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CCPC Agenda 05/21/2015 COLLIER COUNTY PLANNING COMMISSION MEETING AGENDA MAY 21, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M.,THURSDAY,MAY 21,2015,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— April 16,2015 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. PUDZ-PL20140000393: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No.2004-41,as amended,the Collier County Land Development Code,which established 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 a Rural Agricultural Zoning District(A), and a Rural Agricultural Zoning District with an ST Overlay(A- ST),to a Residential Planned Unit Development(RPUD)Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD on property located on the east side of Collier Boulevard at 9130 and 9198 Collier Boulevard in Section 11, Township 50 South, Range 26 East, Collier County, Florida consisting of 24.32± acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 1 9. ADVERTISED PUBLIC HEARINGS This item has been continued from the May 7,2015 CCPC meeting: A. PL20140001282/CPSS-2014-2: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Future Land Use Element and Future Land Use Map and Map Series by revising the Livingston/Pine Ridge Commercial Infill Subdistrict to add new and used car sales uses up to 60,000 square feet as an alternative to general and medical uses on the southern 10 acres of the subdistrict's northwest quadrant. The subject property is located at the northwest corner of Pine Ridge Road (CR 896) and Livingston Road intersection in Section 12, Township 49 South, Range 26 East; and furthermore, recommending transmittal of the amendment to the Florida Department of Economic Opportunity; providing for severability and providing for an effective date [Coordinator: David C. Weeks, AICP, GMP Manager] [Companion to PUDZ- PL20140001326] This item has been continued from the May 7,2015 CCPC meeting: B. Petition PUDZ-PL20140001326: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established 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 Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility with associated repair services, up to 60,000 square feet of gross floor area, on property located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No. 94-584, a conditional use for a retail nursery; and providing an effective date. [Coordinator:Mike Sawyer,Project Manager] C. PUDA-PL20140002040: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 92-15, as amended, which re-established Lely, A Resort Community Planned Unit Development (PUD), by reducing the maximum number of dwelling units from 10,150 to 8,946; by amending Section 2.06 entitled "Project Density" and Section 2.07 entitled "Permitted Variations of Dwelling Units"; by amending the market absorption schedule; by amending Section 3.02 entitled "Maximum Dwelling Units"; by amending Section V, C-2 Commercial/Professional to provide that the square footage limitation does not apply to residential dwelling units permitted as part of a mixed use project; and by amending Section VI, C-3 Commercial/Neighborhood to allow C-3 uses and all types of residential dwelling units as mixed use or stand alone for the C-3 parcel at the corner of Rattlesnake- Hammock Road and Grand Lely Drive; by adding Section XV, Deviations, from the Land Development Code to increase the number of signs and the size of signs; amending Exhibit H, the PUD Master Plan to move a C-3 parcel to the east of Lely Grand Drive and adjust acreages to decrease residential uses and increase commercial uses by 6± acres; and providing an effective date. The subject property consists of 2,892 acres located between U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East,Collier County,Florida. [Coordinator: Mike Sawyer,Project Manager] D. An ordinance of the Board Of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 2 — Zoning Districts and Uses, including section 2.03.07 Overlay Zoning Districts, section 2.03.09 Open Space Zoning Districts; Chapter 3 —Resource Protection, including section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, section 3.05.05 Criteria for Removal of Protected Vegetation, section 3.05.07 Preservation Standards, section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation; 2 Chapter 4 — Site Design and Development Standards, including section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, section 4.02.04 Standards for Cluster Residential Design, section 4.06.02 Buffer Requirements, section 4.06.05 General Landscaping Requirements, section 4.08.07 SRA Designation; Chapter 5 — Supplemental Standards, including section 5.04.05 Temporary Events, section 5.06.04 Development Standards for Signs in Nonresidential Districts; Chapter 10 —Application, Review, and Decision-Making Procedures, including section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, section 10.02.06 Requirements for Permits, section 10.02.07 Requirements for Certificates of Public Facility Adequacy, section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Appendix-A Standard Performance Security Documents for Required Improvements; Providing for Conflict and Severability; Inclusion in the Collier County Land Development Code; and an Effective Date. [Coordinator: Caroline Cilek,AICP,LDC Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 3 AGENDA ITEM 8-A Cotner County MEMORANDUM: TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 21, 2015 SUBJECT: PUD-PL20140000393, LIDO ISLES RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) (Consent Agenda) The Collier County Planning Commission (CCPC) heard PUD-PL20140000393 Lido Isles RPUD land use petition at its May 7, 2015 hearing. The CCPC motioned to continue the petition 5-0 subject to the following conditions (staff comment is in italics): 1. Add Bear Management Plan language to Exhibit F: List of Developer Commitments. Please refer to Exhibit F: List of Developer Commitments, Item 5. Environmental, Page 10 of 10 of the PUD Document. 2. Add Deviations to the Master Plan. Please refer Exhibit C: Master Plan, Page 5 of 10 of the Master Plan. 3. Delete note number 4 from the Master Plan. Please refer to Exhibit C: Master Plan, Page 5 of 10 of the Master Plan. 4. Strike through the "Platted Residential or Amenity Center Lots" on the Development Standards Table. Please refer to Exhibit B, Development Standards Table, Page 4 of 10 of the PUD Document. 5. Relocate the Landscape Buffer Easement out of the Utility Easement. Please refer to Exhibit C: Master Plan, Page 5 of 10 of the Master Plan. 6. Provide an interconnect to the south, unless proven to be not feasible. This condition has not been addressed at this time, it will be determined at the time of the Consent hearing. b Planning&Zoning Department •2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net Attachments: A. Lido Isles RPUD Document—strike thru and underline B. Lido Isles RPUD—clean copy END OF MEMO EXHIBIT A LIDO ISLES RPUD PERMITTED USES 1. MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty-one (61)provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). 2. GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: 25' Side Yard Setback: 20'except where adjacent to preserve. Rear Yard Setback: 15'except where adjacent to preserve. Waterbody Setback: 0'from lake maintenance easement or bulkhead Preserve Setback: 25' PUD Boundary Setback: Equal to required width of perimeter landscape buffers FPL Easement Setback: 0' Height: Clubhouse(s): Zoned: 35' Actual: 42' Other uses: Zoned: 25' Actual: 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R"designated areas of the PUD. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Page 1 of 10 H.1201312013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD(PUDZ-PL-20140000393)(CLEAN 5-7-2015).docx PUD Boundary Setback: 10', except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part,for other than the following: A. Principal Uses: 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Two-family and single-family zero lot line dwelling units. 4. Townhouse and multi-family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner("HEX"), as applicable,by the process outlined in the Land Development Code ("LDC"). 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 screen enclosures. 2. 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. 4. PRESERVE/TRACT P 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: 1. Storm water management structures. Page 2 of 10 11:12013\20130991WP1PUD Rezone\Post CCPC\Lido Isles RPUD(PUDZ-PL-20140000393XCLEAN 5-7-2015).docx 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Conservation-related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. Page 3 of 10 IH:120 1 312 0 1 3 09 91WPWUD Rezone\Post CCPC\Lido Isles RPUD(PUDZ-PL-20140000393XCLEAN 5-7-2015).docx EXHIBIT B LIDO ISLES RPUD The Table below sets forth the development standards for land uses within the Lido Isles RPUD. 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. DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape buffers. DEVELOPMENT SINGLE-FAMILY SINGLE-FAMILY TWO-FAMILY& TOWNHOUSE or STANDARDS DETACHED ATTACHED SINGLE-FAMILY MULTI- ZERO LOT LINE FAMILY MINIMUM LOT AREA 4,800 S.F.PER 1,800 4,000 10,000 UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER UNIT UNIT UNIT MINIMUM FRONT YARD1'2 20 FEET 20 FEET 20 FEET 20 FEET • MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET3 0 OR 5 FEET3 0 or 15 FEET MINIMUM REAR yARD4 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 10 FEET 10 FEET 10 FEET 20 FEET BETWEEN STRUCTURES MAXIMUM BUILDING 2 STORIES NTE 35 2 STORIES NTE 35 2 STORIES NTE 35 4 STORIES NTE 50 HEIGHT-ZONED FEET FEET FEET FEET MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET HEIGHT-ACTUAL -.-ACCESSORY:.BTRTICTURRS. MINIMUM FRONT YARD SPS SPS SPS 23 FEET MINIMUM SIDE YARD SPS SPS SPS SPS MINIMUM REAR YARD4 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. ZONED&ACTUAL NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG.=Building;S.F.=Square Feet;N/A=Not Applicable General:Except as provided for herein,all criteria set forth in Exhibit B 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: Where a utility easement encroaches farther into a yard than the allowable setback,the minimum required setback shall be increased to the extent of the utility easement encroaclunent. 2 Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10'front yard setback along the other street frontage.Front entry garages shall be at least 23 feet from back of sidewalk.Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk;however,in no rac-shall the front setback be less than 10'for side entry garages. 3 5' minimum side setbacks for single-family attached,two-family and single-family zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10'separation. Zero feet if adjacent to a landscape buffer or lake maintenance tract.Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. Page 4 of 10 F1:\2013\20130991WP\PUD Rezone\Post CCPCV,ido Isles RPUD(PUDZ-PL-20140000393XCLEAN 5-7-2015).docx C 1.4 "" = ZONED:RPUD(Wfow Ru U -ti,- v 1 M.on los I ( 1i{ s -- -•'tria4 wow-TRACT w �.I ZOO D:RPID(Wow Ruh f' 1 I It aR.9�a.nn.o OW s i�ROAM-6.a.M.Rea • 1 1 " I w(RIcht-of-Wev) OO "�R I -ILT AG4 !� ( Il .� '.T.":'. Tf1AOT RO i i I11rY �uwm pen-,.n nu I f I �. i1 r6.NNW- n Mum ma I 1 Ir '~w AI~- TRACT R '_' + W!