 10. How the PUD remains consistent with the Growth Management Plan, including density, intensity and concurrency requirements. 11. How the PUD is compatible with existing and proposed uses in the surrounding area. 12. A description of whether the PUD development places an unreasonable burden on essential public facilities. 13. Aerial photograph(s)(taken within the previous 12 months at a minimum scale of 1 in. = 400 ft.).The aerial shall identify plant and/or wildlife habitats and their boundaries.The identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Developments shall identify, protect, conserve,and appropriately use native vegetative communities and wildlife habitat. 14. Deed Restrictions. 15. A written statement addressing LDC subsection 10.02.13 D. 16. Pre-application meeting notes. 17. Addressing checklist. 18. An 81/2 in.x 11 in.graphic location map of the site. 19. Environmental Data Requirements. See LDC subsection 3.08.00 A. 20. Traffic Impact Study C=>See Chapter 7 of the Administrative Code. 21. Owner/agent affidavit as to the correctness of the application. 22. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. q See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses; • 2 in.x 3 in. map of the project location; • Application number, project name; 66IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing • PUD name and ordinance number;and • Description of extension. 2. Sign: (see format below)Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed.Staff will prepare an Executive Summary and schedule a hearing date before the Hearing Examiner to present the petition. Monitoring If the PUD is extended,the applicant must submit Monitoring Reports as required for PUD development. C>See Chapter 3 G.6 of the Administrative Code. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 67 Rage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing G.6. PUD Annual Monitoring Report Reference LDC subsection 10.02.13 F. Applicability This procedure applies to PUD5 to ensure that the approved project densities, intensities,and commitments are consistent with the development's approved Ordinance and Traffic Impact Study. Pre-Application A pre-application meeting is not required. Initiation If the PUD is active,the applicant files a PUD Monitoring report with the Engineering Department on an annual basis,on or before each anniversary date of the PUD approval by the BCC. q See LDC subsection 10.02.13 F.1.a for PUD tracts or parcels that are built out. C=>See LDC subsection 10.02.13 F.7 for Traffic Count Monitoring requirements. Application The monitoring report must include the following: Contents 1. Applicant contact information. 2. Number of units, by residential type;square footage commercial and other permitted uses which are approved and complete and any on-site or off-site commitments completed and approved as of the due date of the monitoring report. 3. Current PUD master plan showing infrastructure,projects/developments,plats, parcels and other pertinent information,including on-site or off-site commitments. 4. Copies of all required monitoring reports completed in past year(i.e.,traffic, wellfield,etc.). 5. Status of commitments in PUD document, including projected completion dates if then established. 6. Other information as may be required by County Manager or designee. 7. Owner/agent affidavit as to the correctness of the application. Completeness and The Engineering Department tracks the Monitoring Reports submitted in Processing of Commitment Tracking System,found here: Application http://bccvweb0l/ctsv/projectoverview.aspx. Updated 05/23/2013 G.7. Zoning Verification Letter - Comparable Use Determination Reference LDC subsections 2.03.00 A, 10.02.06 J, LDC Public Notice subsection 10.03.06 N, LDC section 8.03.00 and F.S. §125.66. Applicability A Zoning Verification Letter may be used to make a determination that a new use is comparable,compatible,and consistent with the list of identified permitted and conditional uses in a PUD ordinance. Depending on PUD ordinance language,one of the following methods of consent by the BZA will occur: 68IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing 1. If the PUD ordinance language identifies the BZA as the authority to determine a use is comparable,compatible,and consistent,the Zoning Verification Letter will be brought to Hearing Examiner for approval of the determination. 2. If the PUD ordinance language identifies the Planning Director(or other similar County staff)as the authority to determine a use is comparable,compatible, and consistent,the Zoning Verification Letter will be brought to Hearing Examiner for affirmation of the determination. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information,including: • Site folio number; • Site Address; • Property owner's name;and • Verification being requested. 3. The determination request and the justification for the use by a certified land use planner or a land use attorney. 4. Additional materials may be requested by staff depending on the use and justification provided. 5. PUD Ordinance and Development Commitment information. 6. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXPL201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. a See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisement:At least 15 days before the hearing in a newspaper of general circulation. The legal advertisement shall include: • Date,time,and location of the hearing; • 2 in.x3 in. map of project location; • Application number,project name; • PUD name and ordinance number; 69 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing • Proposed permitted use; • Whether the use will be approved or affirmed by the BZA;and • Description of location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. C*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed.Staff will prepare a Staff Report and schedule a hearing date before the Hearing Examiner to present the Zoning Verification Letter for approval or affirmation of the determination. Updated 05/22/2013:Application Contents(ELS) 70IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing H. Rezoning - Standard Reference LDC section 10.02.08, LDC Public Notice subsection 10.03.06 B, and F.S. § 125.66. Applicability This procedure applies to any ordinances or resolutions that change the zoning map designation of a parcel or parcels of land. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Standard Rezone Application"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. The date the subject property was acquired or leased, including the term of any lease. If the applicant has an option to buy, indicate date the option terminates,or anticipated closing date. 4. Property information, including: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location;and • Size of property in feet and acres. 5. If the property owner owns additional property contiguous to the subject property, then the following information, regarding the contiguous property, must be included: • Legal description; • Property identification number; • Plat book and page number; • Section,township and range; and • Subdivision, unit, lot and block,or metes and bounds description. 6. Zoning information,including: • Zoning and Land Use of adjacent properties; • The existing and requested zoning classifications;and • The present and proposed uses of the property. 7. Rezone request information including, present and proposed uses of the subject 71 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing property. 8. A narrative statement describing the rezone request with specific reference to the criteria in LDC section 10.02.08. 9. Whether any applications or official interpretations under the Administrative Code were filed for the subject property within the year preceding the application, including the nature of any public hearing relating to that application. 10. If the rezone is requested for a specific use,a 24 in.x 36 in.conceptual site plan (with a reduced 8%2 in.x 11 in. copy)drawn to a maximum scale of 1 inch equals 400 feet, depicting: • Existing and proposed structures and their dimensions; • Provisions for existing and/or proposed ingress and egress(including pedestrian ingress and egress to the site and the structure(s)on site); • Existing and/or proposed parking and loading areas(including a matrix indicating required and provided parking and loading,and required parking for the disabled); • Required yards,open space and preserve areas; • Proposed and/or existing location of utility services to the site;and • Proposed and/or existing landscaping and buffering that may be required by the County. 11. An architectural rendering of any proposed structures. 12. Environmental Data Requirements. C*See LDC subsection 3.08.00 A. 13. Statement of utility provisions. 14. Traffic Impact Study C=>See Chapter 7 of the Administrative Code. 15. Historical/Archeological Survey or Waiver. 16. Addressing checklist. 17. A copy of the pre-application meeting notes. 18. Owner/agent affidavit as to the correctness of the application. 19. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. 72IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing Notice- Notification requirements are as follows. C=>See Chapter 8 of the Administrative Code for For parcels less than additional notice information. 10 contiguous acres 1. NIM:The NIM shall be completed at least 15 days before the advertised Planning Commission hearing.The NIM shall be advertised and a mailed written notice shall be given to property owners in the notification area at least 15 days prior to the meeting. 2. Mailed Notice:Written notice shall be sent to property owners in the notification Area at least 15 days before the advertised Planning Commission hearing. Notice— Notification requirements are as noted above, in addition to the following: a See Chapter For Parcels greater 8 of the Administrative Code for additional notice information. than 10 contiguous acres 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses; • 2 in.x 3 in. map of the project location; • PUD name and ordinance number; • Description of rezone;and • Description of location. 2. Sign:(see format below)Posted at least 15 days before the advertised Planning Commission hearing date. PUBLIC HEARING REQUESTING REZONE APPROVAL PETITION NUMBER: TO ALLOW: v _ (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS,THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER, 3299 TAMIAMI TRAIL EAST,NAPLES,FLORIDA,34112. Public Hearing 1. The EAC shall hold at least 1 advertised public hearing, if required. 2. The Planning Commission shall hold at least 1 advertised public hearing. 3. The BCC shall hold at least 1 advertised public hearing for parcels that are less than 10 contiguous acres.The BCC shall hold 2 advertised public hearings for parcels that are greater than 10 contiguous acres. 731 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing 4. For a Collier County initiated rezoning: • At least one hearing is held after 5 p.m.on a weekday,unless the BCC, by a majority plus one vote,elects to conduct that hearing at another time of day. • The first public hearing is held at least 7 days after the day that the first advertisement is published. • The second hearing shall be held at least 10 days after the first hearing and is advertised at least 5 days before the public hearing. Decision maker The BCC,following recommendations from both the EAC,if required,and the Planning Commission. Review Process The Planning&Zoning Department will review the application and identify whether additional materials are needed.Staff will prepare a Report and schedule a hearing date before the Planning Commission to present the petition.The Planning Commission may approve,approve with conditions/stipulations,or deny the petition. Following the recommendation by the Planning Commission,the Planning&Zoning Department will prepare an Executive Summary and schedule a hearing date before the BCC to present the petition for review. The BCC may approve,approve with conditions/stipulations,or deny the petition. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 74IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing Sign Variance Reference LDC sections 5.06.08,9.04.02,8.03.00,and LDC Public Notice subsection 10.03.06 E. Applicability This process applies to a request to vary from the required dimensional standards for a sign. C*See Chapter 3 of the Administrative Code for a standard Variance. Initiation The applicant files a "Sign Variance Petition"with the Planning&Zoning Department. Pre-Application A pre-application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copies of all documents. 4. Property information, including: • Legal description; • Length and height of wall upon which the sign will be secured, if a wall sign; and • Width of the subject property measured by the road frontage. 5. Survey or Site Plan of property depicting the following: • All property boundaries and dimensions; • North arrow, date and scale of drawing; • All existing and proposed signs(labeled as such); • Existing and proposed sign setbacks;and • Location map depicting major streets in area for reference. 6. A detailed explanation of the variance request,including: • Existing signs and what is proposed; • The amount of variance proposed using numbers(i.e. reduce setback from 15 ft.to 10 ft.); • If existing,explanation of how existing encroachment came to be;and • Additional factors that address the criteria for a sign variance. 7. A narrative and justification that the proposed sign variance meets the criteria identified in LDC subsection 5.06.08 B. 8. Notarized owner/agent affidavit as to the correctness of the application. 9. An 8 1/2 in.x 11 in.graphic location map of the site. 10. Pre-application meeting notes. ---� 11. Once the first set of review comments are posted,the following mailed notice 75 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 I Quasi-Judicial Procedures with a Public Hearing documents shall be submitted to the assigned Planner: • A list of the names and addresses of property owners to receive the mailed notice;and • Draft of the mailed notice letter. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. C'See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners within 150 feet of the subject area at least 15 days before the advertised Hearing Examiner hearing.The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Description of the proposed land uses; • 2 in.x 3 in. map of the project location;and • Date,time,and location of the hearing. 3. Sign: (see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 76IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed,prepare a Staff Report,and schedule a hearing date before the Hearing Examiner to present the petition for review utilizing the criteria established in LDC subsection 5.06.08 B.1. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 6/6/13 CC—HEX info 6/28/13 CC-edits 77 1 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing J. Variance Reference LDC sections 9.04.00,8.03.00,and LDC Public Notice subsection 10.03.06 E. Applicability An applicant may seek a variance from dimension standards if the LDC creates an unreasonable hardship,as defined in LDC section 9.04.00. C*See Chapter 3 I. of the Administrative Code for a Sign Variance. Initiation The applicant files a "Variance Petition Application"with the Planning&Zoning Department. Pre-Application A pre-application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. Property information,including: • Legal description; • Property identification number; • Section,township and range; • Subdivision,unit, lot and block,or metes and bounds description; • Acreage;and • Address of subject site and general location. 5. Zoning Information,including: • Zoning and land use of adjacent properties;and • Minimum yard requirements for subject property. 6. The name and mailing address of all registered Home Owners Associations and civic associations whose members are impacted by the application. 7. A detailed explanation of the request including: • Existing and proposed structures; • The amount of encroachment proposed; • Survey of property showing the encroachment(measured in feet); • Date of purchase by property owner; • The date the existing principal structure was built(include building permit numbers if possible); • Explanation of why encroachment is necessary; • How existing encroachment came to be,if applicable; 8. Project narrative providing a detailed description/explanation of the variance,why it is 78I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing requested,and the relevant criteria in LDC section 9.04.03. 9. An Official Interpretation or Zoning Verification Letter, if applicable. 10. Pre-application meeting notes. 11. A Conceptual Site Plan (24 in.x 36 in.)and one 81/:in.x 11 in.copy. 12. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership. 13. An 8 1/2 in.x 11 in.graphic location map of the site. 14. Aerial photographs(taken within the previous 12 months at a minimum scale of 1 in.= 200 ft.),showing FLUCCS Codes, legend,and project boundary. 15. Historical Survey or waiver, if applicable. 16. Environmental Data Requirements. C?See LDC subsection 3.08.00 A. 17. Owner/agent affidavit as to the correctness of the application. 18. Once the first set of review comments are posted,the following mailed notice documents shall be submitted to the assigned Planner: • A list of the names and addresses of property owners to receive the mailed notice;and • Draft of the mailed notice letter. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. C=>See Chapter of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners within 150 feet of the subject area at least 15 days before the advertised Hearing Examiner hearing.The mailed notice shall be sent by the applicant following approval by the Planning and Zoning Department. 2. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Description of the requested variance; • 2 in.x 3 in. map of the project location;and • Date,time and location of the hearing. 3. Sign:(see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. 79IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 3 / Quasi-Judicial Procedures with a Public Hearing PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed,prepare a Staff Report,and schedule a hearing date before the Hearing Examiner to present the petition for review utilizing criteria established in LDC section 9.04.03. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 6/26/13 CC-Hex info 80 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 4. Administrative Procedures The permits and approvals listed in this Chapter do not require a public hearing, unless a decision on the permit is appealed. 81IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures A. Architectural Plans Reference LDC sections 5.05.08 and 10.02.03. Applicability Architectural review is required for buildings,structures,and projects as described in LDC subsection 5.05.08 B. q See Chapter 6 F. of the Administrative Code to request an Alternative Architectural Design. Pre-Application A pre-application meeting may be required as a component of the submittal of the Site Development Plan,Site Development Plan Amendment,Site Improvement Plan,Alternative Architectural Design Standards Plan,or Building Permit application,as applicable. Initiation The applicant submits architectural plans to the Planning&Zoning Department in conjunction with the Site Development Plan,Site Development Plan Amendment,Site Improvement Plan,Alternative Architectural Design Standards Plan,or Building Permit application, as applicable. Application The application must include the following: Contents Pursuant to LDC section 5.05.08,architectural drawings shall be signed and sealed by a licensed architect registered in the State of Florida. 1. Scaled elevations for all sides of the building at a minimum of 1/8 in.scale. 2. Floor plans of each proposed building with dimensions. 3. If rooftop equipment is proposed,scaled wall section from top of roof to grade. 4. Renderings to show materials, color scheme and/or paint chips,and roof color samples,in particular for elevations with multiple colors and/or for colors restricted by the LDC. 5. For projects subject to LDC subsection 5.05.08 C.3 Facade/wall height transition elements must include site sections showing the relationship to adjacent structures. Completeness and The Architectural Plans are processed in conjunction with the Site Development Plan,Site Processing of Development Plan Amendment,Site Improvement Plan,Alternative Architectural Design Application Standards Plan,or Building Permit application,as applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Architectural Plans will be reviewed by the Planning&Zoning Department as part of the Site Development Plan,Site Improvement Plan,Alternative Architectural Design Standards Plan,or Building Permit application. Updated 05/23/2013:Application Contents(ELS) 06/21/2013(ELS) 82IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures B. Coastal Construction Setback Line Permit Reference LDC subsection 10.02.06 G. Applicability This procedure applies to the following activities seaward of the Coastal Construction Setback Line(CCSL): 1. Construction of dune walkovers. 2. Creation, restoration, re-vegetation or repair of the dune or other natural area on an individual parcel of land. 3. Activities that temporarily alter ground elevations,such as artificial beach nourishment projects,excavation, or maintenance dredging of inlet channels. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Costal Construction Setback Line Permit Application"with the Planning and Zoning Department. Application The application must include the following: Contents 4. Applicant contact information. 5. Property information, including: • Legal description; • Address of subject property; • Proposed activity;and • Proposed dates to start and end work. 6. Addressing checklist. 7. An aerial photograph with the property clearly delineated and the proposed areas for site improvements. 8. Site Plan,depicting the following: • General location of lot; • All lot dimensions; • The established Costal Construction Control Line as established by law (1974); • Location of area of the proposed work; • Location of the landward and seaward edges of the dune(vegetation line) and a rough profile of the existing dune; • Approximate locations of existing structures on adjacent lots;and • Vegetation inventory of the area of proposed work. 9. Permits:All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. Permits may include, but shall not be limited to: 83IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures • Florida Department of Environmental Protection(FDEP) permits;and • Vehicle on the Beach permit.This permit shall be obtained if it is necessary to use a vehicle on the beach for completion of the project,the permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season(May 1st through October 31St) Completeness and The Natural Resources Department will review the application for completeness. The Processing of completed application packet must be accompanied with the required fee.The tracking Application number(i.e.,XX201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Natural Resources Department will approve,approve with conditions,or deny a Coastal Construction Setback Line permit based on criteria in LDC subsection 10.02.06 G. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 841 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures C. Certificate of Public Facility Adequacy (COA) C.1. COA for Roadways Reference LDC section 10.02.07 and Code of Laws and Ordinances section74-302(h). Applicability 1. A certificate of public facility adequacy(COA) is required for any development that generates additional impacts or demands on public facilities.A COA ensures that adequate public facilities are available and no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 2. An application for a COA shall only be submitted as part of an application for one of the following development orders: • A final subdivision plat and amendments thereof; • A final approved site development plan or site improvement plan and amendments thereof; • A building permit or mobile home tie-down permit issued by the County;or • As provided for in an enforceable development agreement with Collier County pursuant to the provisions of F.S. § 163.3220-163.3242 or another agreement acceptable to the BCC, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. 3. The following are exempt from concurrency review C*See LDC section 10.02.07 for further information: • Certain development of regional impact(DRI)orders that were approved prior to January 10, 1989. q See LDC subsection 10.02.07 B for exemptions to this provision. • Construction of public facilities that are consistent with the Collier County Growth Management Plan. • Temporary construction and development permits. • Replacement, reconstruction,and repair of existing development. • Temporary use permits, not to exceed 1 year. • Development that is subject to a vested rights determination. Pre-application A pre-application meeting may be required as a component of the submittal of the Site Development Plan,Site Development Plan Amendment,Site Improvement Plan,as applicable. Initiation The applicant files a "Collier County Certificate of Public Facility Adequacy Application" with the requested development order application with the Planning and Zoning Department or the Building Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Reason for application, i.e.what type of development order. 3. Type of development. 85IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures 4. Property information, including: • Legal description; • Property identification number; • Section,township and range;and • Subdivision, unit, lot/parcel and block,or metes and bounds description. 5. Development information, including whether there are previous structures on the property. 6. Estimated Transportation Impact Fee calculations. Completeness and Impact Fee Administration will review the application for completeness. The completed Processing of application packet must be accompanied with the required fee.The tracking number Application used for the requested development order will be included on the application(i.e., XX201200000)This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process Impact Fee Administration will review the application,identify whether additional materials are needed,and verify the calculations of fees in accordance with LDC subsection 10.02.07 C and Code of Laws and Ordinances section 74-201. 1 yr.Traffic Capacity 1. Pursuant to LDC subsection 10.02.07 C.4,the Engineering Services Department shall Reservation and review the Traffic Impact Study(TIS)for concurrency.The Engineering Service Estimated Impact Department shall set aside and allocate a 1 year Traffic Capacity Reservation from Fee Payment the date of TIS approval by Staff for all or part of the proposed development. 2. Within 1 year of TIS approval the applicant must receive approval of the requested development order and shall pay the applicable roadway impact fees to obtain the COA. 3. If the requested development order is not approved within 1 year of the TIS approval date,the applicant may petition the BCC to extend the Traffic Capacity Reservation for 1 year. Failure to Pay If the requested development order is approved and the applicant fails to pay the road Estimated Impact impact fees as required by Code of Laws and Ordinances section 74-302 within the 1 Fees year Traffic Capacity Reservation period,the 1 year Traffic Capacity Reservation shall be invalid and the applicant shall re-apply for a COA. Final Impact Fee At the time of building permit application,the road impact fees will be calculated based Payment on the intensity of development permitted for construction and the road impact fee schedule in effect at the time of the building permit(s)application submittal.The applicant shall pay any additional road impact fees that are due over the estimate, prior to the issuance of the building permit(s). Appeal Appeal of a COA shall be pursuant to Code of Laws and Ordinances section 250-58. Updated 05/22/2013:Application Contents(ELS) 86 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures 07/11/13-Edits(ES) 87 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures C.2. COA for Non-Roadway public facilities Reference LDC section 10.02.07 and Code of Laws and Ordinances section 74-302. Applicability Certificates of public facility adequacy for non-roadway"Category A"capital improvements shall be issued simultaneously with the issuance of the building permit. 88IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures D. Early Work Authorization (EWA) Reference LDC subsection 10.01.02 B. Applicability This procedure applies to a request for an Early Work Authorization (EWA). The Engineering Services Department may approve an EWA permit for one or more of the following activities: • Vegetation removal(site clearing); • Excavations; • Site filling; • Construction of stormwater management facilities limited to ponds, retention/detention areas, interconnection culverts,and swale systems; • Off-site infrastructure;and • Construction of a perimeter landscape buffer, berm,wall, or fence. Pre-application A pre-application meeting is not required. Initiation The applicant files an "Application For Early Work Authorization(EWA)"with the Planning &Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Original SDP/PPL AR/PL number. 3. Right-of-way permit number. 4. Plan Cover Sheet. 5. Excavation Plan. 6. Clearing Plan. 7. Erosion Control Plan. 8. Fill Plan. 9. A vegetation bond in the form of a performance bond, letter of credit, or cash bond in the amount of$2,000 per acre shall be posted for stabilization with vegetation in accordance with LDC subsection 4.06.04 A.3. 10. Copies of the following if available and applicable: • DEP Permit; • USACE Permit;and • SFWMD Environmental Resource Permit(ERP) 11. Owner/agent affidavit as to the correctness of the application. 12. Letter of Authorization, if required. 13. Addressing checklist. Completeness and The Engineering Services Department will review the application for completeness.The 891Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Processing of completed application packet must be accompanied with the required fee.The tracking Application number(i.e.,XX201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed.Staff will prepare a letter of approval or denial based on the criteria identified in LDC subsection 10.01.02 B. Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of work.All Federal,State,and local permits shall be submitted prior to commencement and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre- construction meeting. Updated 05/22/2013:Application Contents(ELS) 06/21/2013 n n 90IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures E. Vegetation Removal Applications E.1. Agricultural Land Clearing Permit Reference LDC subsection 10.02.06.0 and F.S. § 163.3162(4)or 823.14(6). Applicability This procedure applies to any request to receive an Agricultural Land Clearing permit which is required for agricultural operations that fall outside the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4)or the Right to Farm Act, F.S. §823.14(6). See Chapter 4 E.2 of the Administrative Code for the Agricultural Land Clearing Notice. Exemptions for an Agricultural Clearing permit are identified in LDC subsection 10.02.06 C.1.d. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Agricultural Clearing Permit Application"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information,including: • Legal description; • Acreage; • Proposed acreage to be cleared;and • Street address of subject property. 3. Zoning information,including: • Zoning district, including zoning overlays;and • Proposed agricultural use. 4. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly. 5. Special Treatment(ST)permit, if one has been previously granted. 6. Pursuant to LDC subsection 10.02.06.C: • Silviculture operation information and management plan, prepared by a forester or resource manager, if applicable; • Generalized vegetation inventory and clearing plan; • Data on wetland impacts and protected wildlife species habitat subject to the GMP, Conservation and Costal Management Element, and the LDC, if applicable;and • Signed agreements. 7. Prior to the clearing of the land,the following state and federal permits shall be submitted, if applicable: • SFWMD consumptive use permit or exemption (for the withdrawal of 91IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures water); • SFWMD surface water management permit or exemption(for control of surface water, i.e.dikes and ditches);and • US Army Corps of Engineers permit(for wetland impacts). Completeness and The Natural Resources Department will review the application for completeness. Processing of The completed application packet must be accompanied with the required fee.The Application tracking number(i.e.,XX201200000)will be assigned to the permit.This permit tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Natural Resources Department will approve,approve with conditions,or deny the agricultural clearing permit in writing based on criteria in LDC subsection 10.02.06 C. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 92IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures E.2. Agricultural Clearing Notice Reference LDC subsection 10.02.06 C and F.S.§ 163.3162(4)or 823.14(6) Applicability This procedure applies to a request to receive an Agricultural Clearing Notice which is required for agricultural operations that fall within the scope of the Agricultural Lands and Practices Act, F.S. § 163.3162(4)or the Right to Farm Act, F.S. §823.14(6). Pre-Application A pre-application is not required. Initiation The applicant files an "Application for an Agricultural Clearing Notification"with the Planning&Zoning Department. Pursuant to sections F.S. §163.3162(4)or 823.14(6),the property owner shall file the application no later than 60 days prior to the removal of vegetation. Application The application must include the following: Contents for a Land 1. Applicant contact information. clearing notice 2. Property information, including: • Legal description; • Street address of subject property; • Current property acreage; • Proposed acreage to be cleared; • Acreage of existing native vegetation on site;and • Date of clearing to begin and expected date of clearing completion. 3. Zoning information, including: • Zoning district, including zoning overlays; • Proposed agricultural use;and • Basis of property exemption from local regulation pursuant to Agricultural Lands and Practices Act section 163.3162(4) F.S.and the Right to Farm Act section 823.14(6) F.S. 4. The date on which land clearing will begin. 5. The date on which land clearing is expected to be completed. 6. An aerial photograph or site plan that includes a general vegetation inventory identifying the acreage of existing native vegetation on site and proposed clearing plan. 7. Proof that the property is classified as agricultural by property appraiser, i.e. Agricultural Exemption. 8. Description and evidence of bona fide agricultural operations. 9. List Best Management Practices, interim measure or regulations governing the agricultural operation. 10. Signed agreements, pursuant to LDC subsection 10.02.06 C.2. 93 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Completeness and The Natural Resources Department will review the application for completeness. Processing The completed application packet must be accompanied with the required fee.The tracking number(i.e.,XXX201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Natural Resources Department will approve,or deny the agricultural clearing permit in writing based on F.S.§163.3162(4)or§823.14(6).Where the agricultural clearing permit is denied,the letter shall state the reason(s)for denial. Updated 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) n 94JPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures E.3. Cultivated Tree Removal Permit Reference LDC subsection 10.02.06 I. Applicability The Cultivated Tree Removal Permit applies to the removal or relocation of any tree or palm installed for landscaping and which is not a part of a preserve. The provisions of this section are applicable to all development except for single- family home sites. However,such single-family home sites shall maintain the minimum number of trees required by the landscape code,identified in LDC section 4.06.05. Initiation The applicant files a "Landscape Tree Removal for Cultivated Landscapes" application with the Planning&Zoning Department. Pre-Application A pre-application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Detailed description of property location;and • Address of subject property. 4. Detailed description of property location. 5. Reason for proposed tree removal and a brief description of trees to be removed. 6. Photographs of specific tree related problems or damage,if applicable. 7. Any professional recommendation of an arborist, urban forester,or landscape architect, if available. 8. Endangered Wildlife Habitat information. 9. Types of trees to be used for replacement. 10. Proof of ownership such as a warranty deed or tax statement. 11. A site plan depicting the following: • Location and type of proposed trees to be removed; • Location of proposed replacement or relocated trees, buildings, paved areas,structures and utilities and type of trees proposed for replacement; • The Planning and Zoning Department may require the site plans be prepared by a landscape architect registered in the State of Florida when the tree removal exceeds 10 trees;and • If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals,the Planning&Zoning Department may require that a tree survey of the site be prepared and submitted to the Planning&Zoning 95 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Department for review. 12. The name, phone number and mailing address of all registered Home Owners Association's that could be affected by the application. 13. Separate letters stating the following, if applicable: • The removal of the tree(s)in question is approved by the HOA;and • If the application is submitted by an agent,a letter from the homeowner/property owner stating the removal of the tree is approved. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000) assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The County Manager or designee will review and approve,approve with conditions,or deny the application based on criteria outlined in LDC subsection 10.02.06 I. Version 5/22/13 CC with HAC comments 5/14 06/21/2013(ELS) 07/11/13-Edits(ES) 96IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures E.4. Vegetation Removal Permit Reference LDC section 3.05.00. Applicability This process applies to a request to remove protected vegetation,as defined in the LDC, other than that planted for landscaping. See LDC section 3.05.00 for exemptions. pSee Chapter 4 E.5 of the Administrative Code for Vegetation Removal and Site Filling Initiation The applicant files a "Vegetation Removal Permit"application with the Natural Resources Department. Pre-Application A pre-application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Legal description; • Detailed location and description of property; • Directions to subject site; • Reason for proposed removal and brief description of the vegetation to be removed; • Total acreage to be removed; • Proposed method of vegetation removal;and • Proposed methods to protect vegetation to be preserved. 4. Proof of Ownership. 5. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit. 6. A generalized vegetation inventory which includes: • Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site.The inventory shall be based upon the most current available information.The inventory shall be in the form of an aerial or a field survey,and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation.The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. • Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written 97 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures assessment of the plant communities which have been identified on the site.The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity,viability,and such other physical characteristics and factors that may affect their preservation,and presence of any bald eagle nests.The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources,such as a forester,biologist,ecologist, horticulturist,landscape architect,or certified nurseryman. • Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. 7. A site plan which depicts the following: • Property dimensions; • Location of existing infrastructure and alterations; • Location of proposed structures,infrastructure,and alterations; • The location and species of all protected vegetation. Large stands of a single species,such as cypress heads, may be indicated as a group with an approximate number or area; • Designation of all protected vegetation proposed for removal; • Location and details of protective barricading of the vegetation to be retained; 8. County Permits:All County permits and necessary applications requiring County approval and other permitting and construction related items, including but not limited to the following,shall be submitted and approved with the Vegetation Removal Permit: • Building permits(except in accordance with LDC subsection 4.06.04 A); • Special Treatment(ST)development permits;and • Any other required county approvals. 9. Non-County Permits: All non-County permits,including but not limiting to the following,shall be submitted prior to vegetation removal: • U.S.Army Corps of Engineers permits; • Florida DEP permits or exemptions; • U.S. Fish and Wildlife Service permits or exemptions; • Florida Fish and Wildlife Conservation Commission permits or exemptions; • SFWMD permits or exemptions;and • Other applicable agency reviews or permits or exemptions. 98IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Completeness and The Natural Resources Department will review the application for Processing of completeness. The completed application packet must be accompanied with Application the required fee.The tracking number(i.e.,XX201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Natural Resources Department will approve,approve with conditions,or deny the permit based on criteria in LDC section 3.05.05. Updated 05/22/13 CC with HAC comments 5/14 05/22/2013:Application Contents(ELS) 06/21/2013(ELS) 07/11/13-Edits(ES) E.5 Vegetation Removal and Site Filling Permit (VRSFP) Reference LDC section 4.06.04 Applicability This process applies to a request to clear and fill land for residential, commercial, or industrial lots or building sites where lakes are excavated within a PUD or project,and where an approved SDP,SIP,or PPL has identified the lot or site for future development. Pursuant to LDC section 4.06.04 the VRSFP does not apply to the Golden Gate Estates subdivision. See LDC section 3.05.02 for exemptions for vegetation clearing. 'See Chapter 5 D.for Construction Plans and Final Subdivision Plats. Initiation The applicant files a "Vegetation Removal and Site Filling Application"with the Engineering Services Department. Pre-Application A pre-application meeting is not required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Legal description of the subject property. 4. Detailed location and description of the subject property. 5. Reason for proposed clearing/filling. 6. Disclosure of ownership. 7. Owner/agent affidavit as to the correctness of the application and affirmation of compliance with the conditions of the permit; 8. Site Filing/Grading Plan,if requested. 9. Site re-vegetation plan,if requested. 10. Site Stabilization Plan for areas impacted by vegetation removal and/or site 99IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures n filing. 11. Vegetation removal requirements,if requested. 12. Site plan with area requested for clearing delineated; 13. A Vegetation Relocation Plan,if applicable; pSee LDC subsection 3.05.05 H. 14. A management plan,if applicable; 15. Environmental Data Requirements, ?See LDC subsection 3.08.00 A. 16. Generalized vegetation inventory,which includes: • Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site.The inventory shall be based upon the most current available information.The inventory shall be in the form of an aerial or a field survey,and may be accompanied by photographs illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation.The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. • Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written n assessment of the plant communities which have been identified on the site.The assessment shall include an evaluation of character and quality of the plant communities identified,including their rarity, viability,and such other physical characteristics and factors that may affect their preservation,and presence of any bald eagle nests.The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources,such as a forester, biologist,ecologist,horticulturist, landscape architect,or certified nurseryman. • Reasonable additional information. The County Manager or designee may require that the application include additional information which is reasonable and necessary to demonstrate compliance with the criteria in LDC section 3.05.04 and 3.05.05. Completeness and The Engineering Services Department will review the application for Processing of completeness. The completed application packet must be accompanied with the Application required fee.The tracking number(i.e.,XX201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Posting of a bond A bond,letter of credit,or cash bond shall be posted for a permit within a subdivision, pursuant to LDC subsection 4.06.04.A.3.e. 100 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Review Process The Engineering Services and Natural Resources Departments will approve, approve with conditions,or deny the permit based on criteria in LDC subsection 4.06.04 A. Updated 5/22/13 CC with HAC comments 5/14,5/24 CC with Heidi/Steve comments 06/21/2013(ELS) 101 1 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures F. Mixed Use Project- Administrative Approval Reference LDC sections 10.02.15 and 4.02.16. Applicability This procedure applies to a request for a mixed use project(MUP)within the Bayshore Gateway Triangle Redevelopment Area that is not seeking a Density Bonus and/or is eligible for administrative deviations pursuant to LDC subsections 10.02.15 A.1 and 10.02.15 B. Eligible Applicants Property owners in the following zoning districts: • Bayshore Mixed Use District, Neighborhood Commercial(BMUD-NC)Subdistrict • Bayshore Mixed Use District,Waterfront(BMUD-W)Subdistrict • Gateway Triangle Mixed Use District Overlay, Mixed Use District(GTMUD-MXD) Subdistrict. Pre-application A pre-application meeting is required. Initiation The applicant files a "Mixed Use Project Plan(MUP)—Administrative Approval"application with the Planning&Zoning Department. Application Pursuant to LDC subsection 10.02.15 A.1.b, MUPs that may be administratively approved Contents shall follow the applicable submittal requirements of a site development plan. a See Chapter 4 I. of the Administrative Code for additional information. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Staff Review The Planning&Zoning Department will review the application,identify whether additional Process materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 10.02.15 A.1.and 10.02.15 B. Appeals Administrative appeals shall be in accordance with the Code of Laws and Ordinances section 250-58. Updated 5/22/2013: Flowchart(ELS) 07/11/13-Edits(ES) 102 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures G. Official Interpretation of the LDC Reference LDC section 1.06.01 and LDC Public Notice subsection 10.03.06 0. Applicability This process applies to any affected person, resident,developer, land owner,or entity that is subject to the LDC make a request to clarify the requirements for development approval or the meaning of a particular term, phrase,or requirement of the LDC. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Application for Official Interpretation"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Request details, pursuant to LDC section 1.06.01: • Each request must identify the specific LDC citation to be interpreted; and • A request for interpretation may contain no more than 3 issues or questions.The request must not contain a single question with more than three sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than three issues,the applicant will be required to submit a separate request accompanied by the applicable fees. 3. An interpretation of the request prepared by the applicant.The interpretation shall include justification for the request. Completeness and After submission of the completed application packet accompanied with the required Processing of fee,the applicant will receive an electronic response notifying the applicant that the Application petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice—For Notification requirements are as follows. a See Chapter 8 of the Administrative Code interpretation of for additional notice information. County wide 1. Newspaper Advertisements: The legal advertisement shall be published in a application of the newspaper of general circulation.The advertisement shall include at a minimum: GMP and LDC • Brief summary of interpretation; • Location of affected property; and • Appeal time frame. Notice-For Notification requirements are as follows. <4.See Chapter 8 of the Administrative Code interpretations for additional notice information. affecting a specific parcel of land 1. Notification of affected property owner: If an official interpretation has been requested by an affected party other than the property owner,Collier County 103 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures shall notify the property owner that an official interpretation has been requested. 2. Mailed Notice:Written notice of the interpretation shall be sent to property owners within 300 feet of the property lines of the land for which the interpretation is requested. 3. Newspaper Advertisements:The legal advertisement shall be published in a newspaper of general circulation. The advertisement shall include at a minimum: • Brief summary of interpretation; • Location of affected property; • Appeal time frame;and • Project Location Map, if site specific. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process 1. The Planning&Zoning Department shall determine whether the request is complete. If the Department determines that the request is not complete,the Department shall identify the deficiencies in a written notice to the applicant. The Department shall take no further action on the request for the official interpretation until the deficiencies are addressed. 2. After the request for the official interpretation is complete,the County Manager or designee shall review and evaluate the request in light of the Growth Management Plan and LDC,as applicable,and render an official interpretation. 3. The County Manager or designee may consult with the county attorney and other county departments before rendering an interpretation. Prior to the release of the official interpretation to the applicant,the official interpretation shall be reviewed by the county attorney for legal form and sufficiency. 4. The interpretation shall be in writing and shall be sent to the applicant by certified mail with a return receipt requested. Timing Pursuant to LDC section,official interpretations shall be rendered within 45 days of issuance of a determination of completeness. Official Record The County Manager or designee shall maintain an official record of all interpretations rendered.The official interpretations shall be available for public inspection during normal business hours. Appeals An official interpretation may be appealed to the BZA by the applicant,affected property owner,aggrieved,or adversely affected party within 30 days from the receipt by the applicant or affected property owner of the written official interpretation or within 30 days of the newspaper publication. a See Chapter A. of the Administrative Code. Updated 05/22/2013: Reference(ELS) 06/21/2013(ELS) 104IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures H. Sign Permit Reference LDC section 5.06.00. Applicability This procedure applies to any construction, installation, rebuilding, reconstruction, relocation,alteration,or change in the sign, including a change in the graphics or message of any sign. Pre-application A pre-application meeting is not required. Initiation The applicant files a Sign Permit application with the Operations& Regulatory Management Department. The Sign Permit can be downloaded from the Collier County website by following this link: http://www.colliergov.net/index.aspx?page=3428 Application Submittal Credentials:All drawings, plans,and specifications for pole signs, projecting Contents signs,and any ground sign over 32 square feet or 8 feet in height shall be submitted by a Florida certified design professional. The application must include the following: 1. Applicant contact information. 2. Notarized approval letter from property owner or management company. 3. The legal description and the street address of the property upon which the sign is to be erected. 4. The dimensions of the sign including height. 5. The graphics/message to be placed on the sign face. 6. If the sign or sign graphics/message is illuminated or electronically operated,the technical means by which this is to be accomplished. Additional In addition to the application contents mentioned above,applications for a Wall Sign Requirements for must also include the following, pursuant to LDC section 5.06.11: Wall Signs 1. Two copies of the Construction Drawings, including: • Method of attachment or Engineering; • Color rending;and • Dimensions of signage. 2. Two copies of the Elevation Drawings, including: • Identifying the height and width of the unit or building; • Placement of sign on elevation; • 10 percent clear area;and • Site plan showing location if more than 1 wall sign is applied for. q See Freestanding Sign site plan requirements below. 105 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures n Additional In addition to the application contents mentioned above,applications for a Freestanding Requirements for Sign must also include the following,pursuant to LDC section 5.06.11: Freestanding Signs 1. Two copies of the Construction Drawings,including: • Method of attachment or Engineering; • Color rendering;and • Dimension of signage. 2. Two copies of the Site Plans,including: • Showing placement of sign; • Showing setbacks from sign to property lines; • Showing road frontage dimensions;and • Showing location. Completeness and The Operations and Regulatory Management Department will review the application for Processing of completeness. After submission of the completed application packet accompanied with Application the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the permit is being processed.Accompanying that response will be a receipt for the payment and the tracking number assigned to the permit.This permit tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Operations and Regulatory Management Department will review the application utilizing the criteria identified in LDC section 5.06.00. Permit Number Following approval,the permit number shall be displayed or affixed at the base of the Displayed sign structure,and • Shall have the same life expectancy as the sign; • Shall be clearly legible to a person standing five feet in front of the base of the sign;and • Shall be at least one-half inch (%:")in height. Updated 05/23/2013 06/21/2013(ELS) 6/27/13 CC—reorganized 07/11/13-Edits(ES) 106 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Site Development Plan I.1. Conceptual Site Plan (CSP) Reference LDC subsection 10.02.03 C. Applicability This procedure applies to any request for a Conceptual Site Plan,which is designed to be an informal review and approval process that may precede a Site Development Plan approval. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Application for Conceptual Site Plan(CSP)"with the Planning and Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Narrative description of the project. 3. Property information, including: • Legal description; • Property identification number; • Assigned project planner;and • Total acreage of subject site. 4. Two site plans,drawn to scale,showing the location of proposed infrastructure and buildings, zoning and land use of subject and surrounding properties, and required perimeter landscape buffer and building setbacks, including: • A table showing the required and provided setbacks and separation of structures,with a reference to the applicable ordinance from which these requirements are taken; • A table showing parking calculations,and number of spaces required and provided; • For residential projects, a table showing the permitted density and the number of units provided,including the minimum floor per dwelling unit required and provided;and • A note on the site plan stating that: "Site geometry, parking,setbacks, and landscape buffers shall meeting Collier County LDC and/or applicable PUD ordinance requirements." Completeness and The Planning&Zoning Department will review the application for completeness. The Processing of completed application packet must be accompanied with the required fee.The tracking Application number(i.e., PL201200000)will be assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. >� 107 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and review the application for compliance with LDC section 10.02.03 and other provisions of the LDC. Revised 6/11/13 CC 06/21/2013 ELS 108 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures I.2. Site Development Plans (SDP) Reference LDC section 10.02.03 and other provisions of the LDC. Applicability All development is subject to this subchapter, unless it is exempt pursuant to LDC subsection 10.02.03 A.3. Pre-Application A pre-application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection 10.02.03 D. Initiation The applicant files an "Application for Site Development Plan"with the Planning&Zoning Department. Application Submittal Credentials:The construction plans shall be signed and sealed by the applicant's Contents and Site professional engineer licensed to practice in the State of Florida.The landscape Plan Requirements plans shall be signed and sealed by a landscape architect registered in the State of Florida. . For projects subject to LDC section 5.05.08,architectural drawings,shall be signed and sealed by a licensed architect, registered in the state of Florida. File size:The site development plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches, drawn to scale. The application shall include the following, if applicable: 1. Applicant contact information. 2. Addressing checklist. 3. Warrant deed. 4. Property information, including: • Project title; • Legal description; • Property identification number; • Section,township and range; • Subdivision name, unit, lot and block;and • Scale, north arrow,and date. 5. Electronic copies of all documents. 6. Proof of ownership, including a copy of the recorded deed, contract for sale or agreement for sale,or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. • The applicant shall also present a notarized letter of authorization from the property owner(s)designating the applicant as the agent acting on behalf of the owner(s). 5. Owner/agent affidavit as to the correctness of the application. 6. PUD Ordinance and Development Commitment Information. 7. PUD Monitoring Report and Schedule,if applicable. 109 Hage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures 7. A Cover Sheet with the following information: • The project title and the name,address and phone number of the firm or agent preparing the plans and the name,address and telephone number of the property owner; • Zoning designation of the subject property. In the event that the property is zoned PUD(Planned Unit Development),the name of the PUD and the number of the ordinance approving the PUD; • Vicinity map clearly identifying the location of the development and its relationship to the surrounding community;and • A legal description and the property appraiser's property identification number(s)/folio number(s)for the subject property or properties. 8. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: • A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas,open space,preservation areas, private streets,and easements; • A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the LDC and/or applicable PUD ordinance: o Total site acreage; o Total square footage of impervious area(including all parking areas, drive-aisles,and internal streets)and its percentage of the total site area; o Total square footage of landscape area/open space and its percentage of the total site area; o For projects that include residential uses,total number of units, density,units per acre,and a unit breakdown by square footage and number of bedrooms,as well as minimum/maximum(as applicable) floor area required and floor area proposed; o For projects that include non-residential uses,total building footage and a square footage breakdown by use(i.e.,office,retail,storage, etc.)and its percentage of the total building;for hotels and motels, the minimum/maximum(as applicable)floor area,or proposed floor area ratio, required,and floor areas; o All required and provided setbacks and separations between buildings and structures in matrix form; o Maximum zoned building height allowed and actual building height as defined in LDC section 1.08.00; o Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of- way easement;and o North arrow,scale,and date. 110IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures • A parking summary in matrix form which shall include: o Type of use; o Total square footage per use; o Required parking ratio, number of standard spaces required by use, and number provided; o Number of loading spaces required and provided(if applicable);and o Total number of spaces provided by use. • The following building construction information must be included in the SDP packet: o Information in the Standard Building Code,type of construction, number of stories,total square footage under roof,occupancy/use and fire sprinkler intentions of all proposed structures so that a needed fire flow may be determined;and o A fire hydrant flow test report from the applicable fire district for the closest hydrant(s)to the project so that the available fire flow may be determined. o Location of existing and proposed fire hydrants. • Illustrative information accurately depicted unless waived at the pre- application meeting: o A boundary survey, prepared by a professional surveyor,showing the location and dimensions of all property lines,existing streets or roads,easements,rights-of-way,and areas dedicated to the public. This survey shall be accompanied either by an attorney's opinion of title,or by a sworn statement from the property owner(s)stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey; o Name,alignment and existing/proposed rights-of-way of all streets which border the development(including raised islands,striping, right/left turn lanes, median cuts and nearby intersections),the location of all existing driveways or access points on the opposite sides of all streets which border the development,and the location of all traffic calming devices; o Location and configuration of all development ingress and egress points; o Location and arrangement of all proposed buildings(including existing buildings that are to remain); o Location and configuration of all parking and loading areas; o Name,alignment,and existing/proposed right-of-way of all internal streets and alleys; o Directional movement of internal vehicular traffic and its separation from pedestrian traffic; o Location and configuration of recreational facilities(including related 111 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures buildings,golf course areas,tennis courts,pools,etc.); o Location and general configuration of all water and drainage retention/detention areas as well as all existing and proposed easements,and water and sewer lines intended to serve the development; o Location and general configuration of such natural features as preservation/conservation areas,water bodies,and wetlands; o Location of emergency access lanes,fire hydrants and fire lanes. o Location of all handicapped parking spaces; o Location of trash enclosures; o Location and heights of proposed walls or fences;and o Accurate dimensions which include the following: • All building setbacks; • Distance between buildings and accessory structures; • Width of all internal streets; • All parking areas and drive-aisles; • Landscape areas adjacent to all vehicular drives,interior property lines and all parking areas; o Traffic circulation,signing and marking plan,to include outside and inside radii for all turn movements using a common pivot point for both radii at each location; o Access Management Exhibit,identifying existing and proposed access points,nearest U turns and legal access to the site. o Roadway elevations. o Any additional relevant information required by the Planning& Zoning Department. 8. Architectural Plans. ' See Chapter 4.A of the Administrative Code for Architectural Plan submittals.The plans shall also include: • If proposed,dumpster enclosure details depicting height and material and color of walls and gates;and • If proposed,light pole details depicting height and colors of pole and housing. 9. Stormwater management information as follows: • The South Florida Water Management District Environmental Resource Permit or General Permit number,if obtained; • Stormwater management control structure(s)location(referenced to State Plane Coordinates, Florida East Zone,North American Datum 1983(NAD'83), latest adjustment); • Stormwater management control elevation(s)and overflow elevation(s) (referenced to the North American Vertical Datum, 1988(NAVD'88),latest 112 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures adjustment),and NGVD;and • Twenty-five-year/3-day design discharge at control structure(s). • Drainage calculations, including pipe sizing calculations. • Estimated cost of construction of roadways,paving,and drainage. • Engineer's Report with Assumptions and Explanations. • Engineering Review Checklist,signed by a professional engineer. • Hydraulic Grade Line Pipe calculations for culverts; • Streetlight plan,for multi-family housing. 9. For residential projects subject to the provisions of LDC section 10.04.09,a completed School Impact Analysis(SIA)application, location map and review fee. 10. Certificate of Adequate Public Facilities application, if applicable. 11. Landscaping Plan.A landscape plan which shall contain the following: • Landscape summary.A landscape summary in matrix form which shall include: o Graphic symbol to indicate each type of plant material; o Botanical name; o Common name; o Total number of each type of plant material; o Height and spread of each type of plant material;and o Spacing of each type of plant material. • Illustrative information. Illustrative information consisting of the following shall be accurately depicted on the landscape plan: o The location,configuration,and arrangement of all proposed buildings,internal streets and parking areas as reflected on the site plan; o The location and dimensions of all proposed landscaped areas with appropriate graphic symbols including existing trees that are being credited toward the development's landscaping requirements; o Location and configuration of all special or textured paving areas; o Provisions for site irrigation;and o Any additional relevant information as may be required by the County Manager or designee. 12. Vegetation inventory.A generalized vegetation inventory of the property shall be required to the extent necessary,as determined at the pre-application meeting, indicating the approximate location,densities and species of the following: • Upland,wetland and estuarine vegetation including prohibited exotic vegetation,mapped using FLUCFCS terminology; 113 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures • Any type of vegetation identified for preservation; • Conservation easement including signed and sealed legal description and boundary survey for preserve, include protective language, and provide a sketch and description in construction plans. • Projects containing the following shall provide a survey identifying species and locations on a current aerial photograph at a scale of 1 inch equals 200 feet or larger or superimposed on the site plan: o Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. o Specimen trees designated by the BCC, pursuant to LDC section 3.05.09. o State or federal rare,threatened or endangered plan species surveyed according to accepted Florida Fish and Wildlife Conservation Commission or U.S. Fish and Wildlife Service methods. o Existing trees that may be credited toward the development's landscaping requirements. • For proposed site alteration(s)within the coastal zone as depicted on the future land use map,in addition to the foregoing requirements,the vegetation inventory shall depict the categories of impact in accordance with LDC sections 3.03.03-3.03.04. 13. A recent aerial photo shall be provided at the same scale as the plan delineating the development boundaries, unless waived at the pre-application meeting,with 14. Density bonus. If a residential bonus is requested,as provided for in the Growth Management Plan,a certified survey that clearly illustrates the location and relationship of the development to the appropriate activity center and the related activity band shall be required. 15. Building plans. Plans showing proposed building footprints,spatial relationship to one another when there are multiple buildings and building heights. 16. Traffic Impact Study. C=>See Chapter 7 of the Administrative Code. 17. Soil erosion and sediment control plan. See LDC section 6.01.05. 18. Construction Plans. Detailed on-site and off-site infrastructure improvement plans and construction documents prepared in conformance with the design standards for of LDC section 10.02.04 and any current county ordinances, regulations, policies and procedures,which consist of, but are not limited to,the following items: • A cover sheet setting forth the development name,applicant name, name of Engineering firm,and vicinity map; • Improvements for water and sewer service as needed or as may have been specified during a site development plan review prepared in conformance with the Utilities Standards and Procedures Ordinance, 2004-31,as amended; • Improvements for roadway, motor vehicle and non-motorized circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the site 114 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures development plan review, prepared in conformance with the subdivision design requirements. Non-motorized circulation is defined as movement by persons on foot, bicycle,or other human-powered device. Non-motorized circulation depicting sidewalks and bicycle facilities shall be consistent with LDC subsection 5.05.08 A.5. Cross sections and details for improvements are required; • The absence of obstructions in the public right-of-way shall be demonstrated, including provisions for safe and convenient street crossing. • Cross sections and details for improvements required in LDC subsections 6.06.02 A.7 through 6.06.02 A.9; • Improvements for water management purposes as needed or as may have been specified during the site development plan review, prepared in conformance with subdivision design requirements and pursuant to South Florida Water Management District rules, chapter 40E-4,40E-40 and 40E-41, Florida Administrative Code; • Citation to the applicable technical specifications for all infrastructure improvements to be constructed; • Engineering design computations and reports for water,sewer, roads,and water management facilities, as required by federal,state, and local laws and regulations. • Topographical map of the property including: o Existing features,such as,watercourses,drainage ditches, lakes, marshes. o Existing contours or representative ground elevations at spot locations and a minimum of 50 feet beyond the property line. o Benchmark locations and elevations(to both NGVD and NAVD). • Site clearing plan and methods of vegetation protection. • Where jurisdictional wetlands occur onsite,approved wetland jurisdictional lines shall be shown on the construction plans. 19. County-Permits:All necessary permits and applications requiring County approval and other permitting and construction related items, including but not limited to the following,shall be submitted and approved with the site development plan.These permits may include, but are not limited to the following: • Excavation permit. • A Collier County right-of-way permit. • Blasting permit, prior to commencement of any blasting operation. • Interim wastewater and/or water treatment plant construction or interim septic system and/or private well permits prior to building permit approval. • Any additional state and federal permits which may be required prior to commencement of construction,addressing the impacts on jurisdictional wetlands and habitat involving protected species. • All other pertinent data, computations, plans, reports,and the like necessary 115 Hage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures for the proper design and construction of the development that may be submitted. • All necessary performance securities required by Collier County ordinances in effect at the time of construction. 20. Non-County Permits:All Federal,State,and other local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. • Florida Department of Environmental Protection water and sewer facilities construction permit application. • Notice of Intent(NOI)to issue either a Florida Department of Transportation Right-of-Way permit. • South Florida Water Management District permit, if required or,Collier County general permit for water management prior to site development plan approval. • Any additional state and federal permits which may be required prior to commencement of construction,addressing the impacts on jurisdictional wetlands and habitat involving protected species,such as: o USACOE permit and exhibits. If no USACOE permit,SFWMD permit and exhibits shall be submitted. o For the RFMUD,Agency accepted UMAM/WRAP scores. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and approve,approve with utilizing the criteria identified in the applicable LDC sections. Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction.All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval,permits may be submitted at the pre-construction meeting. The following permits,if applicable,require final approval and issuance prior to the County pre-construction meeting: 1. Florida Department of Transportation Right-Of-Way Construction Permit. 2. Collier County right-of-way[ROW] permit. 116 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code Administrative Procedures Manual Chapter 4 /Administrative Procedures Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03,the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents,and 2. 1 disk(CDROM)of the master plan file, including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET)units; as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e. right-of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information(parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lottxt layer. Revised 6/11/13 CC 06/21/2013(ELS) 117 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures I.3. Site Improvement Plan (SIP) Reference LDC subsection 10.02.03 E and other provisions of the LDC. Applicability This procedure applies to a site improvement plan(SIP) request.A SIP must meet all of the criteria in LDC subsection 10.02.03 E. Pre-application A pre-application meeting is required unless waived by the County Manager or designee at the request of the applicant, pursuant to LDC subsection 10.02.03 E. Initiation The applicant files a "Site Improvement Plan Application"with the Planning&Zoning Department. Application Submittal Credentials: Pursuant to LDC subsection 10.02.03 E,the site plans shall be Contents and Site signed and sealed by the applicant's professional engineer licensed to practice Plan Requirements in the state of Florida. For projects subject to LDC section 5.05.08,architectural drawings,shall be signed and sealed by a licensed architect, registered in the state of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in state of Florida. File size:The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Project title; • Legal description; • Property identification number; • Section,township and range; • Subdivision name, unit, lot and block,and • Scale, north arrow,and date. 4. Zoning designation of the subject and adjacent sites and the proposed use of the subject site. 5. Detail of requested changes. 6. Cover letter briefly explaining the project. 7. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly. 8. Location,configuration, and dimensions of all building and lot improvements. 9. Location and configuration of parking and loading areas,and the directional movement of internal vehicle traffic. 10. Location and dimension of access point(s)to the site. 11. Parking summary in matrix form,indicating the required and provided parking for 118 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures each existing and proposed use. 12. Location and configuration of handicapped parking facilities and building accessibility features. 13. Location,dimension,and configuration of existing water management facilities. 14. Location of trash enclosures. 15. Location of existing and proposed landscaping with specifications as to size, quantity,and type of vegetation. 16. All required and provided setbacks and separations between structures in matrix form. 17. Any additional relevant information as may be required by the Planning&Zoning Department. Completeness and The Planning&Zoning Department will review the application for completeness.After Processing submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and approve,approve with utilizing the criteria identified in the applicable LDC sections. Pre-Construction A pre-construction meeting is not required. However,all Federal,State,and local permits Meeting shall be submitted prior to construction. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03,the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents,and 2. 1 disk(CDROM)of the master plan file,including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) units;as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e.right-of-way—ROW,centerlines—CL,edge-of-pavement- EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information(parcels,lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations 119 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures n pertaining to property information shall be on a unique layer. Example:Lot dimensions—Lottxt layer. Revised 6/11/13 CC �1 120 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 J Administrative Procedures I.4. Site Development Plan Amendment (SDPA) Reference LDC subsection 10.02.03 F and other provisions of the LDC. Applicability This process provides for amendments to a site development plan(SDP).A site development plan amendment(SDPA)shall meet the criteria identified in LDC subsection 10.02.03 F. c See Chapter 41.5 of the Administrative Code for insubstantial changes to a site development plan(SDPI)or site improvement plan(SIP!). Pre-Application A pre-application meeting is required. Initiation The applicant files a "Site Development Plan Amendment Application"with the Planning& Zoning Department. Application Contents A site development plan amendment application must include the following, in addition to and Site Plan the Application Contents and Requirements for site development plans,as applicable. c=> Requirements See Chapter 41.2 of the Administrative Code. Submittal Credentials: Pursuant to LDC section 10.02.03,the site plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the state of Florida. For projects subject to LDC section 5.05.08,architectural drawings,shall be signed and sealed by a licensed architect, registered in the state of Florida. Landscape plans shall be signed and sealed by licensed landscape architect, registered in state of Florida. File size:The site improvement plan and the coversheet shall be prepared on a maximum size sheet measuring 24 inches by 36 inches,drawn to scale showing the areas affected by the amendment.The sheet must clearly show the change"clouded" and clearly delineate the area and scope of the work to be done. The application must include the following: 1. Property information, including: • Original SDP number or AR/PL number; • Total area of project;and • Site address. 2. Description of proposed amendment. Completeness and The Planning&Zoning Department will review the application for completeness.After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review and will approve,conditionally approve,or deny the change. 121Hage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction.All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. Digital Submittal After the final site development plan has been approved by the County Manager or Requirements designee for compliance with the LDC as provided in section 10.02.03,the applicant's professional engineer shall submit: 1. Digitally created construction/site plan documents,and 2. 1 disk(CDROM)of the master plan file, including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET)units; as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad (DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e. right-of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information (parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions—Lottxt layer. Revised 6/10/13 CC 122 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures I.5 Insubstantial Change to a Site Development Plan (SDPI) or Site Improvement Plan (SIPI) Reference LDC subsection 10.02.03 F. Applicability An insubstantial change must meet the criteria established in LDC subsection 10.02.03 F. In order to determine if a change is truly insubstantial and does not require an amendment to a SDP or SIP,the applicant shall contact the Planning&Zoning Department to discuss the proposed change. The applicant may request the meeting online (http://apps2.colliergov.net/webapps/vision/meetings)or contact the Planning&Zoning Department by mail or telephone to request a telephone consultation for Insubstantial Change to SDP or SIP. Pre-Application A pre-application meeting is not required, but the applicant must obtain pre-submittal authorization from the Planning&Zoning Department. Initiation The applicant files an "Insubstantial Change to:Site Development Plans or Site Improvement Plans"application with the Planning&Zoning Department Application Contents The application must include the following: 1. Applicant contact information. 2. Project information, including: • Project Name; • Assigned Planner; • Original SDP/SIP Number;and • Section,township and range. 3. Addressing Checklist. 4. Copy of email from the Planner who deemed proposed changed to be insubstantial. 5. Cover letter describing in detail the proposed changes, including any discussions with the assigned planner that may be pertinent to the review of the application. 6. Coversheet with the following included: • Project title; • Reference stating the project is an Insubstantial Change to appropriate SDP of SIP; • Applicant Contact Information; • Zoning designation (if zoned PUD, include PUD Ordinance and Development Commitment Information); • Vicinity map clearly identifying location of the development; • Legal description;and • Property identification Number. Completeness and The Planning&Zoning Department will review the application for completeness. After 123 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and approve,approve with utilizing the criteria identified in LDC section 10.02.03. 1241 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code 1 Administrative Procedures Manual Chapter 4 / Administrative Procedures J. Temporary Permits J.1. Amplified Sound Permit Reference Code of Laws and Ordinances section 54-92. Applicability This procedure applies to a request for a one-time,site-specific,Amplified Sound Permit for any commercial business or nonresidential land use which conducts such outdoor entertainment activities within 2,500 feet of any property containing a residential use or of any residential zoning district. See Code of Laws and Ordinances section 54-92 for information on how to measure the distance of the sound source to the affected residential property. Pre-Application A pre-application meeting is not required. Initiation An applicant files an "Amplified Sound Permit"application with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S.§250.13 et seq. 3. Consent/authorization of owner. 4. Business or establishment information, including: • Name of business/establishment; • Property identification number; • Address; • Phone number;and • Zoning classification. 7. A sketch and description of the area in which the event will occur on the property. 8. A narrative description of any factors which might mitigate the impact of close proximity of the activity to adjacent residential use or zoning; 9. Event information, including: • Type of event(i.e. amplified, non-amplified,community event,enclosed, and/or non-enclosed); • Description of event; • Hours of operation; • Hours of music;and • Identification of sound, method and number of loudspeakers and other amplifying devices to be used. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the 125 I P a g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures Application petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the Code of Laws section 54-92. Updated 05/22/2013:Application Contents(ELS) 06/21/2013 ELS 126 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures J.2. Annual Beach Events Permit Reference LDC section 5.04.01,5.04.07, LDC subsection 10.02.06 F,and LDC Appendix G. Applicability This procedure applies to a request for an Annual Beach Event permit. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Annual Beach Events Permit"application with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S. §250.13 et seq. 4. Event information,including: • Property identification number; • The effective dates of permit; • Reason for event;and • On-site contact information. 5. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. FDEP field permits shall be submitted prior to commencement of activity,if applicable. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.07. Updated 05/23/2013:Application Contents(ELS) 06/24/2013(ELS) 127 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures J.3. Carnival/ Circus Permit Reference Code of Laws and Ordinances sections 10-26 to 10-33, 10-46 to 10-51 and sections 66-89 to 66-91. Applicability This applies to any operator,sponsor,or owner of a carnival or exhibition. This includes any activity(whether private or commercial)with the following characteristics not prohibited by state law to be open to the public for an admission or participation fee: • Menageries; • A circus,sideshow performances,ferris wheels and other ride activities, food and drink dispensing facilities; • Booths for the conduct of games of skill and chance;and • Freak and similar novelty shows. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Carnival Operation Application"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S. §250.13 et seq. 3. Property information, including; • Legal description; • Address of subject site and general location;and • Property identification number. 4. Current zoning of subject property. 5. A description of the nature of the application. 6. A surety bond in the penal sum of$2,500.00,issued by a company authorized to issue such bonds in Florida,conditioned upon the operator complying with each provision of this section and subject to forfeiture under the terms provided in Code of Laws section 10-31 and section 10-33. 7. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of$100,000.00 for any one person and$300,000.00 for any one incident. 8. A current occupational license issued by the Collier County Tax Collector. 9. The name and headquarters address of the carnival or exhibition company with a direct or indirect financial interest;names and addresses of any sponsoring organizations, and the name and local address of the applicant representing the carnival or exhibition company. 10. A description of every activity to be conducted such as but not limited to, 128 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures menageries;circus and side-show performances;amusement, merry-go-round and other ride activities;food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by state law to be open to the public for an admission or participation fee and number of persons to operate the activities. 11. Name and identification of each person accountable for the operation of each activity. 12. A description and sketch of the site showing the location of each activity proposed,the location and number of sanitary facilities;parking facilities,and provision for lighting and public water. 13. Application for food establishment operating permit from the county health department as required by the Code of Laws and Ordinances section 66-89 through section 66-91. 14. The plan for refuse,garbage,debris,and sewage disposal during and after operation of the circus or exhibition. 15. Provisions for traffic control,fire safety and security precautions. 16. The date and time each activity is to be conducted and concluded. 17. Written approval from the owner of the property authorizing the use of his premised for such carnival activity. 18. An indication of whether the event has been held in Collier County in the past, and if so the location and time the event was held. 19. Individual booth and sponsor notification form for temporary events with the following included: • Name of Event; • Name of Booth; • Person in Charge of booth; • Types of Food or Beverage to be served; • Location of advanced food preparation; • How will food be transported to event location; • Method of keeping food hot and/or cold at event site; • Method of cooking food at the location; • The method for protecting food from dust,insects,flies,coughs, and sneezes;and • The method for providing adequate facilities and supplies for employee hand washing. 20. A signed statement that the applicant understands that failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. 21. Addressing checklist. 129 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures 22. Owner/agent affidavit as to the correctness of the application. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the required Application fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold at least 1 public hearing for events that have not been previously approved. Decision Maker 1. For events that have not been previously approved and cannot be administratively approved,the BCC shall act as the decision making body following interpretation of the criteria set forth in the Code of Laws and Ordinances section 10-49. 2. For events that have been previously-approved,the County Manager or designee may, in their discretion,administratively approve any application for a carnival permit where the event being applied for is substantially identical to an event for which the BCC previously approved a permit application. Review Process 1. Except as set forth below,the Planning&Zoning Department will review the application and forward one copy to the sheriff and one copy to the health department for review. The sheriff and health department will provide their comments within seven calendar days. 2. The Planning&Zoning Department will place the application on the agenda of the next regular meeting of the BCC for approval or denial. 3. Previously-approved events: C=>See Code of Laws and Ordinances section 10-48 and section 10-51. Updated: 05/23/2013:Application Contents(ELS) 06/24/2013(ELS) 130JPage 1:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code Administrative Procedures Manual Chapter 4 /Administrative Procedures J.4. Film Permit Reference LDC section 5.04.01,5.04.08,and LDC subsection 10.02.06 F. Applicability This procedure applies to the request for a Film Permit for the following activities taking place, in conjunction with commercial motion picture,film,television,video,or still photography production:the use of set scenery,temporary structures or other apparatus,special effects or closure of public streets or access ways. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Temporary Use Permit-Special Event"application with the Planning &Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale,when required by section F.S.§250.13 et seq. 4. Locations, including the duration of use and hours of filming. 5. Description of proposed uses. 6. Impact of proposed use on adjacent properties. 4. 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. The applicant shall provide to the County Manager or designee a certificate of insurance evidencing that said insurance is in effect and certifying that Collier County be given 30 days notice prior to the expiration or cancellation of the policy. 5. Special effects to be utilized,especially incendiary or explosive devices,with proof 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 license from the applicable federal and/or state agencies,and authorization from the local fire district permitting the event. 6. The following information is required by the County Manager or designee, unless waived: • A conceptual plan indicating the location of film events and parking facilities provided; • Plans for construction or utilization of structures on 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; • A description of any lighting facilities that would be necessary and/or the need to disconnect any public lighting; • A description of any use which may encroach into environmentally sensitive areas; 131 I P a g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures • 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; • Necessity for closures of public streets or sidewalks and for what duration and location; • An indication of any utilization of aircraft/fixed-wing, helicopter,or balloons at the subject site(s); • List of county personnel or equipment requested,and an agreement to pay for extraordinary services provided by Collier County; • Provisions for traffic control,fire safety and security precautions; • If located on private property, not under the county's ownership or control, a written notarized agreement from the property owner to allow the filming to occur on his property;and • Additional information requested to assist Collier County in obtaining future film production. 7. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or designee to provide for cleanup and/or restoration of the subject site(s). 8. Office of the Fire Code Official's requirements, if applicable: • Special Event Permitting Questionnaire/Checklist;and • Tent Installation Notification form. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.08. Updated 06/24/2013(ELS) 132 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures J.5. Model Homes and Model Sales Centers Reference LDC section 5.04.01, 5.04.04 and LDC subsection 10.02.06 F. Applicability This procedure applies to a request for a Temporary Use permit for a model home or model sales center intended to facilitate the sale of a product similar in design as the model. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Temporary Use Permit-Model Home/Model Sales Center" application with the Planning and Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S.§250.13 et seq. 4. Property information, including; • Property identification number; • Subdivision/Development; • Unit, lot and block; • Developer/Builder information;and • Address of subject site and general location. 5. Current zoning of subject property. 6. Description of proposed uses. 7. Duration of use. 8. Hours of operation. 9. Identify the impact of proposed use on adjacent properties. 10. Model homes or model sales centers to be located within a proposed single-family development prior to final plat approval require the following additional application contents: • A plat and construction plans showing all required infrastructure for the lot(s)on which the model home or model sales center is to be located; • A site development plan '*See Chapter 4 1.2 of the Administrative Code.; • A maximum of 5 models,or a number corresponding to 10%of the total number of platted lots,whichever is less, per platted,approved development shall be permitted prior to final plat approval as specified. • Documentation showing all required utilities will be available to the subject site.The SDP must depict all required utilities in detail; • The boundaries depicted on the preliminary subdivisions plat shall be depicted on the SDP in order to ensure compliance with the applicable 133 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures development standards in effect on the subject property; • 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;and • Confirmation that the model home has not been previously used as a residence. 11. Model Sales Center within an existing subdivision require the following additional application contents: • In the case of a permanent structure which is a dwelling unit, a site improvement plan(SIP), pursuant to LDC section 10.02.04 and subsection 5.04.04 C; • In the case of a permanent structure which is other than a dwelling unit,a site development plan(SDP), pursuant to LDC section 10.02.03 and subsection 5.04.04 C;and • In the case of a temporary structure(mobile home or sales trailer),either a conceptual site plan which addresses the requirements of LDC subsection 5.04.04 C. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC section 5.04.04. Updated 05/23/2013:Application Contents(ELS) 06/24/2013 (ELS) 134 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures J.6. Special Events Reference LDC section 5.04.01, LDC subsection 5.04.05 A, 10.02.06 F,and Code of Laws section 118- 131 to 118-155 Applicability This procedure applies to a request for a Temporary Use Permit. Specifically,for a Special Event such as a sales and promotional event or a sports, religious, and community event. Pre-Application A pre-application meeting is not required. Initiation The applicant shall submit a "Temporary Use Permit-Special Event"application with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S. §250.13 et seq. 4. Property information,including; • Legal description; • Property identification number; • Shopping center; • Business name;and • Address of subject site and general location. 5. Current zoning of subject property. 6. Type of event proposed. 7. Description of proposed uses. 8. Duration of use. 9. Hours of operation. 10. Impact of proposed use on adjacent properties. 11. A conceptual site plan (CSP)or a site development plan (SDP)is required for special events and seasonal sales.The site plan must demonstrate that provisions will be made to adequately address each of the following: • Vehicular and pedestrian traffic safety measures; • Limited activity hours; • Watchmen,fencing,and lighting; • Fire protection and emergency access measures; • Sanitary facilities;and • If required,a faithful performance bond to guarantee compliance with the conditions of the permit. 135 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures • Adequate on-site or additional off-site parking areas shall be provided as follows: o A maximum of 10 percent of the parking required by LDC section 4.05.04 may be occupied or otherwise rendered unusable by the placement of temporary structures,equipment, and merchandise; and o The minimum required number of handicapped parking spaces pursuant to LDC section 4.05.07 shall remain available for use. 12. Temporary Event Recycling Plan, pursuant to Code of Laws section 118-131 to 118- 155. 13. Office of the Fire Code Official's requirements, if applicable: • Special Event Permitting Questionnaire/Checklist;and • Tent Installation Notification form. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 5.04.05 A. Updated: 05/22/2013:Application Contents(ELS) 06/24/2013 (ELS) 136 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 / Administrative Procedures J.7. Temporary Uses during Construction Reference LDC section 5.04.01,5.04.03 and LDC subsection 10.02.06 F. Applicability This procedure applies to a request for a Temporary Use permit during the construction of any development for which at least a preliminary development order has been granted. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Temporary Use Permit-Construction and Development"application with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Consent/authorization of owner. 3. A current valid Business Tax Receipt in the case of a temporary sale,when required by F.S. §250.13 et seq. 4. Property information,including; • Development/Subdivision; • Developer; • Address of subject site;and • Site development plan number. 5. Description of proposed uses. 6. Duration of use. 7. Hours of operation. 8. Impact of proposed use on adjacent properties. 9. Proposed temporary structures require the submittal of a conceptual site plan. a See Chapter 41.1 of the Administrative Code. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. The temporary use permit may be approved prior to or simultaneously with the submission of a building permit application, if applicable. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and prepare a letter of approval or denial utilizing the 1371 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures criteria identified in the LDC section 5.04.03. Updated 05/23/2013:Application Contents(ELS) 06/24/2013(ELS) 138Hage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures K. Zoning Certificate Reference LDC subsection 10.02.06 B.1.f. Applicability 1. A Zoning Certificate provides a statement of compliance with the LDC for proposed uses. 2. A Zoning Certificate is required prior to: • Applying for a business license,for residential and non-residential; • Prior to occupying land or a building space.This includes a subdivided building,such as a strip mall;and • Prior to conducting business in all zoning districts. 3. It is recommended to obtain a Zoning Certificate prior to any building remodels. Pre-Application A pre-application meeting is not required. Initiation The applicant files one of the following applications with the Planning and Zoning Department: • "Land Use and Zoning Certificate-Home Business,"or • "Land Use and Zoning Certificate-Non-Residential" Application Contents An application for a Non-Residential Zoning Certificate must include the following: for Non-Residential 1. Applicant contact information. 2. Business information, including: • Name; • Phone number; • Address; • Owner or qualifiers name; • Type of business or use; • Complex name,if applicable; • Type and name of business previously or presently occupying location;and • The length of time the property has been vacant, if applicable. 3. Building use information,including: • Proposed building use, including the square footage devoted to the use; • A brief description of the building(e.g.,single-occupant building,shopping center,office or business center); • Total building floor area;and • Number of parking spaces for the building,and the number available for the proposed use. Application Contents An application for a Home Business Zoning Certificate must include the following: for a Home Business 1. Applicant contact information. 2. Business name, phone number,and address. 139 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 I Administrative Procedures 3. A brief description of the type of business or use. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process After the application is complete,the Planning&Zoning Department will review and evaluate the application and will issue or deny the Zoning Certificate based on the provisions of the LDC. Updated 05/22/2013:Application Contents(ELS) 06/24/2013:Application Contents(ELS) 140 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures L. Zoning Verification Letters L.1. Zoning Verification Letter - Generally Reference LDC subsection 10.02.06 J. Applicability A Zoning Verification Letter may be used to verify: 1. The zoning of the property according to the Collier County Zoning Map; 2. Future Land Use according to the Collier County Growth Management Plan. The letter may provide additional information about the subject property if the applicant requests it. This includes: 1. Permitted uses and development standards applicable to the property under the LDC; 2. Zoning of the adjacent properties; 3. Confirmation of any Site Development or Improvement Plans approved for the property; 4. Confirmation of any Variances or Conditional Uses approved for the property; 5. The nonconforming status of the property(whether the lot is"buildable")will be provided if specifically requested;and 6. Additional zoning information may be provided,subject to the availability of information, and may be specifically requested. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information,including: • Address of subject site;and • Property identification number. 3. Type of verification being requested. 4. Additional materials may be requested, such as the original or amended site plan and/or survey. 5. If verification as to nonconforming status is requested,a copy of the Property Appraiser's Card shall be submitted with the application. This copy may be obtained from the Collier County Property Appraiser's Main Office located at 3950 Radio Rd.,or by calling 239-252-8141. 6. Information on building permits must be obtained through the Growth Management Records Room at 239-252-5740. 7. Information on Code Enforcement cases/violations must be obtained through -� 141 J Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures the Code Enforcement Department at 239-252-2440. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed,and prepare a Zoning Verification Letter for the applicant. Updated 05/22/2013:Application Contents(ELS) 06/24/2013(ELS) 142 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures L.2. Zoning Verification Letter - Non-residential Farm Building Reference LDC subsection 10.02.06 J and F.S. §823.14 and F.S.§553.73(10)(c) Applicability A Zoning Verification Letter may be used to establish that a non-residential farm building and/or fence is exempt from the Florida Building Code. However,the exemption applies to the structure and does not exempt the applicant from obtaining the necessary electrical, plumbing, mechanical,or gas permits for the structure. Pre-Application A pre-application meeting is not required. Initiation The applicant files a "Zoning Verification Letter Application"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Property identification number;and • Address of subject site. 3. Type of verification being requested. 4. Description of the existing/proposed use of the property. 5. Description of the proposed nonresidential farm building. 6. A survey or sketch, dawn-to-scale plan showing the property boundaries and dimensions and existing easements or rights-of-way, location of water bodies or jurisdictional wetlands. 7. Location of the existing and proposed buildings, identifying the separation distances between buildings and the setbacks to the proposed nonresidential farm building. 8. Compliance with floodplain construction standards. 9. Proof of Bona Fide Farm Operation: • Farm Serial Number assigned by USDA Farm Services;or • Documentation that the land has an Agricultural Exemption through the Collier County Appraiser's Office;or • Description and any supporting documentation to confirm that the property is a Bona Fide Farm Operation,as defined by FS§823.14; 10. A signed affidavit,stating that the proposed structure is exempt from the requirements for a Building Permit per FS§553.73. 11. Additional materials may be requested by the staff planner if necessary. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to 143jPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Planning&Zoning Department, in coordination with the Building Official, review the application, identify whether additional materials are needed, prepare a Zoning Verification Letter for the applicant. Updated 05/23/2013:Application Contents(ELS), 6/12/13 Updated Farm to"Bona Fide Farm Operation" per Heidi.CC 06/24/2013(ELS) 144 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 4 /Administrative Procedures L.3. Zoning Verification Letter - Fence Finished Side Out Waiver Reference LDC subsection 5.03.02 F.5.a. and 10.02.06 J. Applicability A zoning verification letter may be used to waive requirement that fences and walls be constructed to present the finished side to the adjoining lot or any abutting road right-of-way. Pre-application A pre-application meeting is not required. Initiation The applicant files a "Zoning Verification Letter(ZLTR)—Generally"application. Application The application must include the following: Contents q See Chapter 4 L.1 of the "Administrative Code-Zoning Verification Letter— Generally"application content requirements. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000) assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No Public Hearing is required. Decision Maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and prepare the Zoning Verification Letter based on the criteria in LDC subsection 5.03.02 F.5.a. Updated 05/23/2013(ELS) 06/24/2013(ELS) 145 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 5. Subdivision Procedures The following applications and approvals listed in this Chapter are for subdivision procedures. 147 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures A. Lot Split Reference LDC subsection 4.03.04 B. Applicability This section applies to the division of a lot, parcel,or lot of record into no more than 2 parcels. No development order or development permit for the property will be approved until the lot split is recorded. Pre-Application A pre-application meeting is not required. Initiation The applicant files an application for"Lot Split"with Planning&Zoning Department. Application Submittal Credentials:The survey shall be signed and sealed by a land surveyor Contents registered to practice in the State of Florida. The application must include the following: 1. Applicant contact information; 2. Property information,including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location. • Property Appraiser's Parcel Number, if applicable. • Area of existing lot in sq.ft.; • Area of proposed lots in sq.ft.;and • Width of proposed lots calculated according to the LDC defined term for"lot measurement,width." 