Agenda 04/23/2015 Agenda
Development Services Advisory Committee
Land Development Review Subcommittee
Thursday,April 23, 2015
GMD Building, Conference Room 609/610
1:00 p.m. - 3:00 p.m.
1. Call to order
2. Approve agenda
3. Review amendments
a. 10.02.06 Ag Clearing Permits
b. 3.05.07 Preserve Setbacks
c. 10.02.06 CCSL Permits
d. 3.05.08; 3.05.02 Prohibited Exotic Vegetation
e. 2.03.09;4.02.03 Golf Course Setbacks
f. 4.08.07 SRA Characteristics Chart
g. 10.02.07 Requirements for COAs
4. Follow-up on previously reviewed amendments
5. Public comments
6. Adjourn
Agenda
Development Services Advisory Committee
Land Development Review Subcommittee
Thursday,April 23, 2015
GMD Building, Conference Room 609/610
1:00 p.m. - 3:00 p.m.
1. Call to order
2. Approve agenda
3. Review amendments
a. 10.02.06 Ag Clearing Permits
b. 3.05.07 Preserve Setbacks
c. 10.02.06 CCSL Permits
d. 3.05.08;3.05.02 Prohibited Exotic Vegetation
e. 2.03.09;4.02.03 Golf Course Setbacks
f. 4.08.07 SRA Characteristics Chart
g. 10.02.07 Requirements for COAs
4. Follow-up on previously reviewed amendments
5. Public comments
6. Adjourn
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Currently, there are two parts to the agricultural clearing section in the LDC:
An agricultural clearing permit may be issued for properties that, at the time of
application, are not a bona fide farm operation per F.S., but will seek an agricultural
classification from the Collier County Property Appraiser's office within two years. Once
the property has received the agricultural classification from the Property Appraiser's
office, it is considered a bona fide farm operation.
An agricultural clearing notice is a process for properties that have already received an
agricultural classification from the Property Appraiser's Office and are a bona fide farm
operation. The permit process establishes that the property owner shall provide notice to
the County of their intent to clear for a bona fide agricultural farm operation use. The
notice provided is reviewed by staff and it is verified that the property meets the criteria
to file for a notice. Within 20 business days, staff notifies the property owner whether the
notification is complete. This process has proved beneficial to property owners as not all
notifications submitted meet the qualifications for clearing through this process. In most
cases, the reason a property does not qualify for a notification is because the property
does not currently hold an agricultural classification from the Property Appraiser. In
these situations, the property owner is advised to file an application for an agricultural
clearing permit, noted above.
However, the LDC does not currently provide a distinct permit process for property
owners to clear in the Rural Agricultural District (A) that 1) do not currently have an
agricultural classification and 2) do not plan to seek a agricultural classification in the
future. For example, the proposed permit process would apply to the following situation:
A property owner seeks to clear vegetation for a herd of horses in the Rural Agricultural
(A)zoning district,which is a permitted use. Because the property owner has no intention
of utilizing this use for a commercial nature, the property owner will not seek a use into
an agricultural classification from the Collier County Property Appraiser.
3. The GMP and LDC restrict property cleared for agricultural use from converting to non-
agricultural use for a period of 25 years unless such conversion provides for retention of
native vegetation in the amount required prior to clearing. The GMP relays that"any new
clearing of land for agriculture shall not be converted to non-agricultural development for
25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1
and 6.1.2 of this element shall be applied to the site at the time of the conversion." As
noted, the GMP is not specific regarding the type of conversion, i.e. rezone, CU, SDP
that facilitates the change in use.
The LDC provision in the agricultural clearing permit section only identifies rezones to
facilitate such conversion. However, there are many permitted, accessory, and conditional
uses in the Rural Agricultural District that have a "non-agricultural purpose", such as a
family care center and schools. These uses are deemed to be a type of conversion and
would require retention of native vegetation in the amount required prior to clearing. It is
proposed that the LDC is clarified, and identifies that a change to a non-bona fide
agricultural purpose will require retention of native vegetation requirements.
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FISCAL & OPERATIONAL IMPACTS: Regarding change#1 ,there is no fiscal impact
as this is clarifying a current practice; no further fees will be charged in addition to the current
permit fee. Regarding change#3, the proposed amendment to 10.02.06 C implements provisions
currently in practice. The proposed changes will have no additional fiscal impact to land owners.
Review of development orders to facilitate the change in use will not be affected by this
amendment.
RELATED CODES OR REGULATIONS:
2.03.01 Agricultural Districts
3.05.02 C Agricultural exemption
3.05.02 F Exemptions from Requirements for Vegetation Protection and Preservation
3.05.05 F Criteria for Removal of Protected Vegetation
3.05.07 Preservation Standards
The proposed amendment will require an amendment to the Administrative Code for Land
Development, Chapter 4.E — Vegetation Removal Applications, which will be done at a later
date.
GROWTH MANAGEMENT PLAN IMPACT:
Change #1 and #3 will have no impact on the GMP. Goal 6 of the Conservation and Coastal
Management Element (CCME) includes policies regarding conversion of property from
agricultural to non-agricultural use as stated below in relation to Change#2.
In relation to Change #2, the Conservation and Coastal Management Element (CCME) Policy
6.1.5 restricts conversion of property from agricultural to non-agricultural use for 25 years, once
the land is cleared for agricultural purposes. The restriction is also included in LDC section
3.05.02 C (Agricultural Exemption). The CCME Policy is as follows.
Policy 6.1.5:
Agriculture shall be exempt from the above preservation requirements contained
in Policies 6.1.1, and 6.1.2 of this element provided that any new clearing of land
for agriculture shall not be converted to non-agricultural development for 25
years. For any such conversions in less than 25 years, the requirements of Policy
6.1.1 and 6.1.2 of this element shall be applied to the site at the time of the
conversion. The percentage of native vegetation preserved shall be calculated on
the amount of vegetation occurring at the time of the agricultural clearing, and if
found to be deficient, a native plant community shall be restored to re-create a
native plant community in all three strata (ground covers, shrubs and trees),
utilizing larger plant materials so as to more quickly re-create the lost mature
vegetation. Agricultural clearing within the Rural Lands Stewardship Area
(RLSA) Overlay shall be allowed and guided by the RLSA policies found in the
FLUE.
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In relation to all changes proposed, Policy 7.7 of the Future Land Use Element (FLUE) states
that Urban designated areas will accommodate non-residential uses including agriculture.
OTHER NOTES/VERSION DATE: Draft
Amend the LDC as follows:
1 3.05.05 Criteria for Removal of Protected Vegetation
2
3 Native vegetation shall be retained within proposed developments where existing vegetation
4 would be expected to survive in open space areas or buffers, where site improvements or
5 changes in elevation are not proposed or required. A permit for the removal or replacement of
6 plants installed as LDC required landscaping shall be issued in accordance with LDC section
7 4.06.05. A vegetation removal permit may be issued under the following conditions:
8 * * *
9 F. e• . . . . _ . . _• e _ , . ', , er other nonagricultural, noncommercial zoning
10
11 - - - " - - - .. _ _ - -- .. . _ . . -• -12 zoning. A vegetation removal permit may be issued for any accessory use that is
13 permitted in the underlying zoning district on a parcel that has been subdivided for single
14 family use.
15 * * *
16
17 # # # # # # # # # # # # #
18
19 10.02.06 Requirements for Permits
20
21 C. Agricultural land clearing.
22 1. Agricultural clearing permit for non-bona fide agricultural uses. A permit for
23 clearing shall be required for permitted and accessory uses in the Rural
24 Agricultural zoning district that do not meet the scope of F.S. §§ 163.3162 or
25 823.14, or LDC section 10.02.06 C.2. See LDC section 10.02.06 C.2 for future
26 bona fide agricultural farm operation clearing permit requirements.
27 a. Application. The Administrative Code shall establish the procedures and
28 the submittal requirements, in addition to those identified below,to obtain
29 an agricultural land dearinq pen-nit.
30 I. If an ST or ACSC-ST overlay is attached to the zoning of the
31 property, the ST or ACSC-ST permit review shall be in
32 accordance with LDC sections 2.03.07 and 4.02.14 and may be
33 reviewed simultaneously with the agricultural clearing permit
34 application.
35 ii. A generalized vegetation inventory and clearing plan.
36 iii. Data relating to wetlands impacts and protected wildlife species
37 habitat subject to the Conservation and Coastal Management
38 Element of the Growth Management Plan and the LDC. This data
39 will be required only when the county's on-site inspection indicates
40 that there are potential or actual impacts to wetlands and to
41 protected federally and state listed wildlife habitat.
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iv. Native vegetation preservation requirements shall apply where
2 applicable in the RFMU district as provided in 3.05.07.C.
3 Exemptions from Requirements for Vegetation Protection and
4 Preservation can be found in 3.05.02.
5 v. Permit Fees. The agricultural clearing permit applications shall be
6 charged a review fee as established by resolution by the Board.
7 b. Criteria for review of the application. The following criteria shall be utilized
8 by staff in reviewing an application for issuance of an agricultural clearing
9 permit:
10 i. An on-site inspection has been made by staff, if indicated.