` OtMnv+,t n.u.�xac min new MON. I I I• i " - a+..�.F+"R ( 1 WL/ALN� 'ff• 11 II 1.M.T L 1.01 6.1 x -.-rr� _ --- c - .die'_ __ Ii aka,�c+ - 1.24 4.2�ii PM- 11, 4 y .'. I MPI YAM remora.no.um M ranamc spawn 9 S."', I J4LU J -�.A- I W 11 mail x n 0oo�.+POMP=�aaenona N I 1 1 - 1-}TRW's''' X. 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M.I.•ur�, f mrauNan FILL FOLLOW OWM AND AGNA STANDANDI MS DOES I NOT/PST TO O RANAOC!ARMPITS ON01 1.M COWER COMP, G F I (I ( j L-------'- _• •�'�.- Milk A-(Apia/NW Nam M MI.NaD WM101AML ROM Au aUNAM USEMMTS PROPOSED TO DE Ms TNN1 IS FUT SHALL SC MNNTMME0 a6.T M K I ZONED:A-ST M IMEAP0.ITS wCCVAS R OR ARSON;AND WIALL err SE (AQfp.9Me SPOCW IMMT ANN a OMKTm m MC OMMTT KW OIMOLe.F as Treatment Overlay) s FRCP MC LOC r 6.06.01.4 w6.PROMITS 0.4.3-CE SAO N EXCESS 1 I$ FONT.TO ALLOW Tic 6.a-0a-SAC P exCW a i 1.002 MT AS WORN M M MP NASRR PUN. 4.PROM LOC SC IM.AaO"ll.SOCMM36.MI LNO AND PATOMY ( �Ra�nOMM S.MOM WOOD>0POLKS ON MYR SMS OFT V 1 'TA .T: LIDO ISLES W' f8E aMA10:"40RIC 6= ,E. m j CONCEPTUAL R.P.U.D. MASTER PLAN cabin.RA" -= --- M N,..N EXHIBIT C masm: enna 2013.099 COMA C i 0 a 0 w 2 42 ►Mww R.O.W. r a• 3' _ 2' 10' 1a 2 5' 1.I QUE.j I ° ® n ` o0 o I I l sop • .■?- on O2 4 24"cow.yaw cur= GRAVITY WY SEVIER ro 2 c 0 1 1/2"A.C. WEARING COURSE © 12" STABIUZED SUBGRADE Q 8" UMEROCK BASE OD CONCRETE SIDEWALK (WHERE REQUIRED) N TYPICAL ROAD SECTION NOTE: ALL UNPAVED AREAS WITHIN ROW ARE TO BE SEEDED AND MULCHED (OR SODDED AS NOTED). t * IF REQUIRED FOR COUNTY UTILITIES °b 7I wR 7Ji t apl Encore Way LIDO ISLES 13099R0W SK140722 aa.ALJ. owi V" Naples.950 E co 34110 a�R OVx Phone(239)254-2000 R.O.W. SECTION IMO,NS ,a.84 R.J.M. 7/14 HOLE MONIES Florida Certificate of "°"M r. ....."0-A.,... 94[195 40185199025 Authorization Na.1772 EXHIBIT C-1 _2013.099 0011BIT o-1 EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH %2 OF THE NORTH %2 OF THE SOUTHWEST t/4 OF THE SOUTHWEST %4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THE NORTH 'A OF THE NORTH 'A OF THE SOUTH 'A OF THE SOUTHWEST %4 OF THE SOUTHWEST t/4 OF SECTION 11, TOWNSIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA, LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH 'A OF THE NORTH 'A OF THE SOUTHWEST %4 OF THE SOUTHWEST %4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES, COLLIER COUNTY,FLORIDA. Page 7 of 10 H:\2013\20130991WP\PUD Rezone\Post CCPC\Lido Isles RPUD(PIJDZ-PL-20140000393XCLEAN 5-7-2015).docx EXHIBIT E LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42-foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements,which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement alongside lot lines 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 below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs-de-sac in excess of 1,000 feet, to allow the cul-de-sac in excess of 1,000 feet as shown on the RPUD Master Plan. SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5) foot-wide sidewalk on only one side of a street where the street abuts the FPL easement or the Collier County raw water production well. Page 8of10 H\201312013099\WP\PUD Rezonc\Post CCPC1Lido Isles RPUD(PUDZ-P1,20140000393)(CLEAN 5-7-2015).docx EXHIBIT F LIDO ISLES RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site clearing or site improvements shall be granted until evidence of legal access, (an executed shared access agreement for vehicular access through Willow Run RPUD)to CR 951 is provided. The effective date of the easement(s) shall be prior to the date of the earliest to occur of plat approval or SDP approval. 2. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub-out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the RPUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. Page 9 of 10 H:\20 1 312 0 1 3 09 91WP\PUD Rezone\Post CCPCOLido Isles RPUD(PUDZ-PL-20140000393XCLEAN 5-7-2015).docx B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. 5. ENVIRONMENTAL A. Tract "P" Preserve provides a 5.01± acre contiguous preserve area on the west side of the site. The on-site preserve area consists of 4.75+acres of existing native vegetation and 0.26± acre of non-native habitat. The minimum required native vegetation preservation is 4.73± acres (25% of 18.92± acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73± acres of native vegetation on-site. B. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" provides background information on the identification,habits, and protection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future homeowners and construction/maintenance personnel. The brochure educates the public about the..Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for homeowners who may experience bear problems. The project will utilize bear-proof dumpsters and residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. Page 10 of 10 II:12013120130991WP\PUD Rezone1Post CCPC\Lido Isles RPUD(PUDG-PL-20140000393)(CLEAN 5-7-2015).docx EXHIBIT A LIDO ISLES RPUD PERMITTED USES 1. MAXIMUM DWELLING UNITS The maximum dwelling units shall be sixty-one(61)provided that 24 of the maximum 61 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). 2. GENERAL A. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: 25' Side Yard Setback: 20' except where adjacent to preserve. Rear Yard Setback: 15'except where adjacent to preserve. Waterbody Setback: 0'from lake maintenance easement or bulkhead Preserve Setback: 25' PUD Boundary Setback: Equal to required width of perimeter landscape buffers FPL Easement Setback: 0' Height: Clubhouse(s): Zoned: 35' Actual: 42' Other uses: Zoned: 25' Actual: 35' All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. B. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Page 1 of 10 H:'201312013099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD(PUDZ-PL-20140000393XREDL1NE VERSION 5-7-2015).docx PUD Boundary Setback: 10', except fences or walls shall have no setback, except that which is required in order to provide landscaping on the exterior side of the wall. 3. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: 1. Single-family detached dwelling units. 2. Single-family attached dwelling units. 3. Two-family and single-family zero lot line dwelling units. 4. Townhouse and multi-family dwelling units. 5. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner("HEX"), as applicable, by the process outlined in the Land Development Code ("LDC"). 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 screen enclosures. 2. 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. 4. PRESERVE/TRACT P 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: 1. Storm water management structures. Page 2 of 10 H.\201312013099\WPTUD Rezone\Post CCPC\ido Isles RPUD(PUDZ-PL-20140000393XREDLINE VERSION 5-7-2015).docx 1 2. Pervious and impervious pathways and boardwalks, consistent with the LDC. 3. Shelters without walls. 4. Educational signage and bulletin boards located on or immediately adjacent to the pathway. 5. Benches for seating. 6. Viewing platforms. 7. Conservation-related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. 1 Page 3 of 10 II:12013120130991WPWUD Rezone\Post CCPC1Lido Isles RPUD(PUDZ-PL-20140000393)(REDLINE VERSION 5-7-2015).docx • EXHIBIT B LIDO ISLES RPUD The Table below sets forth the development standards for land uses within the Lido Isles RPUD. 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. DEVELOPMENT STANDARDS TABLE PERIMETER PUD SETBACK:The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape buffers. I •r{;...::�?•:L... ..,..:-::•Y .. ya+..,.,.,>„ ....,:.. C.�..:ro.:.r...... .... .v`i'i>:•+�L?:'!+1:{i. ,ri. _ - .::*V .. t ........ .. ......^... .1..,........-..._...:s .. .t.l:::.-.�Y.... DEVELOPMENT SINGLE-FAMILY SINGLE-FAMILY TWO-FAMILY& TOWNHOUSE or STANDARDS DETACHED ATTACHED SINGLE-FAMILY MULTI- ZERO LOT LINE FAMILY ; _�t+�.��y •..... :;.._....-.;.:,.....,a::::;;s::t ?'-_::: ioi:::: - �"tnpry.::1;t'2- ::i-w.: x:i,: .Si?A5� ..1.; .4 -..:t.•.i• y'L•,: +f ^ir.t3 MINIMUM LOT AREA 4,800 S.F.PER 1,800 4,000 10,000 UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER UNIT UNIT UNIT MINIMUM FRONT YARD1•2 20 FEET 20 FEET 20 FEET 20 FEET MINIMUM SIDE YARD 5 FEET 0 OR 5 FEET3 0 OR 5 FEET3 0 or 15 FEET MINIMUM REAR y 4 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 10 FEET 10 FEET 10 FEET 20 FEET BETWEEN STRUCTURES MAXIMUM BUILDING 2 STORIES NTE 35 2 STORIES NTE 35 2 STORIES NTE 35 4 STORIES NTE 50 HEIGHT-ZONED FEET FEET FEET FEET MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET HEIGHT-ACTUAL • MINIMUM FRONT YARD SPS SPS SPS 23 FEET MINIMUM SIDE YARD SPS SPS SPS SPS MINIMUM REAR yARD4 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. ZONED&ACTUAL NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG.=Building;S.F.=Square Feet;N/A=Not Applicable General:Except as provided for herein,all criteria set forth in Exhibit B 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: i Where a utility easement encroaches farther into a yard than the allowable setback,the minimum required setback shall be increased to the extent of the utility easement encroachment. 2 Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10' front yard setback along the other street frontage.Front entry garages shall be at least 23 feet from back of sidewalk.Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk;however,in no case shall the front setback be less than 10'for side entry garages. 3 5' minimum side setbacks for single-family attached,two-family and single-family zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10'separation. 4Zero feet if adjacent to a landscape buffer or lake maintenance tract.Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. 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ML DRU MM ZASOM513 H1IIMMED TO IE LOS MAR IS 33 A WALL E MD MILT F O j yp�,M� MI DOXIME.R5 SUCCESSOR E1 MMOR MO MA L ROT DE a corm=TO OE CO Mm N otm os OR D IES 80oah `, f 1nant very) •I f S ,1,01 lE LOC SWIM 5-0401.1 UMW MOWS 0.4S-0E SAC M O f 1._SS3IIT t 910001 W TM SASOK ASM MA1.M EM1>a5 O< _ A 4. W IM MOM IMM O 11.0.034.1. .70005.1 OM 1ME M57 PATHWAY • E _i It MIMI MOMS 110MAL55 W ROM IMES Of TOE �. LIDO ISLES ME MDR a sWW ,T TIE CONCEPTUAL RP.U.D. MASTER PLAN °"`COUJCP`C4""Ml MM MR; I y,,, 11iP-- EXHIBIT C RCN0: Dnn5 201.3-OSS OO*YC z g 0 w 0 1 4r W1h JM E.O.W. 4.*1 1 I r e' S 2' 10' 1C' r S e• 1'I au.E.1 I L I 1 s1• i © I 0 I I 0^s� I � -O2,/R. `�, :® `#°'./*/ O Vim, S 8. 24 COMM VALLEY CRIES Ed .0 7.90' ii G °Rr — LA1 -� N .---� 171i M om` '0° O 1 1/2" A.C. WEARING COURSE © 12" STABIUZED SUBGRADE N 1 ® 8` UMEROCK RASE © CONCRETE SIDEWALK (WHERE REQUIRED) 1 TYPICAL ROAD SECTION NOTE: ALL UNPAVED AREAS WRNN ROW ARE TO BE SEEDED AND MULCHED (OR SODDED AS NOTED). y a x * IF REQUIRED FOR COUNTY Ui11TREs Qa 3i ®0..1.5, urt 7/14 950.Encore WAY ao 099R "1(1 a¢ Naples.FL 341.10 LIDO ISLES 13o99ROw stc140722 IHM=MAIL ��7/14 Phone:(230)254- R.O.W. SECTION ,130 la .a.., °"761. nroe 7/14 HOLE MONTES Honda CWM1cata of gamma _"°w.