3. Property History Card,indicating the date the lot first appeared in the Property Appraiser's Records in its current configuration. 4. Recorded warranty deed to show the current ownership from the Clerk of Courts; 5. A signed and sealed survey showing existing and proposed lot dimensions, easements of record, and all structures on the subject property. 6. A drawing or survey showing location of proposed access,including the location of proposed access easements. 7. Addressing checklist. 148 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter5 / Subdivision Procedures Completeness and The Engineering Services Department will review the application for Processing of completeness.After submission of the completed application packet accompanied Application with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e., XXXPL201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the lot split application and will approve,approve with conditions,or deny the application based on the criteria established in LDC subsection 4.03.04 B. Recording The applicant shall file the approved lot split with the Property Appraiser or the Clerk of Courts and record it in the Official Land Records of Collier County. The lot split shall not be effective until it is recorded. Updated 6/10/13 CC 06/24/2013(ELS) 07/11/13-Edits(ES) 149 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code ( Administrative Procedures Manual Chapter 5 / Subdivision Procedures B. Lot Line Adjustment Reference LDC subsection 4.03.04 A. Applicability A lot line adjustment between contiguous lots or parcels,which may be platted or unplatted and under the same or separate ownership, may be requested to correct an engineering or surveying error or to allow an insubstantial boundary change between adjacent parcels. Initiation The applicant files a "Lot Line Adjustment(LLA)"application with the Planning&Zoning Department. Pre-Application A pre-application meeting is required unless waived by the County Manager or designee. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information, including: • Project name; • Legal description of each lot; • Property identification number of each lot; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description;and • Address of subject site and general location. 8. Zoning designations of each lot. 4. A narrative describing the reason for the lot line adjustment and proposed reconfiguration. 5. An affidavit by all property owners that they consent to the lot line adjustment and resulting lot formation.The affidavit shall include the number of existing and resulting lots and that the lot line adjustment complies with the criteria set out in LDC section 4.03.04.The affidavit shall be signed by all property owners and include the following attachments: • Drawings that clearly show the original and the proposed configuration of the lots involved including acreages; • Lot width before and after,calculated according to the LDC definition of"lot measurement,width"; • Lot width provided to depth equal to that of minimum required front yard; • A table and drawing showing setbacks required by the zoning district as they apply to the reconfigured lot;and • Copy of signed and sealed survey showing all structures on each lot or noted as "vacant."The existing and proposed setbacks shall be included on the survey. 9. A drawing or survey showing location of proposed access,including the location of proposed access easements. Completeness The Engineering Services Department will review the application for completeness.After and Processing of submission of the completed application packet accompanied with the required fee,the 150 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXXPL201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Director will approve,approve with conditions,or deny the lot line adjustment using the criteria in LDC subsection 4.03.04 A. Timing ' See LDC subsection 4.03.04 A for timing requirements. Recording The applicant shall file the approved lot line adjustment affidavit and exhibits with Clerk of Courts and record it in the Official Land Records of Collier County.The lot line adjustment shall not be effective until it is recorded. Revised 6/10/13 CC 06/24/2013(ELS) 151 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures C. Preliminary Subdivision Plat (PSP) 1. Preliminary Subdivision Plat - Standard Reference LDC subsection 10.02.04 A and other provisions of the LDC. Applicability The preliminary subdivision plat(PSP)process is required for integrated phased developments, but is otherwise an optional procedure for subdivision development. If an applicant chooses to submit a PSP,the applicant shall provide all of the submittal requirements. The PSP application shall be submitted for the entire property to be subdivided. Pre-application A pre-application meeting is required. Initiation The applicant files a "Preliminary Subdivision Plat Petition"with Planning&Zoning Department. Application The application must include the following: Contents for 1. Applicant contact information. Preliminary Subdivision Plats 2. Addressing checklist. 3. Property information,including • Legal description; • General location and cross streets; • Section,township and range; • Size of plat in acres; • Number of lots;and • Name of development. 4. Current zoning designation of subject property. 5. PUD Monitoring Schedule, if applicable. 6. Aerial photograph(s),taken within the previous 12 months at a minimum scale of 1 in. =200 ft., illustrating existing conditions and any site improvements. 7. Environmental Data Requirements. q See LDC subsection 3.08.00 A. 8. Traffic Impact Study, if applicable. C=>See Chapter 7 of the Administrative Code. 9. Original petition number(PUD name and ordinance, rezone,conditional use,site development plan,etc.), if applicable. 10. Owner/agent affidavit as to the correctness of the application. 11. Historical/Archeological Survey or waiver. 12. Conditional Use application, if applicable. 13. If conditions are requested,justification based on sound engineering principals and practices shall be provided for each condition. 14. Generalized statement of subsurface conditions on the property, location,and results of tests made to ascertain subsurface soil conditions and groundwater depth. 15. If not shown on the plans,the zoning classification of the tract and all contiguous 152 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures properties. 16. For residential projects subject to the provisions of LDC section 10.04.09,a completed School Impact Analysis(SIA)application, location map and review fee. 17. Electronic copies of all documents. Requirements for Submittal Credentials:The preliminary subdivision plat shall be prepared by the applicant's Preliminary engineer and surveyor.The boundary survey shall be signed and sealed by a land Subdivision Plat surveyor registered in the State of Florida. File size:The preliminary subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets,drawn to scale. 1. A cover sheet, including a location map,showing the location of the tract in reference to other areas of the county with a north arrow,graphic scale,and date. 2. The name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. 3. Boundary survey,with bearings and distances as a written description with a reference to section corners. 4. The location and names of adjacent subdivisions and plat book and page reference, if any. 5. A land plan with the following information identified: • Location,dimensions,and purpose of all existing and proposed streets,alleys, property lines,easements,and rights-of-way of record; • Existing streets and alleys of record adjacent to the tract including name, right-of-way width,street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary; • Location of existing and proposed sidewalks and bike paths; • Location of all existing and proposed utilities and related easements; • Location and purpose of existing drainage district facilities and their right-of- way requirements; • Location of existing and proposed watercourses,drainage ditches, bodies of water, marshes and wetlands; • Location of existing possible archaeological sites and other significant features; • The proposed layout of the lots and blocks; • The plan shall indicate whether the streets are to be public or private. Proposed street names shall be identified on all public and private thoroughfares; • Location of proposed sites for parks, recreational areas,and school sites or the like,in accordance with any existing ordinances requiring such a dedication; • Location of buffer areas required by LDC section 4.06.01 shall be illustrated 153Hage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures and the dimensions provided, if appropriate at this time;and • Typical right-of-way and pavement cross sections shall be graphically illustrated on the plans and shall include but not be limited to the location of sidewalks, bike paths,and utilities. 6. Interconnectivity of local streets between developments shall be consistent with LDC section 6.06.01 B and GMP Objective 9. 7. Access Management Plan.All access provisions to the nearest public street(s)shall be identified,including all existing and proposed driveways. 8. Water Management Plan.The master water management plan shall outline the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage,water management,and development of the subdivision.All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided shall be identified on the plan. Drainage data,assumed criteria,and hydraulic calculations,consistent with the criteria and design method established by the SFWMD shall be included in the Engineer's Report. • The plan and report shall include the preliminary design calculations indicating the method of drainage,existing water elevations, recurring high water elevations,the proposed design water elevations,drainage structures, canals,ditches,delineated wetlands,and any other pertinent information pertaining to the control of storm and ground water.Any additional information submitted to SFWMD shall also be provided with the plans. 9. Lot configurations.Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. • For fee-simple residential lots,the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot(i.e., Lots 1-20,single-family attached (patio home), and show a typical unit on typical interior and corner lots,depicting setbacks(including preserve setbacks,if applicable)and/or separation of structures. In addition,for fee simple residential lots the illustration shall portray the location of typical units on atypical lots,such as cul-de-sac, hammerhead,and all irregular lots. • For non-residential lots(i.e., multi-family amenity lots or parcels, commercial/industrial lots),the illustration shall portray setbacks and building envelope.Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form.Where there is more than one type of dwelling unit proposed (i.e.,single-family detached,single-family attached,zero lot line), lots must be linked to the type,or types,of unit which they are intended to accommodate. • A table shall be provided showing lot area and lot width for each irregular lot. Regular corner and interior lots may show only typical width and area. 10. Master utilities. Utilities such as telephone, power,water,sewer,gas,and the like,on or adjacent to the tract including existing or proposed water and sewage treatment plants. • The plans shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. 1541 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures • Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. Completeness and The Engineering Services Department will review the application for completeness.After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXPL201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application based on the criteria in LDC subsection 10.02.04 A and other provisions of the LDC and shall approve, approve with conditions,or deny the preliminary subdivision plat. Revised 6/10/13 CC 06/24/2013(ELS) 7/9/13 CC 155jPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 2. Preliminary Subdivision Plat Amendment (PSPA) Reference LDC subsection 10.02.04 A.4 and other provisions of the LDC. Applicability The County Manager or designee is authorized to make amendments to the approved PSP pursuant to LDC subsection 10.02.04 A.4. Initiation The applicant files an "Amendment to Preliminary Subdivision Plat(PSPA)"application with the Planning&Zoning Department. Pre-Application A pre-application meeting is not required. Application Submittal Credentials:The preliminary subdivision plat amendment shall be signed and Contents and sealed by a land surveyor registered in the State of Florida. Requirements for File size:The preliminary subdivision plat amendment shall be submitted on standard size 24- Preliminary inch by 36-inch sheets,drawn to scale. Subdivision Plat Amendments The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Name of development. 4. Amendment to PSP Number(original PSP number). 5. Cover letter describing the proposed changes. 6. Owner/Agent Affidavit. 7. Revised plat. 8. PUD Monitoring Schedule,if applicable. Completeness The Engineering Services Department will review the application for completeness.After and Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XXPL201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection 10.02.04 A.4 and shall approve,approve with conditions,or deny the amendment to the preliminary subdivision plat. Revised 6/10/13 CC 06/24/2013(ELS) 1561 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures D. Construction Plans and Final Subdivision Plat (PPL) D.1. Construction Plans and Final Subdivision Plat - Standard Reference LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Applicability The procedure applies to Construction Plans and Final Subdivision Plats(PPL)which is a required process prior to development and recording of a subdivision where improvements are required. C=>See Chapter 5 F. of the Administrative Code to submit a Minor Final Plat(FP)—when improvements are not required. ca See Chapter 5 E. of the Administrative Code to submit Construction Plans(CNSTR)— when there are only improvements and no platting or recording is required. Pre-Application A pre-application meeting is required for a Construction Plans and Final Subdivision Plat Meeting application.The following information is beneficial to bring for discussion at the pre- application meeting: Written and mapped information describing: 1. A brief description of the land subject to the application and existing conditions. 2. Existing and proposed zoning classifications. 3. The proposed development—include the property subject to the application and any future phases. 4. Existing covenants or restrictions. 5. Location of utility facilities, public facilities, and anticipated utility sources. 6. Water retention areas. 7. Public areas. 8. General soil characteristics. 9. Proposed number of parcels, lots,or tracts. 10. Typical lot or other parcel configuration. 11. Current aerial photograph with a clear film overlay with the proposed subdivision configuration superimposed on the aerial photograph.Aerials and overlay information must be legible at the scale provided. 12. Any other information needed to prepare and review of the application. 13. A map,at a scale of at least 1 in.=200 ft., identifying the following: • Location of the subject property and identification of adjacent lands; • Approximate acreage; • Date of map; • North arrow and scale; • Natural features such as native habitat identified by vegetative cover and depicted in aerial imagery;low or swampy areas;water bodies,streams, 157jPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures lakes,canals or the like; • Streets and layout of all adjoining streets; • General lot and block layout; • Zoning classification of the property subject to the application and adjacent properties; • Location of existing improvements;and • Any other significant features. Initiation The applicant files a "Subdivision Construction Plans and Plat Application"with Planning& Zoning Department. Pursuant to LDC subsection 10.02.04 B.6,site development plans may be submitted for review once the first review comments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. Application Contents The application must include the following: for Construction Plans and Final 1. Applicant contact information. Subdivision Plats 2. Addressing checklist. 3. Property information, including: • Legal description; • Zoning district; • Property identification number; • Project name; • Section,township and range; • Subdivision, unit, lot and block;and • General location and cross streets. 4. Zoning designation of subject property. 5. PUD Monitoring Schedule,if applicable. 6. Digital file of conditional use or PUD application,if applicable. 7. Cover letter explaining the project. 8. PUD Ordinance and Development Commitment Information,as applicable. 9. Owner/Agent Affidavit and Evidence of Authority. 10. Opinion of title. 11. Letter of intent as to the timeline for construction and platting. 12. Home Owner Association documents, if applicable. 13. An aerial photograph.All information must be legible at the scale provided. 14. Certificate of Public Facility Adequacy application. 158 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 15. Fire Flow test. 16. Zoning Data Sheet, including: • Name of Plat(and PUD, if applicable); • Development Standards per LDC or PUD; • Overall subdivision layout; • Table showing lot area and lot width for regular,interior and irregular lots; • Density,as allowed by zoning district; • For Residential lots: o Type of unit identified by LDC definition and description of what is permitted on each lot; o Drawing of typical unit or typical interior and corner lots,showing setbacks, including preserve setbacks)and separation from structures;and o Lot layout and setbacks, particularly for the unique lots. • For Non-Residential lots: o Identification of setbacks and building envelopes. 17. Historical/Archeological Survey or waiver,if applicable. 18. Environmental Data Requirements.C?See LDC subsection 3.08.00 A. 19. Traffic Impact Study. C.See Chapter 7 of the Administrative Code. 20. School Impact Analysis,for residential projects only. 21. Information and data relating to previous zoning actions affecting the project site. 22. Utility letters of availability and plat easement approval letter for utility easements, if applicable. 23. Engineer's Report including: • Complete calculations used to design the facilities, including but not limited to all water,sewer, road,water management systems, and all accessory facilities, public or private; o Detailed hydraulic design calculations utilized to design the water management facilities for the subdivision or development;and o Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the county. • Geo-technical report with soil boring results; • Engineering Review Checklist signed and sealed by the applicant's professional Engineer; • Engineer's Opinion of probable cost;and • Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. 159 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures 24. Vegetation Removal and Site Filling permit(VRSFP),if requested. • Provide separate acreage calculations for each phase of clearing requested; • If clearing or filling lots and building sites,with or without stockpiling,a separate VRSFP application shall be submitted,pursuant to LDC subsection 4.06.04.A.2;and • A site clearing plan. C*See Requirements for Construction Plans for more information. 25. Additional plans included in the construction plans packet: • Streetlight plans,signed and sealed by a professional engineer licensed to practice in the State of Florida or the utility provider; • Landscape plans,signed and sealed by a landscape architect registered in the State of Florida;and • Irrigation plans,signed and sealed by a landscape architect or irrigation designer. 26. Permits:All Federal,State and local permits, including but not limited to the following,shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. • SFWMD Permit, Permit Modification,or waiver,including staff report exhibits; • DEP utility installation permits,water/sewer;and • US Army Core of Engineers permit and exhibit, if applicable. 27. Electronic copies of all documents. Requirements for Submittal Credentials:The construction plans shall be signed and sealed by the applicant's Construction Plans professional engineer licensed to practice in the State of Florida. File size:The construction plans shall be submitted on standard size 24-inch by 36-inch sheets,drawn to scale. The following are required to identify and provide on the construction plans: 1. A cover sheet,including a location map,showing the location of the tract in reference to other areas of the county.The map shall include a north arrow,graphic scale,and date. 2. Construction plans with specifications detailing/showing: • Complete configurations of all required improvements including, but not limited to,all water,sewer, roads,water management systems,and all appurtenant facilities, public or private; • Complete calculations used to design these facilities shall be included with the plans;and • If the development is phased,each phase boundary shall be clearly delineated. 3. Soil Erosion and Sediment Control Plan. q See Chapter 7 of the Administrative Code. 4. Vegetation Removal and Site Filling permit(VRSFP), if requested by applicant. 160 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures • If clearing or filling outside infrastructure is requested,the plans shall differentiate on a site clearing plan (using hatching and legend)the infrastructure clearing and storage of fill as allowed by VRSFP. 5. Preserve Management Plan,including a Native Vegetation Retention/Mitigation Plan, if requested by applicant. 6. Boundary and topographic survey, less than six months old. 7. Site Clearing Plan, including a vegetation inventory. • Areas where improvements are to be constructed with a maximum limit of 10 feet beyond any approved rights-of-way line or 5 feet beyond any easement line. 8. Design sections,i.e.,cross sections of roads,lakes, berms,and lots. 9. Construction details showing compliance with applicable federal,state,and local standards. 10. For required improvements which will be constructed within an existing easement, the existing easement and facilities and the proposed easement and facilities shall be illustrated. • The applicant shall provide copies of the plans to the holder of the easement(s)simultaneously with its submission of the application to the county. 11. Plan and profile sheets,showing roads,water,sewer,conflict crossings,drainage, utilities,sidewalks, bike paths,and any unique situations. 12. Benchmark, based on NOAA datum(both NAVD and NGVD). 13. Locations of test borings of the subsurface condition of the tract to be developed. 14. The construction plans and attachments shall address special conditions pertaining to the subdivision in note form on the construction plans,including statements indicating: • Compliance with federal,state,and local standards as currently adopted; • Source of water and sewer service;and • Required installation of subsurface construction such as water lines,sewer lines,public utilities and storm drainage prior to compaction of subgrade and roadway construction. Requirements for Submittal Credentials:The water management plans and specifications in report form Water Management shall be signed and sealed by the applicant's professional engineer licensed to for Construction practice in the State of Florida. Plans The Water Management plans and specifications shall include, but not be limited to,the following: 1. A topographic map of the land development related to both NAVD and NGVD with sufficient spot elevations to accurately delineate the site topography,prepared by a professional surveyor.The information may be shown referenced to 1 datum with a note on the cover sheet listing a site-specific equation for determining the grades in the other datum. 161 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 2. A drainage map of the entire basins within which the development or subdivision lies. This map may be combined with the above topographic data in a manner acceptable to the County Manager or designee.All ridges lying within the basins and the area of the basins stated in acres,of all the existing and proposed drainage areas shall be shown and related to corresponding points of flow concentration. 3. Flow paths shall be indicated throughout including final outfalls from the development and basins,existing water elevations,all connected and isolated wetlands, recurring high water elevations, proposed design water elevations,and other related hydrologic data. 4. Drainage data,assumed criteria and hydraulic calculations,consistent with the criteria and design method established by the SFWMD. This includes routings for the 25-yr and 100-yr storm events. 5. Pipe sizing calculations for the site. 6. Plans showing proposed design features and typical sections of canals,swales and all other open channels,storm sewers,all drainage structures, roads and curbs,and other proposed development construction. 7. Plans and profiles of all proposed roads.Where proposed roads intersect existing roads,elevations and other pertinent details shall be shown for existing roads. 8. Where additional ditches,canals or other watercourses are required to accommodate contributory surface waters,sufficient right-of-way shall be provided by the developer or subdivider to accommodate these and future needs. 9. For projects that require a construction permit to be issued by the SFWMD,work shall not commence until the applicant has provided the County Manager or designee a copy of the permit or an acceptable"early work" permit. 10. The master drainage plan shall include the drainage plans and details for all lots.The master drainage plan shall show proposed finished grade elevations at all lot corners and breaks in grade.The engineer shall state on the water management calculations the basis for wet season water table selection. 11. Construction plans for all subdivisions,site development plans,site development plan amendments and site improvement plans shall include a general note stating that all off-site drainage improvements associated with the current phase of development, including perimeter berms,swales,stormwater outfall systems and on-site perimeter swales shall be completed and operational prior to commencement of construction of on-site improvement. • This requirement shall be established at the mandatory pre-construction conference. Failure to comply with completion of the required offsite improvements will result in a stop work order being issued until such time as the project is brought into compliance with this requirement;and • The Engineer of record prior to final acceptance shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater system works and their responsibility to maintain the system. Requirements for Submittal Credentials:The final subdivision plat shall be signed and sealed by a land Final Subdivision surveyor registered in the State of Florida. Plats File size:The final subdivision plat shall be submitted on standard size 24-inch by 36-inch 162 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures sheets of mylar or other approved material in conformance with F.S.ch. 177, drawn to scale. The final subdivision plat shall include at a minimum the following requirements: 1. The final plat shall be prepared in accordance with the provisions of F.S. chapter 177, as may be amended. 2. The plat shall be clearly and legibly drawn with black permanent drawing ink or a photographic silver emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. 3. Name of subdivision.The plat shall have a title or name acceptable to the County Manager or designee.When the plat is a new subdivision,the name of the subdivision shall not duplicate or be phonetically similar to the name of any existing subdivision. When the plat is an additional unit or section by the same developer or successor in title to a recorded subdivision,it shall carry the same name as the existing subdivision and as necessary a sequential numeric or alphabetic symbol to denote and identify the new plat from the original plat. If the name of the subdivision is not consistent with the name utilized for any zoning action for the subject property,a general note shall be added to the plat cover sheet which identifies the zoning action name and ordinance number which approved such action. 4. Title.The plat shall have a title printed in bold legible letters on each sheet containing the name of the subdivision.The subtitle shall include the name of the county and state;the section,township and range as applicable or if in a land grant,so stated; and if the plat is a replat,amendment or addition to an existing subdivision, it shall include the words"section,""unit," "replat," "amendment,"or the like. 5. Description.There shall be lettered or printed upon the plat a full and detailed description of the land embraced in the plat.The description shall show the section, township and range in which the lands are situated or if a land grant,so stated,and shall be so complete that from it without reference to the map the starting point can be determined and the boundaries identified. 6. Index.The plat shall contain a sheet index on page 1,showing the entire subdivision on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision.When more than 1 sheet shall be used to accurately portray the lands subdivided,each sheet shall show the particular number of that sheet and the total number of sheets included as well as clearly labeled match lines to each sheet. 7. Survey data.The final plat shall comply with F.S.ch. 177,and shall show the length of all arcs together with central angles, radii,chord bearing,chord length and points of curvature.Sufficient survey data shall be shown to positively describe the boundary of each lot, block,right-of-way,easement, required conservation or preserve area and all other like or similar areas shown on the plat or within the boundary of the plat as shown in the description.The survey data contained on the plat shall also include: • The cover sheet or first page of the plat shall show a location plan,showing the subdivision's location in reference to other areas of the county; • The scale, both stated and graphically illustrated,on each graphic sheet; • A north arrow shall be drawn on each sheet that shows the geometric layout 163 1 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures and the configuration of the property to be platted.The north direction shall be at the top or left margin of the map where practicable; • The minimum size for any letter or numeral shall be 1/10 inch; • The points of beginning and the commencement shall be boldly shown for any metes and bounds description; • All intersecting street right-of-way lines shall be joined by a curve with a minimum radius of 25 feet; • All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted,the land shall be so designated; • Permanent reference monuments shall be shown in the manner prescribed by F.S.ch. 177,as amended,and shall be installed prior to recording of the final plat; • There shall be reserved a space in the upper right hand corner of each sheet for the words"Plat Book "and "Page "with the minimum letter size of%inch.On the line directly below,a space for"Sheet of " • The map shall mathematically close and when practical shall be tied to all section,township and range lines occurring within the subdivision by distance and bearing where applicable;and • All line and curve tables are to be shown on the same sheet as the graphic drawing they relate to.When possible,dimensions shall be shown directly on the map. 8. Lot and block identification. Each lot, block,or other like or similar parcel, however described,shall be numbered or lettered.All lots shall be numbered or lettered by progressive numbers or letters individually throughout the subdivision or progressively numbered or lettered in each block, not necessarily starting with the number"1"or letter"A." Parcels and blocks in each incremental plat shall be numbered or lettered consecutively throughout a subdivision. 9. Protected/Preserve easements.All parcels which constitute a protected/preserve area shall be labeled as an easement or tract.All protected/preserve area easements or tracts shall be dedicated on the final subdivision plat to Collier County without the responsibility for maintenance and to a property owners'association or similar entity with maintenance responsibilities. 10. Street names.The plat shall contain the name of each street shown on the plat in conformance with the design requirements of this section. 11. Utilities.The construction plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities,and the proposed easement and the proposed facilities. • Copies of the construction plans shall be provided by the applicant to the holder of the easement(s)simultaneously with its submission to the county. 12. Outparcels.All interior excepted parcels shall be clearly indicated and labeled "Not a Part of this Plat." 13. Rights-of-way and easements.All right-of-way and easement widths and dimensions 164 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures shall be shown on the plat.All lots must have frontage on a public or private right-of- way in conformance with the LDC. Exceptions to lot frontage requirements are identified in LDC section 4.03.04. 14. Restrictions, reservations,and restrictive covenants. Restrictions pertaining to the type and use of water supply,type and use of sanitary facilities;use, responsibility of maintenance and benefits of water or water management areas,canals,preserve and conservation areas,and other open spaces;odd-shaped and substandard parcels; restrictions controlling building lines;establishment and maintenance of buffer strips and walls;and restrictions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to official record book and page numbers in the public records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. 15. Location.The name of the section,township, range,and if applicable city,town, village,county and state in which the land being platted is situated shall appear under the name of the plat on each sheet. If the subdivision platted is a resubdivision of a part or the whole of a previously recorded subdivision,the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. 16. Basis of bearings.The basis of bearings must be clearly stated, i.e.,whether to"True North," "Grid North"as established by the National Oceanic Society(NOS), "Assumed North,"etc.,and must be based on a well-defined line. 17. Existing or recorded streets.The plat shall show the name, location,and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances. 18. Private streets and related facilities.All streets and their related facilities designed to serve more than 1 property owner shall be dedicated to the public use;however private streets shall be permitted within property under single ownership or control of a property Home Owners'Association a condominium or cooperative association or other like or similar entity.Where private streets are permitted,ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without responsibility to the county or any other public agency.The rights-of-way and related facilities shall be identified as tracts for roads and other purposes under specific ownership.All private streets shall be constructed in the same manner as public streets and the submission of construction plans with required information shall apply equally to private streets. 19. Preserve Setbacks.The required preserve principal structure setback line and the accessory structure setback lines shall be clearly indicated and labeled on the final plat where applicable.The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature,verification must be provided which documents the approval of the boundary limits from the appropriate local,state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. C*See LDC section 6.01.02 for further information. 165 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 20. Certification and approvals.The plat shall contain,except as otherwise allowed below,on the first page(unless otherwise approved by the Engineering Services Director and office of the county attorney prior to submittal)the following certifications and approvals,acknowledged if required by law,all being in substantially the form set forth in Appendix C to the LDC.The geometric layout and configuration of the property to be platted shall not be shown on the page(s) containing the certifications,approvals and other textual data associated with the plat when practical. • Dedications.The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat.All areas dedicated for use by the residents of the subdivision shall be so designated and all areas dedicated for public use,such as parks,rights-of-way,easements for drainage and conservation purposes and any other area, however designated,shall be dedicated by the owner of the land at the time the plat is recorded.Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the Board of County Commissioners. No dedication items shall be included in the general note for the plat; • Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees'consents and approvals of the dedication shall be required on all plats where mortgages encumber the land to be platted.The signature(s)of the mortgagee or mortgagees,as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deeds are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president,vice-president or chief executive officer.At the applicant's option, mortgagee's consents do not have to be included on the plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat recording submittal; • Certification of surveyor.The plat shall contain the signature,registration number and official seal of the land surveyor,certifying that the plat was prepared under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S.ch. 177, part I,as amended.The certification shall also state that permanent reference monuments(P.R.M.), have been set in compliance with F.S.chapter 177, part I,as amended,and this section,and that permanent control points(P.C.P.$)and lot corners will be set under the direction and supervision of the surveyor prior to final acceptance of required improvements. Upon installation of the P.C.P.s,the surveyor must submit to the County Manager or designee written certification that the installation work has been properly completed.When required improvements have been completed prior to the recording of a plat,the certification shall state the P.C.P.s and lot corners have been set in compliance with the laws of the State of Florida and ordinances of Collier County.When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this section,the required improvements and performance guarantee shall include P.C.P.s; • Surveyor's seal.The surveyor of record shall sign and seal copies of the plat 166 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures submitted for approval; • Signature block for county attorney.The plat shall contain the approval and signature block for the county attorney; • Signature block for Board of County Commissioners and clerk of circuit court. The plat shall contain the approval and signature block for the Board of County Commissioners and the acknowledgement and signature block of the clerk of circuit court; • Evidence of title.A title certification or opinion of title complying with section 177.041, F.S., must be submitted with the plat.The evidence of title provided must state or describe:(1)that the lands as described and shown on the plat are in the name,and record title is held by the person, persons or organization executing the dedication,(2)that all taxes due and payable at the time of final plat recording have been paid on said lands,(3)all mortgages on the land and indicate the official record book and page number of each mortgage.The evidence of title may,at the applicant's discretion, be included on the first page of the plat,so long as the information required by section 177.041, F.S.,and this paragraph is clearly stated,an effective date is provided,and the statement is properly signed; and • Instrument prepared by.The name,street and mailing address of the natural person who prepared the plat shall be shown on each sheet.The name and address shall be in statement form consisting of the words, "This instrument was prepared by(name), (address)." Completeness and The Engineering Services Department will review the final subdivision plat application for Processing of completeness.After submission of the completed application packet accompanied with Application the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review,the construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time,the application will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve,approve with conditions,or deny the final subdivision plat. 167 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction.All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval,permits may be submitted at the pre-construction meeting. Re-submittal of Upon re-submittal of construction plans and final subdivision plat,the engineer shall Construction Plans identify all revisions to the construction plans by lettering or numbering;the surveyor and Final Subdivision shall identify all revisions to the plat by highlighting the current revisions.The applicant Plats shall also provide a written response to the county's comments, responding to each comment individually. Digital Submittal After the construction plans and final subdivision plat has been approved by the County Requirements Manager or designee for compliance,the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents;and 2. 1 CDROM of the master plan file,including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET)units; as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e. right-of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information (parcels,lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example:parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example:lot dimensions—Lottxt layer.All construction permits required from local,state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Recording Process The final subdivision plat shall be recorded pursuant to LDC subsection 10.02.04 F. C>See Chapter 5 G. of the Administrative Code Revised 6/10/13 CC 06/24/2013(ELS) 168 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures D.2. Final Subdivision Plat - For Townhouse Fee Simple Development Reference LDC subsections 10.02.04.B and 10.02.04 C and other provisions of the LDC. Applicability For final subdivision plat incorporating a townhouse development on fee simple lots,the additional application contents identified below shall be provided with the final subdivision plat application. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Subdivision Construction Plans and Plat Application"with Planning& Zoning Department. Pursuant to LDC subsection 10.02.04 B.6,site development plans may be submitted for review once the first review comments of the construction plans and final subdivision plat are posted. No site development plans may be approved until the final subdivision plat is approved by the County Manager or designee. Application Contents A Townhouse Fee Simple Development application must include the following, in addition to the Application Contents and Requirements for construction plans and final subdivision plat. C*See Chapter 5 D.1 of the Administrative Code. Submittal Credentials:The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida.The final subdivision plat shall be prepared by a land surveyor registered in the State of Florida.The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida. File size:The construction plans and final subdivision plat shall be submitted on standard size 24-inch by 36-inch sheets, drawn to scale. 1. A coversheet which includes: • Applicant contact information; • The name of the development; • The zoning district; • PUD Ordinance and Development Commitment information; • Legal description of the subject property, both prior to and after subdivision; and • A location map,showing the location of the tract in reference to other areas of the county.The map shall include a north arrow,graphic scale,and date. 2. Landscape plans,signed and sealed, in accordance with LDC section 10.02.14. 3. Traffic Impact Study See Chapter 7 of the Administrative Code. 4. For residential projects subject to the provisions of LDC section 10.04.09,a completed School Impact Analysis(SIA)application, location map and review fee. 5. The following information in table format: • Total site acreage; • Total square footage of impervious area, including all parking areas,drive aisles, internal streets,and the percentage of impervious area of the total 169 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures site area; • Total number of units, units per acre,and a unit breakdown by square footage and number of bedrooms,as well as minimum/maximum (as applicable)floor area required and floor area proposed; • All required and provided setbacks and separations between principal and accessory structures; • Maximum building height allowed by zoning district and height proposed; • Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement; • A parking summary,showing number of spaces required,and number of spaces provided;and • Preserve area required and provided; 6. A Site Plan illustrating the following: • Name and alignment of existing/proposed rights-of-way of all streets bordering the development; • Name and alignment of existing/proposed rights-of-way for all internal streets and alleys; • Location of all existing driveways or access points of the opposite sides of all streets bordering the development; • Location of all traffic calming devices; • Location and configuration of all development ingress and egress points; • Location and arrangements of all proposed principal and accessory structures; • Directional movement of internal vehicular traffic and its separation from pedestrian traffic; • Location of emergency access lanes,fire hydrants and fire lanes; • Location of all handicapped parking spaces; • Location of trash enclosures or compactors,if applicable; • Location and proposed heights of proposed walls or fences; • Location of sidewalks and pathways,designed in accordance with LDC section 6.06.02; • Location of residential off-street parking in accordance with LDC subsection 4.05.04 D.1; • Location of all required preserves with area in square feet;and • Any additional relevant information as may be required by the County Manager or designee. Completeness and The Planning&Zoning Department will review the final subdivision plat application for completeness.After submission of the completed application packet accompanied with 170 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures Processing the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold at least 1 advertised public hearing. Decision Maker The BCC. Review Process The Engineering Services Department will review the application,identify whether additional materials are needed and review the application for compliance with LDC subsections 10.02.04 B and 10.02.04 C and other provisions of the LDC. Once submitted for review,the townhouse construction plans and final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time,the application review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve,approve with conditions,or deny the final subdivision plat. Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Department Meeting prior to the commencement of construction.All Federal,State,and local permits shall be submitted prior to construction and before the pre-construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. Digital Submittal After the final subdivision plat has been approved by the County Manager or designee for Requirements compliance the applicant shall submit the following: 1. The applicant's professional engineer shall submit a digitally created construction/site plan documents;and 2. 1 CDROM of the master plan file, including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) units; as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF)format;information layers shall have common naming conventions(i.e. right-of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information(parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example:lot dimensions—Lottxt layer.All construction permits required from local,state and federal agencies must be submitted to the County Manager or designee prior to commencing development — within any phase of a project requiring such permits. 171 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Recording Process The Townhouse Construction Plans and Final Subdivision Plats shall be recorded pursuant to LDC subsection 10.02.04 F ' .See Chapter 5 G. of the Administrative Code. Revised 6/10/13 CC 06/24/2013 (ELS) 172 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures E. Construction Plans (CNSTR) E.1. Construction Plans - Standard Reference LDC subsection 10.02.04 E. Applicability This procedure applies to construction improvements which do not require platting or recordation of land. Pre-application A pre-application meeting is required. Initiation The applicant files an "Application for Construction Plans(CNSTR)"with the Planning &Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Property information,including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block; • Project name;and • General location. 4. Cover letter, briefly describing the project. 5. Streetlight plans. 6. Landscape plans. 7. Professional engineer's report. 8. Construction Plans. 9. Professional engineer's opinion of the probable construction costs or contract bid price. 10. Electronic copies of all documents. Requirements for ?See Chapter5 D.1 -Construction Plans and Final Subdivision Plat section of the Construction Plans Administrative Code for the construction plans and water management plan requirements. Submittal Credentials:The construction plans shall be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida.The landscape plans shall be signed and sealed by a landscape architect registered in the State of Florida.The streetlight plans shall be signed and sealed by a irrigation designer or landscape architect registered in the State of Florida File size:The construction plans shall be submitted on standard size 24-inch by 36- inch sheets, drawn to scale. 173 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Completeness and The Engineering Services Department will review the application for completeness. Processing After submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with LDC subsection 10.02.04 E and shall approve or deny the application. Once submitted for review,the construction plans application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time,the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre-Construction A pre-construction meeting shall be scheduled with the Engineering Services Meeting Department prior to the commencement of construction.All Federal,State,and local permits shall be submitted prior to construction and before the pre- construction meeting.At the County Manager or designee's approval, permits may be submitted at the pre-construction meeting. Digital Submittal After the final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: following approval 1. The applicant's professional Engineer shall submit a digitally created by the County construction/site plan documents;and Manager or designee 2. 1 CDROM of the master plan file,including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection, and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET)units;as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF) format;information layers shall have common naming conventions(i.e. right- of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information (parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example:lot dimensions- Lottxt layer.All construction permits required from local,state and federal n agencies must be submitted to the County Manager or designee prior to 1741 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures commencing development within any phase of a project requiring such permits. Revised 6/10/13 CC 06/24/2013(ELS) 175 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures E.2. Insubstantial Change to Construction Plans (ICP) Reference LDC subsections 10.02.04 B.5 and 10.02.05 A.5 Applicability Approved construction plans may request minor or insubstantial changes due to site inspections and/or unexpected conditions that warrant changes to the plans.All changes must be noted on the record drawings. No changes to the final subdivision plat are permitted. Pre-application A pre-application meeting is required unless waived by the County Manager or designee. Initiation The applicant files an "Application for Insubstantial Change to Construction Plans" with the Planning&Zoning Department. Application Submittal Credentials:Construction plans for all of the improvements required shall Contents be signed and sealed by the applicant's professional engineer licensed to practice in the State of Florida. File size:The construction plans shall be submitted on standard size 24-inch by 36- inch sheets,drawn to scale. The application must include the following: 1. Applicant contact information. 2. Addressing checklist. 3. Project information, including: • Assigned Planner; • Project name; • Original SDP/SIP number;and • Section,township and range. 4. Determination(i.e.email correspondence)from the County Manager or designee that confirms the following: • The proposed revisions to a PPL, CNSTR,SDP or SIP is consistent with the insubstantial change criteria;and 5. Cover letter describing in detail the requested changes and identification of the sheet number and the plans affected by the requested change.The cover sheet shall be signed and sealed and include the following information: • Project Title; • Reference the project is an Insubstantial Change for PPL,CNSTR,SDP or SIP; • Zoning Designation; • Vicinity map clearly identifying the location of the development;and • Property information,including: o Legal description;and 176 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures o Property identification number. Completeness and The Engineering Services Department will review the application for completeness. Processing After submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed and review the application for compliance with LDC sections 10.02.04 and 10.02.05 and any other applicable LDC sections. Once submitted for review,the insubstantial change application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time,the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. Pre-Construction A pre-construction meeting shall have occurred with the Engineering Services Meeting Department prior to the initial commencement of construction. Revised 6/10/13 CC 06/24/2013(ELS) 177 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures F. Minor Final Subdivision Plat (FP) Reference LDC subsection 10.02.04 D. Applicability This procedure applies to a minor final subdivision plat.A minor final subdivision plat generally does not require improvements,a construction maintenance agreement,a security performance bond,or phasing. Pre-application A pre-application meeting is required unless waived by the County Manager or designee. Initiation The applicant files a "Minor Subdivision Plat Application"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. PUD Ordinance and Development Commitment Information. 4. Property information, including: • Legal description; • Property identification number; • Project name; • Section,township and range; • Subdivision, unit, lot and block;and • Total acreage. 5. Current zoning designation of subject property. 6. Cover letter briefly explaining the project. 7. PUD Monitoring Schedule, if applicable. 8. Owner/agent affidavit as to the correctness of the application. 9. Signed and sealed Plat,less than 6 months old. 10. Signed and sealed boundary survey, less than 6 months old. 11. Evidence of Authority. 12. Zoning Data Sheet. 13. Certificate of Adequate Public Facilities application,if applicable. 14. School Impact Analysis application, if applicable. Final Subdivision <=>See Chapter 5 D.1- "Requirements for Final Subdivision Plat"within the Plat Requirements Construction Plans and Final Subdivision Plat section of the Administrative Code. Submittal Credentials: Minor final plats shall be signed and sealed by a land surveyor registered in the State of Florida. File size:The final subdivision plat shall be submitted on standard size 24-inch by 36- inch sheets,drawn to scale. 178 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures Completeness and The Engineering Services Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision maker The County Manager or designee. Review Process The Engineering Services Department will review the application, identify whether additional materials are needed and review the application for compliance with and shall approve,approve with conditions,or deny the amendment to the preliminary subdivision plat. Once submitted for review,the minor final subdivision plat application will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time,the application for review will be considered withdrawn and cancelled. Further review of the project will require a new application together with appropriate fees. The County Manager or designee will provide a recommendation to the Board of County Commissioners to approve,approve with conditions,or deny the final '� subdivision plat. Digital Submittal After the minor final subdivision plat has been approved by the County Manager or Requirements designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents;and 2. 1 CDROM of the master plan file,including,where applicable,easements, water/wastewater facilities,and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection, and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) units;as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF) format;information layers shall have common naming conventions(i.e.right- of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information(parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer.Annotations pertaining to property information shall be on a unique layer. Example:lot dimensions- Lottxt layer.All construction permits required from local,state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. 179 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 I Subdivision Procedures Recording Process The minor final subdivision plat shall be recorded pursuant to LDC section 10.02.04 F <*See Chapter 5 G. of the Administrative Code Revised 6/10/13 CC 06/24/2013(ELS) 07/11/13-Edits(ES) 180IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures G. Plat Recording Reference LDC subsection 10.02.04 F. Applicability This procedure is to ensure proper legal description, identification, documentation, and recording of real estate boundaries. No building permit for habitable structures shall be issued prior to approval by the BCC and recordation of the final subdivision plat,except as identified in LDC sections 5.05.04 and 10.02.04 B.6. Pre-Application A pre-application meeting will have occurred at the time of submittal of the construction plans and final subdivision plat or minor plat. Initiation The applicant files an "Application for Plat Recording(PR)"with the Engineering Services Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Original PPL number. 3. Construction and Maintenance Agreement. 4. Original sepia mylar of the final subdivision plat. • Surveyor's certification that the mylar contains no revisions from the most recent submittal of the final subdivision plat to the Engineering Services Department. 5. Pursuant to LDC subsection 10.02.04 F.3,an original title opinion from an attorney licensed to practice in the State of Florida,which contains the following: • A legal description of at least the lands being platted; • A statement that the attorney is licensed to practice in the State of Florida and that the attorney has examined title to the subject real property, if a title opinion is being provided; • Identification of the exact name of any person who is the record owner of the subject real property and a specific citation to the official records book and page,where each record legal owner obtained title to the subject real property.The title information shall have attached thereto a copy of said instrument(s)of conveyance; and • Identification of liens,encumbrances, easements,or matters shown or that should be shown as exclusions to coverage on a title insurance policy.As may be applicable,the title information shall include in a neatly bound fashion,and make citation to the recording information of,all referenced liens,encumbrances, easements,or exclusions.The title information shall have attached thereto a copy of any such instruments. 6. Joiner and consent of mortgagee, if applicable. 181JPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures 7. If any dedications,grants,conveyances,easements,consents(including mortgagee consents), reservations,covenants, or other like instruments are to be recorded simultaneously with the final subdivision plat,appropriate fees and original documentation must be provided to the County Manager or designee for processing and recording by the clerk of court prior to,or simultaneously with,the recording of the final subdivision plat. 8. Homeowner Association Documents, if applicable. 9. Affidavit by surveyor. Supporting"gap" 1. Pursuant to LDC subsection 10.02.04 F.3,within 60 days of recordation of the title information final subdivision plat the applicant shall submit to the County Manager or designee final supporting"gap"title information. 2. The final supporting title information must meet all of the requirements in the above(Plat Recording—Application Contents). 3. The effective date of the supporting"gap"title information must be through the date of recordation of the final subdivision plat and must,at a minimum, cover the "gap" between the time the effective date of the information required above(Plat Recording—Application Contents)and the date and time of recording of the final plat. 4. The title information must identify and provide copies of any recorded documentation of the holders of any estates, liens,encumbrances,or easements not properly included or joined in the dedication or consents on the final subdivision plat.The supporting"gap"title information must have attached a copy of any required instruments not previously provided in connection with submittals for the final plat's recording. Completeness and The Engineering Services Department will review the application for Processing completeness.After submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e., XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing The BCC shall hold 1 public hearing. Decision Maker The BCC. Review Process The Engineering Services Department will review the application and identify whether additional materials are needed pursuant to LDC subsection 10.02.04 F. The Engineering Services Department will submit the final subdivision plat materials to the Collier County Clerk of Courts for recording. Digital Submittal After the minor final subdivision plat has been approved by the County Manager Requirements or designee for compliance the applicant shall submit the following: 1. The applicant's professional Engineer shall submit a digitally created construction/site plan documents;and 182 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter S / Subdivision Procedures 2. 1 CDROM of the master plan file, including,where applicable,easements, water/wastewater facilities, and stormwater drainage system.The digital data to be submitted shall follow these formatting guidelines:All data shall be delivered in the state plane coordinate system,with a Florida East Projection, and a North American Datum 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET)units;as established by a Florida registered surveyor and mapper.All information shall have a maximum dimensional error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File (DXF)format;information layers shall have common naming conventions(i.e. right-of-way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed complete,the layering scheme must be readily understood by county staff.All property information (parcels, lots,and requisite annotation)shall be drawn on a unique information layer,with all linework pertaining to the property feature located on that layer. Example: parcels—All lines that form the parcel boundary will be located on 1 parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions—Lottxt layer.All construction permits required from local,state and federal agencies must be submitted to the County Manager or designee prior to commencing development within any phase of a project requiring such permits. Revised 6/10/13 CC 06/24/2013(ELS) 183JPage 1:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 5 / Subdivision Procedures H. Vacation of Subdivision Plats Reference C*See F.S. §177.101, as amended and LDC subsection 10.02.04 G. Revised 6/10/13 184 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 6. Waivers, Exemptions, and Reductions The following applications and approvals listed in this Chapter provide waivers,exemptions,and reductions from the standards identified in the LDC.Some petitions require a public hearing for approval. P a g e 185 ' g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Administrative Fence/Wall Waiver (AFW) Reference LDC subsection 5.03.02 F. Applicability This procedure applies to a request to administratively approve an alternative to the fence or wall design requirements,where there is a non-residential development on the adjoining parcel or abutting right-of-way. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Administrative Fence Waiver" application with the Planning &Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information,including; • Section,township and range; • Subdivision, unit, lot and block;and • Address of subject site. 3. A narrative description of the site and a detailed explanation of the alternative proposal to meet the intent of the LDC. 4. Illustrations, landscape plans, photos,and other illustrative materials that support the applicant's proposal. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and approve,approve with conditions or deny the Administrative Fence/Wall Waiver. Updated 05/23/2013:Application Contents and Review Process(ELS) 06/24/2013(ELS) B. Administrative Parking Reduction (APR) Reference LDC subsection 4.05.04.F.2 Applicability This procedure applies to the process where the County Manager or designee may determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio 186IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions listed in the LDC should not be applied. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Administrative Parking Reduction"application with the Planning&Zoning Department. Application Contents The application must include the following: 1. Applicant contact information. 2. Property information, including: • Section,township and range; • Subdivision, lot and block;and • Address of subject site. 5. Type of business. 6. Hours of operation. 3. Signed and sealed survey. 4. Addressing checklist. 5. To determine the minimum parking requirements for a use which is not specifically identified in the LDC or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in the LDC should not be applied,then the applicant may be required to submit the following: • Parking generation studies; • Evidence of parking ratios applied by other counties and municipalities for the specific use; • Reserved parking pursuant to LDC section 4.04.05;and • Other conditions and safeguards deemed to be appropriate to protect the public health,safety and welfare. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000) assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed and prepare a letter of approval or denial utilizing the criteria identified in the LDC subsection 4.05.04 F.2. 1871Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Updated 05/23/2013:Application Contents(ELS) 06/24/2013 (ELS) 188 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions C. Administrative Parking Exemption Reference LDC subsections 4.05.02 K.1-2. Applicability This procedure applies to a request for relief from various requirements of the minimum parking requirements established by the LDC, including: 1. Allowing off-site parking on non-contiguous lots under the same ownership, and/or 2. Allowing off-site parking on contiguous lots under different ownership(shared parking). Pre-Application A pre-application meeting is not required, but may be requested to determine if the exemption request may be fulfilled administratively. Initiation The applicant files an "Application For Public Hearing For Parking Exemption"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description;and • Principal site property information and off-site parking area information,with the following included: o Property identification number; o Section,township and range; o Subdivision, unit, lot and block, or metes and bounds description; o Address of subject site and general location;and o Size of property in feet and acres. 3. The name and mailing address of all registered Home Owners Association's that could be affected by the application. 4. Disclosure of ownership. 5. Project information, including: • Zoning classification of proposed off-site parking lot; • Zoning and type of land use of the property that the Parking Exemption is proposed to serve; • Total number of parking spaces required for the project; • Number of parking spaces proposed to be located off-site; • Whether the proposed parking lot is separated from the permitted use by a collector or arterial roadway,and the roadway name;and • Whether the permitted use is proposed to share required parking with another permitted use. 6. A narrative statement describing the request with specific reference to the 1891 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 I Waivers, Exemptions, and Reductions criteria noted in LDC subsection 4.05.02 K.1.-2., and any backup materials or documentation. 7. Pre-application meeting notes,if applicable. 8. Addressing checklist. 9. If required, a Boundary Survey(completed within the last six months, maximum 1 in.to 400 ft.scale)that is abstracted,signed,sealed and prepared by a Florida registered land surveyor. The boundary survey must include the following: • The location and dimensions of all property lines,existing streets or roads,easements, rights-of-way,and areas dedicated to the public; and • An Attorney's Opinion of Title or by a sworn statement from the property owners stating that they have provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. 10. A conceptual site plan drawn to a maximum 1 in.to 400 ft.scale. The plan must measure 24 in.x 36 in.along with a reduced 8/2 in.x 11 in.copy. The site plan shall show the following information: • All existing and proposed structures and their dimensions; • Provisions for existing and/or proposed ingress and egress(including pedestrian ingress and egress to the site and the structure(s)on site); • All existing and/or proposed parking and loading areas(including a matrix that indicates required and provided parking and loading, including required parking for the disabled); • Required yards,open space and preserve areas;and • Proposed and/or existing landscaping and buffering as may be required by the County. 11. Owner/agent affidavit as to the correctness of the application. 12. A copy of the last recorded deed,contract for sale or agreement for sale,or a notarized statement of ownership clearly 13. Map of Property Location. 14. 10-Year Lease Agreement, if required by the approval criteria. 15. Electronic copies of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. 190IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application and approve, approve with conditions,or deny the applications utilizing the criteria identified in LDC subsection 4.05.02 K.1 or K.2. Updated 06/24/2013(ELS) 07/11/13-Edits(ES) 191 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 I Waivers, Exemptions, and Reductions D. Administrative Variance (AVA) Reference LDC section 9.04.04 Applicability This procedure applies to a request for an administrative approval for minor after- the-fact yard encroachments for principal and accessory structures, pursuant to the specific classifications outlined in LDC section 9.04.04. Pre-Application A pre-application meeting is not required. Initiation The applicant files an "Administrative Variance For Minor After-The-Fact Yard Encroachments Submittal Instructions And Application Form"with the Planning& Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Disclosure of ownership. 3. Property information,including: • Legal description; • Section,township and range; • Subdivision, unit, lot and block;and • Address of subject site and general location. 4. Details of variance request, including the following information: • Statement of what is requested and where on the site; • Location and extent of encroachment, measured in tenths of feet; • When the encroachment was discovered; • How the encroachment was discovered;and • Building permit numbers of encroaching structures. 5. A signed and sealed copy of the survey identifying the encroachment. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing is required. Decision maker The County Manager or designee. Review Process The Planning&Zoning Department will review the application,identify whether additional materials are needed and approve,approve with conditions or deny the application based on the criteria in LDC section 9.04.04. Updated 06/24/2013 (ELS) 192 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 I Waivers, Exemptions, and Reductions 193 page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions E. Alcohol Distance Waiver Reference LDC subsection 5.05.01 A.6 and LDC section 8.03.00. Applicability This provides for waiver of part or all of the minimum separation distance required between establishments whose primary function is the sale of alcoholic beverages for on-site consumption. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Petition for Waiver from Separation Requirements for Establishments Selling Alcoholic Beverages for On-Premise Consumption"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description;and • Address of subject site. 3. Zoning information,including: • Current zoning of subject property;and • Adjacent zoning and land use. 4. A statement describing the extent of the waiver requested, in linear feet,from the required 500 foot separation. 5. A description of all proposed uses for the subject site/structure,including the following: 6. Total square footage of subject structure. 7. Square footage dedicated to each proposed use. 8. Proposed hours of operation. 9. Indication of entertainment and type. 10. A description addressing each of the criteria identified in LDC subsection 5.05.01 A.6.a.-d. 11. A signed and sealed survey or boundary sketch to scale,including reduced 81/2 in.x 11 in.copies. 12. Addressing checklist. 13. Owner/agent affidavit as to the correctness of the application. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the required fee,the applicant will receive a mailed or electronic response notifying the 194 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Application applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. C=>See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. 'See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner may, by resolution,grant a waiver of part or the entire minimum distance requirement. Review Process The Planning&Zoning Department will review the application, identify whether additional materials are needed, prepare an Executive Summary,and schedule a hearing date before the Hearing Examiner to present the petition for review. Updated 05/23/2013:Application Contents(ELS),6/6/13 CC 06/24/2013 (ELS) 195 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions F. Alternative Architectural Design Reference LDC subsection 5.05.08 F. Applicability This section establishes a process to request deviations from the architectural and site design standards in LDC section 5.05.08.Any modification to an approved design requires re-review and approval by the County Manager or designee. The buildings and uses which qualify for an administrative deviation are identified in LDC subsection 5.05.08 F.4 Pre-Application A pre-application meeting may be required as a component of the submittal of the Site Development Plan,Site Development Plan Amendment,Site Improvement Plan, or Building Permit application,as applicable. Initiation The applicant files an "Alternative Architectural Design"application with the Planning& Zoning Department in conjunction with the associated site plan. Application In addition to the submittal requirements for Architectural Plans ?See Chapter4A. of the Contents Administrative Code,the application must include the following: 1. Applicant contact information. 2. The project name,zoning, building type,square footage and number of stories of the buildings to which the Alternative Architectural Design requirements would apply. 3. The plans shall be clearly labeled as"Alternative Architectural Standards Design." 4. The plans must identify the section numbers from the LDC section 5.05.08 from which the deviation is being requested. 5. A narrative statement that specifically identifies all standards of LDC section 5.05.08 from which the deviations are requested,and the justification for the request.This statement must also include a description of how the alternative plan accomplishes the purpose and intent of LDC section 5.05.08,without specifically complying with those standards identified. Notice No notice is required. Public Hearing No public hearing is required. Decision maker 1. The County Manger or designee may administratively may approve,approve with conditions,or deny the request for the Alternative Architectural Design plan(s)and corresponding site plan,in whole or in part,for a plan meeting the standards of LDC section 5.05.08. 2. 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 designee. 3. The County Manager or designee may seek the assistance of the Architectural Arbitration Board in rendering a decision. Review Process The County Manager or designee shall review the Alternative Architectural Design plan(s) and corresponding site plan in accordance with the review criteria identified in LDC subsection 5.05.08 F. Appeals Pursuant to LDC subsection 5.05.08 F,the applicant may appeal the administrative decision to the Architectural Arbitration Board by making a written request to the Planning&Zoning 196IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Department. Updated 06/24/2013 (ELS) 197 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions G. Automobile Service Station Waiver Reference LDC subsection 5.05.05 B and LDC section 8.03.00. Applicability This establishes a process to waive part or all of the minimum separation requirements for automobile service station sites from other automobile service station sites. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Petition for Waiver from Separation Requirements for Automobile Service Stations"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description;and • Address of subject site. 3. Zoning information, including: • Current zoning of subject property;and • Adjacent zoning and land use. 4. The extent of the waiver being requested(in linear feet)from the required separation. 5. A narrative that describes why the waiver complies with the waiver criteria, pursuant to LDC section 5.05.05 B.1, and that addresses the factors to be considered by the BZA. 6. A site plan(measuring no larger than 24 in.x 36 in.)along with a conceptual site plan measuring 8%in.x 11 in.,that indicates the following: • The dimensions of the subject property • All vehicular points of ingress and egress and their relationship to the parking area and site circulation; • Demonstration of compliance with all requirements of the LDC including the location of the structures on site, landscaping, off-street parking,site circulation,architectural design guidelines,and signage; • The location of all proposed buffer areas and their dimensions;and • The layout of road(s)on which the proposed station fronts or to which access is provided,including the type of road(s),the number of lanes, and the location of intersections and turn lanes, median locations and median widths,for a S00 foot distance from the subject parcel. 7. A written market study analysis which justifies a need for the additional 198 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Automobile Service Station in the desired location. 8. Environmental Data Requirements. C?See LDC subsection 3.08.00 A. 9. An Aerial photographs(taken within the previous 12 months at a minimum scale of 1 in. =200 ft.),showing FLUFCS Codes, legend,and project boundary. 10. Addressing checklist. 11. Pre-application meeting notes. 12. Warranty Deed. 13. Letter of no objection from the United States Postal Service. 14. Owner/agent affidavit as to the correctness of the application. 15. Electronic copy of all documents. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,ASW-PL20120000000) assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. C=>See Chapter of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. <*See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Planning&Zoning Department planner will determine whether the application is complete and notify the applicant in writing.The planner will submit a staff report and recommendation as to whether the application complies with LDC subsection 5.05.05 B.1.The Hearing Examiner will consider the application at a regular meeting and will approve,approve with conditions,or deny the request. Updated 05/23/2013:Application Contents(ELS),6/6/13 CC 06/24/2013(ELS) 199JPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions H. Nonconforming Use Change (NUC) Reference LDC subsection 9.03.02 D and LDC section 8.03.00. Applicability This process applies to a request to change a nonconforming use to another nonconforming use of the same character or a more restricted nonconforming use. New structures or additions to existing structures shall only be allowed for permitted or accessory uses on the site. Pre-Application A pre-application meeting is required. Initiation The applicant files a "Non-Conforming Use Change(NUC)Petition"with the Planning&Zoning Department. Application The application must include the following: Contents 1. Applicant contact information. 2. Property information, including: • Legal description; • Property identification number; • Address of subject property; • Section,township and range; • Subdivision name, unit, block and lot number;and • Size of subject property,in acres. 3. Zoning information,including: • Current zoning and land use of subject property;and • Adjacent zoning and land uses. 4. Total number of parking spaces that exist on the site. 5. Proof of ownership or interest in the property,such as a deed or contract to purchase. 6. If the request proposes a number of possible nonconforming uses, list all of the proposed nonconforming uses and identify the following for each use: • Total number of parking required for the proposed nonconforming use; • Hours of operation for proposed nonconforming use;and • Total square footage for the proposed nonconforming use building(s) and structure(s). 7. If the request proposes a number of possible permitted and/or accessory uses, list all of the proposed uses and identify the following for each use: • Total square footage of the new or existing structures for the permitted and/or accessory uses; • Total number of parking required for the permitted and/or accessory uses;and 200 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • Hours of operation for proposed for the permitted and/or accessory uses. 8. A narrative statement identifying how the nonconforming use change complies with the standards in LDC subsection 9.03.02 D.,including: • How the proposed nonconforming use is equally or more appropriate to the zoning district than the existing nonconforming use; • The relation of the structure to surrounding properties,showing that adverse effect(s)on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued;and • Any additional information supporting the proposed nonconforming use change. 9. A copy of the pre-application meeting notes; 10. Aerial photograph(s),taken within the previous 12 months at a minimum scale of 1 in. =200 ft.,showing FLUCCS codes, legend and project boundaries. 11. A site plan drawn to scale depicting: • North arrow,date, and scale of drawing; • Property boundaries and dimensions; • Current and proposed uses for each structure;and • If permitted or accessory uses are proposed for the site, all setbacks and building heights shall be identified for any existing structures, proposed new structures,or proposed additions; • Parking areas and driveways. 12. Location Map that includes the project location and major roadways in project vicinity;and 13. Notarized owner/agent affidavit as to the correctness of the application. Completeness and The Planning&Zoning Department will review the application for completeness. Processing of After submission of the completed application packet accompanied with the Application required fee,the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice Notification requirements are as follows. C*.See Chapter 8 of the Administrative Code for additional notice information. 1. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing;and • 2 in.x 3 in. map of the project location. 201 page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Public Hearing 1. The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Decision maker The Hearing Examiner. Review Process The Hearing Examiner will consider the application at the public hearing and will approve,approve with conditions,or deny the request based on the criteria in LDC subsection 9.03.02 D. Updated 05/23/2013:Application Contents(ELS) 06/24/2013(ELS) 202 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions Post Take Plan Reference LDC subsection 9.03.07 D and LDC section 8.03.00. Applicability An applicant may request a Post Take Plan in order to mitigate and/or eliminate the impacts,such as loss of parking, nonconforming setbacks and buffers which exceed the allowance under LDC sections 9.03.07 and 9.03.07 D.2, resulting from the public acquisition of a personal property for public purposes. The Post Take Plan is not a SDP. However, changes requested by the applicant that do not result from the public acquisition will require an SDPA or SIP. For example, a building expansion unrelated to public acquisition would result in a SDPA or SIP. Initiation The applicant files a "Post Take Site Plan Application"with the Planning&Zoning Department. Pre-Application A pre-application meeting is required. Application The application must include the following: Contents 1. Applicant contact information. 2. Addressing checklist. 3. Electronic copy of all documents. 4. The project name. 5. Pre-application meeting notes. 6. Property information, including: • Legal description; • Property identification number; • Project name; • Section,township and range; • Subdivision, unit, lot and block,or metes and bounds description; • Address of subject site and general location. 7. Zoning Information, including: • Current zoning and land use of subject property. 8. The name of the existing circuit court case and number, if applicable. 9. Scaled drawing 24 in.x 36 in. in size,with one 8%in.x 11 in.drawing depicting the following: • The name,address and phone number of the consulting firm(s) preparing the plans; • The total site acreage for both pre-and post-acquisition condition. • Legal description; • Zoning designation; 203 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • All existing improvements,clearly depicting those affected by the acquisition; • All proposed mitigating improvements and remedies; • The exact nature and dimension of any requested deviations; • The pre-and post-acquisition configuration of the lot or lots;and • The dimensions from the pre-and post-acquisition property line to all affected improvements. 10. A narrative description of the pre-and post-acquisition site conditions,noting impacts and all nonconformities created or exacerbated as a result of the acquisition,and any proposed mitigation and remedies. 11. A signed and sealed boundary or special purpose survey to ascertain or verify existing conditions. Pursuant to LDC subsection 9.03.07 D.1,the boundary or special purpose survey shall be prepared by a surveyor licensed to practice in the State of Florida. 12. The most recent available aerial of the site. 13. Owner/agent affidavit as to the correctness of the application. 14. Once the first set of review comments are posted,the following mailed notice documents shall be submitted to the assigned planner: • A list of the names and addresses of property owners to receive the mailed notice;and • Draft of the mailed notice letter. Completeness and The Planning&Zoning Department will review the application for completeness. After Processing of submission of the completed application packet accompanied with the required fee,the Application applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed.Accompanying that response will be a receipt for the payment and the tracking number(i.e.,XX201200000)assigned to the petition.This petition tracking number should be noted on all future correspondence regarding the petition. Notice 1. Mailed Notice:Written notice shall be sent to property owners in the notification area within 60 days of the date of the submittal of the application.The mailed notice shall include the following information: • List of requested deviations; • A brief narrative with justification for the deviations;and • A copy of the Post Take Plan, in either an 11 in.x 17 in.or 8/2 in.x 11 in. format. Additional Notice-If If a written objection is received from an abutting property owner within 30 days from the Written Objection is date in which the first mailed notice was sent,then the Post Take plan shall go before the Received Hearing Examiner. The notice requirements for the public hearing are as follows: q See Chapter 8 of the Administrative Code for additional notice information. 1. Mailed Notice:Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. • List of requested deviations; • A brief narrative with justification for the deviations;and 204 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 / Waivers, Exemptions, and Reductions • A copy of the Post Take Plan, in either an 11 in.x 17 in.or 8'/z in x 11 in. format. 2. Newspaper Advertisements:The legal advertisement shall be published at least 15 days before each advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 3. Sign:(see format below) Posted at least 15 days before the advertised Hearing Examiner hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. n HORSESHOE DR., NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing If a written objection has been received from an abutting property owner,then the Hearing Examiner shall hold at least 1 advertised public hearing. Decision Maker The County Manager or designee or the Hearing Examiner. Review Process 1. If a written objection has not been received from a notified property owner within 30 days from the date of the public notice,then the Planning&Zoning Department may approve the Post Take Plan. 2. If written objection has been received from a notified property owner,then the Planning&Zoning Department will prepare a Staff Report,and schedule a hearing date before the Hearing Examiner to present the petition for review. Updated 05/22/2013:Application Contents(ELS) 7/16/13 CC 205 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 6 I Waivers, Exemptions, and Reductions J. Vested Rights Determination Reference C=>See CDC section 9.02.00. 206IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 7. Supplementary Submittal Requirements for Land Use Applications The following are supplemental submittal requirements which may be requested for the submission of a land use application. 207 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 7/Supplementary Submittal Requirements for Land Use Applications A. Environmental Data Requirements for PUD Zoning and Conditional Uses Reference LDC section 3.08.00. Code of Laws Chapter 2,Article VIII, Division 23 (Environmental Advisory Council) Conservation and Coastal Management Element(CCME)GMP Policy 6.1.8. Applicability The Environmental Impact Statement(EIS)shall consist of the Environmental Data Requirements identified in LDC section 3.08.00 and shall be submitted for PUD Zoning and Conditional Use petitions. Pursuant to LDC subsection 3.08.00,the environmental data shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management.Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Application Applicants shall collate and package applicable Environmental Data into a single EIS Contents packet, prior to the public hearings and after all applicable staff reviews are complete. Copies of the Environmental Impact Statement shall be provided to the County Manager or designee prior to public hearings. Completeness and The completeness and processing review of the environmental data shall be Processing conducted at the time of the land use petition review. Notice N/A Public Hearing N/A Decision maker N/A Review Process The EIS shall consist of previously reviewed environmental data materials.The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. 208 IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 7/Supplementary Submittal Requirements for Land Use Applications B. Traffic Impact Study (TIS) Reference LDC section 6.02.03 and Collier County Resolution 2006-299 ?For the TIS Guidelines and Procedures,refer to: http://www.colliergov.net/Index.aspx?page=566 Applicability A Traffic Impact Study(TIS)is required for any rezoning,conditional use,or where it is listed in the Application Contents for a specific process in the Administrative Code or LDC. The Planning&Zoning Department may waive the TIS requirement at the pre- application meeting if it determines that the proposed development's traffic impacts are not significant. Application ?See the TIS Guidelines, referenced above. Contents Completeness and The completeness and processing review of the TIS shall be conducted at the time Processing of the land use petition review. Notice N/A Public Hearing N/A Decision maker The County Manager or designee. Review Process The Transportation Planning Section shall review the TIS as part of the land use petition application based on the criteria in the TIS Guidelines and Resolution 2006- 299. 209 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 7/Supplementary Submittal Requirements for Land Use Applications C. Soil Erosion and Sediment Control Plan Reference LDC section 6.01.05 Applicability A Soil Erosion and Sediment Control Plan is required,for new and existing development and construction,such as Site Development Plans and Final Subdivision Plats. Plan Contents Each plan shall be prepared in accordance with the following standards: 1. The State of Florida Erosion and Sediment Control Designer and Reviewer Manual,June 2007. 2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 62-302.530(69) Florida Administrative Code. Completeness and The Soil Erosion and Sediment Control Plan shall be submitted in conjunction Processing with all applicable land use applications. Notice No notice is required. Public Hearing No public hearing is required. Decision Maker The County Manager or designee. Review Process The Engineering Services Department shall review the Soil Erosion and Sediment Control Plan concurrent with all applicable land use applications. 210JPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 8. Public Notice A. Generally Many land use decisions in the County require public notice to the general community and/or the surrounding neighborhoods regarding an applicant's development plans. Each Administrative Code section describes the types of notice required,if any,for a petition or a permit.This section identifies the different types of public notice procedures and specific information necessary to fulfill the notice requirement. The following are the types of public notice that may be required: • Neighborhood Information Meeting • Mailed Written Notice • Newspaper Advertisement • Posting of a Sign 211 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 8 1 Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients B. Neighborhood Information Meeting Applicability 1. A Neighborhood Informational Meeting("NIM")shall be conducted after: • The initial staff review and comment on the application has been completed; and • At least 15 days before the first public hearing is held,whether it is the Planning Commission,the BCC,or the BZA. 2. For a small-scale amendments and other site-specific comprehensive plan amendments only: • The NIM is required before the Planning Commission transmittal hearing. • A second NIM is required if the County Manager or designee determines that a substantial change has occurred to a proposed site-specific comprehensive plan amendment following the BCC's transmittal hearing. The applicant must hold the second NIM before the Planning Commission adoption hearing. 3. If the applicant's petition activity extends beyond 1 year from the date of the first NIM,a second NIM will be required and shall be noticed in accordance with this chapter. Notice The NIM shall be noticed as follows: Requirements 1. Mailed Notice:Written notice shall be sent to property owners in notification area /*--` at least 15 days before the NIM meeting. • The applicant shall also provide written notice of the NIM to property owners,condominium,and civic associations whose members may be affected by the proposed land use change and who have formally requested the county to be notified. 2. Newspaper Advertisement:The legal advertisement shall be published at least 15 days before the NIM meeting in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the NIM meeting; • Petition name, number and applicant contact info • Purpose of the NIM meeting; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. Location The applicant must arrange the location of the meeting.The location must be reasonably convenient to those property owners who receive the required notice. The facilities must be of sufficient size to accommodate expected attendance. Conduct of The Collier County staff planner assigned to attend the pre-application meeting,or Meeting designee, must also attend the NIM and will serve as the facilitator of the meeting. However,the applicant is expected to make a presentation of how they intend to develop 212 ( P a g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 I Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients the subject property.The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy to the Planning&Zoning Department. The applicant must provide the following at the NIM meeting for review and comment: • The proposed uses and density of the project; • The proposed Master Plan;and • The current LDC zoning district uses and development regulations. Meeting Follow up 1. After a NIM is completed,the applicant will submit a written summary of the NIM and any commitments that have been made to the assigned planner. These commitments will: • Become part of the record of the proceedings; • Be included in the staff report for any subsequent review and approval bodies;and • Be considered for inclusion in the conditions of approval of any applicable development order. 2. For petitions that are heard by the Hearing Examiner and require a Pre-hearing conference meeting,the applicant shall obtain contact information of NIM attendees in order to notify them of the Pre-hearing conference date and time. 213 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients C. Mailed Notice Applicability For applicable land use petitions,a mailed notice shall be as follows. Notice Mailed written notices shall be sent by regular mail to Property owners in the Requirements Notification Area listed below. Names and addresses of property owners shall be those listed on the latest ad valorem tax rolls of the County. The County must send mailed notice at least 15 days before the hearing for all applications,except as identified in the Administrative Code. The applicant must provide a copy of the list of all parties noticed by the required notification deadline to the Planning&Zoning Department staff. The written notice must include: • Date,time and location of the NIM meeting; • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. For conditional use, rezoning, PUD, PUD extension,or variances,the notice must also include: • A clear description of the proposed land uses; • A clear description of the applicable development standards; • Intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects; • A clear description of the institutional or recreational uses when part of the development strategy;and • The substance of the proposed ordinance or resolution(rezoning only). The clerk to the BCC will make a copy of all notices available for public inspection during the regular business hours. Recipients of Property owners in notification area are described below and shall be based on the latest Mailed Written tax rolls of Collier County and any other persons or entities who have formally requested Notice notification from the County: 4 Urban The notification area includes: designated area 1. All property owners within 500 feet of the property lines of the of the future land use element of subject property. the growth 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property,the management 500 foot distance is measured from the boundaries of the entire plan ownership or PUD. 3. The maximum notification area is%2 mile(2,640 feet)from the subject property. 4 All other areas The notification area includes: 1. All property owners within 1,000 feet of the property lines of the subject property. 214 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients 2. If any of the land in the area listed in paragraph 1 is owned by the same person or entity who owns the subject property,the 1,000 foot distance is measured from the boundaries of the entire ownership or PUD. 3. The maximum notification area is Y�mile(2,640 feet)from the subject property. 3Associations Notification shall also be sent to property owners and condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified.A list of such organizations shall be provided and maintained by the County, but the applicant must bear the responsibility of insuring all parties are notified. 215 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients D. Newspaper Advertisement Applicability For applicable land use petitions,the legal newspaper advertisement shall be as follows. A copy of the newspaper advertisement shall be kept available for public inspection during regular business hours of the Office of Clerk to the Board of County Commissioners.The notice of proposed enactment shall include where the proposed ordinance or resolution may be inspected by the public.The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or resolution. Placement and The legal newspaper advertisement shall be published at least 15 days before each Content advertised public hearing in a newspaper of general circulation.The advertisement shall include at a minimum: • Date,time and location of the hearing; • Petition name, number and applicant contact info • Description of the proposed land uses;and • 2 in.x 3 in. map of the project location. 216 ' P a g e I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 8 /Public Notice—Generally, Contents, Categories of Notice, and Notice Recipients E. Posting of Sign Applicability For applicable land use petitions,the posting of a sign shall be as follows. Timing The sign shall be posted at least 15 days before the Planning Commission hearing or the BCC acting as the BZA. Sign The sign copy must occupy the total area of the sign. The requirements for the size, Requirements' location, and proof of posting and removal of the sign are as follows: 1. Properties<1 acre:The sign shall measure at least 1 and%square feet in area. The sign is erected by the Planning&Zoning Department on behalf of the applicant. 2. Properties>1 acre:The sign shall measure at least 32 square feet in area.The sign is erected by the applicant.At least 1 sign is placed on each external boundary that fronts a street. If the external boundaries along a street exceed 1,320 linear feet,signs are placed equidistant from one another with a maximum spacing of 1,000 linear feet. However,the number of signs along an exterior boundary fronting a street cannot exceed 4 signs. 3. All properties: • The sign must be located in full view of the public on each street side of the subject property. • Where the subject property is landlocked or for some other reason the signs cannot be posted directly on the subject property,then the sign or signs are erected along the nearest street right-of-way,with an attached notation indicating generally the distance and direction to the subject property. • The applicant must provide evidence to the Planning&Zoning Department that the sign(s)were erected by furnishing photographs of the sign(s)that show the date of their erection at least 10 days before the scheduled public hearing. Removal of Sign The signs shall remain in place until any of the following occur: 1. Final action is taken on the application, or 2. The Planning&Zoning Department receives written notification that the applicant is withdrawing or indefinitely continuing the application. 217JPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 I Office of the Hearing Examiner 218 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 9. Office of the Hearing Examiner - Procedures Reference LDC section 8.03.00 and Code of Laws and Ordinance No. 2013-25. Applicability The Hearing Examiner hears and makes final decisions on all variances, boat lift canopy deviations,dock facility extensions,appeals of administrative decisions, insubstantial changes to a Planned Unit Development ordinance,site plan with deviations and minor conditional uses. A minor conditional use is one which does not require environmental review under Section 2-1191 et seq.of the Code of Laws and Ordinances and which is not a case of great public interest or concern as determined in the discretion of the Hearing Examiner. Assignment Once the application is submitted to the County and deemed complete pursuant to Chapters 1 through 7 of the Administrative Code,as applicable,the petition shall automatically be assigned to the Hearing Examiner if it is a variance, boat lift canopy deviations,dock facility extensions,appeal of an administrative decision, insubstantial change to a Planned Unit Development ordinance,site plan with deviations or minor conditional use. Hearing Examiner Upon completion of the staff report by the assigned planner pursuant to Chapters Review 1 through 7 of the Administrative Code,as applicable,one copy of the staff report and application materials shall be forwarded to the Hearing Examiner for all matters assigned to the Hearing Examiner. Pre-Hearing The Hearing Examiner may have ex parte communications with any party or Conference person. Motions for Unless good cause is shown,all motions for disqualification of the Hearing .� Disqualification Examiner shall be filed no later than ten(10)working days prior to the scheduled public hearing before the Hearing Examiner.The motion shall be accompanied by an affidavit stating particular grounds,which shall be limited to those for which a judge may be disqualified.The affidavit must state facts sufficient to show that the movant has a well-founded fear that the movant will not receive a fair and impartial hearing. Unless denied as untimely,the motion shall be ruled on by the Hearing Examiner before whom the case is pending. If the motion and affidavit are found legally sufficient,the Hearing Examiner shall disqualify himself or herself, after which the matter will be set for hearing as provided for in the Land Development Code for such particular action.The Hearing Examiner may also recuse or disqualify himself or herself at any time in accordance with Ord.2013- 25. Notice Notification requirements are as follows. C=>See Chapter8 of the Administrative Code for additional notice information. 1. NIM:The NIM and mailed written notices shall be completed at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. 2. Mailed Notice: Mailed notice to property owners shall be sent to property owners in the notification area at least 15 days prior to the public hearing before the Hearing Examiner. 3. Newspaper Advertisements: The legal advertisement shall be published 15 days prior to the public hearing before the Hearing Examiner in accordance with the applicable sections of the Administrative Code. 219 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 9 Office of the Hearing Examiner 4. Sign:(see format below) Posted at least 15 days before the advertised Planning Commission hearing date. PUBLIC HEARING REQUESTING PETITION NUMBER: TO PERMIT: (Request-Sufficiently clear to describe the project) LOCATION: DATE: TIME: CONTACT: THE ABOVE TO BE HELD AT THE GROWTH MANAGEMENT DIVISION BUILDING,2800 N. HORSESHOE DR.,NAPLES, FL 34104 OR AS OTHERWISE DESIGNATED. Public Hearing— The participants before the Hearing Examiner shall be the applicant,County staff, Participants County agencies, proponents and opponents,inclusive of the public,and witnesses with relevant testimony.The proponent shall be defined as a participant in favor of the application,exclusive of the applicant;whereas,the opponent shall be defined as a participant against the application. Both definitions are inclusive of the public and any other parties of record.All participants will testify under oath. Public Hearing— 1. Due Process.For hearings,basic due process requires that the parties have Rules of Procedure notice of the hearing and an opportunity to be heard. Parties must be able to present evidence and be informed of all the facts upon which the County acts. The term"parties"to any proceeding are the Applicant and the County(or their representatives)and does not include public participants or their representatives. 