11 ii. Environmental impacts, including wetlands and protected wildlife
12 species habitat(s) shall have been addressed in accordance with
13 the requirements of the Conservation and Coastal Management
14 Element of the Collier County Growth Management Plan and the
15 LDC, as may be amended from time to time.
16 iii. Additional data and/or information required by the County to
17 address environmental impacts shall be submitted by the
18 applicant.
19 iv. The proposed use is consistent with the Rural Agricultural (A)
20 zoning district.
21 c. Renewal of agricultural clearing permit. An approved agricultural clearing
22 permit is valid for 5 years and may be automatically renewed for 5-year
23 periods providing that a notification in writing is forwarded to the County
24 Manager or designee at least 30 but no more than 180 days prior to the
25 expiration of the existing permit and providing that the property has been
26 actively engaged in an agricultural use activity. Such notification shall
27 state that the applicant is in compliance with any and all conditions
28 and/or stipulations of the permit. A violation of permit conditions shall be
29 cause to void the agricultural clearing permit. Applicants failing to
30 provide notification as specified herein shall be required to submit a new
31 application for an agricultural clearing permit.
32 d. Exemptions for agricultural clearing permit.
33 i. Upon issuance of an agricultural clearing permit activities
34 necessary for the ongoing agricultural use and maintenance are
35 exempt from obtaining additional agricultural clearing permits for
36 that parcel, if the intent, use, and scope of said activities continue
37 to comply with the ongoing agricultural clearing permit or
38 exemption. Ongoing agricultural activities that qualify for this
39 exemption as described in this section may include but are not
40 limited to clearing for, around or in dikes, ditches, canals,
41 reservoirs, swales, pump stations, or pens; removal of new
42 growth, such as shrubs or trees, from areas previously permitted
43 or exempted from this section; fire line maintenance; approved
44 wildlife food plots; or other activities similar in nature to the
45 foregoing.
46 ii. No agricultural clearing permit shall be required for protected
47 vegetation that is dead, dying or damaged beyond saving due to
48 natural causes also known as acts of God provided that:
49 (a) The County Manager or designee is notified in writing
50 within 2 business days prior to such removal and the
51 County makes no objection within said 2 business days;
52 (b) The tree is not a specimen tree;
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1 (c) The vegetation is not within an area required to be
2 preserved as a result of a required preservation, mitigation,
3 or restoration program;
4 (d) Vegetation planted by a farmer or rancher which was not
5 planted as a result of a zoning regulation or a required
6 mitigation or restoration program.
7 42. Agricultural clearing permit for future bona fide agricultural farm operations. A
8 permit for clearing shall be required for permitted and accessory uses in the
9 Rural Agricultural zoning district that do not meet the scope of F.S. §§ 163.3162
10 or 823.14 at the time of application, but will meet the scope within two years,
11 except as exempted by LDC section 10.02.06.C.2.d. A bona fide agricultural farm
12 operation is defined by Florida Statute 823.14 (3). A permit for clearing of
13 -- -- - - _ -- - -- - - - -- - -- - - . . ----14 - - ' - =
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1 provided in LDC section 3.05.02. the Collier County Board of
2 County Commissioners will not rezone the property described in
3 the agricultural clearing permit for a period of 25 y ars from the
4 date of approval of the agricultural clearing permit by the County
5
6 than 25 y ars, the converted land shall be restored with native
7 vegetation to the degree required by the LDC.
8 vii. Permit Fees. The agricultural clearing permit applications shall be
9 charged a review fee as established by resolution by the Board.
10 b. Criteria for review of the application. The following criteria shall be utilized
11 by staff in reviewing an application for issuance of an agricultural clearing
12 permit:
13 i. An on-site inspection has been made by staff, if indicated.
14 ii. Environmental impacts, including wetlands and protected wildlife
15 species habitat(s) shall have been addressed in accordance with
16 the requirements of the Conservation and Coastal Management
17 Element of the Collier County Growth Management Plan and the
18 LDC, as may be amended from time to time.
19 iii. Additional data and/or information required by the County to
20 address environmental impacts shall be submitted by the
21 applicant.
22 iv. The proposed use is consistent with the Rural Agricultural (A)
23 zoning district.
24 v. The proposed use is a bona fide agricultural use.
25 vi. The applicant has signed an executed agreement pursuant to
26 10.02.06 C.2.a.vi. above.
27 c. Renewal of agricultural clearing permit. An approved agricultural clearing
28 permit is valid for 5 years and may be automatically renewed for 5-year
29 periods providing that a notification in writing is forwarded to the County
30 Manager or designee at least 30 but no more than 180 days prior to the
31 expiration of the existing permit and providing that the property has been
32 actively engaged in a bona fide agricultural activity. Such notification shall
33 state that the applicant is in compliance with any and all conditions
34 and/or stipulations of the permit. A violation of permit conditions shall be
35 cause to void the agricultural clearing permit. Applicants failing to
36 provide notification as specified herein shall be required to submit a new
37 application for an agricultural clearing permit.
38 d. Exemptions for agricultural clearing permit.
39 i. An agricultural clearing permit is not required for operations
40 holding a permit under Ordinance No. 76-42 and that can
41 demonstrate that an approvea bona fide agricultural activity was in
42 existence within 2 years of the permit issuance date, or that a
43 bona fide agricultural activity was in existence before the effective
44 date of Ordinance No. 76-42. A demonstration for exemption may
45 include agricultural classification records from the Property
46 Appraiser's Office; dated aerial photographs occupational license
47 for an agricultural farm operation; or other information which
48 positively establishes the commencement date and the particular
49 location of the agricultural farm operation.
50 ii. Upon issuance of an agricultural clearing permit or as exempted
51 above, activities necessary for the ongoing bona fide agricultural
52 use and maintenance are exempt from obtaining additional
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•
1 agricultural clearing permits for that parcel, if the intent, use, and
2 scope of said activities continue to comply with the ongoing
3 agricultural clearing permit or exemption. Ongoing bona fide
4 agricultural activities that qualify for this exemption as described in
5 this section may include but are not limited to clearing for, around
6 or in dikes, ditches, canals, reservoirs, swales, pump stations, or
7 pens; removal of new growth, such as shrubs or trees, from areas
8 previously permitted or exempted from this section; fire line
9 maintenance; approved wildlife food plots; or other activities
10 similar in nature to the foregoing.
11 iii. Fences, buildings, and structures that require a building permit
12 shall be exempt from an agricultural clearing permit but must
13 obtain a vegetation removal permit.
14 v. No agricultural clearing permit shall be required for protected
15 vegetation that is dead, dying or damaged beyond saving due to
16 natural causes also known as acts of God provided that:
17 (a) The County Manager or designee is notified in writing
18 within 2 business days prior to such removal and the
19 County makes no objection within said 2 business days;
20 (b) The tree is not a specimen tree;
21 (c) The vegetation is not within an area required to be
22 preserved as a result of a required preservation, mitigation,
23 or restoration program;
24 (d) The parcel is currently engaged in bona fide agriculture,
25 as defined by the LDC;
26 (e) No agricultural dearing permit shall be required for the
27 removal of any vegetation planted by a farmer or rancher
28 which was not planted as a result of a zoning regulation or
29 a required mitigation or restoration program.
30 2-3. Agricultural clearing notice. No later than 60 days prior to vegetation removal as
31 part of an agricultural farm operations that fall within the scope of F.S. §§
32 163.3162(0} or 823.14(6}, the property owner shall provide notice to the County
33 Manager or designee that the removal will occur.
34 a. The Administrative Code shall establish the submittal requirements for the
35 agricultural clearing notice, including the following:
36 i. A signed agreement acknowledging the 25-year prohibition on the
37 creation of TDR credits from land cleared for an agricultural farm
38 operations after June 19, 2002, as set forth in LDC section
39 2.03.07; and
40 ii. If the land is outside the RLSA, a signed agreement
41 acknowledging that, if the land being cleared for an agricultural
42 farm operations is converted to a non-agricultural uses within 25
43 years after the clearing occurs, the property shall become subject
44 to the requirements of LDC section 3.05.07, as provided in LDC
45 section 3.05.02
46 b. Permit fees. The agricultural clearing notice application shall be charged
47 a review fee as established by resolution by the Board.
48 # # # # # # # # # # # # #
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LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DIVISION: Engineering and Natural Resources
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Remove conflicting language with regards to an exemption for single-family
residences from vegetation retention requirements.
REASON: The language in LDC section 3.05.07 H.4.a was inadvertently retained during a prior
LDC amendment for this section. The correct LDC provisions addressing preserve standards and
how they relate to single-family residences are provided below. Single-family residences, except
for within the RFMU District, are exempt from the native vegetation retention requirements.
LDC section 3.05.07 A.7
Unless otherwise required in the RFMU District, single-family residences shall
be exempt from the native vegetation retention requirements and from having on
site preserves. Setbacks to preserves shall be in accordance with 3.05.07 H.
LDC section 3.05.07 B
Specific standards applicable outside the RFMU and RLSA districts. Outside the
RFMU and RLSA Districts, native vegetation shall be preserved on site, except
for single family residences, through the application of the following preservation
and vegetation retention standards and criteria. The single family exception is not
to be used as an exception from any calculations regarding total preserve area for
a development containing single family lots. For properties not previously within
the Coastal High Hazard Area but now within the Coastal High Hazard Area due
to adoption of a revised Coastal High Hazard Area boundary in 2013, the native
vegetation preservation and retention standards of the Non-Coastal High Hazard
Area shall continue to apply. (Reference the Coastal High Hazard Area
Comparison Map in the Future Land Use Element of the Collier County Growth
Management Plan.)