`"" UnarrarneVaRtrItei AothorhrlionNo17n EXHIBIT C-1 2013.099 MIST C-1 EXHIBIT D LIDO ISLES RPUD LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST V4 OF THE SOUTHWEST Vs OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, EXCEPT THE WEST 100 FEET THEREOF FOR ROADWAY PURPOSES, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTH 'A OF THE SOUTHWEST %4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA,LESS THE WEST 100 FEET FOR ROAD RIGHT-OF-WAY. THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST Vs OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST EXCEPT THE WESTERLY 100 FEET THEREOF FOR ROADWAY PURPOSES, COLLIER COUNTY,FLORIDA. Page 7 of 10 H:12013\2013099\WP\PUD Rezone\Post CCPC\Lido isles RPUD(PUDZ-PL-20140000393)(REDLINE VERSION 5-7-2015).docx EXHIBIT E LIDO ISLES RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a • minimum 42-foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires, where underground drainage structures are installed, that an easement shall be no less than 15 feet in width, to allow for an easement alongside lot lines 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 below finished grade. All installations will follow OSHA and ACPA Standards. This does not apply to drainage easements over which Collier County holds or will hold maintenance rights. All drainage easements proposed to be less than 15 feet shall be maintained only by the developer, its successor or assigns, and shall not be transferred or conveyed to the County for ownership or maintenance. STREET SYSTEM REQUIREMENTS 3. Deviation No. 3 seeks relief from LDC Section 6.06.01.J, which prohibits culs-de-sac in excess of 1,000 feet, to allow the cul-de-sac in excess of 1,000 feet as shown on the RPUD Master Plan. SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single five (5) foot-wide sidewalk on only one side of a street where the street abuts the FPL easement or the Collier County raw water production well. Page 8 of 10 H:12013\2013099\WP\PUD RexonclPost CCPC\Lido Isles RPUD(PUDZ-PL-20140000393XRFDLINE VERSION 5-7-2015).docx EXHIBIT F LIDO ISLES RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. The developer, his successor, or assign(s) shall bear a proportionate share responsibility toward the cost of creation or extension of any turn lanes in CR 951, as well as any future traffic signal (at such time as a signal may be warranted) or other median restrictions that serve the shared project entrance with the Willow Run RPUD. B. No Site Development Plan (SDP) or other development order authorizing site clearing or site improvements shall be granted until evidence of legal access, (an executed shared access agreement for vehicular access through Willow Run RPUD)to CR 951 is provided. The effective date of the easement(s) shall be prior to the date of the earliest to occur of plat approval or SDP approval. 2. UTILITY REQUIREMENTS The primary water connection will be at a location at the southwest corner of the property; a stub-out for a second feed will be provided to the Willow Run RPUD at the entry road to the Lido Isles RPUD. 3. PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the RPUD. At the time of this PUD approval, the Managing Entity is Lord's Way 30, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 4. PLANNING A. To achieve the maximum allowable density of 61 units, 24 TDR Credits are required to be severed and transferred to the RPUD. Page 9 of 10 H:12013120130991WPWUD Rezone\Post CCPC1Lida Isles RPUD(PUDZ-PL-20140000393)(REDLINE VERSION 5-7-2015).docx B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. 5. ENVIRONMENTAL A. Tract "P" Preserve provides a 5.01+ acre contiguous preserve area on the west side of the site. The on-site preserve area consists of 4.75+acres of existing native vegetation and 0.26+ acre of non-native habitat. The minimum required native vegetation preservation is 4.73± acres (25% of 18.92+ acres of existing native vegetation). The Lido Isles RPUD shall preserve a minimum of 4.73+ acres of native vegetation on-site. B. The informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and titled "A Guide to Living in Bear County" provides background information on the identification,habits, andprotection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future homeowners and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for homeowners who may experience bear problems. The project will utilize bear-proof dumpsters and residents will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. { fi } Page 10 of 10 II:120131201 3099\WP\PUD Rezone\Post CCPC\Lido Isles RPUD(PUDZ-PL-20140000393)(REDLINE VERSION 5-7-2015).docx AGENDA ITEM 9-C Collier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION, GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MAY 21, 2015 SUBJECT: PUDA-PL20140002040: LELY RESORT,PUD PROPERTY OWNER&APPLICANT/AGENT: Property Owner/Applicant: Agents: Stock Development, LLC Alexis Crespo,AICP Richard Yovanovich, Esq. 2647 Professional Circle, Waldrop Engineering, P.A. Coleman, Yovanovich&Koester, P.A. Suite 1201 28100 Bonita Grande Dr, 4001 Tamiami Trail North, Naples, Fl 34119 Bonita Springs, Fl 34135 Naples, Fl 34103 The C-3 parcel at the corner of Rattlesnake Hammock Road and Grand Lely Drive is owned by Stock Development, LLC., and the C-2 parcel along US 41 is owned by Stock Development Tract 4,LLC. There are thousands of owners in this PUD. REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPC) to consider an application for an amendment to the existing PUD zoned project known as the Lely Resort PUD, to allow individual commercial uses to exceed the existing 20,000 square foot limitation for stand-alone individual commercial developments in the C-2 designated portion of the PUD; and to add multi-family dwelling to the permitted uses in the C-3 designated portion of the PUD and allow stand alone residential or mixed uses; and allow an additional access point into this tract from Rattlesnake Hammock Road; propose sign deviations to allow flexibility for the PUD for signage; and to revise Exhibit H, Master Land Use Plan for the PUD to move; and to also reduce the number of residential dwelling units. GEOGRAPHIC LOCATION: The subject property, consisting of 2,892.5+/- acres, is located to the west of Collier Boulevard (CR 951), east of Tamiami Trail East(US 41), and south of Rattlesnake Hammock Road, within Sections 21-22, 27-28, and 33-34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County Florida. (See location map on the following page) PUDA-PL20140002040: Lely Resort PUD Amendment Page 1 of 17 May 4,2015(last revised: 5-13-15) ikt.-11 - mr..�.aR I 111 1 ■■� ■ ® � - a• �J Hu1Q■■■'. ,:n1■: ' ' c sra 1 ......... ,_ �f,fA■� '4 Iv-' 317E (• r+�rao 7��1► �- LOCATION , snot j i!Illi WYNN •'.." r.. .2 �.. 9� .�.... . .�� y ICI 1 RIA■ ====1111 H J .1.4.. , F. i ��• III ..... .: � 1I, A¶:: ` ,*Z4:c;e 1: 7;;I-:..,_.r.LOCATION `j//,r 4 mina=.e ms liit\s o, N..- IL I ilr161412*54,14'. 1.11'‘.L,' .ifi.:-I "''' • 104,-, 49,0 - ‹ :- !i .- .,t;-,, ji �.i, rJ , �> 114 aj/I a a �0 _ , I '. AliNN-' ;Or ill- 1'4 it ....... S/,‘,.. .ii ''C'a Kt... ..iel ....0% IP ii.--. = -iiitNet::.-: 011 a . limn 611110 1 1 IP /, libt, A,. I i IME M iiWA■&_. ; 40119 •HIM ' ti•k.,1P/41,1- il ..�. OPT 111i1111� iIC��II nlit -. *, 11111111: 14 �.a r-,:7-i-,=-J] -- " IF 7.4.----7= *4, "Ar 0:i . A LOCATION MAP PETITION #PUDA-PL-2014-2040 ZONING MAP PURPOSE/DESCRIPTION OF PROJECT: The subject property, as noted above and in the agent provided application, is a 2,892.5+/- acre development with the zoning designation of Planned Unit Development (PUD), specifically in Ordinance 92-15, recorded on March 23, 1992, as amended. The current ordinance/PUD permits a variety of uses including 10,150 dwelling units, 820,000 square feet of commercial uses, 350 hotel rooms, and educational facilities. This PUDA petition proposed several changes that are summarized below (taken from the narrative statement provided in the agent provided application and revised during the review process): Proposed changes: • Allow individual commercial uses to exceed the existing 20,000 square foot limitation for stand-alone individual commercial developments in the C-2 and C-3 designated portion of the PUD and providing specific additional regulations for restaurants location in the C- 2 and C-3 portions of the PUD. • Add multi-family dwelling to the permitted uses in the C-3 designated portion of the PUD. • Add an additional access point into the C-3 designated portion of the PUD from Rattlesnake Hammock Road. • Revise Exhibit H, Master Land Use Plan for the PUD; and reduce the number of residential dwelling units. Proposed Deviations to LDC: • The introduction of seven new deviations from LDC provisions are described in detail on page 7 of this staff report. Because this PUD is already partially developed, the petitioner cannot prepare a new PUD document using the latest format, e.g., Exhibits A-F rather than sections. To do so could create non-conformities in the existing development. Instead the petitioner is providing the proposed changes in a strike thru/underline format, showing the new information in underlined text and showing the text to be removed in a strike thru format. As noted above, the petitioner is seeking approval of seven deviations. These deviations are discussed later in this report. The proposed changes reduce the number of dwelling units from 10,150 dwelling units to 8,946 dwelling units for a reduction in density from 3.5+/- dwelling units per acre to 3.1+/- dwelling units per acre. SURROUNDING LAND USE AND ZONING: North: The Rattlesnake Hammock Road ROW, then several developed residential parcels with zoning designations of Planned Unit Development (PUD) and Residential Multi-Family (RMF- 6); specifically from west to east along Rattlesnake Hammock Road, the Mandalay PUD, then the RMF-6 district,then the Shadowwood PUD, and then the Naples Lake County. East: The Collier Boulevard ROW, then numerous developed and undeveloped parcels with zoning designations of Mixed Use Planned Unit Development (MPUD), Planned Unit PUDA-PL20140002040: Lely Resort PUD Amendment Page 3 of 17 May 4,2015(last revised:5-13-15) ) Development (PUD), Travel Trailer-Recreational Vehicle Campground (TTRVC), Agriculture (A), Residential Planned Unit Development (RPUD), and Intermediate Commercial (C-3); specifically from north to south along Collier Boulevard, the Hacienda Lakes MPUD, then the Collier Regional Medical Center PUD, then a TTRVC district, then an Agriculture district, then the Rockedge (RPUD), then another Agriculture district, then the Winding Cypress PUD, then another Agriculture district, then the Falling Waters Beach Resort PUD, and then the C-3 district. Southeast: The Tamiami Trail East ROW, and several developed and undeveloped tracts with zoning designations of General Commercial (C-4) and Intermediate Commercial (C-3); specifically from southeast to northeast along Tamiami Trail east, the C-4 district and then the C- 3 district. West: Starting at the southwest corner; the developed County Park with the zoning designations of Public Use (P) and agriculture (A), then Lely High School with the zoning designation of Agricultural (A), then developed residences with the zoning designation of Residential Single Family(RSF-4),then the developed Lely County Club with a zoning designation of(PUD). `h �, A�..Si!ILL t4 1fw"� y. Wi tWICk UM• `.'. .... -'i - 1. _- Q41rw-t "AATTi.SM ALMA1tY0C{An �1. - Are �f p ,' -3 Commercial/Neighborhood •i .,' i• z `(proposed/additional access point) - ' . ., . -s. : :"."."'"., . ; , , '' r: '� \4 4 WT'AJi e l g, g t i�� MEW,C1 gc . f ` *iv Lely Resort PUD 4 1 e �.: i; 9f �6.� . + , ' x°; n . yM.p�w, c - N�ltNsG► ��‘.46,0.0 �y 1, k , .....4k, ,oY„ c f� � a„ ¢ .no+ d , , O; .4 Jostna AY Teti,C?, T eV - r'-',. t -.