2. Evidence. Irrelevant,immaterial,or unduly repetitious evidence shall be excluded.Any part of the evidence may be received in written form,and all testimony shall be under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient,in itself,to support a finding by the Hearing Examiner unless it would be admissible over objections in a civil action. 3. Application of rules.The Hearing Examiner is responsible for ensuring these rules are applied equally and consistently to all evidence and testimony presented by the parties and public participants. 4. Burden of Proof.The applicant has the burden of proof to show by competent and substantial evidence that the proposed request conforms to the LDC and the GMP. 5. Expert Witness.A witness may be qualified by the Hearing Examiner as an expert through specialized knowledge,training,experience or education, which is not limited to academic,scientific or technical knowledge. Public Hearing— 1. Hearings will be conducted in an informal but courteous and professional Order of manner. To the extent possible and at the Hearing Examiner's discretion,the Proceedings order of proceedings will be as follows: 220IPage I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 I Office of the Hearing Examiner • Hearing Examiner's explanation of rights and responsibilities of all interested persons as well as an explanation of future proceedings that may occur in relation to the matter to be heard. • The announcement of the matter to be heard and if applicable, Hearing Examiner discloses all ex parte communications. • Presentation of request or appeal by applicant,appellant,or representative. • Presentation of County's position. • Public participation and comment. • Rebuttal and closing statement by applicant,appellant or representative. Rebuttal testimony may not be used to provide new information. 2. Questioning shall be confined as closely as possible to the scope of direct testimony.The Hearing Examiner may call and question witnesses as he or she deems necessary and appropriate.The Hearing Examiner shall decide all questions of procedure and will raise questions and provide comments at anytime during the hearing. Public Hearing— The Hearing Examiner shall not be limited to the evidence presented by Applicant Matters to be or County at the hearing. He may consider any additional relevant evidence considered by the including,but not limited to,any of the following: Hearing Examiner 1. The history of the subject parcel. 2. Applicable regulations and development standards promulgated. 3. Applicable goals,objectives,and policies contained in the Comprehensive Plan. 4. Reports and recommendations filed by reviewing agencies. 5. Physical characteristics of the subject parcel and surrounding lands. 6. Impact on the surrounding transportation network. 7. Availability and capacity of public services. 8. Nature of and impacts on surrounding land use. 9. Environmental impact of the proposed development activity. 10. Application of criteria in LDC relating to the requested petition. 11. Site visit. All such additional relevant evidence shall be made part of the record at the hearing. Public Hearing— 1. The decision of the Hearing Examiner shall be in writing and include: Findings and Decision of the • Summary of proposed development activity and the evidence Hearing Examiner presented. • Findings of fact and conclusions of law, including compliance or n noncompliance of the proposed development activity with applicable 221 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner provisions of the Growth Management Plan(GMP)and the Land Development Code(LDC). • A decision to grant,grant with conditions or deny the application with reasons therefore specified,including any recommended conditions. 2. Persons wishing to receive a copy of the decision by mail may supply County staff with their name,address and a stamped,self-addressed envelope for that purpose. Public Hearing— 1. A verbatim transcript of all public hearings before the Hearing Examiner shall Record of hearing be recorded by the Clerk of the Board and also recorded by an official court before the Hearing reporter. Any person may request and obtain a transcript of the record from Examiner the court reporter at their own expense. 2. The record of the hearing before the Hearing Examiner shall consist of: • The application and accompanying documents. • Staff reports and recommendations. • All exhibits and documentary evidence. • The decision of the Hearing Examiner. • Verbatim transcript of the proceedings. Public Hearing— A copy of the decision of the Hearing Examiner is required to be filed with the Decision of the Clerk of the Board within 30 working days after the conclusion of the public Hearing Examiner hearing before the Hearing Examiner. The Hearing Examiner will deliver all decisions by electronic mail or regular mail. Public Hearing— 1. On motion and upon such terms as are just,the Hearing Examiner may grant a Reconsideration of rehearing on an application for the following reasons: matter by the • Mistake,inadvertence or excusable neglect; Hearing Examiner • Newly discovered evidence which by due diligence could not have been discovered in time for the original hearing;or • Fraud, misrepresentation or other misconduct of an adverse party. 2. The motion for reconsideration shall be made prior to the deadline for filing an appeal. The filing of such a motion tolls the time for filing an appeal.The time for filing an appeal shall begin anew in full upon the Hearing Examiner's denial of such a motion. Public Hearing— Continuance(s)of the public hearing shall be permitted for good cause as Continuance(s) determined by the Hearing Examiner. If the continuance of the public hearing is to a specific date and time,then re-advertisement of the hearing shall not be required. Public Hearing— 1. Within 30 days after the hearing officer's written determination has been Appeal of the rendered,either the County or the landowner may appeal the determination Decision by the to the Board of County Commissioners.Any additional fee for a landowner- Hearing Examiner initiated appeal must accompany the appeal. At the public hearing,the Board of County Commissioners may accept testimony related to the record created 222 ' Page is\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Collier County Land Development Code I Administrative Procedures Manual Chapter 9 /Office of the Hearing Examiner by the Hearing Examiner's proceedings. 2. The Board of County Commissioners may: • Affirm the hearing officer's determination,with or without modifications or conditions;or • Reject the hearing officer's determination,except that the Board may not modify the determination or impose conditions,or reject the hearing officer's determination unless the Board expressly finds that one or more of the hearing officer's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record,or that the hearing officer's determination otherwise specifically failed to properly apply one or more of the criterion in the LDC or GMP. 223 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 10. Where to Find Current Information This Administrative Code references a number of documents that are important to the development process. All of these documents are available at the Planning&Zoning Department offices,or online at the references listed below. These documents include: Document Description Reference Collier County Growth Management The GMP establishes the County's official Online at Plan ("GMP") policies for land development. All land http://www.colliergov.net/ development regulations and permits must Index.aspx?page=257 be consistent with the GMP. Collier County Land Development The LDC includes the regulations that Online at Code(LDC) implement the GMP. The processes in the http://library.municode.co Administrative Code are based on the LDC. m/index.aspx?clientld=139 x " ,92&statel -9&stateName= •0 P , 7:4 Florida , see isr-'lion below) Zoning Map The Zoning Map shows the boundaries of Online at the County's zoning districts. http://www.colliergov.net/ ftp/GraphicApps/Maps/Col lier_County_Base_map.ht m Code of Laws and Ordinances of The Code of Laws consolidates the County's Online at Collier County, Florida("Code of laws—its general and permanent http://library.municode.co Laws") ordinances. Several provisions of the Code m/index.aspx?clientld=105 of Laws are implemented by procedures in 78&stateld=9&stateName= the Administrative Code. Florida Florida Statutes These include the state constitution and Online at state laws. The Administrative Code http://www.leg.state.fl.us/ includes various references to the state Statutes/index.cfm statutes. Planning&Zoning Department This includes background information, Online at website applications,contacts,and other http://www.colliergov.net/ information relating to land development in Index.aspx?page=128. You Collier County. can download forms at http://www.colliergov.net/ index.aspx?page=3384 Growth Management Division(GMD) These are the fees that an applicant must Online at Fee Schedule(September 23, 2008) pay when filing an application under the http://www.colliergov.net/ Administrative Code. The fees offset the index.aspx?page=128 cost of administering the LDC. The County Applicants should check will not accept an application unless the the website before filing an required fee is paid. application, because the fees change from time to 2251 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 10 I Where to Find Current Information time. The Land Development Code(LDC)is codified on the Municipal Code Corporation's website at www.municode.com. Click"Online Library,"then click"Florida,"then click"Collier County," and then click the "Collier County Land Development Code." The codified ordinance may not be current.To find ordinances that have amended the LDC since its most recent codification,go the Collier County Clerk's website at http://www.collierclerk.com/ClerkToTheBoard/MinutesandRecords—click"Board Minutes and Records,"then "Accept,"and then click"BMR," "Boards, Minutes and Records,"then "BMR Validated Ordinances." Members of the general public may find it difficult to search through the minutes to locate an LDC provision they are interested in. A member of the Planning&Zoning Department staff can assist you with finding the most current ordinances that affect development in your neighborhood or of your property. Printed copies of the LDC,Growth Management Plan,and forms are available for purchase at the Growth Management Division building, located at 2800 N. Horseshoe Drive, Naples, FL. 226 ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 11. Contact Information Contact information is available on the County website. When an application is filed with the Planning&Zoning Department the appropriate staff member is assigned to the application. Staff will conduct a Completeness and Processing and will contact the applicant about whether the filing is in order. The applicant can contact the assigned staff member throughout the various steps of each process. 227 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline FIHS—Florida Interstate Highway System FLUCFCS-Land Use Cover and Forms Classification Chapter 12. Acronyms System FLUE—Future Land Use Element FLUM—Future Land Use Map A—Rural Agricultural Zoning District FP—Final Plat ACOE—Army Corps of Engineers FS—Florida Statutes ACP—Agricultural Clearing Permit FSA—Flow way Stewardship Area ACSC—Area of Critical State Concern GC—Golf Course ADT—Average Daily Trips GGAMP—Golden Gate Area Master Plan ASI—Area of Significant Influence GGPPOCO—Golden Gate Pkwy Professional BCC—Board of Collier County Commissioners OfficeCommercial Overlay District BD—Boat Dock Petition GMP—Growth Management Plan BMUD—Bayshore Drive Mixed Used District GPCD—Gallons Per Capita per Day BP—Business Park District GT—Gopher Tortoise BZA—Board of Zoning Appeals GWP—Ground Water Protection Zone C-1—Commercial Professional General Office District GZO—Goodland Zoning Overlay C-2—Commercial Convenience District HSA—Habitat Stewardship Area C-3—Commercial Intermediate District I—Industrial Zoning District C-4—General Commercial District ICBSD—Immokalee Central Business Subdistrict C-5—Heavy Commercial District imp-Land Development Code CCME—Conservation and Coastal-Management L0,1—Level of Service Element x PA-Local. lanningAgency CCPC—Collier County Planning Commission LSPA—Littoral Shelf Plantih Area CCSL(P)—Coastal Construction Setback Line(Permit) M/F—Multi family Use or Zoning CDD—Community Development District MH—Mobile Home CEB—Code Enforcement Board MHO—Mobile Home Overlay CF—Community Facility MLW—Mean Low Water CIE—Capital Improvement Element MPP—Manatee Protection Plan CIP—Capital Improvement Program NBMO—North Belle Meade Overlay CMO—Corridor Management Overlay NC—Neighborhood Commercial District C.O.—Certificate of Occupancy NRPA—Natural Resource Protection Area CON—Conservation Zoning District O.C.—On Center CRD—Compact Rural Development P—public Use District CSP—Conceptual Site Plan PPL—Plans and Plat CU—Conditional Use PSI—Pounds Per Square Inch DBH—Diameter at Breast Height DEO—Department of Economic Opportunity PSP—Preliminary Subdivision Plat PUD—Planned Unit Development D.O.—Development Order RSF—Residential Single-Family Districts DRI—Development of Regional Impact RCW—Red Cockaded Woodpecker DSWT—Dry Season Water Table RFMU—Rural Fringe Mixed Use District E—Estates Zoning District RLS—Request for Legal Service EAC—Environmental Advisory Council RLSA(0)—Rural Lands Stewardship Area(Overlay) EIS—Environmental Impact Statement RMF—Residential Multi-Family Districts EPA—Environmental Protection Agency RNC—Residential Neighborhood Commercial EXP—Excavation Permit Subdistrict FAC—Florida Administrative Code R.O.W.—Right of Way FDEP—Florida Department of Environmental RSF—Residential Single Family Protection SBCO—Santa Barbara Commercial Overlay District FDOT—Florida Department of Transportation SBR—School Board Review FFWCC—Florida Fish&Wildlife Conservation SDP—Site Development Plan Commission S/F—Single Family Use/Zoning FIAM—Financial Impact Analysis Module SFWMD—South Florida Water Management District 229 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 12 /Acronyms SIP—Site Improvement Plan TDR—Transfer of Development Rights SLR—Sound Level Reduction TP—Turtle Permit SRA—Stewardship Receiving Area TTRVC—Travel Trailer Recreational Vehicle SSA—Stewardship Sending Area Campground ST—Special Treatment Zoning Overlay USFWS—United States Fish&Wildlife Service ST-NAR—Special Treatment-Natural Aquifer VOB—Vehicle on the Beach Permit Recharge VR—Village Residential Zoning District SWFRPC—Southwest Florida Regional Planning VRP—Vegetation Removal Permit Council VRSFP—Vegetation Removal &Site Fill Permit TCEA—Transportation Concurrency Exception Areas W—Waterfront District TCMA—Transportation Concurrency Management WRA—Water Retention Area(within RLSA) Areas 23O ' Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 13. Glossary Addressing An addressing checklist is a form that must be signed by a member of the Addressing Staff. Checklist This form indicates the petition type,the legal description,folio/property identification number,the street address, location information,and a survey for unplatted properties. The addressing checklist form can be found on the Collier County website,on the Zoning and Land Use Application page. Applicant A person or entity who files an application with the Growth Management Division, including their representative or agent. Applicant Contact The applicant contact information should include, but not limited to the following: Information • Applicant/owner or agent's: o Name; o Address; o Phone number; o Email address;and o The name of the firm where the agent is employed, if applicable. Architect A natural person who is licensed under F.S.Chapter 481, Part Ito engage in the practice of architecture. Engineer A person who is licensed to engage in the practice of engineering under F.S. Chapter 471,and who practices principally in the design and construction of public works or infrastructure. Collier County The general codification of the general and permanent ordinances of Collier County, Florida. Code of Laws& The Code of Laws and Ordinances is available online at www.municode.com. Ordinances Electronic Copies An electronic version of all plans and documents, in PDF or Word format,on a CDROM as part of all Documents of the submittal package. Landscape A person who holds a license to practice landscape architecture in the State of Florida under Architect the authority of F.S.Chapter 481, Part II. Land The Collier County Land Development Code 2004-41. The LDC is available online at Development www.municode.com. Code(LDC) Mailed Notice See LDC section 10.03.05 B. q See LDC section 10.03.05 A. NIM q See LDC section 10.03.05 C. Newspaper 231 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Land Development Code I Administrative Procedures Manual Chapter 13 / Glossary Advertisement Official Zoning The map that shows the location and boundaries of the zoning districts established by the Atlas LDC section 2.02.01. Planner A person who is certified by the American Institute of Certified Planners(AICP). Proof of A copy of the recorded deed,contract for sale or agreement for sale,or a notarized Ownership statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The application shall also present a notarized letter of authorization from the property owner(s)designating the applicant as the agent acting on behalf of the owner(s). Property The folio number that identifies a property or the parcels that are assigned by the Collier Identification County Property Appraiser. Number Property Owner The owner of the property that is subject to an application for development approval,or the designated agent or attorney. Property Owners Persons or entities who own property in the area that are subject to a mailed written notice in the Notification of a hearing, pursuant to LDC subsection 10.03.05 B., <5 See Chapter 8 of the Administrative Area Code for additional information. PUD Ordinance The following list of documents and materials shall be provided for the following land use and Development applications, including, but not limited to:SDPs,SDPAs, PPL5,and PUDAs.The Planning& Commitment Zoning Department shall review the PUD materials concurrent with all applicable land use Information applications. 1. PUD ordinance and any amendments. 2. A copy of the latest approved agreements. 3. An itemized list of all commitments identified within the agreement/ordinance and a corresponding detailed status report of the commitments. 4. Notarized affidavit from the owner/authorized agent that certifies all commitments within the agreements or PUD are compliant or not applicable at this time,or that work identified in the application being submitted fulfills the outstanding commitments. 5. An up to date site drawing illustrating(except for DRIs): • All on-site and off-site infrastructure identified as a commitments which have been completed or are pending such as turn lanes, entrance lighting signalization, right-of-way dedication,water management,well fields, conservation easements,sidewalks,interconnections,etc. • Other information as may be required by the County Manager or designee that is consistent with the monitoring of agreements and PUD ordinances. Sign <=' See LDC section 10.03.05 D. 232 Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docx Chapter 14. Appendices Appendix A. The following is a flow chart indentifying the State, Regional and Local Review Procedure. Development of Regional Impact (DRI) Procedure *F.S.section 380.06 Contact Regional Manning Council{RPC) ?re-app:ication meeting w:th RPC and the County file applicationwit-r Department of Economic Opportunity(DEO), Planning and Zoning Department and the R?C 30 Days Maximum r Applicant aarees to provide rtormation Suffic'encydetermined by RPC No Applicant declines to provide Yes , m [-formation The County sets hearing date and publishes .r notir..e at a regular meeting 60 Days Minimum 50 Days Maximum 90 Days Maximum RPC Report submitted to Planning and DRIPublici-earing _ Zoning Department 30 Days Maximum Development Order ID.O.) 45-day Appeal ueriod begins once D.O.is Issued rendered to DEU. 233 I Page I:\Admin Code 2012\Current Work\Admin Code Working Draft 2013-7-15 for CCPC w no underline.docxAdmin Code Working Draft 2013-7-15 for CCPC w no underline Collier County Adm o'iriars LDC Amendments' DRAF I. July, 17, 2013 • Operations and Re:u s. i� t LDC Amendment Request ORIGIN: Board Directed AUTHOR:Growth Management Staff DEPARTMENT:Growth Management AMENDMENT CYCLE:2012 Cycle 1 Contents Chapter 1.General Provisions 9 1.06.01 Responsibility for Interpretations 9 1.07.00 Laws Adopted By Reference 11 Chapter 2.Zoning Districts and Uses 13 2.03.01 Agricultural Districts 13 2.03.06 Planned Unit Development Districts 14 Chapter 3.Resource Protection 15 3.02.10 Standards for Subdivision Plats 15 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 15 3.05.03 Procedures for a Vegetation Removal Permit 16 3.05.07 Preservation Standards 17 3.08.00 Environmental Data Requirements 17 Chapter 4.Site Design and Development Standards 23 4.03.01 Generally 23 4.03.03 Exemptions 24 4.03.04 Lot Line Adjustment and Lot Split 28 4.05.04 Parking Space Requirements 30 4.07.02 Design Requirements 30 Chapter 5.Supplemental Standards 31 5.03.06 Dock Facilities 31 5.04.01 Temporary Use Permits 31 5.04.05 Temporary Events 33 5.04.08{Reserved]Film Permit 33 5.05.01 Businesses Serving Alcoholic Beverages 34 5.05.05 Automobile Service Stations 35 5.05.08 Architectural and Site Design Standards 38 5.06.02 Development Standards for Signs within Residential Districts 39 5.06.04 Development Standards for Signs in Nonresidential Districts 40 5.06.11 Permit Application and Review Process for Signs 41 Chapter 6.Infrastructure Improvements and Adequate Public Facilities Requirements45 6.01.02 Easements 45 6.01.05 Soil Erosion and Sediment Control Plan 46 6.02.01 Generally 47 6.02.03 Transportation Level of Service Requirements 48 6.04.03 Fire Hydrants 49 6.05.01 Water Management Requirements 50 6.06.01 Street System Requirements 53 6.06.02 Sidewalks,Bike Lane and Pathway Requirements 54 Chapter 9.Variations from Code Requirements 57 9.02.06-Required Notices for Vested Rights Determination Process,Including Public Hearings 57 9.03.07 Nonconformities Created or Increased by Public Acquisition 58 • 61 Chapter 10.Application,Review,and Decision-Making Procedures 63 10.01.02 Development Orders Required 63 10.02.02 Infrastructure Standards and County Inspections -:••• . •-: • --• - - 65 10.02.03 Submittal-Requirements for Site Development,Site Improvement Plans and Amendments thereof 80 10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats 99 10.02.05 Construction,approval,and acceptance of required improvements 125 10.02.06 Submittal Requirements for Permits 151 10.02.07 Submittal-Requirements for Certificates of Public Facility Adequacy 168 10.02.08 Submittal-Requirements for Amendments to the Official Zoning Atlas and LDC 186 10.02.09 Submittal Requirements for Text Amendments to the LDC 192 10.02.13 Planned Unit Development(PUD)Procedures 193 10.02.15 Requirements for Mixed Use Projects Procedures within the Bayshore Gateway Triangle Redevelopment Area 209 4 I:1Admin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM 10.03.05 Required Methods of Providing Public Notice = ' - •• • - -- - ' - '-- 213 10.03.06—Public Notice and Required Hearings for Land Use Petitions(new section] 229 10.08.00 Conditional Use Procedures 234 Amend the LDC as follows: CHANGE:It is proposed the Land Development Code(LDC)be amended to remove many of the submittal requirements related to the use and development of land to move it to a new Administrative Code.The information to be relocated to the Administrative Code is more administrative in nature.The LDC amendment ordinance will also contain an"inadvertently omitted"clause to ensure that if any provisions are accidently omitted during this process they will remain in force. The goal of the 2013 Administrative Code adoption is to create a"core"Administrative Code, with future additions and amendments proposed as necessary.It is important to note that procedures specific to the Rural Fringe Mixed Use District,the Stewardship Sending Areas and Stewardship Receiving Areas,among others,are not included within the"core"Administrative t".\ Code.There are other applications related to land use,such as those contained in the Code of Laws and Ordinances,which are also not addressed in the initial version of Administrative Code. Changes to the Land Development Code During the process of creating the Administrative Code,conflicts,inconsistencies,and other issues arose.This led to the relocation and consolidation of provisions.Other changes are recommended by County Staff to provide a more consistent approach to the numerous processes within the County.The following list provides an overview of the LDC amendment types: 1. LDC amendments,proposed to improve consistency.Several LDC amendments were included within the document to provide procedural consistency.For example,the amendment establishes a"15 day prior"provision for all public notice requirements.This means that newspaper advertisements,mailed notices,signage,and neighborhood information meetings(and their corresponding mailed notices)shall be sent,advertised, or posted 15 days prior to the required public hearing.This streamlines the process and eliminates a wide variety of time frames currently in the LDC,such as"at least 7 days prior to,but not later than 5 days before,"which is the current requirement for a legal advertisement for a neighborhood information meeting. 2. The relocation of LDC sections. LDC sections were relocated to address several issues. First,as submittal requirements were relocated to the Administrative Code,particularly those in Chapter 10,many sections were left with little content or substance.These provisions were relocated to the primary LDC section,where the criteria are established, for ease of use and consolidation of related provisions.Second,conflicts were identified 5 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM between some sections in which language was similar,but not identical.The most restrictive provisions were retained and language was merged.Third,a few sections were relocated because they were incorrectly placed,such as the rezoning provisions under LDC section 10.03.05,the Notice Requirements section.Often,provisions were moved to sections where they had previously resided. 3. General updates to terms.Updates to common terms and phrases were made throughout the amendment,for example,the phrase"County Manager or his designee"was replaced with"County Manager or designee"and the term"LDC"replaces the term"Code."The later is to prevent confusion with the new Administrative Code and other adopted county codes. 4. Rewritten LDC sections. Several LDC sections were rewritten due a lack of continuity and because they were out of date.Often the review,approval,and order of work were no longer current.Importantly,the revised sections retain the intent of the LDC and reflect current procedures and requirements.The following sections were rewritten: • 10.02.04 Requirements for Preliminary Final Subdivision Plats(revised title); • 10.02.05 Construction,approval,and acceptance of required improvements(revised title); • 10.02.07 C Requirements for Certificates of Public Facility Adequacy;and • 10.03.05 Required Methods of Providing Public Notice,which now includes 10.03.06 Public Notice and Required Hearings for Land Use Petitions(new section) 5. Proposed additions and other language changes.The following are proposed additions or deletions from the LDC amendment. • A new section for conditional use re-review,LDC section 10.08.00 G.This is an existing process that is not codified.The proposed language will allow for an applicant to request a re-review if stipulations were included in the approval of the conditional use. • New sections for a Minor Final Plan and Construction Plans,both current applications that are not codified. • Including a"good faith clause"for public notice,LDC section 10.03.05 B.This identifies that given a good faith effort,a mailed written notice is a courtesy and the failure to mail or to timely mail the notice or failure of an affected property owner to receive the mailed notice does not constitute a defect in the petition and the public hearing may proceed. This provision is included in other jurisdictions,such as Lee County. • Removed language requiring base flood elevations to be identified on final subdivision plats,LDC sections 3.02.10 E.4 and 10.02.04 B.5.xiii.It is proposed these provisions are deleted because identifying base flood elevations is not a state requirement and because base flood elevations are subject to change.Including this information on final subdivision plats creates confusion and possible conflicts. • Included language that identifies time frames for the completion,for example:lot line adjustments,site development plan amendments,and site improvement plans.These additions provide clarity and removes potential conflicts. • A new section for Zoning Verification Letters,LDC section 10.02.06 J.This section proposes to expand a current process for zoning verification to include Zoning 6 I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINALdooc 7/17/2013 2:53 PM Verification Letters for Non-Residential Farm Building Exemptions and Comparable Use Determination for Planned Unit Developments. • Included the Office of the Hearing Examiner provisions. Public Vetting The proposed LDC amendment was vetted by the Development Services Advisory Committee- Land Development Review(DSAC-LDR)subcommittee.Four meetings were held to discuss and review the Administrative Code and related LDC amendments.The DSAC-LDR meetings began in January 2013 and extended into July 2013.The meetings were attended by members of the development community,including members of the Collier Building Industry Association, local land use planning consultants,and the Conservancy of Southwest Florida. The DSAC-LDR is scheduled to provide recommendations to the full DSAC in late July. Recommendations will be proved at the next Planning Commission meeting. REASON:The LDC amendment provides for the creation of the Administrative Code.The Administrative Code combines the procedures for developing property that are contained throughout the LDC into a single document.It is designed to be user friendly and to assist applicants,design professionals,and County Staff in understanding many of the complex permitting processes in Collier County.The Administrative Code will describe the application contents;staff review process,public notice procedures,and reviewing agencies for land use petitions and the approval process for administrative applications. FISCAL&OPERATIONAL IMPACTS:The proposed amendment will not result in any fiscal impacts to the County.The amendment,coupled with the adoption of the Administrative Code,will not have any anticipated operation impacts on the County,expect for updates as required. Fiscal and operational benefits are foreseeable for property owners,applicants,design professionals,and County Staff as petitions will be easily identifiable and the Administrative Code will assist parties understand the complex development process.Additionally,future changes to land development procedures can be made in a simpler manner,without the need for a text amendment to the LDC. RELATED CODES OR REGULATIONS:Collier County Administrative Code. GROWTH MANAGEMENT PLAN IMPACT:None. OTHER NOTESNERSION DATE:Prepared by Caroline Cilek,Senior Planner,Growth Management Division,Operations and Regulatory Management.Prepared July 17,2013. 7 I:Wdmin Code 2012\Current Work'Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Chapter 1. General Provisions 1 Administrative Code/LDC Amendment Overview Admin Code Section Chapter 5.G—Official Interpretations of the LDC and Title: LDC Notice Section: 10.03.06 O LDC Changes: 1.06.01: • Relocating LDC section 10.02.02 F to LDC section 1.06.01 D. • The relocation consolidates the interpretation provisions and allows for ease of use.Additionally, 10.02.02 was titled "Submittal Reqs for All Application"and the Official Interpretation process is a requested process and not required for all applications. • Modifications were made to the section to update references and for clarity,as noted below. Revised: 6/5/13 CC 2 3 1.06.01 Responsibility for Interpretations 4 A. The County Manager or designee shall have the authority to make all interpretations of 5 the text of this LDC,the boundaries of zoning districts on the official zoning atlas, and to 6 make all interpretations of the text of the GMP and the boundaries of land use districts 7 on the future land use map. 8 B. The County Manager or designee shall have the authority to make all interpretations of 9 the text of this LDC on matters related to the Building Code, building permit 10 requirements, building construction administrative code or building permits. 11 C. During the course of review of a development order or permit,as the case may be, 12 should an applicant and staff be unable to concur on the application of a specific 13 provision or provisions of this LDC,the County Manager or designee shall be authorized 14 to make a final determination.The procedures for iccuancc of a determination arc 15 provided in Chapter 10. 16 D. Request for Official Interpretation.The County Manager or designee may render an Comment[else]:Relocated from 10.02.02 F. 17 official interpretation of any part of the LDC.The building official may render an official Section was reorganized to separate out building official and County Manager. 18 interpretation of any part of the Florida Building Code. ; 19 1. Generally.An official interpretation may be requested b y any affected person.on. Comment[C21:The term"officiar was added 1 t roughout the section for clarity 20 resident,developer, land owner,government agency or department.or any {Comment[els3]:New language-from COA 21 person having a contractual interest in land in Collier County. 22 2. Procedure.The Administrative Code shall establish the procedure and submittal 23 requirements for an official interpretation) Comment[els4]:New language.Replaces 24 3. Request Criteria. Each request must identify the specific LDC or building code 25 citation to be interpreted. Each request for interpretation must be accompanied 26 by the appropriate fee as set forth in the fee resolution adopted by the Board of 27 County Commissioners. Under no circumstances may the request for 28 interpretation contain more than 3 issues or questions. It must not contain a 29 single question with more than 3 sub-issues or questions. If it is determined by 30 the appropriate official that the request for interpretation contains more than 3 31 issues,the applicant will be required to submit a separate request accompanied 32 by the applicable fees. 9 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current tcxt to be deleted from LDC Bold text indicates a defined term 1 4. Notice.The interpretation shall be in writing and shall be sent to the applicant by 2 certified mail return receipt requested.Public notice procedures are identified in 3 LDC subsection 10.03.06 O. _ [Comment[els5]:New language i 4 Effective time limits of an interpretation. Comment[C6]:Reorganized to separate 5 a. An interpretation rendered by the County Manager or designee shall building official and County Manager or desigee 6 remain in effect until the appropriate LDC section is amended to clarify 7 the applicable provision or provisions which warranted the interpretation, 8 or until such time as the interpretation is adopted, modified,or reiected as 9 a result of an appeal to the Board of Zoning Appeals and/or the Building 10 Board of Adiustments and Appeals, by the applicant or other individual or 11 entity identified in LDC section 1.06.01 D.1, above. From the time the 12 interpretation is rendered and the time the appropriate LDC section is 13 amended, or in the case of an appeal, until such time as the Board of 14 Zoning Appeals and/or Building Board of Adjustments and Appeals has 15 rendered its finding, no further request for interpretation regarding the 16 same issue shall be permitted. 17 b. An interpretation rendered by the building official shall remain in effect as 18 provided for in the Florida Building Code. (Comment[C7]:New language 19 6. Appeal to Board of Zoning Appeals or Building Board of Adiustments and -_ 20 Appeals. 21 a. Within 30 days after receipt by the applicant or affected property owner 22 of a written official interpretation sent by certified mail return receipt 23 requested by the County Manager or designee or building official,or 24 within 30 days of publication of public notice of the official interpretation, 25 the applicant,affected property owner,or aggrieved or adversely '� 26 affected party may appeal the interpretation to the Building Board of 27 Adiustments and Appeals for matters relating to building and technical 28 codes as shown in'LDC section 1.07.00 br to the Board of Zoning Comment[etss]:originally referred to 29 Appeals for all other matters in the LDC. For the purposes of this section, Division 1.18 from the 91-01 LDC,which was 30 an affected property owner is defined as an owner of property located the Laws Incorporated By Reference section. 31 within 300 feet of the property lines of the land for which the official 32 interpretation is effective.An aggrieved or affected party is defined as any 33 person or group of persons which will suffer an adverse effect to an 34 interest protected or furthered by the Collier County Growth Management 35 Plan, LDC,or building code(s).The alleged adverse interest may be 36 shared in common with other members of the community at large, but 37 shall exceed in degree the general interest in community good shared by 38 all persons. 39 b. A fee for the application and processing of an appeal shall be established 40 at a rate set by the Board of County Commissioners from time to time and 41 shall be charged to and paid by the applicant. 42 c. The Board of Zoning Appeals or the Building Board of Adiustments and 43 Appeals,whichever is applicable, shall hold an advertised public hearing 44 on the appeal and shall consider the interpretation of the County Manager 45 or designee or building official.whichever is applicable, and public 46 testimony in light of the growth management plan. the future land use 47 map,the LDC or the official zoning atlas, or building code related 48 matters,whichever is applicable. The Board of Zoning Appeals or the 49 Building Board of Adjustments and Appeals,whichever is applicable,shall 50 adopt the County Manager or designee's or building official's 51 interpretation,whichever is applicable.with or without modifications or I:\Admin Code 2012\Current WorkkAdmin Code LDC Amendmentlfor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 conditions,or reject their interpretation.The Board of Zoning Appeals or 2 the Building Board of Adiustments and Appeals,whichever is applicable, 3 shall not be authorized to modify or reject the County Manager or 4 designee's or building official's interpretation unless such board finds 5 that the determination is not supported by substantial competent evidence 6 or that the official interpretation is contrary to the Growth Management 7 Plan,the future land use map,the LDC or the official zoning atlas,or 8 building code,whichever is applicable. 9 d. Time limitations on appeals.Any appeal that has not been acted upon by 10 the applicant within 6 months of the applicant filing the appeal will be 11 determined to be withdrawn and cancelled unless extended by the BCC. 12 Further review and action on the appeal will require a new application 13 subject to the then current LDC. 14 # # # # # # # # # # # # # 15 Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Section: 1.07.00 • Adding the Administrative Code to the LDC list of adopted ordinances in section 1.07.00 Revised: 6/5/13 CC 16 1.07.00 Laws Adopted By Reference 17 The following Collier County ordinances and laws,as amended or superseded,are 18 hereby incorporated into this LDC by reference as if fully set forth and recited herein. Repeal or 19 amendment of these ordinances,or adoption of successor ordinances,shall not be subject to 20 procedures otherwise required for adoption of amendments to this LDC,except as otherwise 21 required by general law. Subject Ordinance Number * * * * * * * Collier County Administrative Code (Insert Ordinance Number) 22 # # # # # # # # # # # # # 23 I:\Admin Code 20121Current Work\Admin Code LDC Amendmentlfor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term ' I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 2.Zoning Districts and Uses 2 Administrative Code!LDC Amendment Overview Admin Code Ch.3 C.Conditional Uses Section and Title: LDC Notice N/A Section LDC Changes: 2.03.01: • Added language to reference Admin.Code and conditional use section Revised: 6/5/13 CC 3 2.03.01 Agricultural Districts 4 * * * * * * * * * 5 A. Rural Agricultural District(A). 6 * * * * * * * * * * * * * 7 1. The following subsections identify the uses that are permissible by right and the 8 uses that are allowable as accessory or conditional uses in the rural 9 agricultural district(A). 10 * * * * * * * * * * * * * 11 b. Accessory uses. 12 * * * * * * * * * * * * * 13 5. Excavation and related processing and production subject to the 14 following criteria: 15 i. The activity is clearly incidental to the agricultural 16 development of the property. 17 ii. The affected area is within a surface water management 18 system for agricultural use as permitted by the South 19 Florida Water Management District(SFWMD). 20 iii. The amount of excavated material removed from the site 21 cannot exceed 4,000 cubic yards.Amounts in excess of 22 4,000 cubic yards shall require conditional use approval 23 for earthmining, pursuant to the procedures and conditions 24 set forth in Chapter 10 LDC section 10.08.00 and the 25 Administrative Code. 26 * * * * * * * * * * * * * 27 c. Conditional uses.The following uses are permissible as conditional 28 uses in the travel trailer recreational vehicle campground district 29 (TTRVC),subject to the standards and procedures established in LDC 30 section 10.08.00 and the Administrative Code. 31 # # # # # # # # # # # # # 32 I:'Admin Code 2012\Current Work\Admin Code LDC Amendmentlfor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Section Ch.3 G. Planned Unit Development and Title: LDC Notice Section N/A LDC Section: 2.03.06: • Added language to reference Admin. Code and the(newly relocated)rezone section Revised: 6/5/13 CC 1 2.03.06 Planned Unit Development Districts * 2 * * * * * * * * * * * * 3 C. PUD districts shall hereafter be established by amendment of the official zoning atlas 4 according to the procedures established in Chapter 10 LDC section 10.02.08 and the 5 Administrative Code.The purpose and intent of establishing and identifying the following 6 classifications is to identify a relationship between a proposed PUD and the other zoning 7 districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning 8 district and the uses permitted within a PUD to defined zoning districts within this LDC 9 and to establish appropriate uses and performance standards within this PUD,which are 10 similar to those allowed by the most similar district(s). PUDs shall hereafter be defined 11 by the following districts and shall be referenced as such within the PUD document as 12 follows: 13 # # # # # # # # # # # # # 14 15 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 3.Resource Protection 2 Administrative Code/LDC Amendment Overview Admin Code Ch.4 E.4 Vegetation Removal Permit Section and Title: LDC Notice N/A Section: LDC Sections: 3.05.02: • Relocated language from LDC section 10.02.06 C Vegetation Permit Requirements to 3.05.02 F.due to a conflict.Similar language existed in 3.05.02 and 10.02.06 regarding the exceptions to a vegetation removal permit.The relocation and removal of the language in 10.02.06 removes the conflict. • The language in 3.05.02 F.1 was reorganized for clarity. 3.05.03: • Relocated language from 10.02.06 C.3 Review Procedures to 3.05.03 which provides the procedures for a vegetation removal permit. 3.05.07: • Duplicating language from the(newly relocated)3.08.00 Environmental Data for consistency,as noted below. Revised: Updated 4/26/13,6/5/13 CC 3 3.02.10 Standards for Subdivision Plats 4 A. All subdivision plats shall be consistent with the need to minimize flood damage. 5 B. All subdivision plats shall have public utilities and facilities,such as sewer,gas, 6 electrical,and water systems, located and constructed to minimize flood damage. 7 C. All subdivision plats shall have adequate drainage provided to reduce exposure to 8 flood hazards. 9 D. Base flood elevation data shall be shown on the Master Subdivision Plan. 10 E. All final plats presented for approval shall clearly indicate the finished elevation of the 11 roads,and the average finished elevation of the lots or homesite„ 12 bacc flood elevation as required in this cection.All grades must be shown in both 13 NAVD and NGVD.The information may be shown referenced to one datum with a note 14 on the cover sheet listing a site-specific equation for determining the grades in the other 15 datum. 16 # # # # # # # # # # # # # 17 18 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 19 20 F. The following exceptions shall apply when there are no bald eagle nests Comment[C9]:Relocated from LDC section 21 1. --: a :- :- --a- ::-: -:- - :_ -•: -A vegetation removal 10.02.06 Vegetation Permit Requirements due 22 permit for clearing 1 acre or less of land is shall not be required for the removal of to conflict with two sections that were similar but p 9 q not identical. 23 protected vegetation,other than a specimen tree,on lots subdivided for only 24 single-family use on a parcel of land zoned residential,-RSF,VR,A or E,or 25 other nonagricultural, non-sending lands,non-NRPA, noncommercial zoning 26 districts pursuant to LDC section 3.05.02 F.1.a-c.' - . - 27 - 28 beemmet:This exemption shall not apply to lots on undeveloped costal barrier l I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 islands or to the Rural Fringe Mixed Use District when a higher native 2 vegetation protection requirement may not allow for 1 full acre of clearing. 3 4a. A building permit has been issued for the permitted principal structure 4 (the building permit serves as the clearing permit);or 5 2b. The permitted principal structure has been constructed,and the 6 property owner or authorized agent is conducting the removal,and the 7 total area that will be cleared on site does not exceed one acre and (Comment[C101:New 8 4c. All needed environmental permits or management plans have been 9 obtained from the appropriate local,state and federal agencies. 10 1. Where greater vegetation protection is required in the Rural Fringe Mixed 11 .. _. 12 allow for the full one acre of clearing. Comment[C11]:Moved above to F.1 13 2. A vegetation removal permit is not required for the removal of protected ,comment[C12]:Relocated from 10.02.06 14 vegetation other than a specimen tree,when a site plan and vegetation vegetation Removal Requirements to 3.05.02 15 protection plans have been reviewed and approved by the County Manager or i,F.2,-F.6 16 designee as part of the final local development order. (comment[C13]:New language 17 3. A vegetation removal permit is not required for the removal of protected 18 vegetation from the property of a Florida licensed tree farm/nursery,where such 19 vegetation is intended for sale in the ordinary course of the licensee's business 20 and was planted for the described purpose. 21 4. A vegetation removal permit is not required for the removal of protected 22 vegetation other than a specimen tree by a Florida licensed land surveyor in the 23 performance of his/her surveying duties,provided such removal is for individual Comment[C14]:New language"surveying". 24 trees within a swath that is less than 3 feet in width. CAO I 25 5. A vegetation removal permit is not required for the removal of protected 26 vegetation prior to building permit issuance if the conditions set forth in LDC 27 section 4.06.04 have been met. 28 6. A vegetation removal permit is not required for the hand removal of prohibited 29 exotic vegetation. Mechanical clearing of prohibited exotic vegetation shall 30 require a vegetation removal permit. Mechanical clearing is defined as clearing 31 that would impact or disturb the soil or sub-soil layers or disturb the root systems 32 of plants below the ground. 33 # # # # # # # # # # # # # 34 35 3.05.03 Procedures a Vegetation Removal Permit �Comment[C15]:Language relocated from 36 1 _. ° ::__ °• ° 0.02.06 C. 37 application and review procedures are set forth in Chapter 10. 38 A. The Administrative Code shall establish the process and application submittal 39 requirements to obtain a vegetation removal permit. 40 B. Issuance of permit.An approved vegetation removal permit is valid for a period not to 41 exceed 180 days. 42 1. Approval.The County Manager or designee may approve,approved with 43 conditions,or deny the vegetation removal permit.Any conditions applied to the 44 permit shall relate to the methods of designating and protecting vegetation not 45 proposed for removal.A violation of these conditions shall constitute cause to 46 void the vegetation removal permit. 47 2. Extension of permit.An extension requested prior to expiration of the original 48 permit may be granted for good cause shown upon written application to the 49 County Manager or designee. - 50 3. [Permit feed.All vegetation removal permit applications shall be charged a review Comment[C161:Deleted the following: "...applications r 51 fee as established by resolution of the Board of County Commissioners. shall be charged.," \Admin Code 2012\Current Work\Admin Code LDC Amendmentlfo I: r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 # # # # # # # # # # # # # 2 3.05.07 Preservation Standards 3 * * * * * 4 F. Wetland preservation and conservation. 5 * * * * * * * 6 3. RMFU RFMU district. Direct impacts of development within wetlands shall be 7 limited by directing such impacts away from high quality wetlands Ihavinq 8 functionality scores of at least 0.65 WRAP or 0.7 UMAM. This shall be Comment[C17]:Added from section 9 accomplished by adherence to the vegetation retention requirements of!LDC' 10.02.02 A Environmental Data Requirements 10 section 3.05.07 C above and the following standards: for consistency. 1 11 # # # # # # # # # # # # # (Comment[C18]:New language 12 Administrative Code/LDC Amendment Overview Admin Code Ch.7 A Environmental Data Reqs.for PUD Zoning and Conditional Uses Section and Title: LDC Notice N/A Section: LDC Changes: 3.08.00 • Relocating language from LDC section 10.02.02 A(10.02.02 will be relocated/deleted in entirety)to new LDC section 3.08.00 to consolidate the environmental requirements in LDC Ch. 3. Revised: 6/5/13 CC ^ 13 14 3.08.00 Environmental Data Requirements [Comment[C191:Relocated from 10.02.02 j 15 A. Environmental Data Requirements. 16 1. Purpose. The purpose of this section is to identify the environmental data that is Comment[C20]:Previously"types and forma[] 17 required to review a proposed proiect to ensure it meets the land development ,_°f"_. 18 standards contained within the LDC. 19 2. Preparation of Environmental Data. Environmental Data Submittal Requirements 20 shall be prepared by an individual with academic credentials and experience in 21 the area of environmental sciences or natural resource management. Academic 22 credentials and experience shall be a bachelor's or higher degree in one of the 23 biological sciences with at least two years of ecological or biological professional 24 experience in the State of Florida. 25 3. Procedure. Submittal requirements for all land use applications are identified in 26 this section. The Administrative Code shall establish the process and additional 27 submittal requirements for Environmental Data Requirements for PUD Zoning 28 and Conditional Uses. !Comment[C21]:New language 29 4. Environmental Data. The following information shall be submitted, where 30 applicable,to evaluate proiects. 31 a. Wetlands. 32 i. Identify on a current aerial, the location and acreage of all Collier 33 County/SFWMD iurisdictional wetlands according to the Florida (Comment[C22]:New Language 34 Land Use Cover and Forms Classification System (FLUCFCS) --- 35 and include this information on the site development plan SDP) comment[C231:Put sDP in parentheses 36 or lconstruction plan and final subdivision plat(PPL)l Wetlands Comment[C24]:New language,PPL updates 37 must be verified by the South Florida Water Management District term from"final plat construction plans° 38 (SFWMD) or Florida Department of Environmental Protection 39 (DEP) prior to SDP or PPL approval. For sites in the RFMU comment[C25]:Updatedtennmroughout the section I:\Admin Code 20121Current Workdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 district, provide an assessment in accordance with LDC section 2 3.05.07 F and identify on the FLUCFCS map the location of all 3 high quality wetlands having functionality scores of at least 0.65 4 WRAP or 0.7 UMAM and their location within the proposed Comment[C26]:Change from"high quality 5 development plan. Sites with high quality wetlands must have wetlands(wetlands haying functionally score of 6 their functionality scores verified by the SFWMD or DEP prior to at least 0.65 .7UMAM3 7 the first development order approval.Where functionality scores 8 have not been verified by either the SFWMD or DEP, scores must 9 be reviewed and accepted by County staff, consistent with State 10 regulation. 11 ii. SDP or PPL with impacts to 5 or more acres of wetlands shall 12 provide an analysis of potential water quality impacts of the project 13 by evaluating water quality loadings expected from the proiect 14 (post development conditions considering the proposed land 15 uses and stormwater management controls) compared with water 16 quality loadings of the project area as it exists in its pre- 17 development conditions. The analysis shall be performed using 18 methodologies approved by Federal and State water quality 19 agencies,and must demonstrate no increase in nutrients(nitrogen 20 and phosphorous)loadings in the post development scenario. 21 iii. Where treated stormwater is allowed to be directed into preserves, 22 show how the criteria in LDC section 3.05.07 H have been met. 23 iv. Where native vegetation is retained on site, provide a 24 topographic map to a half foot and, where possible, provide 25 elevations within each of the FLUCFCS Codes identified on site. 26 Fora SDP or PPL, include this information on the site plans. [(Comment[C27]:updated term throughout 27 b. Listed Species and Bald Eagle Nests and Nest Protection Zones. section__ J 28 i. Provide a wildlife survey for the nests of bald eagle and for fisted 29 species known to inhabit biological communities similar to those 30 existing on site.The survey shall be conducted in accordance with 31 the guidelines or recommendations of the Florida Fish and Wildlife 32 Conservation Commission (FFWCC) and the U.S. Fish and 33 Wildlife Service (USFWS). Survey times may be reduced or 34 waived where an initial habitat assessment by the environmental 35 consultant indicates that the likelihood of listed species 36 occurrence is low, as determined by the FFWCC and USFWS. 37 Where an initial habitat assessment by the environmental 38 consultant indicates that the likelihood of listed species 39 occurrence is low, the survey time may be reduced or waived by 40 the County Manager or designee,when the project is not reviewed 41 or technical assistance not provided by the FFWCC and USFWS. 42 Additional survey time may be required if listed species are 43 discovered. 44 ii. Provide a survey for listed plants identified in LDC section 3.04.03. 45 iii. Wildlife habitat management and monitoring plans in accordance 46 with LDC section 3.04.00 shall be required where listed species 47 are utilizing the site or where wildlife habitat management and 48 monitoring plans are required by the FFWCC or USFWS. These 49 plans shall describe how the project directs incompatible land 50 uses away from listed species and their habitats. Identify the 51 location of listed species nests, burrows, dens, foraging areas, I:Vadmin Code 2012\Current Work\Admin Code LDC Amendmentlfoor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 and the location of any bald eagle nests or nest protection zones 2 on the native vegetation aerial with FLUCFCS overlay for the 3 site. Wildlife habitat management plans shall be included on the 4 SDP or PPL. Bald eagle management plans are required for sites 5 containing bald eagle nests or nest protection zones, copies of 6 which shall be included on the SDP or PPL. 7 c. Native vegetation preservation. 8 i. For sites or portions of sites cleared of native vegetation or in 9 agricultural operation, provide documentation that the parcel(s) 10 were issued a permit to be cleared and are in compliance with the 11 25 year rezone limitation pursuant to LDC section 10.02.06. For 12 sites permitted to be cleared prior to July 2003, provide 13 documentation that the parcel(s) are in compliance with the 10 14 year rezone limitation previously identified in the GMP. Criteria 15 defining native vegetation and determining the legality, process 16 and criteria for clearing are found in LDC sections 3.05.05, 17 3.05.07,and 10.02.06. 18 ii. Identify on a current aerial the acreage, location and community 19 types of all upland and wetland habitats on the project site, 20 according to the Florida Land Use Cover and Forms Classification 21 System (FLUCFCS), and provide a legend for each of the 22 FLUCFCS Codes identified. Aerials and overlay information must 23 be legible at the scale provided. Provide calculations for the 24 acreage of native vegetation required to be retained on-site. '--' 25 Include the above referenced calculations and aerials on the SDP 26 or PPL. In a separate report, demonstrate how the preserve 27 selection criteria pursuant to LDC section 3.05.07 have been met. 28 Where applicable, include in this report an aerial showing the 29 proiect boundaries along with any undeveloped land, preserves, 30 natural flowways or other natural land features, located on 31 abutting properties. 32 iii. Include on a separate site plan, the project boundary and the land 33 use designations and overlays for the RLSA, RFMU, ST and 34 ACSC-ST districts. Include this information on the SDP or PPL. 35 iv. Where off-site preservation of native vegetation is proposed in 36 lieu of on-site,demonstrate that the criteria in LDC section 3.05.07 37 have been met and provide a note on the SDP or PPL indicating 38 the type of donation (monetary payment or land donationl 39 identified to satisfy the requirement. Include on the SDP or PPL, a 40 location map(s) and property identification number(s) of the off- 41 site parcel(s)if off-site donation of land is to occur. 42 d. General environmental requirements. 43 i. Provide the results of any Environmental Assessments and/or 44 Audits of the property, along with a narrative of the measures 45 needed to remediate if required by DEP. 46 ii. Soil and/or ground water sampling shall be required at the time of 47 first development order submittal for sites that occupy farm fields 48 (crop fields, cattle dipping ponds, chemical mixing areas), golf 49 courses, landfill or junkyards or for sites where hazardous 50 products exceeding 250 gallons of liquid or 1,000 pounds of 51 solids were stored or processed or where hazardous wastes in I:\Admin Code 2012\Current WorldAdmin Code LDC Amendmentlfor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. • Bold text indicates a defined term 1 excess of 220 pounds per month or 110 gallons at any point in 2 time were generated or stored. The amount of sampling and 3 testing shall be determined by a registered professional with 4 experience in the field of Environmental Site Assessment and 5 shall at a minimum test for organochlorine pesticides (U.S. 6 Environmental Protection Agency (EPA) 8081) and Resource 7 Conservation and Recovery Act (RCRA) 8 metals using Florida 8 Department of Environmental Protection (DEP) soil sampling 9 Standard Operating Procedure (SOP) FS 3000, in areas 10 suspected of being used for mixing and at discharge point of water 11 management system. Sampling should occur randomly if no 12 points of contamination are obvious. Include a background soil 13 analysis from an undeveloped location hydraulically upgradient of 14 the potentially contaminated site. Soil sampling should occur just 15 below the root zone, about 6 to 12 inches below ground surface or 16 as otherwise agreed upon with the registered professional with 17 experience in the field of Environmental Site Assessment. Include 18 in or with the Environmental Site Assessment, the acceptable 19 State and Federal pollutant levels for the types of contamination 20 found on site and indicate in the Assessment, when the 21 contaminants are over these levels. If this analysis has been done 22 as part of an Environmental Audit then the report shall be 23 submitted. The County shall coordinate with the DEP where 24 contamination exceeding applicable DEP standards is identified 25 on site or where an Environmental Audit or Environmental 26 Assessment has been submitted. 27 iii. Shoreline development must provide an analysis demonstrating 28 that the project will remain fully functional for its intended use after 29 a six-inch rise in sea level. 30 iv. Provide justification for deviations from environmental LDC 31 provisions pursuant to GMP CCME Policy 6.1.1 (13). if requested. 32 v. Where applicable, provide evidence of the issuance of all 33 applicable federal and/or state oil and gas permits for proposed oil 34 and gas activities in Collier County. Include all state permits that 35 comply with the requirements of Chapter 62C-25 through 62C-30, 36 F.A.C.,as those rules existed on January 13, 2005. 37 e. Other LDC requirements. 38 i. Identify any Wellfield Risk Management Special Treatment 39 Overlay Zones (WRM-ST) within the project area and provide an 40 analysis for how the project design avoids the most intensive land 41 uses within the most sensitive WRM-STs and will comply with the 42 WRM-ST pursuant to LDC section 3.06.00. Include the location of 43 the Wellfield Risk Management Special Treatment Overlay Zones 44 on the SDP or PPL. For land use applications such as standard 45 and PUD rezones and CUs, provide a separate site plan or zoning 46 map with the project boundary and Wellfield Risk Management 47 Special Treatment Overlay Zones identified. 48 ii. Demonstrate that the design of the proposed stormwater 49 management system and analysis of water quality and quantity 50 impacts fully incorporate the requirements of the Watershed 51 Management regulations of LDC section 3.07.00. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iii. For sites located in the Big Cypress Area of Critical State 2 Concern-Special Treatment overlay district(ACSC-ST), show how 3 the project is consistent with the development standards and 4 regulations in LDC section 4.02.14. 5 iv. For multi-slip dock facilities with ten slips or more, and for all 6 marina facilities, show how the project is consistent with LDC 7 section 5.05.02. Refer to the Manatee Protection Plan for site 8 specific requirements of the Manatee Protection Plan not included 9 in LDC section 5.05.02. 10 v. For development orders within RFMU sending lands,show how 11 the project is consistent with each of the applicable Objectives and 12 Policies of the Conservation and Coastal Management Element of 13 the GMP. 14 f. Additional data. The County Manager or designee may require additional 15 data or information necessary to evaluate the project's compliance with 16 the LDC and GMP requirements. 17 5. Exemptions. 18 a. The Environmental Data Submittal Requirements exemption shall not 19 apply to any parcel with a ST or ACSC-ST overlay, unless otherwise 20 exempted by LDC section 4.02.14 I. 21 b. Single-family detached and two-family housing structure(s)on a lot(s)of 22 record except as otherwise provided at LDC section 4.02.04 (cluster 23 development), and townhouses developed on fee simple lots under 24 individual ownership, provided that a fee simple townhouse plat is 25 approved in accordance with the provisions of LDC section 10.02.04.B. 26 These exemptions shall not apply to the following. 27 j. Wetland delineations and permitting. 28 ii. Retention of native vegetation in accordance with LDC section 29 3.05.07 C. 30 iii. Listed species protection in accordance with LDC section 3.04.01. 31 c. Agricultural uses. AgricOultural uses that fall within the scope of sections 32 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject 33 property will not be converted to a nonagricultural use or considered for 34 any type of rezoning petition for a period of 25 years after the agricultural 35 uses commence and provided that the subject property does not fall 36 within an ACSC or ST zoning overlay. 37 d. All NBMO Receiving Lands in accordance with 2.03.08 A.2. 38 e. A conventional rezone with no site plan or proposed development plan. 39 This exemption does not apply to lands that include any of the following 40 zoning, overlays or critical habitats: Conservation (CON), Special 41 Treatment(ST),Area of Critical State Concern(ACSC), Natural Resource 42 Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending 43 Lands,Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land 44 occupied by listed species or defined by an appropriate State or Federal 45 agency to be critical foraging habitat for listed species. 46 f. In those areas of Collier County where oil extraction and related 47 processing is an allowable use, such use is subject to applicable state 48 and federal oil and gas permits and Collier County non-environmental site 49 development plan review procedures. Directional-drilling and/or 50 previously cleared or disturbed areas shall be utilized in order to minimize 51 impacts to native habitats, where determined to be practicable. This I:Wdmin Code 2012\Current WorMAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 requirement shall be deemed satisfied upon issuance of a state permit in 2 compliance with the criteria established in Chapter 62C-25 through 62C- 3 30, F.A.C., as those rules existed on January 13, 2005, regardless of 4 whether the activity occurs within the Big Cypress Watershed, as defined 5 in Rule 62C-30.001(2), F.A.C.All applicable Collier County environmental 6 permitting requirements shall be considered satisfied by evidence of the 7 issuance of all applicable federal and/or state oil and gas permits for 8 proposed oil and gas activities in Collier County, so long as the state 9 permits comply with the requirements of Chapter 62C-25 through 62C-30, 10 F.A.C. For those areas of Collier County outside the boundary of the Biq 11 Cypress Watershed,the applicant shall be responsible for convening the 12 Biq Cypress Swamp Advisory Committee as set forth in Section 377.42, 13 F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. 14 even if outside the defined Big Cypress Watershed. All access roads to 15 oil and gas uses shall be constructed and protected from unauthorized 16 uses according to the standards established in Rule 62C-30.005(2)(a)(1) 17 through(12), F.A.C. 18 # # # # # # # # # # # # # 19 I:Wdmin Code 2012\Current Work1Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM /.\ Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 4.Site Design and Development Standards 2 Administrative Code!LDC Amendment Overview Admin Code Section Chapter 5-Subdivision Procedures and Title: LDC Notice Section: N/A LDC Changes: 4.04.03: • Relocating language from LDC section 10.02.02 B(10.02.02 will be relocated/deleted in entirety)to LDC section 4.03.03. Subdivision exemptions were located in two LDC sections, 10.02.02 B and 4.03.03.Consolidation of all subdivision exemptions will remove conflicts and confusion. • Language in 10.02.02 B and which was absent from 4.03.03 was relocated to 4.03.03 to ensure no language was inadvertently omitted. Revised: 6/5/13 CC 3 4 4.03.01 Generally 5 IA.I The design of the required improvements for all subdivisions and developments – Comment[els28]:Relocated from Code of 6 pursuant to LDC section 10.02.03(shall be in accordance with general) accepted Laws and Ordinances(COL)Ch 2,article 1, y division 2(old Admin Code),design 7 professional engineering principles and practices.The standards established in this requirements. 8 section are intended only as minimum guidelines for the design engineer and are not (comment[C29]:"Shall" replacing"mar 9 intended to deprive the engineer of their responsibility for the technical adequacy of their l throughout section 10 design or freedom to use their engineering judgment and discretion in the practice of Comment[C30]:"their"replacing"his° 11 their profession. 12 8.1 Design data,such as calculations or analyses,shall be submitted along with the -- Comment[ers31]:Relocated from COL Ch 2, 13 subdivision and development improvement plans covering important features affecting article 1,division 2(old Admin Code),design 14 design or construction prior to the issuance of any required county development requirements. 15 orders, permits or approvals. Such calculations and analyses shall include, but not be 16 limited to: low and high water elevations,utility hydraulic and drainage calculations, 17 subsurface soil data,alternate pavement and sub-grade types and centerline elevations 18 when the minimum standards of Florida Department of Transportation or the American 19 Association of State Highway and Transportation Officials are inadequate, inappropriate 20 or not applicable. 21 C. The purpose of this section is to establish procedures and standards for the 22 development and subdivision of real estate within the unincorporated areas of Collier 23 County, Florida. Furthermore,the purpose of this section is to carry out the goals, 24 policies and objectives of the Collier County GMP.These procedures and standards are 25 provided in an effort to,among other things: 26 A:-1. Ensure proper legal description, identification,documentation and recording of 27 real estate boundaries; 28 B. 2. Aid in the coordination of land development in Collier County in accordance with 29 orderly physical patterns to encourage state of the art and innovative design; 30 C. 3. Discourage haphazard,premature, uneconomic or scattered land development, 31 D. 4. Ensure an economically stable and healthy community; 32 E. 5. Ensure adequate public facilities and utilities; 33 F. -6. Maintain the community's quality of life by properly preserving and conserving 34 natural resource features; 35 C. Prevent periodic and seasonal flooding by providing protective flood control and 36 drainage facilities; 1:1Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 H. 8. Provide open spaces for recreation;ensure land development with installation of 2 adequate and necessary public facilities and physical improvements; 3 I. 9. Ensure that the citizens and taxpayers of Collier County will not have to bear the 4 costs resulting from haphazard subdivision of land; 5 J. Provide the county with the authority to require installation by the developer of 6 adequate and necessary physical improvements so that the taxpayers and citizens of 7 Collier County will not have to bear the costs for the same; 8 K. 11. Ensure to the purchasers of subdivided land that necessary improvements of 9 lasting quality have been installed;comply with Chapter 177, F.S.as amended. 10 # # # # # # # # # # # # # 11 12 4.03.03 Exemptions 13 14 Subdivision exemptions. Before any property or development proposed to be exempted from 15 the terms of this section may be considered for exemption, a written request for exemption shall 16 be submitted to the County Manager or designee.After a determination of completeness,the 17 County Manager or designee shall approve,approve with conditions,or deny the request for Comment[C32]:Replaced disapprove°with l 18 exemption based on the terms of the applicable exemptions.Procedures for application,review, °deny°,. 19 and decision regarding exemptions from these subdivision requirements are set forth in the Comment[C33]:Language added from 20 Administrative Code Chapter 10.To the extent approved,the following may be exempted from 10.02.02 B.Language is from similar umbrella paragraph 21 these subdivision requirements. 22 A. Active agricultural uses.Agriculturally related development as identified in the permitted 23 and accessory uses allowed in the rural agricultural district A and located within any 24 area designated as agricultural on the future land use map of the Collier County GMP 25 and the Collier County official zoning atlas,except single-family dwellings and farm '— 26 labor housing subject to LDC section 5.05.03 shall be exempt from the requirements and 27 procedures for preliminary subdivision plats and improvements construction plans; 28 provided, however, nothing contained herein shall exempt such active agricultural uses 29 from the requirements and procedures for final subdivision plats,and where required 30 subdivision improvements are contemplated,the posting of subdivision performance 31 security. 32 B. Reserved. 33 C. Reserved. 34 D. Reserved. 35 E. Cemeteries.The division of land into cemetery lots or parcels shall be exempt from the 36 requirements and procedures for preliminary subdivision plats and improvement plans; 37 provided, however, nothing contained herein shall exempt such division of land into 38 cemetery lots or parcels from the requirements and procedures for final subdivision 39 plats and,where required subdivision improvements are contemplated,the posting of 40 subdivision performance security;and provided,further,that such division of land into 41 cemetery lots or parcels shall be subject to and comply with the requirements and 42 procedures for site development plans as set forth in the Administrative Code and 43 1,4+nder Chapter 10,and shall obtain site development plan approval for the entire 44 property proposed for such division of land into cemetery lots or parcels. 45 F. Eminent domain or operation of law.The division of land which could be created by any 46 court in this state pursuant to the law of eminent domain,or by operation of law, or by 47 order of any court,shall be exempt from this section; if and only if the County Manager 48 or designee and the County Attorney are given timely written notice of any such pending 49 action and given the opportunity to signify that the county be joined as a party in interest 50 in such proceeding for the purpose of raising the issue of whether or not such action 51 would circumvent or otherwise avoid the purposes or provisions of this section, i.e.,the I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 subdivision regulations, prior to the entry of any court order;and, if and only if an 2 appropriate pleading is not filed on behalf of the County within 20 days after receipt of 3 such notice. However, if a pleading is filed on behalf of the county within 20 days after 4 receipt of such notice,such division of land created by the court shall not be exempt 5 from this section. 6 G. Oil,gas, and mineral rights.The division of land which creates an interest or interests in 7 oil,gas, or minerals which are now or hereafter severed from the surface ownership of 8 real property shall be exempt from this section. 9 H. Prior subdivision.All division of land occurring prior to the effective date of this LDC 10 and conforming to the purposes of this section,shall be exempt from this section; 11 provided, however,that any property so divided which is resubdivided or further divided 12 on or after January 10, 1989,shall not be exempt from this section. For 13 agricultural/residential subdivisions within the rural area of Collier County as defined 14 herein, refer to LDC section 4.03.04;Also see"lot of record"in Chapter 1. 15 I. The division of property,occurring prior to July 15, 1998,meeting the definition of rural 16 subdivision shall not require the subdivider to record a final plat nor comply with the 17 subdivision regulations provided in LDC section 4.03.00. Nor shall the division of 18 property occurring after July 15, 1998,in the rural area require the property owner to 19 record a final plat nor comply with the subdivision regulations provided in LDC section 20 4.03.00, if the property so divided has been the subject of a rezoning hearing by the 21 BCC within the 24 month period preceding July 15, 1998.The subdivision of properties 22 occurring after July 15, 1998 shall not be exempt from platting and filing a preliminary 23 subdivision plat(PSP). However,the applicability of all required subdivision 24 improvements and standards as set forth in section LDC 4.03.00, required 25 improvements,of this LDC shall be determined by the County Manager or designee on a 26 case by case basis.The applicant,through the preliminary subdivision plat(PSP) 27 process may request waivers from certain"required improvements".The subdivider and 28 purchaser of property meeting definition(a)of rural subdivision shall comply with 29 section 4.03.03 of this LDC.The division of property not meeting the definition of rural 30 subdivision is required to comply with all requirements of section 4.03.00. 31 J.I Rural area subdivision requirements.[ Comment[e1s34]:Relocated from 10.02.02 B 32 1. Deeds and other conveyances.All deeds and other conveyances for properties t0 33 shall include in ten-point type the following statement:"NO GOVERNMENTAL 34 AGENCY, INCLUDING COLLIER COUNTY,SHALL EVER BE RESPONSIBLE 35 FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 36 DRIVES, ROADS,STREETS, EASEMENTS OR RIGHTS-OF-WAY PROVIDING 37 INGRESS AND EGRESS TO THE PROPERTY HEREIN CONVEYED." 38 2. Building permits for rural subdivisions. Building permits will not be issued until 39 the final subdivision plat is recorded. 40 3. Access agreement.The owner of property applying for a building permit shall 41 execute a release and waiver agreement which shall be executed and recorded 42 at the applicant's expense in the official records of Collier County.The release 43 and waiver agreement shall be in a form approved by the county attorney or 44 designee, and shall include,at a minimum,the following provisions and a copy of 45 the recorded agreement submitted with the property owner's building permit 46 application: 47 a. Identification of the property by legal description and tax parcel folio 48 number: 49 b. Description of the means of access to the subject property and the 50 physical condition of that access, 25 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. A statement recognizing that the access rights are personal rights 2 between the grantor and grantee and the county's approval of the use of 3 the accessway in no way implies that the use is permitted; 4 d. A statement confirming that the maintenance and upkeep of such means 5 of access shall be the perpetual responsibility of the individual(s)or other 6 entity holding rights to such means of access: 7 e. A statement confirming that any development order issued by Collier 8 County proposing utilization of such means of access shall contain a 9 specific disclaimer from Collier County relating to the county's obligation 10 for the present or future maintenance or upkeep of such means of 11 access: 12 f. A statement of release holding Collier County harmless in perpetuity for 13 maintenance of such means of access; 14 g. Description of the extent and specifications for improvements to the 15 means of access being proposed by the applicant; 16 h. Description of the utilities, including,for example,water.sewer, 17 telephone,electricity,which shall service the property as required by 18 Collier County Ordinance fNo.1 89-06(Code ch.22,art.VIII,known as the 19 Collier County Standard Housing Code,or its successor in function: 20 i. A statement of the applicant's intent to arrange for, have installed and 21 pay for provision of such utilities as are required by law; 22 j. A statement of release holding Collier County harmless in perpetuity for 23 maintenance of such utilities; 24 k. An acknowledgment that the Department of Economic Opportunity(DEO) Comment[C35]:Updated name of agency 25 may review and appeal any development order issued by Collier County throughout the section. 26 within the Big Cypress Area of Critical State Concern.Also,confirmation 27 that the applicant will execute,prior to issuance of any development 28 order by Collier County,a statement of understanding of the DEO review 29 requirements in the form approved by the DEO; and 30 I. A statement that permits from all state and federal agencies have been 31 obtained or applied for,including copies of said applications.The 32 responsibility to determine if such permits are necessary is solely the 33 responsibility of the applicant. 34 4K. Chokoloskee Island.The division of property of Chokoloskee Island shall not require the 35 subdivider to record a final plat nor comply with the subdivision regulations provided in 36 LDC section 4.03.00.The subdivider and purchaser of the property shall comply with the 37 regulations provided in LDC section 4.03.03.The division of property not on 38 Chokoloskee Island is required to comply with all requirements to section 4.03.00.All 39 parcels of land existing on Chokoloskee Island as of October 30, 1991,and identified in 40 the property appraiser's official records,which do not conform to the minimum lot area 41 and lot width requirements of the overlying zoning district shall be considered 42 conforming lots.Any subdivision of land on Chokoloskee Island occurring after 43 October 30, 1991,shall comply with the minimum lot area and width requirements for 44 the overlying zoning district in effect at the time the land is subdivided.In any case, 45 except as described above,the minimum applicable development standards set forth in 46 the LDC shall apply, unless a variance therefrom is obtained. 47 1. Chokoloskee Island subdivision requirements. Comment(C36]:Relocated from 10.02.02 48 a. Deeds and other conveyances.All deeds and other conveyances for B.11. 49 properties hereafter on Chokoloskee Island shall include in bold-faced 50 type the following statement:"NO GOVERNMENTAL AGENCY, 51 INCLUDING COLLIER COUNTY,SHALL EVER BE RESPONSIBLE FOR I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE 2 DRIVES, ROADS,STREETS, EASEMENTS OR RIGHTS-OF-WAY 3 PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN 4 CONVEYED."Failure to include this information in a deed shall not affect 5 the conveyance of property. 6 b. Building permits for Chokoloskee Island. Prior to the issuance of a 7 building permit for any property on Chokoloskee Island, the owner of the 8 property applying for the building permit must provide verification that he 9 or she has an existing means of access to the property and the existing 10 means of access to such property must be improved to the standards 11 established by this subsection. Said access may be: 12 i. Dustless surface a minimum of 20 feet in width; 13 ii. Asphalt paved road a minimum of 18 feet in width:or 14 iii. Limerock surface a minimum of 20 feet in width. 15 c. Access agreement.The owner of property applying for a building permit 16 shall execute a release and waiver agreement which shall be executed 17 and recorded at the applicant's expense in the official records of Collier 18 County.The release and waiver agreement shall be in a form approved 19 by the county attorney or his designee,and shall include, at a minimum, 20 the following provisions and a copy of the recorded agreement submitted 21 with the property owner's building permit application: 22 i. Identification of the property by legal description and tax parcel 23 folio number 24 ii. Description of the means of access to the subiect property and 25 the physical condition of that access; 26 iii. A statement recognizing that the access rights are personal rights 27 between the grantor and grantee and the county's approval of the 28 use of the accessway in no way implies that the use is permitted; 29 iv. A statement confirming that the maintenance and upkeep of such 30 means of access shall be the perpetual responsibility of the 31 individual(s)or other entity holding rights to such means of 32 access: 33 v. A statement confirming that any development order issued by 34 Collier County proposing utilization of such means of access shall 35 contain a specific disclaimer from Collier County relating to the 36 county's obligation for the present or future maintenance or 37 upkeep of such means of access; 38 vi. A statement of release holding Collier County harmless in 39 perpetuity for maintenance of such means of access; 40 vii. Description of the extent and specifications for improvements to 41 the means of access being proposed by the applicant; 42 viii. Description of the utilities, including,for example,water,sewers 43 telephone,electricity,which shall service the property as required 44 by Collier County Ordinance No.89-06,known as the Collier 45 County Standard Housing Code,or its successor in function; 46 ix. A statement of the applicant's intent to arrange for, have installed 47 and pay for provision of such utilities as are required by law; 48 x. A statement of release holding Collier County harmless in 49 perpetuity for maintenance of such utilities; 50 xi. A statement that permits from all state and federal agencies have 51 been obtained or applied for,including copies of said permits I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 applications.The responsibility to determine if such permits are 2 necessary is solely the responsibility of the applicant. 3 d. Golden Gate Estates lot divisions.When a 5 acre parcel in Golden Gate 4 Estates is subdivided into 2 lots,where 1 of the lots is not on the existing 5 right-of-way,the owner may create an access easement to and through 6 the parcel which is not on the right-of-way.The easement must be at 7 least 20 feet in width, and extend at least 150 feet into the otherwise 8 landlocked lot.The easement shall provide for access to the lot,and 9 satisfy the frontage requirement. 10 # # # # # # # # # # # # # 11 Administrative Code/LDC Amendment Overview Admin Code Ch.5 A Lot Split and B. Lot Line Adjustment Section and Title: LDC Notice Section N/A LDC Section: 4.03.04 • Relocating language from LDC section10.02.02 B.8(10.02.02 will be relocated/deleted in entirety)to existing lot line adjustment section 4.03.04. • Consolidating all lots line adjustment language, located in LDC sections, 10.02.02 B.8 and 4.03.03. • Consolidating all lot split language, located in 10.02.04 B.5.i and 10.02.02 B.12 to 4.03.04. Revised: 6/6/13 CC 12 4.03.04 Lot Line Adjustment and Lot Split 13 14 A. Lot Line Adiustment.An adjustment of a lot line between contiguous lots or parcels 15 which may be platted or unplatted and which are under separate ownership or the same 16 ownership shall be exempt from this section if all of the following conditions are met.The 17 Administrative Code shall establish the procedures and submittal requirements for 18 obtaining a lot line adjustment. Procedures for demonstration of compliance with the 19 following conditions arc cet forth in Chapter 10.The lot line adjustment shall be 20 recorded with the Clerk of Courts within 12 months of approval by the County Manager 21 or designee. Comment[C37]:New language.Note:Only 22 A---1. It is demonstrated that the request is to correct an engineering or surveying error one way to do a Lot Line Adjustment is through 23 in a recorded plat or is to permit an insubstantial boundary change between adjacent the a deed with the Clerk ofCourts 24 parcels;and 25 B. 2. Both landowners whose lot lines are being adjusted provide written consent to 26 the lot line adjustment;and 27 C. 3. Instrument(s)evidencing the lot line adjustment shall be filed in the official 28 records of Collier County, Florida, upon approval,and shall indicate that the result of the 29 lot line adjustment will meet the standards of,and conforms to,the requirements of this 30 LDC,including the dimensional requirements of the zoning district and the subdivision 31 in which the lots are located. However,in cases of an existing nonconforming lot of 32 record,the adjustment shall not increase the nonconformity of the lot;and 33 O. 4. It is demonstrated that the lot line adjustment will not affect the development 34 rights or permitted density or intensity of use of the affected lots by providing the omment[ed bet From 10.02.04 B.S.i. Changes noted below. 35 opportunity to create a new lot(s)for resale or development. 36 B. Lot Split.All lots must have frontage on a public or private right-of-wayl,with the Comment[C39]:Da nlowing language"...private rigghted ht-of-wway iaseateFFIRaase 37 exception of 1 division of a single platted lot or otherwise established lot of record in with the exception of 1 division... o I:\Admin Code 2012\Current Work'Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 the Rural Agricultural or Estates zoning district into 2 dots'.Any such lot-split may utilize Comment[C40]:Deleted the following 2 an access easement to satisfy access,and frontage requirements for the lot which language:"...2 lots, 3 would not otherwise have street frontage. 4.146-484e, 4 1. The width of such access easement may not be less than twelve(12)feet and 5 may be required to be wider at the discretion of Collier County staff,to 6 accommodate safe access and turning movements,stormwater drainage pipes 7 and the like. 8 2. The number of access points to a public right-of-way shall not be increased as 9 a result of the lot split, if, in the opinion of the county staff,safe and sufficient 10 access may be accomplished with fewer access points than existed prior to the 11 proposed lot split. 12 3. The access easement will create a front yard for setback purposes for all lots 13 abutting the access easement. In cases where access is presently provided by 14 an access easement to existing lots of record in any zoning district which are 15 not part of a recorded or unrecorded subdivision,this easement will serve to 16 satisfy access and frontage requirements for those lots,and yards abutting 17 the easement will be considered front yards for setback purposes. 18 4. Application.The further split or division of a lot, parcel,or any lot of record into Comment[C41]:From 10.02.02 B.12. 19 2 proposed parcels must be reviewed and approved by the County prior to any Moved the following to the Admin Code: Applicants for such lot splits are required to 20 subsequent development orders or development permits Issued or approved. submit a survey of the property to be split 21 a. The Administrative Code shall establish the procedures and submittal depicting all existing lot dimensions,all 22 requirements for obtaining a lot split. proposed"new"lot lines,all easements of record on the subject property,and the present 23 b. Appropriate access to the resulting parcels from the public road network zoning and land use classification of the subject 24 shall be demonstrated,and where necessary,may require appropriate property,as well as all pertinent yard or ^ 25 easements for ioint or cross access to be recorded before an approved setback regulations and proposed access to all resulting parcels. 26 lot split becomes effective. — < 27 d. Only lot split requests meeting the applicable land development omment[C42]:Replacing`must [C42]: 28 regulations, specifically including the minimum lot area and lot 29 dimensions for the existing zoning district, may be approved, but do not 30 become effective until evidence of the County approved lot split is also 31 provided to the Property Appraiser or Clerk of Courts for their 32 consideration and record-keeping, as may be applicable. 33 # # # # # # # # # # # # # 34 Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section N/A LDC Changes: 4.05.04: • Relocating LDC provision 10.02.03 B.1.xv.to LDC section 4.05.04 because it was in the list of SDP submittal requirements and it is a parking standard which is a LDC requirement. • Modified name to reflect intent of the provision. • Added language for clarity,as noted. 4.05.07: • Duplicated provision in the PUD design requirement section 4.07.02 for consistency. Revised: 6/5/13 CC 35 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 4.05.04 Parking Space Requirements 2 * * * * * * * * * * * * * 3 D. Required off-street parking shall be located so that no automotive vehicle when parked 4 shall have any portion of such vehicle overhanging or encroaching on public right-of- 5 way or the property of another. If necessary,wheel stops or barriers may be required in 6 order to enforce this provision. 7 1. Residential off-street parking. Driveways must be at least 23 feet in length, 8 measured from the back of the sidewalk to the garage,to allow room to park a 9 vehicle on the driveway without parking over the sidewalk. Should the garage 10 be side-loaded there must be at least a 23-foot paved area on a perpendicular 11 line to the garage door or plans must ensure that parked vehicles will not 12 interfere with pedestrian traffic by providing equivalent space.; Comment[c43]:Criteria.Moved from 13 # # # # # # # # # # # # # 10.02.03 B.1.i.xv.which was the list of submittal 14 requirements in the SDP section.Duplicated in 4 07.02 for PUDs 15 4.07.02 Design Requirements Comment[C44]:New language 16 F. Off-street parking and off-street loading requirements shall be as for comparable type, Perpendicular line'and by providing 17 density and intensity of uses established in the PUD. No parking spaces on or within equivalent space° 18 any public or private road or travelway shall be counted in fulfilling the required number 19 of spaces. Landscaping for vehicular areas shall be as established in LDC section 20 4.06.00 21 11. Residential off-street parking. Driveways must be at least 23 feet in length, 22 measured from the back of the sidewalk to the garage,to allow room to park a 23 vehicle on the driveway without parking over the sidewalk. Should the garage 24 be side-loaded there must be at least a 23-foot paved area on a perpendicular 25 line to the garage door or plans must ensure that parked vehicles will not _ 26 interfere with pedestrian traffic by providing equivalent space. 1 Comment[c45]:Criteria.Moved from 27 # # # # # # # # # # # # # 10.02.03 B.1.i.xv.which was the list of submittal 28 i requirements in the SDP section.Duplicated in 4.05.04 for regular development. Comment[C46]:New language: "Perpendicular line"and"by providing equivalent space" I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 5.Supplemental Standards 2 Administrative Code Reference Admin Code Ch. 3 B Boat Dock(Boathouse Establishment, Dock Facility Extension, Section and Title: Boat Lift Canopy) LDC Notice Section 10.03.06 G. LDC Changes: 5.03.06 • Added language to section 5.03.06 to reference Admin.Code and updated cross references. Revision: 6/5/13 CC 3 5.03.06 Dock Facilities 4 H. Dock facility_extension.Additional protrusion of a dock facility into any waterway 5 beyond the limits established in LDC subsection 5.03.06 E.of this Codc may be 6 considered appropriate under certain circumstances. In order for the Planning 7 Commission to approve the boat dock extension request, it must be determined that at 8 least 4 of the 5 primary criteria,and at least 4 of the 6 secondary criteria,have been met. 9 These criteria are as follows: 10 * * ., 11 I. Procedures for approval of docks,dock facilities,and boathouses. 12 1. The Administrative Code shall establish the procedures and submittal 13 requirements Proccdurcc for the issuance of permits for docks, dock facilities, 14 and boathouses. Notice procedures are provided in LDC section 10.03.06 15 Chaptcr 10 of this LDC. 16 2. All dock facilities are subject to,and shall comply with,all federal and state 17 requirements and permits,including,but not limited,to the requirements and 18 permits of the DEP,the U.S.Army Corps of Engineers,and the U.S. 19 Environmental Protection Agency. 20 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC 21 section 5.03.06 of this LDC,with the exception that protrusions for nonresidential 22 dock facilities beyond the specified limits shall be determined administratively 23 by the County Manager or designee at the time of site development plan 24 review, based on an evaluation of the criteria in LDC subsection 5.03.06 H.jG-ef [Comment(C47]:Corrected cross reference 1 25 this LDC. 26 # # # # # # # # # # # # # 27 Administrative Code Reference Admin Code Ch.4 L Temporary Permits Section and Title: LDC Notice N/A Section: LDC Section: 5:04.01 • Relocating temporary permit language from 10.02.06 G.6-9 to 5.04.01 C-F in order to consolidate the temporary permit provisions. Revision: 6/5/13 CC 28 29 5.04.01 Temporary Use Permits 30 A. Purpose and intent. Based upon the nature of some uses,their impact on adjacent 31 uses,their compatibility with surrounding properties, and the length of time a use is 32 intended to function,there is an identified need to allow certain temporary uses within a 31 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 development site,and to provide for other types of temporary uses such as special 2 events,sales and promotions. It is the intent of this section to classify temporary uses 3 and to provide for their permitting. 4 B. General.The County Manager or designee may grant a temporary use permit for 5 requests that demonstrate compliance with the intent of this section and Chapter 5 of the 6 LDCGede.Approvals for such requests shall be based upon, but not limited to,the 7 applicant's description of the temporary use,the intended duration of the use, hours of 8 operation and the impacts of the proposed temporary use on adjacent properties. __ 9 C. Indemnification.The applicant shall be required to indemnify and hold harmless Collier Comment[C413]:5.04.01 c,D,E,F from 10 County, its officers,agents and employees from and against all claims,suits, actions, 10.02.02 Temporary Permit section.No 11 damages, liabilities, expenditures or causes of action arising out of or occurring during language changes. 12 the activities of applicant under a permit issued hereupon in the form and manner 13 provided by the County Manager or designee. 14 D. Cancellations and postponements. 15 1. If a permitted event is canceled or postponed,the applicant shall furnish Collier 16 County with written notification of such cancellation or postponement and the 17 reason(s)for same. It is understood that weather conditions may cause last 18 minute cancellations: however,the applicant shall make every effort to notify the 19 county staff prior to the scheduled commencement of said event. If the event is to 20 be re-scheduled, notice of the date and time of the rescheduled event shall be 21 provided. 22 2. If a permitted event is postponed,the permit will be amended to reflect the 23 rescheduled event dates and a copy will be provided to the applicant prior to the 24 event. 25 3. If an event is cancelled and the County is notified prior to the initially proposed 26 commencement date the number of days used will not count towards the 27 maximum number of authorized days afforded for events by the LDC. 28 E. Suspension or revocation. Failure to comply with the terms and conditions of the 29 temporary use permit,once issued,shall be grounds for immediate suspension of the 30 permitted activity until such time as the noncompliance is remedied.A permit may be 31 revoked,without refund,for established public safety and welfare issues.The 32 suspension or revocation shall be initially communicated verbally,followed by a written 33 suspension or revocation order.The continued failure to comply with the terms and 34 conditions of a previously suspended permit may result in the revocation of said permit. 35 F. Violations.The failure to obtain a required Temporary Use Permit, and/or the failure to 36 cease activities authorized by such a temporary use permit, including the removal of any 37 displays,structures, merchandise,equipment, signs or banners authorized by said 38 permit, upon expiration,suspension, or revocation shall establish a violation of the LDC 39 and shall be subiect to the penalties established within the LDC. 40 # # # # # # # # # # # # # 41 Administrative Code Reference Admin Code Ch.4 J.1-7 Temporary Permits Chapter/Section: LDC Notice N/A Section: LDC Changes: 5.04.05: • Added language to section 5.04.05 to reference Admin.Code Revision: 6/5/13 CC I:1Admin Code 20121Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 5.04.05 Temporary Events 2 A. Special Events 3 1. Sales and Promotional Events 4 a. A temporary use permit is required for temporary sales and/or 5 promotional events on non-residential property,such as grand openings, 6 going out of business sales,special promotional sales,sidewalk sales, 7 overstock sales,tent sales,or other similar uses for sales and 8 promotional events related to the principal activities in operation at the 9 subject property, unless otherwise provided for in this section. 10 b. The Administrative Code shall establish the procedural requirements for a 11 A temporary use permit for sales or promotional events,chal e 12 procedural requirements of Section 10.02.06 G 13 # # # # # # # # # # # # # 14 Administrative Code/LDC Amendment Overview Admin Code Section Ch.4 L.4-Film Permit and Title: LDC Notice Section: N/A LDC Changes: 5.04.08: • Relocating film permit section 10.02.06 G.10 to section 5.04.08 to consolidate all temporary use permits in LDC chapter 5. Revision: 6/5/13 CC 15 16 5.04.08[R e s e n t e d]Film Permit omment(c49]:From 10.0Z06 G 10. fl 17 A. Film Permit Required.A permit shall be required for the following activities taking place, 18 in conjunction with commercial motion picture,film,television,video or still photography 19 production:the use of set scenery,temporary structures or other apparatus,special 20 effects,or closure of public streets or accessways.The LDC shall not apply to bona fide 21 newspaper, press association,newsreel or television news media personnel, nor to 22 properties that have been zoned to allow motion picture/television filming as a permitted 23 use. 24 B. Procedural Requirements.The Administrative Code shall establish the application 25 requirements and review procedures for a Film Permit. 26 C. Insurance requirements.The applicant shall maintain in force at all times during the 27 permit period, a comprehensive general liability policy with limits other than those 28 described in the Administrative Code as determined by the risk management director Comment(0501:Previously"G 3 b.ii.and 29 upon a review of the particular circumstances involved. Said applicant shall provide to above of this Code as determined by the risk 30 the County Manager or designee a certificate of insurance as evidenced that said management..."rrt but the This twas to reference was incorrect but the intent was to reference 31 insurance is in existence and certifying that Collier County is named insured, and that G.10.b.ii.and b.iii.which were submittal regs 32 Collier County be given 30 days'notice prior to the expiration or cancellation of the and are now in the Admin Code_ 33 policy.Any additional insurance requirements for filming on private property will be at the 34 discretion of the affected property owner. 35 D. Indemnification.The applicant shall be required to indemnify and hold harmless Collier 36 County, its officers,agents and employees from and against all claims,suits,actions, 37 damages, liabilities,expenditures or causes of action arising out of or occurring during 38 the activities of applicant under a permit issued hereupon in the form and manner 39 provided by the County Manager or designee. 40 E. Permit fee. No permit fee shall be required.Any additional license or user fees which 41 have been established for county-owned land or facilities shall be in effect. I:Wdmin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM ice. Text underlined is new text to be added. Bold text indicates a defined term 1 F. Issuance of Permit. Upon presentation of the completed application,proof of insurance, 2 payment of permit fee,surety bond or cash payment in lieu of the bond and review by 3 the County Manager or designee,the permit may be issued. If the County Manager or 4 designee determines that the use of public or private property could affect the public's 5 use of the property,or have potential adverse impacts on surrounding properties,then 6 the County Manager or designee may require that thepermit application be scheduled (Comment[C51]:Replacing-he/she* 1 7 for a public hearing before the Board of County Commissioners.The special 8 circumstances could include,but are not limited to,closure of a public street or 9 accessway: use of special effects, including incendiary or explosive devices: a large 10 production crew or crowd control:and increased liability insurance required.The notice 11 for the public hearing shall be advertised in a newspaper of general circulation in the 12 county at least 1 time 15 days prior to the hearing. 13 G. Suspension of permit. Failure to comply with the terms and conditions of the temporary 14 use permit once issued shall be grounds for immediate suspension of the permitted 15 activity until such time as the noncompliance is remedied.The suspension shall be 16 initially communicated verbally,followed by a written suspension order:and continued 17 failure to comply with the terms and conditions of the permit may result in revocation of 18 the permit. 19 H. Costs for extraordinary services.The County shall recover direct costs for extraordinary 20 services rendered in connection with a production.Such costs shall include, but not be 21 limited to,charges for personnel and/or equipment committed in support of the 22 production which are outside the normal scope of government services. Based on the 23 information contained in the permit application,an estimate of these costs will be 24 provided to the applicant prior to issuance of this permit.The County may require 25 prepayment of all or a portion of these estimated costs prior to issuance of the permit.At 26 the conclusion of the production, actual costs below or in excess of the estimates will be 27 refunded by the County or paid by the applicant, respectively. 28 I. Surety bond.A surety bond in an amount to be determined by Collier County and issued 29 by a company authorized to issue bonds in Florida or cash payment in lieu of the bond 30 may be required by the County Manager or designee to provide for cleanup and/or 31 restoration of the subject site(s). 32 33 # # # # # # # # # # # # # Administrative Code/LDC Amendment Overview Admin Code Section Ch.6. E Alcohol Distance Waiver and Title: LDC Notice Section: N/A LDC Changes: 5.05.01: • Added language LDC section 5.04.08 to reference Admin. Code Revision: 6/5/13 CC 34 35 5.05.01 Businesses Serving Alcoholic Beverages 36 A. Sale of alcoholic beverages.The County Manager or designee;may authorize the sale 37 of alcoholic beverages for consumption on-site,subject to compliance with all zoning 38 restrictions and the following locational criteria: 39 * * * * 40 5. The procedures for approval of a site for the sale of alcoholic beverages are set 41 forth in Chapter 10 and the Administrative Code. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 6. The BZA may, by resolution,grant a waiver of part or all of the minimum distance 2 requirement set forth herein if it is demonstrated by the applicant and 3 determined by the BZA that the site proposed for the sale and consumption of 4 alcoholic beverages is separated from an established business whose primary 5 function is the sale of alcoholic beverages for consumption on-site,from the 6 school,child care center,public library,church,public park or public 7 playground by natural or manmade boundaries,structures, or other features 8 which offset or limit the necessity for such minimum distance requirement.The 9 BZA's decision to waive part or all of the distance requirement shall be based 10 upon the following factors: 11 a. The nature and type of natural or manmade boundary,structure,or other 12 feature lying between the proposed establishment and an existing school, 13 child care center,public library,church,public park,or public 14 playground which is determined by the BZA to lessen the need for the 15 total 500-foot distance requirement.Such boundary,structure,or other 16 feature may include,but is not limited to, lakes,marshes, nondevelopable 17 wetlands,designated preserve areas,canals,and major rights-of-way. 18 b. The paths of vehicular and pedestrian traffic which could be taken 19 between the alcoholic beverage establishment and the school,child care 20 center,public library,church, public park, or public playground. 21 c. The hours of operation and the noise and light which could potentially be 22 generated from the premises selling alcoholic beverages. 23 d. The Administrative Code shall establish the submittal requirements and 24 pProcedures for the waiver of distance requirements,arc cot forth in 25 Chapter 10. 26 # # # # # # # # # # # # # 27 Administrative Code/LDC Amendment Overview Admin Code Ch.6 G Automobile Service Station Waiver Chapter/Section: LDC Notice 10.03.06 S Section: LDC Changes: 5.05.05: • Relocating similar language from 9.04.07 and 5.05.05 E to 5.05.05 B. • 5.05.05 E.1 contained similar language to 9.04.07 in the variance chapter. However,this process is for a distance waiver, not a variance. • The provisions for the waiver were under 5.05.05 E, however,this section identifies the requirements for service stations located adjacent to residentially zoned or residentially developed properties. • 5.05.05 B identifies the required distance from adjacent automobile service stations. Revision: 6/5/13 CC 28 29 5.05.05 Automobile Service Stations 30 A. The purpose of this section is to ensure that automobile service stations do not 31 adversely impact adjacent land uses,especially residential land uses.The high levels of 32 traffic,glare, and intensity of use associated with service stations, particularly those 33 open twenty four(24)hours,may be incompatible with surrounding uses,especially I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 residential uses.Therefore,in the interest of protecting the health,safety, and general 2 welfare of the public,the following regulations shall apply to the location, layout, 3 drainage,operation, landscaping, parking, and permitted sales and service activities of 4 automobile service stations. 