FISCAL & OPERATIONAL IMPACTS: The proposed LDC amendment is a correction and
will have no fiscal or operational impact to the County or public. Single family residences are
currently exempt from preservation standards outside the Rural Fringe Mixed Use District.
RELATED CODES OR REGULATIONS: 3.06.07 H.3 Required setbacks from preserves;
6.01.02 C Protected/preserve area and easements
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GROWTH MANAGEMENT PLAN IMPACT: Conservation and Coastal Management
Element (CCME) Policy 6.1.1 identifies preservation standards for the County's Urban
Designated Area, Estates Designated Area, Conservation Designated Area, and
Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area
District as designated on the FLUM. This Policy excludes single family dwelling units situated
on individual parcels from these requirements. Preservation standards for the County's Rural
Fringe Mixed Use District pursuant to CCME Policy 6.1.2 do not include an exemption for
single family dwelling units.
OTHER NOTES/VERSION DATE: April 6, 2015
Amend the LDC as follows:
1 3.05.07 Preservation Standards
2
3 All development not specifically exempted by this ordinance shall incorporate, at a
4 minimum, the preservation standards contained within this section.
5
6 H. Preserve standards.
7
8 4. Exemptions.
9 a. - - - -- -- - - - - - - •- __. .. - - - - - - - -- .
10 standards found in 3.05.07
11 b. Applications for development orders authorizing site improvements, such as an
12 SDP or FSP and, on a case by case basis, a PSP, that are submitted and
13 deemed sufficient prior to June 19, 2003 are not required to comply with the
14 provisions of this section 3.05.07 H., which were adopted on or after June 19,
15 2003.
16 # # # # # # # # # # # # #
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LDC Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DIVISION: Engineering and Natural Resources
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1
LDC SECTION(S): 10.02.06 Requirements for Permits
CHANGE: To exempt the following activities from obtaining a Coastal Construction Setback
Line (CCSL) permit or CCSL variance:
1. Implementation of Federal, State, or County approved preserve and listed species
management plans on publically owned land designated as parks, preserves, or mitigation
areas.
2. Implementation of County approved preserve and listed species management plans
pursuant to LDC section 3.05.07 H.
3. Activities approved by the Board of County Commissioners (BCC) that may alter ground
elevations such as artificial beach nourishment projects and excavation or maintenance
dredging of inlet channels.
4. Hand removal of prohibited exotic and non-native vegetation.
To also allow dune walkovers and the creation, restoration, re-vegetation or repair of a dune or
other natural area seaward of the CCSL to be permitted through the site plan or plans and plat
(PPL) review process pursuant to LDC section 10.02.03 or 10.02.04, in lieu of a CCSL permit,
where a Site Development Plan, Site Improvement Plan and amendments thereof, or PPL are
otherwise required.
REASON: Implementation of Federal, State, and County approved preserve and listed species
management plans on publically owned land designated as parks, preserves or mitigation areas
are already approved or permitted by the government entities which manage or regulate these
lands.
A separate CCSL permit is not needed where dune restoration and/or dune walkovers are
permitted through the site plan or PPL review process. It is preferable to have dune walkovers
and creation, restoration, re-vegetation or repair of a dune or other natural area seaward of the
CCSL to be permitted with other site improvements, as part of a single development plan (SDP,
SIP, PPL, etc.), rather than by separate CCSL permit.
Activities that may alter ground elevations such as artificial beach nourishment projects and
excavation or maintenance dredging of inlet channels are approved /authorized separately by the
BCC. A separate CCSL permit is not needed. There are also no criteria in the CCSL permit
section by which to review these projects.
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The exemptions also encourage removal of prohibited exotic and non-native vegetation from
natural areas seaward of the CCSL.
FISCAL & OPERATIONAL IMPACTS: According to the Growth Management
Division/Planning and Regulation Fee Schedule, CCSL Permits cost $400 and a CCSL Variance
Petition, $1000 to process. Removing the extra permit requirement for these projects will
eliminate the time and expense on having to obtain these permits.
RELATED CODES OR REGULATIONS: 9.04.06 Specific Requirements for Variance to the
Coastal Construction Setback Line
The proposed LDC amendment will require amendments to the Administrative Code for Land
Development, Chapter 4.B- Coastal Construction Setback Line Permit and the Growth
Management Division/Planning and Regulation Fee Schedule.
GROWTH MANAGEMENT PLAN IMPACT: The proposed amendment will have no
impact on the GMP. Goal 10 of the Conservation and Coastal Management Element (CCME)
regulates activities along the coast on beaches and coastal barriers. GMP consistency
determinations by the County are required by the State during the State and Federal permit
process, for projects along the coast.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
1 10.02.06 Requirements for Permits
2
3 G. Coastal Construction Setback Line Permits. The following activities seaward of the
4 ... - _. __ •.• - . . •• - Coastal Construction Setback Line shall require
5 either a 1ZCoastal Construction Setback Line(CCSL) permit; 2) Site Development
6 Plans, Site Improvement Plans and Amendments thereof pursuant to LDC section
7 10.02.03; or 3) Construction Plans and Final Subdivision Plat (PPL) pursuant to LDC
8 section 10.02.04. • • _ _ ._ . _ _ ___ . . e•••_ A ...._ . _ _ e- ..' -_
9 e. .. • _ •• _ - . • - -- -• • • a- -• !.!,.e-. The appropriate fee as
10 set by county resolution shall be submitted with permit application. All required Federal,
11 State, and County permits shall be obtained prior to commencement of construction.
12 1. Construction of a dune walkover when - : .e- e-e- • "-• : • * e•—• -
13 Protection(FDEP) permit has been obtained and the following criteria have been
14 met.
15 a. A maximum width of 6 feet.
16 b. A minimum separation of 200 feet between walkovers when 2 or more
17 walkovers are proposed on a single parcel.
18 2. Creation, restoration, re-vegetation or repair of the dune or other natural area
19 seaward of the CCSL on an individual parcel of land, when
20 _ :• •••• - - . -_ _ e e- •• - ---- - - - --- - - the following
21 criteria have been met.
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1 a. Sand used must be compatible in color and grain size to existing sand
2 subject to FDEP requirements.
3 b. Plants utilized shall be 100 percent native coastal species.
4 c. Restoration plans shall be designed by an individual with expertise in the
5 area of environmental sciences, natural resource management or
6 landscape architecture. Academic credentials shall be a bachelors or
7 higher degree. Professional experience may be substituted for academic
8 credentials on a year for year basis, provided at least 2 years professional
9 experience are in the State of Florida.
10 3. The Administrative Code shall establish the procedures and application submittal
11 requirements for obtaining a Coastal Construction Setback Line permit.
12 4. Exemptions from CCSL permit. The following activities shall not require a CCSL
13 permit. All required Federal, State, and County permits shall be obtained prior to
14 commencement of construction.
15 a. Certain activities approved by the BCC that may temporarily alter ground
16 elevations such as artificial beach nourishment projects;or excavation or
17 maintenance dredging of inlet channels may be permitted seaward of the
18 coastal construction setback line if said activity is in compliance with the
19 Collier County GMP and receives Federal and State agency approvals.
20 Until such time as the fee schedule can be amended, the fee shall be
21 .. .. e • - -- . ..._. -- ..•
.
22 b. Implementation of Federal, State, or County approved preserve or listed
23 species management plans on publically owned land designated as
24 parks, preserves, or mitigation areas.
25 c. Implementation of County approved preserve or listed species
26 management plans on privately owned land pursuant to LDC section
27 3.05.07 H.
28 d. Hand removal of prohibited exotic and non-native vegetation in
29 accordance with LDC sections 3.05.02 G.
30 5. All other activities seaward of the CCSL shall require a variance, pursuant to
31 LDC section 9.04.06.
32 # # # # # # # # # # # # #
3
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DIVISION: Engineering and Natural Resources
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1
LDC SECTION(S): 3.05.08 Requirement for Removal of Pr, 'ted Exotic Vegetation
3.05.02 Exemptions from Require for Vegetation Protection and
Preservation
CHANGE: To provide criteria when certain • 'Med exo egetation may remain on
property when developed.
Housekeeping measures to correct inconsisten • single-f. ily exem. • and provide cross
reference to applicable LDC sections.
REASON: On May 27, 2014, a pr• ner prese • petition to the BCC requesting an
exception from LDC section 3.05.0: o • retain . slum (Syzygium cumini) on his
property. Because of the age and size • e . m tree property owner proposed the
BCC designate these - Specim rees ed s DC section 3.05.09. This
designation requires •e BCC. B e - . •ve• 'esolution 2014-118 and the
Java plums were al -d to re . The B • directe• aff to review and bring back a
proposed LDC amen. that Id allow flexibility in terms of the requirements and
removal of certain specie e-
Remo •rohibt *tic .tion is °. a -• sy the County when property is developed.