# o uuevOCT aAWTNiEN T6 Trt•` S� .'Y t 1OIONA 'U(lV5r +a CMARL tN S. i 1 CYnALS, 4. . s a GWLLRf00eJ `, G . u . fE4lA tti o vr _ 0 S r, �, • accosTac trr l'' coe A ' TALI a'�e of Or ,� f (~-2 Commercial/Professional t C� A U:--;,'?"13* ` W ' .•y 11 . cm 1, 4 , ,,,......„.„,,. w Naea..rL 0=296ft t Aerial Photo(subject site depiction is approximate) t i PUDA-PL20140002040: Lely Resort PUD Amendment Page 4 of 17 I May 4, 2015(last revised:5-13-15) I GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element(FLUE): The subject property is designated Urban, Urban Mixed Use District, Urban Residential Subdistrict, as depicted on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). The Urban Mixed [ Use District... is intended to accommodate a variety of residential and non-residential land uses, [ including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the LDC. - The PUD is approved for±8,300 multi-family units and 1,850 single-family units, varying each 1 up to 20% as not to exceed 10,150 total dwelling units. This total dwelling unit maximum may be exceeded with a fractional reduction in multi-family units if the single-family units exceed 2,220. : The 2014 DRI/PUD Monitoring Report for the Lely Resort PUD indicates 1,866 multi-family o units and 2,060 single-family units have been constructed to date. 1 The "Resort Center" allows for up to 350 transient lodging rooms of which 200 have been constructed to date. The Resort Center also allows up to 315,000 sq. ft. of commercial space. The PUD is approved for up to 820,000 sq. ft. of commercial and office space on 84 acres of which 251,141 sq. ft. have been constructed to date. This PUD amendment is to allocate up to 175 of the total approved dwelling units to be developed at a not before allowed location—in the C-2/C-3 tract fronting US 41. i o Future Land Use Element (FLUE) Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning 1 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 i text]. $ i Objective 7: i 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 northerly C-3 1 PUDA-PL20140002040: Lely Resort PUD Amendment Page 5 of 17 May 4,2015(last revised:5-13-15) a 1 3 i E i r i i tract fronts Rattlesnake Hammock Road. Secondary road access is also provided to [ Rattlesnake Hammock Road via Grand Lely Drive. The Proposed Plan depicts a single, r direct access to Rattlesnake Hammock Road from northerly C-3 tract, classified as a collector road in the Transportation Element. The southerly C-2 tract fronts US 41. This tract does not provide direct connection to US 41 but provides indirect access via Triangle i Boulevard. US 41 is classified as a major arterial road in the Transportation Element.] 1 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. [PUB application, Evaluation Criteria do not address this Policy as it does not apply to the specifics of the present proposal.] [ Policy 7.3: i 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. [PUD application, Evaluation Criteria do not address this Policy as it does not g apply to the specifics of the present proposal.] [ Policy 7.4: 1 The County shall encourage new developments densities, common open spaces, civic facilities and a range of housing prices and types. [PUD application,Evaluation Criteria do not address this Policy as it does not apply to the specifics of the present proposal.] 1 Comprehensive Planning Comments related to requested Deviations ! Minor sign deviations are not Comprehensive Planning matters. Based upon the above analysis, the proposed PUD may be deemed consistent with the Future Land Use Element. 1 i Conservation and Coastal Management Element (CCME): Environmental review staff found this project to be consistent with the Conservation & Coastal Management Element 3 (CCME)because there are no changes to the current environmental provisions of the PUD. I Transportation Element: The proposed PUD amendment has been found consistent with the applicable policies of the transportation element. i i ANALYSIS: I 1 Staff has completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08.F, 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 bases for their 1 recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support its action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." In addition, staff I offers the following analyses: PUDA-PL20140002040: Lely Resort PUD Amendment Page 6 of 17 I May 4,2015(last revised:5-13-15) 1 t i Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval subject to the Transportation Section C of the General Development Commitments contained in Section XIV of the PUD Ordinance, and the staff recommended condition of approval 1. Zoning Services Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Zoning staff is of the opinion that this project will be compatible with and complementary to,the surrounding land uses. The development standards contained in the PUD document have not been changed except for revisions requested in the application and noted above. The residential uses proposed for the C-3 portion of the PUD will utilize the existing single or multi-family development standards as applicable that are currently provided for in PUD Section Three. The applicant is also reducing the number of approved dwelling units for the PUD from the current 10,150 dwelling units to 1 8,946 dwelling units. Deviation Discussion: The petitioner is seeking seven deviations from the requirements of the LDC. The deviations are p g q listed in the deviation portion of the PUD. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to instead allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height, subject to approval under the temporary sign permitting process in the LDC. The temporary sign or banner shall be limited to 14 day duration, not to exceed 28 days per calendar year. This deviation to apply to the entire PUD. Petitioner's Rationale: The applicant states in his justification for this deviation the following: "The requested deviation will allow for a lar g er banner si gn, which has been p reviousl y approved for other residential communities within the County. The sign will be temporary, and will undergo the requisite temporary sign permit process in accordance with Section 5.04.06. " PUDA-PL20140002040: Lely Resort PUD Amendment Page 7 of 17 May 4,2015(last revised:5-13-15) 1 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, subject to the following stipulation; that the deviation be tied to new construction activities such that once 90 percent of the new dwelling units are sold the temporary sign allowance reverts to LDC minimum code standards; staff further finds 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 regulations." Deviation 2 seeks relief from LDC Section 5.06.02.B.6.b which permits two (2) ground or wall signs per entrance to the development with a combined sign area of 64 square feet, to allow for two (2) ground or wall signs at the entrance to residential projects within the PUD with a sign area of 890 s.f. per sign, and not to exceed the height or length of the wall upon which it is located. This deviation will apply to the entire PUD. Petitioner's Rationale: The petitioner provided the following justification for this deviation: "The applicant is requesting additional sign are to allow for design flexibility and enhance the branding of the individual communities internal to the Lely Resorts Master planned development. This deviation request is similar to previous requests approved for master- planned communities within Collier County. The setbacks will meet LDC standards, thereby ensuring public health, safety and welfare is protected. " Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. It is noted that several other residential PUD's have been approved with similar sidewalk deviations. Zoning and Land Development Review staff recommends APPROVAL of l this deviation, 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 regulations." Deviation 3 seeks relief from LDC Section 5.06.02.B.6, which limits the maximum sign height to 8 feet at each multi or single family development,to instead allow a maximum sign height of 10 feet. Petitioner's Rationale: The applicant states in his justification for this deviation the following: "The applicant is seeking an increase to allowable entry signage height to ensure visibility of internal communities within the PUD. The deviation is also intended to allow for flexibility in the type of structure that the sign can be placed upon, such as walls, bell towers, or other architectural features that typically exceed 8 feet in height. This deviation request is similar to previous requests approved for master planned communities within Collier County, such as Esplanade Golf and Country Club of Naples, PUDA-PL20140002040: Lely Resort PUD Amendment Page 8 of 17 May 4,2015(last revised:5-13-15) ( 1 I Fiddlers Creek and Esplanade at Hacienda Lakes. The setbacks will meet LDC standards, thereby ensuring public health, safety and welfare is protected." Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this i deviation, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has i 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 g demonstrated that the deviation is "justified as meeting public purposes to a degree at least I equivalent to literal application of such regulations. 1 , 1 Deviation 4 seeks relief from LDC Section 5.06.02.B.12.a.i, which permits a maximum of two (2) ground signs with a height of 8 feet and sign copy of no more than 32 square feet at the main entrance to internal community amenity facilities, to allow instead a maximum of one (1) ground or wall sign for each individual amenity within the Player's Club at Lely Resort, in addition to the main entrance signs, not to exceed a height of ten (10) feet and sign copy area of 64 square feet per sign. i Petitioner's Rationale: The applicant states in his justification for this deviation the following: 1 1 "The Player's Club & Spa is a unique community amenity site in terms of both size and scope. It functions as an amenity campus for the entire development and combines resort style amenities with active recreational uses and entertainment. The additional signage will allow the Applicant to brand each internal amenity designation within the Players' Club campus, such as the pool area, tennis club, theater, dog park etc." Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this ; deviation, subject to the following stipulation; that the deviation be limited to allow a total of six (6) additional amenity site signs; staff further finds 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 regulations." I Deviation 5 seeks relief from LDC Section 5.06.02.B.14.b which permits boundary marker signs ] in residential zoning districts with a maximum sigh face area of 24 square feet, to instead allow for boundary marker signs with a maximum sign face area of 32 square feet at each corner of the C-3 tract at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive. 1 Petitioner's Rationale: The applicant states in his justification for this deviation the following: 1 "The applicant is seeking an additional boundary marker sign within a commercial tract proposed for both residential and commercial uses. The boundary marker is proposed at the corner of an arterial and collector roadway and is intended to increase the community's visibility and better delineate the property from surrounding master- I i PUDA-PL20140002040: Lely Resort PUD Amendment Page 9 of 17 May 4,2015(last revised:5-13-15) 1 I I g i I a' planned communities. The additional sign will be integrated into a wall or similar feature fronting on Rattlesnake Hammock and will not negatively impact view sheds f from surrounding roadways. The signage setback from right-of-way will meet LDC 1 standards, thereby ensuring public health, safety and welfare is protected" 1 A Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 i demonstrated that the deviation is "justified as meeting public purposes to a degree at least A equivalent to literal application of such regulations." Deviation 6 seeks relief from LDC Section 5.06.04.F.1, which permits an additional pole or ground sign where there is a minimum of a 1,000 foot separation between such signs, to instead allow for a maximum of two (2)pole or ground signs on the C-2 tract that fronts on U.S. 41, one 1 of which may be located on the U.S. 41 frontage and the second which may be located on the i Triangle Boulevard frontage,with a minimum spacing of 400 feet between signs. Petitioner's Rationale: The petitioner provided the following justification for this deviation: 1 "Based upon the relatively high travel speeds on U.S. 41 and the property's frontage on two (2) public roads the request for a maximum of two (2) signs for the parcel is appropriate. The 400 foot spacing is reasonable in consideration of the subject property's I configuration as a corner lot, and the anticipated signage locations based on the property's ingress/egress from Triangle Boulevard " 1 Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is s approved. Zoning and Land Development Review staff recommends APPROVAL of this deviation, 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 regulations." 1 Deviation 7 seeks relief from LDC Section 5.06.04.F.1.c which allows a maximum allowable sign area of 80 square feet for a pole or ground sign located on an arterial roadway to allow for a maximum sign area of 100 square feet for a pole or ground sign located on the C-2 tract that fronts on U.S. 41 and the C-3 tract at the southwest corner of Rattlesnake Hammock Road and Grand Lely Drive. Petitioner's Rationale: The applicant states in his justification for this deviation the following: "The subject property fronts an arterial roadway with relatively high travel speeds. The applicant is proposing a modest increase to the maximum signage area to allow for increased visibility. The required setback from rights-of-way for entry signs will meet i LDC standards, thereby ensuring public health, safety and welfare is protected. i PUDA-PL20140002040: Lely Resort PUD Amendment Page 10 of 17 May 4,2015(last revised:5-13-15) 1 1 Staff Analysis and Recommendation: Staff finds that the petitioner's deviation and rationale supportable for this project. Zoning and Land Development Review staff recommends APPROVAL of this deviation with the limitations suggested above, 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 regulations." Staff recommends approval of the seven proposed deviations with stipulations outlined above and further delineated in staff recommended conditions at the end of this report. FINDINGS OF FACT: PUD Findings: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation,the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria" (Staffs responses to these criteria are provided in bold font): 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. Staff has reviewed the proposed amendment and believes the uses and property development regulations are compatible with the development approved in the area. The commitments made by the applicant should provide adequate assurances that the proposed change should not adversely affect living conditions in the area. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, 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 platting and/or site development approval. Both processes 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 Growth Management Plan (GMP). Staff has reviewed this petition and has offered an analysis of the relevant goals,objectives and policies of the GMP within the GMP discussion and the analysis provided by Comprehensive Planning staff and the zoning analysis of this staff report. Based on those staff analyses, planning zoning staff is of the opinion that this PUD Amendment remains consistent with the overall GMP. PUDA-PL20140002040: Lely Resort PUD Amendment Page 11 of 17 May 4,2015(last revised:5-13-15) ) 3 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. Staff has provided a review of the proposed changes and believes that the project will be compatible with the surrounding area. The approved uses within the PUD are not proposed to change as part of this amendment; however the applicant is requesting to add residential use(s) in the C-3 tract. The uses approved in the original PUB rezone were determined to be compatible and continue to be compatible with the changes proposed by this request. The petitioner is proposing a number of changes as noted above, however staff believes uses remain compatible given the development standards and project commitments. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of native preserve 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. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Additionally, the PUD document contains additional developer commitments that should help ensure there are adequate facilities available to serve this project. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure such as road capacity, wastewater disposal system, and potable water supplies to accommodate this project 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 seven deviations 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 has provided an analysis PUDA-PL20140002040: Lely Resort PUD Amendment Page 12 of 17 May 4,2015(last revised:5-13-15) .fl of the deviations in the Deviation Discussion portion of this staff report, and is recommending approval of the deviations. Rezone Findings: LDC Subsection 10.02.08.F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show 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, &policies of the Future Land Use Map and the elements of the Growth Management Plan. The zoning analysis provides an in-depth review of the proposed amendment. Staff is of the opinion that the project as proposed is consistent with GMP FLUE Policy 5.4 requiring the project to be compatible with neighborhood development. Staff recommends that this petition be deemed consistent with the FLUE of the GMP. The petition can also be deemed consistent with the CCME and the Transportation Element. Therefore, staff recommends that this petition be deemed consistent with the GMP because uses are not changing with this amendment. 2. The existing land use pattern; Staff has described the existing land use pattern in the "Surrounding Land Use and Zoning" portion of this report and discussed it at length in the zoning review analysis. Staff believes the proposed amendment is appropriate given the existing land use pattern, and development restrictions included in the PUD Ordinance. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The proposed PUD amendment would not create an isolated zoning district because the subject site is already zoned PUD and there are no land additions proposed as part of this amendment. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Staff is of the opinion that the district boundaries are logically drawn given the current property ownership boundaries and the existing PUD zoning. 5, Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed amendment is not necessary,per se; but it is being requested in compliance with the LDC provisions to seek such amendment to allow the owner the opportunity to develop the land with uses other than what the existing zoning district would allow. Without this amendment, the property could be developed in compliance with the existing PUDA-PL20140002040: Lely Resort PUD Amendment Page 13 of 17 May 4,2015(last revised:5-13-15) PUD ordinance regulations. The applicant's request is consistent with the proposed GMPA. II 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Staff is of the opinion that the proposed amendment, with the commitments made by the applicant, can been deemed consistent with the County's land use policies that are reflected by the Future Land Use Element (FLUE) of the GMP. The project includes restrictions and development standards that are designed to address compatibility of the project. Development in compliance with the proposed PUD amendment should not adversely impact living conditions in the area. 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 roadway infrastructure has adequate capacity to serve the proposed project with the commitment that has been provided by the developer. 8. Whether the proposed change will create a drainage problem; The proposed amendment should not create drainage or surface water problems. The developer of the project will be required to adhere to a surface water management permit from the SFWMD in conjunction with any local site development plan approvals and ultimate construction on site. 9. Whether the ro osed change will p g seriously reduce light and air to adjacent areas; If this amendment petition is approved,any subsequent development would need to comply with the applicable LDC standards for development or as outlined in the PUD document. The location of the proposed buildings, combined with the setbacks and project buffers will help insure that light and air to adjacent areas will not be reduced. 10. Whether the proposed change will 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; The proposed zoning change should not be a deterrent to the improvement of adjacent properties. PUDA-PL20140002040: Lely Resort PUD Amendment Page 14 of 17 May 4,2015(last revised:5-13-15) 4 12, Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting 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 subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this amendment in compliance with LDC provisions for such action. The petition can be evaluated and action taken as deemed appropriate through the public hearing process. Staff believes the proposed amendment meets the intent of the PUD district, if staff's conditions of approval are adopted, 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; As noted previously, the subject property already has a zoning designation of PUD; the PUD rezoning was evaluated at the rezoning stage and was deemed consistent with the x. GMP. The GMP is a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban-designated areas of Collier County. Staff is of the opinion that the development standards and the developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. The proposed amendment is consistent with the GMP as it is proposed to be amended as discussed in other portions of the staff report. 