5 B. Table of site design requirements: 6 1. The BZA may, by resolution,grant a waiver of part or all of the minimum Comment[C52]:Relocating Wavier section 1 7 separation requirements set forth herein if it is demonstrated by the applicant from 9.04.07.Minimal changes.B.1-B.3 I 8 and determined by the BZA that the site proposed for development of an 9 automobile service station is separated from another automobile service 10 station by natural or man-made boundaries,structures,or other features which 11 offset or limit the necessity for such minimum distance requirements.The BZA's 12 decision to waive part or all of the distance requirements shall be based upon the 13 following factors: 14 a. Whether the nature and type of natural or manmade boundary,structure, 15 or other feature lying between the proposed establishment and an 16 existing automobile service station is determined by the BZA to lessen 17 the impact of the proposed service station. Such boundary,structure,or 18 other feature may include,but is not limited to, lakes.marshes, 19 nondevelopable wetlands,designated preserve areas,canals,and a 20 minimum of a 4 lane arterial or collector right-of-way. 21 b. Whether the automobile service station is only engaged in the servicing 22 of automobiles during regular,daytime business hours,or, if in addition to 23 or in lieu of servicing,the station sells food,gasoline,and other 24 convenience items during daytime, nighttime,or on a 24 hour basis. 25 c. Whether the service station is located within a shopping center primarily 26 accessed by a driveway, or if it fronts on and is accessed directly from a 27 platted road right-of-way. 28 d. Whether the granting of the distance waiver will have an adverse impact 29 on adiacent land uses, especially residential land uses. 30 2. The Administrative Code shall establish the submittal requirements for an 31 automobile service station waiver request.The request for an automobile 32 service station waiver shall be based on the submittal of the required 33 application, a site plan,and a written market study analysis which iustifies a need 34 for the additional automobile service station in the desired location. 35 3. Additional conditions. The BZA shall have the right to add additional conditions or 36 requirements to its approval of a distance waiver request in order to insure 37 compatibility of the automobile service station with the surrounding area and 38 the goals and obiectives of the GMP. 39 Site Standards Comment[C53]:Existing table Minimum lot area(sq.ft.) 30,000 Minimum lot width(ft.) 150 Minimum lot depth(ft.) 180 Separation from adjacent 500 automobile service stations (ft.)(based on distance between nearest points) Minimum setbacks,all 50 structures: 40 Front yard 40 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. • Bold text indicates a defined term Side yard Rear yard 1 * * * 2 E. Automobile service station sites shall be separated from adjacent residentially zoned 3 or residentially developed properties by an architecturally designed 64 463 foot high 4 masonry wall or fence utilizing materials similar in color, module,and texture to those 5 utilized for the building. Landscaping shall be planted on the residential side of the 6 fence or wall. 7 1. The BZA may,by resolution,grant a waiver of part or all of the minimum 8 separation requirements set forth herein if it is demonstrated by thc applicant 9 and determined by thc BZA that the cite proposed for development of an 10 11 12 offset or limit the necessity for such minimum distance requirements.The BZA'c 13 decision to waive part or all of the distance requirements shall be based upon thc 14 following factors: 15 a. Whether the nature and type of natural or manmade boundary,structure, 16 or other f aturc lying between the proposed establishment and an 17 existing automobile service station is determined by the BZA to Icsen 18 the impact of the proposed service station. Such boundary, structure,or 19 other f aturc may include,but is not limited to, lakes, marshes, 20 nondevelopable wetlands, designated preserve areas,canals, and a 21 minimum of a four(1)lane arterial or collector right of way. 22 b. Whether the automobile service station is only engaged in the servicing 23 of automobiles during regular,daytime business hours,or, if in addition to 24 or in lieu of servicing,the station sells food,gasoline,and other 25 convenience items during daytime, nighttime, or on a twenty four(21) 26 hour basis. 27 c. Whether the service station is located within a shopping center primarily 28 accessed by a driveway, or if it fronts on and is accessed directly from a 29 platted road right of way. 30 d. Whether the granting of the distance waiver will have an adverse impact 31 on adjacent land uses,especially residential land uses. Comment[C54]:Conflict corrected.5.05.05 32 * * * * * * * * * * * * E.1 contained similar language to existing 33 O. Procedural requirements are set forth in Chapter 10. section s.oa.o7-variances. 34 PO. Exceptions: Moved existing language in 9.04.07 to B.1 35 # # # # # # # # # # # # # because it is a waiver,not a variance.9.04.07 is 36 more complete than 5.05.05 E.1 Administrative Code/LDC Amendment Overview Admin Code Ch.4A.Architectural Plans Section and Title: LDC Notice Section: N/A LDC Notes: 5.05.08: • Reorganized 5.05.08 C.to accommodate Admin.Code provisions. • Added language to reference Admin.Code and submittal requirements. Revision: 6/6/13 CC 37 37 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 5.05.08 Architectural and Site Design Standards 2 * * * * * * * * * * * * * 3 C. Building Design Standards. 4 * * * * * * * * * * * * * 5 5. Project Standards. 6 a. An applicant must submit architectural drawings and a site development 7 plan or site improvement plan according to LDC Ssection 10.02.03 Site 8 and the Administrative Code to comply with 9 this LDC section 5.05.08.Architectural drawings must be signed and 10 sealed by a licensed Architect who is responsible for preparing the 11 drawings, and who is registered in the state of Florida as set forth in F.S. 12 Chapter 481.' -' .- -:- : :: - Comment ] elocatedfrom 50508 13 : : ::: : - _ b 1 14 rendering or elevation,color paint chips,and roof color paint chip(s)or - 15 sample. Comment[C56]:Moved to Admin Code i 16 b. Architectural drawings must be signed and sealed by the licensed 17 18 19 Statutes. Comment[C57]:Relocated above in 5.05.08 20 * * * * * * * * * * * * * C.5.a 21 E. Site Design Standards.Compliance with the standards set forth in this section must be 22 demonstrated by submittal of architectural drawings and a site development plan in 23 accordance with the Administrative Code and LDC Section 10.02.03,Sio lepment 24 Plans of this Code. 25 * * * * * * * * * * * * * 26 F. Deviations and Alternate Compliance.The following alternative compliance process is 27 established to allow deviations from the requirements of this Section as approved by 28 the County Manager or-iris designee. 29 1. Review and approval procedure. Upon request by the applicant,the County 30 Manager or)is designee may administratively approve a Site aad Development 31 Plan application that includes an alternative architectural design and site 32 development plan that may be substituted in whole or in part for a plan meeting 33 the standards of gsection 5.05.08.Approved deviations are allowed only as to 34 the specific design and plan reviewed.Any modification to an approved design 35 shall necessitate re-review and approval by the County Manager or Iris designee. 36 2. Review criteria.In approving an alternative plan,the County Manager orris 37 designee must find that the proposed alternative plan accomplishes the purpose 38 and intent of this Ssection,.• •- _ •- • _ -- . -- : _ " _ -_ :. Ifthe 39 plan is approved through this sectionprovision,the Ssite development Pplan 40 approval letter shall specifically note the deviations and the basis for their 41 approval. 42 3. The Administrative Code shall establish the Ssubmittal requirements for the 43 Deviations and Alternate Compliance process.In addition to the base submittal 44 •- 45 d. Architectural design plan and/or site development plan clearly labeled as 46 - - 47 -- - 48 odd. 49 b. A narrative statement that specifically identifies all standards of Section 50 ._ 51 - I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 # # # # # # # # # # # # [Comment[C58]:Moved to the Admin Code # 4 Administrative Code/LDC Amendment Overview Admin Code Section Ch.4 J.-Sign Permit and Title: LDC Notice Section: N/A LDC Changes: 5.06.02 B: • Relocated language from section 5.06.11 -Permit Application and Review Process to 5.06.02. B.1.g.The majority of the Permit Application and Review Process section was moved to the Admin.Code but the LDC requirement needed to be relocated. 5.06.04 C: • Relocated language from section 5.06.11 -Permit Application and Review Process to 5.06.04 C.10.As noted above,the LDC requirement needed to be retained and relocated in the LDC. • Relocated revised and updated language to be retained in the LDC from 5.06.11 A.4.g.to 5.06.04 F.4.g 5.06.11: • Reorganized LDC section 5.06.011 to include Admin Code references.Noted the removal of submittal requirements and relocation standards to sections 5.06.02 and 5.06.04. Revision: 6/5/13 CC 5 6 5.06.02 Development Standards for Signs within Residential Districts 7 8 B. Applicability.Signs within residential zoning districts,and in designated residential 9 portions of PUD zoned properties shall be permitted as provided for in this section. 10 1. Development standards. 11 a. Maximum allowable height.All signs within residential zoning districts, 12 and as applicable to designated residential portions of PUD zoned 13 properties,are limited to a maximum height of 8 feet,or as otherwise 14 provided within the LDCthis-Cede. Height shall be measured from the 15 lowest centerline grade of the nearest public or private right-of-way or 16 easement to the uppermost portion of the sign structure. 17 b. Minimum setback.All signs within residential zoning districts and as 18 applicable to designated residential portions of PUD zoned properties 19 shall be located no closer than 10 ten feet from the property line, unless 20 otherwise noted below or as provided for in LDC section 9.03.07-sf-the 21 1 DG.When a property line encompasses a portion of the roadway,then 22 the setback shall be no less than 10 feet from the edge of the roadway, 23 paved surface or back of the curb, as applicable,unless otherwise 24 provided for in this section. 39 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. If the applicant is not the property owner,then a copy of a notarized 2 authorization letter between the property owner or property manager and 3 the applicant is required,specifically authorizing approval of the erection 4 of a sign on the subject parcel. 5 d. Double-faced signs shall be measured by only one side if both sides are 6 the same. 7 e. The use of fluorescent colors on signs is prohibited. 8 f. The permit number shall be displayed or affixed at the base of the sign 9 structure and shall have the same life expectancy as the sign. Such 10 permit number shall be clearly legible to a person standing 5 feet in front 11 of the base of the sign and, in no case, shall the permit number be less 12 than%inch in size. 13 0. For any ground sign over 32 so.feet or over 8 feet in height,construction 14 drawings shall be certified by a Florida registered engineer or a Florida 15 registered architect.The construction drawings shall contain the plans 16 and specifications,the method of construction,and the method of 17 attachment to the building or the ground for pole skins and all proiectinq 18 Signs. Comment[C59]:Language relocated from 19 # # # #20 5.06.04 Development Stan # # # # # # # # 5.06.11 4.f p Standards for Si A. Signs in Nonresidential Districts --. 21 . * * * * * * * * * * * * 22 C. Development standards. 23 * * * * * * * * * * * * 24 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit 25 or clearing permit has been issued,with the exception of real estate signs which 26 may be allowed on parcels less than 10 acres. 27 10. For any ground sign over 32 sq.feet or over 8 feet in height,construction 28 drawings shall be certified by a Florida registered engineer or a Florida registered 29 architect.The construction drawings shall contain the plans and specifications, 30 the method of construction,and the method of attachment to the building or the _ 31 ground for pole skins and all projecting signs.1 Comment[C60]:Language relocated from 32 * * * * * * . . * * . * . 5.06.11 A.4.f 33 F. On-premise signs.On-premises pole signs,ground signs, projecting signs,wall signs, 34 and mansard signs shall be allowed in all nonresidential zoning districts subject to the 35 restrictions below: 36 * * * * * * * * * * * * * 37 4. Wall,mansard,canopy or awning signs.One wall,mansard,canopy or awning 38 sign shall be permitted for each single-occupancy parcel, or for each unit in a 39 multiple-occupancy parcel. End units within shopping centers and multiple- 40 occupancy parcels,or single occupancy parcels where there is double frontage 41 on a public right-of-way,shall be allowed 2 signs, but such signs shall not be 42 placed on one wall. Retail businesses with a floor area of larger than 25,000 43 square feet and a front wall length of more than 200 linear feet,are allowed 3 44 wall signs; however, the combined area of those signs shall not exceed the 45 maximum allowable display area for signs by the LDCthis Cod°. 46 p. Wall signs, or any separate part thereof,which is to be affixed to a wall 47 shall be fastened flush with the surface with fasteners which shall have 48 the capacity to carry the full load of the sign or separate part thereof 49 under wind load conditions of the approved Collier County Building Code 50 Ordinance[Code,$22-106 et seal, Flood Ordinance[Code ch.62.art. 51 Ill,and the Coastal Building Zone Ordinance[Code ch.22,art.VIlli.Any I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. and intent relocated to the Administrative Codo or revised Bold text indicates a defined term 1 such sign or separate part thereof which is not mounted flush with the 2 surface and which weighs more than 20 pounds shall have a Florida 3 registered engineer design the mounting or fastening system and depict 4 the system on signed and sealed drawings which shall accompany the 5 permit application.', Comment[C61]:Language relocated from 6 # # # # # # # # # # # # # :5.06.11 A.4.g.Language updated/revised for 7 5.06.11 Permit Application and Review Process for Skins clarify. 8 A. Building Permit applications for signs. 9 1. General.Any person who wishes to construct, install, rebuild, reconstruct, 10 relocate,alter,or change the message of any sign shall apply for and receive a 11 building permit in accordance with Collier County Ordinances and the Florida 12 Building Code as adopted by Collier County prior to the commencement of any 13 work.A building permit will be issued by the County Manager or designee, 14 provided that all permit requirements of the LDCGede and all other applicable 15 provisions of the Collier County ordinances and regulations have been met. 16 2. Process.The Administrative Code shall establish the application requirements 17 and review process for sign permits.All drawings,plans,and specifications for 18 pole signs,projecting signs,and any ground sign over 32 square feet or over 8 19 feet in height must be submitted and certified by a Florida registered design 20 professional. Comment[C62]:Language relocated from 21 13. Expiration of permit.Building permits shall expire and become null and void if 5.06.11 A.4.f 22 the work authorized by such permit is not commenced and inspected within six 23 months from the date of issuance of the permit. Comment[C63]:Relocated from below,A 5 24 24. Permit fees.A building permit fee shall be collected pursuant to the fee 25 schedule set forth by resolution. 26 3. Form. Every application for a building permit shall be i 27 '- - 28 4. Application contents.lln order to obtain a permit to erect,place construct, install, Comment[C64]:Prior 5.06.11 A.4 thru 4.e 29 rebuild, reconstruct, relocate,alter or change the sign graphics/message of any moved to Admin Code 30 sign under the provision of this Code,an applicant shall submit a complete 31 32 complete description of the proposed sign including: 33 a. The name, address and telephone number of the:(a)owner and lessee of 34 the sign and(b)sign contractor or erector of the sign. 35 b. The legal description and the street address of the property upon which 36 the sign is to be erected. 37 c. The dimensions of the sign including height. 38 d. The graphics/message to be placed on the sign face. 39 c. Other information required in the permit application forms provided by the 40 County Manager or designee; including two copies of the site plan, 41 dimensioned elevation drawings of the proposed sign and identification of 42 the type, height, area and location of all existing pole signs,ground signs 43 and directory signs on the subject parcel. 44 1. Two drawings,certified by a Florida registered engineer or a Florida 45 registered architect,of the plans and specifications and method of 46 construction and attachment to the building or the ground for all polo 47 48 over 8 feet in height. 1 Comment[C65]:Language relocated to 49 g. Wall signs,or any separate part thereof,which is to be affixed to a wall 1506 02 B 1 g and 5 06 04 C.10 for consistency. 50 shall be fastened flush with the surface with fasteners which shall have [Comment[C66]:5 06.11 A.4.g language 51 the capacity to carry the full load of the sign or separate part thereof revised and relocated to 5.06.04 F.4.g I: dmin Code 2012 Current Workdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 e e -e: =_ --- e a _ . - . , 3 4 5 6 7 the system on signed and sealed drawings which shall accompany the 8 permit application. 9 #1. If the sign or sign graphics/message is to be illuminated or electronically 10 operated,the technical means by which this is to be accomplished.'', (Comment[C67]:Admin Code. 11 i. The permit number shall be displayed or affixed at the base of the sign 12 - 13 14 15 --• :• •_• :- (Comment[C68]:Admin Code. 16 5. Expiration of permit.Building permits shall expire and become null and void if — — 17 18 months from the date of issuance of the permit. Comment[C69]:5.66.11 A 5 relocated above 19 '._. •-...' •:: r__'_ - - - .. !to5.06.11A.3 20 e '__ 'e. .. __. - •- :: - •- _-- mmen .06.11 B moved to the 21 0 :--- --:._ _ Admin�Code.. -1 22 proposed sign.The County Manager or designee shall grant or deny the permit 23 - 24 sufficient. 25 C. Issuance or Denial of Permit Comment[cx]:5.06.11 c moved to the 26 1. The County Manager or designee shall issue the permit if it is determined that Admin Code. 27 -- __a•-- - ---• -- -_ ements contained in this sign ordinance and it is 28 29 code adopted by Collier County. 30 2. The County Manager or designee shall deny the permit if it is determined that 31 32 _ - - 33 34 ..- 35 36 DB. Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals. 37 1. Within 30 days of the date of the written denial,the applicant denial sent by 38 certified mail return receipt requested by the County Manager or designee,the 39 applicant,may appeal the permit denial to the bBuilding bBoard of 40 aAdjustments. 41 2. A request for appeal shall be filed in writing.Such request shall state the basis 42 for the appeal and shall include any pertinent information,exhibits,and other 43 backup information in support of the appeal.A fee for the application and 44 processing of an appeal shall be established at a rate set by the Board of County 45 Commissioners from time to time and shall be charged to and paid by the 46 applicant.The bBuilding bBoard of aAdjustments and aAppeals,shall hold an 47 advertised public hearing on the appeal and shall consider the denial of the 48 County Manager or designee or!sbief building official,whichever is applicable, (Comment[C72]:COA change j 49 3. Time limitations on appeals.The Board of Zoning Adjustment and the Building Board of 50 Adjustments and Appeals shall make their decision on an appeal within 60 days after a 51 request for an appeal has been filed in writing.Any appeal that has not been acted upon I:Admin Code 2012)Current Work\Admin Code LDC Amendment f r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 by the applicant within 6 months of the applicant filing the appeal will be determined to 2 be withdrawn and cancelled unless extended by the BCC. Further review and action on 3 the appeal will require a new application subject to the then current LDCeede. 4 # # # # # # # # # # # # # 5 I:\Admin Code 2012\Current WorlMdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 6.Infrastructure Improvements and Adequate Public Facilities Requirements 2 Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.01.02: • Relocating language from 10.02.04 B.1 to 6.01.02,where had originally been established. • The protected/preserve area and easement was located in the plat and plans sections which are to be rewritten.The protected/preserve area and easement section needed to be relocated to a standards LDC section rather than a process oriented section. Revision: 6/5/13 CC 3 4 6.01.02 Easements 5 6 If applicable,easements shall be provided along lot lines or along the alignment of the 7 improvements requiring easements in accordance with all design requirements so as to provide 8 for proper access to,and construction and maintenance of,the improvements.All such 9 easements shall be properly identified on the preliminary subdivision plat and dedicated on 10 the final subdivision plat. 11 A. Utility easements. 12 13 B. Drainage easements. 14 15 C. Protected/preserve area and easements. For provisions related to protected/preserve 16 area and casements,ccc section 10.02.0,1 B.1.of this Codc.A nonexclusive easement 17 or tract in favor of Collier County.without any maintenance obligation,shall be provided 18 for all"protected/preserve"areas required to be designated on the preliminary and final 19 subdivision plats or only on the final subdivision plat if the applicant chooses not to 20 submit the optional preliminary subdivision plat.Any buildable lot or parcel subiect to 21 or abutting a protected/preserve area required to be designated on the preliminary and 22 final subdivision plats,or only on the final subdivision plat if the applicant chooses 23 not to submit the optional preliminary subdivision plat,shall have a minimum setback 24 as required by the LDC,or other setback that may be approved as a deviation through 25 the PUD approval process by the Board of County Commissioners from the boundary of 26 such protected/preserve area in which no principle structure may be constructed.The 27 required preserve principal structure setback line and the accessory structure 28 setback lines shall be clearly indicated and labeled on the final plat where applicable. 29 Further,the preliminary and final subdivision plats,or only on the final subdivision plat 30 if the applicant chooses not to submit the optional preliminary subdivision plat,shall 31 require that no alteration, including accessory structures,fill placement,grading,plant 32 alteration or removal,or similar activity shall be permitted within such setback area 33 without the prior written consent of the County Manager or his designee: provided,in no 34 event shall these activities be permitted in such setback area within ten feet of the 35 protected/preserve area boundary.Additional regulations regarding preserve setbacks I.\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 and buffers are located in Chapters 4 and 10,and shall be applicable for all preserves, 2 regardless if they are platted or simply identified by recorded conservation easement. 3 The boundaries of all required easements shall be dimensioned on the final 4 subdivision plat. Required protected/preserve areas shall be identified as separate 5 tracts or easements having access to them from a platted right-of-way. No individual 6 residential or commercial lot or parcel lines may proiect into them when platted as a 7 tract. If the protected/preserve area is determined to be jurisdictional in nature, 8 verification must be provided which documents the approval of the boundary limits from 9 the appropriate local,state or federal agencies having jurisdiction and when applicable 10 pursuant to the requirements and provisions of the growth management plan.All 11 required easements or tracts for protected/preserve areas shall be dedicated and also 12 establish the permitted uses for said easement(s)and/or tracts on the final subdivision 13 plat to Collier County without the responsibility for maintenance and/or to a property 14 owners'association or similar entity with maintenance responsibilities.An applicant who 15 wishes to set aside,dedicate or grant additional protected preserve areas not otherwise 16 required to be designated on the preliminary subdivision plat and final subdivision 17 plats,or only on the final subdivision plat if the applicant chooses not to submit the 18 optional preliminary subdivision plat,may do so by grant or dedication without being 19 bound by the provisions of this section. Comment[C73]:Relocated from 10.02.04 B.1 1 20 # # # # # # # # # # # # # -No changes. J 21 Administrative Code/LDC Amendment Overview Admin Code Section Ch.7 C Soil Erosion and Sediment Control Plan and Title: LDC Notice Section: N/A LDC Changes: 6.01.05: • Relocating language from LDC section 10.02.02 A(10.02.02 will be relocated/deleted in entirety)to new LDC section 6.01.05. • This section follows LDC sections 6.01.03 Soils and 6.01.04 Removal of Exotic Plants Required,which are all requirements for subdivisions/developments. Revision: 6/5/13 CC 22 23 5 Soil Erosion and Sediment Control Plan Comment[C74]:updated section references 24 A. Soil Erosion and Sediment Control Plan. For new and existing development and and relocated from 10.02.02 25 construction approved pursuant to the provisions of LDC sections 10.02.03, 10.02.04 26 and 10.02.05,a soil erosion and sediment control plan shall be prepared and submitted 27 for approval with the required construction documents for each proposed project as 28 prescribed by objective 5.4 and policy 5.4.1 of the Conservation and Coastal l 29 J Management Element of the Collier County Growth Management Plan. Comment[c75]:Updated. 30 1. Application.The Administrative Code shall establish the procedure and submittal , 5.4.2 thru 5.4.4 no longer exist 31 requirements fora Soil Erosion and Sediment Control Plan. (Comment[C76]:New language 32 # # # # # # # # # # # # # 33 I1Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code Reference Admin Code Section Ch.4 C 1-2 Certificate of Public Facility Adequacy(COA) and Title: LDC Notice Section: N/A LDC Changes: 6.02.01: • Updated section references. • Added language to reference Admin. Code Revision: 6/5/13 CC 1 2 6.02.01 Generally 3 4 A. This section is intended to implement and be consistent with the GMP,§163.3161 et 5 seq., F.S.,and the Florida Administrative Code,by ensuring that all development in the 6 County is served by adequate public facilities.This objective is accomplished by the 7 following: 8 1. Establishing a management and monitoring system to evaluate and coordinate 9 the timing and provision of the necessary public facilities to serve development. 10 2. Establishing a regulatory program that ensures that each public facility is 11 available to serve development concurrent with the impacts of development on 12 the public facilities. 13 3. No approval of the final subdivision plat, improvement plans, or authorization to 14 proceed with construction activities in compliance with the same shall require the 15 County to issue a development order or building permit if it can be shown that 16 issuance of said development order or building permit will result in a reduction 17 in the level of service for any public facility below the level of service 18 established in the GMP, or if issuance of said development order or building 19 permit is inconsistent with the GMP.Anything in this section to the contrary 20 notwithstanding,all subdivision and development shall comply with the Collier 21 County requirements for adequate public facilities. 22 B. Procedures for determinations of vested rights for adequate public facilities are set forth 23 in Chapter 91-0. 24 C. Procedures for applications for certificates of public facility adequacy are set forth in the 25 Administrative Code and LDC section 10.02.07Chaptcr 10. 26 27 # # # # # # # # # # # # # Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.02.03: • Relocating language from 10.02.07 C.4.g to 6.02.03. • 10.02.07 C identifies the certificate of adequate public facility requirements and the section was completely rewritten. • The proportionate share provisions are more appropriately located in the transportation provision. Revision: 6/5/13 CC 28 Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 6.02.03 Transportation Level of Service Requirements 2 A. All developments that impact the traffic network shall be evaluated in accordance with 3 the Traffic Impact Study(TIS)Guidelines and Procedures. 4 B. The analysis shall show the impact on the proposed internal streets of the subdivision 5 or development and existing externally affected streets.The analysis shall be used to 6 determine the street classification,width and number of traffic lanes internal to the 7 development,and any requirements for off-site(external)improvements on the existing 8 street system per the GMP. 9 . . . . . * * * * * * . 10 HI. Proportionate Share Payments. Proportionate share payments may be used to (Comment[C77]:Relocated from prior 11 mitigate the impacts of a development on a deficient roadway link by more than a de 10.02.07 c 4 g. 12 minimis amount within a Transportation Concurrence Management Area in which 85 13 percent of the north-south lane miles and 85 percent of the east-west lane miles are 14 operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of 15 the Comprehensive Plan Transportation Element. 16 1. However, no impact will be de minimis if it exceeds the adopted level-of-service 17 standard of any affected designated hurricane evacuation routes within a TCMA. 18 Hurricane routes in Collier County are shown on Map TR7 of the Transportation 19 Element.Any impact to a hurricane evacuation route operating below the 20 adopted LOS within a TCMA shall require a proportionate share payment 21 provided the remaining LOS requirements of the TCMA are maintained. 22 Proportionate share payments under this section are determined subsequent to 23 a finding of concurrence for a proposed proiect within a TCMA and do not 24 influence the concurrence determination process. Development of an individual 25 single-family residence will not be required to contribute or make a 26 proportionate share payment under this section. 27 a. The proportionate share of the cost of improvements of such deficient 28 roadways is calculated according to the following formula: 29 Proiect trips impacting deficient link/SV increase X cost=proportionate 30 share. 31 i. Project trips=Cumulative number of the trips from the proposed 32 development expected to reach the roadway during the peak 33 hour from the complete buildout of a stage or phase being 34 approved. 35 ii. SV increase=The change in peak hour maximum service volume 36 of the roadway resulting from construction of the improvement 37 necessary to maintain the adopted level of service. 38 iii. Cost=Cost of construction, at the time of developer payment,of 39 an improvement necessary to maintain the adopted level of 40 service. Construction cost includes all improvement associated 41 costs, including engineering design, right-of-way acquisition, 42 planning,engineering, inspection,and other associated physical 43 development costs directly required and associated with the 44 construction of the improvement. 45 b. The cost for a deficient roadway link shall be established using a typical 46 "lane mile cost"of adding lanes to a roadway having a similar area 47 type/facility type as determined by the Collier County Transportation 48 Administrator. 49 # # # # # # # # # # # # # 50 I:1Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 6.04.03 Fire Hydrants 2 3 A. All hydrants shall be connected to water systems having sufficient storage or emergency Comment[C78]:Amended in consultation 4 - ••-.•• - - ._ .. . .. .. with the Office of the Fire Official 5 ._ . 6 7 8 designee pursuant to Chapter 10. 9 B. Hydrants shall be installed and placed in a manner complying with the requirements set 10 forth in the latest edition of NFPA No. 24 entitled,"Standard for the Installation of Private 11 Fire Service Mains and Their Appurtenances,"published by the National Fire Protection 12 Association. Hydrants to be installed within subdivided lots for fire protection purposes 13 14 Chapter 10.Those installations shall be in compliance with the standards set forth in the 15 latest edition of NFPA 1111 entitled,"Standard for Fire Protection in Planned building 16 Croups." 17 18 more than 10 dwelling units per acre,fire hydrants shall be spaced not greater 19 than 500 feet apart and not more than 250 feet from the center of any lot in the 20 subdivision and shall be connected to mains no less than six(6)inches in 21 diameter.The system shall provide capacity for water flows of at least 500 22 gallons per minute or greater,as required by the Fire Suppression Rating 23 Schedule of the Insurance Services Office, in addition to maximum day domestic 24 requirements at residual pressures of not less than twenty(20)pounds per 25 square inch,unless otherwise required by the applicable fire code. 26 2. Commercial, industrial,and multifamily developments. Fire hydrants located in 27 = ._ 28 •• 29 = 30 spacing and size shall be capable of providing water flows adequate to meet the 31 32 Office.In no case shall the flow be Iess than 750 gallons per minute with the 33 residual pressure of twenty(20)pounds per square inch at the most remote point 34 of discharge. 35 A. 3-Fire hydrants shall be provided at no cost to the County in all subdivisions and 36 developments.In all cases,fire hydrants shall be provided and spaced in the manner 37 prescribed by the design requirements of this section. 38 B. All subdivisions and development shall comply with the Florida Fire Prevention Code 39 (FFPC). 40 # # # # # # # # # # # # # 41 49 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 6.05.01 • Relocating language from Code of Laws Section 2, Administrative Code to 6.05.01. • Code of Laws Section 2,Administrative Code will be repealed and replace with the 2013 Administrative Code. • Due to dated language,updates and modifications to the provisions were made as noted below. Revision: 6/5/13 CC 1 2 6.05.01 Water Management Requirements 3 4 A complete stormwater management system shall be provided for all areas within the 5 subdivision or development, including lots,streets,and alleys. 6 A. The system design shall meet the applicable provisions of the current County codes and 7 ordinances,SFWMD rules and regulations pursuant to Florida Statutes,and the Florida 8 Administrative Code,and any other affected state and federal agencies'rules and 9 regulations in effect at the time of preliminary subdivision plat submission.Water 10 management areas will be required to be maintained in perpetuity according to the 11 approved plans.Water management areas not maintained will be corrected according to 12 approved plans within 30 days. 'Comment[C79]:From Code of Laws 16.a.ii 1 13 B. Where stormwater runoff from outside the subdivision or development historically Watermanagement areas.No changes. 14 passes on,over,or through areas of the subdivision or development,such runoff shall 15 be included in the stormwater system design.The system shall be designed for long life, 16 low cost maintenance by normal methods and provide for optimal on-site detention of 17 stormwater runoff and groundwater recharge in accordance with applicable County and 18 SFWMD regulations. 19 * * * :* 20 H. Street gradesl.Street grades must be determined in relation to the drainage facilities Comment[C80]:From COL 13.n.Street 21 for the subdivision and must not exceed four percent nor be less than 0.3 percent, grades.No changes. 22 unless otherwise approved by the County Manager or designee pursuant to section 23 10.02.04 of the LDC.Street grades must be shown on the development plans by 24 direction and percent of fall on the road profiles. [ [C81]:From COL 16.b.Rainfall and 25 I. Rainfall and runoff criteria.'The system must be designed for"design floods"resulting runoff criteria.No changes. 26 from rain storms and antecedent conditions for all system components in accordance Comment[C82]:From COL 16.b.ii Runoff 27 with current Collier County and South Florida Water Management District criteria. coefficients.No changes 28 1. Runoff coefficients. Existing land usage will be considered for the selection of (Comment[C83]:From COL 16.b.i.Lakes. 29 proper runoff coefficients within the drainage basins involved,whether within the Changes: Lakes.Artificial lakes and retention basins 30 subdivision or development or not. proposed as part of a stormwater retention 31 2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater I system for on-site water management must be 32 retention system for on-site water management must be designed and other �designed ands g other ordinances or 33 ordinances or regulations of Collier County, state or region.All lakes will be set ,regulations of Collier County,state or region 34 back from abutting roadways or intersections pursuant to the design standards 35 established in sections 22-106 through 22-119 of the Code of Laws and .All lakes will be set back from 36 Ordinances. 1 abutting roadways or intersections pursuant to the design standards established in sections 22- '.. i 106 through 22-119 of the Code of Laws and I Ordinances. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 J. Stormwater outfalls.Stormwater runoff must be conducted to positive outfalls that can be Comment[C841:From COL 16.c Stormwater 2 permanently maintained,practicably and legally. Outfalls to existing waterways, canals, outfalls.No changes. 3 preserve or conservation areas, lakes or storm sewers will be acceptable provided it can 4 be demonstrated through a professional engineering study to the County Manager or 5 designee that such receiving systems have adequate capacity to receive the proposed 6 quantity and quality of the additional flow. 7 1. Side ditches or swales along public or private roads shall not be accepted as Comment[C85]:From COL 16.c.i side 8 suitable positive outfalls except as may be specifically accepted under the ditches or swales.No changes. 9 provisions of the LDC by the County Manager or designee and by the Florida 10 Department of Transportation, if applicable.The storage of stormwater runoff in 11 other existing or proposed ditches or swales within a public or private right-of- 12 way will be permitted for volume storage when approved under South Florida 13 Water Management District design criteria,but will not be utilized to satisfy the 14 stormwater storage(quality)requirements of a development's master water 15 management system. 16 :K. Major waterway. Improvement or establishment of maior waterways and canals will be Comment[C86]:From COL 16.d Major 17 developed in full accord with applicable stormwater management criteria. Engineering waterway.No changes. 18 data,criteria,and suitable calculations shall be submitted to the County Manager or 19 designee prior to approval of construction plans. 20 1. Roadways over major waterways Will be structures approved by the County - Comment[C87]:From COL 16.d.i.Roadways] 21 Manager or designee,sized to maintain flow capacity,designed to assure long ,over major waterways.No substantive changes. 22 life and minimal maintenance.Construction must meet all current Florida 23 Department of Transportation Standard Specifications for Road and Bridge 24 Construction, as amended,unless otherwise approved by the County Manager or (Comment[C88]:New language j '^ 25 designee pursuant to section 10.02.04 of the LDC. - 26 L. Outfall ditches and open channelsl. Unless otherwise approved by the County Manager r Comment[C89]:From COL 16.e Outfall 27 or designee pursuant to section 10.02.04 of the LDC,side slopes no steeper than four to ditches and open channels. No changes. J 28 one will be allowed. Protection against scour and erosion will be provided as required by 29 the County Manager or designee. 30 NI. Roadside swales.I [Comment[C90]:From COL 16f.i-iii. J 31 1. Design.'In the interest of preserving the existing natural roundwater levels, g Comment[C91]:From COL 16 f i No 32 roadways will not be designed so as to cause the significant lowering of the water changes 33 levels existing in the area prior to development. Roadside swales and ditches 34 may be permitted within street rights-of-way where the use of roadside swales 35 can be iustified to the County Manager or designee through a written report 36 prepared by the applicant's professional engineer.Swales,where permissible, 37 will have side slopes no steeper than four to one and they will not be utilized to 38 satisfy the stormwater quality(volume)requirements of a project's master water 39 management system.Where flow velocities in excess of four feet per second are 40 anticipated, urban right-of-way sections will be required. 41 2. Erosion protection.All unpaved areas within the permanent right-of-way must comment[C92]:From COL 16.f.ii.Changes 42 be provided with permanent erosion protection,such as native vegetation or noted. 43 turf.Swale ditches shall be sodded a lateral distance extending from the road 44 pavement to the top of the swale ditch backslopel.Where valley guttered sections comment[C93]:Change per staff:Swale 45 are used for drainageways,turf protection must be placed from the edge of the ditches shall be sodded, ed-eroeeded-a lateral distance extending from the road 46 gutter to the outer limits of the right-of-way. If seeding is utilized,then mulching pavement to the top of the swale ditch 47 in accordance with the Florida Department of Transportation standards will be backslope 48 required.Additionally, if seeding and mulching are utilized,then a strip of sod one 49 foot wide will be placed along the face of the pavement or curb section and over 50 the invert of any approved swale section within the runoff flowway.All swales l:\Hdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 subject to erosion velocities will have adequate erosion protection in the form of 2 riprap or other applicable like methods. 3 3. Driveways across swale ditched. Driveways across permitted swale ditches (Comment[C94]:From COL 16.f.iii.No 4 must have placed beneath them drainage pipes of adequate size and type changes. 5 approved by the County Manager or designee, based on the capacity 6 requirements calculated by the applicants professional engineer for the 7 developments master water management system. 8 N. Street drainage.Street drainage within the road right-of-way through grassed swales comment[C95]:From COL 16.g.No 9 will be permitted for rural cross sections only except where velocities in excess of four changes. 10 feet per second are anticipated.The flow from these swales or other types of drainage 11 facilities will be diverted to natural percolation areas,artificial seepage basins or 12 artificial lakes of at least sufficient capacity to comply with the criteria of Collier County 13 and the South Florida Water Management District.Other equally effective methods of 14 returning cleansed waters to the aquifer will be acceptable upon prior review and 15 approval by the County Manager or designee. 16 I. Existing natural lakes'inlay be used as detention areas provided that they have ;Comment[C96]:From COL 16.g.i.No— 17 adequate storage capacity and that pretreatment measures approved by the changes. J 18 County Manager or designee are taken to prevent pollutant matter from entering 19 the lake. Positive outfall drainage facilities will be provided away from all 20 percolation areas,seepage basins,detention areas and artificial lakes to handle 21 the runoff from storms which exceed the required design storm event in duration 22 and/or severity. 23 0. Percolation areas.The actual area required will depend on the percolation rate for the Comment[C97]:From COL 16.Changes as 24 soils at the specific site and the manner in which the site is developed in accordance [Comment below. . 25 with Collier County and South Florida Water Management District Icriteria.. Comment[C981:change per staff: 26 1. Underground drainage.Where drainage plans provide for,or it is so directed by Percolation areas.The actual area required will depend on the percolation rate for the soils at 27 the County Manager or designee, the collection of stormwater in underground the specific site and the manner in which the 28 pipes, inlets and other appurtenances for conveyance to an intermediate or site is developed in accordance with Collier 29 ultimate outfall,the following minimum design criteria will be observed: county and south Florida Water Management District criteria. 30 a. The minimum pipe used within a publicly maintained stormwater i 31 collection system will be 15 inches in diameter. 32 b. Inlets will be spaced at such intervals and in such a manner to allow for 33 the acceptance of 100 percent of the ten-year,one-hour storm runoff. --- --- -_- 34 c. The distance between terminating and intermediate structures must not comment[c99]:From COL 16.h i 35 exceed those required by the Florida Department of Transportation, -- 36 pursuant to Florida Department of Transportation Drainage Manual, 37 Volumes 1-4(1987 edition or latest revision). 38 d. The stormwater, underground collection system,must be so designed 39 that the elevation of the hydraulic gradient during a ten-year,one-hour 40 storm event is never higher than the crown elevation of any publicly 41 maintained roadway in the system. 42 e. The pipes must be designed to minimize sediment deposits. 43 f. The pipe materials must meet the requirements set forth in sections 943- 44 948 inclusive of the current edition of the Florida Department of 45 Transportation Standard Specifications for Road and Bridge Construction. 46 Only concrete pipe or other pipe materials approved by the County 47 Manager or designee may be used in tidal or salt waters. 48 q. All drainage pipes must be fitted with headwalls,endwalls, inlets and 49 other appropriate terminating and intermediate structures. Comment[C100]:From COL 16.h.i(i)-(vii)No 50 P. Stormwater disposal.The method of ultimate disposal of stormwaters will be dependent changes 51 upon the soil characteristic underlying the development or subdivision.All stormwaters (comment(Clout From COL 16.No changes I:\Admin Code 2012 Current Work\.Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 will be subjected to treatment for the removal of petroleum residues, oils,suspended 2 solids and other pollutants found in stormwater runoff.The method of treatment will be 3 determined by the applicant's professional engineer responsible for the preparation of 4 the stormwater management plans and specifications, and will be subiect to the approval 5 of the County Manager or designee and the concerned state agencies. 6 # # # # # # # # # # # # # 7 Administrative Code/LDC Amendment Overview. Admin Code N/A Section and Title: LDC Notice N/A Section: LDC Changes: 6.06.01: • Relocating language from Code of Laws Section 2,Administrative Code to 6.06.01. • Code of Laws Section 2,Administrative Code will be repealed and replace with the 2013 Administrative Code. Comment[C102]:From COL 13.g.No Due to dated language, updates and modifications to the provisions were changes made as noted below. Comment[C103]:From COL 13.h. • Change per staff: Revision: 6/5/13 CC h. Intersection radii.Street intersections will be provided with a minimum of a 25- 8 foot radius(edge of pavement)for local or 9 6.06.01 Street System Requirements cul-de-sac streel� 10 * * * * * * * * * * * * * etreete.If two local or cul-de-sac streets 11 S. Curbs/valley gutter.All streets must be provided with valley gutter or curbs to provide for intersect at less than 90 degrees,a radius of greater than 30 feet may be required. 12 drainage.Curbs will be required at street intersections and for those areas requiring Intersection right-of-way lines must be 13 additional vehicular protection.All required intersection curbs must extend ten feet provided with no less than a 25-foot radius,or as approved by the county 14 beyond the radius. manager or designee. 15 T. Intersection radii.(Street intersections will be provided with a minimum of a 25-foot �m111e1��cioa]:From COL 13.1.ix. l es as noted 16 radius(edge of pavement)for local or cul-de-sac streets. If two local or cul-de-sac Changes below. J 17 streets intersect at less than 90 degrees,a radius of greater than 30 feet may be (comment[cios]:Changes per staff: 18 required. Intersection right-of-way lines must be provided with no less than a 25-foot ix..Signs.The developer must provide and 19 radius, or as approved by the county manager or designee. install traffic control signs,street name and 20 U. Signs.'The developer must provide and install traffic control signs,street name and speed limit signs.All signs must be of noncorrosive,reflective material construction or 21 speed limit signs.All signs must be of noncorrosive, reflective material construction or of of a type approved by the county manager or 22 a type approved by the County Manager or designee.One double-sided street name his designee.One double-sided street name sign of standard design as prescribed by current 23 sign of standard design as prescribed by current county standards will be provided at county standards will be provided at each 24 each intersection for each named street unless otherwise approved by the County intersection for each named street unless 25 Manager or designee pursuant to LDC section 10.02.04. All skins shall be in accordance otherwise approved by the county manager or his designee pursuant to section 10.02.04 of the 26 with the Manual of Uniform Traffic Control Devices(MUTCD), unless approved through Land Development Code.A•street cign"ill Fie 27 the PUD deviation process.All signs must be designated on the construction plans prior 28 to their approval by the County Manager or designee. r__ _ ___ 29 # # # # # # # # # # # # # 30 . All signs shall be in accordance with the Manual of Uniform Traffic Control Devices(MUTCD).unless approved through the PUD deviation process.All signs must be designated on the construction plans prior to their approval by the county manager or his designee. I:\Admin Code 2012\Current Work Admin Code LDC Amendment fo \ r CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Section N/A and Title: LDC Notice Section: N/A LDC Changes: 6.06.02: • Relocating language from 10.02.03 B.1.i.v(only the second sentence)to 6.06.02 A.7. • Relocating Images 1 and 2 from 10.02.03 B.1.i.v and 10.02.03 B.1.vito 6.06.02 A.7. • Relocating language from 10.02.03 B.1.i.vi to 6.06.02 A.B. • Relocating language from 10.02.03 B.1.i.v(located below Illustration 2)to 6.06.02 A.9. • The language being relocated was included in the SDP submittal requirements in 10.02.03 B.The submittal requirements are being moved to the Admin.Code and the requirements need to be relocated in the appropriate sections. Revision: 6/5/13 CC 1 2 6.06.02 Sidewalks,Bike Lane and Pathway Requirements 3 4 A. All developments must construct sidewalks, bike lanes, and pathways, as described 5 below: 6 7 6. All bicycle lanes must also have signage and be marked in accordance with the 8 latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. 9 7. Sidewalks and bike paths at intersections shall continue to the edge of curb as 10 depicted by Illustrations 1 and 2. Comment[C106]: From 10.02.03 B.1.i.v.No changes. M. MFQ/s.rr ifs Comment[C107] From 10.0203 B.1.i.v.No JJ l changes. Vomor PP TIPS ,.1:1 �- 11 12 Illustration 1 I:Wdmin Code 20121Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FtNAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Comment[CM]:From 10.02.03 B.1.i.vi.No 1 C4/116 iI 1 3 II,changes. ., JLf ' I v�►r.�w„lam Illy l lit' lnl I rNis 1 2 Illustration 2 3 4 8. Two curb ramps shall be provided for sidewalks and bike paths at each street 5 corner of an intersection.Curb ramps shall be a minimum of 36 inches in width 6 and shall not rise at a ratio greater than as outlined by the Florida accessibility 7 code for building construction. 8 9. Crosswalks shall be required at any intersection where the distance to the 9 nearest crosswalk is greater than 1,000 feet. 10 # # # # # # # # # # # # # 11 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Chapter 9. Variations from Code Requirements 2 Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice Section: N/A LDC Changes: 9.02.06: • Updating the cross reference to 10.03.05 and creating a self containing provision,similar to the other vested rights sections. Revision: 6/6/13 CC 3 4 9.02.06-Required Notices for Vested Rights Determination Process,Including Public 5 Hearings 6 A. Within fifteen(15)days of the date of receipt by the county of a completed application for 7 a vested rights determination,the landowner must provide notice of the submission of 8 the application by:a} 9 la. 9Prominently loosting on the property for which the vested rights determination is Comment[C109]:This section previously 10 sought a sign advising of the substance of the claim of vested rights.The skin referenced an invalid/out of date public notice 11 shall be posted at least 15 days prior to the date of the public hearing by the cross rihts reference.For ns,all of with itee other vested rights sections,all of the notice 12 planning commission.The skin to be posted shall contain substantially the procedures intended to be included by cross 13 following format. reference have been included 14 i. Public Hearing for Vested Rights Determination: 15 To Permit: (sufficiently clear to describe the proiect) 16 Date: 17 Time: 18 To be held in the Commissioners Meeting Room,Administration Building, 19 County Government Center, 3299 Tamiami Trail East, Naples, Florida 20 b. The area of the skins shall be as follows: 21 i. For properties less than one acre in size,the sign shall measure at least 22 on and one half square feet in area. 23 ii. For properties 1 acre or more in size,the sign shall measure at least 32 24 square feet in area. 25 c. In the case of signs located on properties less than one acre in size,the skin 26 shall be erected by the County Manager or designee in full view of the public on 27 each street side of the subiect property.Where the property for which approval is 28 sought is landlocked or for some other reason the signs cannot be posted 29 directly on the subiect property,then the skin or skins shall be erected along the 30 nearest street right-of-way,with an attached notation indicating generally the 31 distance and direction to the subject property. 32 d. In the case of signs located on properties one acre or more in size,the 33 applicant shall be responsible for erecting the required sign(s).A skin shall be 34 erected in full view of the public on each street upon which the subject property 35 has frontage.Where the subiect property is landlocked, or for some other reason 36 the signs cannot be posted directly on the subiect property,then the sign or 37 signs shall be erected along the nearest street right-of-way,with an attached 38 notation indicating generally the distance and direction to the subject property. 39 There shall be at least one skin on each external boundary which fronts upon a 40 street, however, in the case of external boundaries along a street with greater 41 frontages than 1,320 linear feet,signs shall be placed equidistant from one 42 another with a maximum spacing of 1,000 linear feet,except that in no case shall I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 the number of signs along the exterior boundary fronting on a street exceed for 2 signs.The applicant shall provide evidence to the County Manager or designee 3 that the siqn(s)were erected by furnishing photographs of the sign(s)showing 4 the date of their erection at least ten days prior to the scheduled public hearing 5 by the planning commission,whichever has jurisdiction.The skins shall remain 6 in place until the date of either the following occurrences: 1)Final action is taken 7 by the board of county commissioners or 2)The receipt of written notification by 8 the County Manger or designee from the applicant requesting to withdraw the 9 petition or requesting its indefinite continuance. 10 e. 11 -. s :• - • - .- . • : Mailing notice to all 12 property owners within 300 feet of the property lines of the subject property.The 13 mailed notice must briefly state the nature of the claim and must be made via 14 certified mail, return receipt requested,sent at the landowner's expense. 15 # # # # # # # # # # # # # 16 Administrative Code/LDC Amendment Overview Admin Code Ch.6 J Post Take Plan Section and Title: LDC Notice 10.03.06 Q Section LDC Changes: 9.03.07: • Added language to reference Admin.Code and reorganized remaining sections for clarity. • Included a public notice cross reference • Updated cross reference to CCPC powers in the Code of Laws and Ordinances. Revision: 6/6/13 CC 17 18 9.03.07 Nonconformities Created or Increased by Public Acquisition 19 * * 20 D. Post Take Plan.This section addresses the development, review and approval of post- 21 take cure plans for remainder properties to mitigate and/or eliminate the negative and 22 potentially costly impacts resulting from the taking of a property for public purposes. In 23 such cases, it may be determined to be in the public interest to allow some deviations 24 from applicable LDC or PUD provisions,or Conditional Use requirements, in order to 25 accommodate site modifications and/or enhancements,designed to cure, remedy, 26 mitigate, minimize or resolve otherwise negative site impacts resultant from public 27 acquisition. 28 1. The Administrative Code shall establish the submittal requirements for a A Post 29 Take Plan,••- : _ . - _ ___ _ - and shall provide 30 /depict the following: 31 a. The boundary or special purpose survey shall be signed and sealed by a 32 surveyor licensed to practice in the State of Florida. 33 a. A scaled drawing or drawings 21 by 36 inches in size,with one 8.5 by 11 34 •--- - - ' e - • 35 Comment[C310]:Submittal Reqs moved to I i The public project name(purpose of the acquisition); Administrative Code 36 ii. The name,address and phone number of the consulting firm(s) 37 38 iii. Zoning designation of the subject property I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iv. Legal Description,along with the total site acreage in both prc 2 , 3 v. All existing improvements,cl arly depicting those affected by the 4 acquisition; 5 6 vii. The exact nature and dimension of any requested deviations:•7 - - - - -- --- - -- - •- - - - 8 ix. The dimensions from the prc and post acquisition property line to 9 all affected improvements; 10 : : : : : : : i Comment[e111]:Moved to Admin.Code 11 noting impacts and all nonconformities created or exacerbated as a result 12 of the acquisition,and any proposed mitigation and remedies; 13 • -•": -•: ": ::-•:-- - : ":- ": : • Comment[C112:Moved above and 14 surveyor licensed to practice in the State of Florida as may be deemed identified in Admin Code. 15 - 16 d. The most recent available aerial of the site `Comment[C113]:Moved to Admin.Code 17 eb. The appropriate fee as established by the Board of County 18 Commissioners. 19 2. The property owner or the County may request the following deviations from the 20 LDC, PUD or Conditional Use requirements,as may be applicable: 21 a. Landscape Buffers may be reduced from the required width or depth; 22 but shall not result in a buffer of less than five(5)feet in width or depth. 23 Landscape buffers which have been completely eliminated by the 24 acquisition may be replaced beyond the acquisition area; but shall not 25 result in a buffer of less than five(5-)feet in width or depth.All required 26 plant materials and irrigation requirements shall remain within the 27 reduced buffer area or shall be relocated or installed as a condition of the 28 Post Take Plan approval. 29 b. Water management facilities, including retention,detention and 30 conveyance may occupy up to seventy five(75)percent of a landscape 31 buffer width, if there is a minimum remaining planting area of at least five 32 {5-)feet. 33 c. Required native vegetation, preserve,or open space requirements may 34 be reduced by an amount not to exceed tea-003 percent. 35 3. Deviations other than those set forth in'paragraphs D_2.a.through D_2d.above, comment[C114]:For clarity i 36 or exceeding the minimums or maximums established therein, may also be 37 approved, subject to the following procedures: 38 a. In addition to the requirements for submittal of a Post Take Plan 39 established in the Administrative Code paragraph D.1.,above,within 60 40 days of the date of submittal of the Post Take Plan to Collier County the 41 applicant shall also notify property owners in accordance with notice 42 procedures established in LDC section 10.03.06 0,Section 43 10.03.05.B.10 and Section 10.03.05.B.11,as may be applicable. 44 b. The notice shall: (1)list the requested deviations other than those set 45 forth in paragraph 2,above, or exceeding the minimums and maximums 46 established in that subsection; (2)provide a brief narrative justification for 47 such deviation(s);and(3)provide a copy of the Post Take Plan(in 11 by 48 17 inch or 8.5 by 11 inch format).If no written objection is received within 49 - - •- 50 approved. r Comment[C115]:Relocated to 4.a below 1 51 4. Approval Criteria and Process. I:\Admin Code 2012\Current Work Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. If no written objection is received within 30 days of the date of mailing of 2 the notice,the Post Take Plan is deemed approved. 3 eb. If an abutting property owner who receives a notice submits a written 4 objection to Collier County within 30 days of the date of mailing of notice, 5 the matter shall be scheduled for public hearing before the Collier County 6 Planning Commission(CCPC). In such cases,the Board of County 7 Commissioners delegates the authority to review the Post Take Plan to 8 the CCPC and includes this review as part of the CCPC powers and 9 duties under the Collier County Code of Laws and Ordinances section 2- 1156-2-1164.'Section 8.03.01 of the LDC. Public notice for the hearing Comment[C116]:This is a reserved section 11 shall comply with LDC section 10.03.05 C Scction 10.03.05.B,as may be in the LDC.The CCPC powers are in the Code 12 applicable,and shall specifically note the location of the roe of Laws section 2-1156-2-1164 PP P Y property rty and the a section 115 - 13 requested deviations.The CCPC, in considering whether to approve, 14 approve with conditions,or deny the proposed Post Take Plan,shall 15 consider the following: 16 i. Whether the deviation is the minimum amount necessary to 17 mitigate for the impacts of the acquisition,while still protecting the 18 public health,safety, and welfare;and 19 ii. Whether the County or property owner has or will mitigate for 20 impacts from the requested deviation(s)on neighboring properties 21 by maintaining or enhancing compatibility through various 22 measures, including but not limited to the installation of additional 23 landscape plantings or the installation of fences or walls;and 24 iii. Whether the requested deviations are consistent with and further 25 applicable policies of the GMP and the requirements of the LDC, 26 PUD,or Conditional Use,as may be applicable. 27 45. Within 30 days of approval,approval with conditions, or denial of a Post Take 28 Plan by the CCPC,the applicant,affected property owner,or abutting property 29 owner may appeal the decision to the Board of Zoning Appeals. For the purposes 30 of this section,an aggrieved or adversely affected party is defined as any person 31 or group of persons which will suffer an adverse effect to any interest protected 32 or furthered by the Collier County Growth Management Plan, Land Development 33 Code,or building code(s).If an appeal is filed by an abutting property owner, 34 and said appeal is successful,Collier County shall reimburse said appellant for 35 the appeal application fee and any associated advertising costs. 36 # # # # # # # # # # # # # 37 Administrative Code/LDC Amendment Overview Admin Code Ch.6 G Automobile Service Station Waiver Section and Title: LDC Notice Section 10.03.06 S LDC Section: 9.04.07: • See section 5.05.05 for the relocated language. • Relocating similar language from 9.04.07 and 5.05.05 E to 5.05.05 B. • 5.05.05 E.1 contained similar language to 9.04.07 in the variance chapter. However,this process is for a waiver, not a variance. • The provisions for the waiver were under 5.05.05 E, however, this section identifies the requirements for service stations I:Wdmin Code 2012\Current WorktAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term located adjacent to residentially zoned or residentially developed properties. • Moved submittal requirements to Admin Code. Revision: 6/5/13 CC 1 3 Requirements Comment[C317]:Moving to entire 9.04.07 to 4 x5.05.05 B.1. 5 • 6 all of the minimum separation rcquircmcnts set forth in section 5.05.05.if it is 7 • g „ ... 9 _ 10 offset or limit the necessity for such minimum distance requirements.The BZA decision 11 to waive part or all of the distance rcquircmcnts shall be based upon the following 12 factors: 13 1. Whcthcr or not the nature and type of natural or manmade boundary,structure, 14 or other feature lying between the proposed establishment and an existing 15 16 the proposed service station.Such boundary,structure or other feature may 17 include,but not be limited to, lakes, marshes,nondevclopable wetlands, 18 19 20 2. Whether or not the automobile service station is only engaged in the servicing 21 of automobiles during regular,daytime business hours,or if in addition to or in 22 lieu of servicing,the station sells food,gasoline and other convenience items 23 during daytime,nighttime,or on a 21 hour basis. 24 3. Whcthcr or not the service station is located within a shopping center primarily 25 accessed by a driveway,or if it fronts on and is accessed directly from a platted 26 fead-Fight-ef-way- 27 4. Whcthcr or not the granting of the distance waiver will have an adverse impact 28 on adjacent land uses,especially residential land uses. 29 B. Waiver request submittal requirements.The request for an automobile service station 30 waiver shall be based on the submittal of the required application,a site plan, and a 31 written market study analysis which justifies a need for the additional automobile 32 service station in the desired location.The site plan shall indicate the following: 33 1. The dimensions of the subject property. 34 2. All vehicular points of ingress and egress. 35 3. Compliance with all requirements of this Code including the location of the 36 structures on site, landscaping,off street parking, site circulation,architectural 37 design guidelines,and signagc. 38 4. All proposed buffer areas. 39 5. The site plan shall also indicate the layout and type of land uses surrounding the 40 subject property within 500 feet.The site plan shall show the layout of the road 41 on which the proposed station fronts or to which access is provided, including 42 43 lanes, median locations and median widths,for a 500 foot distance from the 44 subject parcel. 45 C. Additional conditions.The BZA shall have the right to add additional conditions or 46 requirements to its approval of a distance waiver request in order to insure I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 goals and objectives of the GMP. 3 # # # # # # # # # # # # # 4 62 I:Wdmin Code 2012\Current WoridAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current text to be doletod from LDC Bold text indicates a defined term 1 Chapter 10.Application,Review,and Decision-Making Procedures 2 Administrative Code/LDC Amendment Overview Admin Code Ch.4 D. Early Work Authorization Section and Title: LDC Notice N/A Section: LDC Changes: 10.01.02: • Adding language to 10.01.02 B to clarify what an EWA allows • Added language to reference Admin. Code • Updated cross references in 10.01.02 B and 10.01.02 C Revision: 6/5/13 CC 3 4 10.01.02 Development Orders Required 5 6 B. Early Work Authorization(EWA).An EWA permit allows for limited development 7 activities before a development order is issued provided all underlying zoning 8 approvals are in place.The Administrative Code shall establish the submittal 9 requirements to obtain an EWA permit. [ [C118]:New language.Added for 10 1. An EWA permit may be approved by the County Manager;or designee;for 1 or clarity 11 more of the following activities: 12 a. Vegetation removal(site clearing); 13 b. Excavations; 14 c. Site filling; 15 d. Construction of stormwater management facilities limited to ponds, 16 retention/detention areas, interconnection culverts,and swale systems; 17 and; 18 e. Off-site infrastructure-and 19 f. Construction of a perimeter landscape buffer, berm,wall,or fence. 20 2. The County may issue an EWA permit for the allowed activities,subject to 21 demonstrated compliance with the following criteria,as applicable: 22 a. The proposed vegetation removal complies with LDC sSection 3.05.05 0; 23 b. County right-of-way permit has been approved; 24 c. A determination of native vegetation to be retained for landscaping 25 which would comply with LDC sSection 4.06.00; 26 d. An excavation permit has been approved; 27 e. A Soil and Erosion and Sediment Control Plan demonstrating compliance 28 with the provisions of LDC sSection 6.01.0510.02.02 C; 29 f. Copies of all approved Agency permits being submitted, including,but not 30 limited to: SFWMD,ACOE, USFWS,and FFWCC; 31 g. Determination of legal sufficiency of the EWA permit by the County 32 Attorney's Office; 33 h. A vegetation bond in the form of a performance bond, letter of credit,or 34 cash bond and in the amount of$2,000.00 per acre is posted for 35 stabilization with vegetation in accordance with LDC section 4.06.04 A.3; 36 i. Assurance that all underlying zoning approvals are in place(e.g. PUD, 37 C.U.,etc.); 38 j. The EWA permit is valid for 60 days with the possibility of two 60-day 39 extensions dependent on the reason for the inability to gain proper I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 approvals.After that time, cleared areas must be graded off and hydro- 2 seeded.Where more time is needed, a new EWA may be requested; 3 k. All preliminary construction activities are at the risk of the developer. 4 C. Early Construction Authorization(ECA).An ECA permit may grant the applicant a 5 conditional building permit prior to development order approval subject to the criteria, 6 limitations, and procedure established in this section. 7 1. The ECA may be approved by the County Manager or their designee if the 8 following criteria are met: 9 a. A form provided by the Collier County Growth Management Division is 10 submitted that clearly states the developer understands that all such 11 preliminary construction activities are at his/her own risk. 12 b. The zoning designation allows the use. 13 c. The proposed vegetation removal complies with LDC section 3.05.05,0, 14 if applicable. 15 d. The site development plan, improvement plan or amendment application 16 has been submitted and reviewed and the first review comments are 17 posted. 18 e. The building permit application and plans have been submitted, 19 reviewed and the portion of work to be authorized by the permit has been 20 approved by the Collier County Building Department. 21 f. The portion of work to be authorized for the permit has been approved by 22 the Office of the Fire Code Official and under the Florida Fire Prevention 23 Code. 24 g. Posting of a bond or other surety acceptable to the County, naming the 25 County as the insured,to make certain that any construction 26 improvements,for all phases,will be removed if the development does 27 not receive the necessary final development order approval.The bond 28 or surety shall be in an amount equal to an estimated cost prepared by 29 the developer and approved by the County Manager or designee to 30 remove improvements granted by the ECA permit. If phased permits are 31 approved,the initial bond or surety shall be increased to cover the 32 construction authorized by the phased permit of a subsequent bond or 33 surety shall be posted. 34 2. Limitations on construction activity. 35 a. The ECA permit allows approved construction to commence up to the first 36 building code inspection.Construction may continue following phased or 37 complete building permit approval by the Collier County Building 38 Department and Office of the Fire Code Official. All construction is 39 subject to the time limitations identified in ccction 105.1.1 Permit intcnt, of 40 the Florida Building Code, Permit intent,section 105.4.1. 41 b. If the site development plan, improvement plan or amendment is denied 42 by the County,then the developer shall remove any improvements 43 permitted by the ECA's conditional building permit within thirty-(30)days 44 of the denial. Failure to remove the improvements within tiFty-(30)days 45 will result in the forfeiture of the gbond or surety provided for in 46 10.01.02.C.1.g. 47 3. Procedure. 48 a. The ECA permit application shall be reviewed by the Collier County 49 Planning and Zoning Department,the Building Department and the 50 Office of the Fire Official through a combined submission process. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. Failure to receive an approved site plan prior to the expiration of the 2 building permit shall result in the forfeiture of the bond or surety provided 3 for in 10.01.02 C.1.q.10.01.01.C.1.g. 4 # # # # # # # # # # # # # 5 Administrative Code/LDC Amendment Overview Admin Code N/A Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.02: • Relocated language from Code of Laws and Ordinances Chapter 2-Administration,Article 1-In General, Division 2- Administrative Code to 10.02.02. • Road construction provisions were reorganized to be in the order of work. Cross references to the Standard Florida Department of Transportation Specifications for Road and Bridge Construction were updated as noted below. • LDC section 10.02.02 was titled"Submittal Requirements for All Applications,"however it contained many stand alone permits that are better suited to be consolidated within chapters 3,4,and 6.These have been relocated as noted below. • Several of the sections contained duplicative information what was noted elsewhere in the LDC. Revised: 6/5/13 CC 6 7 10.02.02 Infrastructure Standards and County Inspections Submittal Reetu-romcntc for wll 8 Applisations 9 10 Road Construction: Comment[C119]:From Code of Laws Div.2 11 1. Materials.Streets shall'include a stabilized sub:rade, base and wearing surface -Administrative Code 13.k—m,t,14-15. 12 in accordance with standards designated by the County Manager or designee Reorganized to be in"order of work° 13 and as shown in the applicant's approved typical sections. ',Comment[C120]:Replacing"must" 14 2. Utility Installation.After the clearing,grubbing,and grading has been completed (Comment[C121]:New language 15 within 6 inches of final subgrade of the roadway for a street,all underground 16 work for the water mains,sanitary sewers, storm sewers,gas mains, telephone, 17 electrical power conduits and appurtenances, and any other utility Shall he [Comment[C122] Replacing will J 18 installed across the width of the street to the sidewalk area,or provisions shall (Comment[C323] Replacing win 19 be made so that the roadway or right-of-way will not be disturbed by future utility 20 installations.All underground improvements installed for the purpose of future 21 service connections shall be properly capped and backfilled. [Comment[C124]:Replacing"will" 22 3. Utility casings.All casinos to be installed within the roadway section of a proiect 23 must be located at a depth at least 6 inches below the bottom elevation of the 24 roadway stabilized based course.All casings providing water service must 25 extend to the intersection of the right-of-way line and the lot line. Unless 26 approved by the County Manager or designee pursuant to the Collier County 27 Utilities Standards and Procedures Ordinance 2004-31,as amended, all casings [omment[C125]:_updated cross reference 28 required for the complete service of underground utilities to the subdivision 29 must be installed during the construction phase of the project.Any casing which I.\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 must be placed after completion of the roadway stabilization and paving shall (Comment[C1261:Replacing"will' 1 2 have its method of installation approved by the County Manager or designee. 3 4. Subgrade and shoulders.All subgrade and shoulders Shall be stabilized to a (Comment[C127]:Replacing"must 4 depth of 12 inches and to the full width as shown on the applicant's approved (Comment[C128]:New language i 5 typical section drawing.The stabilized area must be free of muck, roots,and 6 other obiectionable material.The subgrade and shoulders must be stabilized and 7 compacted to obtain the minimum limerock bearing ratio(LBR)of 40 LBR and at 8 least 98 percent of maximum density as determined by AASHTO T180. If the 9 bearing value of the natural soil is less than that specified,the subgrade and 10 shoulders must be stabilized in accordance with section 160 of the Florida 11 Department of Transportation Standard Specifications for Road and Bridge 12 Construction',as amended.The construction of the subgrade and shoulders must (Comment[C129]:New language I 13 generally conform to section 160 of the Florida Department of Transportation -- ------ [Comment[C130]:updated section reference. 14 Standard Specifications for Road and Bridge Construction,as amended. Section 160—Stabilizing _ _ J 15 5. Base.The base shall'be compacted limerock constructed to the thickness (Comment(C131]:Replacing"musr i 16 specified in the applicant's approved typical section drawing for the class and (Comment[C132]:New language 17 type of road to be constructed,and shall be built to the specified width and — - —-- 18 centered on the subgrade. Limerock used for the base must meet the standard (Comment[C133]:Replacing"musr 19 specifications for grade no.2 limerock and must be compacted to obtain at least 20 98 percent maximum density as determined by PASHTO T180.Construction 21 and materials of the base must conform to sections 200 and 911 'of Florida (Comment[C134]:Section 200—Rock Base j 22 Department of Transportation Standard Specifications for Road and Bridge -- Comment[C135]:Section 911-Lime Rodc 23 Construction,as amended.Alternate base courses that meet FDOT Materials for Base and Stabilized Base 24 specifications may be considered and approved by the County Manager or (Comment[C136]:New language /,,•■•••\ 25 designee. 26 6. Prime.The base must be primed with type RC-70 bituminous material of SS-1 27 (asphalt emulsion)and shall comply with section 300 of the Standard Florida (Comment[C137]:Repladng"musr 1 28 - --- ----------- Department of Transportation Specifications for Road and Bridge Construction, Comment[C138]:Prime and Tack Coats for 29 as amended. Base courses on Asphalt 30 7. Surface course.The surface course thickness and width'shall be as specified in 1 Comment[C139]:Replacing"must' 31 the applicant's approved(typical section drawings.The processing of the mixture -- comment[C140]:New language 1 32 and construction of the surface course must comply with sections 320, 330,and -- 33 334 of the Standard Florida Department of Transportation Specifications for Comment[C141]:Section 320—Hot 34 Road and Bridge Construction,as amended. Bituminous Mixtures—Plant,Methods and 35 8. Pavement striping.All work shall be in accordance with section 711 of the Florida Equipment g' Section 330—Prime and Tack Coats for Base 36 Department of Transportation Standard Specifications for Road and Bridge Courses 37 Construction,as amended. Updated-included new Section 334 Superpave Asphalt/concrete 38 9. Grass.All areas within the right-of-way not receiving the surface course must — - 39 receive seed,fertilizer,and mulch in accordance with sections 670,981,982 and Comment[C142] New language 40 983 of the Standard Florida Department of Transportation Specifications for [Comment[C143] Replacing'wilr 41 Road and Bridge Construction,as amended.',Where sod is specified by the Comment[C144]:Section 711- 42 County Manager or designee for erosion control,it Shall be installed prior to Thermalplastic Traffic Stripes and Markings 43 preliminary acceptance of the roadway. Comment[C145]:Section 570—Grassing 44 10. Construction in muck or clay areas.The design of streetS proposed in excessive (By Seeding) Section 981—Grassing and Sodding Materials 45 muck areas shall be considered on an individual basis and may,where so Section 982—Commercial Fertilizer 46 directed by the County Manager or designee. require the use of under drains. Section 983—Water for Grassing 47 Alternate methods of construction may be considered by the County Manager or (Comment[C146]:New language 48 designee based on a design study,containing soil testing data,and — (Comment Replacing"will" 49 recommendations prepared by a geotechnical engineer licensed to practice in Comment[c148]:Added an s• 50 the State of Florida and supported by the applicant's professional engineer. --- Comment[C149]:Replacing"wilr I:W \dmin Code 2012\Current WorkNdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 11. Alternative types of pavement, base,and subqrade.Alternate types of pavement, 2 base, and subqrade determined by the County Manager or designee to be 3 equivalent to those specified in this section may be approved.Application for 4 such approval must be accompanied by written data,calculations, and analysis 5 which show,by generally accepted engineering principles,that the alternate 6 types are equal or superior to those specified. 15 7 B. Road Maintenance.The applicant shall be responsible for maintenance of the roads for Comment[C____.Replacing"will° 1 8 the period between preliminary and final acceptance.This includes workmanship, 9 materials,and all repairs and maintenance. 10 C. Pavement Samples,Testing,and Inspections by the County Manager or designee. 11 1. Pavement samples.The developer shall brovide core samples of both the base 1 Comment[C151]:Replacing must" J 12 course and surface course of the completed public and private roadways prior to - __ __ --- 13 preliminary approval.The core samples shall be taken at a maximum of 300 [Comment[C152]:Replacing"wilr j 14 linear feet intervals and arrangements'shall be made to immediately replace the I Comment[C153] New word _j 15 removed core materials to conform to the specifications to the line and grade of — -_, - 16 the immediate surroundings'pavement surface.:The core samples shall be taken comment[clsa]:Replacing"wlr 17 by an approved testing laboratory and/or professional engineer and certified as to Comment[C155]:updated from"...replace the areas so removed with materials and 18 location and thickness measured. construction to conform to the specifications 19 a. A tolerance of one-quarter inch for pavement surface and one-half inch and to the line..." 20 for base course may be accepted.Any deviations more than these 21 tolerances(shall result in withholding preliminary acceptance until such LComment[C156]:Replacing"will" 1 22 time that the pavement is brought up to county standards. --- - --- 23 2. Testing.The applicant must have the subqrade and shoulders tested for 24 compaction and limerock bearing ratio(LBR)at intervals set forth in Florida ^ 25 Department of Transportation Standard Specifications for Road and Bridge 26 Constructions,as amended,br as directed by the County Manager or designee. [Comment[C157] New language j 27 The subqrade and base,as specified in LDC section 10.02.02 A.4.and A.5,shall 28 be tested for compaction by a certified engineering testing laboratory. Prior to 29 acceptance by the county, a copy of the test results along with a statement of 30 compliance issued by the testing laboratory,must be furnished to the County 31 Manager or designee. 32 3. Inspection by the County Manager or designee. During construction,a field 33 inspection shall be made by the County Manager or designee. It is the [Comment C15s]:Replacing will° 34 applicant's responsibility to provide written notice to the County Manager or --.--._ 35 designee when construction is ready for inspection.Correct 36 A. Environmental Data Submittal Rcquircmcntci Comment[C159]:Environmental Data 37 •- :_ :: : : Relocated to 3.08.00 38 - - 39 40 2. Preparation of Environmental Data. Environmental Data Submittal Requirements 41 _ 42 43 credentials and experience shall be a bachelor's or higher degree in one of the 44 45 46 - 47 applicable,to evaluate projects. 48 a. Wetlands. 49 4 -Identify on a current aerial, the location and acreage of all Gel-lief 50 51 - - -- -- I:W \ \ dmin Code 2012 Current WorkAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 •_ -�� ' 2 • . •' __. 3 -- •-• ! -9' 09 or Florida Department of 4 ••• - - - - !EP) prior to SDP or final plat 5 ._ 6 7 8 10 plan. Sites with high quality wetlands must have their 11 functionality scores verified by the SFWMD or DEP prior to first 12 13 •- _ -• - • . . -• .- .- _', ! e ! -' 14 15 regulation. 16 ii. SDP or final plat construction plans with impacts to 5 or more 17 18 - 19 expected from the project (post development conditions 20 considering the proposed land use _ _ _ - . _. -•-- 21 - 22 - 23 24 - - 25 - 26 development 27 28 chow how the criteria in 3.05 787 u have be et 29 iv. Where native vegetation is retained on site, provide a topographic 30 31 ach of the FLUCFCS Codes identified on site. For SDP or final 32 33 b. Listed Species and Bald Eagle Nests and Nest Protection Zones. 34 i. Provide a wildlife survey for the nests of bald eagle and for listed 35 __ . . _. •• . - •• _ _ 36 •- 37 38 Conservation Commi,sion (FFWCC) and the U.S. •Fish and 39 Wildlife Service (USFWS). Survey times may be reduced or 40 waived where an initial habitat assessment by the environmental 41 consultant indicates that the likelihood of listed species 42 43 Where an initial habitat assessment by the environmental 44 consultant indicates that the likelihood of listed species 45 occurrence is low, the survey time may be reduced or waived by 46 the County Manager or designee,when the project is not reviewed 47 •- - - - ' -- --'' 48 Additional survey time may be required if listed species are 49 discovered. 50 ii. Provide a survey for listed plants identified in 3.04.03. 51 iii. Wildlife habitat management and monitoring plans in accordance o I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 with 3.0,1.00 shall be required where listed species arc utilizing the 2 3 are required by the FFWCC or USFWS. These plans shall 4 5 . 6 species nests, burrows, dens, foraging ar as, and the location of 7 any bald ogle nests or nest protection zones on the native 8 vegetation aerial with FLUCFCS overlay for the site. Wildlife 9 10 plat construction plans. Bald ogle management plans arc 11 .. ._ 12 - -' 13 construction plans. 14 c. Native vegetation preservation. 15 i. For sites or portions of sites cl ared of native vegetation or in 16 17 18 - - - •.• - 19 ..• - e -- - e -- U -- - 20 21 - 22 .. . 23 . . - ..•- • .• .! .! .e -• !.! .e.. 24 ii. Identify on a current aerial the acrgage, location and community 25 26 according to the Florida Land Use Cover and Forms Classification 27 - --- 28 FLUCFCS - -.. • . 29 be legible at the scale provided. Provide calculations for the 30 acreage of native vegetation required to be retained on site. 31 -- 32 33 34 met.Where applicable, include in this report an aerial showing the 35 project boundaries along with any undeveloped land, preserves, 36 natural flowways or other natural land f atures, located on 37 abutting properties. 38 iii. Include on a separate site plan, the project boundary and the land 39 - - 40 --- - -'� 41 plat construction plans. 42 iv. Where off site preservation of native vegetation is proposed in lieu 43 of on site, demonstrate that the criteria in section 3.05.07 have 44 45 46 47 48 identification number(s)of the off site parcels)if off site donation 49 of land is to occur. 50 d. General environmental requirements. 51 i. Provide the results of any Environmental Ascesements and/or I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 •—e - - - -. e - 3 ii. Soil and/or ground water sampling shall be required at the time of 4 - -- 5 6 7 . ... - - - I -. a- a a. : •II -- : 8 -. 9 _ - I -- - -• • - I - -. - - -- 10 time were generated or stored. The amount of sampling and 11 testing shall be determined by a registered professional with 12 13 .. . . . 14 ._ - Zet --e -- _- 15 16 •-__ ••-- 17 Standard Operating•Procedure (SOP) FS 3000, in ar as 18 19 management system. Sampling should occur randomly if no 20 21 - -• - 22 23 below the root zone, about 6 to 12 inches below ground surface or 24 25 experience in the field of Environmental Site Assessment. Include 26 in or with the Environmental Site A°.,cssment, the acceptable 27 - - 28 found on site and indicate in the Assessment, .when the 29 •- 30 31 '" - -- _ ._ • - -- - 32 contamination exceeding applicable FDEP standards is identified 33 on site or where an Environmental Audit or Environmental 34 Assessment has been submitted. 35 iii. Shoreline development must provide an analysis demonstrating 36 - -- a a.-- - _ • ully functional for its intended use after 37 _ - - _ 38 iv. Provide justification for deviations from environmental LDC 39 40 v. Where applicable, provide evidence of the i,suance of all 41 42 43 - - 44 45 c. Other Code requirements. 46 i. Identify any Wellficld Risk Management Special Treatment 47 48 analysis for how the project design avoids the most intensive land 49 - 50 - _.I=.I•. - - '" 51 ._ - •-• : _ _ _ _ ._ _.. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2 53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG Bold text indicates a defined term 1 2 3 -- 5 ii. Demonstrate that thc design of thc proposed stormwater 6 __-..-. • --- - _ of water quality and quantity 7 impacts fully incorporate thc requirements of the Watershed 8 9 - 10 Concern Special Treatment overlay district(ACSC ST), show how 11 •- _ _ -- ._ _ 12 regulations in 1.02.11. 13 iv. For multi slip dock facilities with ten slips or more, and for all 14 15 Refer to the Manatee Protection Plan for site specific 16 _• _- - - 17 5.05.02. 18 _ 19 the project is consistent with ach of the applicable Objectives and 20 21 the CMP. 22 f. Additional data. The County Manager or designee may require additional 23 24 LDC and CMP requirements. 25 4. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicant; 26 shall collate and package applicable Environmental Data Submittal 27 - 28 29 .- •- - - - - e •- - - -- - __ - - -•- 30 hearings. 31 5. Exemptions. 32 a. The Environmental Data Submittal Requirements exemption shall not 33 - --- - 34 exempted by section 1.02.11 I. 35 b. Single family detached and two family housing structure(s)on a lot(s)of 36 record except as otherwise provided at section 1.02.01 (cluster 37 38 individual ownership, provided that a fee simple townhouse plat is 39 approved in accordance with the provisions of section 10.02.04.B.4. 40 41 i. Wetland delineations and permitting. 42 ii. Retention of native vegetation in accordance with 3.05.07 C. 43 iii. Listed species protection in accordance with 3.01.01. 44 c. Agricultural uses. Agricultural uses that fall within the scope of sections 45 163.3211(1) or 823.11(6), Florida Statutes, provided that the subject 46 property will not be converted to a nonagricultural use or considered for 47 any type of rezoning petition for a period of 25 y ars after the agricultural 48 uses commence and provided that the subject property does not fall 49 within an ACSC or ST zoning overlay. 50 d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1). 51 c. A conventional rezone with no site plan or proposed development plan. 71 I:1Admin Code 20121Current WorMAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Tcxt ctrikethrough is current tcxt to be deleted from LOG Bold text indicates a defined term 1 -2 coning, overlays or critical habitats: Conservation (CON), Special 3 - - - --- ,•4 • _ - . • -. • , •. - - " • - - 5 ` 6 7 8 f. In those areas of Collier County where oil extraction and related 9 proces ing is an allowable use, such use is subject to applicable state 10 -11 development plan review procedures. Directional drilling and/or 12 13 - 14 _ 15 16 17 - 18 in Rule 62C 30.001(2), F.A.C. ._. • ... - _. _._ - . -•- 19 requirements shall be considered satisfied b., ovidonse ,.c the 20 21 proposed oil and gas activities in Collier County, so long as the state 22 23 24 25 = '� 26 RS., to assure compliance with Chapter 62C 25 through 62C 30, F.A.C. 27 - 28 e 29 30 I through(12), F.A.C. 31 1[3.[ Subdivision Exemptions.;Before a• e e e-- e - ::••-- -e e e- -_••e -.. -Comment[eIs160]:Entire Section B. 32 from the terms of this section may be cons.:- -e e --e :-- e relocated to 4.03.03 33 34 35 - 36 _ 37 the applicability of this section. - (Comment[els161]:Exists in 4.03.03 38 11.1 Active a gricultural uses.Agriculturally related development as identified in the (Comment[e1s162]:Exists 4.03.03 A. 39 -- •.` _- - e 40 41 -- - -42 43 ' •! - - ! - 44 45 46 - 47 48 performance security. 49 2. Reserved. 50 3. Reserved. 51 4. Reserved. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Cemeteries.The division of land into cemetery lots or parcels&hall be exempt -{Comment[e1s163]:Exists in 4.03.03 E. 2 3 5 8 9 10 11 cemetery lots or parcels. 12 161. Eminent domain or operation of law.The division of land which could be created Comment[elsl64]:Exists 4.03.03 F. 13 14 of law, or by order of any court,s - _ - - - . - -_ _-; _ _ 15 16 - 17 the county be joined as a party in interest in such proceeding for the purpose of 18 raising the issue of whether or not such action would circumvent or otherwise 19 20 21 not filed on behalf of the county within 20 days after receipt of such notice. 22 . . 23 of such notice,such division of land created by the court shall not be exempt 24 from this section. 25 °- '° " '_ - °' -• e e' - -_ (Comment[els165]:Exists in 4.03.03 G. _ - 26 27 surface ownership of real property shall be exempt from this section. 28 - '" =' •' = - - •'- {Comment[ si ] Exists m4o304 29 - - - - - - - 30 31 section if all of the following conditions are met in a written request to the 32 engineering review director: 33 .. _ - _ - -- t is to correct an engineering or 34 surveying error in a recorded plat or is to permit an insubstantial boundary 35 ; 36 whocc lot lines arc being adjusted provide written 37 consent to the lot line adjustment; 38 c. Instrument(s)evidencing the lot line adjustment shall be filed in the 39 -40 •- - ._ 41 of,and conforms to,the requirements of this Code, including the 42 dimensional requirements of the zoning district and the subdivision in 43 which the lots are located. However,in cases of an existing 44 non onforming lot of record,the adjustment shall not increase the 45 nonconformity of the lot;and 46 d. It is demonstrated that the lot line adjustment will not affect the 47 development rights or permitted density or intensity of use of the affected 48 lots by providing the opportunity to create a new lot(s)for resale or 49 development, 50 Prior subdivision.]All division of land occurring prior to the effective date of this [Comment[C167]:Exists in 4.03.03 H 51 Code and conforming to the purposes of this section shall be exempt from this I_Wdmin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 section;provided, however,that any property 2 ' _3 •4 -- - _ - • , - - - - - e e _ , • - -- - 5 section 1.08.00 6 10. Rural area subdivision requirements.I (Comment[C168]:Relocated to 4 03.03 1 J 7 a. Dccds and other conveyances.All deeds and other conveyances for 8 properties shall include in ten point type the following statement:"NO 9 GOVERNMENTAL AGENCY, INCLUDING COLLIER COUNTY,SHALL 10 EVER BE RESPONSIBLE FOR THE MAINTENANCE, UPKEEP OR 11 IMPROVEMENT OF ANY PRIVATE DRIVES, ROADS, STREETS, 12 EASEMENTS OR RIGHTS OF WAY PROVIDING INGRESS AND 13 EGRESS TO THE PROPERTY HEREIN CONVEYED." 14 e. 15 • 16 17 18 and recorded at the applicant's expens- -- _ - _ : 20 21 22 .. _ 23 i. Identification of the property by legal description and tax parcel 24 folio- 25 26 physical condition of that access; 27 +ii. A statement recognizing that the access rights are personal rights 28 be wee„T,e grantor and grantee and the county's awe 29 use of the acccscway in no way implies that the use is permitted; 30 iv. A statement confirming that the maintenance and upkeep of such 31 32 - 33 access; • 34 35 - 36 - 37 county's obligation for the present or future maintenance-ef 38 upkeep of such means of accc^s 39 - - - 40 41 vii. Description of the extent and specifications for improvements to 42 the means of access being proposed by the applicant; 43 44 telephone,electricity,which shall service the property as required 45 46 - - - - 47 successor in function; 48 ix. A statement of the applicant's intent to arrange for, have installed 49 and pay for provision of such utilities as are-requ-ifed-blaw; 50 x. A statement of release holding Collier County harmless in 51 perpetuity for maintenance of such utilities; 1:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current text to bo deleted from LDC Bold text indicates a defined term 1 xi. An acknowledgment that the department of community affairs 2 3 Collier County within the Big Cypress Ar a of Critical State 4 -5 - - 6 statement of understanding of the DCA review requirements in the 7 form approved by the DCA;and 8 xii. A statement that permits from all state and federal agencies have 9 been obtained or applied for,including copies of said applications. 10 The responsibility to determine if such permits arc necessary is 11 solely the responsibility of the applicant. 12 11. Chokoloskee Island subdivision requirements. Comment[C169]:Chokoloskee Island reps 13 a. Deeds and other conveyances.All deeds and other conveyances for relocated to 4.03.03 14 properties hereafter on Chokolockce Island shall include in bold faced 15 type the following statement:"NO GOVERNMENTAL AGENCY, 16 INCLUDING COLLIER COUNTY, SHALL EVER BE RESPONSIBLE FOR 17 - . •. - • e. • . e 18 DRIVES, ROADS,STREETS, EASEMENTS OR RIGHTS OF WAY 19 PROVIDING INGRESS AND EGRESS TO THE PROPERTY HEREIN 20 CONVEYED."Failure to include this information in a deed shall not affect 21 the conveyance of property. 22 b. Building permits for Chokoloskec Island. Prior to the issuance of a 23 building permit for any property on Chokolockec Island, the owner of the 24 25 or she has an existing means of access to the property and the existing 26 means of ace=to such property must be improved to the standards 27 established by this subsection. Said access may be: 28 i. Dustless surface a minimum of 20 feet in width; 29 ii. Asphalt paved road a minimum of 18 feet in width;or 30 iii. Limcrock surface a minimum of 20 feet in width. 31 c. Access agreement.The owner of property applying for a building permit 32 shall execute a release and waiver agreement which shall be executed 33 and recorded at the applicant's expense in the official records of Collier 34 County.The release and waiver agreement shall be in a form approved 35 by the county attorney or his designee,and shall include,at a minimum, 36 the following provisions and a copy of the recorded agreement submitted 37 38 i. Identification of the property by legal description and tax parcel 39 folio number; 40 ii. Description of the means of access to the subject property and the 41 physical condition of that access; 42 +ii. A statement recognizing that the access rights are personal rights 43 between the grantor and grantee and the county's approval of the 44 use of the=cc:Away in no way implies that the use is permitted; 45 iv. A statement confirming that the maintenance and upkeep of such 46 means of access shall be the perpetual responsibility of the 47 individual(s)or other entity holding rights to such means of 48 access; 49 v. A statement confirming that any development order issued by 50 Collier County proposing utilization of such means of access shall 51 contain a specific disclaimer from Collier County relating to the I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 upkeep of ouch moans of access; 3 vi. A statement of release holding Collier County harmless in 4 perpetuity for maintcnancc of such mans of acccsc; 5 vii. Description of the extent and specifications for improvements to 6 the means of access being proposed by the applicant; 7 8 9 by Collier County Ordinance No.89 06,known as the CoUjeF 10 County Standard Housing Code,or its successor in function; 11 ix. A statement of the applicant's intent to arrange for, have installed 12 13 14 perpetuity for maintenance of such utilities; 15 xi. A statement that permits from all state and federal agencies have 16 -. 17 - 18 necessary is solely the responsibility of the applicant. 19 - - - - 20 Estates is subdivided into 2 lots,where 1 of the lots is not on the existing 21 22 23 24 - 25 satisfy the frontage requirement.•26 `o .- --•- a• a a a- a Comment[C170]:Relocated ted to 4.03.04 to be 27 e e o o :. e •e _: _ with Lot Line Adjustments 28 - .. . .._.... ..._ . -_..._. ,_ .. J 29 30 property--te-be split depicting all existing lot dimefsions, 31 _.._. 32 - - - 33 e_ - - : :e e - Comment[els171] Submittal 34 ... _ ___ - - (relocated to the Admix requirements, 35 36 37 38 39 40 - '- --- --- - - - - - - - ---- 41 _ - 42 be-appiisalale, 43 IC. Soil erosion and sediment control plan required. For new and existing development and Comment[C172]:Moved to 6.01.05. 44 __: e - -- - - '.! •!. •.• - - C.l through C.3.moved to the Admin Code 45 . . . - a •-- - - t .- - -- _ 46 47 -- 48 49 50 1. The Florida Development Manual:A Guide to Sound Land and Water 51 - I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikothrough is current text to be deleted from LDC Bold text indicates a defined term 1 1988,chapter 6:Stormwatcr and Erosion and Sediment Control Beet 2 Management Practices for Developing Areas,Cuidelincs for Using Efeeian-ansl 3 - - - _ _ • -.- _ 4 2. Turbidity values surrounding discharge from projects shall not violate water 5 6 3. Any irrigation system utilized to implement an erosion control plan shall be 7 --= --- e- - 8 a a .. - - .. 9 ■. - - • 10 11 -- - ° e ed EA provisions 12 e• -- Comment Code Deleted. C o - - .. _ .. _ _ are in the Code of Laws 13 1. Prohibitions. 8.06.03 N is a reserved section 14 a. No site plan or other development permit chall be issued or renewed and Comment[C374]:10.02.02 E—Relocated intent moved to 10.02.03 A.2 15 no certificate of occupancy issued by the Collier County Building 16 _ 17 18 of this section. 19 - 20 21 22 _ 23 E. Requests for Interpretations. Comment[C175]:10.02.02 F.1 and F.2.a 24 1. Initiation.An interpretation may be requested by any affected person, resident, Relocated to 1.06.01 D ^ 25 26 a contractual interest in land in Collier County. 27 2. Procedures. 28 a. Submission of request for interpretation. Requests for interpretation must 29 be submitted to the County Manager or his designee or chief building 30 official("officials")in a form established by him. Each request must 31 32 33 34 of County Commissioners. Under no circumstances may the request for 35 36 a single question with more than 3 sub issues or questions. If it is 37 . . 38 39 40 b. Determination of completeness.After receipt of a request for Comment[C176]:10.02.02 F.2.b and F.2.c 41 interpretation,the appropriate official must determine whether'� et �have moved to the Admincode. 42 43 -• _ - . .. .. 44 - 45 • 46 47 interpretation has been requested by a party other than the 48 affected property owner,Collier County shall notify the property 49 owner that an interpretation has been requested concerning their 50 property. I:LAdmin Code 20121Current WorkWdmin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. Rendering of interpretation.After the request for interpretation has been 2 determined complete,the County Manager or his dcsignec or chief 3 4 request in light of the growth management plan,the future land use map, 5 the Code and/or the official zoning atlas,and building codc related 6 matters,whichever is applicable, and render an interpretation le 7 8 9 10 interpretation,the interpretation shall be reviewed by the county attorney 11 12 section shall be rendered within 45 days of issuance of a determination of 13 completeness made pursuant to section 10.02.02 F.2.b.above. 14 3. Form.The interpretation shall be in writing and shall be sent to the applicant by Comment[C177]:10.02.02 F.3.has 15 certified mail return receipt requested. relocated to 1.06.01 D. 16 4. Official rc ord.The County Manager or his designee shall maintain an official Comment[C178]:F.4.a.has moved to the 17 record of all interpretations rendered by either the County Manager or his Admin code. 18 19 during normal business hours. 20 a. Noticc of interpretation.The County Manager or his designee shall 21 22 23 Land Development Code, notice of the interpretation an time 24 frame shall be advertised in a newspaper of general circulation in the 25 - 26 27 28 29 the land for which the interpretation is effective. 30 b. Effective time limits of an interpretation.An interpretation rendered by the [Comment[C179]:10.02.02 F.4.b.and 5.a. 31 _-• [Comment relocated to 1.06.01 D. 32 be,shall remain in effect until the appropriate Code section is amended to 33 clarify the applicable provision or provisions which warranted the 34 interpretation,or until such time as the interpretation is adopted, modified, 35 - - - - --a. - -- _-- a •- 36 . 37 individual or entity identified in section 10.02.02 F.1.above. From the time 38 39 amended,or in the case of an appeal, until such ti 40 Zoning Appeals and/or building board of adjustments and appeals has 41 42 same issue shall be permitted. 43 5. Appeal to Board of Zoning Appeals or building board of adjustments and 44 appeals. 45 a. Within 30 days after receipt by the applicant or affected property owner of 46 a written interpretation sent by certified mail return receipt requested by 47 " - 48 49 50 _ 51 _ (:\Admin Code 2012\Current Work\Admin Code LDC Amendment CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikothrough is current text to be deleted from LOG Bold text indicates a defined term 1 division 1.18 or to the Board of Zoning Appeals for all other matters in this 2 Code. For the purposes of this section,an affected property owner is 3 4 lines of the land for which the interpretation is effective.An aggrieved or 5 affected party is defined as any person or group of persons which will 6 suffer an adverse effect to an interest protected or furthered by the Collier 7 8 - - - ' 9 other members of the community at large,but shall exceed in degree the 10 general interest in community good shared by all persons. 11 b. A request for appeal shall be filed in writing.Such request shall state the 12 13 and other backup information in support fccfor the 0 - - .Code- p• ppott of the app al.�-�r-� `Comment[C180] Moved to Admm d 14 15 by the Board of County Commissioners from time to time and shall be 16 - e-: - - -- - - ' . -- _-- - - :: a -- 17 18 19 interpretation of the County Manager or his designee or chief building 20 official,whichever is applicable,and public testimony in light of the growth 21 management plan,the future land use map,the Code or the official 22 23 -- _-- a a - :a-- -- .. - --- - - -:•. •--- - 24 app als,whichever is applicable,shall adopt the County Manager or his 25 26 applicable,with or without modifications or conditions,or reject his 27 interpretation.The Board of Zoning Appeals or the building board of 28 adjustments and appeals,whichever is applicable,shall not be authorized 29 to modify or reject the County Manager or his designee's or chief 30 building official's interpretation unless such board finds that the 31 32 the-interpretation is contrary to the growth management plan, h 33 34 whichever is applicable. (comment[C181]:Relocated to 1.06.01 D. 35 c. Time limitations on appeals.Any app al that has not been acted upon by [iomment[C182]:Relocated to 1.06 01 D 36 37 determined to be withdrawn and cancelled unless extended by the BGG 38 - - 39 subject to the then current code. 40 C. Transportation impact statements. Comment[C183]:Deleted.Already covered 41 1. Purpo . in 6.02.03 Added TIS Resolution number to 42 a. The purpose of this section is to outline the minimum requirements for the 6.02.03 43 44 statement which is required to be submitted as part of a development 45 46 i. Comply with the existing Transportation Impact Statement(TIS) 47 guidelines and procedures in resolution 2003 110 as may be 48 amended r.^.„time t,.tim^ 49 H. Upon submittal of any SDP,SDPA, PPL, PUDA,plats,a registered engineer shall 50 submit: I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 1. A copy of the latest approved agreements, PUD ordinance or amendments and Comment(C184]:Moved to Admin Code in 2 e e e.... .._. e the identified sections and Glossary 3 4 2. A notarized affidavit from the owner/agent that certifies all commitments within 5 6 7 commitment(s). 8 3. An up to date cite drawing showing(except for DRI'c): 9 a. All on cite and off cite infrastructure identified ac a commitment which 10 11 12 fields,conservation asements,sidewalks, interconnections,etc. 13 b. Other information which may be required by the County Manager or 14 -' 15 ordinances. 16 # # # # # # # # # # # # # 17 Administrative Code/LDC Amendment Overview Admin Code Ch.4 I Site Development Plans,etc. Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.03: • Updated and clarified language • Reorganized section to follow the order of work and review. • Relocated provisions within the section for clarity of process. • Included SIPs and SDPAs in timeframes for construction and a valid permit. Revision: 6/7/13 CC 18 19 10.02.03 Submittal-Requirements for Site Development,Site Improvement Plans and 20 Amendments thereof 21 22 A. Generally. 