Specie •uired to be r. ed • . • develop nt are identified in LDC section 3.05.08. The
plants id- ed in this se read If seed and are known to be disruptive to native plant
communitie' ey are also . .sted a egory I invasive plant species by the Florida Exotic
Pest Plant Co (FEPPC). asive exotic plants are termed Category I invasives by the
FEPPC when "th- - altering ive plant communities by displacing native species, changing
community structure -colo' functions, or hybridizing with natives".
Prohibited exotic vegetati• Florida includes both ornamental species and those which arrived
to Florida, unintentionally. To date the only species requested by homeowners to be retained on
individual parcels in Collier County for single-family residences when improved is the Java
plum (Syzygium cumini), due to the size of the trees. Java plum is also a fruit tree, the fruit of
which is relished by some for making jams and fruit dishes.
Given the BCC direction and the nature of past requests, staff reviewed the list of prohibited
exotic vegetation to determine which species would have the least ecological impact on existing
single family lots when improved. The species considered are all ornamentals and likely to be the
species requested by homeowners to be retained on property when improved.
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The County has previously determined that properties may retain prohibited exotic vegetation
when approved through a prior landscape plan. In such cases, the landscape plans were approved
prior to the plants being listed as prohibited exotic vegetation. This exception has been included
in the proposed amendment.
At the time this amendment was drafted, it was brought to staff's attention that an active bald
eagle nest had been found in an Australian pine in the southern part of the County. To cover this
unusual circumstance, a provision has been included in the amendment for retention of
prohibited exotic vegetation within Florida Fish and Wildlife Conservation Commission (FWC)
bald eagle nest protection zones and to have this vegetati•; oved in accordance with the
FWC Bald Eagle Management Plan and FWC Eagle Man. t Guidelines, or as permitted by
the U.S. Fish and Wildlife Service (USFWS) and/or F +hibited exotic trees within FWC
bald eagle nest protection zones would eventually all o, •ver time as allowed/permitted
by these agencies.
Long distance dispersal of seeds from exotic ation is a major con• in determining which
species of prohibited exotic vegetation may re on prope when de =ed. Species known
to be frequently and widely dispersed by birds, s Br pepper an - of wood, or by
water (Australian pine) are espe 'r .roblematic e the ability to -ed over great
distances. Retention of these species ommende•
Of the remaining species included on pro -• exoti -cies list, only Java plum and
women's tongue (Albi ' •-ck) are y to : este. homeowners to remain on
single-family lots w . . ind this : sus= - an. ornamental value. These two
species are more of. ' •blem lo• and les to sprea• g distances, when compared to
species dispersed by or w. . Where cent to natural or other open space areas,
dispersal of Java .lum i • mam=- . such as raccoon and opossum is likely to
occur, si • • this ar d subsequently dispersed by these animals.
Studie shown for. s, by rac • se up to about a mile. Opossums can forage
for ab• • e to one an. .1f m - t ispersa . seeds of women's tongue is by wind. Where
these tre- allowed to in, -nance/removal of these species is more likely to be a
concern. A . :h women' "ngue idely planted as an ornamental in tropical and
subtropical ar- .roughout i - world, the County has not received requests to retain this
species, and this .._ •bly beca the tree is deciduous, losing its leaves for an extended period
of time in late winte + spr' prior to the onset of the rainy season. Therefore, Java plum is
the only species includ- endment for retention on single-family lots when improved.
Other prohibited exotic species historically planted to Florida for ornamental purposes are earleaf
Acacia, downy rosemyrtle and Melaleuca. All are highly invasive, blanketing areas in the
vicinity of parent trees/shrubs. Downy rosemyrtle is particularly a problem in pine flatwoods,
earleaf Acacia in pine flatwoods and disturbed sites. Melaleuca, as most people are aware, has
been a major problem in wetlands throughout the southern part of Florida. The remaining
prohibited exotic species on the list are vines and species not generally planted in the landscape.
Control of prohibited exotic vegetation is a greater problem where it is already established since
a seed source is available to impact the surrounding area. The County recognized invasive exotic
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vegetation as a problem as far back as 1979 with adoption of the County's first exotic vegetation
removal ordinance (Ordinance No. 79-73). A chronological list of the County's exotic plant
regulations, up to 1996, is provided for reference with this proposed amendment. The cost of
removal of exotic vegetation from Florida's natural areas, alone, is in the millions of dollars.
Given all the problems associated with invasive exotic vegetation, the considerations noted
above, and the prior May 24, 2014 BCC direction, staff recommends the Board approve the
provisions in the proposed amendment that provide for:
1. Allowing retention of prohibited exotic vegetation within bald eagle nest
protection zones.
2. Where such vegetation has been planted to mee scape requirements for
the County.
3. Retention of Java plum on single-family lot to the proposed criteria.
Upon review of the proposed LDC amendment, were note. • h regards to the exemption
for individual single family dwelling units. T• elude referenc. oning districts where a
single family dwelling unit on an individua is allowed and restr is as provided for by
special zoning overlay districts. Corrections ma. 11 have n• impact on DC provisions, as
the single family exemption has been previously i ete• •ply to all z• districts where
an individual single family dwellin ay be con
FISCAL & OPERATIONAL IMP •rocess -termining when Java plum trees
may remain on single family lots when •ro propose. be administrative, without the
public hearing require Specime ees, to the o property owners and the
County.
A procedure will be `•at oped incorpo : • • into the building permit and/or inspection
process for retention o• e is sh• be minimum cost to simply modify an
inspectio• • adm is • 'on.
Homes -rs will recei t say by not ha g to remove very large trees, where such trees
would of 'se be requir be re -d. The cost of physically removing large trees is more
than if the t k .re treated in e wit' bicide, in lieu of removal. Both methods are allowed
by the LDC,th. 3a. er being e yed mostly on larger properties.
It is important to no'. .t w i ava plums are allowed to remain, they will likely spread onto
neighboring properties. • 11 add additional costs for maintenance for these adjacent
properties, if new trees be_ • grow.
RELATED CODES OR REGULATIONS:
3.05.09 Designation of Specimen Tree
6.01.04 Removal of Exotic Plants Required
GROWTH MANAGEMENT PLAN IMPACT: The proposed LDC amendment along with
qualifications/conditions for removal and retention of this vegetation has been deemed by staff to
be consistent Conservation and Coastal Management Element (CCME) Policy 6.1.4. The CCME
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Policy is provided below. Other GMP Policies require removal of invasive exotic vegetation
from preserves, preserve buffers and mitigation areas.
Policy 6.1.4:
Prohibited invasive exotic vegetation shall be removed from all new developments.
(1) Petitioners for site plan or plats shall submit and implement plans for invasive exotic plant
removal and long-term control.
(2) The petitioners for development permits shall prepare and submit native vegetation
maintenance plans, which describe specific techniques to prevent re-invasion of the
development site by prohibited exotic vegetation of the site 'n perpetuity.
(3) The County shall maintain a list of prohibited invasive • vegetation species within the
Collier County Land Development Code and will upd. list as necessary.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
1 3.05.08 Requirement for Removal of Prohibite• - otic Veget- ion
2
3 Prohibited exotic vegetatic r •ecifically in.,,,A_ - _`following:
4 Earleaf acacia (Acacia auricalqr.
5 Australian pine(Casuarina sp,
6 Melaleuca (Melaleuca spp.)
7 Catclaw mimose 4'sosa pigra)
8 Downy rosemy►" -:smyrtus t•- ,-ntos-
9 Brazilian pee .chi rebinthi s
10 Java plum ( A - •iumcu
11 Women's tong . bizia I: _ eck)
12 Climbin• fern (Lye
13 Ai r: core.
14 ea • ina ._ ,. a)
15 i rotwood (C s psis W `` -rdioide
16
17 A. Ge
18 1. ,gy'-•hibited ex.."0. vegeta °r•n removal and methods of removal shall be
19 c• f; cted in ace 'ante with the specific provisions of each local development
20 or.
21 2. Nativ- • yet• shall be protected during the process of removing prohibited
22 exotic v = =d ra , in accord with the provisions of LDC section 3.05.04.
23 3. Prohibited . ''•tic vegetation shall be removed from the following locations, and
24 within the following timeframes:
25 a. From all rights-of-way, common area tracts not proposed for
26 development, and easements prior to preliminary acceptance of each
27 phase of the required subdivision improvements.
28 b. From each phase of a site development plan prior to the issuance of the
29 certificate of occupancy for that phase.
30 c. From all golf course fairways, roughs, and adjacent open space/natural
31 preserve areas prior to the issuance of a certificate of occupancy for the
32 first permitted structure associated with the golf course facility.
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1 d. From property proposing any enlargement of existing interior floor space,
2 paved parking area, or substantial site improvement prior to the issuance
3 of a certificate of occupancy.
4 4. In the case of the discontinuance of use or occupation of land or water or
5 structure for a period of 90 consecutive days or more, property owners shall,
6 prior to subsequent use of such land or water or structure, conform to the
7 regulations specified by this section.
8 5. Verification of prohibited exotic vegetation removal shall be performed by the
9 _ _ _ • - • - •--- _ - _ •- . -. -. - - County Manager or
10 designee.