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. Additional development anticipated by the PUD document would require considerable site alteration. This project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan or platting approval process and again later as part of the 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 Growth Management Plan and PUDA-PL20140002040: Lely Resort PUD Amendment Page 15 of 17 May 4,2015(last revised:5-13-15) as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. This petition has been reviewed by county staff that is responsible for jurisdictional elements of the GMP as part of the amendment process and those staff persons have concluded that no Level of Service will be adversely impacted with the commitments contained in the PUD document. 18. Such other factors, standards, or criteria that the Board of County Commissioners (BCC) shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. NEIGHBORHOOD INFORMATION MEETING(NIM): This petitioner held a duly advertised NIM on January 13, 2015. See attached synopsis. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on May 13,2015. RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PUDA- PL20140002040 to the BCC with a recommendation of approval subject to the three staff recommended conditions of approval below: 1) The Developer shall conduct a comprehensive traffic analysis of Triangle Boulevard from U.S. 41 to C.R. 951 (Collier Boulevard) for County review and approval. The study shall be completed and approved prior to the approval of the next Site Development Plan. The study shall evaluate both existing and projected (build-out) volumes and analyze all access drives both existing and proposed. The study shall include an access management plan to improve safety and maximize traffic flow. The Developer shall be solely responsible for the implementation of the approved recommendations upon completion of the study. 2) Approval of Deviation 1 with the stipulation that the deviation be tied to the remaining new construction activities such that once 90 percent of the dwelling units are sold the temporary sign allowance reverts to LDC minimum code standards. 3) Approval of Deviation 4 with the stipulation that the deviation be limited to allow a total of six(6)additional amenity site signs. Attachments: A. Application B. Draft PUD Ordinance C. NIM Synopsis PUDA-PL20140002040: Lely Resort PUD Amendment Page 16 of 17 May 4,2015(last revised:5-13-15) ( 3 PREPARED BY: ( / ■ 4/41 ,,ip 41 I• • L • �' t R, 'ROJECT MANAGER DATE ZONIN DIVISI 6 REVIEWED BY: CLOWS, 5 J Jam'RAYMO V. ZONING MANAGER DATE ZONING DIVISION 4 2 cs- if MICHAEL BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: 6�-......._ S(j2 //S� MIE FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT / 4/ S--1 -/S IC/CA • ANGU fi •, DEP //". COUNTY MANAGER DATE GROWTH MANAGEMENT It PARTMENT Tentatively scheduled for the July 14,2015 Board of County Commissioners Meeting PUDA-PL20140002040: Lely Resort PUD April 24,2015(Revised) O ORDINANCE NO. 15- 41P4r AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 92-15, AS AMENDED, WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY REDUCING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 10,150 TO 8,946; BY AMENDING SECTION 2.06 ENTITLED "PROJECT DENSITY" AND SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS"; BY AMENDING THE MARKET ABSORPTION SCHEDULE; BY AMENDING SECTION 3.02 ENTITLED "MAXIMUM DWELLING UNITS"; BY AMENDING SECTION V, C-2 COMMERCIAL/PROFESSIONAL TO PROVIDE THAT THE SQUARE FOOTAGE LIMITATION DOES NOT APPLY TO RESIDENTIAL DWELLING UNITS PERMITTED AS PART OF A MIXED USE PROJECT; AND BY AMENDING SECTION VI, C-3 COMMERCIAL/NEIGHBORHOOD TO ALLOW C-3 USES AND ALL TYPES OF RESIDENTIAL DWELLING UNITS AS MIXED USE OR STAND ALONE FOR THE C-3 PARCEL AT THE CORNER OF RATTLESNAKE-HAMMOCK ROAD AND GRAND LELY DRIVE; BY ADDING SECTION XV, DEVIATIONS, FROM THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS AND THE SIZE OF SIGNS; AMENDING EXHIBIT H, THE PUD MASTER PLAN TO MOVE A C-3 PARCEL TO THE EAST OF LELY GRAND DRIVE AND ADJUST ACREAGES TO DECREASE RESIDENTIAL USES AND INCREASE COMMERCIAL USES BY 6± ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. [PUDA-PL20140002040] WHEREAS, on March 10, 1992, the Board of County Commissioners (Board) approved Ordinance No. 92-15 which established the Lely, A Resort Community Planned Unit Development(PUD); and WHEREAS, on November 13, 2007, the Board approved Ordinance No. 07-72 which amended the PUD; and [14-CPS-01392/1165973/1] 34—rev.3/31/15 Page 1 of4 Lely Resort—PUDA-PL20140002040 Words struck through are deleted;words underlined are added. t WHEREAS, Alexis Crespo, AICP of Waldrop Engineering and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Stock Development, LLC, petitioned the Board of County Commissioners of Collier County, Florida to further amend Ordinance No. 92-15, as amended, the Lely,A Resort Community Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendments to Index. The Index to Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: SECTION XV Deviations from the LDC. 15-1 [applicable to entire PUD unless otherwise noted] SECTION TWO. Amendment to List of Exhibits and Tables. See Exhibit A,attached hereto and incorporated herein, SECTION TWO: Amendments to Project Density. Section 2.06 entitled"Project Density" of Ordinance No. 92-15, as amended(the Lely, A Resort Community Planned Unit Development)is hereby amended as follows: 1 See Exhibit B, attached hereto and incorporated herein. SECTION THREE: Amendments to Permitted Variations of Dwelling Units. Section 2.07 entitled Permitted Variations of Dwelling Units"of Ordinance No. 92r15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended to read as follows: 3f See Exhibit B, attached hereto and incorporated herein. fi SECTION FOUR: Amendment to Estimated Market Absorption Schedule. The estimated Market Absorption Schedule, Table I, of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development) is hereby amended as follows: [14-CPS-01392/1165973/1]34--rev.3/31/15 Page 2 of 4 Lely Resort—PUDA-PL20140002040 Words rough are deleted;words underlined are added. Al 4 1 See Exhibit C, attached hereto and incorporated herein. i SECTION FIVE: Amendment to Maximum Dwelling Units. 1 Section 3.02 entitled "Maximum Dwelling Units" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development)is hereby amended as follows: 1 3.02 Maximum Dwelling Units. x A maximum number of 8 8,946 dwelling units may be constructed on lands designated as"R"except as permitted by Section 2.07. I SECTION SIX: Amendments to Section V,C-2 Commercial/Professional. Section V, C-2 Commercial/Professional of Ordinance Number 92-15, as amended, (Lely,A Resort Community Planned Unit Development) is hereby amended to read as follows: See Exhibit D, attached hereto and incorporated herein. SECTION SEVEN: Amendments to Section VI, C-3 Commercial/Neighborhood. Section VI, C-3 Commercial/Neighborhood of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development)is hereby amended to read as follows: See Exhibit E, attached hereto and incorporated herein. SECTION EIGHT: Amendments to Section XIV,General Developer Commitments. Section XIV, General Developer Commitments of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development) is hereby amended to add the following: C. Tramportation * * * * * 1 10) The developer shall construct, at its expense, a southbound left turn lane from 1 Triangle Blvd. onto Tamiami Trail rat within the existing median, The two (2) existing turn lanes will he converted to a through lane and a westbound right turut lane onto Tamiami Trail East. The southbound left turn lane will be constructed and operational prior to issuance of the Certificate of Occupancy for the last building k within the 9-acre tract designated as 'C-2' on Revised Exhibit 'H',Master Land Use k Plan, and located at the northwest corner of Tamiami Trail East and Triangle Blvd. (Parcel No. 55425001008). SECTION NINE: Amendments to Add Section XV,Deviations from LDC. [14-CPS-01392/116597311)34—rev.3/31/15 Page 3 of 4 Lely Resort—PUDA-PL20140002040 Words sm+ek-through are deleted;words underlined are added. 1 1 1 1 Section XV, Deviations from LDC of Ordinance Number 92-15, as amended, (Lely, A Resort Community Planned Unit Development)is hereby added to read as follows: See Exhibit F,attached hereto and incorporated herein. SECTION TEN: Amendment to Master Plan. Exhibit H, "Master Land Use Plan" of Ordinance No. 92-15, as amended, (the Lely, A Resort Community Planned Unit Development)is hereby amended as follows: See Exhibit H, attached hereto and incorporated herein. SECTION ELEVEN: Effective Date. 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 ,2015. A'1-1'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE,Chairman Approved as to form and legality: Heidi Ashton-Cicko 411\l�' Managing Assistant County Attorney Attachment: Exhibit A—List of Exhibits and Tables Exhibit B—Section II, Sections 2.06 and 2.07 Exhibit C—Estimated Market Absorption Schedule Exhibit D—Section V, C-2 Commercial/Professional Exhibit E—Section VI,C-3 Commercial/Neighborhood Exhibit F—Section XV—Deviations from LDC Exhibit H to Ord. 92-15,as amended—Revised Master Plan [14-CPS-01392/1165973/E]34—rev.3/31/15 Page 4of4 Lely Resort—PUDA-P L20140002040 Words stfuek-through are deleted;words underlined are added. LIST OF EXHIBITS AND TABLES EXHIBIT H Revised Master Land Use Plan(Prepared by , &Peek,Inc.Filo No.RZ 198 dro ineering,2.A.) TABLE 1 Estimated Market Absorption Schedule TABLE II A Development Standards `R'Residential Areas TABLE II B Development Standards`R'Residential Areas Exhibit A ii Lely Resort PUDA-PL20140002040 Words struck-- eugh are deleted; Last Revised:March 27,2015 Words Wined are added SECTION II PROJECT DEVELOPMENT 2.06 PROJECT DENSITY The total acreage of the Lely Resort property is approximately 2892.5 acres. The maximum number of dwelling units to be built on the total acreage is 40,149 8.946. The number of dwelling units per gross acre is approximately 3.13. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMTITED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.05, provided that the total number of dwelling units shall not exceed 49030 The Development Services Director shall be notified of such an increase and the resulting reduction in the corresponding residential land use or other categories so that the total number of dwelling units shall not exceed 48430 L24,§.Approximately 1850 single family units and 8340 7.09b multi-family units have been planned. Variations from these numbers without an adjustment to the maximum number of units within the project shall be permitted provided that the maximum number of dwelling units by type shall not vary by more than twenty (20) percent. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. The project may exceed the variation of twenty(20) percent of the unit types set forth in this section provided that for every single family unit permitted in excess of 2220, the maximum number of dwelling units shall be reduced by 1,667 units. 1 Exhibit B 2-1 Lely Resort PUDA-PL20140002040 Words stcuek-though are deleted; Last Revised:March 27,2015 Words underlined are added i 9 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE I PHASE YEAR RESIDENT COMMER. GC EC RC CC UNITS SQ.FT. HOLES STUDENTS HOTEL RMS SEATING I 1985- 264 3,600 18 1990 II 1991- 1328 300,400 36 364 *350 Rooms • 1995 III 1996- 1482 56,000 736 1850 2000 IV 2001- 1526 2005 V 2006- 1250 90,000 1400 2010 VI 2011- 4308-j,11QQ - 100,000 2015 vU 2016- 4-580 140 135,000 2020 VIII 2021- 4380 1,22j 135,000 2025 TOTALS 40 10,150$,94 820,000 54 2500 350 Rooms 1850 315,000 S.F. *315,000 SF of hotel commercial space is included Exhibit C 2-9 Lely Resort PUDA-PL20140002040 Words strek-threugh are deleted; Last Revised:March 27,2015 Words underlined are added SECTION V C-2 COMMERCIAL/PROFESSIONAL 5.01 PURPOS2 The purpose of this sSection is to set forth the regulations for the areas designated on Revised Exhibit `H', Master Land Use Plan RZ-198, as `C-2'. The C-2 tract is intended to provide for the professional, office, and business related needs of area residents, supplementing the retail nature of the adjacent C-1 tract. 