23 1. Purpose.The intent of this section is to ensure compliance with the appropriate 24 land development regulations prior to the issuance of a building permit.This 25 section is further intended to ensure that the proposed development complies 26 with fundamental planning and design principles such as:consistency with the 27 county's growth management plan;the layout, arrangement of buildings, 28 architectural design and open spaces;the configuration of the traffic circulation 29 system, including driveways,traffic calming devices, parking areas and 30 emergency access;the availability and capacity of drainage and utility facilities; 31 and,overall compatibility with adjacent development within the jurisdiction of 32 Collier County and consideration of natural resources and proposed impacts on 33 those resources.thereon- 34 2. Applicability.All development,except as identified in LDC section 10.02.03 A.3, 35 oth irwise provided herein, is subject to the provisions of this section.The 36 37 represents the sole exceptions therefrom: s I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. No building permit or certificate of occupancy shall be issued except in (Comment[C185]:From prior 10.02.03 B.5- 2 compliance with the approved site development plan,site improvement Violations and from 10.02.02 E.Restriction on 3 plan,amendment thereof,or pursuant to an approved Early Construction issuance of approved site plans and COs 4 Authorization permit. Comment[C186]:New language 5 b. No final local development order shall be issued or renewed for any 1 Comment[C187]:Modified and relocated 6 regulated development that would allow development or change in use Lfrom 10.02.02 E.1.a 7 in violation of the LDC. 8 a. All final local development orders issued in violation of the LDC are I Comment[C188]:Modified and relocated 9 deemed invalid, and shall not confirm or vest any development right or from 10.02.02 E.1.b 10 property interest on the owner/operator or regulated development. 11 dl. Violation of the terms identified in the approved site development plan, (Comment[C1891:Relocated from 10.02.03 12 site improvement plan, and amendments thereof shall constitute a 13 violation of the LDC. 14 3. Exemptions from Site Development Plans and Site Improvement Plans.While 15 the following land use activities shall be exempt from the provisions of LDC 16 section 10.02.03,they are not exempt from other provisions of the LDC such as, 17 but not limited to, landscaping,tree removal,development standards, and the 18 submission requirements attendant to obtaining temporary use and building 19 permits, unless otherwise stated in subsection 10.02.03 A.3. 20 a. Single-family detached and two-family housing structure(s)on a lot(s)of 21 record except as otherwise provided at section 4.02.02(cluster 22 development). 23 b. Townhouses developed on fee simple lots under individual ownership, 24 provided that a fee simple townhouse plat is approved in accordance 25 with the provisions of LDC subsection 10.02.04,B.2_a.4. 26 c. Underground construction; utilities,communications and similar 27 underground construction type activities. 28 d. Accessory and ancillary facilities for a golf course such as restrooms, 29 irrigation systems, pump-houses where an p inary early work 30 authorization has been entered into with the county except where a cite 31 land alteration permit is required by the LDCthis-Code. 32 e. Construction trailers and storage of equipment and materials following 33 issuance of a building permit for the use to which said activities are a 34 function of,except as otherwise provided by pursuant to LDC subsection 35 5.04.03,&-Model homes and sales centers,except as otherwise 36 provided by LDC section 5.04.04, 37 f. Project entryway signs,walls,and gates anel.loafelhousesi. Comment[C190]:A guardhouses is a 38 g. Signage proposed for the project in conformity with LDC section 5.06.00, structure and they are included in the SDP on the right-of-way. 39 sign regulations and standards.the Collier County Sign Code,for the cite Comment[C191]:Often signs are included 40 ` `` - - - " " on SDP,however,they are not required to be. 41 h. Neighborhood parks,subject to the approval of a conceptual site plan The building permit will be checked for setbacks 42 depicting,on a 24"by 36"sheet,all site clearing; improvements, including 43 fences and walls, playground equipment,walkways, picnic areas,and 44 play areas;and minimum Code landscaping(irrigation will not be 45 required). For the purposes of review fees only,this plan shall be treated 46 as a conceptual site development plan,and the applicable review fee 47 shall apply. 48 i. Minimum landscape buffering. Under certain circumstances with 49 neighborhood parks,there may be underlying health,safety and 50 welfare concerns that necessitate deviation from the buffering 51 required in section 4.06.02.The County Manager or his designee I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 will determine, on a case-by-case basis,whether such deviation is 2 necessary.This determination will be made upon a request for 3 determination from the applicant,which must include all reasons 4 that would justify the deviation. The County Manager or his 5 designee will use factors including, but not limited to,the following 6 when making a determination for deviation: 7 (a) The geographic location of the neighborhood park 8 (b) The effects that a lack of buffering will have on 9 neighboring uses;and 10 (c) The need to ensure that the public safety is maintained by 11 providing law enforcement and other policing entities clear 12 view of the activities occurring on the park premises. 13 14 •.! 15 - 16 : - -- 17 Comment[C192]:Intent relocated above 18 3. Agricultural Exemptions. Due to its location or minimal impact on surrounding 10.02.03 A.3 Exemptions 19 properties and probable minimal impacts under the site development plan 20 review standards contained in section 10.02.03 B.A74,standard application 21 requirements as described in section 10.02.03 AD., may be waived in part or in 22 full by the County Manager or his designee for agriculturally related 23 development as identified in the permitted and accessory uses section of the 24 rural agricultural zoning district; however,a site improvement plan as required by 25 section 10.02.03 BE.addressing the application requirements deemed necessary 26 by the County Manager or his designee shall be submitted to the pPlanning and 27 Zoning dDepartment for review and approval. 28 4. School Board Review Exemption. 29 30 B. • —Standards for Site Ddevelopment and Ssite'improvement Pplans ctandarda 31 The County Manager or his designee shall review and consider all site development 32 plans and site improvement plans in accordance with the 33 following standards: 34 1. a. Statements regarding ownership and control of the property and the 35 development as well as sufficiency of conditions regarding ownership and 36 control, use and permanent maintenance of common open space,common 37 facilities,conservation/preservation areas, or common lands to ensure the 38 preservation of such lands and facilities will not become a future liability of the 39 county. 40 2. d---Development compliance with all appropriate zoning regulations and the 41 growth management plan.The ingress and egress to the proposed development 42 and its improvements,vehicular and pedestrian safety,separation of vehicular 43 traffic from pedestrian and other traffic,traffic flow and control,traffic calming 44 devices,provision of services and servicing of utilities and refuse collection,and 45 access in the case of fire or catastrophe,or other emergency. 46 Notwithstanding the requirement to comply with the foregoing provisions,the 47 depiction on a PUD master plan or description of access or location of access 48 points in a PUD ordinance,does not authorize or vest access to the major road 49 system.The location,design,capacity,or routing of traffic for any specific 50 access point will be determined by, and must comply with,the regulations for 51 site development in effect at the time of site development plan approval. 1:1Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 3. c. The location and relationship of parking and loading facilities to 2 thoroughfares and internal traffic patterns within the proposed development, 3 considering vehicular and pedestrian safety,traffic flow and control,access in 4 case of fire or catastrophe,screening and landscaping. 5 4. d. Adequacy of recreational facilities and open spaces considering the size, 6 location,and development of these areas with regard to adequacy,effect on 7 adjacent and nearby properties as well as uses within the proposed 8 development,and the relationship to community-wide open spaces and 9 recreation facilities. 10 5. e. Adequacy of the proposed landscape screens and buffers considering 11 preservation of the developments internal land uses as well as compatibility 12 with adjacent land uses. 13 6. f.Water management master plan on the property,considering its effect on 14 adjacent and nearby properties and the consequences of such water 15 management master plan on overall county capacities.Water management 16 areas shall be required to be maintained in perpetuity according to the approved 17 plans.Water management areas not maintained shall be corrected according to 18 approved plans within 30 days.The engineer of record,prior to final acceptance, 19 shall provide documentation from the stormwater maintenance entity;indicating 20 that said entity has been provided information on how the stormwater systems 21 functions and indicating responsibility for maintenance of the system. 22 7. g:-Adequacy of utility service,considering hook-in location and availability 23 and capacity for the uses projected. 24 8. h. Signage proposed for the project in conformity with LDC section 5.06.00, 25 and a unified sign permit shall be applied for with the submittal packet for the site 26 development or site improvement plan. 27 9. i. Architectural design of the building for all commercial developments 28 located in any commercial zoning district. 29 10. j. Outdoor serving areas shall be explicitly detailed on the site plan, 30 showing layout of chairs,tables, benches,bars and other serving area features 31 as may be requested.The plan shall clearly indicate that the location is 32 unenclosed and provide information on hours of operation,whether or not live 33 performance music/amplified sound will be provided as entertainment and the 34 approximate distances of all adjacent residential zoning districts or residential 35 uses within 2500 feet of the location. 36 a. i.----The County Manager or designee may require additional 37 landscape buffering beyond LDC Bede requirements,the relocation of the 38 outdoor serving area to another part of the development,the installation 39 of sound attenuation devices, limitations to hours of operation and further 40 restrictions on outdoor entertainment and amplified sound which, in their 41 professional judgment,will help to mitigate the impacts of the outdoor 42 serving area on adjacent residential zoning districts and/or residential 43 uses. 44 b. ii. Within 30 days from an applicants first designation of the use in 45 a site development plan,it shall be within the discretion of the County 46 Manager or designee to deny approval of such site development plan if, 47 in the professional judgment of the County Manager or designee,such 48 use is believed to be not compatible with or has the potential to cause a 49 deleterious effect upon an adjacent residential use. 50 c. iii. Notice of such denial shall be promptly mailed to the applicant for 51 the site development plan.The Aapplicant and staff will meet at their I:Wdmin Code 20121Current Work1Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 earliest convenience to discuss and attempt to resolve the compatibility 2 issues,which can include, but is not limited to, moving the questioned use 3 to another location within the development. 4 d. iv. Should the parties be unable to reach a solution,the matter will be 5 promptly referred to the Collier County Planning Commission.At a 6 publicly noticed hearing,the Planning Commission will review the 7 proposed use and make a finding as to:(1)whether the proposed use 8 was intended for this site,and(2)whether such use can be made 9 compatible with the adjacent residential zoning districts and/or uses 10 through the imposition of certain conditions or restrictions, including but 11 not limited to locating the use to another location within the development, 12 additional buffering,sound attenuation devices, limitations on hours of 13 operation, requirement of a vestibule,walls, and relocation of dumpsters. 14 e. v. Should either the County or the applicant be unwilling to abide 15 with the findings and recommendations of the Planning Commission, the 16 matter will then be forwarded to the Board of County Commissioners for a 17 public hearing,to be conducted in the same manner as LDC Section 18 10.08.00, except that for notice purposes 10 days prior notice by 19 publication will be sufficient. 20 11. k. Such other standards as may be imposed by the LDCis Code,the growth 21 management plan or other applicable regulations for the particular use or activity 22 proposed. 23 C. 5. Conceptual site development plan review and approval.At the request of the 24 applicant and subject to the applicable fee set forth in the schedule of fees,the 25 Pplanning and Zoning cervices 4Department will complete a conceptual review and 26 issue a written summary of issues of concern and conceptual approval.This conceptual 27 approval shall not mean that the project has received final approval, it shall only indicate 28 that the project is in substantial compliance with the requirements of the LDC6ede and 29 may be approved subject to further review, changes and modifications. 30 BD. Site Development Plan Requirements(SDP).Final Site development plan procedure 31 and requirements.A pre-application meeting shall be conducted by the County Manager 32 or h-i&lia4F designee, prior to the submission of any site development plan or cite 33 for review.This meeting may be waived by the County 34 Manager or designee upon the request of the applicant. 35 1. Application.The Administrative Code shall establish the process and submittal 36 requirements for a site development plan.A site development plan application 37 shall include, but not be limited to,the following information in order to illustrate 38 compliance with LDC standards and other State. Federal, and local agency 39 requirements. 40 a. Zoning designation of the subiect and adjacent properties. 41 b. Site plan with existing and proposed buildings and structures. including 42 dimensions, heights.setbacks, and separations. Parking, open space. 43 preserves, and other applicable land uses shall be identified on the site 44 plan. 45 c. Architectural plans. 46 d. Environmental Data,as applicable. 47 e. Landscape plans. 48 f. Streetlight plans. 49 q. Transportation system,sidewalks, and pathways, including all ADA 50 information. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is curront text to be deleted born LDG Bold text indicates a defined term 1 h. Stormwater management plan including all technical specifications and 2 design computations. 3 i. Utility information, including existing and proposed facilities. 4 j. Trash and recycling information. 5 k. Building plans. 6 I. Information from the Fire Code, including Fire Hydrant Flow test report. if 7 applicable. 8 m. Information from the Standard Building Code, including type of 9 construction, number of stories,total square footage under roof, 10 occupancy/use and fire sprinkler intentions of all proposed structures so 11 that a fire flow may be determined. 12 n. Construction plans, including all technical specifications and design 13 computations. 14 r. Any additional relevant information as may be required by the County 15 Manager or designee. 16 2. Proiects subject to the provisions of LDC section 5.05,08 shall submit 17 architectural drawings that are signed and sealed by a licensed architect 18 registered in the State of Florida. 19 3. The site development plan set shall be signed and sealed by the applicant's 20 professional engineer, licensed to practice in the State of Florida. 21 4. The landscaping plans shall be signed and sealed by the applicant's landscape 22 architect, registered in the State of Florida. 23 1. Site development plan submittal packet:The site development submittal packet (Comment[C193] Moved toAdmin Code 24 shall include the following, if applicable: 25 a. Ownership:A copy of the recorded deed, contract for sale or agreement 26 27 - 28 29 30 owncr(s). 31 b. Site development plan.A cite development plan and a covcrshcet 32 prepared on a maximum size sheet measuring 24 inches by 36 inches 33 drawn to scale. 34 4. The following information shall be ect forth on the covet-sheet: 35 (a) The project title and the name,address and phone number 36 of the firm or agent preparing the plans and the name, 37 address and telephone number of the property owner. 38 (b) Zoning designation of the subject property. In the event 39 that the property is zoned PUD(Planned Unit 40 41 ordinance approving the rezone to PUD. 42 (c) Vicinity map clearly identifying the location of the 43 development and its relationship to the surrounding 44 senaffiunity, 45 (d) A legal description and the property appraiser's property 46 identification number(s)/folio number(s)for the subject 47 48 ii. The following information shall be ect forth on the site 49 •- 50 exclusively for that purpose. s I:1Admin Code 20121Current WorktAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 3 ._ ----• 4 5 following information,with development and-dimensional 6 - - - 7 8 ordinanee: 9 (i) Total site acreage. 10 (ii) Total square footage of impervious area(including 11 - 12 - - 13 (iii) Total square footage of landscape ar a/open space 14 and its percentage of the total site area 15 16 17 18 minimum/maximum(as applicable)floor area 19 required and floor ar a proposed. 20 (v) For nonresidential projects,total building footage 21 22 office,retail,storage,etc.)and its percentage of the 23 24 .5. .._.. .. ... ... _ 25 proposed floor area ratio, required,and-floor-areas. 26 :.• . . . - .. - : setbaeksand separations 27 - - 28 • . _ -_ .. - 29 actual building height as defined in Section 30 1.08-00 31 32 33 .._ 34 (ix) North arrow,scale, and date. 35 36 (i) Type of use. 37 (ii) Total square footage broken down by use. 38 (iii) Required parking ratio, number of standard spaces 39 40 (iv) Number of loading spaces required and provided(if 41 apial-ieab-le). 42 (v) Number of spaces provided by use. 43 44 packet: 45 (i) Information in the Standard Building Code,type of 46 construction, number of stories, total square 47 footage under roof,occupancy/use and fire 48 sprinkler intentions of all proposed structures so 49 that a needed fire flow may be determined-: s I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to bo deleted from LDG Bold text indicates a defined term 1 (ii) A fire hydrant flow test report from the applicable 2 fire district for the closest hydrant(s)to the project 3 -- . - -- • 4 (e) Illustrative information accurately depicted shall be as 5 "-- 6 (i) A boundary survey,prepared by a professional 7 surveyor,showing the location and dimensions of 8 all property lines,existing streets or roads, 9 10 the public.This survey shall be accompanied either 11 by an attorney's opinion title,or by a sworn 12 statement from the property owncr(s)stating that 13 he or she has provided sufficient information to the 14 surveyor to allow the accurate depiction of the 15 above information on the survey. 16 ••-- . 17 18 (including raised islands, striping, right/left turn 19 20 location of all existing driveways or access points 21 on the opposite sides of all streets which border the 22 .. 23 devices. 24 (iii) Location and configuration of all development 25 ingress and egress points. 26 {iv) Location and arrangement of all proposed 27 28 remain). 29 (v) Location and configuration of all parking and 30 loading areas. 31 (vi) Name,alignment and existing/proposed right of 32 way of all internal streets and alleys. 33 (vii) Directional movement of internal vehicular traffic 34 35 - - 36 _ .. 37 tennis courts, pools,etc.). 38 - 39 - - -• - -. 40 -•--- , 41 42 (x) Location and general configuration of such natural 43 fgatures as preservation/conservation ar as,water 44 bodies,and wetlands. 45 (xi) Location of emergency access lanes,fire hydrants 46 and fire lanes. 47 (xii) Location of all handicapped parking spaces. 48 (xiii) Location of trash enclosures. 49 (xiv) Location and heights of proposed walls or fences. 50 (xv) Accurate dimensions which include the following: 51 1. All building setbacks. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 :;st..,z,ctures 3 3. Width of all internal streets. 4 5 5. Landscape areas adjacent to all vehicular 6 7 ar as. 8 (xvi) Traffic circulation, signing and marking plan,to 9 10 -11 radii at each location. 12 (xvii) Any additional relevant information as may be 13 required by the County Manager or his designee. 14 e _ 15 16 •' - - • - _ 17 nece eary or f asible by the Planning Services or 18 - - 19 (f) For projects subject to the provisions of Section 5.05.08, 20 21 architect,registered in the State-of Florida. 22 (i) Scaled elevation for all sides of the building: 23 (ii) Scaled wall section from top of roof to grade 24 25 26 scheme with paint chips and roof color samples; 27 _ - - 28 structures;and 29 (iv) For nonresidential projects,total building footage 30 - 31 - •- 32 _ . .. - - - - - , •- 33 .. . . _ . . _ 34 35 • "-- . - - - _ -- 36 _ __. .. . . 37 •38 - ' - 39 1418,00 40 (vii)--Zet aa„n�'d Ian -use of the subject property and 41 -• _ -- - 42 - ... 43 (viii) North arrow,scale, and date.-- 44 (ix) The South Florida Water Management District 45 Environmental Resource Permit or Ccneral Permit 46 number. 47 (x) Stormwatcr management control structure(s) 48 location(referenced to State Plane Coordinates, 49 50 (NAD'83),latest adjustment). l.\Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 - 3 American Vertical Datum, 1988(NAVD'88),latest 4 adjustment), and NGVD. 5 (xii) Twenty five year/3 day design discharge at control 6 ctructure(s). 7 (g) For residential projects subject to the provisions of Section 8 10.01.09,a completed School Impact Analysis(SIA) 9 10 iii. Digital requirements for site development plans.A site Comment[C194] Repeated below. 11 12 13 '- .-- -- ••e .._- " - - - 14 Florida East Projection, in United States Survey Feet units;as 15 16 -17 18 - -19 • 20 21 ROW,centerlines CL,edge of pavement EOP,etc) 22 23 i. Landscape summary.A landscape summary in matrix form which 24 shall include: 25 {a) Craphic symbol to indicate each type of plant material. 26 (b) Botanical name. 27 (c) Common name. 28 (d) Total number of each type of plant material. 29 (e) Height and spread of each type of plant material. 30 (f) Spacing of each type of plant material. 31 ii. Illustrative information. Illustrative information consisting of the 32 33 (a) The location,configuration and arrangement of all 34 35 reflected on the site plan. 36 (b) The location and dimensions of all proposed landscaped 37 38 39 landscaping requirements. 40 (c) Location and configuration of all special or textured paving 41 areas. 42 (d) Provisions for site irrigation. 43 •• 44 the County Manager or his designee. 45 d. Vegetation inventory:A generalized vegetation inventory of the property 46 4all be required to the extent necessary, as determined at-the-pr-e- 47 48 species of the following: 49 i. Upland,wetland and estuarine vegetation including prohibited 50 -- -- 51 ii. Any type of vegetation identified for preservation. I:Wdmin Code 20121Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iii. Projects containing the following shall provide a survey of 2 - - -' 3 a scale of 1 inch equals 200 feet or larger or superimposed on the 4 site plan: 5 (a) Plants specified to remain in place or to be transplanted to 6 other locations on the property as specified in the 7 8 (b) Specimen trees designated by the BCC,pursuant to 9 section 3.05.09 10 (c) State or federal rare,thr atcned or endangered plan 11 species surveyed according to accepted Florida Fish and 12 Wildlife Conservation Commission or U.S. Fish and Wildlife 13 Service methods. 14 (d) Existing trees that may be credited toward the 15 development's landscaping requirements. 16 - - •- 17 on the future land use map,in addition to the foregoing 18 requirements,the vegetation inventory shall depict the categories 19 of impact in accordance with sections 3.03.03 3.03.04. 20 21 22 23 f. Density bonus. In the event a residential bonus is requested,as provided 24 for in the growth management plan, a certified survey that clearly 25 26 appropriate activity center and the related activity band shall be required.•27 5. _. - - - - --- -- . -- - , 28 29 30 h. Soil erosion and sediment control plan.A soil erosion and sediment 31 control plan pursuant to section 10.02.02 above. 32 4. Infrastructure improvements plans. Detailed on site and off site 33 infrastructure improvement plans and construction documents prepared in 34 conformance with the design standards of Sections 10.02.04 and 35 10.02.05 and any current county ordinances, regulations, policies and 36 procedures which consist of,but are not limited to,the following items: 37 4. A cover sheet setting forth the development name, applicant 38 39 ii. Improvements for water and sewer service as needed or as may 40 have been specified during a preliminary site development plan 41 review prepared in conformance with Collier County Ordinance 42 No.88 76,as amended. 43 iii. Improvements for roadway, motor vehicle and non motorized 44 circulation, ingress and egress,parking and other transportation 45 needs, including traffic calming devices,required or as may have 46 47 48 49 50 Gou41ity -e•- - - _ _•e_ - . •51 - __ _ _ = - _ _ __ - = I:Wdmin Code 2012\Current Work'Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iv. Non motorized circulation is defined as movement by persons on 2 foot,bicycle or other human powered device. Non motorized 3 . 4 section 5.05.08 A.5. 5 6 demonstrated, including provisions for safe and convenient street 7 crosing.sidewalks and bike paths at intersections shall continue 8 to the edge of curb as depicted by Illustrations 1 and 2. 9 77 A7diJo or'Can.is Cbler vw tM�1 1 Pe 7745 10 77.7MIMA 11 vi. Two curb ramps shall be provided for sidewalks and bike paths at 12 each street corner of an intersection.Curb ramps shall be a 13 _ 14 15 construction. 16 �004 P.M 5prL� ..r pr.vn 17 18 Crosswalks shall be required at any intersection where the 19 distance to the nearest crosswalk is greater than 1,000 feet. Comment[C195]:Criteria.Language and 20 :_.._. :: _ _ L images moved to section 6.06.02 21 22 plan review,prepared in conformance with section the Collier 23 County Construction Standards Manual subdivision design 24 requirements(for purposes of this requirement,all references in 25 section the Collier County Construction Standards Manual to 26 "subdivision"should be read to mean development,where 27 -- - --- - , - - -- -- - -- - -- ' I:\Admin Code 2012\Current WorklAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 _- •e .. _ _ .. 2 3 viii. All necessary standard and special details associated with 4 paragraphs(iii) (vi)above. 6 te-be-fperformed. Comment[C196]:Changed to:Citation to the 7 x. Engineering design computations and reports for water,sewer, I applicable technical specifications for all infrastructure improvements to be constructed 8 roads and water management facilities, as required by federal, 9 state and local laws and regulations. 10 xi. Topographical map of the property which shall include the 11 follow 4g+ 12 (a) Existing features,such as,watercourses,drainage ditches, 13 lakes, marches. 14 (b) Existing contours or representative ground elevations at 15 spot locations and a minimum of 50 feet beyond the 16 property-lire 17 (c) Benchmark locations and elevations(to both NGVD and 18 NAVD)- 19 xii. Site clearing plan and method of vegetation disposal. 20 xiii. Sidewalks and bike lanes. For all projects required to be 21 developed through the site development plan(SDP)process,the 22 developer must construct sidewalks and bike lanes where 1 24 23 applicable as described in Section 6.06.02 Comment[C197]:Covered in 6.06.02 °_' _ _ _ • Sidewalks,Bike Lane and Pathway Reqs 25 26 27 - _ •• - - - 28 improvements,together[with]all applicable items referenced in 29 section 10.02.05.3.of this Code. Upon a satisfactory inspection of 30 = = '' _ _ - -' a Comment[C198]:Relocated below 1 31 xv. Sidewalk parking.The distance from the back of the sidewalk to 32 the garage door must be at I act 23 feet to allow room to park a 33 vehicle on the driveway without parking over the sidewalk. Should 34 35 36 •- 37 traffic. Comment[C199]:Criteria.Moved to LDC 38 5. Construction and Completion of Site Development Plan Improvements. 1 section 4.05.04 and 4.07.02 and renamed "Residential off-street parking" 39 a. Pre-construction meeting.A pre-construction meeting shall be held prior --- 40 to construction.All necessary permits and necessary applications Comment[C200]:New language 3 41 requiring county approval and other permitting and construction related 42 items, including but not limited to the items noted below,'shall be 43 submitted prior to the pre-construction conference. If approved by the 44 County Manager or designee,an applicant may submit Federal,State 45 and local agency permits at the pre-construction meeting: (Comment[C201]:New language 46 i. Florida Department of Environmental Protection water and sewer 47 facilities construction permit application. 48 ii. Excavation permit application. 49 iii. A Notice of Intent(NOI)to issue either a Florida Department of 50 Transportation and/or a Collier County right-of-way permit. 51 iv. Blasting permit prior to commencement of any blasting operation. I:\Admin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 v. South Florida Water Management District permit, if required,or 2 Collier County general permit for water management prior to site 3 development plan approval. 4 vi. Interim wastewater and/or water treatment plant construction or 5 interim septic system and/or private well permits prior to building 6 permit approval. 7 vii. Any additional state and federal permits which may be required 8 prior to commencement of construction,addressing the impacts 9 on jurisdictional wetlands and habitat involving protected species. 10 viii. All other pertinent data, computations, plans, reports,and the like 11 necessary for the proper design and construction of the 12 development that may be submitted. 13 ix. All necessary performance securities required by Collier County 14 ordinances in effect at the time of construction. 15 x. The following permits, if applicable require final approval and 16 issuance prior to the County pre-construction meeting: 17 (a) Florida Department of Transportation right-of-way 18 Construction Permit. 19 (b) Collier County right-of-way permit. 20 b. Performance securities for site development plans. In the case of multi- Comment[C202]:Relocated from below, 21 family the developments with individually owned units which are served _10.02.03 22 by subdivision type improvements, i.e.driveways which function as 23 access roads and drainage improvements,the developer shall be 24 required to post a performance security in a form as outlined in LDC ^ 25 section 10.02.04 F.B.3.c. of this Coda.Calculations for the amount of the 26 security shall be determined as outlined in LDC section 10.02.04 F.The Comment[C203]:New language.Replacing 27 performance security shall be accepted by the county prior to the ("this Chapter of this Code° 28 issuance of the first certificate of occupancy for the site development 29 plan. Upon a satisfactory final inspection of the improvements,which 30 shall be no later than 24 months from approval of the site development 31 plan,the performance security shall be returned to the developer.One 32 year extensions may be granted by the Engineering Services Director. 33 . 34 c. Completion of site development plans. Upon completion of the 35 infrastructure improvements associated with a site development plan, 36 and prior to the issuance of a certificate of occupancy,the engineer shall 37 provide a completion certificate as to the improvements,together{with}all 38 applicable items referenced in LDC section 110.02.05 B.2.'C.3. of thin Comment[C204]:Preliminary Acceptance of 39 Gode-Upon a satisfactory inspection of the improvements,a certificate of Required Subdivision Improvements by County Engineer or designee.—The submittal reqs, 40 occupancy may then be Issued. including:Completion Certificate,Applicant's 41 E. Site Improvement Plan Requirements(SIP). Inspection Report,Release of Lien, 42 21. Criteria for Ssite improvement plan review.Submittal of a A site improvement Conveyance Instruments,Construction Plans and Record Drawings,Digital Submissions 43 plan may be reviewed Under the cite improvement plan(SIP)review proceac if 44 the development proposal meets all of the following criteria:seaditiens: 45 a. The project involves a site which is currently improved with principal 46 structures, parking facilities,water and sewer services,and defined 47 ingress/egress. 48 b. The proposed use will not require an expansion of the existing 49 impervious areas to fa}degree which would require an engineering 50 review or otherwise affect on-site surface water management facilities as I:V\dmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LOG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 may be documented by waiver letters from the South Florida Water 2 Management District or Collier County where applicable. 3 c. Written documentation from appropriate agencies acknowledging that 4 water and sewer services are available at the site and are adequate to 5 serve the proposed use. 6 d. Public utility ancillary systems in Collier County will be permitted as 7 insubstantial changes to the Site Development Plan or Site Improvement 8 Plan approved for the water treatment plant,wastewater treatment plant 9 or other facility to which the public utility ancillary systems are 10 subordinate, provided that the requirements of Section 5.05.12 are met. 11 More than one(1)ancillary use may be permitted with one(1)application 12 provided that all uses are connected by the same pipeline.The 13 insubstantial change submittal shall include a signed and sealed 14 boundary survey_of the property or lease parcel; a copy of recorded 15 deed or lease agreement; a recent aerial photograph of the project area; 16 a master plan showing all public utility ancillary systems subordinate to 17 the main water treatment plant,wastewater treatment facility, or irrigation 18 quality(10)system;and a site plan prepared on a twenty-four-inch by 19 thirty-six-inch sheet drawn to scale and setting forth the following 20 information: 21 i. The project title, utility owner, address and telephone number. 22 ii. Legal description, scale,and north arrow. 23 iii. Zoning designation of the subject site(s)and adjacent sites and 24 the proposed use of the subject site 25 iv. Location, configuration and dimensions of all building and lot 26 improvements. 27 v. Location and dimension of access point(s)to the site. 28 vi. Location of existing and proposed landscaping with specifications 29 as to size,quantity and type of vegetation. 30 vii. All required and provided setbacks and separations between 31 structures in matrix form. 32 viii. Any additional relevant information as may be required by the 33 County Manager or his designee. 34 2. Application for site improvement plans.A pre-application meeting shall be 35 conducted by the County Manager or designee, prior to the submission of any 36 site improvement plan for review.This meeting may be waived by the County 37 Manager or designee upon the request of the applicant. 38 a. The Administrative Code shall establish the process and submittal 39 requirements for site improvement plans. 40 b. Projects subiect to the provisions of LDC section 5.05.08 shall submit 41 architectural drawings that are signed and sealed by a licensed architect 42 registered in the State of Florida. 43 c. The site improvement plan set shall be signed and sealed by the 44 applicant's professional engineer, licensed to practice in the State of 45 Florida. 46 d. The landscaping plans shall be signed and sealed by the applicant's 47 landscape architect, registered in the State of Florida. 48 e. Site improvement plan submittal and review.A site improvement plan 49 50 51 i. The project title, property owner, address and telephone number. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 ii. Legal description,scale,and north arrow. 2 iii. Zoning designation of the subject site and adjacent sites and the 3 proposed use of the subject site. 4 5 in p eve nents. 6 v. Location and configuration of parking and loading areas, and the 7 directional movement of internal vehicle traffic 8 • vi. Location and dimension of access point(s)to the site. 9 vii. Parking summary in matrix form, indicating the required and 10 11 viii. Location and configuration of handicapped parking facilities and 12 13 ix. Location,dimension and configuration of existing water 14 management facilities. 15 x. Location of trash enclosures. 16 17 18 xii. All required and provided setbacks and separations between 19 structures in matrix form. 20 xiii. Any additional relevant information as may be required by the 21 County Manager or his designee. 22 3. f.Site improvement plan completion. Upon completion of the required 23 improvements associated with a site improvement plan,and prior to the issuance 24 of a certificate of occupancy, the applicant's engineer shall provide a completion 25 certificate as to the improvements,together with all applicable items referenced 26 in LDC section 10.02.05 B_2.G73,-.ef-this-Geele. Upon a satisfactory inspection of 27 the improvements,a certificate of occupancy may then be issued. 28 g. Performance securities for site development plans. In the case of multi l comment[C205] Relocated above. J 29 30 31 32 33 •.! .! - - 34 35 36 - - •- 37 38 39 - •. 40 -- 41 F. 3 Amendments and insubstantial changes.Any proposed change or amendment to 42 a previously approved site development plan shall be subject to review and approval by 43 the County Manager or his designee. Upon submittal of a plan clearly illustrating the 44 proposed change,the County Manager or Ns designee shall determine whether or not it 45 constitutes a substantial change. In the event the County Manager on is designee 46 determines the change is substantial,the applicant shall be required to follow the 47 review procedures set forth for a new site development plan. 48 1. Site development plan amendments(SDPA).A substantial change, requiring a 49 site development plan amendment,shall be defined as any change which 50 substantially affects existing transportation circulation,parking or building 51 arrangements,drainage, landscaping, buffering, identified I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 preservation/conservation areas and other site development plan 2 considerations. 3 2. Site development plan insubstantial changes(SDP!).The County Manager or 4 his designee shall evaluate the proposed change in relation to the following 5 criteria;for purposes of this section,the insubstantial change procedure shall be 6 acceptable where the following conditions exist with respect to the proposed 7 change: 8 a. There is no South Florida Water Management District permit,or letter of 9 modification, needed for the work and there is no major impact on water 10 management as determined by the Engineering Services 11 Director . 12 b. There is no new access proposed from any public street however 13 minimal right-of-way work may be permitted as determined by the 14 Transportation Planning Directo - --- - 'e• - -•- - - - - . 15 c. There is no addition to existing buildings(air-conditioned space) 16 proposed however a maximum area of 300 square feet of non-air- 17 conditioned space used for storage,or to house equipment,will be 18 permitted. 19 d. There is no proposed change in building footprint or relocation of any 20 building on site beyond that needed to accommodate storage areas as 21 described in LDC section 10.02.03 F,numbcr 3 above. 22 e. The change does not result in an impact on,or reconfiguration of, 23 preserve areas as determined by the Natural Resource 24 Directorcnvironmental cervices director. 25 f. The change does not result in a need for additional environmental data 26 regarding protected species as determined by the Natural Resources 27 Directorcnvironmental cervices director. 28 g. The change does not include the addition of any accessory structure 29 that generates additional traffic as determined by the Transporation 30 Planning Directortransportation planning director, impacts water 31 management as determined by the Engineering Services 32 Director enter,or contains air-conditioned space. 33 h. The change does not trigger the requirements of LDC gsection 5.05.08 34 as determined by the County Manager or his designee. 35 i. There are no revisions to the existing landscape plan that would alter or 36 impact the site development plan(as opposed to only the landscape 37 plan)as determined by the landscape architect. 38 G. 4-Time limits for review,approval, and construction of Ssite development plans 1 39 site improvement plans,and amendments thereof.time limits for review,approval,and, [C206]:Adding SIPs to the time 40 construction frames. 41 1. a. Site development plans,(SDPs)site improvement plans,and 42 amendments thereof,will remain under review so long as a resubmittal in 43 response to a county reviewer's comments is received within 270 days of the 44 date on which the comments were sent to the applicant. If a response is not 45 received within this time,the application for the site development plan site 46 improvement plan,and amendments thereof review will be considered withdrawn 47 and cancelled. Further review of the project will require a new application subject 48 to the then current LDCse4e. 49 2. iaApproved site development plans,site improvements plans, and 50 amendments thereof(SDPs)shall remain in force for free-(3)-years from the 51 date of approval, as determined by the date of the SDP approval letter. If I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Toxt strikethrough is current text to be deleted from LDC Bold text indicates a defined term 1 construction has not commenced within 3 years,the 2 approval term will expire and the SDP approval of the site development plan, 3 site improvement plan, and amendments thereof is of no force or effect.An 4 amendment to the SDP may be applied for and may be granted prior to the 5 original expiration date,so long as the proposed amendment complies with the 6 LDC requirements in force at the time of the SDP amendment submittal.The 7 SDP amendment shall remain in effect for 3 years from the date of approval,as 8 determined by the date of the SDP amendment approval letter.Two-year 9 extensions for the approved site development plan,site improvement plan, and 10 amendments thereof amendment may be granted.A 11 maximum of twe-(2)extensions may be granted before an SDP amendment is 12 required. 13 3. c. Once construction has commenced,the approval term shall be 14 determined as follows.The construction of infrastructure improvements approved 15 under ap site development plan, site improvement plan,or amendments thereof 16 SDP or SDP Amendment shall be completed,and the project engineer's 17 completion certificate provided to the Engineering and Environmental Services 18 Director,within 30 months of the pre-construction conference,which will be 19 considered the date of commencement of construction.Twoyear extensions to 20 complete construction may be granted.A maximum of two extensions may be 21 granted before an amendment is required and the extension is reviewed for LDC 22 compliance. Each request should provide written justification for the extension 23 and shall be submitted to,and approved by the County Manager or designee 24 prior to expiration of the then effective approval term.Thereafter,once the site 25 development plan,site improvement plan,or amendments thereof SDP or SDP 26 Amendment approval term expires the site development plan,site improvement 27 plan,or amendments thereof-S-13R is of no force or effect. 28 15. Violations. No building permit or certificate of occupancy shall be issued except Comment[C207]:Relocated above,10.02.031 29 in compliance with the approved site development plan.Violation of the terms !'?O_ _ ) 30 identified in the approved site development plan shall constitute a violation of this 31 Bede: 32 H. 6. Electronic data requirements for site development plans,site improvement 33 plans, and amendments thereof.After the final site development plan has been 34 approved by the County Manager or his designee for compliance with the LDC this Code 35 as provided in this section,the applicant's professional engineer shall also submit 36 digitally created construction/site plan documents, 1 disk(CDROM)of the master plan 37 file,including,where applicable,easements,water/wastewater facilities,and 38 stormwater drainage system.The digital data to be submitted shall follow these 39 formatting guidelines:All data shall be delivered in the state plane coordinate system, 40 with a Florida East Projection,and a North American Datum 1983/1990(NAD83/90 41 datum),with United States Survey Feet(USFEET)units;as established by a Florida 42 registered surveyor and mapper.All information shall have a maximum dimensional 43 error of+0.5 feet. Files shall be in an AutoCad(DWG)or Digital Exchange File(DXF) 44 format; information layers shall have common naming conventions(i.e.right-of-way- 45 ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan to be deemed 46 complete,the layering scheme must be readily understood by county staff.All property 47 information(parcels, lots,and requisite annotation)shall be drawn on a unique 48 information layer,with all linework pertaining to the property feature located on that 49 layer. Example: parcels—All lines that form the parcel boundary will be located on 1 50 parcel layer.Annotations pertaining to property information shall be on a unique layer. 51 Example: Lot dimensions—Lottxt layer. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 # # # # # # # # # # # # # 2 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Administrative Code/LDC Amendment Overview Admin Code Ch 5 C PSP, PPL,CNSTR, FP, Plat Recording,Vacation of Subdivision Section and Title: Plats LDC Notice N/A Section: LDC Changes: 10.02.04: • 10.02.04 was completely rewritten. • The requirements, review process,exceptions,approval process were all integrated and the language was not clear. • Provisions were reorganized within the section and it was organized to follow the procedural order of work and approval. • Provisions were added because they are common procedures, including Minor Final Plats,Construction Plans,and various types of changes to plats and plans. Revision: 6/6/13 CC 2 3 10.02.04 Submittal Requirements for Preliminary and Final Subdivision Plats 4 5 This section shall be read in coniunction with subdivision design standards, in particular, LDC 6 Chapters 3,4,and 6. 7 8 A. Requirements for Preliminary Subdivision Plats(PSP).A preliminary subdivision plat 9 provides an overall scheme of development for a subdivision. It may be used when 10 only one phase of a multi-phased development is to be constructed]Except for an comment[c208]:New language 11 integrated phased development,a preliminary subdivision plat is optional while a 12 final subdivision plat is mandatory. 13 1. Generally. 14 a. Approved zoning. No preliminary subdivision plat shall be approved 15 prior to final approval of the zoning or planned unit development for the 16 proposed subdivision. `Comment[C2o9] From prior 10.02 04 A.4.c 3 17 b. No development shall be allowed prior to approval of the construction 18 plans and final subdivision plat,except for the early work authorization Comment[C2101:Modified.From prior 19 (EWA)permit and early construction authorization(ECA)permit pursuant 10.02 A.a.d 20 to pursuant to LDC section 10.02.00] Comment[C211]:10.02.04 A.5:A preliminary subdivision plat application shall be submitted 21 c.. Integrated phased developments.A preliminary subdivision plat in accordance with this section for any 22 application shall be submitted in accordance with this section for any integrated phased development,aalessthae 23 integrated phased development. - 24 2. Application for preliminary subdivision plats. 25 a. The Administrative Code shall establish the process and submittal 26 requirements for a preliminary subdivision plat. resarded 27 b. A preliminary subdivision plat shall include the entire property to be ,, Comment[C212]:From prior n .2 A preliminary subdivision plat shall include the 28 subdivided and recorded, entire property to be subdivided.Added and 29 b. I The preliminary subdivision plat shall be prepared by the applicant's recorded" 30 professional engineer and surveyor. Comment[C213]: Relocated from A.2 31 d. The boundary survey for the preliminary subdivision plat shall be signed The preliminary subdivision plat shall be prepared by the applicant's engineer and 32 and sealed by a land surveyor registered in the State of Florida. surveyor.Land planners,landscape architects, 33 0. Review by County Manager or designee.County Manager or designee shall architects,and other technical and professional 34 approve,approve with conditions, or deny the preliminary subdivision plat persons may assist in the preparation of the 35 utilizing the standards established in LDC chapters 3,4,6,and other provisions Preliminary subdivision plat. �omment[C214]:From prior 10.004A.1.o J I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 of the LDC.The decision to approve with conditions,or deny the preliminary 2 subdivision plat may be appealed to the Board of County Commissioners 3 pursuant to Code of Laws and Ordinances section 250-58. If the County (comment[C215]:Updated cross reference. 4 Manager or designee should deny the preliminary subdivision plat, he shall I Formerly,cross referenced section 10.02.02 of 5 state in writing reasons for such denial and shall cite the applicable code or the LDC 6 regulatory basis for the conditions or denial. 7 4. Amendments.Any amendment to the approved preliminary subdivision plat I Comment[C216]:Modified.From 10.02.05 8 desired by the applicant shall be reviewed and utilize the standards established A5 9 in LDC chapters 3,4,6, and other provisions of the LDC.The County Manager or 10 designee shall have the authority to approve amendments to the approved 11 preliminary subdivision plat provided those amendments are based on 12 generally accepted,sound. professional engineering principles and practices in 13 the state.Amendments shall be made prior to the processing of the construction 14 plans and final subdivision plat. Requests for amendments shall be in writing in 15 the form of an amended preliminary subdivision plat and shall provide clear and 16 convincing documentation and citations to professional engineering studies, 17 reports or other generally accepted professional engineering services in the state 18 to substantiate the amendment requested. 19 5. Conditions.I The County Manager or designee has the authority to approve Comment[C217]:Existing language from 20 requests for substitutions to the design standards contained in the LDC provided `10.02.04A3.Minimal changes. 21 those requests are based on generally accepted,sound and safe, professional 22 engineering principles and practices. Requests for substitutions shall be made in 23 writing and shall provide clear and convincing documentation and citations to 24 professional engineering studies, reports or other generally accepted 25 professional engineering sources to substantiate the substitution requested. 26 6. Timing of development.Within 2 years after the date of written approval or Comment[C218]:Modified and relocated 27 approval with conditions of the preliminary subdivision plat,the applicant shall from 10.02.05A.1. J 28 prepare and submit to the County Manager or designee the construction plans 29 and final subdivision plat for at least the first phase of the proposed 30 subdivision. Each subsequent phase of the preliminary subdivision plat shall 31 be submitted within 2 years after the date of written approval of the immediately 32 preceding phase of the proposed subdivision. 33 a. Extensions.Two,2-year extensions to submit the construction plans and 34 final subdivision plat shall be granted for good cause shown upon 35 written application submitted to the County Manager or designee prior to 36 expiration of the preceding approval.When granting an extension the 37 County Manager or designee shall require the preliminary subdivision 38 plat be modified to bring the project into compliance with the LDC at the 39 time of the extension request. 40 7. No vested rights. It is hereby expressly declared that the intent of this section is {Comment[C219]:Existing language from 41 to create no vested rights in the applicant or owner of property which obtains l prior 10.02.04 A.4 Minimal changes_ 42 approval of a preliminary subdivision plat, and the County shall not be estopped 43 to subsequently deny approval of the construction plans and final subdivision 44 plat based on changes in federal,state,or local laws or regulations,or upon any 45 other facts or circumstances subsequently arising or considered which would 46 adversely affect the feasibility or desirability of the preliminary subdivision plat, 47 nor shall the County be estopped to deny any rezoning in which a preliminary 48 subdivision plat is submitted in support of such rezoning. 49 B. Construction Plans and Final Subdivision Plats(PPLs).Construction plans and final 50 subdivision plats are commonly referred to as"plans and plat." ,Comment[C22o]:New language I:\Admin Code 2012\Current Work\Admin Code LDC AmendmentQrr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 1. Generally. Final subdivision plat approval by the Board of County 2 Commissioners is required before a final subdivision plat can be recorded. 3 a. No final subdivision plat shall be approved by the Board until the 4 construction plans have been reviewed and accepted by the County 5 Manager or r section designee,except for a minor final subdivision plat pursuant (-Comment[C221]:From prior 10.02.04.B.3.a ) 04 D. 7 P. The review and approval of construction plans does not authorize the 8 construction of required improvements which are inconsistent with 9 existing easement(s)of record. (Comment[C222]:From 10.02.04 B.2 ) 10 c. The required improvements shall be completed prior to recordation of the — - 11 final subdivision plat unless the applicant files a subdivision 12 performance security as identified in LDC section 10.02.04 F with the 13 County. 14 d. Where approval of construction plans and final subdivision plats will 15 lead to the level of service for any public facility being reduced below the 16 level established by the growth management plan for Collier County,the 17 County shall deny approval to proceed with development until the 18 requirements of LDC section 10.02.07 have been met. 19 2. Application for Construction Plans and Final Subdivision Plats. 20 a. The Administrative Code shall establish the process and the submittal 21 requirements for construction plans and final subdivision plats.For 22 projects incorporating townhouse development on fee simple lots, 23 additional submittal requirements are required and identified in the 24 Administrative Code.All requirements established in this section shall 25 also apply to townhouse development on fee simple lots. :)mment[C223]:From prior 10.02.0413.4 ) 26 h. Construction plans for all of the improvements required by this section Comment[C224]:10.02.05 E.1 ) 27 shall be signed and sealed by the applicants professional engineer, 28 licensed to practice in the State of Florida. 29 c.l Final subdivision plats shall be signed and sealed by a land surveyor comment[C225]:From prior 10.02.04 B.5 30 registered in the State of Florida.The final subdivision plat shall be 31 prepared in accordance with the provisions of F.S.ch. 177, as may be 32 amended,and shall be clearly and legibly drawn with black permanent 33 drawing ink or a photographic silver emulsion mylar to a scale of not 34 smaller than 1 inch equals 100 feet. 35 d'I The final subdivision plat shall conform to the approved preliminary (Comment[C226]:From prior 10.0204 B.3.b j 36 subdivision plat and shall constitute only that portion of the approved 37 preliminary subdivision plat which the applicant proposes to construct. 38 e. Improvements for construction plans and final subdivision plats are 39 identified in the LDC section 10.02.04 C,and are required in coniunction 40 with the subdivision and development of any and all property pursuant 41 to LDC section 10.02.03 within the unincorporated areas of the County. 42 All required improvements shall be designed and constructed in (comment[C227]:'Air repladng"Any" ) 43 accordance with the design requirements and specifications of the entity 44 having responsibility for approval, including all federal,state,and local 45 agencies.Construction plans for final subdivision plats shall include at a 46 minimum: 47 i. Streets,sidewalks,paving,grading,and water management -{_Comment[C228]:New language ) 48 (drainage); 49 ii. Bridges and culverts; -(Comment[C229]:New language ) I:\Admin Code 2012\Current Work\Admin Code LDC Amendment?o1 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 iii. Water and sewerage systems, including,where applicable,water 2 reuse/irrigation pumping,storage and transmission/distribution 3 systems; 4 iv. Street lighting. Plans for streetlights shall bear the approval of the 5 utility authorities involved. If the street lighting system is to be 6 privately owned and maintained by a property owners'association 7 or similar entity, it shall be designed by the applicant's engineer; 8 v. Landscaping within public rights-of-way, parks, recreational 9 areas;and 10 vi. Parking areas. 11 3. County Manager review of construction plans and final subdivision plats. Comment[C230]:10.02.04 B.3.a.-b. 12 a. The County Manager or designee shall review and evaluate the Intent maintained.Completely rewritten.From 13 construction plans and final subdivision plat in conformance with the prior 10.02.05 A.2 14 LDC,in particular sections 10.02.04 B and 10.02.04 C,and F.S.ch. 177. 15 The County Manager or designee shall review and evaluate the 16 construction plans and final subdivision plat in light of the requirements 17 established in the LDC and Administrative Code. Based on the review 18 and evaluation,the County Manager or designee shall approve,approve 19 with conditions,or deny the construction plans and final subdivision plat. 20 If the construction plans and final subdivision plat is denied,then the 21 final subdivision plat shall not be submitted to the Board until the 22 construction plans and final subdivision plat have been approved or 23 approved with conditions by the County Manager or designee.The 24 approval of the County Manager or designee is subiect to Board approval, 25 noted below. 26 b. If the constructions plans and final subdivision plat are approved or 27 approved with conditions by the County Manager or designee,the County 28 Manager or designee shall recommend that the Board approve.approve 29 with conditions,or deny the final subdivision plat. If the County Manager 30 or designee denies or places conditions on the construction plans or 31 recommends denial or conditions on the final subdivision plat, he shall 32 state reasons and cite the applicable code or regulatory basis for the 33 decision. 34 c. Once the construction plans and final subdivision plats are submitted by (Comment(C231]:Prior 10.02.05 E.2.s 35 the applicant for review by the County Manager or designee,they will 36 remain under review so long as a resubmittal in response to a county 37 reviewer's comments is received within 270 days of the date on which the 38 comments were sent to the applicant. If a response is not received within 39 this time,the application for construction plans and final subdivision plat 40 review will be considered withdrawn and cancelled. Further review of the 41 proiect will require a new application and the appropriate fees paid by the 42 applicant. 43 d. Digital submission.After the final subdivision plat has been approved by 44 the County Manager or designee for compliance with the LDC. as 45 provided in this section,the applicant shall resubmit 5 certified sets of 46 the approved construction plans along with approved copies of all 47 required county permits.The applicant's professional engineer shall also 48 submit a digitally created construction/site plan documents, 1 disk 49 (CDROM)of the master plan file, including,where applicable, 50 easements,water/wastewater facilities, and stormwater drainage 51 system.The digital data too be submitted shall follow these formatting I:Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 guidelines:All data shall be delivered in the state plane coordinate 2 system,with a Florida East Projection,and a North American Datum 3 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) 4 units;as established by a Florida registered surveyor and mapper.All 5 information shall have a maximum dimensional error of+0.5 feet. Files 6 shall be in an AutoCad(DWG)or,Digital Exchange File(DXF)format; Comment[C232]:New language for mapping 7 information layers shall have common naming conventions(i.e. right-of- (purposes 8 way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan 9 to be deemed complete,the layering scheme must be readily understood 10 by county staff.All property information(parcels, lots,and requisite 11 annotation)shall be drawn on a unique information layer,with all linework 12 pertaining to the property feature located on that layer. Example: 13 parcels—All lines that form the parcel boundary will be located on 1 14 parcel laver.Annotations pertaining to property information shall be on a 15 unique laver. Example: lot dimensions—Lottxt laver. 16 4. Board approval Iown of approval final al sf approval with CSI (Comment[c233]:From prior 10.02.05 a3 Following conditions by the County Manager or 18 designee,the County Manager or designee shall place the final 19 subdivision plat on the consent agenda for its next available regularly 20 scheduled Board hearing.The Board shall consider approval of the final 21 subdivision plat together with the approval of standard form,the 22 Construction Maintenance Agreement, and approval of the amount of 23 performance security for the required improvements based on the 24 estimate of probable cost. ^ 25 b. If all members of the Board consent to the recommendation of the County 26 Manager or designee,then the recommendation of the County Manager 27 or designee on the final subdivision plat shall remain on the consent 28 agenda and the final subdivision plat shall be approved. If any member 29 of the Board objects to the recommendation of the County Manager or 30 designee or otherwise requests discussion on the recommendation,then 31 the recommendation shall be taken off the consent agenda and may be 32 discussed or scheduled for a subsequent hearing date.After due notice of 33 the hearing to the applicant,the Board shall hold a hearing on the final 34 subdivision plat.At the hearing,the Board shall consider the County 35 Manager or designee's recommendation and shall take evidence and 36 testimony in regard to the final subdivision plat requirements identified 37 in LDC sections 10.02.04 B and 10.02.04 C,and other provisions of the 38 LDC.The Board shall approve,approve with conditions, or deny the final 39 subdivision plat. If the Board of denies or places conditions on the final 40 subdivision plat, it shall state reasons for such denial or conditions. 41 c. Approval of the final subdivision plat shall not constitute acceptance of 42 public dedicated facilities.Acceptance of any such dedicated public 43 facilities and responsibility for their maintenance shall be by separate 44 resolution of the Board of County Commissioners. See LDC section 45 10.02.05 C.3. 46 5. Insubstantial changes and amendments to construction plans and final 47 subdivision plats. 48 a. Insubstantial Changes to Construction Plans(ICP). Following approval by 49 the County Manager or designee of the construction plans,the applicant 50 may request insubstantial changes to the construction plans. I:\Admin Code 2012\Current Workl,dmin Code LDC Amendment?oar CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Toxt ctrikethrough is curront text to bo dclotcd from LDG Bold text indicates a defined term 1 i. Application.The Administrative Code shall establish the process 2 and the submittal requirements for an insubstantial change to the 3 construction plans.Construction plans shall be prepared pursuant 4 to LDC section 110.02.04 B.1 Comment[C234]:This is for the engineers 5 b; Following approval by the Board of the final subdivision plat, but prior to signed and sealed construction plans. 6 recordation,the County Manager or designee may approve minor Comment[C235]:From Prior 10.02.05.A.4.ix 7 insubstantial changes to the final subdivision plat. Insubstantial changes No application... 8 are insignificant to the project,such as a correction or change on the 9 cover sheet. 10 c. Following approval by the Board of the final subdivision plat, but prior to 11 recordation,the Board may approve amendments to the final 12 subdivision plat This is commonly referred to as a"PPLA." 13 i. Application.The Administrative Code shall establish the process 14 and the submittal requirements the final subdivision plat 15 amendment.The final subdivision plat shall be prepared 16 pursuant to LDC section 10.02.04 B. [Comment[C23e]:This is for the surveyors 17 P. Relationship of Final Subdivision Plats to Site Development Plans. No site signed and sealed plat 18 development plan may be accepted for concurrent review with a preliminary Comment[C237]:From prior 10.02.04 C 19 subdivision plat.Once the preliminary subdivision plat has been approved, C.-Updated language 20 site development plans may be submitted for review concurrent with the 21 submittal of the final subdivision plat. No site development plan may be 22 approved until the final subdivision plat receives administrative approval,and 23 no building permits may be issued until the final subdivision plat is recorded, 24 unless otherwise provided for in the LDC. 25 7. Timing of recording and development. 26 a. Recording.Within 18 months of the date of approval of the final [Comment[C238]:From prior 10.02.04 B.3.c 27 subdivision plat by the Board,the applicant shall submit the final (Comment[C23-9-]:-10.02.04-13.-3.b 28 subdivision plat to the County Manager or designee for recording. - 29 b. Required improvements to be completed.The improvements required for rComment[C240]:From 10.02.05A.1. 30 the final subdivision plat shall be completed within 18 months from the Comment[C241]:This ties it back to timing of 31 date of approval by the Board unless a written extension request is development for phased development,starting at the PSP process(which is mandatory for 32 approved by the County Manager or designee. integrated phased development) 33 c. Integrated phased development. Each subsequent phase of the proiect Comment[C242]: 10.02.04 C.12 Relocated fl 34 shall be submitted within 2 years following the date of written approval of from 10.02.05 E.3.This section was modified to 35 the most recently approved final subdivision plat in accordance with reflect the required improvements identified in the estimate of probable cost.The section was 36 LDC section 10.02.04 A.6. reorganized and identifies the cross references 37 C. Required Improvements.17he following improvements in this section are required in in numerical order.Out of date provisions were 38 coniunction with the subdivision and development of any and all property pursuant to not retained. -_ - _ 39 section 10.02.03 and 10.02.04 within the unincorporated areas of Collier County. Comment[C243]:10.02.04 C.1 from 40 1. Elevation, land filling, excavation 10.02 05 E.3.g ,and demolition requirements for all _ _-_ -_ 41 development,pursuant to LDC section 4.01.01. [Comment[C244]:10 02 04 C.2 from l 10.02.05E 3 i 42 ?. Monuments and control points, pursuant to LDC section 4.03.07.43 3. Streets and access improvements, pursuant to LDC section 4.03.08 A.All Comment[C245]:10 02.04 C.3 from 10.02.05 E.3.n.i 44 subdivision streets,access improvements and related facilities,whether public = 45 or private, required to serve the proposed development shall be constructed by Comment[C246]:10.02.04 C.5 from 10.02.05 E.3.e i 46 the applicant. - =-_ == — - 47 4G Water management system, pursuant to LDC section 4.03.08 B. t[C247]:10.02.04C.7from 10 10 0202.05 05 E.3.h 48 5. Fire hydrants,pursuant to LDC section 6.04.03. -=- Comment[C248]:10 02 04 C.8 from 49 6. Canals,pursuant to LDC section 6.05.01 E. 10.02.05 E.3.d 50 7F 'Bridges and culverts, pursuant to LDC section 6.06.01 M.The bridge or culvert Comment[C249]:10 02 04 C.14 from 51 design shall be prepared by a professional engineer. 10.02.05 E.3.c I:Wdmin Code 2012\Current Work\Admin Code LDC Amendmer1 To4r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 8. Landscape buffers,pursuant to LDC section 6.06.01 0.1. __--- Comment[C250]:10.02.04 C.15 from 2 9. Plantings,trees, and grass for landscaping and buffers,pursuant to LDC section . (10.02 05 E.3.n.ii.(b) 3 6.06.01 0.2. Comment[C251]:10.02.04 C.16 from 4 10. Pavement painting and striping, pursuant to LDC section 6.06.01 Q. [10.02 O5 E.3.k 5 11. Traffic control devices, pursuant to LDC section 6.06.01 R. [Comment[C252] 10.02.04 C.18 from 6 12. Sidewalks,pursuant to LDC section 6.06.02. 10.02.05 E 3.0 7 !13. Streetlights,pursuant to LDC section 6.06.03. Comment[C253]:10.02.04C.19from 8 14. Sanitary sewer systems,pursuant to Collier County Utilities Standards and 10.02.05 E.3.p 9 Procedures Ordinance 2004-31, as amended. +Comment[C254]:Sidewalks-new language. 1 10 15. Parks,protected areas,preservation areas,conservation areas, recreational l A part of the J 11 areas,and school sites. Lomment[C255] Streetlights new language 12 a. Parks, protected areas,preservation areas,conservation areas. Parks 1 Comment[C256]:1002.04C20from l 13 protected areas,preservation areas and conservation areas shall be 10.02.05E 31 J 14 dedicated and/or conveyed in accordance with applicable mandatory [Comment[C257] 10.02.04 C.21 from l 15 dedication requirements and regulations of federal,state and local 10.02.05•E.3.j 16 agencies. 17 b. Recreational areas. Recreational areas shall be dedicated and/or 18 conveyed in accordance with applicable mandatory dedication and/or 19 conveyance requirements and regulations of federal,state and local 20 agencies. 21 c. School sites.School sites shall be dedicated and/or conveyed in 22 accordance with applicable mandatory dedication and/or conveyance 23 requirements and regulations of federal,state and local agencies. 24 16. Shoreline and waterway alterations and additions.'All requests for the Comment[C258]:10.02.04 C.22 from ----• 25 construction of seawalls, bulkheads,shoreline and waterway alterations and (10.02.05E.3.m 26 additions shall be submitted to the County Manager or his designee.After review 27 by the County Manager or his designee the proposed facility or alteration shall be 28 approved, approved with conditions or denied.The use of vertical seawalls as a 29 method of protecting shorelines and lands adiacent to waterways shall be 30 discouraged except for development lakes,and applicants shall be encouraged 31 to utilize alternate methods of accomplishing shoreline protection and waterway 32 facilities installation.Whenever possible, all proposed construction of seawalls, 33 bulkheads,shoreline and waterway alterations and additions shall be designed 34 to afford the maximum protection to the environment of the area.Any state or 35 federal permits required for construction must be submitted to the County 36 Manager or his designee prior to the commencement of construction. 37 D. General Requirements for a Minor Final Subdivision Plat(FP). 38 1. Generally. Minor final subdivision plat approval may be requested as an 39 alternative to construction plans and final subdivision plat if the following criteria 40 are met: 41 a. No preliminary subdivision plat is submitted or approved. 42 b. Required improvements are not required for the subdivision. 43 c. No security performance bond is required for the subdivision. 44 d. No phasing is required or proposed for the subdivision. 45 e. The subdivision is not part of a planned unit development. 46 2. Application and process. 47 a. The Administrative Code shall provide the process and submittal 48 requirements for a minor final subdivision plat. Minor final subdivision 49 plats shall be in conformance with F.S.ch. 177 and the LDC, as 50 applicable. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment fo5CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. Minor final subdivision plats shall be signed and sealed by a land 2 surveyor registered in the State of Florida.The minor final subdivision 3 plat shall be prepared in accordance with the provisions of F.S. ch. 177, 4 as may be amended,and shall be clearly and legibly drawn with black 5 permanent drawing ink or a photographic silver emulsion mylar to a scale 6 of not smaller than 1 inch equals 100 feet. 7 c. Minor final subdivision plats shall be reviewed and approved pursuant 8 to LDC section 10.02.04 B.3—B.4 as applicable. 9 d. Minor final subdivision plats shall be recorded pursuant to LDC section 10 10.02.04 F. 11 E. General Requirements for Construction Plans(CNSTR). 12 1. Generally. Construction plan approval may be requested when no platting or 13 recording of property is required.This process allows for the review of 14 construction plans separate from a final subdivision plat. 15 a. The review and approval of construction plans does not authorize the 16 construction of required improvements which are inconsistent with 17 existing easement(s)of record. 18 2. Application and process. 19 a. The Administrative Code shall provide the process and submittal 20 requirements for construction plans.Construction plans shall be in 21 conformance with LDC section 10.02.04 B and C.as applicable. 22 b. Construction plans for all of the improvements shall be signed and sealed 23 by the applicant's professional engineer. (Comment[C259]:From 1a02.05 E.1 24 c. Construction plans shall be reviewed and approved pursuant to LDC 25 section 10.02.04 B.4. as applicable. 26 3. Insubstantial changes.An applicant may request insubstantial changes pursuant 27 to LDC section 110.02.04 B.5.a.i [Comment[C260]:'CF. j 28 F. Recordation of the Final Subdivision Plat. 29 1. Generally.No building permits for habitable structures shall be issued prior to 30 approval by the Board of County Commissioners and recordation of the final 31 subdivision plat,except as provided in LDC sections 5.04.04 and 10.02.04 B.8, (Comment[C261]:From prior 10.02.05 A.4 32 as applicable. 'Comment[C262]:5.04.04—Model Homes 33 2. Posting of subdivision performance security at the time of recording. and Sates Centers. 34 a. The final subdivision plat shall not be recorded until a subdivision 35 performance security for the construction of the required improvements, 36 both on-site and off-site, has been posted by the applicant and approved 37 and accepted by the Board or the County Manager or designee on behalf 38 of the Board. 39 b. The applicant's professional engineer shall prepare an opinion of the 40 probable construction cost or the actual contractor's bid price,which 41 includes the cost of all required improvements, to determine the amount 42 of the subdivision performance security. 43 i. If no construction of the required improvements has begun at the 44 time of posting of the subdivision performance security,the 45 security shall be an amount equal to 110 percent of the sum of 46 construction costs for all on-site and off-site required 47 improvements based on the applicant's professional engineer's 48 opinion of the probable construction costs or contract bid price. 49 ii. If construction of the required improvements has begun at the time 50 of posting the subdivision performance security,the security 51 shall be in an amount equal to 10 percent of the applicant's I:\Admin Code 2012\Current Work\Admin Code LDC Amendment Tour CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 professional engineer's opinion of the probable construction cost 2 or contract bid price,plus 100 percent of the required 3 improvements to be completed,such as the final lift of asphalt and 4 uncompleted sidewalks. 5 iii. If construction of all required improvements has been completed 6 and accepted by the Board at the time of recording,only a 7 performance maintenance guarantee at an amount equal to 10 8 percent of the applicants professional engineer's opinion of the 9 probable construction cost or contract bid price shall be provided. 10 iv. No subdivision performance security shall be required where 11 improvements are to be constructed by a general-purpose 12 government such as a county or municipality, a local school 13 district,or state agency.A subdivision performance security shall 14 be required of an independent special-purpose government such 15 as a community development district(CDD). 16 c. The subdivision performance security shall be prepared pursuant to 17 Appendix A of the LDC and shall be one of the following forms: 18 i. Construction,maintenance,and escrow agreement,or 19 ii. Construction Maintenance Agreement and one of the following: 20 (a) Cash deposit agreement with the County,or 21 (b) Irrevocable standby letter of credit, or 22 (c) Surety bond. 23 d. Once the form of a subdivision performance security has been approved i Comment[C263]:From prior 10.02.05 n a b- i 24 and accepted by the Board,alternate securities, in a format approved by I last part of paragraph i 25 the County Attorney, may be approved by the County Manager or 26 designee, on behalf of the Board. 27 3. Recordation Procedure'.After approval of the final subdivision plat by the Comment[C264] Recording Procedure 28 Board, but prior to the recording of the final subdivision plat with the clerk of the (section from 10.0205A.4.0 29 circuit court,the following shall occur: 30 a. The applicant shall obtain all of the signatures on the original plat cover 31 sheet(s)that are associated with the applicants obligations and shall 32 submit the original final subdivision plat, and any separate consents,or 33 opinions or certifications of title,to the County Manager or designee. 34 b. The applicant shall provide 3 copies and 1 mylar of the recorded final 35 subdivision plat and accompanying documents to the County Manager 36 or designee. 37 c. Simultaneously with the submission of the executed final subdivision 38 plat to the County Manager or designee,the applicant shall also submit 39 in accordance with F.S.ch. 177,at no expense to the County,either a 40 title opinion from an attorney licensed to practice in the State of Florida or 41 certification from a title company.The effective date of the title opinion or 42 certification must be no more than 30 days prior to the submission of the 43 final subdivision plat to the County Manager or designee and must 44 contain all of the following: 45 i. A legal description of at least the lands being platted; 46 ii. A statement that the attorney is licensed to practice in the State of 47 Florida and that the attorney has examined title to the subiect real 48 property,if a title opinion is being provided; 49 iii. Identification of the exact name of any person who is the record 50 owner of the subiect real property and a specific citation to the 51 official records book and page,where each record legal owner I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 obtained title to the subject real property.The title information 2 shall include a copy of said instrument(s)of conveyance: and 3 vi. Identification of liens,encumbrances,easements, or matters 4 shown or that should be shown as exclusions to coverage on a 5 title insurance policy.As may be applicable,the title information 6 shall include in a neatly bound fashion and make citation to the 7 recording information of all referenced liens,encumbrances, 8 easements,or exclusions.The title information shall include a 9 copy of any such instruments. 10 d. Payment of recording and copy fees. Upon compliance with this section 11 and payment of fees by the applicant.the County Manager or designee 12 shall record the final subdivision plat with the clerk of the circuit court in 13 the official records of Collier County, Florida. 14 e. Construction and Maintenance Agreement.The applicant shall enter into Comment[c265]:Prior 1o.o2.o4 B.3.b 15 a construction and maintenance agreement with the County, in a form (second half of provision) 16 acceptable to the County Attorney,which establishes the terms and 17 conditions for the construction and maintenance of the improvements 18 required during the 18-month construction period or a time frame 19 established in an approved extension request by the County Manager or 20 designee.This agreement shall be submitted with the final subdivision 21 plat for review and approval and shall be executed by all parties at the 22 time of recording of the final subdivision plat. 23 f. Recording of other documents. If any dedications,grants, conveyances, 24 easements, consents(including mortgagee consents), reservations, 25 covenants, or other like instruments are to be recorded by separate 26 instrument simultaneously with the final subdivision plat, appropriate 27 fees and original documentation must be provided by the applicant to the 28 County Manager or designee for processing and recording by the clerk of 29 court.All documents shall be submitted prior to or at the time of recording 30 of the final subdivision plat. 31 q. Supporting"gap"title information.Within 60 days of recordation of the 32 final subdivision plat in the official records of Collier County, Florida,the 33 applicant,at no expense to the County,shall submit to the County 34 Manager or designee final supporting"gap"title information.The final 35 supporting title information must meet all of the requirements of 10.02.04 36 F.3.c,except as to the effective date. Receipt and approval of the"gap" 37 title information is a condition precedent to preliminary acceptance of 38 subdivision improvements by the Board. 39 h. The effective date of the supporting"gap"title information must be 40 through the date of recordation of the final subdivision plat and must, at 41 a minimum, cover the"gap"between the time the effective date of the 42 information required by 10.02.04 F.3.c above,when submitted and the 43 date of recording of the final subdivision plat.The final supporting"gap" 44 title information must include a copy of any required instruments not 45 previously provided in connection with submittals for the recording of the 46 final subdivision plat. 47 G. Vacation and annulment of subdivision plats.Vacation and annulment of a 48 subdivision plat shall be in accordance with F.S. ch. 177.101, as may be amended, 49 and Collier County Resolution 2006-160,as amended. 50 A. Preliminary zubdivision plat requirements 51 1. Procedures for preliminary subdivision plat. I:Wdmin Code 2012\Current WorMAdmin Code LDC Amendment Torn CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. Optional.The preliminary subdivision plat process is not mandatory, but 2 3 - 4 _ -- -•- - _ - _ - . - _ _ -- •- 5 6 subdivision plat.Also, nothing in this section will be construed to affect 7 the mandatory nature of a final subdivision plat. Comment[C266]:Out dated and repetitive. 8 •_-__ --_-____ - See 10.02.04 A. 9 to adanden/canGol any CP th4t was 10 o = 11 12 thou tho only prococc that will loo applicablo to that applicant is 13 14 _• -_ _- _ c = _--_—• __ _ _ '-' 15 _ 16 roquiro a coparato Final Plat according to procoduroc in offoet at 17 Comment[C267]:Deleted in entirety.Out 18 b. Initiation. In order to initiate an application fora preliminary subdivision dated language. 19 plat, thc applicant shall prepare and submit to the County Manager or his 20 designee a preliminary subdivision plat which meets thc requirements 21 contained in this section.I Comment[C268]:Replaced with reference to 22 c. Review and determination of approval,approval with conditions,or denial Admin Code.See 10.02.04 A_3 23 24 25 - 26 the preliminary subdivision plat requirements established in this section. 27 28 - - - - _ - •• _ 29 30 - - - --- - - _ _-- - - 31 Commissioners pursuant to the provisions of section 10.02.02 of this Comment[C269]:Changed to Code of Laws 32 Code. If the County Manager or his designee should deny or place section 250-58,the appeals section 33 conditions on the preliminary subdivision plat, he shall state in writing 34 - - -- 35 or regulatory basis for the conditions or denial. Said determination may be 36 appealed to the County Board of Commissioners. Comment[C270]:Relocated to 10.02.04 A.3 J 37 2. Preliminary subdivision plat submission requirements.The preliminary 38 subdivision plat process is optional.The optional nature of this process will in no 39 - 40 41 --•-• -- - - -" - - 42 likewise not affected by the optional nature of the p - _ C: . _• _ 43 submission proccr.s. Comment[C271]:Majority relocated to 44 A preliminary subdivision plat e __ _ - _ __ -- _ -- • - 10.02.04A 45 _ __ -_ ----c------_--_ __ _-------- ----- IComment[C272]:Moved to Admin Code 46 =_:__ -- -_s = - - - _:_'= = ___ '`'_= = section and10.02.04A.3.b 47 _• :n = _ -_:. 48 49 and surveyor. Land planners, landscape architects, architpet a d ethor 50 technical and professional persons may assist in the preparation of the 51 • - • _e e • e- e •- - - *" . . - __ _ - -_ [Comment section elocated to 10.02.04 A.2 Comment[C273]:Relocated- - p- - -e e • - ' - Applicatio 1:1Admin Code 20121Current WorMAdmin Code LDC Amendment Tour CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LOG Bold text indicates a defined term 2 •--• _ 3 where po-siblc. Exceptions for overhad installations may bc considered upon 4 _- - _ • . -• .. •- • •- ---• a - •- - - - - - -- - - - - _ - Comment[C274]:Provision addressed in 5 preliminary subdivision plat shall include or p -, - - , -- _ _ LDC section 6.06.01.Added to Admin.Code. 6 information and materials: 7 a. A preliminary subdivision plat shall consist of a series of mapped 8 information sheets on only standard size 21 inch by 36 inch sheets to 9 include,but not bc limited to,the following: 10 i. Cover map sheet; 11 ii. Boundary and topographic survey; 12 iii. Preliminary subdivision plat with right of way and lot 13 configurations; 14 iv. Natural f atures and vegetative cover map;for proposed site 15 alteration(s)within the coal. a - -_- . •. _ - - 16 also comply with section 3.03.02 B.; 17 v. Master utilities and water management(drainage)plans; 18 vi. Aerial map; and 19 vii. Standard right of way Grose sections and appropriate design 20 details. 21 22 - •- -- _ •" -23 designee- 24 b. Name of subdivision or identifying title which shall not duplicate or closely 25 approximate the name of any other subdivision in the inserporated-or 26 unincorporated area of Collier County. 27 c. A vicinity plan showing the location of the tract in reference to other areas 28 of the county. 29 d. North arrow, graphic scale and date. 30 c. Name, address and telephone number of the developer, along with the 31 name and address of the registorcd engineer and registered surveyor 32 responsible for the plat and supporting data. 33 f. The location and names of adjacent subdivisions,if any,and plat book 34 and page-r-eferen-sa. 35 g. The tract boundary with b arings and distances along with written 36 description and location relative to section corners. 37 #1. Topographical conditions on the tract including all the existing 38 -- 39 - 40 i. All existing streets and alleys of record on or adjacent to the tract 41 including name, right of way width, street or pavement width-ate 42 established centerline elevation. Existing streets shall be dimensioned to 43 the tract boundary. 44 j. All existing property lines, asemcnts and rights of way of record,their 45 - - -•-46 47 asements and their purpose along with the proposed layout of the lob 48 and blocks. Proposed street names shall be identified on all public or 49 50 - 51 - - - I:Wdmin Code 20121Current WorkWdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 determined during the rezoning process, it shall be determined whether 2 the streets arc to be public or private. 3 1. The incorporation and compatible development of present and future 4 5 Growth Management Plan,when s..• a _-- _ _ . - -- - - 6 affected by the proposed subdivision. 7 m. Access points to collector and arterial streets showing their compliance to 8 •-- 9 approved by the Board of County Commissioners. 10 n. Cround elevations based on both NAVD and NGVD shall be shown.The 11 information may be shown referenced to 1 datum with a note on. cover 12 -- - - 13 e 14 -.._. 15 provided in sufficient numbs .•: : . ':• :• _ ::--- - - 16 o. All existing drainage district facilities and their ultimate right of way 17 requirements as they affect the property to be subdivided. 18 P. Ceneralized statement of subsurface conditions on the property, location 19 and results of tests made to ascertain subsurface soil conditions and 20 groundwater depth. 21 q. Zoning classification of the tract and all contiguous properties, and, if 22 applicable,a reference to th : _-•-: _- - ::---• a a - 23 - 24 - .. - - . - _ - - - - , - - -- , 25 26 - 27 " 28 _ 29 shall be provided in writing from ach utility proposed to service the 30 subdivision. 31 c. Sites proposed for parks, recreational areas,and school sites or the like 32 in accordance with-any existing ordinances requiring Pu h a dedi^^"^^ 33 t. Typical lot configurations shall be illustrated and the minimum area of the 34 = 35 note. For fee simple residential lots,the illustration shall portray the typo 36 of unit identified by LDC definition and developer's description to be 37 placed on each lot(example: Lots e _ __ - -- _ 38 39 depicting setbacks(including preserve setbacks, if applicable)and/or 40 separation of structures.Also for fee simple residential lots,the 41 42 43 44 lots),the illustration shall portray setbacks&building envelope. 45 Setbacks required by the approved zoning classification shall be provided 46 47 unit(e.g.,single family detached,single family attached,zero lot line)is, 48 planned, lots must be linked to the type,or types,of unit which they aro 49 50 lot width for each irregular lot, regular corner and interior lots may show 51 only typical width and arca. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted from LDC and intent relocated to the Administrative Codc or revised Bold text indicates a defined term 1 t�. An environmental impact statement pursuant to section 10.02.02 of this 2 Codc, except that the applicant may request a+4 ad 3 4 - _ _ •- _ _. -- - •- . . - - . . - .._ 5 6 from the date of submi scion of the preliminary subdivision plat. 7 v. Locations of all wetlands, archaeological sites,endangered or threatened 8 9 ee - - - - -- . - - '" - e e 10 i. A map of all wetland area locations as delin ated by all agencies 11 having jurisdiction over such wetlands. 12 ii. A map of all archaeological site locations as delin ated by a•13 - - - 14 recognized archaeological group. 15 iii. A map of all locations of other natural f atures as required by[the] 16 - 17 having jurisdiction over such features. 18 iv. A map of all locations of colonies,burrows and nest trees of all 19 20 -- 21 governmental or regulatory agencies for such species. 22 w. The location of buffered areas required by section 1.06.01 shall bo 23 illustrated and dimensioned if appropriate at this time. 24 •-_---. . .-- - --- ... •. -- -_ •_ 25 26 27 - -- -- •- _ _- - -- 28 =_ _--=--=s=_-_ 29 30 y. A master water management plan outlining the existing and proposed 31 - 32 -- _ .._. - -• _ 33 subdivision.The master water management plan for projects that are 10 34 35 - - •- •-- - - - - _ - 36 recurring high water elevations,the proposed design water elevations, 37 drainage structures, canals,ditches,delineated wetlands, and any other 38 •-- - _ - '" - - - - - -- - - . 39 40 41 e ....- -- - _ _ -e red.The master water management 42 43 --- - - - -- - .44 --•-- ■. - . - - 45 - 46 47 -•- - - - - - . - •• _ 48 subdivision plat. 49 z. All plans and platting documents shall be prepared fully in compliance 50 with the Interim Watershed Management regulations of LDC section 51 3-07.00 1 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 - - - - .- e . .. ._. 2 3 reVICW fcc. rComment[C275]: Moved toAdminCode 4 3. Conditions.The County Manager or his designee has the authority te-appreve 5 requests for substitutions to the design standards contained in the Collier County 6 Construction Standards Manu . .. _-. . - -_-- -- -: a. a •- . • 7 accepted, sound and safe, profess•_-- - a'• _ a •- _ _ a - • - . 8 9 convincing documentation and citations to professional engineering dies, 10 - - - _--- - - . - -- - - -- -- - -- -11 substantiate the substitution requested. Comment[C276]:Relocated to 10.02.04 A.5. 12 Effect and limitation of approval of preliminary subdivision plat. Minimal changes 13 b. No vested rights. It is hereby expressly declared that the intent of this 14 15 - 16 shall not beestoppedtos__ .• _ -_a a - - • _ •--- 17 - 18 19 subsequently a r-i _ . a - • a_ . -_. - -•- -- 20 •- 21 eeu-aty-de-estopped to deny any reeoning-irt Which a{ eli inary 22 Subdivision plat is submitted in support of such rezoning. [Comment[C277]:Relocated to 10.02.04 A.7 23 b. Time-limitations. Refer to the provisions of 10.02.05 A. - Comment[C278]:Relocated tol0.02.04 A.6 24 - _ - - - - - - -• - Timing of Development.Expanded on and 25 __ _ -_ •- - - ___ - __ includes language from former 10.02.05 A. 26 - - - - - - -•27 a-*-: a - - - - -- "' - - - a:: e - - 28 a a. e a °-: : -- °- ------ - - - - - Comment mm nt C279 e [ ]:Relocated to 10.02.04 29 _ -____ _ =_ ' IA.1.a 30 _ --__-__ _--_--_- —_ - - - -- -_- Comment[C280]:This provision has been• 31 d. Approval of improvement plans,site development plans,and final deleted.The final plat can be done concurrently,l 32 -__ -_ _ but not the PSP. 33 - -- - - - - - -- 34 •- 35 .- - - ----- - -- - - - 36 -- -- - - '- 37 - '" - - - - - -- - - - - 38 10.02.05 E., 10.02.01 B.3.,and 10.02.03 A.1.shall be the subject of an 39 - - - - - -- •- -_40 41 42 _ _ - - ---•-- - -- - 43 and the County. • - Comment[C281]:Relocated to 10.02.04 44 5. Integrated phased developments.A preliminary subdivision plat application shall A.1.b. 45 46 47 - -"" --- - - - - - - - 48 49 - 50 10.02.02 8.1. - Comment[C282]:Relocated to 10.02.05 A..1.c I:\Admin Code 2012\Current WorktAdmin Code LDC Amendment forr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 3 4 - - - • ----: ___ _ 5 6 _-_- _- -_ - = - = - _ _' _ __-' - _ o= 7 •8 -• - - - - - - - - --- - - - - 9 10 . 12 =____ _ _ __- - 13 -•- 14 15 1 0.02.06 E., and 10.02.01 D. 3. 16 • _= __`:-_- --- _---- -° __ - - _- -_ 17 mondmont or updato purcuant to cootion 10.02.01 A.1.u. to an oActing•18 _ °— =-_-z== s == == e _ -' -- _ 19 20 _ --— - -=-= __---_- _-=-'-=--_--= -=-- c =- __ _:._- 21 22 =. -•-_ __ _ ___- _ _ __- _ - __ _ - _ __- _ 23 •--- _ _-. -• - - --- - - - -- -- -- - -- 24 - - - - - - - - --- - - - - - - 25 26 27 • - _ ___ __:•=_ _ _____ --- -- - -- -- - -- -- - 28 =. _ _ -- _ _— -- _ = - _ ----__-=-_ 29 30 31 32 33 = - _ _ - _ _-_=_ _ •-• _• - _—• •—'_ __ 34 35 procoduroc cantainod in coctiono 10.02.06 A. Through 10 02.06 C. 36 i4i661C7.11A37 Comment[C283]:Deleted in entirety.Out 37 B. Final plat requirements. dated language. 38 39 favor of Collier County,without any maintenance obligation,shall be provided for 40 all"protected/preserve"areas required to be designated on the preliminary and 41 final subdivision plats or only on the final subdivision plat if the applicant chooses 42 43 subject to or abutting a protected/preserve area required to be designated on thc 44 preliminary and final subdivision plats,or only on the final subdivision plat if the 45 applicant chooses not to submit the optional preliminary subdivision plat,shall 46 have a minimum setback as required by thc LDC,or other setback that may be 47 approved as a deviation through the PUD approval process by the Board of 48 County Commissioners from the boundary of such protected/preserve area in 49 which no principle structure may be constructed.The required preserve principal 50 structure setback line and the accessory structure setback lines shall be clearly 51 indicated and labeled on the final plat where applicable. Further,the preliminary I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 - .._ 4 5 -6 7 8 9 e-applicable for all preserves,regardless if they 10 identified by recorded conservation casement. 11 12 13 14 15 when platted as a tract. If the protecte: : - --.- _ - ' _- - •-••-: _ :- 16 17 18 19 20 21 22 •23 - - - - - - -a - 24 25 26 27 _ 28 Comment[C284]:Application portions 29 2. Improvement plans.The improvement plans for required improvements which will relocated to Admin Code.Most of section 30 2 Easements—where was 31 relocated to . -- _- - formerly located. 32 33 • Comment[C285]:Moved to the Admin Code, 34 Construction Plans section. 35 36 easements)of record. Comment[C286]:Relocated to 10.02.04 37 3. Cenral requirements for final subdivision plats. 38 a. Tcn prints of the final subdivision plat shall be submitted along with the 39 40 41 County Manager or his designee. 9 �g Comment[C287] Relocated to 10.02.04 42 b. The final subdivision plat shall conform to the approved preliminary B.1.a 43 44 45 46 -__ -- -, - -- .__ _.-t proposes to construct within a finite period 47 48 49 50 51 lo,. ..- l.\Admin Code 2012\Current Work1Admin Code LDC Amendment CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Toxt strikcthrough is current text to bo deleted from LDG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 County Manager or designee.The applicant shall enter into a Comment(C288]:Relocated to 10.02.04 2 construction and maintenance agreement with tho county, in a form `B.3.a 3 acceptable to the county attorney,which establishes the terms and 4 conditions for the construction and maintenance of the improvements 5 required during the 18 month construction period(unlc'c a written 6 extension request is approved by the County Manager or his designee 7 prior to the expiration of the eighteen month construction period).This 8 agreement shall be submitted with the final plat for review and approval 9 end executed by all parties at the time of final plat approval per section c. 10 Comment[C289]:Relocated to 10.02.04 11 c. Once approved by the board,the applicant shall submit the final plat for 12 recording within 18 months.The final subdivision plat upon submittal shall 13 _e e -' e e - Comment[C290]:Relocated to 10.02.04 B.9 14 d. An opinion of probable construction cost prepared by the applicant's Timing of Development 15 professional engineer, or the actual contractor's bid,which includes the 16 cost of all required improvements. 17 c. Subdivision performance security, as further described herein, in an 18 amount equal to 110 percent of the sum of construction costs for all on 19 site and off site required improvements based on the applicant's 20 professional engineer's opinion or contract bid price.Where 21 improvements are to be constructed by a general purpose government 22 such as a county or municipality, a local school district,or state agency, 23 24 performance security shall be required of an independent special purpose 25 government such as a community development district(CDD).The 26 subdivision performance security shall be in one of the following forms: 27 (1) Cash deposit agreement with the county. 28 (2) Irrevocable standby letter of credit. 29 (3) Surety bond. 30 (4) Construction, maintenance and escrow agreement. Comment[C291]:Relocated to 10.02.04 E. 31 f. After the final subdivision plat has been approved by the County Manager Recording section 32 or his designee for compliance with this Code as provided in this section, 33 the applicant shall resubmit 5 certified sets of the previously approved 34 improvement plans along with approved copies of all required county, 35 state and federal construction permits.The applicant's professional 36 engineer shall also submit a digitally cr atcd construction/site plan 37 - 38 -- - -, _ --•-• - _ _ - 39 drainage system.The digital data to be submitted shall follow these 40 formatting guidelines:All data shall be delivered in the state plane 41 coordinate system,with a Florida East Projection, and a North American 42 Datum 1983/1990(NAD83/90 datum),with United States Survey Feet 43 (USFEET) units;as established by a Florida registered surveyor and 44 mapper.All information shall have a maximum dimensional error of+0.5 45 feet. Files shall be in a Digital Exchange File(DXF)format; information 46 layers shall have common naming conventions(i.c.right of way ROW, 47 -- - -- - - -•--- �', - - - -48 _. - -, •- _ - --•-- 49 county staff.All property information(parcels,lots,and requisite 50 annotation)shall be drawn on a unique information layer,with all linework 51 pertaining to the property f ature located on that layer. Example: I:1Admin Code 2012\Current WorMAdmin Code LDC Amendment f for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 _ 3 4 - 5 6 -. 'o e e _ a - -_ .__ •_ _ (Pa ns and Fina Sub. sectio n 8 J Constructwn I 9 _ •" " 10 _ - - 11 h. All conveyance instruments shall be in a form approved by the county 12 attorney prior to their submission to the board of commissioners for 13 14 " 15 •"16 = -. 17 18 - 19 :.._ _ E e e - a- Comment[C2931:Relocated to 10.02.04 B 20 i. All plans and platting documents shall be prepared fully in compliance 5.c-d 21 - 22 341-7-,00 Comment[C294]:Required per revised 23 4. Final subdivision plat submission requirements. The submittal of final plats for (section 10.02.04 24 - •- _ - - -- 25 ' 26 27 -- - 28 29 30 a e. !• _a_ Comment[C295]:Reference for additional 31 a. Landscape plans,signed and scaled, in accordance with section regs included in 10.02.04 B.1.c 32 10.02.03.B.1.c of this Codc. 33 a, _ 34 - 35 i. A coversheet which includes: 36 a) The name of the development. 37 b) The zoning district,and PUD name and ordinance number, 38 if applicable. 39 c) A legal description of the property,both prior to,and after, 40 subdivision. 41 d) The name,address and phone number of the agent 42 43 number of the property owner. 44 e) A vicinity map,cl any identifying the location of the 45 e da�.elsament.. 46 ii. A site plan,providing the following information in table format: 47 a) Total site acreage. 48 b) Total square footage of impervious area(including all 49 parking areas,divc aisles, -•: •- - -- - -- _ 50 percentage of the total site area. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LOG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 c) Total numbcr of units,units per acre,and a unit breakdown■ 2 by square footage and number of bedrooms, as well as 3 -- - - • . - -- " - -4 €leer-area proposed. 5 d) All required and provided setbacks and separation 6 between principal and accessory structures. 7 c) Maximum building height allowed by zoning district and 8 g hei hdr 9 Zoning and land use of the subject property and adjacent 10 properties, including properties abutting an adjacent right 11 of way or right of way asement. 12 g) A parking summary, showing number of spaces required, 13 and number of spaces provided. 14 h) Preserve area required and provided. 15 i) Illustrative information(drawing)accurately depicting the 16 17 1)1) Name and alignment of existing/proposed rights of 18 way of all streets bordering the development;the 19 location of all existing driveways or access points of 20 the opposite sides of all streets bordering the 21 development; and the location of all traffic calming 22 devices. 23 2) Location and configuration of all development 24 ingrc and ogre points. 25 3) Location and arrangements of all proposed 26 principal and accessory structures. 27 •--- - --- 28 way for all internal streets and alleys. 29 5) Directional movement of internal vehicular traffic 30 and its separation from pedestrian traffic. 31 32 and fire lanes. 33 7) Location of all handicapped parking spaces. 34 -- - -- - 35 applicable. 36 9) Location and proposed heights of proposed walls or 37 fences. 38 10) Location of sidewalks and pathways, designed in 39 accordance with section 10.02.03.B.1.i.xiii.of this 40 fie- 41 11) Location of sidewalk parking in accordance with 42 section 10.02.03 B.1.i.xv. of this Code. 43 12) Location of all required preserves with ar a in 44 square feet. 45 13) Any additional relevant information as may be 46 required by the County Manager or designee. 47 c. For residential projects subject to the provisions of Section 10.04.09,a 48 completed School Impact Analysis(SIA)application, location map and 49 review fec. -(Comment[C296]:Moved toAdminCode. —J 50 5. Contents and Substance of Final Subdivision Plat.The final plat itself must be Townhouse section 51 drawn on only standard size 24 inch by 36 inch sheets of mylar or other I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment n fogs CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 • - - - - C-om ment nt[C2 9 7]:M oved to Admin Code App 2 : :_ : : : ' " e :' : - - Contents section 3 4 =' 5 = 6 amended,and shall conform, at a : -- : - -: ----- Comment[C298]:Moved 10 10.02.04 B.4.b—• 7 a. Name of subdivision.The plat shall have a title or name acceptable to the the Application section 8 9 10 11 = 12 13 14 15 16 subject property,a general note s - _- .::-e _ •- _ - -_• --- 17 . 18 approved such action. 19 20 21 22 23 - , . ' • -- ^ 25 c. Description.There shal - - - -- - - •- - --- - - -- 26 27 ._ 28 29 - .. . 30 boundaries identified. 31 d. Index.The plat shall contain a sheet index on pagc 1,showing the entire 32 33 •- 34 - - 35 36 --- 37 38 to each sheet. 39 40 41 42 43 44 . . 45 - 46 include: 47 i. The scale,both stated and graphically illustrated,on each graphic 48 sheet, 49 50 I:1Admin Code 20121Current Work\Admin Code LDC Amendment fog CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough io current text to be deleted from LOG Bold text indicates a defined term 1 platted.The north directions _ e- -_ •- __ _ - _ • _ -- 2 map where practicable. 3 iii. The points of beginning and the commencement shall bc boldly 4 5 iv. All intersecting street right of way lines shall bc joined by a curve 6 with a minimum radius of 25 feet. 7 v. All adjoining property shall be identified by a subdivision title, plat 8 _ -- - . 9 vi. Permanent reference monuments shall be shown in the manner 10 11 prior to recording of the final plat. 12 vii. There shall be reserved a space in the upper right hand corner of 13 ach sheet for the words"Plat Book "and"Page 14 "with the minimum letter size of'/inch. On the line 15 directly below,a space for"Sheet of 16 17 viii. The map shall mathematically close and when practical shall be 18 tied to all section,township and range lines occurring within the 19 subdivision by distance and b wring whcrc applicable. 20 ix. The cover sheet or first page of the plat shall show a location plan, 21 showing the subdivision's location in reference to other areas of 22 the county. 23 x. The minimum size for any letter or numeral shall be 1/10 inch. 24 xi. All line and curve tables are to be shown on the same sheet as 25 the graphic drawing they relate to.When possible, dimensions 26 shall be shown directly on the map. 27 - 28 ----__:__-=- _ _= = -= =_=_, •••= _ _.==_,•••= _--_-- = __-:-_•-_-,-a•29 t _ _ "= _ _---= ,-_ ===.- 30 = -_—• _ _=_ _ _- = _ •_ =_ -- `-- c-• _ `— -= 31 -=--__ _- -_ _ - - _-__a = __ •--_--_`_ - 32 tho cover choct/sting a c:to cpocifie-oquation for dotormining tho 33 34 f. Lot and block identification. Each lot, block, or other like or similar 35 parcel, however described, shall be numbered or lettered.All lots shall 36 be numbered or lettered by progressive numbers or letters individually 37 throughout the subdivision er progressively numbered or lettered in each 38 block, not necessarily starting with the number"1"or letter"A."Parcels 39 and blocks in each incremental plat shall be numbered or lettered 40 consecutively throughout a subdivision.All parcels which constitute a 41 -.. - 42 _ : s - - -. _ --•-- - - -- - - •- 43 -- 44 maintenance and to a property owners'association or similar entity with 45 maintenance responsibilities pursuant to section the Collier County 46 Construction Standards Manual. 47 g. Street names.The plat shall contain the name of ach street shown on 48 the plat in conformance with the design requirements of this section. 49 h. Outparcels.All interior excepted parcels shall be clearly indicated and 50 labeled"Not a Part of this Plat." I:Vadmin Code 2012\Current Work\Admin Code LDC Amendment t for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 i. Rights of way and casements.All right of way and casement widths and 2 --"" °' _ _ Comment[C299]•Admin Code C onstruction 3 e_e e - e• e e• o •._. _ Plans and Final Sub.Plat section 4 -- 5 ' 6 - - - - - - _ - - - - , 7 set forth in Section 10.02.02 B.12.of this Code.Any such lot split may 8 9 for the lot which would not otherwise have street frontage.The width of 10 _ 11 -12 13 pipes and the like.The number of access points to a public right of way 14 15 16 17 18 the access casement. In cases where access is presently provided by an 19 20 - - - -- - - - - - - - - - - - -- subdivision,this easement will 21 serve to satisfy aces and frontage requirements for those lots, and 22 23 purposes. Comment[c300] Moved to new 4 03.04 B 24 y. Restrictions, reservations and restrictive covenants. Restrictions 25 ' 26 27 28 - -- - •- ; - •- 29 30 31 32 33 - - •__. 34 pr+Ftainting--te-restrir - -^its^ - -- -- -- - -- - - - . 35 k. Private streets and related facilities.All streets and their related facilities 36 - 37 -- 38 _ 39 40 - 41 42 _ 43 _ 44 45 - 46 47 48 - - 49 - - 50 t. Certification and approvals.The plat shall contain,except as otherwise 51 allowed below,on the first • •- - -- _ -_ : I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment o1 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 engineering cervices director and office of the county attorney prior to 2 3 required by law, all being in substantially the form sct forth in appendix C 4 to this Code.The geometric layout and configuration of the property to be 5 6 7 i. Dedications.The purpose of all dedicated or reserved arcs 8 shown on the plat shall be defined in the dedication on the plat.All 9 areas dedicated for use by the residents of the subdivision shall 10 be so designated and all areas dedicated for public use,such as 11 12 13 dedicated by the owner of the land at the time the plat is recorded. 