11 6. Herbicides utilized in the removal of prohibited -xotic vegetation shall have
12 been approved by the U.S. Environmental Pr._- 'n Agency. Any person who
13 supervises up to eight(8) people in the ap in of pesticides and herbicides in
14 the chemical maintenance of exotic veg-, preserves, required retained
15 native vegetation areas, wetlands, or a sh: ° 'iaintain the Florida Dept. of
16 Agriculture and Consumer Service cation atural Areas Pesticide
17 Applicators or Aquatic Herbicide °•- ° -tors depen•° pon the specific area to
18 be treated. When prohibited ) `vegetation is re -d, but the base of the
19 vegetation remains, the base s y$ .•e treated with an U.` *vironmental
20 Protection Agency approved her•-:,:>- and a al tracer • all be applied.
21 B. Exotic vegetation maintena ce plan.A m- a► . -n shall be si . ed to the
22 - _ _ • - - _ -. _ _ a .unt Mana•L , 4 r-si•nee for review . sites which
23 require prohibited exotic v- o, a+ z,_removal p >> • the issuance of the local
24 development order. This mai -n shall • 'be specific techniques to
25 prevent reinvasion by prohibite. = oti - ation • - site in perpetuity. This
26 maintenance pl. • •e imple ° ' ed on - basi . minimum. Issuance of the
27 local develop k - : -1 -hall be •Y. ing - ••rov- of the maintenance plan.
28 Noncomplia shall c• 'kw q° iolati• his section. The development
29 - - - - -- - z_ ty Manager or designee shall inspect sites
30 periodically afte i e certific- - 'f occupancy, or other final acceptance, for
31 co • 'i -- ith th i
32 C. • -w s .16 Pires a _ a•dlt . on single-family and two-family lots. In
33 ion to th- req k ,ents of tion, the applicant shall be required to
34 = .•ve all prohr•r exo _ .,-getation •efore a certificate of occupancy is granted on
35 a -w principal o =ra. ess• p ructure and any additions to the square footage of
36 the • .•al or acces stru -son single-family or two-family lots. This shall not
37 apply t• : s, awnings, = •anas, utility storage sheds, or screened enclosures not
38 having a ,h,>; perviou weather. This shall not apply to interior remodeling of any
39 existing stru `.F
40 The removal o`' 'h.' h---' exotic vegetation shall be required in perpetuity. Upon
41 issuance of a veg-h-11. removal permit, subject to the provisions in LDC section
42 3.05.02 F and G, pr•'"ibited exotic vegetation may be removed
43 - - - - - • =- - z. • - - -= - - -•- - -
44 heme-(M ), prior to issuance of a building permit.
45 D. Exceptions. Prohibited exotic vegetation may remain on property when the County
46 Manager or designee receives a request from the property owner to retain the
47 vegetation. The County Manager or designee shall approve such a request upon finding
48 that no less than one of the following criteria has been met.
49 1. The prohibited exotic vegetation has been previously approved through the
50 County development review process and planted in accordance with the
51 landscape requirements for the County.
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1 2. The subject lot is developed with, or proposed to be developed with, a single
2 family dwelling unit, and:
3 a. is not within the RFMU Sending Lands overlay district; and
4 b. is not within a NRPA overlay district; and
5 c. is not located on a undeveloped coastal barrier island; and
6 d. the vegetation requested to be retained is an existing Java plum tree(s)
7 that has attained a single-trunk diameter at breast height(DBH) of 18
8 inches or more.
9 3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such
10 vegetation occurs within a bald eagle nest protection zone, removal shall be in
11 accordance with the FWC Bald Eagle Managem-nt Plan and FWC Bald Eagle
12 Management Guidelines, or as otherwise pe by the FWC and/or USFWS.
13 Where a bald eagle nest is determined to b- as defined by the FWC, such
14 vegetation shall be removed as required = section 3.05.08.
15 # # # # # # # # • # # # #
16
17 F. The following exceptions shall apply wh: " ''t-`'e are no ba • -=.•le nests:
18 1. A vegetation removal permit f. :ring 1 acre or les -nd shall not be
19 required for the removal of pro ,_, . -d vegetation, other - a specimen tree,
20 on lots subdivided forenly-singl- 'ly us- - -221 !AVOW
2 _. a, •_ __ •••- e--' e.- _ - tto LDC section .05.02
23 F.1.a.—c. This exem• not apply •ts on undevebped coastal
24 barrier islands or in the . - ST or R •verlay districts or to the Rural
25 :- -- - - 4,, en - ' -r nativ> • =,•etation protection
26 requirem: not allo 1 full clean
27 a. � -•ermit h "° leen a p- miffed principal
28 ucture • buildin- serve- e clearing permit); or
29 b. - permitt, •rincipa cture has been constructed, and the
30 p -,w=, y o or author `-:* agent is conducting the removal, and the
31tota - clear-'- site does not exceed one acre; and
32 I ne-• - nviro .e s or management plans have been
33 ='ned the appr. ' - local, state and federal agencies. These
34 pe ma - de but ar- not limited to permits for wetlands impacts
35 or fo 04 -d sp -'0- protection.
36 # # • # # # # # # # # #
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department Staff
DIVISION: Planning and Zoning
AMENDMENT CYCLE: 2015 LDC Amendment Cycle l
LDC SECTION(S): 2.03.09 Open Space Zoning Districts
4.02.03 Specific Standards for Location of Accessory Bui and Structures
CHANGE: To re-codify a 50-foot setback require cie" for ,1 .i9, ouse, maintenance building,
and accessory uses from abutting residential a al. t n-residents t ; tricts. Landscaping and a
Type "B" buffer shall also be provided adjacee. e golf course • -rty line. Besides adding
the setback requirement for non-residential • Nr.�:. ts, this amendment ts a minor scrivener
error.
REASON: Prior to the re-codificat t the LDC in ,. :ection 2.2.1.4.3 o ' e Golf Course
(GC) zoning district contained a 5044r.'F :am s,ck for th•-i. ,termitted accessory uses adjacent to
any residential district. Currently, the ,:,00 rlr.: of addr : accessory use setback require-
ment between golf course maintenance ti-,,L•ing : resi. 41 '•.I or non-residential property.
When Ordinance 200., .. wa do,,ted, th •. seg. at' e • District was created to include
the GC zoning distri.- t limite. _ - provisi.e ' es to go ' .urse and only normal accessory
uses including certain .f a co ercial natio, By Ordinance 2008-11 all the permitted, ac-
cessory, and .••itional . w ea :- Q.v' ted ws r. t acknowledgement of the setback require-
ment for . ..r ��es � her p enr4 es.
This a rt -•e ent to LD 'on 2.-2. !,` A.1.b.6°'=instates an earlier provision and applies the
County's -nt prac 1 require a landscape buffer. Section 2.03.09 A.1. is a
'
scrivener's c.7a`1;a„tion to chane MF of"saistrict to "GC" district.
Staff reviewed se en approsite development plans for golf course maintenance building
setbacks with abuttint. ides c, P and non-residential zoned properties. The review found a 50-
foot setback would not new non-conforming structures.
This amendment follows a recent Collier County Planning Commission petition heard in Febru-
ary 2015. The petitioner requested several deviations, one from the landscape buffer that miti-
gates the impact of proposed multi-family residences from the existing single family residences
and golf course maintenance facility at Lely Hibiscus Golf Club. The applicant stated where the
proposed development abuts the existing golf course, no landscape buffer has been provided, as
the Landscape Code does not require a buffer in this location and the golf course was considered
to act as a buffer. After hearing from the public, the existing residents and CCPC supported
staff's recommendation that a Type B landscape buffer be applied along the property line to
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screen the harsher visual aspects of urban development. The landscape buffer shall be pursuant
to LDC section.4.06.02.C.
In looking into neighboring counties, Lee County's golf course district sets forth a minimum golf
clubhouse rear, front, and side yard setback of 50 feet plus one-half('/2) the height of the building
or structure from abutting residential neighborhoods. Because the current code does not address
any setback for a clubhouse, the code is amended to create a 50 feet setback standard.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: Ordinance 92 ' Ordinance 2004-41 and 2008-
11. Lee County LDC Section 111/4-372 Golf Course Distr.,
GROWTH MANAGEMENT PLAN IMPACT: Not.
OTHER NOTES/VERSION DATE:
Prepared by: Richard Henderlong, Principal Pottier, 4/17/15
Amend the LDC as follows:
2.03.09 Open Space Zoning Distr 4r
A. Golf Course District "GC". The p ®k•se aµa'+101 - t of"t`.;', .istrict is to provide lands
for golf courses ® a.teal acces •, use 1 zee cour -'- including certain uses of
a commerce +� e. TMs. C distri Pal •, `' a•Td� ce with the urban mixed use
district and t •ricultura " a al distri • t '='future I.r: use element of the Collier
County GMP.
1. e follow a b -t • dentify`` ;- uses that are permissible by right and
that=177` -t6 = ccelZ®ry or conditional uses in the RMF 6
GC
4/f ed
1 G:'": •urse .
Acces "eft Uses.
1. - and structures that are accessory and incidental to uses
p a itted as of right in the GC district.
eational facilities that serve as an integral part of the per-
ed use, including but not limited to clubhouse, community
enter building, practice driving range, shuffleboard courts,
swimming pools and tennis facilities, snack shops and re-
strooms.
3. Pro shops with equipment sales, no greater than 1,000 square
feet.
4. Restaurants with a seating capacity of 150 seats or less provid-
ed that the hours of operation are no later than 10:00 p.m.