5.02 PERMITTED USES AND STRUCTURE No building or structure, or part thereof, shall be erected, altered or used,or land or water used,in whole or in part,for other than the following: A. Permitted Principal Uses and Structures: 1) Business and professional offices;banks;financial institutions, 2) Churches and other places of worship;civic and cultural facilities;educational facilities. 3) Funeral homes. 4) Homes for the aged;hospitals;hospices and sanitoriums,hotels and motels. 5) Medical laboratories;medical clinics;medical offices;mortgage brokers;museums. 6) Parking garages and lots;private clubs. 7) Real estate offices; research design and development activities; restaurants; rest homes; convalescent centers;and nursing homes. 8) Laboratories,provided that: No odor,noise,etc.,detectable to normal senses from off the premises are generated; All work is done within enclosed structures;and No product is manufactures or sold,except incidental to development activities. 9) Transportation,communication and utility offices—not including storage or equipment. 10) Water management facilities and essential services. 11)The C-2 parcel fronting U.S. 41 may be developed allowing C-2 and/or C-3 uses, as outlined in Section V and Section VI of Ordinance 92-15, as amended, and up to 175 residential dwelling units to provide for a mixed-use project. 1 5-1 Lely Resort PUDA-PL20140002040 Exhibit 0 Words stfueli-thceugh are deleted; Last Revised:March 27,2015 Words gaderked are added 3 • Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or Hearine Examiner determines to be compatible in the district. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 5.03 DEVELOPMENT STANDARDS: 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements for parcel boundaries:Thirty(30)feet 4) Maximum Height of Structures: Fifty (50)feet above the finished grade of the site,plus ten (10) feet for under building parking. 5) Minimum Floor Area of Principal Structures; One thousand(1,000)square feet per building on ground floor. 6) Minimum Distance Between Principal Structures: 30' or V2 the sum of the building heights, whichever is greater. 7) Minimum standards for signs, parking, lighting, and landscaping shall conform with applicable Collier County Regulations in effect at the time permits are sought:,or as anoroved by a deviation of the in SeCS�,911�! ,P,M. 8) The area of the C-2 and C-3 uses referenced in Paragraph 5.02 A.11)above shall be limited to a maximum of 100,000 square feet in the aggregate. This limitation does not aonlv_to the 1 .5, sidential dwell' g permitted as ngLmixed use protect. -l4),2) Any restaurant uses permitted by or associated with any use permitted by either the C-2 and C-3 land use designations of this Ordinance, only if those uses are located on the C-2 parcel fronting U.S.41,shall be subject to the following additional regulations: a)No televisions shall be permitted in outdoor seating areas. b) No amplified sounds, including music, shall be permitted in outdoor seating areas after 10:00 p.m. 5-2 Lely Resort PUDA-PL20140002040 Words sew are deleted; Last Revised:March 27,2015 Words underlined are added 1 1 { c)No live entertainment shall be permitted in outdoor seating areas after 10:00 p.m, d) All windows and doors shall be closed after 10:00 p.m. 11) IQ) The 175 residential dwelling units and C-3 uses referenced in paragraph 5.02 A.113 above shall be subject to the C-2, Commercial/Professional development standards set forth in this Paragrapli-(Paragreph Section 5.033. ii 4 5-3 Lel),Resort PUDA-PL20140002040 Words struck stfeek-thfetigh are deleted; Last Revised:March 27,2015 Words underlined are added • SECTION VI C-3 COMMERCIAL/ATEIGHBORHOOD 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Revised Exhibit`H', Master Land Use Plan RZ-198, as `C-3'. The C-3 tract's are intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 6.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected,altered or used,or land or water used, in whole or in part,for other than the following: A. Permitted Principal Uses and Structures: I) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops;bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship;clothing stores;confectionary and candy stores. 4) Delicatessen,drug stores; dry cleaning shops;dry goods stores and department stores. 5) Electrical supply stores. 6) Fish stores;florist shops;food markets;furniture stores;furrier shops and fast food restaurants. 7) Gift shops;gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales;interior decorating showrooms. 10)Jewelry stores, 1 11)Laundries—self-service;leather goods and luggage stores;locksmiths and liquor stores. 12)Meat market;medical office or clinic for human care;millinery shops;music stores. 13)Office(retail or professional);office supply stores. 14)Paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 6-1 Exhibit E Lely Resort PUDA-PL20140002040 Words stfuek—threugh are deleted; Last Revised:March 27, 2015 Words 1.nderlined are added 15) Radio and television sales and service;small appliance stores;shoe sales and repairs;restaurants. 16) Souvenir stores;stationary stores; supermarkets and sanitoriums. { 17) Tailor shops;tobacco shops;toy shops;tropical fish stores. 18) Variety stores;veterinary offices and clinics(no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21)The C-3 parcel at#be southwest co _ oad and Gran4i jejy_Pri1'„g ___ __ :ne C 3 uses_as outlined in Section.VI of Ordinance 42-15, as_, _ and/or residential dwelliu �u 2-1-) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Board of Zoning An eats or Hearing Examiner determines to be compatible with the district. B)Permitted Accessory Uses and Structures: 1)Accessory uses and structures customarily associated with the uses permitted in this district. 2)Caretaker's residence. 6.03 DEVELOPMENT STANDARDS 1)Minimum Site Area:As approved under Section 2.04 2)Minimum Site Width:As approved under Section 2.04 3)Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas:Twenty five(25)feet Abutting residential areas: Thirty flys (35) feet in which an appropriately designed and landscaped buffer shall be provided,as determined under Section 2.I4. 4) Distance between principal structures: None, or a minimum five (5) feet with unobstructed passage from front yard to rear yard. 5) Maximum Height of Structure:Fifty(50)feet above the finished grade of the site. 6) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ff ground floor. 6-2 Lely Resort PUDA-PL20140002040 Words stfuel eugh are deleted; Last Revised:March 27,2015 Words unde lined are added 5 7) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought o sap yed byj deviatipThin Section XVLof the PUD 81 1,,Th rs .dential clwellipg_ut _er.exac in 5sgicn 42 ,21 a 1 Rltj,A QI, 1 mtAlus i4,l£ sag a Tab A Qrc '2-.15,, ti 1 6-3 Lely Resort PUDA-PL20140002040 Words std are deleted; Last Revised:March 27,2015 Words i erl.in are added SL CTjON XV DEVIATIONS FROM TAR LD - ln.additionto •-v'. '•. ... eves_, t ' P t - s • n •eviati•• e • s..•. • 1- ?UD:.. vi. . • 11' ',t's. s e is - -'..•. 141. • zoned properties into 4 square feet in arga or 3 feet in height,.tp-aliow_Aternporary sign or banner up to maximum of 32 square feet in reaand_a_maxjLrlum of 8 feet irk eight. s>.}kje t to approval tinder Lem gorary si permit orocedure�in the LDC. The temporary sign or banner shall be limited to 14 dad duration,not to exceed 28 days per calendar year T is deviation annlies to the entire 11 v a i•! - 1: s •. ..N - is 1..02. : . . . I' .• _.: •• • _ w. 2 o_,-• • . . I '•, pe m a combin i �iKn area of 64 square feet to allow for two(2) around or wall sigia at the -�__-• e • _ I. ti.1 . •'- wi .- P w' i . • : •- • •n• c• • e. --• h • l. •r • o_ h- wal .••, •i • '.tis • -d y• • , ••• ._.. .- entire PUD. rf-vi ) D- • 'e •.. D • '•• 1. 02 : . •'ch .-rmits a maximum sign_height of$ feet for up to.-2 gr•_i• .r . . , • e_ j et.. :. • is f.,. • .• e-f,-,t• •- v 441 •4 e allow a maximum si n height of 10 feet T s deviation applies to the en ire PU .Pevi• i• • � _'is a e • . P '•. 51. 1 - : 12 ' w ..'c.• •_in••pursuant to C.DC requ_-.• _n: • • its .• it .s.-- --'•-• ••• s . • •••u •f w•__ mound suns wit �]�eis7ltt of 8 feet and sitm copy area of no more th n 32 ❑uare feet per sign ai entrapce to inte al residential_communiv amemty facilities, low fiwmaxims one (1 gsQuat Q _yval1 siEn for each individual amenity within the Player's Club at i elv Resort ;,, arlrl;tion rR th.main amen' v entrance • n ex • _ • h • • I 1 ee •._•• s s _art, • •• • • - f•_Der ' ••.< e • v'. '• - :.._s s• el __• the 'l.. - 1 •.atk- :-sort(Parcel No. 55425003006), eviat'4n S Deviati nn from LDC Sec is• 1. 12 : . • w.' . ., us. . s, .s .•d._* • ar e r •• • : Lz1t�a1 develonn�nt pronert�corner with_with_a max' um sign face area of 24 square feet to allow �S?r-Qn Q1 niarJCe1 i.• wi .s:- im It ?-41 f, c r'• • . et _-a • •r•.-rt •• - t e -3 trac ,qf�l,_,-Cy_ t ache sou-�w,�st corner of Rattlesg�lcg Ha,nmpck Road and � and Lely Driv--, 'his 5l . .' • , .. 01- t 1-acr •e i'-12 -. _ - ' .., . . i . _�'t < e Plan_ and oeattc l at the 11. w- ..•,-r • And Lel_ Drive (Parcel No. 5357_01090_0/,51 570100241, and 5 57Q100225), Deviators 6-_ D_ eviction from L.DC section 5 06.Q4, )jam , which permits an additional pole or �roun for parcels having f� ntaee Qf ISO g }gte on , • .li -- • .m. e u _lj•p_st:eet fronta e of .22_Q li.neafeeu ere there is a minimum of a 1 000 feet separation between such signs to allow for a .tnaximum of two ) si ns on the C-2 tract_-flat fronts on U x,_41- one_of,_w_s• h •, •:: . _. -• •u the • e, _: ands •! . ui , ••a • . e• •• • ri.- --- - -- � • eel . fr•• -- --- ,.e • n •• _•• • �'_sf ' 4 • •- -s _'. . 1•' d v'ai• _.•- sIe _t_o the 9-acre tract designated as `C-2' - • Us- P . ._sdI• . • _ .• n. - ,w-st s, ero:_ .. t.�s� was Es1jsangsle lvd• (parse, :. 55425O01QQ8). 15-1 Lely Resort PUDA-PL20140002040 Exhibit F Words struele-threugh are deleted; Last Revised:March 27,2015 Words giarajined are added 7 pej' tion 7• Devi- 'on ' y I ,n i ,„41§ ..' . .L.:2,0, I�t� Eld_ si1[1.. 0Z1 an.on jt.ristroadway to allow for �q xIpm i in f 1 ma a et fora 1e or !. .t '°i e . al 1 r• !• ■ deviatip _a 11 S s91 t a - on R ,ed al� c1S{e�j Pl4A.__ '-��; . t klit' :t?rttgrf_=famiami ir 11..: tsL.,Tr angle E Ivd.APJi'c : .42i.9.019.08JLAI J y 9 t _Y acalign,=.- 5 12gzsd at the southwest corner of 1es, ._u� '---- 14... . '' ' tn.V '; • 535701 00063, 53570100241,,and 535701002251. 15-2 Lely Resort PUDA-PL20140002040 Words styes are deleted; Last Revised: March 27,2015 Words > osiked are added 1 • • i EXHIBIT H j • It ty. 4. r)4, / ' ••!R .RR S` !iii! "-■ ''..... 1: •;" "1:"fY igc, )i )!I j': g c 41 45. . .„.....--.----,; Sti . i. i ::: (—C: b "i„,),,,,, , ., , ....,...,„... . ...... , .,. ,.::,...„.,,, 8 0 • 1 S r�F t-:':Erg 1'cfS I pa ,. ..'$c---;-..."h(''Vs.....;!.