14 Such dedication and the responsibility for their maintenance shall 15 -- _ 16 County Commissioners. No dedications items shall be included in 17 the general note for the plat. 18 19 and appropriate recording information together with all 20 mortgagees'consents and approvals of the dedication shall be 21 required on all plats where mortgages encumber the land to be 22 23 case may be,must be witnessed and the execution must be 24 acknowledged in the same manner as deeds are required to be 25 witnessed and acknowledged. In case the mortgagee is a 26 corporation,the consent and approval shall be signed on behalf of 27 the corporation by the president,vice president or chief executive 28 officer.At the applicant's option,mortgagee's consents do not 29 have to be included on the plat to be recorded,so long as they are 30 provided as fully executed and acknowledged separate 31 instruments along with the plat submittal. 32 iii. Certification of surveyor.The plat shall contain the signature, 33 registration number and official seal of the land surveyor,certifying 34 that the plat was prepared under his responsible direction and 35 supervision and that the survey data compiled and shown on the 36 plat complies with all of the requirements of F.S.ch. 177, part I,as 37 amended.The certification shall also state that permanent 38 referen a monuments,"P.R.M.,"have been set in compliance with 39 F.S.ch. 177,part I,as amended,and this section,and that 40 P.C.P.s and lot corners will be set under the direction and 41 42 improvements. Upon installation of the P.C.P.s,the surveyor must 43 44 - 45 . 46 recording of a plat,the certification shall state the P.C.P.s and lot 47 corners have been set in compliance with the laws of the State of 48 Florida and ordinances of Collier County.When plate are recorded 49 50 security posted as provided for by this section,the required 51 122 l:\Admin Code 2012\Current WorktAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 •2 3 block for the Board of County Commissioners and the 4 5 v. Signature block for county attorney.The plat shall contain the 6 7 vi. Evidence of title.A title certification or opinion of title complying 8 with§ 177.011, F.S., must be submitted with the plat.The 9 10 as described and sho - _ - - - - •- -- _ . - 11 12 13 14 15 each mortgage.The evidence of title m at the^ ^'^ nt's 16 17 information required by section 177.011, F.S.,and this paragraph 18 19 is properly signed. 20 • 21 _ 22 .._. _ .. 23 24 (address)." 25 m. Location.The name of the section,township, range,and if applicable city, 26 a - 27 28 29 30 31 plat. 32 33 plat submitted for approval. 34 o. Basis of bearings.The basis of bearings must be clearly stated, i.c., 35 -- -- - " -- • :- ""_ •orth"as established by the NOS, 36 37 - -- 38 width of all existing or recorded streets intersecting or contiguous to the 39 -- - -- - - - - - 40 bearings and distances. Comment[C301]:Admin Code-Construction 41 C. Relationship of Plats to Site Development Plans. N l Plans and Final Sub.Plat section 42 .. _ .._ 43 - •a 44 - - -" 45 •" 46 - - 47 48 . t -- - 49 -- 50 time as the applicant submits the respo- - _ - : •--- -- a. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment oar CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 ° '• ° '- - - e _' e - '- e Comment[C302]:Relocated to 10.02.04 B.8. 3 # # # # # # # # # # # # # 4 I:\Admin Code 2012\Current Work\Admin Code LDC Amendme 1 To4CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Ch 5 C PSP, PPL,CNSTR, FP, Plat Recording, Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.05: • 10.02.05 was completely rewritten. • The requirements, review process,exceptions, approval process were all integrated and the language was not clear. • Provisions were reorganized within the section and it was organized to follow the procedural order of work and approval. Revision: 6/6/13 CC 1 2 10.02.05 Construction,approval,and acceptance of required improvements ittal 3 Y' Reguicemonts fo:Im ^•,..=Plan ' ' 4 5 A. Construction of Required Subdivision Improvements. 6 1. Pre-Construction Meeting.Prior to the commencement of construction of the [Comment[C303] From 10:02.05 B.4 __ 7 required improvements,a Pre-Construction meeting shall be held.The Pre- 8 Construction meeting shall be scheduled by the Engineering Services 9 Department and attended by representatives of the county, utility companies,the 10 applicant's professional engineer of record,the contractor, and the developer.At 11 the Pre-Construction meeting,a schedule of construction,and all approved 12 County plans shall be provided by the applicant.Copies of all state and federal 13 permits shall be provided by the applicant to the County Manager or designee 14 prior to commencement of construction. 15 a. Should any construction Commence on a project prior to the Pre- rComment[C304]:From 10.02.05 B.4 16 Construction meeting, the County Manager or designee, in addition to 17 other available remedies,shall have the right to require partial or full 18 exposure of all completed work for observation, inspection,and 19 verification that it was installed in accordance with the approved 20 construction plans. 21 2. Commencement of construction. Following the Pre-Construction meeting the 22 applicant may begin construction of the required improvements.The applicant 23 shall notify the County Manager or designee in writing at least 48 hours in 24 advance of the date of commencement of construction. 25 3. Observation of construction by the applicant's engineer. The applicant shall [Comment[C305):From 10.02.05 B.3 1 26 have the applicant's professional engineer or engineer's representative make -- __ - 27 periodic site visits at intervals appropriate to the various stages of the required 28 construction to observe the contractor's compliance with the approved 29 construction plans and specifications. 30 4. Construction inspections by the County Engineer or designee.A list of standard [Comment[C306] From 10.02 05 B.5 31 inspections which require the presence of the County Engineer or designee shall 32 be provided in the construction plans approval letter provided by the County 33 Manager or designee and discussed at the Pre-Construction meeting.The 34 following procedure shall apply: 35 a. The applicant shall be responsible for the notification to the County [Comment[C307]:From 10.02.05 6.5E 36 Engineer or designee prior to the required inspections, including prior to 37 any paving or concrete work associated with roads or sidewalks.At least 38 48 hours'notice shall be provided to the County Engineer or designee to 1:1Admin Code 2012 Current Work\Admin Code LDC Amendment for r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 allow for scheduling of an inspection.Verbal confirmation of an inspection 2 time or a request for rescheduling will be made by the County Engineer or 3 designee for each notification. 4 b. "Spot inspections"by the County Engineer or designee may be carried [Comment[C308]:From 10.02.05 B.7 9 5 out without notice on all construction to ensure compliance with the 6 approved construction plans.At any time, if the County Engineer or 7 designee finds construction in progress which does not comply with the 8 procedures,policies and requirements contained in the LDC or the 9 approved construction plans,County Engineer or designee shall have the 10 full authority to issue a stop work order for the portion of the work not in 11 compliance. If a stop work order is issued, it shall remain in full effect with 12 respect to the defective work until such time as the documented 13 discrepancies have been corrected to the full satisfaction of the County 14 Engineer or designee. 15 5. Changes to construction plans. 16 a. See LDC section 10.02.04 B.5.a for insubstantial changes to construction 17 plans(ICP). 18 b. The County Manager or designee shall be notified within 24 hours,with 19 written follow-up,of any problems and conflicts with the actual 20 construction of required improvements as compared to the approved 21 construction plans. Problems and conflicts shall be addressed through the 22 Insubstantial Changes procedure for construction plans,pursuant to LDC 23 section 10.02.04 B.5.a.The County Engineer may approve insubstantial 24 changes to construction plans in accordance with acceptable engineering 25 principles.The changes shall be reflected on the record drawings. 26 B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer 27 or designee. Preliminary acceptance by the County Engineer or designee shall identify 28 that the subdivision or development is substantially safe for public occupancy. 29 1. General.The required improvements constructed under the policies,procedures, 30 guidelines, and requirements established in the LDC shall receive preliminarily 31 acceptance by the County Engineer or designee pursuant to the following: 32 a. Recordation of the final subdivision plat pursuant to LDC section (Comment[C309]:From 10.02.05 C.4 3 - 33 10.02.04 F shall be prior to or concurrent with preliminary acceptance by 34 the County Engineer or designee. 35 b. No certificates of occupancy shall be issued by the County Manager or 36 designee until preliminary acceptance is granted. 37 2. Submittal requirements. Upon completion of all required improvements contained 38 in the approved construction plans,the applicant's professional engineer of 39 record shall provide the following materials for the review by the County Engineer 40 or designee: 41 p. Competition Certificate.The applicant's professional engineer of record [Comment[C310]:From 10.02.05 B.3.c 42 shall submit a completion certificate for the required improvements 43 completed.The completion certificate shall be based on information 44 provided by the project surveyor and the engineer's own observations. 45 The completion certificate shall not be based on"information provided by 46 the contractor."The applicant's professional engineer of record shall 47 document that the required improvements have been installed in 48 compliance with the approved construction plans.Any discrepancy shall 49 be brought to the attention of the County Engineer or designee and 50 resolved to the satisfaction of the County Engineer or designee. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. Applicant's Inspection Report.The applicant's engineer of record shall Comment[C311] From 1002 O5 B.3. 2 submit a report to the County Manager or designee which documents the 3 dates of inspection,all measurements,field tests,laboratory tests,and 4 observations which were required to be performed during the construction 5 of the required improvements. 6 lc. Final release of lien from contractor(s).The applicant's engineer shall 7 provide to the County Manager or designee a copy of the final release of 8 lien from any utility and/or roadway contractor(s). 1 Comment[C312]: From 10 02 05 C.3.d 9 d. Conveyance instruments.All separate conveyance instruments to the I Comment[C313] 1002.04 B.3 g-h: 10 County shall be in a form approved by the County Attorney prior to their � 11 submission to the Board for acceptance,and shall be pursuant to Collier 12 County Utilities Standards and Procedures Ordinance 2004-31, if 13 applicable. If requested by the County Manager or designee,the grantee 14 shall provide, at no cost to the county,a title opinion,or certificate of title 15 in a form promulgated by the Florida Insurance Commissioner,which is in 16 conformance with the county's procedures for acquiring real property 17 interests. No separate conveyance instrument shall be recorded prior to 18 recordation of the final subdivision plat and formal acceptance of the 19 conveyance by the Board. 20 e. Construction plans and record drawings.The applicant's engineer shall 21 provide to the County Manager or designee one set of construction plans 22 on a mylar,with a minimum of 2 mil thickness,or other similar acceptable 23 material and 2 sets of certified prints acceptable to the County Manager 24 or designee,showing the original design in comparison to the actual 25 finished work.The mylars shall be labeled as record drawings on each 26 sheet prior to printing of the required sets of prints. Subiect to the 27 approval of the County Manager or designee,the applicant's engineer 28 may provide a PDF as a substitute for the mylar plans. Comment[C314]: _From 10.02.05 C.3.c 1 29 f. (Digital submission.The applicant's professional engineer shall also Comment[C315] New language 30 1 submit digitally created construction/site plan documents, including 1 disk Comment[C316] Used to update files (CDROM)of the master plan file, including,where applicable, -32 easements,water/wastewater facilities, and stormwater drainage I Comment[C317]:Section from prior 10.02.05 c.5 33 system.The digital data to be submitted shall follow these formatting — 34 guidelines:All data shall be delivered in the state plane coordinate 35 system,with a Florida East Projection,and a North American Datum 36 1983/1990(NAD83/90 datum),with United States Survey Feet(USFEET) 37 units:as established by a Florida registered surveyor and mapper.All 38 information shall have a maximum dimensional error of+0.5 feet. Files 39 shall be in an AutoCad(DWG)or,Digital Exchange File(DXF)format; Comment[C318]:New language 40 information layers shall have common naming conventions(i.e. right-of- — 41 way—ROW,centerlines—CL,edge-of-pavement—EOP,etc.). For a plan 42 to be deemed complete,the layering scheme must be readily understood 43 by county staff.All property information(parcels, lots, and requisite 44 annotation)shall be drawn on a unique information layer,with all linework 45 pertaining to the property feature located on that layer. Example: 46 parcels—All lines that form the parcel boundary will be located on 1 47 parcel laver.Annotations pertaining to property information shall be on a 48 unique layer. Example: lot dimensions—Lottxt laver. In addition,a copy of 49 applicable measurements,tests and reports made on the work and 50 material during the progress of construction must be furnished.The 51 record construction data shall be certified by the applicant's professional I:\Admin Code 2012\Current Work\Admin Code LDC Amendment 7o7CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 engineer and professional land surveyor and shall include but not be 2 limited to the following items which have been obtained through surveys 3 performed on the completed required improvements: 4 i. Roadway centerline elevations at all intersections and at a 5 minimum at all points of vertical intersection(PVI)along the 6 roadway. 7 ii. Invert and inlet elevations of all water management structures, 8 including catchbasins, all junction boxes, headwalls, inlets,and 9 the like. 10 iii. All record drawing data for water and sewer facilities pursuant to 11 the provisions of the Collier County Utilities Standards and 12 Procedures Ordinance 2004-31,as amended. 13 iv. Centerline inverts on all open swales at high and low points and at 14 100-foot stations along centerline. 15 v. The following data shall be submitted in report form for the 16 acceptance of streets, roadways,alleys or the like for 17 maintenance purposes: 18 (a) Name of subdivision, block, plat book and page of 19 recording. 20 (b) Name of each street proposed to be accepted for 21 maintenance purposes. 22 (c) The beginning and ending point for each street proposed 23 to be accepted. 24 (d) The centerline length of for each street proposed to be 25 accepted. 26 (e) The number of lanes for each street proposed to be 27 accepted. 28 3. Review and inspection by the County Engineer or designee. Following the review 29 by the County Engineer or designee of the submittals required in LDC section 30 10.02.05 B.2 and that the required improvements are in compliance with the 31 LDC,the County Engineer or designee shall approve,approve with conditions,or 32 deny the preliminary acceptance of the required improvements. Inspection by the 33 County Engineer or designee of the required improvements shall be completed 34 prior to the granting of preliminary acceptance by the County Engineer or 35 designee. Comment[C319]:From 10.02.05 C.5-red 36 a. During preliminary inspection,the required improvements will be checked text 37 for compliance with the approved construction plans.Any approved 38 insubstantial changes pursuant to LDC section 10.02.04 B.7 shall be 39 identified and explained in writing by the applicant's professional 40 engineer of record.All required improvements shall be in full compliance 41 with the approved construction plans and the"record drawings"prior to 42 submission to the Board for final acceptance. 43 b. Following the preliminary acceptance by the County Engineer or designee 44 there shall be a minimum 1-year maintenance period prior to final 45 acceptance by the Board. 46 4. Reduction of the subdivision performance security.At the time of preliminary 47 acceptance by the County Engineer or designee,the subdivision performance 48 security may be reduced by the County Manager or designee.Ten percent of the 49 subdivision performance security, based on the applicant's professional 50 engineer's probable construction cost or contract bid price,shall be retained as 51 the maintenance performance security by the clerk of courts on behalf of the I:\Admin Code 2012\Current Work\Admin Code LDC Amendment o$r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is currcnt text to bo dcictcd from LOG Bold text indicates a defined term 1 Board.See LDC section 10.02.04 E for acceptable forms for a subdivision 2 performance security. 3 C. Final Acceptance of the Required Subdivision Improvements by the Board of County 4 Commissioners. 5 1. Generally.The Board may provide final acceptance, by resolution,of the 6 improvements subject to the following: 7 a. Following the 1-year minimum maintenance period as required by 8 preliminary acceptance by the County Engineer or designee; and 9 b. Following satisfactory completion of the preliminary acceptance 10 inspections by the County Engineer or designee:and 11 c. At the request of the applicant,after a final inspection by the County 12 Engineer or designee. --------- ---- 13 2. Timing. All of the required improvements shall receive final acceptance by the (Comment[C320]:From prior 10.02.05 B.11 j 14 Board within 36 months from the date of the original Board approval of the final 15 subdivision plat, unless extended by the County Manager or designee,the 16 Board, or general law. 17 a. The developer may request two-year extensions for completion and 18 acceptance of the required improvements.A maximum of 2 extensions 19 may be granted by the County Manager or designee. Each request 20 should provide written justification for the extension. 21 3. Dedications and County maintenance.The Board shall adopt a resolution giving 22 final acceptance of the improvements and establishing County responsibility for 23 maintenance of the required improvements if it is the Board's desire to accept 24 and maintain the facilities.The Board has no obligation to accept maintenance 25 responsibilities for any facilities dedicated to public use, pursuant to F.S.ch. 26 177.081. 27 4. Notifications.The County Manager or designee shall notify the applicant in 28 writing that final acceptance of the required improvements and applicable 29 acceptance of the facilities has been granted, notify all affected county agencies 30 of any final maintenance responsibilities, and instruct the clerk of the court to 31 return the remaining maintenance security held by the Board. 32 D. Conditional Final Acceptance.h developer may apply for a conditional final acceptance. Comment[C321]:From prior 10.02.05 C.8 33 The conditional final acceptance may occur when the required subdivision _- Comment[C322]:Deleted:'At the discretion l 34 improvements,with the exception of the final lift of asphalt, and in certain cases, portions of the engineering review director a' J 35 of the sidewalk(s)have received a satisfactory final inspection.The developer shall 36 provide a performance security in the amount of 150 percent of the estimated cost of the 37 remaining improvements.Additionally,the developer shall provide a letter to the 38 engineering review director,which confirms the developer's intent to complete all of the 39 remaining improvements within a 12-month time period.Two additional 1-year 40 extensions may be approved by the County Manager or designee. I Comment[C323]:New language.currently 41 E. Failure of Applicant to Complete Required Subdivision Improvements. ,no end time frame. 42 I1. County Draw on Subdivision Performance Securitd. If improvements are not Comment[C324]:From prior 10.02.05 B.11 I 43 completed within the prescribed time period as specified in LDC section 10.02.04 -- --__ ...___ _ ._- 44 B.7 and a subdivision performance security has been submitted,the County 45 Engineer or designee may recommend to the Board that it draw upon the 46 subdivision performance security or otherwise cause the subdivision 47 performance security to be used to complete the construction, repair, and 48 maintenance of the required improvements. 49 P. County completion of required improvements.When a final subdivision plat has 1 Comment[0325]:From prior 10.02.05 B.12 1 50 been recorded and the applicant fails to complete, repair,or maintain the 51 required improvements as required by the LDC,the Board may authorize and I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment four CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Toxt ctrikothrough is current text to bo dcloted from LOG Bold text indicates a defined term 1 undertake completion, repair,and maintenance of the required improvements 2 under the subdivision performance security provided by the applicant. If no 3 sale of lots or issuance of building permits has occurred,the Board may 4 withdraw its approval of the final subdivision plat and may direct the County 5 Manager or designee to call upon the subdivision performance security to 6 secure satisfactory completion, repair,and maintenance of the required 7 improvements,to make his best efforts to restore the property to its 8 predevelopment condition,or to otherwise take action to mitiqate the 9 consequences of the failure to complete, repair,or maintain the required 10 improvements.Any remaining subdivision performance security posted by the 11 applicant shall be retained for the warranty period between preliminary and final 12 acceptance to provide funds for any repairs, maintenance,and defects occurring 13 during this warranty period. 14 3. Failure to complete unrecorded subdivision.Where an applicant has elected to 15 construct, install,and complete the required improvements prior to recordation of 16 the final subdivision plat and fails to complete such improvements within the 17 time limitations provided in this section,all approvals, permits,and applications 18 shall be considered null and void.Any future subdivision and/or development 19 shall submit a new application and payment of fees based on the then current fee 20 schedule. Review shall be subject to the then current LDC and other applicable 21 codes. 22 A. Procedures for improvement plans and final subdivision plat. 23 1. Initiation.Within 2 years after the date of written approval or approval with 24 conditions of the preliminary subdivision plat,the applicant shall prepare and 25 submit to the County Manager or his designee the improvement plans and final ^ 26 subdivision plat for at(e■ st the first phase of the proposed subdivision. (Comment[C326]:Relocated to 10.02.04 A.6 27 Each subsequent phase shall be submitted within 2 years after the date of written ,Timing of Dev. 28 approval of the final subdivision plat for the immediately preceding phase of the 29 proposed subdivision.Two 2 year extensions to submit the improvement plans 30 and final subdivision plat shall be granted for good cause shown upon written 31 application submitted to the County Manager or his designee prior to expiration 32 of the preceding approval.When extending the preliminary subdivision plat 33 approval,the County Manager or his designee shall require the approval to be 34 modified to bring the project into compliance with any new provision 35 10.02.01 and 10.02.06 of this Code in effect at the time of the extension request. Comment[C327]:Deleting of section 36 10.02.04 and 10.02.05.Do not want to limit to 37 After receipt of completed improvement plans and final subdivision plat,the just procedural review at time of extension. 38 County Manager or his designee shall review and evaluate the improvement comment[C328]:Relocated to 10.02.04 8.7.c 39 plans in light of section 10.02.05 E., including the general requirements Comment[C329]:Relocated to 10.02.04 40 established in section 10.02.05 E.1.,the improvement plans submission 6.3. m 41 requirements established in section 10.02.05 B.2.,the required improvements 42 •.! 43 section 10.02.05 El.,the time limitations pursuant to section 10.02.03 B.1.a., 44 and shall review and evaluate the final subdivision plat in light of the final 45 subdivision plat requirements established in section 10.02.01 B.3. Based on the 46 review and evaluation,the County Manager or his designee shall approve, 47 approve with conditions,or deny the improvement plans. If the improvement 48 plans are denied,then the final subdivision plat shall not be submitted to the 49 Board of County Commissioners unless and until the improvement plans have•50 - - --- - - a -- -- a - 51 designee. If the improvement plans are approved or approved with conditions, I:\Admin Code 2012\Current Work\Admin Code LDC Amendmen�tTorr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 3 . 4 5 6 7 8 9 of denial. 10 [Comment[C330] Relocated to 10.02.04 6.4 11 12 13 14 = 15 16 -_ ... 17 •- ._. _ 18 - -19 - -20 21 = 22 - - •-23 24 25 - 26 27 - 28 29 " 30 - 31 • - --- : - _-- 32 -33 34 '1. Recordation of final subdivision plat. 35 a. Ccncral. No building permits for habitable structures shall be issued•36 - '" _ - - - - 37 of the final subdivision plat. (Comment[C331]:Relocated to 10.02.04 E.1 38 Comment[C332]:Relocated to10.02.04 39 -- - E.2.a and 2.c 40 _ 41 -42 - 43 44 - 45 Board of County Commi&cioncrs or - -2-' __- : • - 46 - _ -- e - Comment[C333]:Relocated to 10.02.04 47 _- _ [Comment .Modified but intent retained. 48 " 49 50 : :- - -• : -_ - Comment[C334]:Relocated to 10.02.04 E.2.d I:tAdmin Code 20121Current WorMAdmin Code LDC Amendmer Tot CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. Rccordation procedure.Aftcr approval of the final subdivision plat by the 2 Board of County Commissioners,but prior to the County Manager or his 3 designee's recording of the final subdivision plat with the clerk of the 4 circuit court,all of the following shall occur: 5 i. The applicant shall obtain all of the signatures on the original plat 6 cover shect(s)that arc associated with the applicant's obligations 7 or that arc otherwise required(together with any separate opinion 8 of title or title certification, and any separate mortgagee's 9 conscnt(s)). 10 ii. The applicant shall submit the original final subdivision plat,and 11 any separate consents,or opinions or certifications of title,to the 12 County Manager or his designee after obtaining the signatures 13 required above.The County Manager or his designee shall obtain 14 all county related signatures required on the final subdivision plat. 15 iii. Simultaneously with the submission of the fully executed final 16 subdivision plat to the County Manager or his designee,the 17 applicant shall also submit in accordance with F.S.§ 177.011, at 18 no expense to the county,tither a title opinion from a licensed 19 attorney authorized to practice in the State of Florida complying 20 with the standards for such opinions as they may be promulgated 21 from time to time,or a title certification,as well as any required 22 documents supporting such title information, and any such related 23 documents as may be required by the office of the county 24 attorney. 25 The effective date of the title information must be no more than 30 26 days prior to the submission of the final subdivision plat to the 27 County Manager or his designee and must contain all of the 28 felled 29 (a) A legal description of at least the lands being platted; 30 (b) A statement that the attorney is licensed to practice in the 31 State of Florida and that the attorney has examined title to 32 the subject real property,if a title opinion is being provided; 33 (c) Identification of the exact name of any person who is the 34 record owner of the subject real property and a specific 35 citation to the official records book and page,where ach 36 record legal owner obtained title to the subject real 37 property.The title information shall have attached thereto a 38 copy of said instrument(s)of conveyance;and 39 (d) Identification of liens,encumbrances,casements,or 40 matters shown or that should be shown as exclusions to 41 coverage on a title insurance policy.As may be applicable, 42 the title information shall include in a neatly bound fashion, 43 44 referenced liens,encumbrances,easements,or 45 46 thereto a copy of any such instruments. 47 iv. Payment of recording and copy fees.The recording and copy fees 48 specified in this section must be verified as correct and paid by the 49 applicant. Upon verification and payment,the County Manager or 50 his designee shall record the final subdivision plat with the clerk of 51 the circuit court in the official records of Collier County, Florida, I:\Admin Code 2012\Current Work\.Admin Code LDC Amendment ors CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 required for the clerk of the circuit court. 4 v. Recording of other documents. If any dedications,grants, 5 6 consents), reservations,covenants,or other like instruments are 7 8 9 10 11 of the final subdivision plat. 12 vi. Additional copies. If the applicant or its professional surveyor or 13 14 - - - - 15 . _- ••-e- • .--- -- ------ r i n g services director and 16 = 17 recording and payment of fees. 18 vii. Completion of improvements.The required improvements shall be 19 _ 20 21 a - 22 ' 23 viii. Supporting"gap"title information.Within 60 days of recordation of 24 - - 25 26 - 27 28 29 required by this section.The fineg=titlo 30 31 - 32 33 ifnefevenlents7 34 -35 36 - 37 - 38 -_ _•_ - - -_ -39 40 41 42 consents on the final subdivision plat.The 43 --_ 44 ' 45 Comment[C335]:Relocated to 10.02.04 E.3 j 46 Bx. After approval for recording by the board, but prior to recordation 47 _. 48 49 the final plat. f Comment[C336] 10.02.04 B 5.c 50 3 5. Relationship and amendments to preliminary subdivision plat.The improvement 51 - I:lAdmin Code 20121Current Work\Admin Code LDC Amendment 3r CCPC on 071813(071713)FINAL docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 e e e• e _ e e __• _-e e _.e-• _ _ Comment[C337]:Duplicative. 2 3 applicant shall be reviewed and determined to be acceptable by the County 4 Manager or his designee prior to the processing of the improvement plans and 5 ._ 6 7 provided those amendments are based on generally accepted, sound, 8 professional cnginccring principles and practices in the state. Requests for 9 10 11 citations to professional cnginccring studies, reports or other generally accepted 12 professional cnginccring services in the state to substantiate the amendment 13 requested. Comment[C338]:Relocated to 10.02.04 A.4 14 6. Model sales centers,model homes, review and determination.As provided for 15 within section 5.04.01,Temporary use permits. 16 8. Construction of required improvements. 17 4.. Seastrbrstion spesi€isatioas.Construction specifications shall be those prescribed 18 in the design requirements of this section,those prescribed by the Florida 19 20 - -- - 21 Manager or his designee,and those contained in the approved technical 22 23 - .. 24 a project by project basis. 25 2. Administration of construction.After approval of the final subdivision plat and 26 improvement plans,and upon posting of the subdivision performance security 27 when required,the applicant shall construct the required improvements subject to 28 obtaining and submitting to the County Manager or his designee all required 29 - 30 or his designee shall be notified in writing at lest 18 hours in advance of the 31 date of commencement of such construction:Construction shall be performed Comment[C339]:Relocated to 1a02.05 A.2 i 32 under the general direction and observation of, and shall at all times be subject 33 to,review by the County Manager or his designee; however,this in no way shall 34 relieve the applicant of the responsibility for final compliance with the approved 35 improvement plans and all of the requirements of this section. Final certification 36 of the construction of the required improvements from the applicant's 37 professional engineer shall be filed with the County Manager or his designee. 38 Construction observation is required to observe that the required improvements 39 have been installed in compliance with the approved improvement plans. 40 3. Observation of constructionl.The applicant shall have the professional engineer 41 or engineer's representative make periodic site visits at intervals appropriate to 42 the various stages of required improvement construction to observe the 43 contractor's compliance with the approved plans and specifications.At the time of Comment[C340]:Relocated to 10.02.05 A.3 44 preliminary acceptance,the applicant's professional engineer shall submit a 45 completion certificate for those required improvements completed.The 46 completion certificate shall be based on information provided by the project 47 surveyor and the engineer's own observations.The completion certificate shall•48 - e e - • e - e • -- ' -- - 49 be resolved to the satisfaction of the engineering services director prior to 50 preliminary acceptance of the improvements. i Comment[C341]:Relocated to 10.02.5 B.2 J I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current toxt to bo deleted from LDC Bold text indicates a defined term 1 1. Construction schedule. Upon approval by the County Manager or his designee of 2 3 _ 4 5 6 7 meeting,a schedule of construction and copies of all applicable state and federal 8 permits shall be provided to the County Manager er kris-designee.At .st-4& 9 , • -_--__•-- 10 - : .:.- : - - :: :_. Should any construction commence on Comment[C342]:Deleted 11 12 13 14 ' ' ._ ... L Relocated 1 15 Comment[C343]: to A 1 16 17 18 corrective work on the required improvements shall be considered in scheduling 19 - 20 21 - 22 23 e: e : : e e - Comment[C344]:Modified and relocated to 24 • ._ .._ e _ 10.02.05 A.5 25 beneath the pavement shall be completed,tested,and found to be in 26 27 pavement.All provisions associated with any water and sewer facilities 28 _ - 29 Or inane°[No.]88 76[Code ch. 131,art. III],as amended,— al er 30 - 31 32 - - 33 34 inspections which require the presence of the engineering services director. 35 Notification of all required inspections s . a- _ _ •- - .__ a-- - - 36 the development. Based on the scheduling and progress of construction,the 37 38 the time these inspections are required.At least 18 hours'notice shall be 39 provided to the engineering services director to allow scheduling of an inspection. 40 Verbal confirmation of inspection time or a request for rescheduling will be made 41 by the cnginccring engineering services:. '' e- -' Comment[C345]: Updated and relocated to 42 6. All required inspections as noted in the Collier County Utilities Standards and 10.02.05 A.4 43 Procedures Ordinance,subsection 9.1.2 shall require notice to the engineering 44 cervices director.Also,the engineering services director shall be notified at the•45 _ a _ _ _ _ - 46 with roads or sidewalks. Comment[C346]:Relocated to 10.02.05 47 7. From time to time,the engineering services director shall inspect the progress of A.4.a 48 construction. Should special inspections be required they shall be coordinated Comment[C347]:Relocated to 10.02.05 p 49 through the applicant. A.4.b 50 8. The foregoing notwithstanding,Iroutine spot inspections by the engineering 51 - _ •_ :- -o o. •• -- - e. _ o• __ e• a -• a__ 1 .05 with above and.� �Comment[C348]:Combined ' - - -- - - - relocated to 10.02 A.4.b I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 compliance with thc approved improvement plans. During the on site inspection 2 process,if thc engineering cervices director finds construction in progress which 3 does not comply with the procedures,policies and requirements contained in this 4 5 6 work order is isued, it shall remain in full effect with respect to the defective 7 work until such time as the documented discrepancies have been corrected to 8 the full satisfaction of the engineering services director. 9 P. Design modification,. Deviations from the approved improvement plans due to [Comment 5C3491:Modified.Relocated to 10 - - - - [Comment _ _ _ _ _ _ _ _ _ - - _ __ 10 2.05A 11 - 12 - 13 _ _ _ _ _ _ • 14 15 approved design. However,if required by the County Manager or his designee, a 16 detailed written description of the proposed deviations or requested design 17 modifications,the roasonc for the deviations or modification,and revised 18 improvement plans shall be submitted to the County Manager or his designee for 19 approval.The County Manager or his designee may require written approval for 20 specific deviations or modifications to be issued by him before construction of 21 those items may commence. 22 10. Measurements and tests.After construction,the applicant's professional 23 engineer of record shall submit a report to the County Manager or his designee 24 which documents the dates of inspection, all measurements,field tests, 25 26 construction. 27 11. Expiration. f improvements are not completed_within the prescribed time period Comment[CM]:10.02.05 E.1 28 29 has been submitted,the engineering cervices director may recommend to the 30 board that it draw upon the subdivision performance security or otherwise cause 31 the subdivision performance security to be used to complete the construction, 32 - _ •- 33 improvements shall receive final acceptance by the Board of County 34 Commissioners within 36 months from the date of the original board approval. 35 36 of the required improvements.A maximum of 2 extensions may be granted. Each 37 request should provide written justification for the extension. 38 12. County completion of required improvements.When a final subdivision plat has [Comment[C3511:Modified.Relocated to 39 - - - - - - - _- - E. _ _ _ _ _ _ _ __ _ _ -_ 1002.05 2 40 required improvements as required by this section,the Board of County 41 42 - - .._. - 43 - . .. 44 _ 45 _ 46 47 such case,the Board of County Commissioners shall direct the County Manager 48 or his designee to call upon the subdivision performance security to secure 49 satisfactory completion, repair,and maintenance of the required improvements, 50 to make his best efforts to restore the property to its predevelopment condition, 51 or to otherwise take action to mitigate the consequences of the failure to I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 the required improvements,the County Manager or his designee shall report to 3 the Board of County Commissioners and the board shall accept by resolution the 4 dedication and maintenance responsibility as indicated on the final subdivision 5 plat. In such case, the remaining subdivision performance cecurity posted by the 6 7 acceptance in lieu of the required maintenance agreement and subdivision 8 performance security to provide funds for any repairs,maintenance,and defects 9 occurring during this warranty period. 10 - - - - _o e .' e :: o o Comment 3C352]:Modified.Relocated to 11 construct, install,and complete the required improvements prior to recordation of 10.02.05E 12 the final subdivision plat and fails to complete such improvements within the time 13 ' 14 No reference shall be made to the preliminary subdivision plat or the final 15 subdivision plat with respect to the sale of lots or issuance of building permits, 16 unless and until the preliminary and final subdivision plats have been resubmitted 17 18 in this section have been granted. Under these circumstances, the applicant 19 shall be required to compensate the county through the payment of new review 20 and inspection fees,as though the development were being submitted for its 21 22 C. Completion,approval and acceptance of required improvements. 23 1. Ceneral.The required improvements constructed under the policies,procedures, 24 guidelines, and requirements established in this section shall be approved and ^ 25 accepted by the Board of County Commissioners as prescribed in this section. 26 All applicable completed water and sewer facilities shall simultaneously be 27 conveyed to Collier County,or to Collier County Water Sewer District or its 28 dependent water sewer districts,where appropriate,or the appropriate water 29 sewer district in conformance with the provisions of Collier County Ordinance No. 30 88 76[Code ch. 131, art.Ill],as amended.All roadway improvements intended 31 to be turned over to Collier County for operation and maintenance shall provide a 32 ' 33 any such acceptance.This section describes the policies, procedures and data 34 required to obtain approval and acceptance of all required improvements 35 constructed. 36 2. Acceptance of required improvements. Upon completion of all required 37 _. 38 39 designee.All water and sewer facilities approved and accepted in this fashion 40 and required to be maintained by Collier County shall be conveyed to the county 41 pursuant to the provisions set forth in Collier County Utilities Standards and 42 Procedures Ordinance[Code ch. 134 art. III],as amended.A maintenance 43 agreement and the posting of subdivision performance security for the 44 maintenance of the required improvements shall be required prior to the 45 46 3. Procedures for acceptance of required improvements.The applicant shall submit 47 the following data,certifications, inspections and documents for review and 48 approval by the site development review director prior to the county administrator 49 [manager],or his designee denying,granting, or granting with conditions 50 preliminary approval of any completed required improvements and prior to 51 authorizing the site development $review director to issue any building permits, I:\Admin Code 2012\Current Work\Admin Code LDC Amendment Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 except as provided for in section 10.02.01 Aid.of this Code,for structures to be 2 _ - 3 chosen to construct the improvements prior to recording of the plat. 4 a. Maintenance agreement and subdivision performance security.The 5 6 - • . . - - _ 7 the period beginning upon preliminary acceptance of all completed 8 required improvements by the Board of County Commissioners and 9 ending upon final acceptance of the required improvements.The 10 maintenance agreement shall be submitted to the County Manager or his 11 designee along with the completion certificate,development records and 12 subdivision performance security for maintenance of the required 13 improvements in an amount equal to ten percent of the cost of required 14 improvements.The subdivision performance security shall be in a form 15 established by the County Manager or his designee from time to time and 16 as shown in appendix A.The maintenance agreement and security shall 17 be approved by the county attorney prior to acceptance by the Board of 18 County Commissioners. 19 - ---- .. 20 dedication of public spaces,parks,rights of way,easements,or required 21 improvements shall not constitute an acceptance of the dedication by the 22 county.The acceptance of the dedication shall be indicated by a 23 - 24 -- • . . .... .. - . 25 the standards established by this section. Such resolution shall be 26 prepared by the County Manager or his designee after all of the 27 procedures and requirements for preliminary acceptance of the required 28 improvements have been met to the satisfaction of the County Manager 29 rho Designee. 30 c. Completion certificate, record improvement plans and supportive 31 documents.The required improvements shall not be considered complete 32 33 engineer of record along with the final development records have been 34 35 designee for compliance with this section.The applicant's professional 36 engineer of record shall also furnish 1 set of record improvement plans on 37 a mylar or other similar acceptable material,with a minimum of 2 mil 38 39 or his designee,showing the original design in comparison to the actual 40 finished work.The mylars shall be labeled as record drawings on each 41 sheet prior to printing of the required sets of prints.The applicant's 42 profe'sional engineer shall also submit digitally cr ated construction/site 43 plan documents, 1 disk(CDROM)of the master plan file, including,where 44 applicable, ascments,water/wastewater facilities,and stormwater 45 drainage system.The digital data to be submitted shall follow these 46 formatting guidelines:All data shall be delivered in the state plane 47 coordinate system,with a Florida East Projection, and a North American 48 Datum 1983/1990(NAD83/90 datum),with United States Survey Feet 49 (USFEET)units; as established by a Florida registered surveyor and 50 •-• _ - _ _ e. 51 feet. Files shall be in a Digital Exchange File(DXF)format; information I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG Bold text indicates a defined term 1 layers shall have common naming conventions(i.e. right of way ROW, 2 centerlines CL,edge of pavement EOP,etc.). For a plan to be 3 deemed complete,the layering scheme must be readily understood by 4 county staff.All property information(parcels,lots, and requisite 5 . 6 7 .. -- -- .. - - -8 9 unique layer. Example: lot dimensions Lottxt layer. In addition,a copy of 10 applicable m asurements,tests and reports made on the work and 11 material during the progre's of construction must be furnished.The 12 - - - - •- .- - -13 14 limited to the following items which have been obtained through surveys 15 •- _ •- _ . 16 i. Roadway centerline elevations at all intersections and at a 17 minimum at all points of vertical intersection(PVI)along the 18 roadway- 19 ii. Invert and inlet elevations of all water management structures, 20 • - , 21 the like. 22 iii. All record drawing data for water and sewer facilities pursuant to 23 the provisions of section 10.4 of the Collier County Utilities 24 - '� 25 iv. Centerline inverts on all open swales at high and low points and at 26 100 foot stations along centerline. 27 v. The following data shall be submitted in report form for the 28 acceptance of streets,roadways, alleys or the like for 29 maintenance purposes: 30 (a) Name of subdivision,block, plat book and page of 31 recording. 32 (b) Name of each street proposed to be accepted for 33 maintenance purposes. 34 (c) The beginning and ending point for each street proposed 35 to be accepted. 36 (d) The centerline length of for[sic] ach street proposed to be 37 accepted- 38 (c) The number of lanes for ach street proposed to be 39 accepted. 40 d. Final release of lien from contractor(s).The applicant shall provide to the 41 county a copy of the final release of lien from any utility/roadway 42 contractor(s). 43 4. Recordation of final subdivision plat required. If the final subdivision plat has not 44 45 ' 46 with all required signatures,other than those from Collier County,shall be 47 48 improvements, 49 5. Inspections. Preliminary and final inspections of all required improvements 50 satisfactory to the county shall be required. Preliminary inspection of the 51 -- • . .. ••-• 1:1Admin Code 2012\Current WorkkAdmin Code LDC Amendment oar CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 improvements and the granting of preliminary acceptance. During preliminary 3 4 5 .._. _ 6 applicants professional engineer of record.All required improvements shall be in 7 full compliance with the approved improvement plans and record improvement 8 plans prior to submission to the board. 9 10 approval of the required improvements by the county administrator or his 11 designee. During final inspection the required improvements will be examined for 12 _ - 13 14 regarding the procedure required to obtain final acceptance of the required 15 improvements. 16 6. Preliminary approval.Upon satisfactory completion of the required 17 18 of this section,the County Manager or his designee shall, if in agreement,certify 19 --- - - - -20 _ _ •- _.. _. 21 administrator or his designee shall preliminarily approve the required 22 improvements,establish the responsibilities for maintenance of the completed 23 • . . - •- 24 agreement and the posting of a subdivision performance security for 25 26 sum of the construction costs for all on site and off site required improvements 27 based on the applicants engineer's opinion of probable construction costs or 28 29 improvements.The date of this action shall designate the commencement of the 30 - 31 -- - - - 32 by the County Manager or his designee. 33 •34 35 - - - - 36 37 - 38 establishing county responsibility for maintenance of the required improvements 39 - - •- - ... . 40 obligation to accept maintenance responsibilities for any facilities dedicated to 41 42 43 improvements and applicable acceptance of the facilities has been granted, 44 45 46 by the county. 47 8. Conditional final acceptance.At the discretion of the engineering review director, 48 a developer may apply for a conditional final acceptance.The conditional final 49 50 - - -51 Q - I:\Admin Code 2012\Current Work\Admin Code LDC Amendment fo�CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 = 2 cost of the remaining improvements.Additionally,the developer shall provide a 3 letter to the engineering review director,which confirms the developer's intent to 4 complete all of the remaining improvements within a 12 month time period. 5 Additional 1 year extensions may be approved by the engineering review 6 director. 7 O. Vacation and annulment of subdivision plats.Vacation and annulment of a subdivision 8 plat shall be in accordance with F.S.§ 177.101,as amended. (Comment[C353]:Relocated to 10.02.05.C 9 E. Improvement Plan Requirements. 10 1. Cencral requirements. Improvement plans for all of the improvements required 11 by this section shall be prepared,signed,and sealed by the applicant's 12 professional engineer.A minimum of 5 sets of improvement plans shall be Comment[C354]:Relocated to Admin Code 13 submitted to the County Manager or his designee and shall include,but not be and LDC 10.02.04 D.2.b 14 limited to,construction drawings,written technical specifications,the professional 15 engineer's opinion of probable cost to construct the required improvements, 16 design computations, all necessary supportive documentation,and any other 17 information set forth in this section.The improvement plans and other required 18 cubmis cions shall be so complete that from them a thorough review and analysis 19 - -_ . -- _ _ • - =ans shall be transmitted under 1 cover for the 20 - 21 a. Streets,paving,grading,and water management(drainage); 22 b. Bridges; 23 c. Water and sewerage systems, including,where applicable,water 24 reuse/irrigation pumping,storage and transmis sionldistribution systems; 25 a 26 d. Street lighting, landscaping within public rights of way,parks, recreational 27 or as and parking areas. Plans for streetlights shall bear the approval of 28 - 29 30 similar entity, it shall be designed by the applicant's engineer. Comment[C355]:Relocated to 10.02.04 B.2 ) 31 2. Improvement plans submission requirements.The improvement plans shall be 32 prepared on 21 inch by 36 inch sheets and well as being digitally created on 1 or 33 more CDROM disks.All data shall be delivered in the North American Datum 34 1983/1990(NAD83/90)State Plane coordinate system, Florida East Projection, 35 - - -36 Surveyor&Mapper in accordance with Chapters 177 and 172 of the Florida 37 Statutes.All information shall meet Minimum Technical Standards as established 38 in Chapter 61G17 of the Florida Administrative Code. Files shall be in a Digital 39 Exchange File(DXF)format;information layers shall have common naming 40 conventions(i.e. right of way ROW,centerlines CL,edge of pavement EOP, 41 etc.) Comment[C356]:Moved to Admin Code. 42 a. A cover sheet,including a location plan. l Construction Plans and FSP—Digital 43 b. Improvement plans,design reports and specifications detailing/showing submission Reqs 44 complete configurations of all required improvements including,but not 45 limited to,all water,sewer,roads,water management systems,and all 46 appurtenant facilities, public or private.The complete calculations used to 47 design these facilities shall be included with the improvement plans. If the 48 development is intended to be in phases,each phase boundary shall be 49 clearly delineated. 50 - 51 management plan approved in the preliminary subdivision plat, if the i;\Admin Code 2012\Current Work/Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 complete water management sye _ -_ _ .--• - 3 4 5 6 _. . 7 applicant, his successors or assig :. -- .-• _ - 8 - -- - -- - =ts consistent with the Collier County 9 = ' 10 11 12 13 14 15 - 16 17 18 Comment[C357]:Included in the Admin 19 d. Typical design sections(e.g.,roadway cross sections)and summary of Code Water Management Section 20 - 21 c. Construction details showing compliance with applicable federal,state 22 and local standards. 23 f. Plan and profile sheets,showing roads,water,sewer,conflict crossings, 24 25 g. A clearing plan for those areas where improvements arc to be 26 27 _ 28 29 10.02.01 A.3. 30 h. Benchmark, based on NOM datum(both NAVD and NGVD). 31 i. Soil analysis,showing the locations and results of test borings of the 32 " 33 j. The improvement plans and attachments shall address special conditions 34 •- 35 36 i. Required compliance with special conditions of this section. 37 ii. Where applicable, required ompliancc with federal,state and 38 39 iii. Source of water and sewer service. 40 iv. Required installation of subsurface construction such as water 41 - 42 43 k. Detailed written technical specifications for all improvements required 44 45 46 1. All development orders,development permits and construction permits 47 48 49 _ 50 iffiffevement-plans, I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 m. Detailed hydraulic design calculations utilized to design thc water and 2 3 for thc subdivision or development. 4 n. The final subdivision plat, prepared in conformance with the approved 5 6 subdivision plat,and thc final subdivision plat requirements contained in 7 section 10.02.01 B.3.,pursuant to the provisions of section 10.02.05 A.2.. 8 9 10 p. Factual information and data relating to previous zoning actions affecting 11 the project site. 12 q. A soil erosion and sediment control plan pursuant to this chapter. 13 r. Upon re submittal of construction plans and plats,the engineer shall 14 identify all revisions to the construction plane by lettering or numbering; 15 the surveyor shall identify all revisions to the plat by highlighting the 16 current revisions.The applicant shall also provide a written response to 17 the county's comments, responding to each comment individually. Comment[C358]:Revised Moved to Admin 18 e. Subdivision Construction Plans and Plats(PPLs)once submitted for Code 19 review,will remain under review so long as a resubmittel in response to a 20 county reviewer's comments is received within 270 days of the date on 21 which the comments were sent to the applicant. If a response is not 22 received within this time,the application for PPL review will be considered 23 withdrawn and cancelled. Further review of the project will require-a-new 24 application together with appropriate fees. Comment[C359]:Relocated to 10.02.04 25 3. Required improvements.The following improvements in this section are required in 8.5.e J 26 - -=- Comment[C360]:All of E.3 is relocated to 27 _ • • ._ _. .__ -_ [10.02.04C 28 29 ' 30 performance security in 1 of the forms prescribed in this section to assure the 31 32 designed and constructed in accordance with the design requirements and 33 34 state,and local agencies.Where approval of a final subdivision plat and 35 36 reduced below the level established by the growth management plan for Collier 37 38 •--- - - ' -39 ch. 106,art. 1111 or its successor in function are met. 40 a. Access to public roads,The street system of a subdivision approved Comment[C361]:Retained in 4.03.08 A.4 41 - _. _ _ _ _ _._ _ __ Cross reference to 4.03.08 A.4 in new 10.02.04 42 or county maintained,with adequate capacity as defined by the growth c.3 43 management plan to accept the traffic volumes generated by the 44 proposed development. Unless topography,or a compliance with the 45 county's access Control Policy(Rccolution No. 01 217)as may be 46 amended,or the Collier County Construction Standards Manual prohibits 47 - -48 no more than 1,000 average daily trips(ADT)per access point(existing 49 or future).The maximum number of access points required by this section 50 shall be 6. Proposed developments accessing public roads shall be 51 subject to the requirements of the Collier County Adequate Public I:)Admin Code 2012\Current Work\Admin Code LDC Amendment fo3r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 _ .. 2 3 No.82 91,as amended. 4 b. Alleys.'Alleys may be provided in industrial,commercial and residential Comment[C362]:Retained in 6.06.01 I. 5 6 7 installed.Alleys shall be utilized for secondary access unless otherwise 8 provided in this Code. 9 c. Bridges and culverts.Where a subdivision or development includes or (Comment[C363]:Retained in 6.06.01 M. 10 , Il Cross reference to 6.06.01 M in new 10.02.04 11 channels,or the like,bridges or culverts shall be provided to implement C.7 12 the proposed street system.The bridge or culvert design shall be 13 prepared by a professional engineer. 14 d. Canals.Any canal which forms a part of the public water management Comment[C364]:Retained in 6.05.01 E 15 - - - __ - - - - Cross reference to 6.05.01 E in new 10.02.04 16 ` - C. 17 18 water management system shall be dedicated to the public,without the 19 20 - - 22 ' 23 24 its maintenance. 25 i. Drainage(water management).An adequate water management system, Comment[C365]:Retained in 4.03.08 B. t�1 26 including necessary open swales,ditches,storm sewers,drain inlets, Cross reference to 4.03.08 B in 10.02.04 C.4 27 Renamed-Water Management System 28 29 30 groundwater.The water management system shall ovide-for 31 32 33 specifications. 34 f. Easements.If applicable,easements chall be provided along lot lines or (comment[C366]:Retained in 6.01.02(intro). 35 36 accordance with all design requirements so ac to provide for prey 37 38 39 plat €the applicant chooses to submit the optional prelim 40 41 42 43 g. Elevation,land filling, excavation and demolition The elevation of all Comment[C367]:Retained in 4.01.01 44 (Cross reference to 4.01.01 in new 10.02.04 C.1 45 Renamed:Elevation,land filling,excavation, 46 - - --- - -. - - :- and demolition requirements for all development 47 above the established NAVD datum as adopted by the Board-of County 48 49 50 51 filling,conservation,excavations, --•-- '- _ - _ -_ -_- - _ - I:lAdmin Code 2012\Current WorMAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 be observed during the construction of any improvements within Collier 2 County. 3 h. Fire hydrants!Fire hydrants shall be provided at no cost to the county in Comment[C368]:Retained in 6.04.03 B.3. 4 all subdivisions and developments. In all cases,fire hydrants shall be Cross reference to 6.04.03 B.3.in new 10.02.04 5 provided and spaced in the manner prescribed by the design c.s 6 requirements of this section. 7 i. Monuments and control points. Permanent monuments and control points - Comment[C369]:Similar to 4.03.07 Cross 8 shall be set as prescribed by F.S.ch. 177,as amended. Details pertaining reference to 4.03.07 in new 10.02.04 C.2 9 _ 10 11 amended- 12 b. Parks, protected areas,preservation areas,conservation areas, 13 recreational areas,and school sites. Comment[C370]:Language relocated to 14 i. Parks, protected areas,preservation areas,conservation areas. 10.02.04 C.15 15 16 17 applicable mandatory dedication requirements and regulations-ef 18 federal,state and local agencies. 19 ii. Recreational ar as. Recreational areas shall be dedicated and/or 20 21 22 and local agencies. 23 iii. School sites.School sites shall be dedicated and/or conveyed in 24 ^ 25 conveyance requirements and regulations of federal,state and 26 local agencies. 27 k. Plantings,trees,and grass.All rights of way and asements for streets, Comment[C371]:Retained in 6.06.01 0.2 28 Cross reference to 6.06.01 0.2 in new 10.02.04 29 other suitable vegetation on both sides in accordance with the g Renamed-Landscape buffers 30 31 32 to Chapter 1 and the right of way Construction Handbook,Collier County 33 _ • - _ - - - -- - e. e.-: 34 Code ch. 110,art. II].All unpaved areas within rights of way shall be 35 stabilized by seed or sodding of cultivated grass species suitable to the 36 37 38 of all swats sections approved for use by the County Manager or his 39 designee shall also be sodded as required for erosion control. 40 1. Sanitary sewer system.A complete sewage collection and transmission Comment[C372]:Cross reference to Utility 41 -_ ,_ _ .._. _ __ 04- as amended in new Standards Ord.rd2 31 a 42 shall be provided by the applicant,for all subdivisions and other types of 1o.oz.oa c.14 .0 43 development.All facilities shall be designed in accordance with federal, 44 state and local requirements.When required,the sewage collection and 45 - - - 46 County Water Sewer District or other dependent district where 47 - 48 Ordinance[No.]88 76[Code ch. 131,art. III], as amended. 49 If county central sewer facilities arc not available to connect with,the 50 sewage collection and transmission facilities conveyed to the county shall 51 •_ _ .. _ I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 cower faciliticc arc available for connections All sewer facilities-shall-be 3 4 5 6 7 to the county's central facilities is ---:-. •- - - -- - -- -- ---- 8 9 ' 10 agreement entered into between the county er 11 Sewer District and the =- -- . _ - ___ _ - e - _ _ •• 13 - 14 15 chapter 10D 6, F.A.C., i.c.,septic systems,arc allowed under required 16 17 18 eeaaection to the county's central sewer facilities,when 19 the subdivision or development.Any such"dry"sewer facilities shall be 20 21 22 responsibilities for the"dry"facilities shall be specified purcuant to a lease 23 - -- -24 - 25 connect the"dry"system,connection shall be completed within 00 days 26 - ••: :.----- : .-„fer these facilities by-the county 27 28 _ 29 30 31 -32 _.. 33 state and local regulations 34 • 35 - - 36 37 38 = 39 - - -- " 40 cervice within 5 years. 41 42 _ - 43 m. Shoreline and waterway alterations and additions.All requests for the Comment[C373]:Language relocated to 44 e• -- - - : - _ 1002.04c16 45 46 47 - 48 _ 49 50 51 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment four CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Whenever possible,all proposed construction of s awalls,bulkheads, 2 3 4 or federal permits required for construction must be submitted to the 5 County Manager or his designee prior to the commencement of 6 senstr 7 n Strccts and access improvements. 8 All subdivision streets,access improvements and related facilities, Comment[C374]:Retained in 4.03.08 A 9 whether public or private,required to serve the proposed Cross reference to 4.03.08 A in new 10.02.04 10 development shall be constructed by the applicant.The design c.3 11 and construction of all subdivision streets, access improvements 12 and related facilities shall be in conformance with the design 13 requirements,regulations and standards established in this 14 section and shall include but not be limited to the pavement 15 structure,drainage,sidewalks and traffic control/safety devices. 16 - _- c- = Comment[C375]:Retained in 6.06.01 A.] 17 =_ Design Requirement,not Required 18 Improvement 19 20 _ 21 22 Comment[C376]:Retained in 6.06.01 E. I 23 Design Requirement,not Required 24 Improvement 25 26 rsioeitoir.iml=shatale-seetiffi-and-tlae-Felotisaglol=4*-ef=t4=ie 27 --- 28 - - --- —_ c_ - --_- - _- 29 30 31 32 s 33 (b) All existing and future public and private rights of way that Comment[C377] Retained in 6.06.01 0.1 34 - -- 'e- e .- ._• - Cross reference to 6.06.01 0.1 in new 10.02.04 35 s c 36 separating them from other rights of way or the project 37 38 pursuant to Chapter 9.The buffer area in these cases shall 39 be separately designated on the final subdivision plat as a 40 41 subdivision plat cover sheet to the appropriate property 42 43 44 01 F Comment[C378]:Retained in 6.06. 45 -- Design Requirement,not Required 46 Improvement 47 48 _ 49 - - _• _ ' - - -- 50 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 4 5 :_ - __ _ - 6 Comment[C379]:Retained in 6.06.01 H.•7 __a__'__: _ _'_ _ =----__-; _ _ D esign Requirement,not Required 8 Improvement 9 10 - 11 12 i .! Comment[C3 80].D eleted.Not possible with 13 House Bill 503 14 -e e• e e a e e 'e e e o o e e- _ Comment[C381] Retained in 6.06.01 P.1-3. 15 intersections and locations designated by the Transportation Design Requirement not Required 16 Administrator or his dcsigncc for all affected ctrccts,whether the streets. Improvement 17 18 be installed and constructed by the applicant to the applicant's engineer's. 19 - 20 21 Get forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on 22 Uniform Traffic Control Devices for public streets.The Transportation 23 Administrator or his designee shall accept alternative specifications on 24 public streets signage where an acceptable maintenance agreement has ---. 25 been provided.Alternate specifications for private street signage where a 26 property owners'association or other entity has maintenance 27 28 designee- 29 30 streets shall bear the same name of the existing street.All street names 31 shall have a suffix(i.e.,street,avenue,boulevard,drive, place,court,etc.) 32 and in no case,except as indicated in the preceding sentence,shall the 33 34 existing street name regardless of the use of the suffix. 35 36 37 38 39 subdivision plat. 40 .. _.._ . - -- -- ' - -'-. - Comment[C382]:Retained in 6.06.01 Q. 41 Cross reference to 6.06.01 Q in new 10.02.04 42 -- - -- - --- c.10 43 Where concrete valley gutters border the edge of pavement and for 44 - 45 Administrator or his designee. 46 P. Traffic control devices. Traffic control devices shall be provided by the Comment[C383]:Retained in 6.06.01 R. 47 developer when engineering study indicates traffic control is justified at Cross reference to 6.06.01 R in new 10.02.04 48 an street intersection within the subdivision or development or where the C.11 Y p 49 50 - 51 arc subject to county approval. t l:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 If more than 1 development or subdivision is involved,each shall be 2 3 traffic control devices.The cost of all required traffic control devices shall 4 be included in the amount of subdivision performance security furnished 5 _.._. 6 14. Design requirements for Water Management. 7 a. Plans and specifications.As a precondition for approval of improvement plans 8 the developer shall deliver to the County Manager or his designee complete 9 _ 10 11 not be limited to,the following: 12 i. A topographic map of the land development related to both NAVD and 13 NGVD with sufficient spot elevations to accurately delineate the site 14 - 15 Chown referenced to 1 datum with a note on the cover sheet listing a site 16 specific equation for determining the grades in the other datum. 17 ii. A drainage map of the entire basins within which the development or 18 19 data in a manner acceptable to the County Manager or his designee.All 20 . . . 21 of all the existing and proposed drainage areas shall be shown and 22 related to corresponding points of flow concentration. 23 iii. Flow paths shall be indicated throughout including final outfalls from the 24 development and basins,existing water elevations,all connected and 25 26 water elevations,and other related hydrologic data. 27 iv. Drainage data,assumed criteria and hydraulic calculations,consistent 28 with the criteria and design method established by the South Florida 29 Water Management District. 30 v. Plans showing proposed design features and typical sections of canals, 31 32 _ 33 construction. •34 • -• - - - - - - - - --- - --- . - --- - -- • - 35 existing roads,elevations and other pertinent details shall be shown for 36 existing roads. 37 vii. Where additional ditches,canals or other watercourses are required to 38 accommodate contributory surface waters,sufficient right of way shall 39 be provided by the developer or subdivider to accommodate these and 40 future needs. 41 viii. For projects which require a construction permit to be issued by the South 42 .._. 43 the final subdivision plat shall not be granted by the County Manager or 44 45 permit is submitted to the County Manager or his designee. 46 ix. The master drainage plan shall include the drainage plans and details for 47 all lots.The master drainage plan shall show proposed finished grade 48 elevations at all lot corners and breaks in grade.The engineer shall state 49 on the water management calculations the basis for wet season water 50 table selection. I.\Admin Code 2012\Current Work\Admin Code LDC Amendment four CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 x. Construction plans for all subdivisions, site development plans,sito 2 3 4 - 5 berms, swats, stormwater outfall systems and on site perimeter swaleo 6 - - - - -- - - _ _ 7 construction of on site improvement. 8 a) This requirement shall be established at the mandatory pre 9 construction conference. Failure to comply with completion of the 10 required off site improvements will result in a stop work order 11 being issued until such time as the project is brought into 12 compliance with this requirement. 13 b. The engineer of record prior to final acceptance, shall provide 14 15 been provided information on how the stormwater system works 16 and their responsibility to maintain the system. Comment[C384]:Relocated to the Admin 17 # # # # # # # # # # # # # Code-Construction Plan reqs section 18 I:Wdmin Code 2012\Current Work/Admin Code LDC Amendmer7 709 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Ch.4 E.4 Vegetation Removal Permit Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.06 A and B: • Updated provisions in accordance with HB 503 and current county LDC provisions 10.02.06 C: • See 3.05.02 for relocated language. • Relocated vegetation removal permit requirements to 3.05.02 to consolidate similar provisions. Section 3.05.02 and 10.02.06 C contained almost verbatim language and a conflict existed. Revision: 6/6/13 CC 1 2 10.02.06 Submittal Requirements for Permits 3 A. Generally.Any permit submitted to the County must meet the requirements for that 4 particular permit, as more specifically stated below. 5 1. Relation to state and federal statutes. 6 a. Required state and/or federal permits.Where proposed use or 7 development requires state or federal development orders or permits 8 prior to use or development,such development orders or permits must 9 be secured from state or federal agencies prior to commencement of any 10 construction and/or development, including any changes in land 11 configuration and land preparation. 12 b. Development of regional impact.Where a proposed use or 13 development is a development of regional impact(DRI), it shall meet all 14 of the requirements of F.S.ch.380, as amended,prior to the issuance of 15 -• --. - -.. • •.•••• . .• • . ••• .•. commencement 16 of construction or development. Submission of the application for 17 development approval(ADA)for a DRI shall be simultaneous with the 18 submission of any rezoning and/or conditional use application or other 19 land use related petition required by the LDC thi ode�e n sC to allow for 20 concurrent reviews and public hearings before both the Planning 21 Commission and the BCC of the ADA and rezone and/or conditional use 22 applications.The DRI and rezone and/or conditional use shall be 23 approved prior to the issuance of any required county development 24 orders or permits and commencement of construction or development. 25 2. No approval of the final subdivision plat, improvement plans or authorization to 26 proceed with construction activities in compliance with the same shall require 27 Collier County to issue a development order or building permit if(1)it can be 28 shown that issuance of said development order or building permit will result in 29 a reduction in the level of service for any public facility below the level of service 30 established in the Collier County gGrowth mManagement pPlan,or(2)if 31 issuance of said development order of[or]building permit is inconsistent with 32 the growth management plan.Anything in this section to the contrary 33 notwithstanding,all subdivision and development shall comply with the Collier 34 County Adequate Public Facilities Ordinance[Code ch. 106,art. III]and the 35 growth management plan. 5 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment Tot CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current text to bo deleted from LDC Bold text indicates a defined term 1 B. Building Permit or Land Alteration Permits. 2 * * * * * * 3 f. Zoning and land use approval required prior to or simultaneously with 4 issuance of building or land alteration permit or occupancy of land and 5 space with the exception of the Early Construction Authorization(ECA) 6 permit pursuant to LDC section 10.01.02 CI.A zoning certificate,attesting L Comment[C385]:New language 7 to compliance with all aspects of the zoning provisions of the LDCLand —� 8 development Code,shall be required prior to obtaining a building or land 9 alteration permit or to occupying any space of land or buildings or for 10 the conduct of a business in all zoning districts.The following zoning 11 certificate review procedure shall provide for the issuance of a zoning 12 certificate. 13 i. For the purposes of determining compliance with the zoning 14 provisions of the LDC ,an approval of a 15 site development plan pursuant to LDC section 10.02.03 herein, 16 authorizes the issuance of a zoning certificate.Said zoning 17 certificate shall constitute a statement of compliance with all 18 applicable provisions of the LD 19 including the uses of the building space upon which applicable 20 off-street parking and loading requirements were based, however, 21 issuance of a zoning certificate shall not exempt any person from 22 full compliance with any applicable provision of the LDCLand 23 Develsiangent-Cede. 24 ii. In subdivided buildings each space for which a use is proposed 25 requires a zoning certificate for that particular space, independent 26 of any approval conferred upon the building and the land 27 pursuant to LDC section 10.02.03 and of a zoning certificate 28 issued for the building and the land,shall be required. 29 iii. A zoning certificate shall be required for any use of land or 30 buildings located in residential zoning districts,which involve the 31 conduct of a commercial or other nonresidentially allowed uses of 32 land or buildings. 33 2. Building permit submittal requirements for signs is provided in section 5.06.11 of 34 the Collier County Sign Code. Comment[C386]:Removed.Duplicative. 35 C. Vegetation Removal permit requirements.! Comment[C387]:LDC information relocated 36 to 3.05.02.Entire section removed from 37 ___ __ _ 10.02.06 because almost verbatim language 38 was located in two places and there was a -. conflict. 39 – 40 _ 41 Cedes 42 b. Special tr atment(ST)development permits. 43 c. U.S.Army Corps of Engineers permits or oxomptionc. Comment[C388] "or exemption°is not , 44 e. e e_ ! e.-•• e-•-- _ _ _ _ _ •• necessary The Core does not proved a letter of j exemption. 45 - J 46 - 47 exemptions. 48 g. South Florida Water Management District permits or exemptions. 49 50 i. Other county approvals. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikothrough is current text to bo deleted from LOG Bold text indicates a defined term 1 2. Application contents.Application for a vegetation removal permit shall be 2 submitted to the County Manager or his designee in writing on a form provided 3 4 information: 5 a. A generalized vegetation inventory which includes: 6 i. Generalized vcgctation inventory superimposed on a current 7 aerial.A generalized vegetation inventory shall show the 8 approximate location and extent of vegetation on the site.The 9 inventory shall be based upon the most current available 10 information.The inventory shall be in the form of an aerial or a 11 field survey, and may be accompanied by photographs or 12 videotapes illustrating typical ar as of vegetation referenced to 13 -14 types and protected vegetation, and may be accompanied by 15 photographs or videotapes illustrating typical ar as of vegetation 16 referenced to positions on the aerial or survey.The generalized 17 vegetation inventory shall be prepared in some manner which 18 clearly illustrates the relationships between the ar as of 19 20 ii. Ceneralized written asse,cment and evaluation.The generalized 21 vegetation inventory shall be accompanied by a brief written 22 _ - •--- - ' 23 on the site. The assessment shall include an evaluation of 24 - "' 25 their rarity,viability, and such other physical characteristics and 26 factors that may affect their preservation, and presence of any 27 bald ogle nests.The inventory assessment and evaluation shall 28 be prepared by a person knowledg able in the identification and 29 evaluation of vegetative resources,such as a forester, biologist, 30 ecologist, horticulturist, landscape architect,or certified 31 nurseryman. 32 iii. R asonable additional information.The County Manager or his 33 designee may require that the application include such additional 34 information which is reasonable and necessary for adequate 35 administration of this section. 36 b. A site plan which includes: 37 i. Property dimensions. 38 ii. Location of existing infrastructure and alterations. 39 40 iv. The location and species of all protected vegetation. Large stands 41 of a single species,such as cypress heads, may be indicated as a 42 43 v. Designation of all protected vegetation proposed for removal. 44 vi. Location and details of protective barricading of the vegetation to 45 be-retained- 46 47 c_ _ _ _.- __ _,_:___ - _ _- ,_ _ -- -_ -o--. Comment[C389]:Not allowed.Deleted. J 48 c. An executed statement which includes: 49 i. Name, address, and phone cf property owner. 50 ii. Name, address, and phone of authorized agent and on site 51 representative. 55 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment To3r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text strikethrough is current toxt to bo deleted from LDG Bold text indicates a defined term 1 iii. Proof of ownership. 2 iv. Legal description. 3 v. R anon for proposed removal. 4 vi. Method to distinguish vegetation to be removed from vegetation to 5 6 8 by property owner. Comment[C390]:Language updated and 9 3. Review procedures. moved to the Admin Code 10 a. Issuance of permit. Based on the information contained in the application 11 and obtained from the on site inspec -- -__ -a a - 12 13 - - - •-• • - - -- == - -` 14 15 - - ' -- -- - 16 Proteetion..Ala-extension requested prior to expiration of the original 17 18 the County Manager or his designee.The County Manager or his 19 designee may attach condition - -- _ -• - ••- - -- •-- -at•20 - - - - - - - - - - - - -- -: - 21 violation of these conditions shall con-• _ - -- - a •a.: -- •-a - _- 22 removal permit. 23 b. Denial of permit. In the event an application is denied by the County 24 25 and returned promptly. 26 27 - 28 = = = °- ° ------ - --' Comment[C391]:Moved to the Admin Code. j 29 N. Vegetation removal permit exceptionc.The following exceptions shall apply when _ I Comment[C392]:Relocated to LDC section 30 there are no bald eagle nests. 305.05 31 a Except for lots on undeveloped coastal barrier islands,and any projocl: 32 33 _ - 34 35 -- - , - 37 ' 38 39 beent-: 40 i. A building permit has been issued for the permitted principal 41 -- 42 ii. The permitted principal structure has been constructed, and the 43 - _ • - 44 45 acre. 46 a. 47 48 49 -' 50 c. A vegetation removal permit is not required for the removal of protected 51 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment o4r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 where cuch vegetation is intended for sale in the ordinary source of the 2 3 d. A vegetation removal permit is not required for the removal of protected 4 -• - 5 in the performance of his/her duties,provided such removal is for 6 7 c. A vegetation removal permit is not required for the removal of protected 8 vegetation prior to building permit issuance if the conditions set forth in 9 ctio.,n 06 nn have boo.....et 10 f. A vegetation removal permit is not required for the hand removal of 11 prohibited exotic vegetation. Mechanical cl aring of prohibited exotic 12 13 14 15 Administrative Code/LDC Amendment Overview Admin Code Section Ch.4 E.1 —Agricultural Land Clearing Permit and Title: Ch.4 E.2—Agricultural Clearing Notice LDC Notice Section: N/A LDC Changes: 10.02.06 C: • Moved submittal requirements to Admin.Code.Added language to reference Admin.Code. • Reorganized the criteria for clarity. • Removed requirement for permits to be submitted prior to ^ approval, per HB 503.Note:they are required prior to clearing thru the Admin Code. • Removed"determination of completeness."This is done through the Admin.Code. • Included permit fees which had been identified in 10.02.06 C.3.c as"agriculture clearing permit"fees. Revised: 6/6/13 CC 16 17 -DC. agricultural land clearing. Comment[C393]:section reorganized to 18 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for accommodate submittal reqs moving to Admin 19 agricultural uses that do not fall within the scope of sections 163.3162(4)or Code. 20 823.14(6), Florida Statutes, shall be required for all agricultural operations except 21 as exempted by LDC section 10.02.06 DC.1 d.f(belew). 22 a. Application. An application for an agricultural cl aring permit shall be 23 24 Silviculture operations, as defined by this Code, shall require a 25 26 Florida Forest Service, private or indus .- - -- - •- --- - _•. • 27 = - 28 - 29 following conditions, as applicable, shall be addressed as part of and 30 31 a. Application.The Administrative Code shall establish the procedures and 32 the submittal requirements, in addition to those identified below, to obtain 33 an agricultural land clearing permit. l:\Admin Code 2012\Current Work\Admin Code LDC Amendment7o5CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 i. Silviculture operations,as defined by the LDC,shall require a 2 management plan prepared by a forester or a resource manager 3 (i.e. Florida Forest Service,private or industrial). 4 ii. If an ST or ACSC-ST overlay is attached to the zoning of the 5 property,an ST development permit has been issued by the 6 County Manager or his designee.Tthe ST or ACSC-ST permit 7 review shall be in accordance with Collier County Land 8 development Code Chapter 2, LDC sections 2.03.07 and 4.02.14 9 and may be cimultancously reviewed simultaneously with the 10 agricultural clearing permit application. 11 iii. -_. - _ , •• ._ -:A generalized vegetation inventory and 12 clearing plan - -- - - e.e .9: _. . . _ - 13 .. ._ ._ 14 -- 15 ._. _. •• _ _ -- - _ _ 16 17 iii. The applicant has obtained and produced a copy of the South 18 19 20 iv. The applicant has obtained and produced a copy of the South 21 22 permit or exemption, if required by SFWMD. 23 v. The applicant has obtained and produced a copy of the United 24 _ . - .. - _- -. .. _ - -• 25 required by the ACOE. -- 26 viv. The applicant has submitted dData relating to wctlandwetlands 27 impacts and protected wildlife species habitat subject to the Collier 28 --.• . _ •• • .•-_----• _ _ -Conservation and sCcoastal 29 mManagement eElement of the Growth Management Plan and 30 the LDCCollicr County Land Development Code.This data will be 31 required only when the county's on-site inspection indicates that 32 there are potential or actual impacts to wetlands and to protected 33 federally and state listed wildlife habitat. 34 vii. The property owner, or authorized agent, has filed an executed 35 agreement with the County Manager or his designee, stating that 36 within 2 years from the date on which the agricultural clearing 37 permit is approved by the County Manager or his designee,the 38 owner/agent will put the property into a bona fide agricultural use 39 and pursue such activity in a manner conducive to the successful 40 harvesting of its expected crops or products.The owner/agent 41 may elect to allow the subject property to lie fallow after 42 completing the bona fide agricultural use,for the remainder of the 43 25-year period required by vi vii-below. If the clearing is expected 44 to occur over a period greater than 2 years,this will be stated on 45 the application and may be addressed as a condition on the 46 agricultural clearing permit if determined by staff to be appropriate. 47 viii. The property owner, or authorized agent, has filed an executed 48 agreement with the County Manager or his designee stating that 49 the owner/agent is aware that the Collier County Board of County 50 Commissioners will not rezone the property described in the 51 agricultural clearing permit for a period of 25 years from the date I:\Admin Code 2012\Current Work\Admin Code LDC Amendment rr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 of approval of the agricultural clearing permit by the County 2 Manager or la-is designee, unless for any such conversions in less 3 than 25 years,the converted land shall be restored with native 4 vegetation to the degree required by the LDC.thic Code. 5 viii. Permit Fees.The agricultural clearing permit applications shall be Comment[C394]:Relocated from 10.02.06 6 charged a review fee as established by resolution by the Board. c.3.c.Similar provision identified fees for an 7 _ _ -- _ •o- _ - _"agriculture clearing permit" 8 f. After receipt of an application for an agricultural clearing permit, Comment[e1s395]:b.i and b.ii.relocated to Admin. 9 10 -11 ' 12 - .. 13 complete,the County Manager or his designee shall notify the 14 applicant in writing of the deficiencies. No further steps to procecc 15 ' 16 _ 17 - •- 18 be made in accordance with the following: 19 +i. Where the applicant submits,as part of the application for an 20 21 a SFWMD consumptive use permit or exemption, or a SFWMD 22 -' 23 _ 24 25 26 - 27 do. Criteria for review of the application.Review of the application for an 28 29 _•._ - --- _ .•__ -- - - - -- .The following 30 criteria shall be utilized by staff in reviewing an application for issuance of 31 an agricultural clearing permit: 32 i. An on-site inspection has been made by staff,if indicated. 33 ii. Environmental impacts, including wetlands and protected wildlife 34 species habitat(s)shall have been addressed in accordance with 35 the requirements of the Conservation and Costal Management 36 Element of the Collier County Growth Management Plan and the 37 LDCt and Development Code,as may be amended from time to 38 time. 39 iii. Additional data and-/or information required by the County to 40 address environmental impacts shall be submitted by the 41 applicant 42 iv. The proposed use is consistent with the zoning district; 43 v. The proposed use is a bona fide agricultural use; 44 vi. The applicant has signed an executed agreement pursuant to 45 10.02.06 C.1.a.v above. 46 d. Issuance of permit.After an application for an agricultural clearing permit 47 48 Manager or his designee s _ _ _ •- _ , _ - _ _ •_ , 49 - 50 - - I:Wdmin Code 20121Current Work\Admin Code LDC Amendmenit or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM n Text underlined is new text to be added. Bold text indicates a defined term 1 ec. Renewal of agricultural clearing permit.An approved agricultural clearing 2 permit is valid for 5 years and may be automatically renewed for 5-year 3 periods providing that a notification in writing is forwarded to the County 4 Manager or his designee at least 30 but no more than 180 days prior to 5 the expiration of the existing permit and providing that the property has 6 been actively engaged in a bona fide agricultural activity.Such notification 7 shall state that the applicant is in compliance with any and all conditions 8 and/or stipulations of the permit.A violation of permit conditions shall[be] 9 cause to void the agricultural clearing permit.Applicants failing to 10 provide notification as specified herein shall be required to submit a new 11 application for an agricultural clearing permit. 12 fd. Exemptions for agricultural clearing permit. 13 i. An agricultural clearing permit is not required for operations 14 holding having-obtained a permit under Ordinance No.76-42 and 15 which that can demonstrate that an approved bona fide 16 agricultural activity was in existence within 2 years of the permit 17 issuance date,or : -:- - _ •_• _- - _ - - - that a 18 bona fide agricultural activity was in existence before the effective 19 date of Ordinance No.76-42.Sueb A demonstrations for 20 exemptions may include agricultural-classification records from the 21 Property Appraiser's Office;dated aerial photographs; 22 occupational license for agricultural operation;or other information 23 which positively establishes the commencement date and the 24 particular location of the agricultural operation. 25 ii. Upon issuance of an agricultural clearing{permit}or as exempted �� 26 above, activities necessary for the ongoing bona fide agricultural 27 use and maintenance shall-be are exempted from obtaining 28 additional agricultural clearing permits for that parcel, if providing 29 that the intent, use and scope of said activities continue to comply 30 remain in accordance with the ongoing agricultural clearing permit 31 or exemption. Ongoing bona fide agricultural activities that qualify 32 for this exemption as described in this section may include but are 33 not limited to clearing for,around or in dikes,ditches, canals, 34 reservoirs,swales, pump stations,or pens; removal of new 35 growth,such as shrubs or trees,from areas previously permitted 36 or exempted from this section;fire line maintenance;approved 37 wildlife food plots;or other activities similar in nature to the 38 foregoing. 39 iii. Fences,buildings,and structures that requireitg a building 40 permit shall be exempt from an agricultural clearing permit but 41 must obtain a vegetation removal permit. 42 iiiiv. No agricultural clearing permit shall be required for protected 43 vegetation that is dead,dying or damaged beyond saving due to 44 natural causes also known as acts of God provided that: 45 (a) The County Manager or his designee is notified in writing 46 within 2 business days prior to such removal and the 47 cCounty makes no objection within said 2 business days; 48 (b) The tree is not a specimen tree; 49 (c) The vegetation is not within an area required to be 50 preserved as a result of a required preservation,mitigation, 51 or restoration program; I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment Tosr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 (d) The parcel is currently engaged in bona fide agriculture, 2 as defined by the LDCthis Code.; 3 (e) No agricultural clearing permit shall be required for the 4 removal of any vegetation planted by a farmer or rancher 5 which was not planted as a result of a zoning regulation or 6 a required mitigation or restoration program. 7 2. Agricultural clearing notice. No later than 60 days prior to vegetation removal as 8 part of agricultural operations that fall within the scope of sections 163.3162(4)or 9 823.14(6), Florida Statutes,the property owner shall provide notice to the County 10 Manager or designee environmental services dircctor that the removal will occur. 11 Said notice shall include the following information: 12 a. A legal description of the land cleared,or such other description as is 13 sufficient to document the specific location of the cleared lard; 14 b. The date on which land clearing will begin; 15 c. The date on which land clearing is expected to be completed; 16 d. A vegetation inventory identifying the acreage of existing native 17 e _ o e- e .e -- [Comment[C396]:Admin Code. 1 18 a. The Administrative Code shall establish the submittal requirements for the 19 agricultural clearing notice, including the following: 20 ei. A signed agreement acknowledging the 25-year prohibition on the 21 creation of TDR credits from land cleared for agricultural 22 operations after June 19,2002,as set forth in LDC section 23 2.03.07;and 24 #ii. If the land is outside the RLSA,a signed agreement 25 acknowledging that, if the land being cleared for agricultural 26 operations is converted to a non-agricultural uses within 25 years 27 after the clearing occurs,the property shall become subject to the 28 requirements of LDC Ssections 3.05.07,as provided in LDC 29 Ssection 3.05.02. 30 b. Permit fees.The agricultural clearing notice application shall be charged comment[C397]:Relocated from 10.02.06 31 a review fee as established by resolution by the Board. C.3.c.Similar provision identified fees for an 32 * * ` * * * * * * * * * * "agriculture Bearing permit" 33 €D. Enforcement and penalties. 34 * * * * * * * * * * * * * 35 E. Wellfield conditional use permit and standard. 36 * * * * * * * * * * * * * Administrative Code/LDC Amendment Overview Admin Code Section Ch.4 J Temporary Permits and Title: LDC Notice Section: N/A LDC Changes: 10.02.06 F: • Relocated Temporary Use Permit sections and Film Permit provisions to LDC section 5.04.00 to consolidate all temporary use permits. • Included a cross reference for guidance to new location of all temporary permit requirements. Revised: 6/6/13 CC 37 38 6F. Temporary Use Permit Requirements and Issuance. See LDC section 5.04.001 ef-the 39 l G-for temporary use permit classifications and restrictions. I:Wdmin Code 2012\Current Work Admin Code LDC Amendmen Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 1. The Administrative Code shall establish the procedures and application submittal 2 requirements for temporary use permits. 3 1. Applications for temporary use permits shall be submitted to the County Manager 4 _ • 5 Environmental Services Division. 6 - 7 shall be submitted together with the applicable nonrefundable fee,as indicated in 8 9 submission of a building permit application, if required. 10 3. Each temporary use permit application shall be accompanied by authorization of 11 _ 12 the case of temporary sale,when required. 13 4. A conceptual site plan(CSP)or a site development plan(SDP)is required for 14 15 16 each of the following: 17 a Vehicular and pedestrian traffic safety measures. 18 b. Adequate on site or additional off site parking areas shall be provided as 19 fellows- 20 1. A maximum of 10 percent of the parking required by section 21 1.05.01 of this Code may be occupied or otherwise rendered 22 23 and merchandise. 24 ii. The minimum required number of handicapped parking spaces 25 26 c. Limited activity hours. 27 d. Watchmen,fencing and lighting. 28 c. Fire protection and emergency access maasures. 29 f. Sanitary facilities. 30 g. If required,a faithful performance bond to guarantee compliance with the 31 conditions of the permit. 32 5. Review procedures. 33 a. Based upon the information contained in the application,the County 34 -- 35 36 may attach conditions to the permit. 37 b. In the event an application is denied by the County Manager or designee, 38 - e e e e o o _. e- .•e - •-e e-•a Comment[ELS398]:Admin Code 39 6. Indemnification.The applicant shall be required to indemnify and hold harmless, 40 Collier County,its officers,agents and employees from and against all claims, 41 suits,actions,damages, liabilities,expenditures or causes of action arising out of 42 43 - 44 7. Cancellations and postponements. 45 a. If a permitted event is canceled or postponed,the applicant shall furnish 46 Collier County with written notification of such cancellation or 47 48 49 50 commencement of said event. If the event is to be re scheduled, notice of 51 the date and time of the rescheduled event shall be provided. l I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. If a permitted event is postponed,the permit will be amended to reflect 2 3 prior to the event. 4 c. If an event is cancelled and the County is notified prior to the initially 5 6 7 theme. 8 8. Suspension or revocation. Failure to comply with the terms and conditions of the 9 _ 10 - _ 11 _- -- - :_ refund,for established public safety and welfare 12 13 ' 14 comply with the terms and c.- • - - : - - _ _ - . -• 15 result in the revocation of said permit. 16 • _ -- 17 18 the removal of any displays,structures,merchandise,equipment,signs or 19 20 - 21 established within this Code. i comment[C399] Relocated to 5.0401 22 10. Film Permit. (Comment[ELS400]:Moved to 5.04.08 23 a. Permit required.A permit shall be required for the following activities 24 - 25 television,video or still photography production:the use of set scenery, 26 27 public streets or accessways.This Code shall not apply to bona fide 28 newspaper, press association, newsreel or television news media 29 _ - 30 picture/television filming as a permitted use. 31 b. Application for permit;contents.Any person,firm,corporation, association 32 or governmental entity desiring to obtain a permit shall apply to the 33 34 be limited to the following: 35 i. Name,address(including local address)and telephone number of 36 apt- 37 - - 38 amount of at least$1,000,000.00 combined single limit,with 39 - - - - . 40 provide to the County Manager or designee a certificate of 41 42 that Collier County be given 30 days'notice prior to the expiration 43 or cancellation of the policy. 44 - 45 devices,with proof of not less than$5,000,000.00 comprehensive 46 general liability insurance combined single limit with Collier County 47 48 the person in charge(pyrotechnician)of such special effects, 49 50 federal and/or state agencies,and authorization from the local fire 51 district permitting the event. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM ir. Text underlined is new text to be added. Text strikethrough is current text to be deleted from LDC and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 iv. Locations,dates and hours of filming. 2 v. The following information is required by the County Manager or 3 designee, unless waived: 4 a) A conceptual plan indicating the location of film events and 5 6 b) Plans for construction or utilization of structures on subject 7 site(s). 8 c) Number,type and location of sanitation facilities to be 9 provided. Plans for disposal of refuse and debris,and 10 restoration of the site(s)to its original condition. 11 d) A description of any lighting facilities that would be 12 - - '- •- _ . . •- 13 lighting 14 e) A description of any use which may encroach into 15 - 16 f) Approximate number and type of vehicles and/or 17 equipment to be used and any special parking 18 19 with the production. 20 g) Necessity for closures of public streets or sidewalks and 21 22 h) An indication of any utilization of aircraft/fixed wing, 23 helicopter,or balloons at the subject site(s). 24 i) List of county personnel or equipment requested,and an 25 26 Collier County. 27 j) Provisions for traffic control,fire safety and security 28 precautions. 29 k) If located on private property, not under the county's 30 ownership or control, a written notarized agreement from 31 the property owner to allow the filming to occur on his 32 property. 33 I) Additional information requested to asist Collier County in 34 36 during the permit period,a comprehensive general liability policy with 37 38 - 39 •- _. - _ - - 40 41 42 43 -- 44 .._. .. - 45 discretion of the affected property owner. 46 d. Indemnification.The applicant shall be required to indemnify and hold 47 harmle Collier County, its officers,agents and employees from and 48 - •-- • - 49 - - - - 50 ... - - .. •- .. 51 - - '" -- q- - - - - I:1Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. Permit fee. No permit fee shall be required.Any additional license or user 2 3 b ffT.c+ 4 5 ._. _ _ .. .. •--• 6 of the bond and review by the County Manager or designee,the permit 7 may be issued. If the County Manager or designee determines that the 8 use of public or private property could affect the public's use of the 9 property,or have potential adverse impacts on surrounding properties, 10 then he/she may require that the permit application be scheduled for a 11 12 circumstances could include,but are not limited to,closure of a public 13 etreet or accessway; use of special effects, including incendiary or 14 explosive devices; a large production crew or crowd control;and 15 increased liability insurance required.The notice for the public hearing 16 shall be advertised in a newspaper of general circulation in the county at 17 ast 1 time 15 days prior to the h aring. 18 19 the temporary use permit once issued shall be grounds for immediate 20 suspension of the permitted activity until such time as the noncompliance 21 is remedied.The suspension shall be initially communicated verbally, 22 followed by a written suspension order;and continued failure to comply 23 with the terms and conditions of the permit may result in revocation of the 24 per-mit, 25 26 extraordinary services rendered in connection with a production.Such 27 costs shall include, but not be limited to,charges for personnel and/or 28 -- 29 normal scope of government services. Based on the information 30 contained in the permit application,an estimate of these costs will be 31 provided to the applicant prior to issuance of this permit.The County may 32 require prepayment of all or a portion of these estimated costs prior to 33 issuance of the permit.At the conclusion of the production, actual costs 34 below or in excess of the estimates will be refunded by the County or paid 35 by the applicant,respectively. 36 1. Surety bond.A surety bond in an amount to be determined by Collier 37 County and issued by a company authorized to issue bonds in Florida or 38 cash payment in lieu of the bond may be required by the County Manager 39 or designee to provide for cl anup and/or restoration of the subject 40 site(s). 41 Administrative Code/LDC Amendment Overview Admin Code Section Ch.4 B Coastal Construction Setback Line Permit and Title: LDC Notice Section: N/A LDC Changes: 10.02.06 G: • Reorganized section for clarity and to include reference to the Admin. Code. 10.02.06 H: • Updated section letter to H. _ I:\Admin Code 2012\Current Work\Admin Code LDC AmendmerW CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current tcxt to be deleted from LDG Bold text indicates a defined term I Revised: 1 6/6/13 CC 1 2 #G. Coastal Construction Setback Line Permits.The following activities seaward of the 3 coastal construction setback line shall require a Coast Construction Setback Line 4 (CCSL)permit.A hearing before the Board of Zoning Appeals shall be required pursuant 5 to the variance criteria set forth in LDC section 9.04.06.not require a hearing by the 6 7 8 :- - _- -• - - •• .•.The appropriate fee as set by county resolution 9 shall be submitted with permit application. 10 1. Construction of a dune walkover when a Florida Department of Environmental 11 Protection(FDEP)permit has been obtained and the following criteria have been 12 met. 13 a. A maximum width of 6 feet. 14 b. A minimum separation of 200 feet between walkovers when 2 or more 15 walkovers are proposed on a single parcel. 16 2. Creation, restoration, re-vegetation or repair of the dune or other natural area 17 seaward of the CCSL on an individual parcel of land,when a Florida Department 18 of Environmental Protection (FDEP)permit has been obtained and the following 19 criteria have been met. 20 a. Sand used must be compatible in color and grain size to existing sand 21 subject to FDEP requirements. 22 b. Plants utilized shall be 100 percent native coastal species. 23 c. Restoration plans shall be designed by an individual with expertise in the 24 area of environmental sciences, natural resource management or 25 landscape architecture.Academic credentials shall be a bachelors or 26 higher degree. Professional experience may be substituted for academic 27 credentials on a year for year basis, provided at least 2 years professional 28 experience are in the State of Florida. 29 3. The Administrative Code shall establish the procedures and application submittal 30 requirements for obtaining a Coastal Construction Setback Line permit. 31 34. Certain activities that may temporarily alter ground elevations such as artificial 32 beach nourishment projects,excavation or maintenance dredging of inlet 33 channels may be permitted seaward of the coastal construction setback line if 34 said activity is in compliance with the Collier County GMP and receives Federal 35 and State agency approvals. Until such time as the fee schedule can be 36 amended, the fee shall be$400.00 for these beach nourishment permits. 37 45. Penalty and civil remedies. 38 a. Penalty for a violation of section 9.04.06 Notwithstanding the penalties set 39 forth elsewhere in the LDCthis Code,the following violations of section 40 9.04.06 H.,which occur during sea turtle nesting season: 41 i. Setting up of any structures, prior to daily sea turtle monitoring, 42 2)failing to remove all structures from the beach by 9:30 p.m., or 43 3)failing to have lights,so required,turned off by 9:00 pm.,are 44 subject to the following penalties: 45 First violation: Up to$1,000.00 fine. 46 Second violation: $2,500.00 fine. 47 Third or more violation: $5,000.00 fine. 48 ii. Beach front property owners who leave beach furniture 49 unattended on the beach between 9:30 pm and the time of the I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 next days sea turtle monitoring,are subject to the following 2 penalties: 3 (a) First violation:Written notice of ordinance violation. 4 (b) Second violation: Up to$1,000.00 fine. 5 (c) Third violation:$2,500.00 fine. 6 (d) More than 3 violations: $5,000.00 fine. 7 4H. Vehicle on the beach regulations. 8 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be 9 unlawful: 10 a. To operate or cause to be operated a hand-, animal-,or engine-driven 11 wheel,track or other vehicle or implement on,over or across any part of 12 the sand dunes, hill or ridge nearest the gulf,or the vegetation growing 13 thereon or seaward thereof,or to operate or drive such a vehicle on the 14 area seaward thereof,commonly referred to as the beach. 15 b. To alter or cause to be altered any sand dune or the vegetation growing 16 thereon or seaward thereof;make any excavation,remove any material, 17 trees,grass or other vegetation or otherwise alter existing ground 18 elevations or condition of such dune without first securing a permit as 19 provided for in the LDCtlais-Gede. 20 Administrative Code/LDC Amendment Overview Admin Code Ch.4 E.3 Cultivated Tree Removal Permit Section and Title: LDC Notice N/A Section: LDC Changes: 10.02.06 I: • Reorganized section to consolidate the exemptions from the permit into one subsection. • Added language to reference Admin. Code and moved submittal requirements to Admin. Code. • Updated language for clarity and to utilize defined terms. Revision: 6/6/13 CC 21 22 dl. Cultivated Tree Removal Permit. 23 1. Generally.Cultivated Tree Removal Pcrmit.A Cultivated Tree Removal Permits 24 are is required for the removal or relocation of any tree or palm that has been 25 installed for landscaping by-man and which is not apart of a preserve. Moving a 26 tree from 4-one location to another shall not be considered removal;however, a 27 Cultivated Tree Removal permit shall be obtained.A maximum of 10 trees per 5 28 year period may be removed with a Cultivated Tree Removal Permit.t=4ewever7 29 30 -• -: : •--- •- - --.•• _:: : __: -: aturally [Comment[C401]:Relocated below in 1.3 31 occurring Protected vegetation,other than that planted for landscaping, - ) 32 landscapes(shall require a Vegetation Removal Permit; refer to LDC section Comment[C402]:New language.Replaced 33 3.05.00 I-0702,06-G. In no instance shall a site fall below the current minimum °naturally occurring landscapes"with"protected vegetation,°a defined term • 34 landscape code standard. 35 2. Applicability.The provisions of this section are applicable to all development 36 unless otherwise specified in this section.except for single family home sites. 37 However,such homes must maintain the minimum landscape code required 38 -- '- - - : _• _--• : -- : •- ••_ ___ (Comment[C403]:Relocated below in 13 I:Wdmin Code 2012 Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 . 3 =' - °° '' (Comment[ELS404]:Moved to Admin.Code ) 4 3. Exemptions: 5 a. The removal of a prohibited exotic tree is exempt from obtaining a 6 Cultivated Tree Removal Permit, unless the prohibited exotic tree is used 7 to meet the minimum landscaping code requirements pursuant to a final 8 local development order,prior to[effective datel. Comment[C405]:New language.The intent 9 b. Single-family home sites are exempt from obtaining a Cultivated Tree to grandfather in the deveiopment orders with 10 Removal Permit. Single-family home sites shall maintain the minimum the exotics,but not to allow it again. 11 code landscaping requirements established in LDC section 4.06.05. 12 34. Criteria for removal of cultivated landscaping.The landscape architect may 13 approve a+-Cultivated Tree Removal permit application for vegetation removal 14 based on the following criteria: 15 a. A tree can-not be maintained by proper canopy, root pruning or root 16 barriers and has become a safety hazard to pedestrian or vehicular traffic, 17 utilities, or to an existing structure. 18 b. A tree is growing too close in proximity to another tree(s)to permit normal 19 growth and development of the affected tree(s). 20 c. Other public health and safety circumstances as determined by the 21 eCounty landscape architect. 22 45. Application.The Administrative Code shall establish the application procedure 23 and submittal requirements for obtaining a Cultivated Tree Removal permit. 24 a. The County Manager or designee may require the site plan be prepared 25 by a landscape architect registered in the State of Florida when the tree 26 removal exceeds 10 trees. j Comment[C406]:From below,former J.4.b 27 6. Approval.The County Manager or designee shall approve,approve with 28 conditions. or deny a Cultivated Tree Removal Permit.Application requirements. 