5. A maximum of two residential dwellings units for use by golf
course employees in conjunction with the operation of the golf
course.
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6. Golf maintenance buildings.
c. Conditional uses. The following uses are permissible as conditional
uses in the GC district, subject to the standards and provisions estab-
lished in LDC section 10.08.00.
1. Commercial establishments oriented to the permitted uses of
the district including gift shops; pro shops with equipment sales
in excess of 1,000 square feet; restaurants with seating ca-
pacity of greater than 150 seats; cocktail lounges, and similar
uses, primarily intended to serve patrons of the golf course.
# # # # # # # # tA# # # # #
4.02.03 - Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the
term "accessory structure" shall include detached and attached accessory
use structures or buildings notwithstanding the attachment of such struc-
ture or building containing the accessory use to the principal use structure
or building. Accessory buildings and structures must be constructed simul-
taneously with or following the construction of the principal structure and
shall conform with the following setbacks and building separations.
Table 4. Dimensional Standards for Accessory Buildings and Structures on Wa-
terfront Lots and Golf Course Lots in Zoning Districts other than Rural Agricul-
tural (A) and Estates (E)** 2
r Setbacks
Structure to
nt Rear Side structure
(If Detached)
1. Parks-6 -rage or ca , sing milt' SPS SPS SPS 10 feet
uyY
2. ,•arking uctures SPS SPS SPS 10 feet
3. Multistoryp:TA f4'' tructures SPS SPS SPS 1/11
4 Swimming pool and/or screen enclosure SPS 103 SPS N
(one- and two-family) feet
5 Swimming pool (multi-family and commer- SPS 20 15 feet N
cial) feet
6. SPS 10 feet
Tennis courts (private) (one- and two- SPS 15
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family) feet
Tennis courts (multi-family and commer- SPS 35 SPS 20 feet
cial) feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 10 feet
feet
Seesubsection 5.03.06F.
Al
9. Utility buildings SPS 10 feet 10 feet
o
10. Chickee, barbecue areas fee, SPS N
11. Davits, hoists and lifts I N/A N/ 7.5 ffee 15 SPS
12. Attached screen po SPS 04 SPS SPS
IL
13. Unliste ssory SPS1b,SPS 10 feet
14. Docks, dec s a d moo pilings N/A N/AAt1.5 feet or 15 N/A
feet
15. nd r priv N/A 7.5 feet N/A
15
16. Satellite di ten NP feet SPS 10 feet
10 See Sec.
17. Perman er en7 enerators NP feet 4.02.01 D.13 N/A
18. Golf clubhouse andigrenance building 50 50 50 N/A
N = None.
N/A = Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
** = All accessory structures in Rural Agricultural and Estates zoning districts must meet
principal structure setbacks.
1-1 foot of accessory height = 1 foot of building separation.
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2In those cases where the coastal construction control line is involved, the coastal
construction control line will apply.
320 feet where swimming pool decks exceed 4 feet in height above top of seawall
or top of bank, except Marco Island and Isles of Capri which may construct to a
maximum of seven feet above the seawall with a maximum of four feet of stem
wall exposure, with the rear setback of ten feet.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall
or top of bank, except Marco Island and Isles of Capri which may construct to a
maximum of seven feet above the seawall with a maximum of four feet of stem
wall exposure, with the rear setback of ten feet.
'ear ::.
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Land Development Code Amendment Request
ORIGIN: Growth Management Department
AUTHOR: Growth Management Department
DIVISION: Planning and Zoning
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1
LDC SECTION(S): 4.08.07 SRA Designation
CHANGE: LDC section 4.08.07 J.1.A is Collier County's RLSA Overlay SRA Characteristics
Chart. The chart refers to underlined uses, however there are no underlined uses. This
amendment reinstates the underlined uses not required for SRA designations within the Rural
Land Stewardship Area (RLSA) District. The word "workforce" is being added to the affordable
housing density bonus and the amendment shall clarify Policy 4.7 pertains to the RLSA in the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP).The previous RLSA
Overlay SRA Characteristic Chart is removed and replaced with four tables to create a better
illustration of a Town, Village, Hamlet or Compact Rural Development form of SRA
development.
REASON: Pursuant to Ordinance 2007-18, the amendment corrects a scrivener error to identify
those required uses from those uses not required within the RLSA district. For utilitarian
purposes, a tabular format replaces the chart. In compliance with the ordinance, the word
"workforce" to affordable housing density bonus is reinstated. The amendment also clarifies
Policy 4.7 refers to the RLSA in the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP). Footnotes have been removed and relocated to the relevant form of
SRA development or appropriate section.
FISCAL;& OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
Ordinance 2007-18.
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE:
Prepared by Richard Henderlong, Principal Planner, 4-8-15
Highlight table text in grayscape is to denote new text to be added.
Amend the LDC as follows:
1 4.08.07 SRA Designation
2
3 J. Design Criteria. Criteria are hereby established to guide the design and development of
4 SRAs to include innovative planning and development strategies as set forth in §§
5 163.3177 (11), F.S. and Chapter 9J-5.006(5) (I), F.A.C.. The size and base density of
1
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1 each form of SRA shall be consistent with the standards set forth below.The maximum
2 base residential density as specified herein for each form of SRA may only be
3 exceeded through the density blending process as set forth in density and intensity
4 blending provision of the Immokalee Area Master Plan or through the affordable housing
5 density 13-bonus as referenced in the dDensity Rating System of the FLUE Future Land
6 Use Element. The base residential density is calculated by dividing the total number of
7 residential units in an SRA by the acreage therein that is entitled through Stewardship
8 Credits. The base residential density does not restrict net residential density of
9 parcels within an SRA. The location, size and density of each SRA will be determined on
10 an individual basis, subject to the regulations below, during the SRA designation review
11 and approval process.
12 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA
13 District have been established in the Goals,_Objectives,_and Polices, of the
14 RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent
15 with the characteristics identified on the Collier County RLSA Overlay SRA
16 Characteristics Chart and the design criteria set forth in 2. through 6. below.
17 a. SRA Characteristics Chart consist of the following Tables: A-Town, B-
18 Village, C-Hamlet, and D-Compact Rural Development.
19 - e - - - , - . - - . . - ' ' . -
Typical
Charact Town* Village Hamlet Compact Rural Development
cristics
Siz-e 1,000 4,000 100 1,000 100 Acres or - -
-
•
{Gross X10 100 acres** -
Acres) acres acres less** Acres**
Resides I
tial
Unite
-141:46.) 1 1 DUs per 1 1 DUs per 1/2 2 DUs per 1/s- 2 DUs per 1 4 DUs per
per acre*** acre*** acre*** acre*** ***
gross
gross gross gross gro-s gro-s acre
acre
base
density
niversity r'f � Y
tial cad Singie-family Wigle-family
Housin limited multi and limited multi and limited multi
St housing types, housing types, family family**** family****
styles, lot sizes
Retail& Office
Retail & Office Retail& Office Retail & Office Retail & Office
GividiGevemme -5 -5 -5 -5
Mamie -6 ntal/Institution ntal/Institution ntal/Institution ntal/institution
m#leer Manufactg/Li :6 :6 .6 :-6
rate or Group Housing Group Housing Group Housing Group Housing
:45 45 .15 45 45
Group Housing Transient Transient Transient Transient
.45 Lodging 26 upa Lodging 26 upa Lodging 26 upa Lodging 26 upa
Transient net net net net
Lodging 26 upa
2
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net { ------
Town Center
and
Neighbefileed Village center Village renter
Goods-and
with
Services in Nghtochoed withConvenience Convenience
Neigh-bar-hoed
Goods Geods-and Goods and I Goods and Geodsrand
and centers: Services: Services:
Services in Services in
Service Minimum 65 SF Minimum 10 SF Minimum 10 SF
s grass building village centers: grass building
Minimum 25 SF Minimum 25 SF
grass building arca per DU area-per-DU gross building
-Gorse-rate j area per DU arca per DU
Office,
Manufactu-ring
and Light
Industrial
Water Centralized or Centralized or Individual Well Individualell Centralized or
and and Septic and Septic
decentralized decentralized decentralized
\nim ity GOR211:11411-ity System: System: community
ate{ treatment ( treatment Centralized or Centralized or
treatment
system decentralized decentralized system
community
Interim Well and
treatment "n4F461-14it21 Interim-Well-and
treatment
SePt+c Septi{ 6 ptis
system I system e
Community
Parks42S8 Parks & Public Parks & Public
SF/DU) Green Spaces Green Spaces
Parks & Public
with with
Green Spaces Neighborhoods Public Green Public Green
Reereati with Active Spaces for Spaces for Asti-ye
on avid Neighborhoods Neighborhoods .
Offen Active Courses (Minimum 1% of {Minimum 1% of Courses
Spaces Recreation/Golf Lakes gross acres) gross acres) Lakes
Courses Open Space Open Space
Lakes a es o Minimum 35% of
Open Space SRA SRA
Minimum 35% of
SRA
-Civic,
Govern Wide Range of Moderates ge Moderate Range
{Pent Services— of Services Limited Services of Services
and minimum 15 411#14 44114R11-1-0 Pre K through Pre K through minimum 10
Institutio SF/DU SF/DU; Elementary Elementary SF/DU;
nal Full Range of Full Range of Schools Schools Full Range of
Service Schools Schools Schools
s
Auto Auto Auto Auto Auto
Trans-pa intereannested interconnected intersannected interconnected intereennested
rtation system of system of system of local system of local system of
collector and roads roads
3
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local roads; local roads; Pedestrian Pedestrian local roads;
required required Pathways Pathways required
connection to Equestrian Trails Equestrian Trails connection to
collector or collector or collector or
arterial arterial arterial
triterpennested d
sidewalk-and sidewalk and sidewalk-and
pathway system
County Transit Equestrian Trails (Equestrian Trails
asses, County Transit County Transit
assess asses.,
1 * - - - - - -• - - • •'• -- - - - - .!' I ' - --- .
•
•
3 --- -• - -e • - •••• - -• , - e . e.e A. .e • - - _ - - - .e.-- - - - - " _ -,
4 FAC.
5 *** •
-- - - "- "- -" - - --- - '
6 density Bonus or through the density blending provision, per policy 1.7.
7 **** Those CRDs that include single or multi family residential uses shall include proportionate
8 support services.
9 Underlined uses are not required uses.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4
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1
Table A -Town
Typical Town
Characteristics Towns are •rohibited within the ACSC, •er section 4.08.07A.2.b
Size (Gross Acres) 1,000-4,000 acres
1-4 DUs per gross acre (Density can be increased beyond the base
Residential Units density through the affordable wgorce housing density bonus or
(DUs) per gross through the density blending provision, per RL$kI,policy 4.7 g t
acre base density FLUE of the GMP.)
Required Uses Uses Not Required
Residential Housing Full range of single family and multi-
Styles family housing types, styles, lot sizes
Retail & Office 5 Manufacturing/Light
Maximum Floor Industrial - .45
Area Ratio or Group Housing - .45
Intensity Civic/Governmental/Institution - .6 Transient Lodging - 26 upa
net
Town Center with Community and Corporate Office,
Goods and Services Neighborhood Goods and Services in Manufacturing and Light
Town and Village Centers: Minimum Industrial
65 SF gross building area per DU
Water and Centralized or decentralized Interim Well and Septic
Wastewater community treatment system
Community Parks (200 SF/DU)
Recreation and Parks & Public Green Spaces w/n Active Recreation/Golf
Open Space Neighborhoods Courses
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental Wide Range of Services- minimum Full Range of Schools
and Institutional 15 SF/DU
Services
Auto - interconnected system of
collector and local roads; required
connection to collector or arterial
Transportation Interconnected sidewalk and
pathway system
County Transit Access
3
4
5
6
7
8
9
10
11
12
13
5
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Table B -Village
Typical Village
Characteristics
100-1,000 acres (Villages within the ACSC are subject to location
Size (Gross Acres) and size limitiations, tt section 4.08.07.A.2 of this Code, and are
subject to Chapter 28-25, FAC.)
Residential Units 1-4 DUs per gross acre (Densit can be increased beyond the base
(DUs) per gross density through the affordable ,rte° 1F:"= housin density bonus or
acre base density through the density blendin rovision, •er olicy 4.7112
Required Uses Uses Not Required
Residential Housing Diversity of single family and multi-
Styles family housing types, styles, lot sizes
Maximum Floor Retail & Office- .5 Group Housing - .45
Area Ratio or Civic/Governmental/Institution- .6 Transient Lodging - 26 upa
Intensity net
Village Center with Neighborhood
Goods and Services Goods and Services in Village
Centers: Minimum 25 SF gross
building area per DU
Water and Centralized or decentralized Interim Well and Septic
Wastewater community treatment system
Parks & Public Green Spaces w/n
Recreation and Neighborhoods(minimum 1% of Active Recreation/Golf
Open Space gross acres) Courses
Lakes
Open Space Minimum 35% of SRA
Civic, Governmental Moderate Range of Services-
and Institutional minimum 10 SF/DU Full Range of Schools
Services
Auto - interconnected system of
collector and local roads; required Equestrian Trails
Transportation connection to collector or arterial
Interconnected sidewalk and County Transit Access
pathway system
1
2
3
4
5
6
7
8
9
10
11
12
13
14
6
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1
Table C - Hamlet
Typical Hamlet
Characteristics
40-100 acres (Hamlets within the ACSC are subject to location and
Size (Gross Acres) size limitations,Da section 4.08.07.A.2. of this Code, and are
subject to Chapter 28-25, FAC.)
Residential Units 1/2-2 DUs per gross acre (Density can be increased beyond the
(DUs) per gross base density through the affordable. r housin. density
bonus orthrou•h the densit blending provision, per ; `J policy
acre base density 4.7 /d;iW if
Required Uses Uses Not Required
Residential Housing Single Family Limited Multi-family
Styles
Civic/Governmental/
Maximum Floor Institution- .6
Area Ratio or Retail & Office- .5 Group Housing - .45
Intensity Transient Lodging - 26 upa
net
Convenience Goods and Services:
Goods and Services Minimum 10 SF gross building area
per DU
Water and Individual Well and Septic System Centralized or decentralized
Wastewater community treatment system
Recreation and Public Green Space for
Open Space Neighborhoods(minimum 1% of
gross acres)
Civic, Governmental Limited Services
and Institutional Pre-K through Elementary
Services Schools
Auto- interconnected system of local
Transportation roads
Pedestrian Pathways Equestrian Trails
2
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Land Development Code Amendment Request
ORIGIN: Staff Clarification
AUTHOR: Paula Fleishman, Impact Fee Coordinator
DIVISION: Growth Management Department
AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1
LDC SECTION(S): 10.02.07 Requirements for Certificates s "' ' .blic Facility Adequacy
CHANGE: To amend the Certificates of Public Facilit -ui .cy (COA) provisions as follows:
1. Within LDC section 10.02.07 B, there ar- :'N exemptio • temporary permits: 1) for
temporary construction and developme.. its and, 2) for .orary use permits. Each
includes a time limit, "not to exceed . = ulative period of ." It is proposed that
this timeframe is removed for both of th4: emption
2. To allow applicants who h e.id 100 per s e estimated tran .rtation impact
fees at a prior impact fee rat: fi o now ho t .alance in excess of the current rate,
to transfer the remaining ba :0, e /other ap ed project within the same, or
adjacent, transportation impact /istrt
REASON:
... ti:.
M�v
1. Temporary use- - gener.,-s replace. ° sermanent structures that will be required to
obtain a COA or e + • ce ction is complete. For example, temporary
co/zi d d- - ,..ts 0.� a Temporary Model Sales Center and
.orary ,to-, Flo -rmits a ���: ',• "•r three years. However, the current COA
• ption is It ti'r-. to ‘74 ear ear an. `"`e permitted temporary uses are subject to
o R0.0'ng a COA. `�� tough gar Jr permits for these temporary uses exceeds the COA
exe alta , due to thek`tia/ .orar ;:`fig re of these structures, it is proposed the process used
to man.; r. oncurrency�•,-3.ted matters is more appropriately addressed with approval of
the final p.i o. ent strut e.
Temporary con �,i,rF:a'= '.nd development permits present a similar example and are
issued for structur-:./ch as temporary administrative offices, temporary onsite storage
facilities, or temporary watchman or caretaker's residences and must be associated with
an approved development order that is required to obtain a COA. Again, due to the
temporary nature of these structures, it is proposed the process used to manage
concurrency-related matters is more appropriately addressed with approval of the final
permanent structure or development.
2. Beginning on February 6, 2003, applicants were required to pay 100 percent of road
impact fees to obtain a COA in perpetuity. After June 14, 2011, this percentage was
reduced and applicants were required to pay 33 percent of road impact fees to obtain a
1
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COA. Additionally, the rates charged prior to June 14, 2011, were approximately 40
percent higher than current rates. Therefore many projects have paid more than 100
percent of the current road impact fee.
Currently LDC section 10.02.07 D.2.b allows for any unspent impact fees to be
transferred to another approved project within the same, or adjacent, transportation
impact fee district only upon build out of the development. However, allowing road
impact fees paid in excess of 100 percent of current rates to be transferred prior to build
out of the development will allow the previously paid funds to be applied toward road
impact fees due for other applicable projects while eliminating certain overpayments of
estimated fees.
FISCAL & OPERATIONAL IMPACTS: w ,r
1. Impact fees will not be paid for a tempora ‘'„ a' ct ` y
::,'ut will be collected prior to
approval of the final permanent structure. rfit;
2. A journal entry will be processed for at, ')v'paid road imp ' .-es that are transferred to
an adjacent road district.