29 - - 30 submitted to the County Manager or his designee.The application shall include h 31 t -following4 32 a. Proof of ownership such as a warranty deed or tax statement. 33 b. A site plan depicting the location of proposed trees to be removed, 34 35 36 that said plans be prcpa _ _ _ -- -- _ _ _ _ _ -- 37 -- -• 38 _ 39 affected by the pFepesed-tree removals, - 40 -- _ 41 submitted to the County Manager or his designee for review. 42 c. A letter of approval of the tree removal from the Homeowner and or 43 Master Association if applicable. 44 d. Addressing Chock List. (Comment[ELS407]:Moved to Admin Code. ) 45 67. Permit conditions.The Landscape Architect shall issue a Cultivated Tree 46 Removal Permit when the applicant for such permit has agreed to fulfill one of 47 the following conditions: 48 a. That the minimum code required tree, if transplanted,will shall be moved, 49 established and maintained using proper arboricultural and horticultural 50 practices and as outlined in LDC section 4.06.05 of he ode. 1:1Admin Code 2012)Current WorMAdmin Code LDC Amendment Tour CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. That the minimum code required tree(s), if destroyed, be substituted with 2 an equivalent replacement or replacements,approved by the sCounty 3 (Landscape Architect, planted on the site from which the destroyed tree(s) 4 were removed. Sufficient space shall remain on the site allowing 5 replacements to establish a mature canopy spread, based on usual 6 growth characteristics. 7 Administrative Code/LDC Amendment Overview Admin Code Section Ch 4. L Zoning Verification Letters and Title: L.1 Zoning Verification Letter—Generally L.2 Zoning Verification Letter—Non-residential Farm Building L.3 Zoning Verification Letter—Fence Finished Side Out waiver LDC Notice Section: N/A LDC Changes: 10.02.06 J: • New section.This section was created to codify current zoning processes. Revised: 6/6/13 CC 8 9 U. Zoning Verification Letter. (Comment[C408]:New section. 10 1. A zoning verification letter may be used to verify the zoning of a property 11 according to the Collier County Zoning Map,the Future Land Use Map, and the 12 Growth Management Plan and establish the following determinations. 13 a. Generally.The County Manager or designee may issue a zoning 14 verification letter that verifies the zoning of a property.Additional 15 information may be requested about the subject property, including but 16 not limited to the following: 17 i. Allowable uses and development standards applicable to the 18 property under the LDC; 19 ii. Zoning of adjacent properties, 20 iii. Confirmation of any site development plan,conditional use,or 21 variance approved for the property;and 22 iv. The nonconforming status of the property. 23 b. Comparable Use Determination.The County Manager or designee may 24 issue a zoning verification letter to determine whether a use within a PUD 25 is consistent and compatible with the surrounding uses within the PUD. 26 To be effective,the zoning verification letter shall be approved by the 27 BCC by resolution at an advertised public hearing. 28 c. Non-residential Farm Building Exemption.The County Manager or 29 designee, in coordination with the Collier County Building Official,may 30 issue a zoning verification letter to establish that a non-residential farm 31 building and/or fence is exempt from the Florida Building Code. 32 However,the exemption applies to the structure and does not exempt 33 the applicant from obtaining the necessary electrical, plumbing, 34 mechanical, or pas permits for the structure. 35 d. Administrative Fence Waiver.The County Manager or designee may 36 issue a zoning verification letter to approve an administrative fence waiver 37 under LDC section 5.03.02 F.5.a. 38 2. The Administrative Code shall establish the process and application submittal 39 requirements to obtain a zoning verification letter. 40 # # # # # # g# # # # # # # 1:1Admin Code 2012\Current WorktAdmin Code LDC Amendment Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Ch.4 C Certificate of Public Facility Adequacy Section and Title: 1.COA for Roadways 2.COA for Non-Roadway public facilities LDC Notice N/A Section: LDC Changes: 10.02.07: • Completely revised the section.The process established was no longer applicable to the current process or review and submittal requirements were unclear. • Referenced the vested rights section to Ch.9 Revision: 6/06/13 1 2 10.02.07 Submittal-Requirements for Certificates of Public Facility Adequacy 4 accordance with the Collier County Adequate Public Facilities Ordinance,Ord. No. 90 21 5 - e - •._. e- _ - -- 8 A. Generally. This section applies to any use or development that generates additional 9 impacts or demands on public facilities.This section ensures that adequate public 10 facilities are available and no development orders subject to concurrence regulation 11 are issued unless adequate public facilities are available to serve the proposed 12 development, including but not limited to the Transportation Concurrence Management 13 System and the Public School Facilities Concurrence.Cencral. In order to ensure that 14 15 16 17 -18 19 deveiopm + *r Comment[C409]:Revised and relocated 20 B. Exemptions.The following are :- - ::-•.. : :. ..: :. . ::...• -- :-exempt above_ 21 from the terms of this section: 22 1. All valid, unexpired final development of regional impact(DRI)development 23 orders which-were issued prior to adoption of the Collier County Growth 24 Management Plan on-January 10, 1989,except where: 25 a. Development conditions or stipulations applicable to concurrency,or 26 the provision of adequate public facilities concurrent with the impacts of 27 development,exist in the DRI development order or 28 b. Substantial deviations are sought for a DRI development order, 29 then,Lhis section applies shall-apply only to those portions of the 30 development for which the deviation is soughtl; 31 c. The county can demonstrates pursuant to F.S.§380.067 that substantial 32 changes in the conditions underlying the approval of the development 33 order have occurred or the development order was based on 34 substantially inaccurate information provided by the developer or that the 35 application of this section to the development order is clearly 36 established to be essential to the public health,safety and welfare;or 37 d. The new requirements would not change or alter a DRI development 38 order that they would materially or substantially affect the developer's I:\Admin Code 2012\Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 ability to complete the development authorized by the DRI development 2 order. 3 2. Construction of public facilities that is are consistent with the Collier County 4 Growth Management Plan. 5 3. Temporary construction and development permits and any subsequent 6 renewals not to exceed a cumulative period of 1 year. 7 4. Development orders permitting replacement, reconstruction or repair of existing 8 development consistent with all elements of the Ggrowth Management Plan. 9 5. Temporary use permits and any subsequent renewals not to exceed a 10 cumulative period of 1 year. 11 6. For public school facilities,the following shall be exempt from the terms of this 12 section. 13 a. Single family and mobile home lots of record,existing as of October 14, 14 2008,the effective date of the public school concurrency agreement 15 under the 2008 Interlocal Agreement between Collier County and the 16 District School Board of Collier County. 17 b. Any new residential development that had a final subdivision plat or site 18 development plan approval as of the effective date of school 19 concurrency,October 14,2008. 20 c. Any amendment to any previously approved residential development 21 order that does not increase the number of dwelling units or change the 22 dwelling unit type(e.g.,single family to multi-family). 23 d. Age-restricted communities with no permanent residents under the age of 24 18 years. Exemption of an age-restricted community will be subject to a 25 restrictive covenant limiting the age of permanent residents to 18 years 26 and older. 27 e. All new residential subdivision plats and site development plans or 28 amendments to previously approved residential development orders, 29 which are calculated to generate less than 1 student. 30 f. Development that has been authorized as a Development of Regional 31 Impact(DRI)pursuant to Ch. 380, F.S.as of July 1,2005. 32 7. Developments that claim vested status from the Growth Management Plan 33 adopted January 10, 1989 and its implementing regulations and havens# 34 properly obtains a determination of vested rights fora certificate of public facility 35 adequacy-in accordance with LDC section 9.02.00.the provisions of this section, Comment[C410]:All vested rights provisions 36 as follows: are identified here. 37 a. Application.An application for determination of vested rights for a 38 certificate of public facility adequacy shall bc submitted in the form 39 - 40 41 by the Board of County Commissioners shall accompany and bc part of 42 - - 43 _ 44 applicant if other than the owner; 45 ii. Street address,legal description,and acreage of the property;and 46 iii. All factual information and knowledge reasonably available to the owner 47 and applicant to address the criteria established in subsection 48 10.02.07 B.7.g.of this Code. 49 b. Determination of completeness.After receipt of an application for 50 determination of vested rights for a certificate of public facility adequacy, 51 the Community Development ent and Environmental Services Division I:Wdmin Code 20121Current Work\Admin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 4 5 6 7 •- _ - 8 c. Review and determination or recommendation by Community 9 - _10 - - - - - - - 11 determination of vested right . - -• _ ..: _ 12 - _. •- . -. __ •• _ - . . 13 "' - "' •14 _ ! ! .• _. 15 - "' - • -16 Environmental Services Divis.:- •_•• • . _ _•. •- __.• • _ 17 •- 18 19 20 -- - - - .. e e .e • •- - 21 that information is repres . . _ 22 _ •_ _. _ _ ... _ __ 23 24 - 25 26 granted or granted with conditions, - . . . -. - _ - 27 28 29 .. •.! .e 30 - 31 •• _ _ _ - . . -_ __ ._._ _. 32 and Environmental Services Division Administrator,the Count-Atteraey 33 34 35 36 37 d. Review and determination•of vested rights determination for a certificate 38 - •- • . 39 40 -- ••- .. _ _ •- 41 Community Development and Environmental Services Division 42 '_ - - -- •- - _ - - - - 43 44 45 subsection 10.02.07 B.7.g.of this Code,and shall follow the rules of 46 procedure set forth in F.S.§ 120.57(1)(b),4,6, 7, and 8; F.S.§ 47 •. . , •_ - - •. _ •- - . 48 the hearing officer is empowered to swear wi -- - _•. _ - - .• 49 50 51 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Text ctrikethrough is current tcxt to be deleted from LDG Bold text indicates a defined term 1 herein.The parties before the h aring officer shall include the county,the 2 owner or applicant,and the public.Testimony shall be limited to the 3 matters directly relating to the standards set forth in subsection 10.02.07 4 B.7.g.of this Codc.The County Attorney shall represent the County,shall 5 attend the public h aring,and shall offer such evidence as is relevant-to 6 _ - _ _ •- _ .- - 7 - -. . - •- _.. - - •- 8 9 10 - -" -• - _ .. -- - _ _ . . 11 evidence; 2)owner or applicant witne°ces and evidence; 3)public 12 13 rebuttal, if any. 14 e. Issuance of vested rights determination for a certificate of public facility 15 adequacy by h aring officer.Within 15 working days after the completion 16 of the public h aring under subsection 10.02.07 B.7.g. of this Codc the 17 18 rights for a certificate of public facility adequacy, the recommendation-of 19 -- __ • . •-- _ _ e'.' 20 '= • - - -- - ' - '. .. - _ 21 22 subsection 10.02.07 B.7.g.of this Code,and shall deny,grant,or grant 23 24 - •- . - - 25 issue.The determination shall be in writing and shall include findings of 26 fact for each of the applicable criteria established in subsection 10.02.07 27 =• - - - - 28 determination denying,granting,or granting with conditions, in whole or in 29 part,the vested rights for adequate public facilities. 30 f. Appeal to the Board of County Commissioners.Within 30 days after 31 - •- • - - - ••32 a certificate of public facility adequacy,the County Attorney,the 33 Community Development and Environmental Services Division 34 _ -- 35 36 adequacy of the h aring officer to the Board of County Commissioners.A 37 fee for the application and proses .•_ . _• . • _ -:_ . •- 38 be established at a rate set by the Board of County Commissioners from 39 time to time and shall be charged to and paid by the owner or its 40 authorized agent.The Board of County Commissioners shall adopt the 41 hearing officer's determination of vested rights for a certificate of public 42 facility adequacy,with or without modifications or conditions, or reject the 43 hearing officer's determination of vested rights for a certificate of public 44 facility adequacy.The Board of County Commissioners shall not be 45 authorized to modify or reject the h aring officer's determination of vested 46 rights for a certificate of public facility adequacy unless the Board of 47 County Commissioners finds that the h wring officer's determination is not 48 - -- . 49 50 •- 51 established in subsection 10.02.07 B.7.g.of this Codc. 171 I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 g. Criteria for vested rights.This section is intended to strictly adhere to and 2 implement existing case law as it relates to the doctrine of vested rights 3 4 5 -' _ - 6 - 7 8 areas of the county as is legally possible without violating the legally 9 - 10 11 The criteria herein provided shall be considered in rendering a vested 12 rights determination under this subsection.It is intended that each case 13 _ 14 to a positive determination of vested rights for a certificate of public facility 15 16 •- _. _ 17 applicable provisions of this section based on the provisions of F.S.§ 18 163.3167(8),or all 3 of the following requirements of the 3 part test under 19 Florida common law: 1)upon se •- _ _ _ _ _ - __. - 20 property owner relying in good faith,3)has made such a substantial 21 change in position or has incurred such extensive obligations and 22 expenses that it would by highly inequitable and unjust to destroy the 23 rid'. 24 h. Limitation on determination of vested rights for a certificate of public 25 . - 26 27 - - 28 be null and void unless construction is commenced pursuant to a final 29 _. 30 within 2 years after the issuance of the determination of vested rights for 31 32 or unless substantial permanent buildings have been, or are being 33 constructed or installed ours = _ •-34 order of Collier County within 2 y are after issuance of the determination 35 - 36 - • 37 38 39 40 determination of vested rights for a certificate of public facility odeq-uoey 41 . . 42 . 43 44 45 pursuant to this section. 46 C. Certificate of Public Facility Adequacy(COA)for Roadways. Comment[c411]:Section rewritten 1 47 1. Applicability.The issuance of a COA for roadways shall demonstrate proof of 48 adequate roadways to serve the development approved by the development 49 order. Comment[C412]:Prior C.2.f."Effect"section 50 2. Issuance of a COA for roadways. I:1Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. A COA for roadways may be issued subsequent to estimated road impact 2 fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the 3 approval of one of the following: rComment[C413]:Prior C.2.a rming 4 i. A final subdivision plat and amendments thereof 5 ii. A final approved site development plan or site improvement plan 6 and amendments thereof; 7 iii. A building permit or mobile home tie-down permit issued by the 8 County;or 9 liv. Pursuant to the terms of an enforceable development agreement 10 with Collier County pursuant to the provisions of F.S.$$163.3220 11 -163.3242 or other agreement acceptable to the Board of County 12 Commissioners, in conjunction with the approval of a 13 development order and/or a certificate of public facility 14 adequacy. Comment[C414]:Prior C.3 15 13. Exceptions. Non-residential developments(i.e.commercial or industrial) Comment[els4157:Prior C.1.a ii a-b 16 otherwise required to obtain approval of a site development plan prior to the 17 issuance of a building permit or applicants for a final subdivision plat may elect 18 to: 19 a. Comply with the applicable regulations of this section as to one or more of 20 the lot(s)of the final subdivision plat and obtain a COA specifically for 21 just that lot or lots at a specified intensity of development:or 22 b. Delay submitting a Transportation Impact Statement(TIS)and obtaining a 23 COA for all of the proposed lots,or just those remaining lots not then 24 already complying with this section, until a required site development 25 plan is applied for and the terms of this section are then complied with 26 including payment of estimated transportation impact fees. However,the 27 subiect development is not allocated any available road system capacity 28 or considered eligible to be vested for transportation concurrency 29 purposes until approval of a TIS,payment of estimated Transportation 30 Impact Fees in accordance with this subsection,and issuance of a COA 31 in accordance with Chapters 3,6,and 10 of the LDC. 32 IOne year Traffic Capacity Reservation. Comment[e1s416]:Prior C.4.f and new 33 a. At the time of TIS approval by the Engineering Services Director or language 34 designee a 1 year Traffic Capacity Reservation shall be set aside and 35 allocated by Staff for the proposed development pending the approval of 36 the final local development orders identified in LDC subsection 37 10.02.07 C.2 a. 38 b. Following approval of a final local development order identified in LDC 39 section 10.02.07 C.2 a,the estimated roadway impact fees shall be paid 40 within 1 year of the TIS approval to secure the COA. 41 c. Failure to pay the estimated roadway impact fees following the approval 42 of a final local development order identified in LDC subsection 10.02.07 43 C.2 a within the 1 year of Traffic Capacity Reservation shall require the 44 applicant to re-apply for a COA. 45 d. If a final local development order identified in LDC subsection 10.02.07 46 C.2 a is not approved within 1 year of the TIS approval date,the 47 applicant may petition the Board of County Commissioners to extend the 48 Traffic Capacity Reservation for 1 year. 49 5. Roadway Impact Fee Payment. 50 a.I Estimated Roadway Impact Fee. In order to obtain a COA the applicant Comment[e1s417]:Prior C.1.ai 51 shall pay the estimated road impact fees in accordance with Code of I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Laws and Ordinances Chapter 74-302(h)which identifies the amount and 2 the timing of roadway impact fee 3 b. Final Payment of Roadway Impact Fee. Following comment[tale]:Prior c.1.d-second halt lowing the estimated roadway 4 impact fee payment, all remaining roadway impact fees shall be paid in 5 accordance with the Code of Laws section 74-302(h)(1). Comment[C419]:Prior C.l.a.ii(last part) 6 d. Roadway impact fees paid to obtain a COA are non-refundable after comment[els420]:PriorC.1.d 7 payment and issuance. 8 D. Process for Certificate of Public Facility Adequacy for Roadways. 9 1. Process.The Administrative Code shall establish the procedures and submittal 10 resuirements for obtainin• a COA. 11 An a•p lication for a COA for roadwa s shall be s_ubmitted in con'unction [Comment[e1s421]:PriorC.4.f 3 12 with a final local development order identified in LDC subsection 13 10.02.07 C.2 a. 14 b. Application fees for a COA shall be in an amount determined by the 15 Board of County Commissioners and shall accompany the application.An [Comment[C4221:Prior C.4.a—end of the 16 application shall not be deemed complete until the application fees have (section _ 17 been paid. 18 2. Assignability and transferability. 19 a.I An approved certificate of public facility adequacy shall run with the land (Comment[e1s423]:PriorC.2.d 20 associated with the corresponding development approval.A certificate of 21 public facility adequacy shall be assignable within the corresponding land 22 of the approved development, and shall not be assignable or 23 transferable to other development,except as may otherwise be provided 24 for under an approved development agreement.This provision does not 25 preclude the re-allocation of capacity between lots or parcels comprising 26 the land that is the subject of the same consolidated application for 27 development approval so long as the original certificate is surrendered 28 along with a written request by the then current owner to re-allocate no 29 more than that certificate's previously approved capacity in a re-issued 30 certificate. 31 6.1 In the event that upon build-out of the development estimated Comment[els424]:Revised language from 32 transportation impact fees are still unspent,the remaining balance of such prior C.1.d.New language added 33 estimated fees may be transferred in accordance with Code of Laws 34 section 74-203(b).The COA shall be modified to reflect the built-out 35 development. 36 8. Appeal of public facilities determination.Appeals shall be consistent with Code of . -(Comment[e1s425]:Prior C.4.d 37 Laws and Ordinances section 250-58. 38 E. Issuance of a Certificate of Public Facility Adequacy(COA)for Non-Roadway public 39 facilities. Comment[C426]:Prior C.1.a.iii/Current 40 j11. Non-Roadway Impact Fee Payment. Non-roadway impact fees shall be in process 41 accordance with Code of Laws section 74-302. Comment[e1s427]:E.1.-3.:New language 42 2. Non-Roadway Impact Fee Process.A COA for all non-roadway"Category A" and from prior C.1.a iii and C.4.d 43 capital improvements is deemed applied for concurrent with the building 44 application and shall be issued simultaneously with the issuance of the building 45 permit. 46 3. Appeal of public facilities determination.Appeals shall be consistent with Code of 47 Laws and Ordinances section 250-58. 48 F. Standards for review of application.The following standards shall be used in the Comment[C428]:Section revised to 49 determination of whether to grant or deny a certificate of public facility adequacy if the consolidate language where appropriate 50 State of Florida adopts legislation to ban the collection of impact fees.Before issuance Comment[(429]:New language Included to il identify that these standards are not currently used. I:1Admin Code 2012\Current Work'Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 of a certificate of public facility adequacy. the application shall fulfill the standards for the 2 following public facility components: 3 a. Potable water facilities. 4 i. The potable water component shall be granted if any of the 5 following conditions are met: 6 (a) The required public facilities are in place at the time a final 7 site development plan,final subdivision plat or building 8 permit is issued. 9 (b) The required public facilities are under construction at the 10 time a final site development plan,final subdivision plat 11 or building permit is issued. 12 (c) The required public facilities are guaranteed in an 13 enforceable development agreement that includes the 14 provisions of the LDC section 10.02.07, above. 15 b. Sanitary sewer facilities and solid waste facilities. 16 i. The sanitary sewer component shall be granted if any of the 17 following conditions are met: 18 (a) The required public facilities are in place at the time a final 19 site development plan.final subdivision plat or building 20 permit is issued. 21 (b) The required public facilities are under construction at the 22 time a final site development plan,final subdivision plat 23 or building permit is issued. 24 (c) The required public facilities are guaranteed in an 25 enforceable development agreement that includes the 26 provisions of sections(a)and(b). 27 c. Drainage facilities.The drainage component shall be granted if the 28 proposed development has a drainage and water management plan that 29 has been approved by the Environmental Services Division that meets 30 the LOS for capital drainage facilities defined in LDC section 6.02.01 D. 31 d. Park and recreation facilities. 32 i. The parks and recreation component shall be granted if any of the 33 following conditions are met: 34 (a) The required public facilities are in place at the time a final 35 site development plan.final subdivision plat or building 36 permit is issued. 37 (b) The required public facilities are under construction at the 38 time a final site development plan,final subdivision plat 39 or building permit is issued. 40 (c) The required public facilities are the subject of a binding 41 contract executed for the construction of those public 42 facilities,which provides for the commencement of actual 43 construction within 1 year of issuance of a final site 44 development plan,final subdivision plat or a building 45 permit. 46 (d) The required public facilities are guaranteed in an 47 enforceable development agreement that includes the 48 provisions of sections(a), (b), and(c)above 49 e. Public school facilities.The determination of public facility adequacy for 50 school facilities shall occur only after the School District has issued a 51 school capacity availability determination letter(SCADL)verifying that 175 I:tAdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 capacity is available to serve the development. Public facility adequacy 2 for school facilities shall be granted if any of the following conditions are 3 met. 4 i. The necessary facilities and services are in place at the time a 5 final site development plan or final subdivision plat is approved, 6 ii. The necessary facilities and services are under construction or the 7 contract for such facilities and services has been awarded, 8 accepted,and duly executed by all parties, at the time a final site 9 development plan or final subdivision plat is approved; 10 iii. The necessary facilities and services are found in the first,second 11 or third year of the School District of Collier County's Five-Year 12 Capital Improvement Plan; or 13 iv. The necessary facilities and services are subiect of a 14 development agreement to contribute proportionate share 15 funding as provided for in Policy 2.4 in the Public School Facilities 16 Element of the Growth Management Plan or to construct the 17 needed facilities. 18 C. Certificate of public facility adequacy. 19 1. Ceneral. 20 a. Payment of road impact fees to obtain a certificate of adequate public 21 facilities. 22 �. This section is to be read in conjunction with Section 71 302(h)of 23 the Collier County Code of Laws and Ordinances. j Comment[C430]:Relocated to new Cs.a 1 24 ai. A certificate of public facility adequacy(COA)shall be issued 25 26 payment of the estimated road impact Comment[C431]:Considered to be an 27 - - _ ! I amendment of a SDP or SIP,relocated to 28 _: . . °_• _ - C2aiii 29 :- :-:: : - : •- _:: - '---__ __ ._ (Comment[C432]:Relocated to C.5.b 30 31 of County Commissioners a .- a_-- 'a- --:'- '• _ _.----- Comment[C433]:Identified in the Code of 32 _ (Laws 33 34 35 . . ..• ' • - - . - 36 37 - a -- - -- . - - _ -- - _.• 38 specifically for just that lot or lots at a specified intensity-of 39 development;or 40 - •- 41 42 -" 43 - -• _ 44 _. 45 46 - 47 48 - 49 accordance with this subsection,and issuance of a COA in 50 - a a-- • - ._ , a ! Comment[C434]:Revised and relocated to 51 5.Q ..�.C, C.3 Exceptions I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM �1 Text underlined is new text to be added. Bold text indicates a defined term 2 3 fee schedule in effect at thc time of thc building permit(s) 4 5 i,.suance of the building permit(s). j Comment[C435]:Revised and relocated to 6 iii. Impact fees for all other Category"A"capital improvements will be C.5.b and in the Code of Laws 7 -- - - -- - - - - - - --8 currently applicable. _ [Comment[C436]:Relocated to E.2 9 b. The PUD owner(s) the Developer, Homo Owners Aecociation,IVta6tor Comment[e1s437]:Relocated to 10.02.13 10 F.6. - _ - - F6 11 12 and declare themselves"built out"in order to satisfy all reporting 13 14 - 15 determination of"built our status. 16 c. Where the proposed development has been issued final subdivision 17 18 public facility adequacy s . _ __ _ __ _ _ _ ___ _.. - -- -- 19 :. ::.... . .- -e_ -. e --(Comment[C438]:Intent is captured in C.2 ) 20 d. Assessment and application of transportation impact fees and surrender 21 22 -- 23 - 24 — 25 -- - •- . _. '- - _ '- - 26 pursuant to C.'l.f., an applicant may pick up the certificate upon payment 27 28 •- -- . . ._ ..- -- - 29 30 -•• _ _- -_ . _ - -- _ - . _ . - _ - 31 32 - -• •. :_ - •- _ ._ o• t[C439]:I ntent capture min 33 Code. 34 •- 35 -• - --- -- •: - '- : •-:_ -- - - a - - '' - relocated to the Comment(C440]:To be 36 ---_ - a-a - - _-- _ a-a - -- ---- _ _ Code of Laws 74 302(h) 37 - •- - - - -- Relocated to 5.c - - - - - - -- ---- - -- ' Comment[C441]:R 38 39 40 41 build out of the development estimated trance a . _ a.. -- 42 still unspent,the remaining balance of such estimated fees may be 43 44 - - _..-- 45 -- -_ - - - -- 46 _ - - -- - - - - --- - .- - 47 ° --- - '- - -" --- Comment[C442]:Revised and relocated to m t[C442:R 48 - '-=c._°—_----:--- -_ x _:- _- - _ "_ _=_ _- — -_ D2 49 _—_ =-a--a--=__ __='_ --°=- ' _ ° =-- _".•:•_ 50 c 51 77- _ I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 2 -- - _=-- - - - ---_ _= _ __ _ __ _'_ 3 - - - - -- - _ _ _ _ _ _ _ ____ __ _ _ 4 - Comment[C443]:Annual Mid-year 5 a. Timing.An application for a certificate of public facility adequacy may only monitoring reports are no longer connected to COA.Developer requirement responsibilities 6 be submitted as part of an application for a final local development located elsewhere in the ordinance or code. 7 order subject to C.1. of this Code. - Comment[C444]:Revised and relocated to 8 b. Impact Fees.A complete application for a certificate of public facility C.2.a 9 adequacy will include the calculation of the total amount of transportation 10 impact fees estimated to be due by the applicant on the development 11 12 submitted. Impact fee calculations will be reviewed and the amount 13 estimated to be paid pursuant to C.1.d. of this Codc finally determined by 14 the impact fee coordinator. Payment in accordance with Section C.1.a. 15 will be due at the time of notification of approval of the final local 16 development order and will be deposited into the applicable impact fee 17 trust fund and will be immediately available for appropriation by the Board 18 of County Commin.,ioners for transportation capital improvements.Final 19 calculation of impact fees due will be based on the intensity of 20 development actually permitted for construction and the impact fee rate 21 then currently applicable; such that additional impact fees may be due 22 prior to issuance of the building permit(s).The balance of transportation 23 -- - _. _ _ _. _ _ _ _. _ - -e a Comment[C445]:Some parts repetitive. 24 c. Consolidated application.A final local development order shall receive Revised and relocated in new C.5 25 final approval only to the extent to which the proposed development �^ 26 receives a certificate of public facility adequacy.The application for a 27 certificate of public facility adequacy may only be submitted with an 28 - 29 appropriate under this section.An application for a certificate of public 30 facility adequacy will receive final approval and a certificate will be issued 31 concurrently with approval of a final local development order as set 32 forth in C.1.d. of this Code. (Comment[C446]:Intent identified in new oil 33 d. A-signability and transferability.An approved certificate of public facility 34 adequacy shall run with the land associated with the corresponding 35 development approval, and shall be assignable within the corresponding 36 land of the approved development,and shall not be assignable or 37 transferable to other development,except as may otherwise be provided 38 for under an approved development agreement.This provision does not 39 preclude the re allocation of capacity between lots or parcels comprising 40 the land that is the subject of the same consolidated application for 41 development approval so long as the original certificate is surrendered 42 along with a written request by the then current owner to re allocate no 43 -• - --- - -- - _ 44 certificate. l Comment[C447]:Revised and relocated to 45 - -- _=° = - -- = -_:__-_ _ - __ --= D.2 — J 46 oxcopt made, chall eltpiro throo(3)yoarc from the dato of its approval 47 oxcopt to tho oxtcrt that building pormitc havo boon issued for tho 48 _--_-_:_ : __ : _ _ - - -= • -= - —- = =- - - 49 =__ _ _ - __-= -nv _ --_ _ =-___ _=°- _-"= 50 dovoloprnont is then complotod purcuant to tho tormc of tho Collier 51 County Building Cada cr an provided in C.1. of thic Codo, rofund ct 178 I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 - '- - - 77. .--:__3 --- 4 - -- - ` - - 5 6 c ac indie.atod below, a fivo yoar cortificato 7 8 =_ -_ _ • __ - __— _ _ = _ _ _ -_ 10 - _ -- .. . 10 11 12 =_ _ - _ __ _-`- 13 14 = _ _ __ _ .._...- _ - 15 _ -_ _ --- 18 = _ __ _ -a-a_ 19 --- _ --- -= . 20 21 =_______ __ _ •_ - '_ = . - __--_-- - -__'-_ _ __-'__-_ "--'- --- Text underlined is new text to be added. Bold text indicates a defined term 1 a. Submission of applications and fees.Thc application for a certificate of 2 3 - • - 4 Division Administrator.Such applications s _- _ -_ _ _ -- _ 5 6 -' 7 8 •9 : : a a-. - : :- --•- .i':: -- _ - �mmen [ s4 Relocated to new D 1 b 10 determined by the Beard of County Commissioners 11 be part of the applications. 12 b. Application contents.The form and contents for the application for public 13 facility adequacy,except for the road component,shall be established-by 14 _ 15 16 17 18 19 by the Transportation Services Division Administrator.Complete 20 21 - 22 Services Division and the Transportation Services Division.Thc form and 23 contents for applications s . a- a-:• -. .•. •-_:- -•_'-: - a -- 24 general public. 25 c. Determination of completeness and review. Upon receipt of an application 26 fer-certificate of public facility adequacy by the Community-Development 27 and Environmental Services Division for road facilities,all copies of the 28 application will be time and date s _••:-a. e-- -- -29 30 31 adequacy,the County Manager,er-de 32 - - 33 - 34 • -- 35 36 37 : _ •' ' 38 designee, shall take no further action on the application unless the 39 a -- - - - - . -- - •a ' ant shall provide the additional 40 41 42 43 County Manager,or designee, shall review and grant,or deny ach public 44 facility component except for road '• - ___ __ _ __ __ _ __ 45 _ - 46 47 48 49 50 C.1.f.within the then effective submittal review time frame set forth by the 51 - g - • I:\Admin Code 2012\Current WorkWdmin Code LDC Amendment o9CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Administrator's or designee's di-_ - 'a., :__-: .::• --• : a - :•- 2 judgment,granting of said tra '_ - - - . _ _ _ • -- 3 4 transportation related iCcucs as :_'. - - --- --- - - - -- •- 5 - 6 7 8 ' 9 10 11 12 •- 13 14 15 16 effler 17 = 18 19 - - 20 21 22 23 24 25 26 - 27 - 28 =29 30 -- 31 32 ' 33 34 - - -- -- - 35 - _ - • 36 37 certificate of public fasil+ty adeq-u _ a a- . __ _ 38 39 40 _ - 41 42 43 44 - - 45 46 - - 47 ! - 48 established in section 10.02.07C.5 of this Code.The decision of the 49 =50 the criteria. 1:1Admin Code 2012\Current Work\Admin Code LDC Amendmen'Tot CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM ice. Text underlined is new text to be added. Text strikothrough is curront text to bo dolotcd from LDG Bold text indicates a defined term 1 C. Approval of certificate;payment for,and cancellation of certificates.Upon 2 _ 3 4 5 = • 6 hoc has-beea-appreved7transportation impact fees shall be paid-ia 7 8 ' 9 expiration of the temporary 1 y 10 -' - 11 -• - - - 12 13 14 ° 15 -• - --- ---••' --- -• ' -• Comment[C453]:Revised,updated and 16 f. Traffic Capacity Reservation for all or part of the proposed development identified in Admin Code.Appeals language 17 identified identi 18 19 20 -- 21 22 - 23 24 25 -. 26 -• - = - - , 27 - 28 = 29 30 . . • ... • .-- - =, - -- _ - •-- - -- •_ •- 31 year time period.' [Comment[C454]:Revised and relocated to 32 g. Proportionate Share Payments. Proportionate share payments may bo new 33 _34 . . .. 35 36 37 =- • _ - 38 39 40 affected designated •_ - ---• _• _- • - - - - . 41 - 42 43 44 - 45 46 47 48 49 50 payment under this section. I:\Admin Code 2012\Current Work\Admin Code LDC AmendmerltigCCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 i. The proportionate share of thc cost of improvements of such 2 3 formula: 4 -- -' - - - 5 proportionate share 6 1. Project trips-Cumulative number of the trips from the 8 during the peak hour from the complete buildout of a stage 9 " 10 - 11 -- 12 _. ••-- -- - _ .__. _ 13 service. 14 3. Cost-Cost of construction, at the time of developer 15 -- -- a _ . _.-•--•t necessary to maintain the 16 adapted level of service. Construction cost inel es-at 17 18 design, right of way ace.' 'a-, a, - - -- 19 - - 20 costs directly required and associated with the construction 21 of the ..7 22 ii. The cost for a deficient roadway link shall be established using a 23 typical"lane mile cost'of adding lanes 24 - - - - - - -- -25 - e e-_ e- •e•• - rcomment Eons]:Relocated to LDC section 26 �. Standards for review of application.The following standards shall be used in the 6.0203TISsection. 27 .- - -• _ _ - -- - - -- - - - -- -28 - - - ._ - 29 -- - - 30 - - - - - - --- 31 a. Potable water facilities. 32 i. The potable water component shall be granted if any of the 33 following conditions are met: 34 (a) The required public facilities are in place at the time a final 35 - - - - 36 permit is issued. 37 (b) The required public facilities are under construction at thc 38 •-- - - - . . 39 or building permit is issued. 40 (c) The required public facilities are guaranteed in an 41 -- 42 provisions of above of this Code. 43 b. Sanitary sewer facilities. 44 i. The sanitary sewer component shall be granted if any of the 45 following conditions are mct: 46 (a) The required public facilities are in place at the time a final 47 - - 48 permit is issued. 49 (b) The required public facilities arc under construction at the 50 ••- . _ a - 51 or building permit is issued. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment oar CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LOG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 (c) The required public facilities arc guaranteed in an 2 3 provisions of sections(a)and(b). 4 c. Solid waste facilities. 5 i. The solid waste component shall be granted if any of the 6 following conditions are met: 7 (a) The required pubic facilities are in place at the time a final 8 cite development plan,final subdivision plat or building 9 permit is issued. 10 (b) The required public facilities arc under construction at the 11 12 or building permit is iscucd. 13 (c) The required public facilities are guaranteed in an 14 enforc able development agreement that includes the 15 provisions of subsections(a)and(b)above. 16 d. Drainage facilities.The drainage component shall be granted if the 17 18 has bccn approved by the Environmental Services Division that meets 19 the LOS for capital drainage facilities defined in D.of this Codc. 20 e. Park and rccr ation facilities. 21 i. The parks and recreation component shall be granted if any of the 22 following conditions are met: 23 (a) The required public facilities are in place at the time a final 24 25 permit is iccucd. 26 (b) The required public facilities are under construction at the 27 •- _ - • - 28 or building permit is issued. 29 (c) The required public facilities are the subject of a binding 30 contract executed for the construction of those public 31 facilities,which provides for the commencement of actual 32 construction within 1 y ar of issuance of a final site 33 development plan,final subdivision plat or a building 34 permit. 35 (d) The required public facilities are guaranteed in an 36 enforc able development agreement that includes the 37 provisions of sections(a),(b), and(c)above 38 f. Road facilities.The road component shall be considered based upon 39 - - -- - - - - • - 40 a designated ASI. 41 1. Road facilities.The road component shall be considered based 42 upon whether sufficient roadway and intersections capacity is 43 available based on the findings of the Transportation Impact 44 Statement(TIS),which shall be based upon the provisions of 45 sections H. and K. 46 ii. Development within designated ar a of significant influence 47 (ASI). For development within a designated ASI covering a 48 49 approved, subject to available capacity, if it is demonstrated the 50 proposed development will not make the potentially deficient road 51 segment within the ASI a deficient road segment. In the instance I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment oor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to bo deleted from LDG Bold text indicates a defined term 2 •_ - - '" 3 -- 4 _ .. _ •- _- -• 5 - - 6 segment,the road component shall be approved only for that 7 9 10 g. Public school facilities.The determination of public facility adequacy for 11 -. . 12 13 - - 14 15 conditions are met 16 1. The necessary facilities and services are in place at the time a 17 18 ii. The necessary facilities and services arc under construction or the 19 contract for such facilities and services has been awarded, 20 _ . ._ . - - -• _ ._ .. _•21 • _ ... ' - - - - = 22 iii. The necessary facilities and services arc found in the first,second 23 _ -_ •- - .. - - - 24 Capital Improvement Plan; or 25 iv. The necessary facilities and services are subject of a 26 27 - - - - - -- - - 28 29 needed facilities. [Comment[C456]:Revised and relocated to 30 # # # # # # # # # # # # # (new F 31 I:\Admin Code 2012\Current Work\Admin Code LDC Amendmer To5CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Section Ch. 3 H. Rezoning-Standard and Title: LDC Notice Section 10.03.06 LDC Changes: 10.02.08 • Relocating language from section 10.03.05 H-T to 10.02.08 C- M. • Provisions were slightly reorganized for improved process structure. • 10.03.05 is for public notice and public hearing procedures,and the rezoning process was inaccurately located in the section. • 10.02.08 was titled to reflect rezoning actions, but contained duplicated LDC amendment procedures. • To fix the errors,the LDC amendment procedures were relocated to 10.02.09,which was already titled correctly for LDC amendments. Revision: 6/6/13 CC 1 2 10.02.08 Submittal Requirements for Amendments to the Official Zoning Atlas awl-LDC 3 A. Purpose and intent.This Zoning Codc and tThe official zoning atlas may,from time to 4 time, be amended,supplemented,changed or repealed. Procedures shall be as follows: 5 B. Amendment of the zoning atlas. Initiation of proposals for amendment.A zoning atlas 6 amendment may be proposed by: 7 1. Board of county commissioners. 8 2. Planning commission. 9 3. Board of zoning appeals. 10 4. Any other department or agency of the county. 11 5. Any person other than those listed in 1-4 above; provided, however,that no 12 person shall propose an amendment for the rezoning of property(except as 13 agent or attorney for an owner)which he does not own.The name of the owner 14 shall appear in each application. 15 C. All proposals for zoning amendments shall be considered first by the Planning 16 Commission in the manner herein set outprovided in this section. 17 D. All proposals for zoning amendments shall be submitted as established in the 18 Administrative Code and in writing to thc office of thc County Manager or his designee 19 accompanied by all pertinent information required by the LDC this Zoning Code and 20 which may be required by the Planning Commission for proper consideration of the 21 matter,along with payment of such fees and charges as have been established by the 22 Board of County Commissioners. No application for zoning amendment shall be heard 23 by the Planning Commission until such fees and charges have been paid. 24 1. Rezoning application processing time.An application for a rezoning,amendment (Comment[C457]:Relocated from 10.03.05 T 25 or change will be considered"open"when the determination of"sufficiency"has 26 been made and the application is assigned a petition processing number.An 27 application for a rezoning,amendment or change will be considered"closed" 28 when the petitioner withdraws the subject application through written notice or 29 ceases to supply necessary information to continue processing or otherwise 30 actively pursue the rezoning, amendment or change,for a period of 6 months.An 31 application deemed"closed"will not receive further processing and shall be 32 withdrawn.An application"closed"through inactivity shall be deemed withdrawn. 33 The County Manager or designee will notify the applicant of closure, however, I:1Admin Code 20121Current WorktAdmin Code LDC Amendment or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current text to bc deleted from LDG Bold text indicates a defined term 1 failure to notify by the county shall not eliminate the"closed"status of a petition. 2 An application deemed"closed"may be re-opened by submission of a new 3 application, repayment of all application fees and the grant of a determination of 4 "sufficiency". Further review of the request will be subject to the then current 5 code. 6 Amendments.Amendments to this Code may bc made not morc than 2 times during any (Comment[e1s458]:Relocated to 10.02.09 A. 7 - 8 9 10 - 11 -- - 12 Y agreed by 13 E Planning Time Commission Unless report to the is mutual�aa of County bo the elPlannin . [Comment[C459] Relocated from 10.03.05 H l and so on 14 Commissioners,the Planning Commission shall file its recommendations fec Comment[C460]:The following was deleted 15 either typo of amendment with the Board of County Commissioners within 45 from the Time Limits section: 16 days after the public hearing before the Planning Commission has been closed. 17 2. Presentation of evidence.The staff report on the application for rezoning shall be - 18 presented prior to the close of the public hearing on the application.The lcact21 times ayear.For applications-not 19 applicant shall be afforded the opportunity,prior to the close of the public _ _ _ _ _._ • - 20 hearing,to respond to any contentions presented by any testimony or other hearings twice per calendar yoar,except 21 evidence presented during the public hearing,and to respond to the staff report, 22 after receipt of which the hearing shall be concluded, unless the hearing is :- 23 continued and the matter referred back to staff for further consideration of such 24 matters as the Planning Commission may direct. the Board of County Commiscionerc 25 IF.I Nature of requirements of Planning Commission report.When pertaining to the rezoning __ 1 --- --- - - Comment[e1s461]:Relocated from 10.03.05 26 of land.the report and recommendations of the Planning Commission to the Board of 1. J 27 County Commissioners required in LDC section 10.02.08 E Shall show that the Planning Comment[C462] Previously 1a 02.12 D 28 Commission has studied and considered the proposed change in relation to the following - 29 findings,when applicable: 30 1. Whether the proposed change will be consistent with the goals,obiectives,and 31 policies and future land use map and the elements of the growth management 32 plan. 33 2. The existing land use pattern. 34 3. The possible creation of an isolated district unrelated to adjacent and nearby 35 districts. 36 4. Whether existing district boundaries are illogically drawn in relation to existing 37 conditions on the property proposed for change. 38 5. Whether changed or changing conditions make the passage of the proposed 39 amendment necessary. 40 6. Whether the proposed change will adversely influence living conditions in the 41 neighborhood. 42 7. Whether the proposed change will create or excessively increase traffic 43 congestion or create types of traffic deemed incompatible with surrounding land 44 uses,because of peak volumes or projected types of vehicular traffic, including 45 activity during construction phases of the development,or otherwise affect 46 public safety. 47 8. Whether the proposed change will create a drainage problem. 48 9. Whether the proposed change will seriously reduce light and air to adjacent 49 areas. 50 10. Whether the proposed change will adversely affect property values in the 51 adjacent area. I:1Admin Code 2012\Current Work\Admin Code LDC Amendment 70r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 11. Whether the proposed change will be a deterrent to the improvement or 2 development of adjacent property in accordance with existing regulations. 3 12. Whether the proposed change will constitute a grant of special privilege to an 4 individual owner as contrasted with the public welfare. 5 13. Whether there are substantial reasons why the property cannot be used in 6 accordance with existing zoning. 7 14. Whether the change suggested is out of scale with the needs of the 8 neighborhood or the county. 9 15. Whether it is impossible to find other adequate sites in the county for the 10 proposed use in districts already permitting such use. 11 16. The physical characteristics of the property and the degree of site alteration 12 which would be required to make the property usable for any of the range of 13 potential uses under the proposed zoning classification. 14 17. The impact of development on the availability of adequate public facilities and 15 services consistent with the levels of service adopted in the Collier County 16 Growth Management Plan and as defined and implemented through the Collier 17 County Adequate Public Facilities Ordinance[Code ch. 106,art. III.as amended. 18 18. Such other factors,standards,or criteria that the Board of County 19 Commissioners shall deem important in the protection of the public health, 20 safety,and welfare. 21 Gf. Adequate public facilities.The petitioner may provide all required existing community Comment[e1s463]:Relocated from 10.03.05 22 and public facilities and services for the requested rezone needs in any one of the J. 23 following manners: 24 1. Petition for a rezone at such time as all required adequate existing community 25 and public facilities and services have been provided at public expense 26 according to the capital improvement program; or 27 2. Petition for a rezone at such time as all required existing community and public 28 facilities and services have been provided at the private expense of the 29 petitioner:or 30 3. Post a surety in lieu of completed improvements to guarantee that all of the 31 required community and public facilities and services will be provided:or 32 4. Facilities for parks and schools through land dedication or fee in lieu of such 33 dedication: or 34 5. Other method acceptable to Board of County Commissioners. 35 HI. Other proposed amendments.When pertaining to other proposed amendments of these comment[ers464]:Relocated from 10.03.05 36 zoning regulations,the Planning Commission shall consider and study: K 37 1. The need and justification for the change: 38 2. The relationship of the proposed amendment to the purposes and objectives of 39 the county's growth management plan,with appropriate consideration as to 40 whether the proposed change will further the purposes of these zoning 41 regulations and other County codes. regulations,and actions designed to 42 implement the growth management plan. 43 11.1 Restrictions, stipulations and safeguards.The Planning Commission may recommend comment[els465]:Relocated from 10.03.05 44 that a petition to amend,supplement or establish a zoning district be approved subject to L. 45 stipulations,including, but not limited to limiting the use of the property to certain uses 46 provided for in the requested zoning district.The governing body,after receiving the 47 recommendation from the Planning Commission on a request to amend. supplement or 48 establish a zoning district, may grant or deny such amendment or supplement and may 49 make the granting conditional upon such restrictions,stipulations and safeguards as it 50 may deem necessary to ensure compliance with the intent and purposes of the Growth 51 Management Plan. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment orr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text strikcthrough is current text to be deleted from LDC Bold text indicates a defined term 1 1. Restrictions, stipulations and safeguards attached to an amendment, 2 supplement,or establishment of a zoning district may include, but are not limited 3 to those necessary to protect adjacent or nearby landowners from any 4 deleterious effects from the full impact of any permitted uses, limitations more 5 restrictive than those generally applying to the district regarding density, height, 6 connection to central water and sewer systems and stipulations requiring that 7 development take place in accordance with a specific site plan.The maximum 8 density permissible or permitted in a zoning district within the urban designated 9 area shall not exceed the density permissible under the density rating system. 10 The Board of County Commissioners shall be required to condition and limit the 11 density of a zoning district to a density not to exceed the maximum density 12 permissible under the density rating system.The governing body may also 13 stipulate that the development take place within a given period of time after 14 which time public hearings will be initiated and the district returned to the original 15 designation or such other district as determined appropriate by the governing 16 body in accordance with the Growth Management Plan and LDC sections 17 10.02.12 D.and 10.02.08 L.Any restrictions,stipulations and safeguards 18 attached to an amendment or rezoning including those identified in LDC section 19 10.02.08 H.may be indicated on the official zoning atlas in a manner deemed by 20 the county to be appropriate and informative to the public. In cases where 21 stipulations, restrictions or safeguards are attached, all representations of the 22 owner or his agents at public hearings shall be deemed contractual and may be 23 enforced by suit for injunction or other appropriate relief.All conditions, 24 restrictions,stipulations and safeguards which are a condition to the granting of 25 the change in zoning district shall be deemed contractual and may be enforced 26 by suit for injunction or other appropriate relief.All costs, including reasonable 27 attorney's fees shall be awarded to the governmental unit if it prevails in such 28 suit. 29 2. Dedication of public facilities and development of prescribed amenities. 30 a. Public facility dedication. The Board of County Commissioners may,as a 31 condition of approval and adoption of the rezoning required that suitable 32 areas for streets, public rights-of-way, schools,parks, and other public 33 facilities be set aside, improved,and/or dedicated for public use.Where 34 impact fees are levied for 1 or more such public facilities, the market 35 value of the land set aside for the public purpose shall be credited 36 towards impact fees to the extent authorized by the County's 37 Consolidated Impact Fee Ordinance. Said credit shall be based on a 38 negotiated amount not greater than the market value of the set aside land 39 prior to the rezoning action, as determined by an accredited appraiser 40 from a list approved by Collier County.Said appraisal shall be submitted 41 to the county attorney's office and the real property office within 90 days 42 of the date of approval of the rezone, or as otherwise extended in writing 43 by Collier County,so as to establish the amount of any impact fee credits 44 resulting from said dedication. Failure to provide said appraisal within this 45 90-day time frame shall automatically authorize the county to determine 46 the market value of the property. Impact fee credits shall only be effective 47 after recordation of the conveyance document conveying the dedicated 48 property to Collier County.Where the term Collier County is used in this 49 section, it shall be construed to include the Collier County Water and 50 Sewer District or other agency or dependant district of Collier County 51 Government. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment o9 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. Land set aside and/or to be improved as committed as part of the 2 rezoning approval shall be deeded or dedicated to Collier County within 3 90 days of receipt of notification by the county that the property is needed 4 for certain pending public improvements or as otherwise approved by the 5 Board of County Commissioners during the rezoning approval process. In 6 any case, however,the county shall take title to the set aside property,at 7 the latest,by a date certain established during,and condition on,the 8 approval of the rezoning action.At no cost to the county,the land set 9 aside and/or to be improved shall be made free and clear of all liens, 10 encumbrances and improvements,at the developer's sole expense, 11 except as otherwise approved by the board. Failure to deed the land or 12 complete the dedication within the 90 day appropriate time frame noted 13 above may result in a recommendation to the board of for consideration 14 of rezoning the subject parcel from its current zoning district to an 15 appropriate zoning district and may in a violation of this LDC pursuant to 16 LDC section 8.08.00. 17 c. Should the dedication of land also include agreed upon improvements, 18 said improvements shall be completed and accepted byCelliar--GetAtv 19 Board of County Commissioners at the development phase which has 20 infrastructure improvements available to the parcel of land upon which 21 said improvements are to be made,or at a specified time provided for 22 within the ordinance approving the rezone. 23 0.1 Status of Planning Commission report and recommendations.The report and Comment[e1s466]:Relocated from 10.03.05 24 recommendations of the Planning Commission required by LDC section 10.02.08 E(shall M 25 be advisory only and not be binding upon the Board of County Commissioners. Comment[C467]:Updated from 10.02.08 D. 1/""`• 26 IK. Board of County Commissioner's action on the Planning Commission report. through H. 27 1. Upon receipt of the Planning Commission's report and recommendations,the ' .__- comment[ersass):Relocated from 10.03.05 28 Board of County Commissioners shall hold a second public hearing with notice to ,N. 29 be given pursuant to the provisions of general law.The reports and 30 recommendations of the staff and the Planning Commission on the application 31 shall be presented prior to the close of the public hearing on the application.The 32 applicant shall have the right, prior to the close of the public hearing,to respond 33 to any contentions presented by any testimony or other evidence presented 34 during the public hearing. 35 2. In the case of all proposed changes or amendments,such changes or 36 amendments shall not be adopted except by the affirmative vote of 4 members of 37 the Board of County Commissioners. 38 L. Failure of Board of County Commissioners to act. If a Planning Commission 39 recommendation is not legislatively decided within 90 days of the date of closing of the 40 public hearing by the Board of County Commissioners,the application upon which the 41 report and recommendation is based shall be deemed to have been denied, provided 42 that Board of County Commissioners may refer the application to the Planning 43 Commission for further study. 44 Ml. Limitations on the rezoning of property. Comment[ers469]:Relocated from 10.03.05 45 1. No change in the zoning classification of property shall be considered which P. 46 involves less than 40.000 square feet of area and 200 feet of street frontage 47 except:where the proposal for rezoning of property involves an extension of an 48 existing or similar adjacent district boundary:within the broader land use 49 classification of"C"districts,"RSF"districts, "RMF"districts,wherein such rezone 50 is compatible with, or provides appropriate transition from,adjacent districts of 51 higher density or intensity. Howegqver.the requirement of 200 feet of street I:Wdmin Code 20121Current WorklAdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 frontage shall not apply to rezone petitions that provide 80 percent or more 2 affordable housing units. 3 2. Whenever the Board of County Commissioners has denied an application for the 4 rezoning of property,the Planning Commission shall not thereafter: 5 a. Consider any further application for the same rezoning of any part or all of 6 the same property for a period of 12 months from the date of such action; 7 b. Consider an application for any other kind of rezoning of any part or all of 8 the same property for a period of 6 months from the date of such action. 9 3. Except as otherwise provided within section 10.02.12 D.all zoning approvals for 10 which a final development order has not been granted within 5 years of the date 11 of its approval shall be evaluated to determine if the zoning classification for the 12 property should be changed to a lower,or more suitable classification. 13 During the fifth year after the date of the zoning approval by the Board of County 14 Commissioners and during every fifth year thereafter,the County Manager or his 15 designee shall prepare a report on the status of the rezoned property.The 16 purpose of the report will be to evaluate what procedural steps have been taken 17 to develop the property under its current zoning classification. 18 Should the County Manager or designee determine that development has 19 commenced,then the land shall retain its existing zoning classification and shall 20 not be subiect to additional review and classification change. 21 Should the County Manager or leis designee determine that development has 22 not commenced,then upon review and consideration of the report and any 23 supplemental information that may be provided,the Board of County 24 Commissioners shall elect one of the following: 25 a. To extend the current zoning classification on the property for a maximum 26 period of 5 years; at the end of which time,the property shall again be 27 evaluated under the procedures as defined herein. 28 b. Direct the appropriate county staff to begin rezoning procedures for said 29 property.The existing zoning classification of the property shall remain in 30 effect until subsequent action by the board on the property. 31 c. In the case of developments of regional impact,time limit restrictions 32 shall be superseded by the phasing plan and/or time limits contained 33 within the application for development approval and approved as part of 34 a development order in conformance with F.S. 380.06. 35 114. Applications for rezones to a specific use.The applicant for any rezoning application Comment[els470]:Relocated from 10.03.05 36 may, at his or her option,propose a specific use or ranges of uses permitted under the q 37 zoning classification for which application has been made.As a condition of approval of 38 such proposal,the development of the property which was the subiect of the rezoning 39 application shall be restricted to the approved use or range of uses.Any proposed 40 addition to the approved use or range of uses shall require resubmittal of a rezoning 41 application for the subiect property. 42 d,. Waiver of time limits.The time limits of 10.02.08 Atli above may be waived by 3 __ Comment[e15471]:Relocated from 10.03.05 43 affirmative votes of the Board of County Commissioners when such action is deemed R. 44 necessary to prevent iniustice or to facilitate the proper development of Collier County. comment[C472]:Previously N. 45 # # # # # # # # # # # # # 46 I:V\dmin Code 2012\Current Work\Admin Code LDC Amendment 701 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code Reference Admin Code Ch. 2 B. LDC Amendment-Privately Initiated Text and Map Amendments Chapter/Section: LDC Notice 10.03.06 Section LDC Notes: 10.02.09: • Relocated language from 10.02.08 • Clarified language Revision: 6/6/13 CC 1 2 10.02.09 Submittal Requirements for Text Amendments to the LDC 3 A. Text Amendments to the LDC. 4 1. Amendments to the LDC may be made no more than twice during the calendar 5 year as scheduled by the County Manager,except if the Collier County Board of 6 County Commissioners, by at least a super-maiority vote,directs that additional 7 amendments be made for specific purposes. 8 2. The LDC may only be amended in such a way as to preserve the consistency of 9 the LDC with the growth management plan. 10 3. The Administrative Code shall establish the submittal requirements for LDC 11 amendments. Comment[C473]:Language relocated from 12 •_. - - - l 10.02.08 C. 13 as scheduled by the County Manager,except: 14 A. Amendments to this Code may be made more often than twice during the 15 cmlcndar y or if the Collier County Board of County Commissioners, by at least a —� 16 super majority vote, directs that additional amendments be made for specific 17 purposes. Comment[C474]:Struck language relocated 18 # # # # # # # # # # # # # to 10.02.09 A,above 19 i I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code/LDC Amendment Overview Admin Code Section Ch.3 G Planned Unit Developments and Title: LDC Notice Section: N/A LDC Changes: 10.02.13: • PUD Master Plan submittal requirements moved to Admin Code and minor reference changes made • Updated language and cross references throughout. • Referenced Admin Code and removed submittal requirements Revised: 6/6/13 CC 1 2 10.02.13 Planned Unit Development(PUD)Procedures 3 A. Generally. e •-- :- -•: • - : -• _.: - -.Applications for 4 amendments to,or rezoning to, PUD shall be in the form of a PUD master plan of 5 development along with a list of permitted and accessory uses and a development 6 standards table.The PUD application shall also include a list of developer commitments 7 and any proposed deviations from the LDC .The PUD master 8 plan shall have been designed by an urban planner who possesses the education and 9 experience to qualify for full membership in the American Institute of Certified Planners; 10 and/or a landscape architect who possesses the education and experience to qualify for 11 full membership in the American Society of Landscape Architects,together with either a 12 practicing civil engineer licensed by the State of Florida,or a practicing architect licensed 13 by the State of Florida_, _-: -_ :- a--: ' --•-••-_-- a •-: 14 c^cntc: 15 1. PUD master plan. •- • ! - _ - a _ _ -_ .- _ _ a _ - _ •_ _ 16 graphically illustrate thc development strategy:The Community Character Plan 17 For Collier County, Florida(April 2001)should be referenced as a guide for 18 development and redevelopment in the PUD districts-The Administrative Code 19 shall establish the information to graphically illustrate the development strategy. 20 The title of thc project and name of thc developer; _- Comment[e1s475]:A.1.a.-m.relocated to the 21 b. Scale,date, north arrow; Admin Code. 22 23 c. Boundaries of the subject property, all existing streets and pedestrian 24 25 ' - 26 27 - - - aaa ::••-• 28 d. Identification of all proposed tracts or increments illustrating boundaries 29 ; 30 31 32 buffers with a cross section for any buffer which deviates from that which 33 34 function of all areas proposed for dedication or to be reserved for 35 community and/or public use;and areas proposed for recr-oatieriel-u ee 36 including golf courses and related facilities,and provisions for ownership, 37 - 38 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 c. Identification of all proposed and permitted land uses pursuant to section 2 2.03.06 of this Codc within each tract or increment describing:acreage; 3 proposed number of dwelling units;proposed density and percentage of 4 the total development represented by ach type of use;or in the case of 5 -6 7 8 structure within the individual tracts or increments. Descriptions of the 9 relationship of the proposed land uses to each other within the PUD and 10 to land uses abutting/surrounding the project; 11 f. The location and size(as appropriate)of all existing drainage,water, 12 sewer,and other utility provisions; 13 g. The location of all proposed major internal thoroughfares and pedestrian 14 acccscways, including interconnecting roadways within the PUD as well 15 as with abutting uses; 16 h. Typical cross sections of all major,collector,and local streets,public or 17 private,within the PUD; 18 ). The location of proposed and existing roads, rights of way,and 19 pedestrian systems within 1,500 feet of the proposed PUD; 20 j. The overall acreage and proposed gross density for the PUD; 21 k. Information on previous and recent uses of land; 22 t. Proposed vehicular ingress and egress points; 23 m. Any other relevant information determined to be necessary by the 24 Planning Services Department Director. 25 2. PUD application.The applicant shall submit data supporting and describing the 26 petition for rezoning to PUD in the form of a PUD application that includes a 27 development standards table,developer commitments and a list of deviations 28 from the LDC. •- -- - -=•• -- - -, - --- _e••••' ••-• _ _ 29 the list of deviations from the LDC shall be submitted in both an electronic 30 31 his designee. The submittals shall conform to the most recent standardized 32 33 Director.The PUD application shall include the information 34 identified in the Administrative Code unless determined by the Planning and 35 Zoning Ddirector to be unnecessary to describe the development strategy_ 36 j0. Name of preject; Comment[e1s476]:a.-u.relocated to the 37 b. List of exhibits which arc proposed to be included in the ordinance of Admin Code 38 adoption; 39 c. Statement of compliance with all elements of the growth management 40 plat 41 d. Ccneral location map drawn to scale, illustrating north point and 42 relationship of the site to such external facilities as highways,shopping 43 areas,cultural complexes and the like; 44 c. Property ownership and general description of site(including statement of 45 unified ownership); 46 f. Description or narrative of project development; 47 g. Boundary survey(no more than 6 months old)and legal description; 48 h. Proposed and permitted land uses within each tract or increment which 49 shall be incorporated into the ordinance of adoption; 50 4. A dimensional standards table for ach type of land use proposed within 51 the PUD. Dimensional standards ndards shall be based upon an established Wdmin Code 2012\Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG Bold text indicates a defined term 1 zoning district that most closely resembles the development strategy, 2 3 4 -• - -" - ._ 5 6 - - . -. •- - - 7 j. The proposed timing for location of,and sequence of phasing or 8 _.._ _. . . ._ .. 9 k. The proposed location of all roads and pedestrian systems,with typical 10 cro sections,which will be constructed to serve the PUD which shall be 11 12 1. Habitats and their boundaries identified on an aerial photograph of the 13 -. "' -. •_ 14 15 16 equal to at I ast 200 feet when available•from the county,otherwise;-a 17 18 obtained by ground truthing surveys shall have precedence over 19 a --. .• - - -• - • T.: - • -- -- evidence. Habitat,plant and 20 21 m. Environmental impact analysis pursuant to applicable provisions of 22 section 10.02.02 23 n. Information about existing vegetative cover and soil conditions in 24 sufficient detail to indicate suitability for proposed structures and uses; 25 o. The location and nature of all existing public facilities, such as schools, 26 parks and fire stations that will service the PUD; 27 P. A plan for the provision of all needed utilities to serve the PUD; including 28 . 29 30 related county regulations and ordinances; 31 q. Traffic impact analysis; 32 r. Agreements, provisions,or covenants which govern the use, 33 • . _ -' 34 common areas or facilities; 35 s. Development commitments for all infrastructure and related matters; 36 t. When determined necessary to adequately assess the compatibility of 37 proposed uses to existing or other proposed uses,relationship to open 38 .. _ 39 40 Review Department Director may request schematic architectural 41 42 and improvements, as appropriate; 43 44 45 •" 46 be identified in the PUD application by citing the specific section number 47 of the regulation and indicating the proposed modification to such 48 - 49 ef-adoption. 50 3. Deviations from master plan elements.The Zoning and Land Development 51 Review Department Director may exempt a petition from certain required I:Wdmin Code 20121Current WorklAdmin Code LDC Amendmen�to CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 elements for the PUD master plan pursuant to section 10.02.12 of thic identified 2 in the Administrative Code when the petition contains conditions;which 3 demonstrate that the element may be waived and will not have without a 4 detrimental effect on the health,safety and welfare of the community.All 5 exemptions shall be noted within the PUD submittal and provided to the Board of 6 County Commissioners. 7 4. Submittal of School Impact Analysis(SIA)application for residential projects. 8 The applicant shall submit a completed SIA application for the School District's 9 review for a determination of school capacity. Refer to LDC section 10.04.09 for 10 SIA requirements. 11 B. Procedures for planned unit development zoning. Petitions for rezoning to PUD in 12 accordance with LDC section 10.02.082 shall be submitted and processed as for a 13 rezoning amendment generally pursuant to LDC section 10.02.082 and in accordance 14 with the following special procedures: 15 1. Pre-application meeting.sen€erence.Prior to the submission of a formal 16 application for rezoning to PUD,the applicant shall confer with the Planning and 17 Zoning Department Director and other County 18 staff,agencies,and officials involved in the review and processing of such 19 applications and related materials.The applicant is further encouraged to submit 20 a tentative land use sketch plan for review at the pre-application meeting 21 cvn erenee,and to obtain information on any projected plans or programs 22 relative to possible applicable Federal or State requirements or other matters that 23 may affect the proposed PUD.Theis pre-application meeting conference should 24 address,but is not be limited to,the following cuch matters ac: 25 a. The suitability of the area for the type and pattern of development i-\ 26 proposed in relation to physical characteristics of the land,surrounding 27 areas,traffic and access,drainage,sewer,water,and other utilities. 28 b. Adequacy of evidence of unified control and suitability of any proposed 29 agreements,contract,or other instruments,or for amendments in those 30 proposed,particularly as they may relate to arrangements or provisions to 31 be made for the continuing operation and maintenance of such areas and 32 facilities that are not to be provided or maintained at public expense. 33 Findings and recommendations of this type shall be made only after 34 consultation with the County Attorney. 35 c. Conformity of the proposed PUD with the goals,objectives,policies,and 36 the Future Land Use Element of the rowth Mahanagement 55lan. 37 d. The internal and external compatibility of proposed uses,which 38 conditions may include restrictions on location of improvements, 39 restrictions on design,and buffering and screening requirements. 40 e. The adequacy of usable open space areas in existence and as 41 proposed to serve the development. 42 f. The timing or sequence of development for the purpose of assuring the 43 adequacy of available improvements and facilities,both public and 44 private. 45 g. The ability of the subject property and of surrounding areas to 46 accommodate expansion. 47 h. Conformity with PUD regulations,or as to desirable modifications of such 48 regulations in the particular case,based on determination that such 49 modifications are justified as meeting public purposes to a degree at least 50 equivalent to literal application of such regulations. I:\Admin Code 2012\Current WorktAdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2. Prehearing conference. Prehearing conferences may be held between the 2 applicant and/or his representatives and officials or representatives of the 3 county prior to advertisement of the hearing date.The purpose of cuch the 4 prehearing conferences shall be to assist in bringing the application for rezoning 5 to PUD as close to dearly as poccible into conformity with the intent of the LDC 6 these or other applicable regulations, and/or to define specifically any justifiable 7 variations from the application of such regulations. 8 3. Staff review and recommendation. Based upon evaluation of the factors set forth 9 above,the County staff shall prepare a report containing their review findings; 10 and a recommendation of approval or denial. 11 4. Hearing before the Planning Commission. Public notice shall be given and a 12 public hearing held before the Planning Commission on the application for 13 rezoning to PUD. Both the notice and the hearing shall identify the application,by 14 name and application number,proposed PUD master plan of development,and 15 required statements as they may have been amended as a result of the 16 prehearing conference conducted pursuant to LDC section 10.02.13 17 B_2.10.02.12 18 5. Planning sCommission hearing and recommendation.The Planning Commission 19 shall make written findings at an advertised public hearing as required in LDC 20 section 10.02.08 and as otherwise required in this section and shall recommend 21 to the Board of County Commissioners either approval of the PUD rezoning as 22 proposed;approval with conditions or modifications;or denial.In support of its 23 recommendation,the Planning Commission shall make findings as to the PUD 24 master plan's compliance with the following criteria in addition to the findings in ^ 25 LDC section 10.02.08. 26 a. The suitability of the area for the type and pattern of development 27 proposed in relation to physical characteristics of the land,surrounding 28 areas,traffic and access,drainage,sewer,water,and other utilities. 29 b. Adequacy of evidence of unified control and suitability of agreements, 30 contract,or other instruments,or for amendments in those proposed, 31 particularly as they may relate to arrangements or provisions to be made 32 for the continuing operation and maintenance of such areas and facilities 33 that are not to be provided or maintained at public expense. Findings and 34 recommendations of this type shall be made only after consultation with 35 the County Attorney. 36 c. Conformity of the proposed PUD with the goals,objectives,policies,and 37 the Future Land Use Element of the Ggrowth Management Dian. 38 d. The internal and external compatibility of proposed uses,which 39 conditions may include restrictions on location of improvements, 40 restrictions on design,and buffering and screening requirements. 41 e. The adequacy of usable open space areas in existence and as 42 proposed to serve the development. 43 f. The timing or sequence of development for the purpose of assuring the 44 adequacy of available improvements and facilities,both public and 45 private. 46 g. The ability of the subject property and of surrounding areas to 47 accommodate expansion. 48 h. Conformity with PUD regulations,or as to desirable modifications of such 49 regulations in the particular case,based on determination that such 50 modifications are justified as meeting public purposes to a degree at least 51 equivalent to literal application of such regulations. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendme 1 Tor CCPC on 071813(071713)FINAL docx 7/17/2013 2:53 PM ■•••• Text underlined is new text to be added. Bold text indicates a defined term 1 6. Action by Board of County Commissioners.Unless the application is withdrawn 2 by the applicant or deemed"closed"pursuant to LDC section 2.03.06 of this 3 6ede,the Board of County Commissioners shall, upon receipt of the Planning 4 Commission's recommendation,advertise and hold a public hearing on the 5 application.The notice and hearing shall be on the PUD rezone application, PUD 6 master plan of development and PUD ordinance,as recommended by the 7 Planning Commission to the Board of County Commissioners.The Board of 8 County Commissioners shall either grant approve the proposed rezoning to PUD; 9 approve with conditions or modifications;or deny the application for PUD 10 rezoning. 11 C. Effect of planned unit development zoning. If approved by the County Board of County 12 Commissioners,the PUD master plan for development,the PUD ordinance and all 13 other information and materials formally submitted with the petition shall be considered 14 and adopted as an amendment to the LDC-Zoning a and shall become the 15 standards for development for the subject PUD.Thcnccforth,tThe development in the 16 area delineated as the PUD district on the official zoning atlas shall proceed only in 17 accordance with the adopted development regulations and the PUD master plan for 18 said PUD district,except that approval and adoption of a PUD ordinance or PUD master 19 plan does not ast•te authorize or vest the location,design,capacity,or routing of traffic 20 for any access point depicted on,or described in,such ordinance or plan. 21 Before development of any type may proceed,all agreements,conditions of approval, 22 and contracts required,but not approved at the time of amending action,shall be 23 approved by appropriate officers or agencies of the County. Issuance of a final 24 development order within any tract or increment within the PUD shall first require 25 compliance with all sections of the Collier County subdivision regulations(Chapter 10 of 26 the LDC)and/or the site development plan regulations(LDC section 10.02.03)as 27 appropriate. 28 D. Time limits for approved PUDs. For purposes of this section,the word"sunset"or 29 "sunsetting"shall be the term used to describe a PUD which has,through a 30 determination made by the Planning and Zoning Services Department Director, not met 31 the time frames and development criteria outlined in this section of the LDC Cede as 32 applicable. For all PUDs,the owner entity shall submit to the Planning and Zoning 33 Services Department Director a status report on the progress of development annually 34 from the date of the PUD approval by the Board of County Commissioners. 35 1. Criteria for sunsettina.The purpose of the report will be to evaluate whether or 36 not the project has commenced in earnest in accordance with the following 37 criteria: 38 4a. For residential portions of PUDs,physical development of infrastructure 39 improvements, including access roads, internal roads,sewer and water 40 utilities and any other related infrastructure,that supports a minimum of 41 15 percent of the designated residential area or areas of the PUD shall be 42 initiated by the fifth anniversary date of the PUD approval.An additional 43 15 percent of such infrastructure shall be completed every year thereafter 44 until PUD buildout;and 45 2b. For the nonresidential portions of PUDs and commercial and industrial 46 PUDs,physical development of a minimum of 15 percent of authorized 47 floor area when approved on the basis of a defined amount of floor 48 space shall be initiated by the fifth anniversary date of the PUD approval. 49 In the event that the floor area is not the defining intensity measure,then 50 25 percent of the land area to include some representative portion of the 51 building space shall be constructed by the fifth anniversary date of the I:\Admin Code 2012\Current WorkWdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 PUD approval.The same amount of development shall be required 2 every year thereafter up to an amount representing 75 percent of 3 authorized buildable area and floor area.Thereafter the PUD shall be 4 exempt from these sunset provisions. 5 3c. For mixed use tracts or structures,physical development of 6 infrastructure improvements, including access roads, internal roads, 7 sewer and water utilities and any other related infrastructure that supports 8 a minimum of 15 percent of the designated mixed use tract or structure 9 shall be initiated by the fifth anniversary date of the PUD approval. 10 Physical development of a minimum of 15 percent of approved mixed 11 use floor area,and 15 percent of the approved residential units,shall be 12 initiated by the fifth anniversary date of the PUD approval.Components of 13 mixed use planned unit developments(MPUDs)that are non-residential 14 _ __ _ - _ -- -__ -••-• _ _ ___ •- must comply with LDC 15 subsections 10.02.13 D.1_b.2.a.through b. 16 4d. If in the event of a moratorium,or other action of government that 17 prevents the approval of any final development order,the duration of the 18 suspension of the approval shall not be counted towards the 5 year 19 sunset period. 20 5e. Infrastructure improvements as required above shall be located on site 21 and shall constitute infrastructure that makes possible vertical 22 construction consistent with the permitted land uses.Acceleration lanes, 23 entry road access and the like do not count towards meeting the required 24 levels of infrastructure improvements as required above. 25 62. PUD sunsetting. Prior to or any time after the Planning and Zoning Setvises 26 Department Director determines that a PUD has sunsetted,then the property 27 owner shall initiate one of the following: 28 a. Request a PUD extension; 29 b. Request a PUD amendment-;or 30 c. Request a rezone. 31 Board of County Commissioners action on PUDs which have sunsetted. Upon 32 review and consideration of the appropriate application,or the status report 33 provided by the property owner and any supplemental information that may be 34 provided,the Board of County Commissioners shall elect one of the following: 35 a. To extend the current PUD approval for a maximum period of two years; 36 at the end of which time,the property owner shall again submit to the 37 procedure as defined herein, however no further development order 38 applications shall be processed by the County until the PUD is officially 39 extended. 40 b. Approve or deny an application for a PUD amendment.The existing PUD 41 shall remain in effect until subsequent action by the Board of County 42 Commissioners on the submitted amendment to the PUD, however no 43 further development order applications shall be processed by the county 44 until the PUD is officially amended. 45 c. Require the owner to submit an amended PUD.The existing PUD shall 46 remain in effect until subsequent action by the Board of County 47 Commissioners on the submitted amendment to the PUD,however no 48 further development order applications shall be processed by the 49 County until the PUD is officially amended. 50 i. If the owner fails to submit an amended application to the PUD 51 within six months qof the action of the Board of County I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 Commissioners to require such a submittal, or the board denies 2 the request to amend the PUD,then the Board of County 3 Commissioners may initiate proceedings to rezone the 4 unimproved portions of the original PUD to an appropriate zoning 5 classification consistent with the future land use element of the 6 growth management plan. 7 84. PUD time limit extensions. Extensions of the time limits for a PUD may be 8 approved by the Board of County Commissioners.The Administrative Code shall 9 establish the submittal requirements for a PUD extension request.An approved 10 PUD may be extended as follows: 11 a. Maximum extension:There may be one PUD extension granted for a 12 maximum of 2twe years from the date of original sunset. 13 b. Approval of an extension shall be based on the following: 14 i. The PUD and the master plan is consistent with the current growth 15 management plan including, but not limited to,density, intensity 16 and concurrency requirements; 17 ii. The approved development has not become incompatible with 18 existing and proposed uses in the surrounding area as the result 19 of development approvals issued subsequent to the original 20 approval of the PUD zoning; and 21 iii. Approved development will not, by itself or in conjunction with 22 other development, place an unreasonable burden on essential 23 public facilities. 24 lc. hn extension request shall consist of the following: [Comment[e1s477]:Relocated to the Admin 25 i. A completed application form provided to the property owner by 26 the-county -aed 27 ii. A copy of the original PUD approval ordinance;and 28 iii. A written statement describing how the criteria listed in subsection 29 30 iv. A fee paid in accordance with the county fcc resolution. 31 v. Any other information the County Manager or his designee deems 32 necessary to process and evaluate the request. 33 4c. No more than one extension may be granted for any development 34 original approval date. 35 ed. Any PUD developer who has not commenced development pursuant to 36 the sunsetting provisions set forth in this section of the LDCSede within 37 10teR years of the original PUD approval date shall submit a new 38 rezoning application. 39 85. Retention of existing PUD status. Once a PUD has sunsetted the land shall 40 retain its existing PUD zoning status,however applications for additional . 41 development orders shall not be processed until 1eee of the following occurs: 42 a. The Board of County Commissioners approves a request for extension of 43 PUD zoning status. 44 b. The Board of County Commissioners approves an amendment to the 45 existing PUD. Should the Planning and Zoning Services Department 46 Director determine that development has commenced in earnest,then 47 the land shall retain its existing PUD approval and shall not be subject to 48 additional review and consideration of new development standards or 49 use modification pursuant to the provisions for time limits for approved 50 PUDs. I:\Admin Code 2012\Current Work\Admin Code LDC Amendmerno9CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 In the case of developments of regional impact, PUD time limit 2 restrictions shall be superseded by the phasing plan and/or time limits 3 contained within the application for development approval and approved 4 as part of a development order in conformance with F.S.§380.06. 5 406. Exemptions from sunsetting.Any educational plants or facilities or public service 6 facilities including police,fire and EMS facilities that were identified in an 7 approved PUD zoning district or PUD master plan and which are consistent with 8 the approved development regulations shall retain development rights, 9 although a planned unit development may have sunsetted,as provided for this 10 section.A development order for such facilities shall be issued in accordance 11 with a site development plan approval,without the requirement to amend or 12 extend the original planned unit development. 13 447. PUD buildout. For PUDs approved on or after January 3,2007 the land owner 14 shall: 15 a. For all PUDs the build out year as submitted and approved with the 16 application's Traffic Impact Statement(TIS)shall serve as the reference 17 year for the approved density and intensity.Two years after the build out 18 year as defined on the approved TIS submitted with the application and 19 on the anniversary date of the adopted PUD any remaining density or 20 intensity that has not been approved by the appropriate site 21 development plan or plat and received a certificate of public adequacy 22 (COA)shall be considered expired and void of any remaining 23 development rights. In the event that action or in-action by the County or 24 any regulatory agency or legal action prevents the approval of a 25 development order,the duration of the suspension of the approval shall 26 not be counted towards the expiration provision above,contingent that 27 the applicant has been diligently pursuing a local development order or 28 permit through any of the required regulatory agencies.The County 29 Manager or designee must be notified in writing of the circumstances of 30 the delay with the appropriate documentation. 31 b. For all PUDs the build out year as submitted and approved with the 32 application's Traffic Impact Statement(TIS)shall serve as the reference 33 year for the approved density and intensity.On the build out year as 34 defined on the approved TIS submitted with the application and on the 35 anniversary date of the adopted PUD any remaining density and intensity 36 shall be considered expired if all of the lands within the PUD boundary 37 have received approval through site development plans or plats and 38 received a certificate of public adequacy(COA). For non-residential 39 portions of a PUD,section(a)above allows for two 2 additional years to 40 amend the site development plan(s)in order to apply for development 41 orders for any remaining intensity within non-residential sections of the 42 PUD. 43 128. Local Economic Emergency Ordinance. 44 a. Short title and recitals.This Ordinance shall be known as the Collier 45 County Local Economic Emergency Ordinance,and the above findings 46 and recitals are hereby adopted by reference into this Ordinance. 47 b. Declaration of Local Economic Emergency.The Collier County Board of 48 County Commissioners,convened in regular session, hereby declares 49 and ordains that a local economic emergency exists within Collier County, 50 Florida, requiring immediate measures to address the emergency before 51 irreversible harm is done to the economic well being of the citizens of the I:Wdmin Code 2012\Current WorkWdmin Code LOC Amendme or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 County.This Ordinance is adopted after public hearing pursuant to,and 2 in accordance with, F.S.§125.66(2). 3 c. Tolling of Land Development Code Section 10.02.13.D. LDC sScction 4 10.02.13.D of the Collier County Land Development Code provides for 5 Planned Unit Development time limit and time limit extension 6 requirements.These time limit and time limit extension requirements are 7 hereby tolled to May 12,2012 for Planned Unit Developments which 8 have not sunsetted prior to the effective date of this Ordinance[2009-22]. 9 Prior to May 12,2012,the Board of County Commissioners will determine 10 if the declaration of Local Economic Emergency should be ended. 11 E. Changes and amendments. There are three types of changes to a PUD master plan: 12 Substantial, Insubstantial,and Minor. Language changes to a previously approved PUD 13 document shall require the same procedure as for amending the official zoning atlas, 14 except for the removal of a commitment for payment towards affordable housing which 15 is considered to be a minor change as described in LDC Ssection 10.02.13 E.3.c. 16 1. Substantial changes.Any substantial change(s)to an approved PUD Ordinance 17 shall require the review and recommendation of the Planning Commission and 18 approval by the Board of County Commissioners as a PUD amendment prior to 19 implementation.Applicants shall be required to submit and process a new 20 application complete with pertinent supporting data,as set forth in the 21 Administrative Code.ccctions 10.02.13 A and B For the purpose of this section, 22 a substantial change shall include any of the following: 23 where= 24 a. Thcrc is a A proposed change in the boundary of the PUD;Of 25 b. There is a&proposed increase in the total number of dwelling units or 26 intensity of land use or height of buildings within the development; 27 c. Thcrc is a&proposed decrease in preservation,conservation, recreation 28 or open space areas within the development not to exceed 5 percent of 29 the total acreage previously designated as such,or 5 acres in area; 30 d. Thcrc is a&proposed increase in the size of areas used for 31 nonresidential uses,to include institutional,commercial and industrial 32 land uses(excluding preservation,conservation or open spaces),or a 33 proposed relocation of nonresidential land uses; 34 e. Thom is a A substantial increase in the impacts of the development 35 which may include, but are not limited to, increases in traffic generation; 36 changes in traffic circulation;or impacts on other public facilities; 37 f. The A change that will result in land use activities that generate a higher 38 level of vehicular traffic based upon the Trip Generation Manual published 39 by the Institute of Transportation Engineers; 40 g. The-A change that will result in a requirement for increased stormwater 41 retention, or will otherwise increase stormwater discharges; 42 h. The-A change that will bring about a relationship to an abutting land use 43 that would be incompatible with an adjacent land use; 44 i. Any modification to the PUD master plan or PUD document or 45 amendment to a PUD ordinance which is inconsistent with the F#uture 46 Lland Uese Eelement or other element of the Qgrowth Management 47 Elan or which modification would increase the density or intensity of the 48 permitted land uses; 49 j. The proposed change is to a PUD district designated as a development 50 of regional impact(DRI)and approved pursuant to F.S.§380.06,where 51 such change requires a determination and public hearing by Collier 202 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 County pursuant to F.S.§380.06(19).Any change that meets the 2 criterion of F.S.§380.06(19)(e)2,and any changes to a DRI/PUD master 3 plan that clearly do not create a substantial deviation shall be reviewed 4 and approved by Collier County under this LDC section 10.02.13 of this 5 Bede;or 6 k. Any modification in the PUD master plan or PUD document or 7 amendment to a PUD ordinance which impact(s)any consideration 8 deemed to be a substantial modification as described under this LDC 9 section 10.02.13, 10 2. Insubstantial change determination.An insubstantial change includes any 11 change that is not considered a substantial or minor change. An insubstantial 12 changc(s)to an approved PUD Ordinance shall be based upon an evaluation of 13 LDC subsection 10.02.13 E.1 and shall require the review and approval of the 14 Planning Commission.The Planning Commission approval shall be based on the 15 findings and criteria used for the original applications and be as an action taken 16 at a regularly scheduled meeting. 17 a. The applicant shall provide the Planning and Zoning Se vises 18 Department Director documentation which adequately describes the 19 proposed changes as described in the Administrative Code.aleng• ith 20 :: :: : : , • _-•' : _: 21 The PUD master plan map shall show all data normally required for 22 .. - : - •-e --- - : _n unless it is otherwise determined not to 23 24 25 - -.- _ :: _:- - ::: - - ' - - - 26 27 28 29 30 for the request. UpeR receipt-ef the • - - •-' --- - • • , •- 31 32 e.• . 33 34 fCVICW and comment. Comment[ELS478]:PUD Insubstantial 35 3. Minor changes. The following are considered minor changes,and may be change submittal requirements. Moved to Admin Code 36 approved by the County Manager under the procedures established in the 37 Administrative Code.this section. * 38 * * 39 Minor changes of the type described above shall nevertheless be reviewed by 40 appropriate staff to ensure that said changes are otherwise in compliance with all 41 county ordinances and regulations prior to the Planning and Zoning Services 42 Department Director's consideration for approval. 43 c. Affordable housing commitments. Beginning October 3,2012 the County 1 44 Manager or designee shall be authorized to make minor text changes to 45 remove affordable housing commitments to pay an affordable housing 46 contribution in PUDs, Development Agreements, and Settlement 47 Agreements if the following conditions are met: 48 i. The applicant notices property owners in writing in accordance 49 with LDC section 10.03.06 R. - e.e-.e- t. e : e e- 50 8.11 as may be applicable. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 ii. If no written objection is received,the request to remove 2 commitments is deemed approved. 3 iii. If a property owner who receives notice submits a written 4 objection within 30 days of mailing of the notice,the matter shall 5 be scheduled for public hearing before the Board of County 6 Commissioners. Public notice shall comply with LDC sections 7 10.03.05 and 10.03.06. ._ - = a -- 8 F. PUD Monitoring Report requirements. In order to ensure and verify that approved project 9 densities or intensities of land use will not be exceeded and that development 10 commitments will be fulfilled and are consistent with the development's approved 11 transportation impact study, annual monitoring reports must be submitted by the 12 owner(s)of a PUD to the County Manager or#}s designee. 13 1. - 14 - 15 16 _ _ _ _ _ _ - - (Comment[EL5479]:Admin Code ) 17 The report shall be submitted annually, on or before the 18 anniversary date of approval by the Board until the PUD is completely 19 constructed and all commitments in the PUD document/master plan are met 20 (built out). 21 a. A tract or parcel of a PUD that has completed construction within that 22 tract may be considered built-out and is not responsible for annual 23 monitoring reports,as long as all PUD commitments within that tract are 24 complete.This built-out status does not exempt the tract owner(s)from 25 commitments applicable to the entire PUD. 26 2. The Administrative Code shall establish the submittal requirements for a PUD 27 Annual Monitoring Report. • - - : , -- , •-- 28 information: 29 30 Name of project. Comment[e1s480]:F.2.a.-i.relocated to the b. Name of owner. Admin code 31 c. Number of units,by residential type;square footage and acreage of 32 33 34 35 36 of-t-14e-pcieRiter-iiag-FeReFt7 37 d. Up to date PUD master plan showing infrastructure, 38 39 _ 40 c. A traffic count report for all access points to the adjacent roadway 41 42 - 43 - - - 45 46 47 48 49 - - - - - 50 f. Copies of all required monitoring reports completed in past year(i.e., 51 tra#ic,wollfi°' )- (� 1:1Admin Code 20121Current WorklAdmin Code LDC Amendmer? ))CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 - ._. - 2 3 h. Status of commitments in PUD document,including projected completion 4 dates if then established. 5 i. Other information as may be required by County Manager or his 6 7 3. Monitoring reports must be submitted in affidavit form approved by Collier County 8 to be executed by the owner(s)of the PUD. 9 4. County will be given at least 6 month's prior written notice to a change in 10 ownership,to a community association, including but not limited to transfer of all 11 or part of the development to a Home Owners Association, Property Owners 12 Association, Master Association,or similar entity.Change in ownership of 13 portions of a PUD development shall not absolve the original owner of the 14 requirement to file an annual monitoring report.Transferring responsibility for 15 filing the annual monitoring report to an entity other than the original owner may 16 be demonstrated in the form of an executed agreement between the original 17 owner and the new entity which when filed with the Planning and Zoning 18 Services Department Director shall automatically transfer responsibility for filing 19 that annual monitoring report. 20 5. A release of a PUD commitment determined to be no longer necessary shall be 21 brought as an agenda item to the Board of County Commissioners for their 22 approval. 23 6. The PUD owner(s)"the Developer, Home Owners Association,Master 24 Association or similar entity"may petition the Board of County Commissioners to 25 relinquish the development rights to any un-built units and declare themselves 26 "built-out"in order to satisfy all reporting requirements.The applicant shall be 27 responsible for any documentation required to verify the status of the PUD when 28 requesting a waiver or a determination of"built-out"status. 1 Comment[C481]:Previously in LDC section 1 29 67. Traffic Count Monitoring requirements. A onetime payment for permanent traffic 10.02.07C 1.b—COAlanguage 30 count stations shall be due at the time of the first PUD Annual Monitoring Report 31 following the first certificate of occupancy within the PUD. The payment shall be 32 based upon the number of ingress and/or egress points (Access Points) based 33 upon the conceptual Master Plan within the PUD Ordinance. Each Access Point 34 shall require a payment of$500.00. If additional Access Points are granted at 35 any time, an additional payment of$500 per Access Point will be payable with 36 the following PUD Annual Monitoring Report. The Traffic Count monitoring 37 requirement shall be considered fulfilled for all PUDs that have already provided 38 at least one traffic count or payment in lieu of traffic counts. PUDs that have 39 traffic count monitoring language tied to specific commitments within their 40 ordinances shall remain in effect. 41 G. Violations.Violation of this section shall be enforced as provided in LDC section 8.08.00 42 H. Interpretations of PUD documents.The Planning Services Department Director shall be 43 authorized to interpret the PUD document and PUD master plan. 44 I. Applicability.All applications for either a PUD rezoning or an amendment to an existing 45 46 -- . -- - - - : ":- - - - - - _ . : _:: _' - - - 47 future, shall cemply with-the sass : - - --• - - -- -- - .! 48 O.of this Code. 49 1. All applications for a PUD rezoning or an amendment to an existing PUD 50 -• _ . I:\Admin Code 2012\Current Work\Admin Code LDC Amendme 225 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 --• _ 3 J. Planned unit development dictricts application proccscing.An application for a planned Comment[els4s2]:Relocated to the Admin 4 - - 5 Code 6 7 8 10 - _ -- - - -- - -- 11 12 - 14 - - 15 - - _ _ -- •- 16 currcnt Code. 17 44I. Dedication of the public facilities and development of prescribed amenities. 18 1. The Board of County Commissioners may, as a condition of approval and 19 adoption of a PUD rezoning and in accordance with the approved master plan of 20 development, require that suitable areas for streets,public rights-of-way, 21 schools, parks,and other public facilities be set aside, improved,and/or 22 dedicated for public use.Where impact fees are levied for 1 or more required 23 public facilities,the market value of the land set aside for the public purpose may 24 be credited towards such impact fees to the extent authorized by the County's 25 Consolidated Impact Fee Ordinance.Said credit shall be based on a negotiated 26 amount no greater than the market value of the set aside land prior to the 27 rezoning action,as determined by an accredited appraiser from a list approved 28 by Collier County. Said appraisal shall be submitted to the County Attorney's 29 Office and the real property office within 90 days of the date of approval of the 30 rezone,or as otherwise extended in writing by the County Manager or his 31 designee,so as to establish the amount of any impact fee credits resulting from 32 said dedication. Failure to provide said appraisal within this time frame shall 33 automatically authorize the county to determine the market value of the set aside 34 property. Impact fee credits shall only be effective after recordation of the 35 document conveying the dedicated property to Collier County.Where the term 36 Collier County is used in this section, it shall be construed to include the Collier 37 County Water and Sewer District or other agency or dependent district of Collier 38 County Government. 39 2. Land set aside and/or to be improved as committed in the PUD document,or 40 master plan, as the case may be,shall be deeded or dedicated to Collier County 41 within 90 days of receipt of notification by the county that the property is needed 42 for certain pending public improvements or as otherwise approved by the Board 43 of County Commissioners during the PUD rezoning approval process. In any 44 case, however, the county shall take title to the set aside property, at the latest, 45 by a date certain established during,and conditioned on,the approval of the 46 PUD zoning.At no cost to the County,the land set aside and/or to be improved 47 shall be made free and clear of all liens,encumbrances and improvements, 48 except as otherwise approved by the Board. Failure to convey the deed or 49 complete the dedication within the appropriate time frame noted above may 50 result in a recommendation to the Board for consideration of rezoning the subject 51 parcel from its current PUD zoning district to an appropriate zoning district and i.\Admin Code 20121Current WorktAdmin Code LDC AmendmerPo9CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 may result in a violation of the LDC this-Cede pursuant to LDC subsection 2 8.08.00 B. 3 3. Should said dedication of land also include agreed upon improvements,said 4 improvements shall be completed and accepted by the Collier County Board of 5 Commissioners at the development phase which has infrastructure 6 improvements available to the parcel of land upon which said improvements are 7 to be made,or at a specified time provided for within the PUD document. 8 U. Common open space or common facilities.Any common open space or common 9 facilities established by an adopted master plan of development for a PUD district shall 10 be subject to the following: 11 1. The PUD shall provide for and establish an organization for the ownership and 12 maintenance of any common open space and/or common facilities,and such 13 organization shall not be dissolved nor shall it dispose of any common open 14 space or common facilities, by sale or otherwise,except to an organization 15 conceived and established to own and maintain the common open space or 16 common facilities. However,the conditions of transfer shall conform to the 17 adopted PUD master plan. 18 2. In the event that the organization established to own and maintain common 19 open space or common facilities,or any successor organization,shall at any 20 time after the establishment of the PUD fail to meet conditions in accordance with 21 the adopted PUD master plan of development,the Planning and Zoning 22 Director may serve written notice upon such organization 23 and/or the owners or residents of the planned unit development and hold a 24 public hearing. If deficiencies of maintenance are not corrected within 30 days 25 after such notice and hearing,the Planning and Zoning Dovolopmon•SeFvis s 26 Director shall call upon any public or private agency to maintain the common 27 open space for a period of 1 year.When the Planning and Zoning devele(mernt 28 sefvices 4Director determines that the subject organization is not prepared or 29 able to maintain the common open space or common facilities,such public or 30 private agency shall continue maintenance for yearly periods. 31 3. The cost of such maintenance by such agency shall be assessed proportionally 32 against the properties within the PUD that have a right of enjoyment of the 33 common open space or common facilities and shall become a lien on said 34 properties. 35 # # # # # # # # # # # # # 36 I:\Admin Code 2012\Current WorkWdmin Code LDC Amendme t or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term Administrative Code Reference Admin Code Ch. 3 D. (1) Chapter/Section: Admin Title: MUP-Public Hearing for use of Bonus Density Pool and/or other Deviations LDC Notice 10.03.06 M. Section LDC Section: 4.02.16 C.8 and 10.02.15 LDC Notes: 4.02.16 C.8-No amendments 10.02.15 A.2.b. Submittal reqs moved to the Admin Code. Admin Code Notes: And Admin Code Ch.3 D. (2) Chapter/Section: Admin Title: MUP-Administrative Approval LDC Notice 10.03.06 M. Section LDC Section: 10.02.15 A.1 LDC Notes: 10.02.15 A.1.b. Submittal reqs moved to the Admin Code. Admin Code Notes: 1 2 10.02.15 Requirements for Mixed Use Projects Presedares-within the Bayshore Gateway 3 Triangle Redevelopment Area 4 A. Mixed Use Project Approval Types. 5 Owners of property located in the Bayshore Gateway Triangle Redevelopment Area 6 designated as Neighborhood Commercial (BMUD-NC), Waterfront (BMUD-W), and 7 Mixed Use (GTMUD-MXD) Subdistricts may submit an application for a Mixed Use 8 Project(MUP). The MUP shall allow for a mixture of residential and commercial uses, 9 as permitted under the Table of Uses for the appropriate subdistrict. Applications for a 10 MUP may be approved administratively or through a public hearing process as 11 described in this section.A pre-application meeting is required for all MUP applications. 12 1. Administrative Approval: 13 a. MUPs may be approved administratively provided they meet the following 14 conditions: 15 i. The MUP complies with all site development standards as 16 outlined in section 4.02.16 of the LDC; 17 ii. The MUP only includes permitted uses as outlined by the Table of 18 Uses for the subdistrict in which it is located;and 19 iii. The MUP does not seek additional density through the Bonus 20 Density Pool provisions of LDC section 10.02.15 C. 21 b. The Administrative Code shall establish the submittal requirements for 22 MUP administrative approval. Submittal Rcquircmonts: The application 23 shall follow the applicable submittal requirements and procedures for site 24 development plan submittal and review. 25 2. MUPs Requiring Public Hearing: 26 a. MUPs that do not meet the thresholds for administrative approval may be 27 approved by the Board of Zoning Appeals(BZA)through a public hearing 28 process. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendme t oor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 b. The Administrative Code shall establish the submittal requirements for 2 MUP requiring a public hearing for approval. Submittal Requirements: 3 The application shall follow the applicable submittal requirements and 4 procedures set forth in LDC section 10.08.00, for conditional use 5 submittal and review. -- ' •=- - :- .__:•-:-.•-- . - 6 7 In addition to the conditional use 8 findings as set forth in LDC section 10.08.00 D., the following shall be 9 considered: 10 i. Whether or not the requested use or uses are consistent with and 11 further the redevelopment goals and/or objectives of the Collier 12 County Community Redevelopment Agency (CRA) for the 13 subdistrict(s) in which it is located. In addition to the typical staff 14 analysis for land use petitions, the Collier County Planning 15 Commission(CCPC)may also be guided by written or verbal input 16 from CRA staff. 17 ii. Whether or not the proposed use or uses are appropriate in terms 18 of scale and/or size when considered in the context of the overall 19 MUP and subdistrict. 20 iii. Whether a requested deviation is (1)justified in that the subject 21 LDC provision is not practical,feasible, desirable, or warranted or 22 not practical, feasible, desirable, or (2) warranted to the same 23 degree as prescribed by the subject LDC provision, in the context 24 of the proposed mixed use project.The applicant shall provide an 25 analysis so the CCPC may consider the existing conditions related �� 26 to the need for the requested deviation or conversely, strict 27 adherence to the subject LDC provision, in terms feasibility and/or 28 need. 29 iv. Whether or not the deviation will or may have a negative impact 30 on public health,safety,and welfare. 31 c. There shall be a public hearing before the BZA legally noticed and 32 advertised pursuant to LDC section 10.03.0606.G. 33 d. After a Mixed Use Project has been approved by the BZA, the applicant 34 shall submit a site development plan (SDP) consistent with the 35 conceptual site plan approved by the BZA and meeting the requirements 36 of section 10.02.03 B.1. of the LDC. The SDP may be submitted 37 concurrent with the MUP application at the applicant's risk. 38 e. MUP approval shall expire and any residential density bonus units shall 39 be null and void and returned to the bonus density pool if any of the 40 following occur: 41 i. The SDP is not submitted and deemed sufficient for review within 42 one year and approved within two years of MUP approval. 43 ii. The SDP under review is deemed withdrawn and cancelled, 44 pursuant to LDC section 10.02.03.B.4.a. 45 iii. The SDP is considered no longer valid, pursuant to LDC section 46 10.02.03.B.4.b.and c. 47 f. An approved MUP may be amended subject to the same procedures 48 provided in this section. 49 B. MUP Deviations. 50 1. Authority. The County Manager or designee may grant administrative deviations 51 for proposed developments requesting, or which have obtained, MUP approval gio I:tAdmin Code 2012\Current WorkWdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added, Bold text indicates a defined term 1 through a public hearing process. Deviations to the following land development 2 standards may be granted, providing such deviation requests demonstrate 3 compliance with the applicable criteria. 4 2. List of Development Standards Eligible for Administrative Deviation Requests. 5 MUPs shall be eligible to seek an administrative deviation from the following LDC 6 provisions: 7 a. Front Setback. 8 i. These deviation requests shall be subject to the process and 9 procedures of LDC sections 01.05.08. F. 1. —24 and the submittal Comment[EL.5483]:F3 identified the 10 requirements established in the Administrative Code. Deviations submittal requirements and was moved to the 11 and Alternative Compliance, except that in order to be eligible for Administrative Code 12 an administrative deviation the site shall meet at least one of the 13 following conditions or circumstances: 14 a) If constructed where otherwise required, the building(s)or 15 structure(s) would conflict with regulatory standards for 16 existing public utilities or encroach into an associated 17 public utility easement, which cannot reasonably be 18 relocated or vacated based on physical or legal 19 restrictions,as applicable. 20 b) The property has a unique or challenging parcel shape or 21 boundary, such as a narrow lot frontage on the public 22 street. 23 ii. In order to administratively approve a front setback deviation, the 24 proposed design shall create a connective and walkable 25 environment by demonstrating a comparable relationship between 26 proposed alternative building(s) location(s) and their associated 27 pedestrian and vehicular pathways, and associated parking 28 facilities and transit alternatives. 29 b. Architectural and Site Design Standards. These deviation requests shall 30 be subject to the process and procedures of LDC sections X5.05.08. F. 1.— 31 2 and 5-, Deviations and Alternative Compliance process and the {Comment[ELS484]:see above 3 32 submittal requirements established in the Administrative Code. 33 c. Landscape and Buffer Requirements. The alternative plans requesting 34 approval for deviation from landscaping and buffer requirements shall be 35 subject to the process and procedures of LDC section$.05.08. F. 1.—312 (Comment[ELS485]:see above 36 and the submittal requirements established in the Administrative Code 37 for the Deviations and Alternative Compliance process. Further, the 38 applicant aad must additionally provide a minimum of 110 percent of the 39 open space requirement for mixed use projects in addition to other 40 conditions that the County Manager or designee deems necessary. 41 d. Parking Standards. These deviation requests shall be subject to the 42 process and procedures of LDC section 4.05.04. F.2. 43 3. In order to provide for maximum flexibility, an applicant may request a deviation 44 in addition to the administrative deviations specifically identified in LDC section 45 10.02 15 B.2 as part of a MUP Public Hearing process. Requests to deviate from 46 LDC provisions where compliance is not practical, feasible, desirable, or 47 warranted in a mixed use project shall include a written justification for any such 48 deviation. The review of these deviations shall be guided by the following 49 considerations: 50 a. Whether a requested deviation is (1) justified in that the subject LDC 51 provision is either not practical, feasible, desirable, or warranted or not I:\Admin Code 2012\Current Work\Admin Code LDC Amendme t for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 practical, feasible, desirable, or (2) warranted to the same degree as 2 prescribed by the subject LDC provision, in the context of the proposed 3 mixed use project. The application shall provide an analysis of existing 4 conditions and the impact of either the requested deviation or strict 5 adherence to the subject LDC provision, in terms feasibility and/or need. 6 b. Whether or not the deviation will or may have a negative impact on public 7 health,safety,and welfare. 8 4. Effect of Denial. Staff denial of any such requested deviation may be appealed 9 under the provisions of section 250-58 of the Collier County Code of Laws and 10 Ordinances. 11 C. Bonus Density Pool Allocation 12 Under the Collier County Future Land Use Element, bonus density units are available 13 for reallocation within the Bayshore/Gateway Triangle Redevelopment Overlay. The 14 County Manager or designee will track the Bonus Density Pool balance as the units are 15 used. These bonus density units may be allocated between the BMUD and GTMUD 16 overlays, and shall only be allocated through a public hearing approval process. 17 To qualify for up to 12 dwelling units per acre, projects shall comply with the following 18 criteria. This density of up to 12 dwelling units per acre is only applicable until the 19 bonus density pool has been depleted. 20 1. The project shall be within the Neighborhood Commercial (BMUD-NC), 21 Waterfront (BMUC-W), or Commercial Mixed Use (GTMUD-MXD) Subdistricts, 22 and shall be a mixed use project. 23 2. Base density shall be as per the underlying zoning district. The maximum 24 density of 12 units per acre shall be calculated based upon total project acreage. 25 The bonus density allocation is calculated by deducting the base density of the 26 underlying zoning classification from the 12 unit maximum being sought. The 27 difference in units per acre determines the bonus density allocation requested 28 for the project. 29 3. For proposed projects, only the Affordable Housing Density Bonus, as provided 30 in the Density Rating System, is allowed in addition to the eligible bonus density 31 units provided herein as the entire BMUD is within the Coastal High Hazard Area 32 (CHHA). 33 4. The project shall comply with the standards for mixed use development set forth 34 in LDC section 4.02.16 C.B. 35 5. For projects that do not comply with the requirements for this density increase, 36 their density is limited to that allowed by the Density Rating System and 37 applicable FLUE Policies. 38 # # # # # # # # # # # # # 39 Administrative Code/LDC Amendment Overview Admin Code Section Throughout Admin Code and Chapter 8 and Title: LDC Notice Section: .,.. N/A LDC Changes: 10.03.05 • Rewrote entire section,identifies the basic requirements for public notice. • Relocated 10.03.05 public notice details to new 10.023.06 Revised 6/6/13 CC 40 I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 10.03.05 Required Methods of Providing Public Notice Comment[C486]:This section outlines the or public basi cs f lie notice 3 4 5 This section shall establish the required methods of providing public notice. Chapter 8 of the 6 Administrative Code shall establish the public notice procedures for land use petitions. 7 8 A. Neighborhood Information Meetings(NIM)shall be held prior to the first public hearing 9 and noticed as follows: 10 1. Mailed Notice shall be sent prior to the NIM and shall be pursuant to LDC section 11 10.03.05 B. 12 2. Newspaper Advertisement prior to the NIM. 13 B. Mailed Notice. 14 1. Mailed Notice shall be sent to property owners in the notification area as follows: 15 a. For areas in the urban designated area of the future land use element of 16 the growth management plan notices shall be sent to all property owners 17 within 500 feet of the property lines of the subiect property. 18 b. For all other areas,notices shall be sent to all property owners within 19 1.000 feet of the property lines of the subiect property. 20 c. Notices shall also be sent to property owners and condominium and civic 21 associations whose members are impacted by the proposed land use 22 changes and who have formally requested the county to be notified.A list 23 of such organizations must be provided and maintained by the county, but 24 the applicant must bear the responsibility of insuring that all parties are 25 notified. 26 2. For the purposes of this requirement,the names and addresses of property 27 owners shall be deemed those appearing on the latest tax rolls of Collier County. 28 Unless required by F.S. 125.66(4).the mailed notice is a courtesy only and is 29 not jurisdictional.Accordingly,provided a good faith attempt for mailed notice is 30 made, the petitioner's failure to mail or to timely mail the notice or failure of an 31 affected property owner to receive mailed notice will not constitute a defect in 32 notice or bar the public,hearing as scheduled. rOmment[C487]:New language. 33 C. Newspaper Advertisement. 34 1. In accordance with F.S. 125.66. 35 D. Posting of Signage.Where required,signs shall be posted 15 days prior the first 36 advertised public hearing pursuant the Administrative Code. 37 A. Notice and public hearing where proposed amendment would not change zoning 40 applicable to a piece of property)but do affect the us- _ s, _ .. e, e- - •• -_ _ 44 Commissioners: 45 - - 46 47 48 49 -50 - - 51 15 days in advance of the public hearing. l:\Admin Code 2012\Current Work\Admin Code LDC Amendme t g for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2. The Board of County Commissioners shall hold at I act 1 advertised public 2 -- _ •- - __ •-- 3 -- - _-- _ - . • - - - - - - : 4 5 the ordinance or resolution if notice of intent to same is given at I act 10 days 6 7 county.A copy of such notice shall be kept available for public inspection during 8 9 Commissioners.The notice of proposed enactment shall state the date, time and 10 place of the meeting,the title of the proposed ordinance or resolution, and the 11 - - - _ 12 may be inspected by the public. The notice shall also advise that interested 13 14 15 B. Notice and public hearing where proposed amendment would change zoning 16 17 development(PUD)rezoning extensions,conditional use extensions and for small scale 18 or other site specific comprehensive plan amendments. In the case of a small scale or 19 other site specific comprehensive plan amendment,an application for extension of PUD 20 21 22 23 - - - - - - -- -- -24 the Board of County Commissioners as applicable. Small scale or other site specific 25 comprehensive plan amendments, PUD extensions, rezoning,conditional uses, 26 conditional use extensions and variance petitions initiated by the Board of County 27 Commissioners or its agencies for County owned land shall be subject to these 28 provisions. 29 1. Applications for a PUD extension and a conditional use extension,whether 30 initiated by the applicant or the BCC,shall only be heard by the BCC pursuant to 31 . . - - •.• .•- •. 32 11. of this Code. 33 2. In the case of PUD extensions pursuant to sections 10.02.13 D.1., 10.02.13 34 D.5.a.and 10.02.13 D.6.of this Code,and conditional use extensions, a sign 35 _-- 36 and shall conform to the applicable sign requirements listed below. 37 a. The sign advising of the PUD extension or conditional use extension 38 39 PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT(PUD) 40 and/or CONDITIONAL USE EXTENSION 41 TO PERMIT: (set forth alternatives going to the BCC) 42 DATE: ;daterule; 43 TIME: ;daterule; 44 b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, 45 COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER 46 BUILDING, 3301 E.TAMIAMI TRAIL,NAPLES, FLORIDA, 31112. 47 3. In the case of small scale or other site specific comprehensive plan 48 amendments, a sign must be posted at least 15 days prior to the date of both 49 .. 50 Commission. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added_ Text etrikethrough is current text to be deleted from LDC Bold text indicates a defined term 1 a. The sign advising of the comprehensive plan amendment h aring shall be 2 ._ 3 PUBLIC HEARING FOR SMALL SCALE OR OTHER SITE-SPECIFIC 4 AMENDMENT TO THE COMPREHENSIVE PLAN 5 TO PERMIT: (sufficiently cl ar to describe the 6 a nt) 7 DATE: ;datcrulc; 8 TIME: ;datcrulc; 9 b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, 10 COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER 11 BUILDING, 3301 E.TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. 12 4. For all other petitions noted in paragraph B. above,a sign shall be posted at I ast 13 15 days prior to the date of the public h aring by the Planning Commission. The 14 sign to be posted shall contain substantially the following language and the sign's 15 copy shall utilize the total area of the sign: 16 a. PUBLIC HEARING TO REZONE THIS PROPERTY: 17 FROM TO 18 TO PERMIT: 19 DATE: 20 TIME: 21 (or where applicable the following:) 22 b. PUBLIC HEARING REQUESTING CONDITIONAL USE(VARIANCE) 23 APPROVAL 24 25 TO PERMIT:(Sufficiently clear to describe the project) 26 DATE: 27 TIME: 28 e _ •_S . e - • .,/, ''29 ROOM,COLLIER COUNTY GOVERNMENT CENTER, HARMON 30 _ . • , •• .- .. 31 32 5. For all petitions,the ar a of the signs shall be as follows: 33 a. For properties le°s than 1 acre in size,the sign shall measure at least 1 34 and'/square feet in arcaa. 35 b. For properties 1 acre or more in size,the sign shall mgrasure at least 32 36 square feet in area. 37 - - - 38 size,a sign shall be erected by the County Manager or his designee in full view 39 of the public on each street side of the subject property.Where the property for 40 _ 41 ._. ._ 42 - '- -- - - - 43 generally the distance and direction to the subject property. 44 45 46 be erected in full view of the public on ash street upon which the subject 47 - s e -• .e-. - - •- •- - - - - - 48 49 - 50 notation indicating generally the distance and direction to the subject property. 51 There shall be at least 1 sign ones each external boundary which fronts upon a I:Wdmin Code 2012\Current WorkWdmin Code LDC Amendme 2 for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 3 4 5 6 7 8 9 10 _ -_ a -- s a. a a -a- _a -•ssioncrs or 2. The receipt of written 11 - - •' - - - - .. 12 13 8. For all petitions except for small scale or other site specific amendments to the 14 •- •- - ' 15 --_ _ - _ -- •• _ _ . - •' 16 __ ... . 17 18 9. For all petitions except for small scale or other site specific amendments to the 19 --• •- •• - - •- 20 21 __. - •' - 22 23 - 24 - - -- . 25 _ 26 27 - -- -- - -- - 28 10. For all petitions except for small scale or other site specific amendments to the 29 :... _. : _. : - - - • - •- - 30 -- 31 -• - - •- - -- . -- - _ 32 •' - - •-.. -- •.. -•• . 34 35 36 _�� .. ••- - - - - - _ , 37 38 - .•' -• - e - - •- ; - -40 41 - - 42 11. For all petitions except for small scale or other site specific amendments to the 43 44 45 -- _ •_ -_.• ••-• • , _ -' _. 46 48 - ..._.• _ - _.. - _ - - - 49 _ - 50 _ - _ _• . 51 - - - - -- I:\Admin Code 2012\Current WorkkAdmin Code LDC Amendme V os CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 hearing(s)on the proposed ordinance or resolution,as applicable, pursuant to 2 requirements of Chapter 163, Florida Statutes. 3 13. For all petitions except for small scale or other site specific amendments to the 4 --• _- _ .. .._ . - - 5 Board of County Commissioners shall be advertised in a newspaper of general 6 circulation in the county at least 1 time at least 15 days prior to the public 7 hearing. 8 9 property owner whose land is subject to rezoning, or PUD amendment, and 10 whose address is known by reference to the latest ad valorem tax records.The 11 notice shall state the substance of the proposed ordinance or resolution.Such 12 notice shall be given at least 15 days prior to the date set for the public hearing, 13 and a copy of such notices shall be kept available for public inspection during the 14 regular business hours of the clerk to the Board of County Commissioners. 15 15. For small scale and other site specific comprehensive plan amendments,the 16 Board of County Commissioners shall hold advertised public h aring(s)on the 17 proposed ordinance or resolution,as applicable,pursuant to requirements of 18 Chapter 163, Florida Statutes. 19 16. For all other petitions,the Board of County Commissioners shall hold 1 20 advertised public hearing on the proposed ordinance or resolution and may,upon 21 the conclusion of the h aring, immediately adopt the ordinance or resolution. 22 - -- •• '-*.e.. '_ - - 23 1. Purpose.The purpose of this section is to set forth the requirements for the 24 25 abandonment of DRIB. 26 2. Notice of Planning Commission H aring. 27 a. Signage.The signage requirements advertising Collier County Planning 28 Commission h arings shall be as set forth in subsections 10.03.05 B.3. 29 - -. •- 30 following-format: 31 PUBLIC HEARING REQUESTING DEVELOPMENT OF REGIONAL 32 IMPACT APPROVAUAMENDMENT OF A DRI DEVELOPMENT 33 ORDER/ABANDONMENT OF DRI STATUS(select applicable option) 34 TO PERMIT:(Sufficiently clear to describe the project) 35 DATE: 36 TIME: 37 TO BE HELD IN THE BCC MEETING ROOM,COLLIER COUNTY 38 -! • - • P, .• ,e . • _ _! 39 TAMIAMI TRAIL, NAPLES, FLORIDA,34112. 40 - - - • ee ! •- . -- e. - e ._ 41 the Collier County Planning Commission hearing shall be as set forth in 42 .. - _ ! !_ e • ! • Z.Z.,, - ' ! •- _.•. . -• -- 43 c. Newspaper advertisement.The requirements for the newspaper 44 advertisement of the Collier County Planning Commission hearing shall 45 be as set forth in subsection 10.03.05 B.7.of this Code. 46 - -- - •- -- - - - -. 47 48 49 may be. 50 4. Notice of BCC H aring. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendme t for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDG Bold text indicates a defined term 1 • '" 2 3 -- •- - - 6 as b, ..a d 7 5. BCC Hering.The BCC shall hold 1 advertised public h aring on the proposed 9 10 •- 11 •••-• _ !' •-• !- 12 13 6. Statutory Requirements.All statutory requirements as set forth in subsections 14 •s•.!= • - - =! !_ • -=' 15 - ._ _.. . _ - - -. 16 --17 C. Notice and public hearing where proposed amendment initiated by the Board of County 18 - - - - - -- - _ 19 20 21 •• - .. _a: - - --22 23 24 25 Commissioners. •.-- - - •• - •- - -- 26 1. The Planning Commission shall hold 1 advertised public hearing. Notice of the 27 a- 28 - 29 30 - •• -- - - •_ 31 32 33 - - - - .. 34 35 ---. _ •-_ - --. - '_ 36 - 37 - 38 39 40 - 41 a -- __ - - -- --- - e e - 42 43 .. - _ _. __ _ _ _ •- 44 -45 46 47 48 49 ._ - • - - -50 •- •- _ _ _ - - - - - 1:1Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 3. The Board of County Commissioners shall hold 1 advertised public hearing on 2 3 hearing, immediately adopt the ordinance or resolution. 4 E. Notice and public h aring requirements where proposed amendment initiated by the 5 6 _ . -• - - - -- __ 7 8 - e _ •- _ - - 9 10 - 11 12 . .. .. -- ... -.._. 13 14 -- - 15 - - 16 17 18 before the Planning Commission,then at I ast 1 of the required hearings shall be 19 held after 5:00 p.m.on a weekday,and in which case the first h aring shall be 20 -- " 21 •- _ - - - -- •-. 22 23 24 hearing. 25 -- - - -- -- -- - 26 •- 27 •- 28 29 ._ -- 30 31 32 33 34 - 35 per week.The advertisement shall be in the following form: 36 NOTICE OF ZONING CHANCE 37 38 shown in the map in this advertisement. 39 •- -- 40 place). 41 42 indicates the ar a covered by the proposed ordinance or resolution.The map 43 - ._ -- •- _ -- _ 44 • - 45 46 p.m.on a weekday, unless the Board of County Commissioners,by a majority 47 48 hearing shall be held at least 7 days after the day that the first advertisement-is 49 •- •- . . ' 50 1:1Admin Code 2012\Current WorldAdmin Code LDC Amendme 2 oar CCPC on 071813(071713)FINALdocx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 5. Thc required advertisements shall be no less than 2 columns wide by ten inches 2 - - 5 classified advertisements appear.Thc advertisement shall be placed in a 6 7 readership in the community pursuant to F.S.ch.50, not 1 of limited subject 8 matter. It is the legislative intent that,whenever possible,the advertisement shall 9 app or in a newspaper that is published at I act 5 days a week unless the only 10 - - •- 11 advertisement shall be in substantially the following form: 12 NOTICE OF(TYPE OF)CHANGE 13 The(name of local government unit)proposes to adopt the following by 14 ordinance or resolution. 15 A public hearing on the ordinance or resolution will be held on(date and time)at 16 (meeting place). 17 - - .- '- •- -- 18 prohibited uses within a zoning category, the advertisement shall contain a 19 geographic location map which clearly indicates the area within the local 20 government covered by the proposed ordinance or resolution.The map shall 21 include major street names as a means of identification of the general area. 22 6. In lieu of publishing the advertisement set out in this paragraph,the Board of 23 County Commissioners may mail a notice to ach person owning r al property 24 within the ar a covered by the ordinance or resolution. Such notice shall clearly 25 explain the proposed ordinance or resolution and shall notify the person of the 26 time, place, and location of both public h arings on the proposed ordinance or 27 resolution. 28 F. Public participation requirements for small scale or other site specific comprehensive 29 - --- , - - - -' • •"• , . . _ " - - _ - 30 (MUPs),variances and parking exemptions. 31 1. Applicants requesting a small scale or other site specific comprehensive plan 32 amendment, rezoning, PUD amendment, mixed use project approval or 33 conditional use approval must conduct at least 1 Neighborhood Information 34 35 been provided,or after notification of application sufficiency for a small scale or 36 37 Hearing with the Planning Commission or Board of County Commissioners acting•38 - -- _a_ - a - - A:a . . 39 a. For a small scale amendment,the NIM is required prior to the CCPC 40 adoption hearing. For other site specific comprehensive plan 41 amendments,the NIM is required prior to the Planning Commission 42 transmittal h aring.A second NIM for a site specific comprehensive plan 43 44 hearing,will only be required if,as determined by staff,a substantial 45 •- 46 Board of County Commissioners transmittal h aring. 47 b. In the case of a Mixed Use Project application,after initial staff review and 48 comment on the application have been provided,a NIM shall be 49 conducted prior to the first public hearing. 50 c. For all other applications,the appropriate number of staff reviews of the 51 application returned before the NIM can be held will be at the discretion of I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 •- 3 proposal to the public. 4 2. Written notice of the meeting shall be sent to all property owners who are 5 required to receive legal notification from the County pursuant to subsection 6 • • • - - -- -- - "' 7 8 9 10 - _ . - _ . . - - -• -- - . . . _..- - - 11 12 notification must be sent to all property owner ••• ,e e e •--_ -- a •- 13 - 14 _ - 15 16 •--- , 17 18 19 a. A list of such organizations must be provided and maintained by the 20 21 22 above, and the date,time, and location of the meeting, must be furnished 23 24 _. •• _ - - - -- - _. . ._ •- 25 • -- 26 b. The applicant must make arrangements for the location of the meeting. 27 •' ._ • -• _ . .. 28 29 size to accommodate expected attendance.The applicant must further 30 31 - - •- - - -- 32 _ .._. 33 .. _ .. ..__ 34 for which the zoning change is being requested.The advertisement is to 35 36 7 days prior to, but not later than 5 days before,the neighborhood 37 information meeting(NIM).The Collier County staff planner assigned to 38 attend the pre application meeting,or designee,must also attend the 39 - - - •--- - ._ - 40 ••-- _ 41 - 42 audio or video tape the proceedings of the meeting and to provide-a copy 43 44 c. As a result of mandated meetings with the public,any commitments made 45 . 46 47 __ •-- •- - - .. .._. - - 48 -at.- - _ - ' -ea -- . - --- - - --- _ • -- - 49 - 50 - - I:Wdmin Code 2012\Current Work\Admin Code LDC Amendme t o1 CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 2 3 - - .. • ._ - - 4 ..-- .-. 5 6 3. Any applicant requesting variance approval or parking exemption approval must 7 8 property owners within 150 feet of the subject site have been advised of the 9 - -• •- . - - - _ _ 10 of receipt of a letter indicating that the application is sufficient. 11 4. Where it has been determined that there is a property owner,functioning 12 - - - - - 13 14 Community Planning Coordinator indicating that such property--owner-or 15 - - "- - - - -- - •- 16 17 - _ - 18 a ._ -- - - - - - . - - 19 the scheduled date of the first advertised public h wring.The applicant must 20 21 written communications to the Community Planning Coordinator. 22 G. Notice and public hearing requirements where proposed resolution by the Board of 23 24 25 project(AAUP)under the provisions of a mixed use district overlay,with or without 26 requested allocation of bonus density units,where applicable,the mixed use project 27 - - - - - - - 28 - 29 - - '• - -- 30 31 32 ' 33 • -- _ - - •- _ 34 - 35 36 that an advertisement is public- _ - •- _-a- a _ •- - _- _ -. - _ 37 the County and of general interest and r adership in the community- 38 •-- _ . - - .aa - - . - • - -•ee --- 39 - 40 41 application and before the public hearing by the Planni 42 notice of the meeting shall be sent by the applicant to all property owners who 43 are required to receive legal notification from the County pursuant to sections 44 10.03.05 B.8.and 10.03.05 B.9.A Collier County staff planner, or designee must 45 46 - 47 property. 48 4. The applicant shall further cause a display advertisement, '/page, in type no 49 50 -- _ _ . .. -•• .._ - -- 51 - - - - - - - - I:\Admin Code 2012\Current WorkWdmin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 -_ 3 approval is bcing requested. 4 5. The applicant shall post the subject property with an outdoor sign at least 10 5 days prior to the date of the public hearing before the Planning Commission.The 6 7 8 a. PUBLIC HEARING REQUESTING APPROVAL OF A MIXED USE 9 PROJECT 10 TO PERMIT:(Name of Project)(Number of acres) 11 DATE: 12 TIME: 13 ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING 14 ROOM,COLLIER COUNTY GOVERNMENT CENTER,HARMON 15 TURNER BUILDING,3301 E.TAMIAMI TRAIL, NAPLES, FL 31112. 16 6. The area of the sign shall be as provided in section 10.03.05 B.3.d. of the Code. 17 7. Criteria for Mixed Use Project Approval. 18 19 developed in accordance with provisions of a mixed use overlay. 20 a. No less than 60 percent of all commercial uses within a mixed use project 21 shall provide retail,office and personal service uses to serve the needs of 22 the subject project and surrounding residential neighborhoods. 23 b. No more than 25 percent of the residential units within a mixed use 24 ' 25 concurrent with,or prior to the construction of commercial uces so as to - 26 27 c. Mixed use projects shall connect to local streets,adjoining neighborhoods 28 29 30 - 31 32 = = 33 transportation. 34 d. The commercial component of a mixed use project may be located 35 ' 36 ' 37 38 roadways. 39 c. Parking lots shall be dispersed throughout the project. No one parking lot 40 ' 41 42 _ 43 - 44 individual parcels less than 5 acres in size. 45 ' . . 46 devoted to useable open space, as defined in section 1.02.01B.of the 47 -=e' -- -"" d in the 2012 48 -. --•'-e _e-•••' 'o• '•e _•o - -• e _ _e- _ - --- ---. _ _ - - Bays oreLDCCa$mendmentte 49 -50 _ 51 - •- - -' - - 2 -_ -- - -- - - I:\Admin Code 2012\Current Work\Admin Code LDC Amendme t oar CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikcthrough is current text to be deleted from LDG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 2 •3 - -- _-_- -: _-- _ 4 _ -- _ • - - - - being d --- - --- - - -- - - _ _ _ _ _-__ _ __-_° __' __ _-_ _. _- Comment[C489]:This is being delete 5 :.:. _ ' .. ._. _a" ._ . _-. -" —a.-..' 'a _ -_ permanently.The first sentence is not necessary.The second sentence is referring to 6 Planning Commission shall filc its recommendations for either type of LDC amendments and this time frame is 7 amendment with the Board of County Commissioners within 45 days after the identified in the 10.02.09,the new LDC 8 :.: _ •-_ •: :- : - -_ . ..'.: _ - . a__. amendment section 9 10 _ -- - - -- - - " --- 11 12 Clearing, to respond to any contentions presented by any testimony or other 13 evidence presented during thc public h aring,and to respond to the staff report, 14 after receipt of which the h aring shall be concluded, unless the h aring is 15 - -- - - -" - - - -16 matters as thc Planning Commi-cion may direct. 17 I. Nature of requirements of Planning Commission report.When pertaining to the rezoning 18 19 _:.- _:•-•- :-- -:_' -: '. ! ! -_ -a -- •- _-•'•: -1 Comment[C490]:Incorrect citation 20 Commission has studied and considered the proposed change in relation to the 21 following,when applicable: 22 1. Whether the proposed change will be consistent with the goals,objectives, and 23 ---- 24 plan. 25 2. The existing land use pattern. 26 3. The possible creation of an isolated district unrelated to adjacent and n arby 27 districts. 28 '. Whether existing district boundaries arc illogically drawn in relation to existing 29 -- - - -- - - -- 30 5. Whether changed or changing conditions make the passage of thc proposed 31 _ _"• •- - 32 6. Whether the proposed change will adversely influence living conditions in the 33 neighbe eed. 34 7. Whether the proposed change will cr ate or exec-lively incr ace traffic 35 - - _ . . - • - -. - - - 36 uses, because of peak volumes or projected types of vehicular traffic, including 37 activity during construction phases of the development, or otherwise affect public 38 safety. 39 8. Whether the proposedc---a- -_ - _ a _ __- _ __ • . 40 9. Whether the proposed change will seriously reduce light and air to adjacent 41 areas. 42 43 adjacent ar a. 44 11. Whether the proposed change will be a deterrent to the improvement or 45 development of adjacent property in accordance with existing regulations. 46 12. Whether the proposed change will constitute a grant of special privilege to an 47 individual owner as contrasted with the public welfare. 48 - -- -- - - •" - . 49 accordance with existing zoning. 50 14. Whether the change suggested is out of scale with the needs of the 51 - -- •' - I.\Admin Code 2012\Current Work\Admin Code LDC Amendment for r CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Toxt ctrikothrough is curront text to be deleted from LDG Bold text indicates a defined term 1 15. Whether it is impossible to find other adcquatc sites in the county for the 2 3 16. The physical characteristics of the property and the degree of site alteration 4 " 5 potential uses under the proposed zoning classification. 6 7 - g 9 - • 10 18. Such other factors, standards, or criteria that the Board of County 11 •- 12 safety,and welfare. 13 14 15 16 •- _ _ - _ _ -_ -• _ - required adcquatc existing community 17 _ 18 19 20 21 petitioner;or 22 23 required community and public facilitie _ a - - a a _ 24 25 dedication;or 26 5. Other method acceptable to Board of County Commissioners. 27 e - 28 - 29 1. The need and justification for the change; 30 2. The relationship of the proposed amendment to the purposes and objectives of 31 -- _ 32 33 regulations and other County codes, regulations, and actions designed to 34 ' 35 L Restrictions, stipulations and safeguards.The Planning Commission may recommend 36 _ = 37 _ - 38 39 40 41 _ 42 - . _ _.• - ' 43 management-pan, 44 45 46 - 47 - 48 49 -.. 50 - 51 2 I:\Admin Code 2012\Current Work\Admin Code LDC Amendme?To5CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 area shall not exceed the density permissible under thc density rating system. 2 3 density of a zoning district to a density not to exceed the maximum density 4 permissible under the density rating system.The governing body may also 5 stipulate that thc development take place within a given period of time after which 6 time public hearings will be initiated and the district returned to the original 7 designation or such other district as determined appropriate by the governing 8 Comment[C491]:Incorrect citation 9 and 10.02.08 L.Any restrictions,stipulations and safeguards attached to an Comment[C492]:Incorrect citation 10 amendment or rezoning including those identified in section 10.02.08 H.may be Comment[C493]:Incorrect citation 12 appropriate and informative to the public. In cases where stipulations,restrictions 13 or safeguards are attached,all representations of the owner or his agents at 14 15 16 safeguards which arc a condition to the granting of the change in zoning district 17 chall be deemed contractual and may be enforced by suit for injunction or other 18 appropriate relief.All costs, including reasonable attorney's fees shall be 19 awarded to the governmental unit if it prevails in such suit. 20 2. Dedication of public facilities and development of prescribed amenities. 21 a. Public facility dedication.The Board of County Commissioners may,as a 22 condition of approval and adoption of the rezoning required that suitable 23 areas for streets, public rights of way,schools, parks,and other public 24 facilities be set aside, improved,and/or dedicated for public use.Where 25 impact fees arc levied for 1 or more such public facilities,the market 26 value of the land set aside for the public purpose shall be credited 27 towards impact fees to the extent authorized by the County's 28 Consolidated Impact FCC Ordinance. Said credit shall be based on a 29 negotiated amount not greater than the market value of the set aside land 30 prior to the rezoning action,as determined by an accredited appraiser 31 from a list approved by Collier County.Said appraisal shall be submitted 32 to the county attorney's office and the real property office within 00 days 33 of the date of approval of the rezone, or as otherwise extended in writing 34 by Collier County,co as to establish the amount of any impact fee credits 35 36 90 day time frame shall automatically authorize the county to determine 37 the market value of the property. Impact fee credits shall only be effective 38 after recordation of the conveyance document conveying the dedicated 39 property to Collier County.Where the term Collier County is used in this 40 section, it shall be construed to include the Collier County Water and 41 Sewer District or other agency or dependant district of Collier County 42 Government. 43 b. Land set aside and/or to be improved as committed as part of the 44 rezoning approval shall be deeded or dedicated to Collier County within 45 90 days of receipt of notification by the county that the property is needed 46 for certain pending public improvements or as otherwise approved by the 48 any case, however,the county shall take title to the set aside property, at 49 the latest, by a date certain established during, and condition on,the 50 approval of the rezoning action.At no cost to the county,the land set 51 aside and/or to be improved shall be made free and clear of all liens, I.\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2.53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2 3 .. 4 ' 5 _ 6 - 7 8 c. Should the dedication of land also include agreed upon improvements, 9 ._. 10 = -- 11 12 13 14 M. Status of Planning Commission report and rccommcndations.The report and 15 - 16 _. Comment[C444]. :Incorrect citation 17 N. Board of cCounty cCommiecioner_s: action on the Planning Commission report. 18 1. Upon receipt of the Planning Commission's report and rccommcndations,the 19 Board of County Commissioners shall hold a second public h aring with notice to 20 ._ 21 - 22 23 24 25 26 27 28 the Board of County Commissioners. 29 `. _ -= 30 __ _ •' 31 32 - 33 - 34 Commission for further study. 35 36 1. No change in the zoning classification of property shall be considered which 37 -- 38 39 . . .•40 -- s - - - ' s . ' _• , -- - - _ - 41 42 43 - •- -- - - a-- a - - - -' =' --- - - 44 affordable housing units. 45 2. Whenever the Board of County Commissioners has denied an application for tho 46 47 a. Consider any further application for the same rezoning of any part or all of 48 •- ' 49 a. - _ 50 I:\Admin Code 2012\Current Work\Admin Code LDC Amendme t o7CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LDC Bold text indicates a defined term 1 3. Except as otherwise provided within section 10.02.12 D.all zoning approvals for Comment[C495]:Incorrect citation 2 3 -- - - - - 4 ._ -- - - - •- - - - 5 During the fifth y ar after the date of thc zoning approval by thc Board of County 6 7 designee shall prepare a report on the status of thc rezoned property.The 8 purpose of the report will be to evaluate what procedural steps have been taken 9 to develop the property under its current zoning classification. 10 Should the County Manager or his designee determine that development has 11 _ -•- --- •- - - -12 - - - - - - - - -. 13 - -" - -- _- - -- -- "- 14 •-- -- •- 15 -- --- - - - - _ - - 16 Commissioners shall elect one of the following: 17 a. To extend the current zoning classification on the property for a maximum 18 period of 5 years; at the end of which time, the property shall again be 19 evaluated under the procedures as defined herein. 20 b. Direct the appropriate county staff to begin rezoning procedures for said 21 property.The existing zoning classification of the property shall remain in 22 effect until subsequent action by the board on the property. 23 In the case of developments of regional impact,time limit restrictions shall 24 be superseded by the phasing plan and/or time limits contained within the 25 26 development order in conformance with F.S. §380.06. 27 Q. Applications for rezones to a specific use.The applicant for any rezoning application 28 may,at his or her option, propose a specific use or ranges of uses permitted under the 29 - - "•30 such proposal, the development of the property which was the subject of the rezoning•31 .:: - a - _ - -- .a: - - - - e - _ = zee 32 addition to the approved use or range of uses shall require resubmi"^'of a rezoning 33 application for the subject property. 34 R. Waiver of time limits.The time limits of(NO)above may be waived by 3 affirmative votes 35 of the Board of County Commissioners when such action is deemed necessary to 36 _ _ - -- _ __- _ -- _ -_ __. Comment[C496]:Relocated to LDC section•37 - _ a_-- ,__._.- '..__'...---—•"-- _--- - - := =-__--_--_-----___ ■ --_---- 10.02.08-the rezoning section. 38 39 commenced ac cpocifiod in coction 10.02.03 of thic Codo. If no dovolopmont, i.o., actual 40 scnctrucction, hac ccmmoneod within 3 yoarc, moacurod from tho dato of such cito 41 = ==s = == --'- _ - - o = __ = Text underlined is new text to be added. Bold text indicates a defined term 1 2 information to continue processing or otherwicc actively purcuc the rezoning,•3 - - a a - -- - _ ' --_ -.._- ' - 4 5 6 - 7 " - - - - a - - . --• -- ---- - ' - • - - - - 8 _ -- •9 - - -- - - " . - •- - - - -- • _ .. _ : •- •-- 10 current code. 11 12 13 Section of this Code. Comment[C498]:Relocated to LDC section 14 # # # # # # # # # # # # # 10.02.08-the rezoning section. 15 Administrative Code!LDC Amendment Overview Admin Code Section Throughout Admin Code and Chapter 8 and Title: LDC Notice Section: N/A LDC Changes: 10.03.06 • New section that identifies the specific requirements for public notice for each land use petition type. • Relocated 10.03.05 public notice details to new 10.023.06. Revised: 6/6/13 CC 16 17 10.03.06 i-Public Notice and Required Hearings for Land Use Petitions[new section] Comment[C499]:This section has been 18 This section shall establish the requirements for public hearings and public notices. Chapter 8 of completely rewritten and reorganized from the 19 the Administrative Code shall establish the public notice procedures for land use petitions. prior 10.03.05 20 21 A. Ordinance or resolution that(1)is initiated by County which does not change the zoning 22 atlas or actual list of uses in a zoning category but does affect the use of land, including, 23 but not limited to, land development code regulations as defined in F.S.$163.3202, 24 regardless of the percentage of the land affected or(2)is initiated by a private entity 25 which may change the zoning atlas or actual list of uses in a zoning category and does 26 affect the use of land, including but not limited to land development code regulations as 27 defined in F.S.$163.3202, regardless of the percentage of the land affected.This is 28 commonly referred to as an LDC amendment. 29 1. The following advertised public hearings are required: 30 a. One Planning Commission hearing. 31 b. One BCC hearing. 32 2. The following notice procedures are required: 33 a. Newspaper Advertisement prior to the Planning Commission hearing. 34 b. Newspaper Advertisement prior to the BCC hearing in accordance with 35 F.S. 125.66 and LDC section 10.03.05 C.3. 36 B. Ordinance or resolution for a rezoning,a conditional use,or PUD amendment: 37 1. The following advertised public hearings are required: 38 a. One Planning Commission hearing. 39 b. One BCC hearing. 40 2. The following notice procedures are required: 41 a. A NIM. See LDC section 10.03.05 A. l:1Admin Code 20121Current Work Admin Code LDC Amendme t rr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Text ctrikothrough is current tcxt to bo deleted from LDC Bold text indicates a defined term 1 b. Mailed Notice prior to Planning Commission hearing. 2 c. Newspaper Advertisement prior to the Planning Commission hearing, 3 including a project location map. 4 d. Newspaper Advertisement prior to the BCC hearing. 5 e. Posting of a sign prior to Planning Commission hearing. 6 f. The County shall notify by mail each owner within the area covered by the 7 ordinance or resolution of the time, place,and location of the public 8 hearing before the BCC,with the exception for conditional uses. 9 C. Ordinance or resolution for a PUD extension,conditional use extension,or conditional 10 use re-review: 11 1. The following advertised public hearings are required: 12 a. One BZA hearing. 13 2. The following notice procedures are required: 14 a. Mailed Notice prior to the BCC hearing. 15 b. Newspaper Advertisement prior to the BCC hearing. 16 c. Posting of a sign. Signage is not required for a conditional use re- 17 review. 18 D. Ordinance or resolution for comprehensive plan amendments: 19 1. The following advertised public hearings are required: 20 a. One or more Planning Commission hearings pursuant to F.S. Chapter 21 163. 22 b. One or more BCC hearings pursuant to F.S.Chapter 163. 23 2. The following notice procedures are required: 24 a. Small scale amendments: 25 i. A NIM,which shall be held after the first set of staff review 26 comments have been issued and prior to the Planning 27 Commission hearing. 28 ii. Mailed Notice prior to the advertised Planning Commission 29 hearing. 30 iii. Newspaper Advertisement prior to each advertised public hearing. 31 iv. Posting of a sign prior to the advertised Planning Commission 32 hearing. 33 v. Mailed Notice, if required,shall be sent to each real property 34 owners within the area covered by the proposed plan amendment 35 prior to the advertised BCC public hearing. 36 b. Regular scale amendments: 37 i. A NIM,which shall be held after the first set of staff review 38 comments have been issued and before the Planning Commission 39 adoption hearing. 40 ii. Mailed Notice prior to the advertised Planning Commission 41 hearing. 42 iii. Newspaper Advertisement prior to each advertised public hearing. 43 iv. Posting of a sign prior to the advertised Planning Commission 44 hearingi rcomment[C500]:Do we need to differentiate 45 v. Mailed Notice, if required,shall be sent to each real property [transmittal and adoption hearings? 46 owners within the area covered by the proposed plan amendment 47 prior to the advertised BCC public hearing. 48 E. Ordinance or resolution for a variance or a sign variance: 49 1. The following advertised public hearings are required: 50 a. One Planning Commission hearing. 51 b. One BZA hearing { I:\Admin Code 2012\Current Work\Admin Code LDC Amendmemoor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2. The following notice procedures are required: 2 a. Mailed Notice shall be sent to property owners within 150 feet of the area 3 covered by the ordinance or resolution prior to the Planning Commission 4 hearing. 5 b. Newspaper Advertisement prior to the Planning Commission hearing. 6 c. Newspaper Advertisement prior to the BZA hearing. 7 d. Posting of a sign prior to Planning Commission hearing. 8 F. Ordinance or resolution for a parking exemption, pursuant to LDC section 4.05.02: 9 1. The following advertised public hearing is required: 10 a. One BZA hearing. 11 2. The following notice procedures are required: 12 a. A NIM. See LDC section 10.03.05 A. 13 b. Mailed Notice shall be sent to property owners within 150 feet of the 14 subiect site prior to the Planning Commission hearing. 15 c. Newspaper Advertisement prior to the BZA hearing. 16 G. Ordinance or resolution for a PUD Insubstantial Change(PDI)or Boat Dock Facility 17 Extension: 18 1. The following advertised public hearings are required: 19 a. One Planning Commission hearing. 20 2. The following notice procedures are required: 21 a. Mailed Notice prior to the Planning Commission hearing. 22 b. Newspaper Advertisement prior to the Planning Commission hearing. 23 c. Posting of a sign prior to Planning Commission hearing. 24 H. Ordinance or resolution for the establishment, amendment to or abandonment of a 25 Development of Regional Impact(DRI): 26 1. The following advertised public hearings are required: 27 a. One Planning Commission hearing. 28 b. One BCC hearing. 29 2. The following notice procedures are required: 30 a. In accordance with F.S.§380.06 and the Florida Administrative Code. 31 I. Ordinance or resolution that is initiated by the BCC and will change the zoning map 32 designation of less than 10 contiguous acres of land.This is commonly referred to as an 33 LDC amendment: 34 1. The following advertised public hearings are required: 35 a. One Planning Commission hearing. 36 b. One BCC hearing. 37 2. The following notice procedures are required: 38 a. Mailed Notice prior to the Planning Commission. 39 b. Newspaper Advertisement prior to the Planning Commission hearing. 40 c. Newspaper Advertisement prior to the BCC hearing. 41 d. Posting of a sign prior to the Planning Commission hearing. 42 e. The County shall notify by mail each owner within the area covered by the 43 ordinance or resolution of the time, place, and location of the public 44 hearings before the BCC. 45 J. Ordinance or resolution that is initiated by the BCC and will change the zoning map 46 designation of more than 10 contiguous acres of land or more or an ordinance or 47 resolution that will change the actual list of permitted, conditional,or prohibited uses of 48 land within a zoning category.This is commonly referred to as an LDC amendment: 49 1. The following advertised public hearings are required: 50 a. At least one Planning Commission hearing.The Planning Commission 51 may elect by a maiority decision to hear such ordinance or resolution at 2 I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 public hearings. If there is only 1 Planning Commission hearing,the 2 hearing shall be held after 5:00 p.m. on a weekday,and if there are 2 3 Planning Commission hearings,then at least 1 of the hearings shall be 4 held after 5:00 p.m.on a weekday. 5 b. At least two BCC hearings.At least 1 hearing shall be held after 5:00 p.m. 6 on a weekday,unless the BCC by a maiority vote plus one vote elects to 7 conduct that hearing at another time of day. 8 2. The following notice procedures are required: 9 a. Newspaper Advertisement prior to Planning Commission hearing. 10 i The first Planning Commission hearing shall be held 11 approximately 7 days after the day that the first advertisement is 12 published.The second hearing will be held approximately 2 weeks 13 after the first hearing and shall be advertised approximately 5 14 days prior to the public hearing.The day,time and place of a 15 second public hearing shall be announced at the first public 16 hearing. 17 b. Newspaper Advertisement prior to the BCC hearings in accordance with 18 F.S&125.66(4)and LDC section 10.03.05 C, including a proiect location 19 map. 20 i. In lieu of the newspaper advertisement,the BCC may mail a 21 written notice to property owners within the area covered by the 22 ordinance or resolution.The notice shall include the time,place 23 and location of both the public hearings before the BCC. 24 ii. The first BCC hearing shall be held at least 7 days after the first 25 advertisement is published.The second hearing shall be held at 26 least 10 days after the first hearing and shall be advertised at least 27 5 days prior to the public hearing. 28 IK. Ordinance or resolution for a Stewardship Sending Area(SSA)and SSA amendments: LComment[C501]:New language I 29 1. The following advertised public hearings are required: 30 a. One BCC hearing. 31 2. The following notice procedures are required: 32 a. Newspaper Advertisement prior to the BCC hearing pursuant to LDC 33 section 4.08.06 E.1, including a project location map. 34 IL. Ordinance or resolution for a Stewardship Receiving Area(SRA)and SRA amendments: (Comment[C502]:New language 35 1. The following advertised public hearings are required,except for minor 36 amendments per LDC section 4.08.07: 37 a. One EAC hearing, if required,pursuant to LDC section 4.08.07 F. 38 b. One Planning Commission hearing pursuant to LDC section 4.08.07. 39 c. One BCC hearing pursuant to LDC section 4.08.07. 40 2. The following notice procedures are required: 41 la. An optional NIM. See LDC section 10.03.05 Aj Comment[C503]:New language.GLOBAL 42 b. Newspaper Advertisement prior to the Planning Commission hearing CHANGE 43 pursuant to LDC section 4.08.06 F, including a project location map. 44 c. Newspaper Advertisement prior to the BCC hearing pursuant to LDC 45 section 4.08.06 F, including a project location map. 46 M. Ordinance or resolution for a mixed use project(MUP)located in the mixed use district 47 overlay which seeks to utilize the Bonus Density Pool or request deviations exceeding 48 administrative approval, pursuant to LDC section 10.02.15: 49 1. The following advertised public hearings are required: 50 a. One Planning Commission hearing. 51 b. One BCC hearing. I:\Admin Code 2012\Current Work\Admin Code LDC Amendment Tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 2. The following notice procedures are required. 2 a. A NIM. See LDC section 10.03.05 A. 3 b. Mailed Notice prior to the Planning Commission hearing. 4 c. Newspaper Advertisement prior to the Planning Commission hearing. 5 d. Newspaper Advertisement prior to the BCC hearing, including a project 6 location map. 7 e. Posting of a sign prior to the Planning Commission hearing. 8 N. Affirmation or approval of a Zoning Verification Letter that allows a new use within a r Comment[C504] New language 9 PUD. 10 1. The following advertised public hearings are required: 11 a. One BCC hearing. 12 2. The following notice procedures are required: 13 a. Newspaper Advertisement prior to BCC hearing in accordance with F.S. 14 §125.66 and LDC section 10.03.05 C. 15 O. Official Interpretations,pursuant to LDC section 1.06.00. 16 1. The following notice procedures are required for the interpretation of county wide 17 application of the GMP, LDC and building code: 18 a. Newspaper Advertisement. 19 2. The following notice procedures are required for the interpretation affecting a 20 specific parcel of land. 21 a. Notification of affected property owner. If an official interpretation has 22 been requested by an affected party other than the property owner,the 23 county shall notify the property owner that an official interpretation has 24 been requested. 25 b. Mailed Notice shall be sent to property owners within 300 feet of the 26 property lines of the land for which the interpretation is requested. 27 c. Newspaper Advertisement. 28 P. Administrative Appeal, pursuant to LDC section 1.06.00. Comment[C505] New language,derived 29 1. The following advertised public hearings are required: 1 from Official Interpretation section 30 a. One BZA hearing. 31 2. The following notice procedures are required: 32 a. Newspaper Advertisement prior to BZA in accordance with F.S.§ 125.66. 33 b. Mailed Notice shall be sent to property owners within 300 feet of the 34 property lines''of the land for which the appeal is requested. No Mailed Comment[C5061:Used the 300 ft limit as this 35 Notice is required for an Administrative Appeal for an Official is what is defined as an aggrieved person. 36 Interpretation. 37 Q. Post Take Plan, pursuant to LDC section 9.03.07 D. 38 1. The following advertised public hearings are required: 39 a. If a written obiection is received,one Planning Commission hearing. 40 2. The following notice procedures are required: 41 b. Mailed Notice.Additional Mailed Notice details are established in 9.03.07 42 D.3.b. 43 R. Minor Change to a PUD to remove affordable housing contributions, pursuant to LDC 44 section 10.02.13 E.3.c 45 1. The following advertised public hearings are required: 46 a. If a written objection is received, one BCC hearing. 47 2. The following notice procedures are required: 48 b. Mailed Notice. 49 S. Automobile Service Station Waiver pursuant to 5.05.05 and Alcohol Beverage Distance 50 Waiver pursuant to 5.05.01. 51 1. The following advertised public hearings are required: I:Wdmin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. One BZA hearing. 2 2. The following notice procedures are required: 3 b. Newspaper Advertisement prior to the BZA hearing. 4 # # # # # # # # # # # # # 5 Administrative Code Reference Admin Code Ch.3 B.(1-3)Conditional Uses-Permit, Extension, Re-Review Chapter/Section: LDC Notice 10.03.06 B Section LDC Notes: 10.08.00: • Application Contents moved to the Admin Code • Reorganized section for order of work/review • Added language to clarify the findings of the BZA are the same as the CCPC. Revision: 6/7/13 CC 6 7 10.08.00 Conditional Use Procedures 8 A. General.A conditional use is a use that would not be appropriate generally or without 9 restriction throughout a particular zoning district or classification,but which, if controlled 10 as to number,area, location,or relation to the neighborhood,would promote the public 11 health,safety,welfare,morals,order,comfort,convenience, appearance,or the general 12 welfare. Such uses may be permissible in a zoning district as a conditional use if 13 specific provision for such conditional use is made in the LDC.this Zoning Codc.All 14 petitions for conditional uses shall be considered first by the Planning Commission in 15 the manner herein set out. Decisions regarding conditional uses shall be quasijudicial 16 in nature. 17 B. Applicability. Conditional use approval is required before the construction or 18 establishment of a conditional use. 19 C. Application.The Administrative Code shall establish the submittal requirements for a [comment[cso7]:In place of 10.08.00 B 1 20 conditional use application. 21 1. Conditional use application processing timt .An application for a conditional [—Comment[C508]:From former K 22 use will be considered"open,"when the determination of"sufficiency"has been 23 made and the application is assigned a petition processing number.An 24 application for a conditional use will be considered"closed"when the petitioner 25 withdraws the subiect application through written notice or ceases to supply 26 necessary information to continue processing or otherwise actively pursue the 27 conditional use,for a period of 6 months.An application deemed"closed"will 28 not receive further processing and shall be withdrawn and an application"closed" 29 through inactivity shall be deemed withdrawn. The Planning and Zoning 30 Department will notify the applicant of closure by certified mail, return receipt 31 requested; however,failure to notify by the County shall not eliminate the 32 "closed"status of a petition.An application deemed"closed"may be re-opened 33 by submitting a new application, repayment of all application fees and granting of 34 a determination of"sufficiency."Further review of the request will be subject to 35 the then current LDC. 36 B. Written petition.A written petition for conditional use shall be submitted to the County 37 38 conditional use is sought and stating the grounds upon which it is requested,with 39 I:1Admin Code 20121Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 .. .. 2 - - 3 - 4 5 - 6 following,where applicable: 7 8 9 10 11 . 12 -under section 10.02.03,as applicable. 13 2. Plans showing proposed locations for utilities. 14 15 character. •16 • -- - - "" - - - -- _-- - - 17 5. Proposed signs and lighting,including type,dimensions,and character. 18 19 20 ' 21 22 - - - - 23 24 25 _ 26 - 27 - - - - 28 29 - 30 10.02.08 and this section. Comment[C509] Moved to the Admin Code j 31 C. Notice and public h aring. Notice and public hearing by the Planning Commission and -— 32 33 _ - 34 - e- -- '••- ' Comment C51 Provided in new Notice 35 _• - _o••••' 'e a E e_ e a s- _ - � 0 section 10 03.06 36 •• •- -. - -- ! .!_ [Comment[C511]:As noted in 10 08.00 A 37 D. Findings. -- : - _• -:-:":-. . - e- __,...._ _ _ ___ e,- _ ._ __ -quasijud quasi-judicial_. _ .. above ci process -- -- 38 of Zoning Appeals,Tthe Planning Commission shall make a recommendation of Comment[cslz] This reference is not 39 approval, approval with conditions,or denial of the conditional use to the Board of applicable. 40 Zoning Appeals.The Planning Commission's recommendation of approval or approval 41 with 42 affect the conditions shall interest that the granting of the conditional use will not adversely {comment[C513]:New language p est and that the gny specific requirements governing the individual 43 pertaining to the conditional use,if any, have been met by the petitioner.and that, 44 #Further,that satisfactory provision and arrangement has been made concerning for the 45 following matters,where applicable: 46 1. Consistency with the LDC this Code and growth management plan. 47 2. Ingress and egress to property and proposed structures thereon with particular 48 reference to automotive and pedestrian safety and convenience,traffic flow and 49 control,and access in case of fire or catastrophe. 50 3. The effect the conditional use would have on neighboring properties in relation 51 to noise,glare,economic or odor effects. I:\Admin Code 20121Current WorkWdmin Code LDC Amendme t sr CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 4. Compatibility with adjacent properties and other property in the district. 2 E. Planning Commission actions.Conditions and safoguards. 3 1. Conditions and safeguards.In recommending approval of any conditional use, 4 the Planning Commission may also recommend appropriate conditions and 5 safeguards in conformity with the LDC.this Zoning Codc.Violation of such 6 conditions and safeguards,which are made a part of the terms under which the 7 conditional use is granted,shall be deemed a violation of the LDC.this Zoning 8 G949, 9 2. Denial by the Planning Commission. If the Planning Commission shall rcomment[C514]:From previous 10.08.00 F 10 recommend denial of a conditional use, it shall state fully in its record its reason ------- ------- 11 for doing so. Such reasons shall take into account the factors stated in section 12 10.08.00 D.above or those factors that may be applicable to the action of denial Comment[C51.5]:change in language from 13 and the particular regulations relating to the specific conditional use requested, SUCh of them as may be applicable' 14 if any. _ 15 3. Status of Planning Commission report and recommendations.The report and (Comment[C516]:From previous 10.08.00 Gi 16 recommendations of the Planning Commission required above shall be advisory 17 only and shall not be binding upon the Board of Zoning Appeals. 18 F. Consideration by the Board of Zoning Appeals. Upon receipt of the Planning (Comment[C517]:From previous 10.08.00 H 1 19 Commission's report and recommendations,the Board of Zoning Appeals shall snake a 20 finding that the granting of the conditional use will not adversely affect the public and 21 any specific requirements pertaining to the conditional use have been met by the 22 petitioner. Further,that satisfactory provision and arrangement has been made for the 23 matters identified in LDC section 10.08.00 D were applicable. • 24 1. The Board of Zoning Appeals shall lapprove,by resolution, or deny a petition for a [C518]:New language.To be 25 conditional use.The approval of a conditional use petition shall require 4 consistent with the same findings as the CCPC 26 affirmative votes of the Board of Zoning Appeals. 27 2. If the Board of Zoning Appeals denies the conditional use, it shall state fully in 28 its record its reason for doing so.Such reasons shall take into account the 29 factors stated in section 10.08.00 D.above for those factors that may be Comment[C519]:Change in language from 30 applicable to the action of denial and the particular regulations relating to the "such of them as may be applicable" 31 specific conditional use requested, if any. 32 G. Expiration and re-review. comment[C520]:Updated with ord.2012-38 33 1. Aay conditional use shall expire 5 years from the date of approval,of grant, if by amendments 34 that date the use for which the conditional use was granted has not been 35 commenced. 36 2. Ally conditional use shall expire 1 year following the discontinuance of the use 37 for which the conditional use was granted unless the site was improved and/or 38 structures built for the specific uses approved by a conditional use and which 39 cannot be converted to a use permitted by the underlying zoning designation of 40 the site. 41 3. The Board of Zoning Appeals may grant one 2-year extension of an approved 42 conditional use upon written request of the petitioner. 43 4. If a conditional use permit is approved with stipulations or conditions, a re- 44 review of the permit,stipulations, or conditions shall take place in accordance 45 with the resolution approving the conditional use permit or by request of the 46 applicant. Comment[C521]: New language. 47 H. Public facility dedication. 48 1.1. Public facility dedication.The Board of County Commissioners may,as a 49 condition of approval of the conditional use, require that suitable areas for 50 streets, public rights-of-way,schools,parks,and other public facilities be set 51 aside, improved,and/or dedicated for public use.Where impact fees are levied I:Wdmin Code 2012\Current WorkfAdmin Code LDC Amendment tor CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 for certain public facilities,the market value of the land set aside for the public 2 purpose shall be credited towards impact fees.Said credit shall be based on a 3 negotiated amount no greater than the market value of the set aside land prior to 4 the approval of the conditional use,as determined by an accredited appraiser 5 from a list approved by Collier County.Said appraisal shall be submitted to the 6 County Attorney's Office and the real property office within 90 days of the date of 7 approval of the conditional use,or as otherwise extended in writing by Collier 8 County,so as to establish the amount of any impact fee credits resulting from 9 said dedication. Failure to provide said appraisal within this time frame shall 10 authorize the County to determine the market value of the property. Impact fee 11 credits shall only be effective after recordation of the document conveying the 12 dedicated property to Collier County.Where the term Collier County is used in 13 this section, it shall be construed to include the Collier County Water and Sewer 14 District or other agency or dependent district of Collier County Government. 15 2. Land set aside and/or to be improved as committed as part of the conditional 16 use approval shall be deeded or dedicated to Collier County within 90 days of 17 receipt of notification by the county that the property is needed for certain 18 pending public improvements or as otherwise approved by the Board of County 19 Commissioners during the conditional use process. In any case, however,the 20 County shall take title to set aside property, at the latest, by a date certain 21 established during,and conditioned on,the approval of the conditional use. 22 3. The land set aside and/or to be improved shall be made free and clear of all 23 liens,encumbrances and improvements,at the developer's sole expense,except 24 as otherwise approved by the Board. Failure to complete the dedication within 25 the appropriate time frame noted above may result in a recommendation to the 26 Board of reconsideration of approved conditional use and may result in a 27 violation of the LDC this Code pursuant to section 8.08.00. 28 4. Should said dedication of land also include agreed upon improvements, said 29 improvements shall be completed and accepted by the Collier County Board of 30 Commissioners at the development phase which has infrastructure 31 improvements available to the parcel of land upon which said improvements are 32 to be made, or at a specified time provided for within the resolution approving the 33 conditional use. 34 H - .. 35 36 37 38 requested, if any. 39 - 40 41 .-e ..... : - -- -- _-- e - - 42 - 43 44 approve,by resolution, or deny a petition for a-conditioaa 45 e-e _- - -• _• e. - - e - - Comment[C522]:Moved to E above. j 46 I. Conditional uses for school or religious purposes.A use which has been approved as 47 part of a preliminary subdivision plat(formerly subdivision master plan)or a planned 48 unit development for schools, religious or eleemosynary uses shall be exempt from the 49 provisions of this section.Such uses must comply with the provisions of section 50 10.02.03,site development plan approval,as applicable, and all other zoning 51 requirements. I:Wdmin Code 2012\Current Work\Admin Code LDC Amendme t or CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 J. Changes and amendments.The County Manager or-Ns designee may approve minor 2 changes in the location,siting, or height of buildings,structures,and improvements 3 authorized by the conditional use.Additional uses or expansion of permitted uses not 4 shown on the conceptual site development plan or otherwise specifically provided for in 5 the conditional use application shall require the submission, review and approval of a 6 new conditional use application. 8 :" _e. :" ": ":: .", - __ _ _ •- (Application Moved above under • -- ...". Comment[C523]:M 9 10 use will be considered"closed"when the petitioner withdraws the subject application 11 12 = 13 -.. 14 •" 15 - 16 17 _ 18 application-repayment of all application fees and granting of a determination-ef 19 "sufficiency". Further review of the request will be subject to the then current code. 20 1. Applicability.All applications for conditional use whether submitted before or after 21 June 26,2003,shall comply with the processing time procedures set forth in 22 section 10.08.00 K.above. 23 1. Conditional uses for school or religious purposes.A use which has been approved as 24 25 development for schools,religious or eleemosynary uses shall be exempt from the 26 provisions of this section. Such uses must comply with the provisions of section 27 -e 28 requirements.: Comment[C524]:Removed.Duplicative of 29 # # # # # # # # # # # # # section 10 08 00 H above I:\Admin Code 2012\Current Work\Admin Code LDC Amendment for CCPC on 071813(071713)FINAL.docx 7/17/2013 2:53 PM Text underlined is new text to be added. Bold text indicates a defined term 1 DIVISION 2. -ADMINISTRATIVE CODE 2 3 4 •-_s _- _:- - -- • -- - - 5 • 6 -: • :_ _ _ _ _ _ _ _ _ _-_-_ - - _ ' _• 8 : - 9 (Ord. No. 2001 66, S 2) 10 12 •:_ - -____.._ :_ : - : _- 1 3 _ _-: •:- --- 16 (Ord. No.2001 66,3 2) 17 oc 2 12. For ..oc ndminictratiy r d 18 : -:=.`-= - •:--•-•_. = : _ =_<: - _ - _ -- - 19 of r„rth i 20 21 ;D INISTOnTIVE CODE 22 = _e_• —'.._._. e—_ _ —__1!"" _-_•• _ CATS CODE nn In46:61 CODE cr=CTION HEA.DI lC; ADOPTED. PUR1;20CC F.GGi]C• ('OLICY.'IPROCEDURE5 {Ragott]AC X X:Y 23 _ ____ 24 ._.,, _ _• " _ 25 26 ___: _ : :__:_ : _ • , : --- -- _ - - , _ _ _•27 =:_-: - _ = _ ==__ - _°- ==_ _ :- -°_ :__ _:__ _ - - _, 29 - - - _> : _ - - -- 30 - : - - - : c - 31 -- -- : - : - : I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined tens 3 5 :_ __ - - :: : = 7 = _ : : _ _ _ __` _- _- - : -__ - 8 9 10 12 =_ _-_ : _ =_-___ _--__ : _ - _ : -__ _ —_- _--__ _- — 2 _: _c 13 -- •- - : - ----- - --- -- ---- - _ 14 :: - __ :-: __ 15 = -! :-- _ _'_ - =: _-_-------_-- ____" _ __ __ - _ -c= _t_ 16 : _ _ - - = __-::. : : - = - 17 : : :: -_ : = - 18 : ._-._-.__._-..:-- : : _::- -- -° ---: _- --:-:---_-:-__---: __=__-_° -: 19 20 -_ - :--- -=-__--- _ : : _ _ __ _ _ - : _ — =__=_ =_ _ _ ___ - 21 - -=_ 22 .. - �' _ "• _ - -- -- - -- - -- - - 24 26 27 {Comment[C1]:Repeal 30 Design requirements for subdivisions. 31 A. The design of the required improvements for all subdivisions and developments pursuant to comment[Cu]:Relocated to LDC section 32 •_ _ : -• -- --- _ :_ 4.03.01 Generally 33 34 35 engineer and arc not intended to deprive the engineer of their responsibility for the technical 36 adequacy of his design or freedom to use his engineering judgment and discretion in the 37 practice of his profession. 38 13. Design data,such as calculations or analyses,must be submitted along with the subdivision Comment[els3]:Relocated to LDC section 39 and development improvement plans covering important features affecting design or •4.03.01 Generally 40 construction prior to the issuance of any required county development orders, permits or 41 42 water elevations, utility hydraulic and drainage calculations, cubsurface coil data, alternate 43 pavement and cub grade types and centerline elevations when the minimum standards of 44 Florida Department of Transportation or the American Association of State Highway and 45 46 C. The design of all required improvements must be equivalent to the county design 47 48 following. 49 1. Access.Access to lots within a subdivision shall be designed to accomplish access to 50 the lots by use of local streets. Access to residential lots must be in accordance with 2 I:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 1 Code of Laws chapter 110, article II, construction standards handbook for work within 2 3 a. Intermittent access points to marginal access roads must be a minimum of 660 feet 4 5 - - - - - •• _ _ - 7 street, they must front on the local street, which will provide access to said lot. 8 Access to thc lot will not be provided by m ans of thc major collector or arterial 9 -- . - - _. - •- _ --10 11 12 applicable. Where access locations are not consistent with the county's access 13 - 14 identify capacity impacts . -_. __ . - --"s- _ 15 b. In the case of commercial or industrial subdivisions which contain or include 16 .. - - - "- - • - -- _ - 17 sometimes referred to as "outparcels", "anchor store parcels", or "fee simple 18 footprint parcels", or an integrated phased development as defined in section 19 1.08.00 of the Land Development Code,access will be er atcd through an internal 20 - 21 22 not limited to, cross covenants, cross asements,dedicated access tracts, or the 23 - 24 _ - - - _ _- - _ - - _ _ _ _. - I Comment[C4]:Similar to in 4.03.08 A1-A3 '— 25 ' - -- e•-••- -- - :-- - _ :•: -- -_ : •- _ Facility and Service Improvement Reqs 26 - --•-- _ -- 27 ten feet. 28 a. The alley edge of pavement radius must be a minimum of 15 feet and be designed 29 for the appropriate design vehicle. 30 b. Alley grades must not exceed five percent or be less than 0.3 percent. 31 - - - - -- 32 _ - : : _ - -- _ - :- _ _-- _ - _ - _ _ - Comment[CS]:Duplicated in 6.06.01 I Street 33 3. Blocks.The length,width and shape of blocks are to be determined with due regard to: System Reqs 34 a. Zoning requirements as to lot size and dimensions. 35 b. Need for convenient access, circulation, control and safety of vehicular and 36 pedestrian traffic. 37 c. Limitations and opportunities of topography, including all natural and preserved 38 features identified. 39 - - - _ - -- 40 be approved by the county manager or his designee pursuant to section 10.02.01 of the 41 Land Development Codc. Traffic calming devices, as approved in the Neighborhood 42 ----- -. _•. _ - : :- : - : :_ -•e _ --- -- . j [ ] Similar to 4.03.05 Sub.Design - - -- Comment C6 43 = _ -- - _- - - .__ .._. _ rags. 44 Transportation practices or appropriate specifications by the applicant's structural 45 engineer and may be required to include provi • . - - - - _• . 46 47 professional engineer and is subject to the approval of the county manager or his 48 designee and those other agencies having jurisdiction over the proposed facilities. 49 50 maintenance materials may be used upon requcs _ . -se. _ - , --. __._ -. _ - 3 I:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 2 -• - __ 3 a. At a minimum, the width of all bridges will be required to incorporate a clear 4 5 6 7 5.5 - - e - _ - - 8 loading, incorporating adequate corrosion and erosion protection. Comment[C7]:Similar to in 6.06.04 A-B 9 5. Buffers.Landscape buffers,when required by this administrative code, section 1.06.00 Bridges 10 •- 11 required right of way width and will be designated as a separate buffer tires-it—Of 12 casement on the final subdivision plat. The minimum buffer width must be in 13 _ - _ ., .. _ - �-.- _. -• - -. - _ - 14 required buffer be constructed to reduce cross corner or stopping sight distances, or 15 safe-pedestrian passage.All buffer tracts orc\as ••-• -•_ e- - •-- -- -- - •-- 16 •- 17 final subdivision plat. I Comment[C8]:Duplicated in 6.06.01 0.5 18 6. Canals. Any navigable canal or waterway designed as part of a development or l Street System Regs 19 , 20 with the requirements of the county's water management master plan and sections 21 =_ • e. 22 jurisdiction, where applicable. The slopes of the canal banks must be stabilized with 23 _ - _ _ - - - _ _ _ - _ _. •• - Comment[C9]:Duplicated in 4.03.08 B.2 1 24 7. Easements. Facility and Service Improvement Reqs 25 - ••_ ----• - -- -- -, - - - 26 approved by the county manager or his designee pursuant to section 144124/4-ef 27 the Land Development Code, must be provided to accommodate all required 28 utilities to, across, or along lots and,where possible, will be centered on lot lines 29 - -• -• - _ _ .. -•--- 30 31 _ ..._. 32 noted on the final subdivision plat. 33 •- 34 - _ - - _ • 35 '" -••-- ' 36 .. . __ _ _. .• 37 Collier County Utility Division. Except when crossing other easements, such 38 asements will not be inconsistent with other existing utility easements, or 39 later subjected to uses inconsistent with the use of the easement area for 40 utility purposes unless otherwise approved by the Collier County Utility 41 Division pursuant to the conditions in section 10.02.01 of the Land 42 43 b. Drainage asements. Drainage casements will be provided to accommodate open 44 drainage facilities at a width no les . _ - a -- -- . - -_ __ . - _ •- 45 ••-- - - _ •- -- -_ •• - • - - .. . - ._ 46 47 .. . . " 48 without stabilization. 49 i. Where underground drainage structures are installed, the casement width 50 4 l:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Text ctrikethrough in current text to be deleted from LDG Bold text indicates a defined term 2 ' 3 to section 10.02.01 of the Land Development Codc. 4 ii. When a subdivision or development includes or requires accc°s across 5 6 naturally occurring wetlands(that arc to be preserved),or the like fainage 7 _.... _.._. 8 which conforms substantially to the lines of such watercourses unlc's 9 - 10 •.• .!� _ -- '' - - 11 asements for the subdivision's or development's approved water 12 •--. - - - - - . - 13 14 -- - - -•--•15 provided in accordance with requirements of the entity with responsibility for 16 maintenance/accc°s. 17 , -•--- - 18 from contributory areas- Comment[C10]:Duplicated in 6.01.02 Utilities 19 c. Protectedlpreserve area and easements. A nonexclusive easement or tract in Req.to be installed underground 20 : _: _:-- , • --- -- ••aintenancc obligation,will be provided for all 21 .. - 22 23 24 - - - - -25 preliminary and final subdivision plats, : _ - •- - .- _ _ •- 26 27 28 or a in which no principle structure may be constructed. Further, the preliminary 29 '- -- - 30 31 alteration, including accessory structures, : ----•-- - - _ . 32 - _. •- _ - .. -_ 33 34 •• - _ - •- - - .. - - -- --35 '= 36 37 - 38 platted or simply identified by recorded conservation easement. 39 i. The boundaries of all required casements must be dimensioned on the final 40 subdivision plat. Required protected/preserve ar as must be identified as 41 42 fight of way. No individual residential or commercial lot or parcel lines ^,ay 44 determined to be jurisdictional in nature, verification must be provided which 45 :: _••-- -- _:: : : -- --_•e-- imits from the appropriate local, 46 - - 47 -- -•--- . . _.,_. _ 48 •••-- - - - -. 49 establish the permitted uses for said asement(s) and/or tracts on the final 50 - - --5 I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 1 2 responsibilities. An applicant who wichcs to set aside, dedicate or grant 3 4 5 final subdivision plat if the applicant chooses not to submit the optional 6 7 bound by the provisions of this section. I Comment[C11]:Duplicated in 10.02.048 8 e e c e• e _•_ : : - (Final Plats)and Pla nd has been moved to 6.01.02— 9 be constructed within an existing easement must illustrate the existing ascmcnt NEED TO Double Check. g g NEED 10 and existing facilities, and the proposed easement and the proposed facilities. 11 12 the e\asement(s)simultaneously with its submission to the county. 13 i. The review and approval of improvement plans does not authorize the 14 15 easement(s)of record. Comment[C12]:Duplicated in 10.02.04 B.2 16 • - • - -- ((has been is relocated in 10.02.04) 17 storage or emergency pumping facilities to provide for the minimum fire flows to be Comment[C13]:Discussed with the Fire 18 .......:. .. . .. Office-they wa nt to just include a clause that all 19 _ _ development would need to comply with the Fire - Code. 20 on common lot lines within the approved right of way unless greater otherwise - 21 approved by the county manager or his designee pursuant to section 10.02.0'1 of the 22 23 _ 24 25 26 by the National Fire Protection As-: - _ _ - _ _- _ - -_ •- 27 28 development plan review process as required in section 10.02.03 of the Land 29 Development Code.Those installations must comply with the standards set forth 30 ' 31 Building Croups." 32 ' 33 not more than ten dwelling units per acre, fire hydrants will be spaced not 34 - - - -- --- - - - - - -- - - - 35 36 .. 37 38 requirements at residual pressures of not lees than 20 pounds per cquaro 39 inch unle s otherwise required by the applicable fire code. 40 ii. Commercial, industrial, single family with structures in excess of 5,000 41 42 43 diameter. In no case will the spacing of hydrants be greater than 300 feet 44 apart. Additional on site fire hydrants are required when portions of 45 - 46 located as determined by the fire code official. Hydrant spacing and size 47 48 of the fire flow analysis. In no case will the flow be less than 760 gallons per 49 minute with the residual pressure of 20 pounds per square inch at the most 50 demanding point of discharge. 6 I:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx r-. Text underlined is new text to be added. Bold text indicates a defined term 1 0. Median strips and entranceways. 2 a. Median strips. Median strips which arc part of the publicly dedicated or deeded 3 right of way will not be utilized for any purpos- a -- -_ _ -- __ _ _ ___ • 4 5 he may do so in accordance with the guidelines established in section 1.06.00 of 6 the Land Development Code to allow placing of grass,shrubs and trees in general 7 8 of landscaping plans. Selection of landscaping within the public or private median 9 will be based on accepted traffic safety standards and the prevention of 10 11 - 12 property owners' association, a condominium association, cooperative 13 association, or other like or similar entity. 14 15 entranceways consisting of habitable or unhabitable structures, walls, fences, 16 gates, rock piles or the like are not permitted within the median strip of a publicly 17 dedicated right of way. Decorative entranceways may be constructed upon 18 19 so as to not interfere with any cros corner or stopping sight distance or constitute 20 - 21 over any underground improvements without the prior written consent of the 22 intended owner of the improvements. Upon completion of the entranceway, all 23 improvements will be maintained by the property owners' association, 24 -- " --' - e - s o o- - _ - o - e-, e = •- '• - -• Comment[C14]:9.a.and.b is duplicated in 25 10. Monuments. The design and location of permanent reference monuments, "P.R.M.s," 6.06.01 0.3and4 26 and permanent control points, "P.C.P.s," shall be as prescribed by F.S. ch. 177, as Comment[C15]:Duplicated in4.06.03C.1-2 27 ._ _ .._. . . ._ _.._. _ .- ._ Landscaping Reqs for vehicular use areas and 28 right of ways 29 30 a -• e• -- e _ _ _ .•e- e e_-e _ _ e• _•e •- Comment[C16]:Duplicated in 4.03.07 31 11. Sanitary sewage system, central. A complete central sewer system and interim Monuments 32 wastewater tr atment facility,if required,must be designed and constructed to provide 33 service to all lots and parcels within the subdivision or development.The system will be 34 35 36 article III, as amended, or to specifications of the applicable service provider. Comment[C17]:Duplicated in 6.03.01 Central 37 12. Sanitary sewage system, individual. Except as otherwise approved by the county Sewage System Reqs 38 manager or his designee pursuant to section 10.02.01 of the Land Development Code, 39 40 system for each lot or parcel.Any exemption from this requirement must be designed in 41 conformance with chapter 10D 6, F.A.C., and must obtain the written approval of the 42 - 43 must be in compliance with the provisions of the county's growth management plan, 44 and must be approved by the county manager or his designee. Comment[C18]:Duplicated in 6.03.02 l 45 13. Streets.The street layout of all subdivisions or developments must be coordinated with Individual Sewage System Reqs 46 the street systems of the surrounding ar as.Adjacent properties must be provided with 47 local street interconnections unless topography, other natural features, or other 48 s - - _ -- - - -- - - - -- - - - -- - • - _ e - 49 streets will be planned to conform to the Collier County Comprehensive Plan.Collector 50 _ ' • - _. 7 I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 1 connections. Their location and right of way cro,-s section must be reviewed and 2 -- 3 review process. All subdivisions will provide rights of way in conformance with the 4 _ •_• _ -- e - - 5 -- _ - -- 6 e-_- _ _ .e _ _ .: e e e ... . ....... .. .. - Comment[C19]:Duplicated in 6.06.01 B 7 a. Street access. Every subdivision or development will have legal and adequate Street System Reqs J 8 - -- --- -- - - 9 -- 10 in section 10.02.05 of the Land Development Code. Whcn a subdivision or 11 12 13 •- 14 15 access to a street dedicated for public use. Comment[C20]:Duplicated in 6.06.01 C 16 b. Adjoining or proposed adjoining trcet systems. The arrangement of streets in Street System Reqs 17 18 - 19 - -- •- '" 20 projection to ensure a coordinated and integrated street system per requirements 21 --•-- ' ' 22 regulations. Where a subdivision or development abuts an existing or proposed 23 public arterial or collector street,buffering will be required as per section'1.06.00 of 24 - - _ '- '' _-- Comment[C21]:Duplicated in 6.06.01 D 25 c. Local streets. Use of local streets by cut through traffic will be discouraged, using Street System Reqs 26 methods (like traffic calming) that do not compromise connectivity or reduce the 27 number of access points to the subdivision. Comment[C22]:Duplicated in 6.06.01 • 28 '- _ _. ___ _ - _ =_c____= = a _ _ - _ _ = Street System Reqs 29 - . • - 3 0 31 =-__ _ °_. °_ _.-.- __ Comment[C23]:No longer current.Conflicts 32 i. The analysis will show the impact on the proposed internal streets of the with the ItS Guidelines 33 subdivision or development and existing externally affected streets. The 34 •• -- -- -- 35 36 (external)improvements on the existing street system per the Collier County 37 Growth Management Plan. Comment[C24]:Duplicated in 6.02.03 B 38 c. Street right of way width.The minimum right of way widths to be utilized will be as j Trans.LOS reps 39 follows and,where applicable, will be clarified by the cross sections contained in 40 appendix B. and will be directly related to traffic volume as indicated in the 41 •- 42 cross sections contained in appendix B. Private street right of way widths and 43 design may be determined on a case by case basis in accordance with section 44 !.! .!• . -- 45 Street Type All Streets (feet3 RMt Width* Lane Width lanes 8 I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Toxt ctrikothrough is curront text to be deleted from LDC Bold text indicates a defined term 1 Number-of 2 {feet) Cul do sac 68 2 4-2 Local 69 2 18 Miner-collector 88 2 11 12 Minor collector(divided) 89--122 2 11 12 Major collector or minor arterial` 3 As determined for median and turn lance 4 11 12 4 5 6 Note:Any rural cross sections approved may require expanded right of way 7 widths for additional shoulder and swalc facilities. Design to be approved on 8 a case by case basis. 9 `If an alley is utilized, the right of way width may be reduced upon approval 10 of the transportation services administrator. Comment[C25]:Duplicated in 6.06.01 N 11 f. D ad end streets. Dead end streets will be prohibited except when designed as a Street System Reqs 12 cul do sac.When a street is designed to be extended when the adjacent property 13 is developed, a temporary cul de sac and right of way will be designed. 14 Culs de sac in excess of 1,000 feet will not be permitted unless existing 15 topographical conditions or other natural f atures preclude a street layout to avoid 16 longer cuss dc sac. When conflicts occur between the design standards of this 17 section and the County Fire Protection Code, or its successor provisions in Code 18 •-: - -0, - -- , -- -•*- _ _ - - . - • It •-•*"'-". Comment[C26]:Duplicated in 6.06.01 J 19 i. Culc do cac muct have a minimum 10 foot pavorr.snt radiuc (to bad< of Street System Reqs 20 °° = — __-_- _- _ -- 21 within a cul do cac, they muct havo a minimum ^.6 foot outcido odgo of 22 - 23 {Comment[C27]:Deleted and defer to Fire rP, Comment[C28]:Deleted Image.Out of date Cif; P' and conflicts with fire requirements. • • • • • • CO—ta—rx Oaten cm x se-s• 24 °'r"'' 25 g. Curb ivallcy gutter. All streets must be provided with valley gutter or curbs to comment[C29]:Relocated to 6.06.01s 26 provide for drainage. Curbs will be required at street intersections and for those 27 or as requiring additional vehicular protection.All required intersection curbs must 28 extend ten feet beyond the radius. 29 •. : .:. :• -e . - _•_ e•- e o _ e c- • _ •• "•-•• e _ - e e _ -[Comment[C30]:Relocated to 6 06.01 T. 30 radius (edge of pavement) for local or cul dc sac streets and 10 foot radiuc for Deleted double strikethrough sentence 9 I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 2 - 3 4 _ 5 6 --c _c_ - 7 8 ---_ _' _-_ -=--•- ---- = _ _` ___ -__----__- -- _ '_ 9 10 =--_ == _-- --_-_ _ °.,_• °_ _ __ =_ _ -_ 11 - _ — = ---- = _--- -- =-=_ - _ 12 =- = _ ___ _- - _ _- —=__ - - - 13 - 14 - - - - -- - 15 ---— -- --- 16 _- 17 18 19 lecat€ decor than 100 foot apart, a • oacuro 20 - ------------_-_- —_-__— s.•.-:..._- _=_ - _= - - =• - 21 22 --- 23 - - - - ------- ----------------- - -- 24 25 ' --c-_-_-__-.-__ _._.-_ _- _ _-_- - _--_---_=_->_... 26 - - ` - •- - 27 -•_ ___ _ -_ --__- - "_ ' =--'' __—_- 28 2y 408 29 30 [Comment(C31]:Deleted 31 - 32 33 34 35 36 37 38 39 40 ._ 41 i. Subgradc and shouldcrs.All subgradc and shoulders must be stabilized to a 42 _ 43 drawing. The stabilized area must be free of muck, roots and other 44 10 l:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 - ! 2 and at I act 98 percent of maximum density as determined by MSHTO 3 T180. If the b aring value of the natural soil is less than that specified, the 4 cubgradc and shoulders must be stabilized in accordance with section 160 of 5 the Florida Department of Transportation Standard Specifications for Road 6 and Bridge Construction (latest edition thereof). The construction of the 7 cubgradc and shoulders must generally conform to sections 160 8 and 8 160 9 of the Florida Department of Transportation Standard Specifications 9 for Road and Bridge Construction(latest edition thereof). 10 ii. Base. The base must be compacted limcrock constructed to the thickness 11 cpccified in the typical section drawing for the class and type of road to be 12 constructed, and must be built to the specified width and centered on the 13 cubgradc.Limerock used for the base must meet the standard specifications 14 for grade no.2 limcrock and must be compacted to obtain at I act 98 percent 15 maximum density as determined by MSHTO T180. Construction and 16 materials of the base must conform to sections 200 and 911 of Florida 17 Department of Transportation Standard Specifications for Road and Bridge 18 Construction(latest edition thereof).Alternate base courses that meet FDOT 19 specifications may be considered and approved by the county manager or 20 his designee. 21 iii. Prime. The base must be primed with type RC 70 bituminous material of 22 SS 1 (asphalt emulsion)and must comply with section 270 2 of the Standard 23 Florida Department of Transportation Specifications. 24 iv. Surface course. The surface course thickness and width must be as 25 cpecified in the typical section drawings.The processing of the mixture and 26 construction of the surface course must comply with sections 320, 330 and 27 332 of the Standard Florida Department of Transportation Specifications. 28 v. Grass.All areas within the right of way not receiving the surface course must 29 receive seed,fertilizer and mulch in accordance with sections 570,981, 982 30 and 983 of the Standard Florida Department of Transportation 31 Specifications. Where sod is specified by the county manager or his 32 designee for erosion control, it will be installed prior to preliminary 33 acceptance of the roadway. 34 vi. Maintenance.The applicant will be responsible for maintenance of the roads 35 for the period between preliminary and final acceptance as specified herein. 36 ' 37 vii. Testing. The applicant must have the subgrade and shoulders tested for 38 compaction and limcrock b aring ratio (LBR) at intervals set forth in the 39 latest edition of the Florida Department of Transportation Standard 40 Specifications for Road and Bridge Construction or as directed by the county 41 manager or his designee. The subgrade and base will be tested for 42 compaction by a certified engineering testing laboratory. Prior to acceptance 43 by the county,a copy of the test results along with a statement of compliance 44 i-rued by the testing laboratory, be furnished to the county manager or y � g ��must furnished y 9 'Comment[C32]:Relocating to 10.02.02 45 h Jame g�� Construction Standards and Inspection 46 viii. Inspection. During construction,a field inspection will be made by the county Guidelines 47 manager or his designee. It is the applicant's responsibility to provide written Comment[C33]:Relocated to 6.06.01 U. 48 notice to the county manager or his designee when construction is read for Deleted gangue and l skins be in g g y following language:"All signs shall be in 49 inspection. accordance with the Manual of Uniform Traffic 50 ix. Signs. The developer must provide and install traffic control signs, street Control Devices(MUTCD).unless approved —� through the PUD deviation process.° 11 I:Wdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined tens 2 = 3 designee. One double sided street name sign of standard design ao 4 5 6 7 - -8 9 10 = - - 11 "12 elesignee 13 x. Pavement striping. All work will be in accordance with section 711 of the 14 15 Bridge Construction(latest edition thereof) 16 m. Alternative typos of pavement, base and subgrado. Alternate types of pavement, 17 _ ' 18 -- - - - ' 19 _ 20 21 _: : •: - :- .02 22 _ : _ __ - _ _ '" i Comment[C34]:Relocated Inspection 02 23 : -- :. _._ .._ - _--: : - -- - - - • Guidelines 24 percent, unicoc otherwise 55 5.-_ _ - _ ._- _ - _ -- 25 26 27 profiles. ---{Comment[els35]:Relocated to 6.05.01 H. 28 - 30 - -- - • -- - :- Swales may 31 _ - - --- - - ale a dt be permitted to convey rear yard drainage and to collect street drainage. Comment[C36]:Relocated to 6.05.01 H ) 32 ---- - _ - 34 -- 35 =_ -_ _ _- -- __- —'__=— - — - —__--__ -_ _ -- 36 Comment[C37]:Deleted in the 2012 LDC 37 amendm•- - ; en tcyGe 38 - _- _-- - l Comment[C38] Duplicated n 6 06 O1 K 39 Street System Reqs 40 41 42 43 - 44 45 46 - .. . . ._. 47 these regulations will be established. 48 r. Limited access strips. Limited access strips controlling access to streets on Comment[C39]:Duplicated in 6.06.01 L 49 _ Street System Reqs. 50 . . .. •_ 12 I:\Admin Code 20121Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Text ctrikethrough is current text to be deleted from LOG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 = e_ - _ _ _ o__ __ _ _ Comment[C40]:Deleted per Reed/John P 2 __ _ _ _ _ __ _ _.___.__ - defer to State and Fire 3 4 5 t. Pavement samples. The developer must provide core samples of both the base 6 course and surface course of the completed public and private roadways prior to 7 preliminary approval. The core samples will be taken at a maximum of 300 feet 8 intervals and arrangements will be made to immediately replace the ar as so 9 removed with materials and construction to conform to the specifications and to the 10 line and grade of the immediate surroundings' pavement surface. The core 11 samples must be taken by an approved testing laboratory and/or professional 12 engineer and certified as to location and thickness m asured. 13 i. A tolerance of one quarter inch for pavement surface and one half inch for 14 base course may be accepted. Any deviations more than these tolerances 15 will result in withholding preliminary acceptance until such time that the 16 pavement is brought up to county standards. Comment[C411:Relocated to 10.02.02 17 u. Sidewalk parking. The distance from the back of the sidewalk to the garage door Construction Standards and Inspection 18 must be at I act 23 feet to allow room to park a vehicle on the driveway without Guidelines 19 parking over the sidewalk. Should the garage be side loaded there must be at 20 --- 21 -• - - _ -•- - - Comment[C42]:Duplicated in 10.02.03 22 1/1. Utility installation.After the clearing,grubbing,and grading has been completed within 8.1.xv,relocated to 4.05.04 and renamed 23 six inches of final subgrade of the roadway for a street, all underground work for the Residential off-street parking" 24 _ -25 conduits and appurtenances and any other utility will be installed acroos the width of the 26 street to the sidewalk ar a, or provisions will be made so that the roadway or 27 right of way will not be disturbed by future utility installations. All underground 28 improvements so installed for the purpose of future service connections will be properly 29 capped and backfilled. 30 15. Utility casings. All casings to be installed within the roadway section of a project must 31 be located at a depth at least six inches below the bottom elevation of the roadway 32 stabilized based course. All casings providing water service must extend to the 33 intersection of the right of way line and the lot line. Unless approved by the county 34 manager or his designee pursuant to section 10.02.04 of the Land Development Code, 35 all casings required for the complete service of underground utilities to the subdivision 36 must be installed during the construction phase of the project.Any casing which must 37 be placed after completion of the roadway stabilization and paving will have its method 38 of installation approved by the county manager or his designee. Comment[C43]:Relocated to 10.02.02 39 116. Water management. Construction Standards and Inspection 40 a. Scope.A complete stormwatcr management system will be provided for all ar as Guidelines 41 within the subdivision or development, including lots, streets and alleys. The 42 system design must meet the applicable provisions of the current Collier County 43 codes and ordinances, South Florida Water Management District rules and 44 - - _ •e _ _ • - ! _. 45 Administrative Code,and any other affected state and federal agencies'rules and 46 regulations in effect at the time of preliminary subdivision plat submission. 47 i. Where stormwatcr runoff from outside the subdivision or development 48 49 development,such runoff must be included in the stormwatcr system design. 50 The system must be designed for long life, low cost maintenance by normal 13 I:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 2 3 regulations Comment[C44]:Duplicated in 605.01 4 ii. Water management areas;will be required to be maintained in perpetuity Stormwater Mang System Reqs 5 __-: : -: : -- .: : -: : .• - - _-__ ---• . :-- -- - - - Comment[C45]:Relocated to 6.05.01 A 6 _ =7 b. Rainfall and runoff criteria. 'The system must be designed for "design floods" comment[C46]:Relocated to 6.05.01 8 ,.. - - 9 10 District criteria. --- - -- - Comment[C47]:Relocated the remaining 12 _ _. _.. _. _ __.._. .. __ __ _ _ provisions to LDC section 6.05.03.Deleting 13 �A1El9R erroneous information. other ordinances or regulations of 14 Collier County, state or region, monitorod for quality by tho applicant 15 - -16 17 _ - e= - - • 18 of Laws and Ordinances. 19 ii. Runoff coefficients Existing land usage will be considered for the selection__- (Comment[c4s]:Relocated to 6.05.01 L1 20 _ 21 •22 , ) Relocated 1 J 23 — -- Comment[C49:R to 6.05.0 24 waterways, canals,preserve or conservation areas, lakes or storm sewere 25 - 26 study to the county manager or his designee that such receiving systems have 27 28 flow. 29 30 1. Side ditches or swalcs;along public or private roads will not be accepted as [comment[C50]:Relocated to 6.05.01 J.1 31 - 32 33 34 35 36 37 _. - 38 •- -•_ 39 = _ - - - - 41 d. Major waterway. Improvement or establishment of major waterways and canals [Comment[C51]:Relocated to 6.05.01 K ] 42 _ _43 -- 44 _ 45 comment C52[ l:Relocated to 605 01 K 1 46 - - -- - -- - -• _ - 47 .. . . _ •--- -- 48 49 = - 50 . . .. . 14 I:tAdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Bold text indicates a defined term 1 c. Outfall ditchoc and opon channols. Unless otherwise approvod by the county [Comment[C53]:Relocated to 6.05.01 L 2 manager or his designee pursuant to section 10.02.01 of the Land Development 3 Code, side slopes no steeper than four to one will be allowed. Protection against 4 scour and erosion will be provided as required by the county manager or his 5 designee 6 f. Roadside smales. 7 i. Design. In the interest of preserving the existing natural groundwater levels, 8 roadways will not be designed so as to cause the significant lowering of the 10 ditches may be permitted within street rights of way where the use of 11 roadside swales can be justified to the county manager or his designee 12 through a written report prepared by the applicant's professional engineer. 13 Swales,where permissible,will have side slopes no steeper than four to one 14 and they will not be utilized to satisfy the stormwatcr quality (volume) 15 requirements of a project's master water management system. Where flow 16 velocities in excess of four feet per second are anticipated, urban 17 right of way sections will be required. 18 ii. Erosion protection. All unpaved areas within the permanent right of way 19 -_ --20 21 distance extending from the road pavement to the top of the swale ditch 22 backclope. Where valley guttered sections are used for drainageways, turf 23 - - _ -- _. •• 24 right of way. If seeding is utilized, then mulching in accordance with the 25 Florida Department of Transportation standards will be required. 26 Additionally,if seeding and mulching are utilized,then a strip of sod one foot 27 wide will be placed along the face of the pavement or curb section and over 28 the invert of any approved swalc section within the runoff flowway.All°wales 29 subject to erosion velocities will have adequate erosion protection in the form 30 of riprap or other applicable like methods. 31 iii. Driveways across s\vale ditches. Driveways across permitted swale ditches 32 must have placed beneath them drainage pipes of adequate size and typo 33 approved by the county manager or his designee, based on the capacity 34 requirements calculated by the applicant's profs,-cional engineer for the 35 development's master water management system. 36 g. Street drainage. Street drainage within the road right of way through grassed 37 ;males will be permitted for rural cross sections only except where velocities in 38 excess of four feet per second are anticipated.The flow from these swales or other 39 types of drainage facilities will be diverted to natural percolation areas, artificial 40 seepage basins or artificial lakes of at least sufficient capacity to comply with the 41 criteria of Collier County and the South Florida Water Management District. Other 42 equally effective methods of returning cl ansed waters to the aquifer will be 43 acceptable upon prior review and approval by the county manager or his designee. 44 i. Existing natural lakes may be used as detention or as provided that they 45 have adequate storage capacity and that pretr atment m asures approved 46 by the county manager or his designee are taken to prevent pollutant matter 47 48 49 artificial lakes to handle the runoff from storms which exceed the required 50 design storm event in duration and/or severity. 15 I:\Admin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.docx Text underlined is new text to be added. Text ctrikcthrough is current text to bo deleted from LOG and intent relocated to the Administrative Code or revised Bold text indicates a defined term 1 h. Percolation arcs. The actual area required will depend on the percolation rate for 2 the soils at the specific site and thc manner in which thc site is developed in 3 _ - -- _ --- - - --- - -. .• . - - - _.._. .. 4 • - • - • •5 6 - _ _ -- a: - - - c = - 7 i. Underground drainage.Where drainage plans provide for,or it is so directed 8 by—the county manager or designee, the collection of stormwater in 9 10 11 e ve: 12 (i) The minimum pipe used within a publicly maintained stormwater 13 collection system will be 15 inches in diameter. 14 • - - - - -- 15 •- - .. , .- -- - _ - 16 17 18 .•_ -'_. - • ' - _., 19 •- 20 {iv) The stormwater, underground collection system, must be so designed 21 22 23 maintained roadway is} — 24 (v) The pipes must be designed to minimize sediment deposits. 25 •_ : :_ •• - " .._• .- -- -• _- :.. 26 27 Transportation Standard Specifications for Road and -Bridge 28 - - - - - - - - 29 •- - - - - - - _ 30 _ - -'• - . _ 31 32 j. Storm\vater disposal. The method of ultimate disposal of stormwatcrs will be 33 --- •- _ . -- ::•--- - 34 35 - - - 36 -- .._'..._ '. ._ .... -- •- - ..:_, 38 specifications, and will be subject to the approval of the county manager or his 39 • - ''• --•' Comment[e&s54]:Relocated to 6.05.01 M.-P. 40 # # # # # # # # # # # # # # # 16 I.lAdmin Code 2012\Current Work\Code of Laws Work\Code of Laws Admin Code repeal and amendment for CCPC FINAL 071613.does 1 8.03.00—Reserved Hearing Examiner 2 3 A. Establishment and Powers. The Board of County Commissioners established the office 4 of the Hearing Examiner by County Ord. No. 2013-25, as it may be amended from time 5 to time, with the powers and duties set forth therein. 6 B. Procedures. The Hearing Examiner shall establish his or her own rules of procedure 7 which shall be adopted by the Board of County Commissioners in the Administrative 8 Code. 9 C. Role on Planning Commission. The Hearing Examiner may sit as a member of the 10 Collier County Planninq Commission as long as the Planning Commission serves solely 11 in an advisory body capacity to the Board of County Commissioners. While a Hearing 12 Examiner is employed by the County, the Hearing Examiner shall be the final decision 13 maker of boat lift canopy deviations, dock facility extensions, variances, minor 14 conditional uses, insubstantial changes to a Planned Unit Development ordinance, 15 appeals of administrative decisions, site plans with deviations, post take plans and other 16 matters authorized by County Ord. No. 2013-25. For purposes of this section, a minor 17 conditional use is one which does not require Environmental Advisory Council review 18 and which is not a case of great public interest or concern as determined in the 19 discretion of the Hearing Examiner. The CCPC shall not hear any items where the 20 Hearing Examiner is the final decision maker. If the Hearing Examiner recuses or 21 disqualifies himself or herself from a particular case where the Hearing Examiner makes 22 the final decision, these cases shall be heard by the Planning Commission in an 23 advisory capacity and then forwarded to the Board of County Commissioners for the final 24 decision. 25 # # # # # # # # # # # # # n 1 I:\Admin Code 2012\Current Work\HEX Final Docs\Section 8 03 00-Hearing Examiner 071713-revised.docx7/17/2013 3:05 PM