RELATED CODES OR REGULATIONS Ci ir- C• a i';',`Code of L. i3 .nd Ordinances
Chapter 74
GROWTH MANAGEMENT PLA'' `N,..T: Ther _.- no anticipated impacts to the
.414
Growth Management Plan at this time
OTHER NOTES �.,°�° 1 '' `..'., E:
Prepared by Stefani.'" >", rocks, P er, 10/ �. '�+' :'-remy ;,'ii--, 3/18/15, 3/23/15, 4/14/15
• •
Amend the LDC as folio :
1 10.02.0 `equir -. for 6;'-'.- cates o ` cility Adequacy
2
3 A. = I- ally. This se ' r )° applies _� any use or development that generates additional
4 imp-V,,-;or demands oioublic -=`,4.; ;es. This section ensures that adequate public
5 faciliti--= a- available C ;;no dev- pment orders subject to concurrency regulation are
6 issued u 4....-= adequate •lic facilities are available to serve the proposed
7 developmen e::ii,,.. luding la g1i not limited to the Transportation Concurrency Management
8 System and t` 4 . bli• W1=ool Facilities Concurrency.
9 B. Exemptions. Th ''0 .p Yg are exempt from this section:
10 1. All valid, un- •fired final development of regional impact(DRI) development
11 orders which were issued prior to adoption of the Collier County Growth
12 Management Plan on January 10, 1989, except where:
13 a. Development conditions or stipulations applicable to concurrency, or the
14 provision of adequate public facilities concurrent with the impacts of
15 development, exist in the DRI development order, or
16 b. Substantial deviations are sought for a DRI development order. (This
17 section applies only to those portions of the development for which the
18 deviation is sought);
19 c. The county demonstrates pursuant to F.S. § 380.06 that substantial
20 changes in the conditions underlying the approval of the development
2
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1 order have occurred or the development order was based on substantially
2 inaccurate information provided by the developer or that the application of
3 this section to the development order is clearly established to be essential
4 to the public health, safety and welfare; or
5 d. The new requirements would not change or alter a DRI development
6 order that they would materially or substantially affect the developer's
7 ability to complete the development authorized by the DRI development
8 order.
9 2. Construction of public facilities that is consistent with the Collier County Growth
10 Management Plan.
11 3. Temporary construction and development permits and any subsequent renewals
12 not to exceed a cumulative period of 1 year '.
13 4. Development orders permitting replacement, reconstruction or repair of existing
14 development consistent with all elements:of the;Growth Management Plan.
15 5. Temporary use permits and any subsequent renewals not to exceed a
16 cumulative period of 1 year.
17 6. For public school facilities, the following shall be exempt from the terms of this
18 section.
19 a. Single family and mobile home lots of record, existing as of October 14,
20 2008, the effective date of`the public school concurrency agreement
21 under the 2008 Interlocal Agr-z,,tre '4etween Collier Cou ty and the
22 District Schooland of Collier z,,
s1 ty.
23 b. Any new resid� �Twelopment t : had a final subdivision plat or site
24 development plan ,apprcyal as of the of ective date of school concurrency,
25 October 14, 2008 ,; .
26 c. Any amendment torany previo411y pproved.presidential development
27 order that does not inCrease, t ri�l , r of dwelling units or change the
28 dwelling unit type (e.gsingle family to multi-family).
29 d. Age-restricted communitieswith no permanent residents under the age of
30 18 years. Exemption of an age-restricted community will be subject to a
31 restrictive,covenantlimiting the age of permanent residents to 18 years
32 and older.
33 :: e. All,new residential subdivision plats and site development plans or
34 :,x, amendments to previously'approved residential development orders,
35 ;, which are calculated to generate less than 1 student.
36Development that has been authorized as a Development of Regional
37 Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005.
38 7. Developments that claim vested status from the Growth Management Plan
39 adopt January 10, 1989 and its implementing regulations and have a
40 determination of vested rights for a certificate of public facility adequacy in
41 accordance with LDC section 9.02.00.
42 C. Certificate of Public Facility Adequacy(COA) for Roadways.
43 1. Applicability. The issuance of a COA for roadways shall demonstrate proof of
44 adequate roadways to serve the development approved by the development
45 order.
46 2. Issuance of a COA for roadways.
47 a. A COA for roadways may be issued subsequent to estimated road impact
48 fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the
49 approval of one of the following:
50 i. A final subdivision plat and amendments thereof;
51 ii. A final approved ste development plan or site improvement plan
52 and amendments thereof;
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1 iii. A building permit or mobile home tie-down permit issued by the
2 County; or
3 iv. Pursuant to the terms of an enforceable development agreement
4 with Collier County pursuant to the provisions of F.S. § § 163.3220
5 -163.3242 or other agreement acceptable to the Board of County
6 Commissioners, in conjunction with the approval of a development
7 order and/or a certificate of public facility adequacy.
8 3. Exceptions. Non-residential developments (i.e. commercial or industrial)
9 otherwise required to obtain approval of a site development plan prior to the
10 issuance of a building permit or applicants for a final subdivision plat may elect
11 to:
12 a. Comply with the applicable regulations of this section as to one or more of
13 the lot(s) of the final subdivision plat and obtain a COA specifically for just
14 that lot or lots at a specified intensity of development; or
15 b. Delay submitting a Transportation Impact Statement (TIS) and obtaining a
16 COA for all of the proposed lots, or just tlose,remaining lots not then
17 already complying with thissection, until a required site development plan
18 is applied for and the terms,of this section are then,complied with
19 including payment of estimated transportation impact;fees. However, the
20 subject development is not allocated any available road system capacity
21 or considered eligible to be vested fpil `nsportation concurrency
22 purposes until approval of a TIS; payment of estimated Transportation
23 Impact Fees in accordance with thiskrcsubsection, and issuance of a COA
24 in accordance with.Chapters 3, 6, and1Q of the LDC.
25 4. One year Traffic Capacity'Reserv'atl ,,,:to,
26 a. At the time of TIS approval by Mnglneen,ng Services Director or
27 desiigne�ra 1 year Traffic C '� shall be set aside and
28 allocated by4he County Mapager or dea�gnee for the proposed
29 dpvhelopment pending the approval of the final local development orders
30 Identified in LDC subsection 10.02.07 C.2.a.
31 b. Following approval of a final local development order identified in LDC
32 - ,,section 19 2.07 C 2,a, the estimated roadway impact fees shall be paid
33 within 1 year :of the TIS approval to secure the COA.
34 c
4144 . aFailure to e estimated roadway impact fees following the approval
35 of a final„local development order identified in LDC subsection 10.02.07
36 C.2 a within the 1 year of Traffic Capacity Reservation shall require the
37
�,; applicant to re-apply for a COA.
38 d 4,,4j. If a final local development order identified in LDC subsection 10.02.07
39 ;? a is notapproved within 1 year of the TIS approval date, the applicant
40 may petition the Board of County Commissioners to extend the Traffic
41 Capacity Reservation for 1 year.
42 5. Roadway Impact Fee Payment.
43 a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant
44 shall pay the estimated road impact fees in accordance with Code of
45 Laws and Ordinances Chapter 74-302(h) which identifies the amount and
46 the timing of roadway impact fee payments.
47 b. Final Payment of Roadway Impact Fee. Following the estimated roadway
48 impact fee payment, all remaining roadway impact fees shall be paid in
49 accordance with the Code of Laws and Ordinances section 74-302(h)(1).
50 c. Roadway impact fees paid to obtain a COA are non-refundable after
51 payment and issuance.
52 D. Process for Certificate of Public Facility Adequacy for Roadways.
4
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Text underlined is new text to be added.
Bold text indicates a defined term
1 1. Process. The Administrative Code shall establish the procedures and submittal
2 requirements for obtaining a COA.
3 a. An application for a COA for roadways shall be submitted in conjunction
4 with a final local development order identified in LDC
5 subsection10.02.07 C.2.a.
6 b. Application fees for a COA shall be in an amount determined by the
7 Board of County Commissioners and shall accompany the application.An
8 application shall not be deemed complete until the application fees have
9 been paid.
10 2. Assignability and transferability.
11 a. An approved certificate of public facility ..equacy shall run with the land
12 associated with the corresponding de 'r•)•ment approval. A certificate of
13 public facility adequacy shall be as .l�si`u'e within the corresponding land
14 of the approved development, a P 0‘"1lnot be assignable or
15 transferable to other develop :. ;'r =x•Y: .as may otherwise be provided
16 for under an approved dev- e;• -nt ag -nt. This provision does not
17 preclude the re-allocatio 3; •acity betwe=.:' As or parcels comprising
18 the land that is the sub '•V,-'-the same consoll',=:),=• application for
19 development approva t,-z1.,,ong as the original c-,1ii ,ate is surrendered
20along with a written reque'``�;a the the01 urrent own '-. • re-allocate no
21 more than that certificate's p--4,
-a0'u ;lef•roved capaci 1, a re-issued
22 certificate. ;;,°!'
23 b. In the event t " ;'. CO v5.uild-out o"lirt •evelopment estimated
24 transportation i -ct e ° e re still u •,.- t, the remaining balance of such
25 estimated fees ma •e tr ed in a , •ance with Code of Laws and
26 O • 0.•-s section;;J203 •- 0;-� COA 1s,, be modified to reflect the
27al1Ciq-d'o® elopmen
28 c. '0 h he eve •at the e i • 7° vans• ion impact fees are 100%paid
29 "fa.:.:-II deve vinft
m', ent idein the COA and such estimate exceeds the
30 p • ected cap`b lation of th?squired transportation impact fees, the
31 rem.t . = a be : nsferred to another a•'roved •r•'ectwithin
32 ;,•e saris ° adia ' rans•- ation impact fee district.
33 Appea'fiyie, blic itti: ies det 'N on. Appeals shall be consistent with Code of
34 Laws an. '0. nant „�-ction 250- 8.
35 # # # # 'y ;;. * ,.: # # # # # # #
5
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