(,:ti . --- i'.. * : •I, i"--1,...1.11.1 ... •.. ., ' 5.t"..:0„V-),, j. ..,... ' ..0A, \... '..;‘,„.1■0 \ ‘-."'" ' :'",1),,, V,iii.;:zy7"1:." At,/ ! •♦C .:a.:.''..C,,`L. \ ''_f.�t, A "1.r:►''' R ,. R. r': K., / .T jX_ 5[`� S t .w tiq a R o• r,,,, L L" �t •�. E' /J 1 ^ I. I. C of 111 �. 5 /,i y h .•.1 ..�r1_y� f �• R 'l.�;J.••4!',i."y Rc. •; z'• zdt.r..:,.W..{'jr=';.w.}.: School '=GO Y "• \, (J}I .......L.„.1�. �t`� 1 ac a y . Ot ....�... 1r \ .71 .• ,:.., // r::.: 3 M..p ;;. R q.. .-_- Ti cc a ft 1 )...• e1 .0 pi f / I(-. 0 / :PR LEGEND � l' 1 I ((y�. R � A s! SYM1 IT(Mt ACRE? R C 1 t'-i - ( t-, I - 1,/) '4a; l A; AEil0lMT,AL .ww wr r.r..w 1188.0 (+, R C1 COYYERCIAL/COYYt1RYT )1.0 �'�!` + !'�.i• w w.rw Jf� 't .'-•,4 e./,1""1.3° t "CI COMMCRCIAL/POWESS1ORAL 11.0 "3 i"a /' C COIdMIAC)a /REMRea111000 A4.0 , lr,(j� +•. �'(.,./ CSI rt 4 .R, 10• [0160M COLLCOE 4 4.O I'l t'''�1, N. V A �'Ai.,:...wp. '-. R C0: C�L_RAL CENTtl 40.5 „s ._,• 7AA; . `,}^J 4,7"., ¢1' IIC at:ORT CENTER u.0 PO 4 C '''7C< ,"tnl`'•,tc R.. ,' . E7i:::E 405.s •.♦ ',•:J, ' . Y e.. 1 C ? .t qq• -i; MAJOR COLLECTOR 70.5 Y\. ':4 7 N 3 '','x' Ma0w COLLECTOR 64.0 �..�'w A Y:Y..i LOCAL ROAD 26.5 1*i'!" (/�� ACREAGE *AAA C2 i j•�: Y, 161 R.O.W.RESERVE 9.0 TOTAL ACACABE AREA 2112.0 TOTAL ORM 1.1411 1 4 TOTAL COMMOIaAL SO.FT. 1.474.000 �' t 5 Lely Resort PUDA-PL20140002040 Words ciraeli eagh are deleted; Last Revised:March 27,2015 Words underlined d are added 3 f Co ler County Growth Management Division 2015 Land Development Code Amendments Cycle 1 Collier County Planning Commission Meeting May 21St, 2015 Collier County Planning Commission Thursday, May 21,2015 2015 Land Development Code Amendments—Cycle 1 No. LDC Section LDC Amendment description Privately Initiated Amendments 1 LDC Section 4.08.07 This is a privately initiated Amendment to allow for deviations within an SRA and other changes, including but not limited to: • Establish NIM with notice of meeting to the SRA Application Review process and any amendments thereafter within the section. • Establish and define insubstantial and substantial change determination process to the SRA document and master plan. • Proposes a 40"wide street cross section for neighborhood general with one sidewalk on one side of the street. • Allows development document and any amendments to development document to make requests for variations and deviations from LDC. Provides an alternative economic assessment method. Environmental Amendments 2 LDC Section 3.05.07 Delete inconsistent language in LDC concerning setbacks from preserves. 3 LDC Section 3.05.02 Provide criteria when prohibited exotic vegetation may remain on and 3.05.08 property when developed. 4 LDC Section 10.02.06 Amendment will be continued to the June 4th CCPC meeting. Revise the agricultural clearing permit provisions to be consistent with the GMP and provide clarity on process. 5 LDC Section 10.02.06 Revise Coastal Construction Setback Line (CCSL) permit section to exempt environmental restoration and BCC approved beach and inlet restoration projects. Impact Fee Amendment 6 LDC Section 10.02.07 Revise several Certificate of Public Facility Adequacy(COA) provisions, including: a. Remove the timeframes for COA for temporary structures; and b. Permit developers to transfer remaining funds to same/adjacent districts All other Amendments 7 LDC Section 2.03.07 Extend the Interim Deviations for the Immokalee Urban Area. 8 LDC Section 2.03.09 Amendment will be re-heard on Monday,June 8, 2015 at 5:05 pm. Re-codify Table 2.1 to reflect Golf Course setback requirements. 9 LDC Section 4.02.04 Address cluster housing and zero lot line developments. 10 LDC Section 4.06.05 Amend the 200 sq. ft. rip-rap maximum contained in the Slope Treatment Table. 11 LDC Section 4.06.05 Amend slope treatment requirements to clarify they do not apply to single family lots. 12 LDC Section 4.08.07 Correct an error in the Collier County RLSA Overlay SRA Characteristics Chart.The table refers to underlined uses, however there are no underlined uses listed. 13 LDC Section 4.06.02; Jeff Wright, Director of Code Enforcement, will present information 4.06.05; 5.06.04 regarding commercial sign holders prior to LDC Amendment. Amend the landscaping and commercial signage provisions to allow for improved visibility. 14 LDC Section 10.02.04 Correct an inadvertent error in the Minor Final Plat section. 15 LDC Section 10.03.06 Identify that a NIM is required for a SRA Amendment. 16 Appendixes Add Performance Bond Templates to the Appendixes. Tab: Summary Sheet 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations DSAC-LDR DSAC CCPC BCC LDC Section(s) Proposed Amendment Overview Subcommittee Recommendations Recommendation Recommendations Recommendations April 6,23,29 May 6 May 21,June 4,8 June 23 and July 14 Origin:Growth Management The proposed amendment provides No changes,approved Approved unanimously on Department for the use of the interim deviations unanimously. May 6. 1 Author GMD Staff for the Immokalee Urban Area until Section:2.03.07 Immokalee future Comprehensive tmmokalee Urban Overlay District Overlay LDC amendments are adopted. Origin:Planning and Zoning The proposed amendment re- Approved unanimously with Approved unanimously on Author:GMD Staff establishes a setback and landscape changes to formatting. May 6. 2 Section: 2.03.09,4.02.03 Golf buffer requirement for a golf course Course Setbacks clubhouse,maintenance building, and accessory uses in the golf course district. Origin:Environmental The proposed amendment deletes No changes,approved Approved unanimously on Author:GMD Staff conflicting language with regards to unanimously. May 6. 3 Section:3.05.07 Preservation exemptions for single-family Standards residences from preservation standards. Origin:Board Directed The proposed amendment provides Approved unanimously with Approved unanimously on Author:GMD Staff criteria when certain prohibited the following changes: May 6. Section: 3.05.08 Prohibited exotic vegetation may remain on Exotic Vegetation property when developed.Some 1)To section 3.05.08 D housekeeping measures are included "The County Manager or to correct inconsistencies to single- designee shall approve such a 4. family exemptions. request upon finding that gra of the following conditions exist.no_less than one o the This section has been revised Page 1 of 7 5/14,-2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations to read"'The County Manager or designee shall approve such a request upon finding that no less than one at least one of the following criteria has been met." 2)To section 3.05.08 D.1 "...in accordance with the landscape requirements at the time of permit approval.for the County" This change has been included in the amendment. Origin:Planning and Zoning The proposed amendment Approved unanimously with Approved unanimously on Author:GMD Staff establishes that windows can be ! the following May 6. Section:4.02.04 Standards For designed on the zero lot line portion recommendation: Cluster Residential Design of a residential dwelling unit Describe a zero lot line and adjacent to an adjoining residential explain windows previously on lot. zero lot lines could not meet 5. fire code,but now can.It questioned why PUDS are mentioned in 4.02.04.It is because cluster development is a design technique allowed within all residential zoning districts. Origin:Board Directed The proposed amendment provides Approved unanimously with Approved unanimously unanimauslyan Author:GMD Staff flexibility for Type D landscape the following #fib. Section:4.06.02,4.06.05, buffers to improve visibility of recommendation: 5.06.00 Sign Regulations and shopping centers and commercial Identify in the narrative one Landscaping on premise signs.Signage provisions canopy tree may be are clarified and flexibility substituted at the ratio of 6. introduced for directory signs. three medium size trees for each canopy tree but for no more than 40 percent of the required canopy trees within the abutting right-of-way landscape buffer strip.Identify in the narrative the previous Page 2 of 7 5/14/2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations reason for the 8 panel limitation which was to restrict these signs to only buildings with no more than 8 tenants., However there is no code language regarding this sentiment.Further,it is important to note there is no provision regulating the content or text size within a panel. Origin:Engineering Dept. The proposed amendment' Approved unanimously with Approved unanimously on Author:GMD Staff eliminates slope treatment the following recommended May 6. Section:4.06.05 General requirements for single family lots. change to section 4.06.05 J.1: Landscaping Requirements Single family lots,however Slope Treatments this exception shall not apply to berms within platted easements'.This change has been incorporated into the amendment. Additionally,it was recommended that grass or sod should be added to the list of treatments for slopes that are no steeper than 3:1. This change was incorporated has been incorporated into the amendment. Origin:Engineering Dept. The proposed amendment removes No changes,approved Approved unanimously on Author:GMD Staff the limitation an the use of rip-rap unanimously. However,the May6, Section:4.06.05 General for rapid flow water management Subcommittee requested staff Landscaping Requirements— areas or sloped areas with less than follow up regarding,1)the Ri ra 200 square feet and a maximum need for vines or ground cover p p height of 30 inches. when rip-rap is used,and 2) yy whether the list of 8' professionals permitted to sign-off on engineered plans for vertical retaining walls should include a Landscape Architect. 1)Staff has verified that vines Page 3 of 7 5/14/2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations or ground cover are not intended to be required for slopes using rip-rap. The requirement to provide 80 percent coverage within 1 year S1L...- has been clarified in the amendment. 2)Chapter 61e10-I5.001(7)of 'wa the Florida Administrative Code indicates that Landscape Architects may practice the "analysis and design of grading and drainage, stormwater management, irrigation,systems for erosion and sediment control,and pedestrian and vehicular circulation systems where such systems are pertinent to the practice of landscape architecture." Origin:Board Directed The proposed amendment corrects a Approved unanimously with Approved unanimously on Author:GMD Staff scrivener error to the SRA the following changes: May 6. Section:4.08.07 SRA Characteristic Chart and clarifies the Revise table headers to read, g' uses that not required for properties "Uses Allowed But Not Characteristics Chart designated in the Stewardship Required" Receiving Areas(SRA). Origin:Engineering Dept. The proposed amendment removes No changes,approved Approved unanimously on Author:GMD Staff an inadvertent error in the criteria unanimously. May 6. Section:10.02.04 fora Minor Subdivision Plot which 10. Requirements for Preliminary stipulates that a subdivision must not be part of Planned Unit and Final Subdivision Plats Development in order to request n ��p`,r Minor Final Subdivision Plat. Page 4 of 7 5;14/2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations Origin:Environmental The proposed amendment amends Approved unanimously with Approved unanimously on Author:GMD Staff the exemptions and uses that are the following changes:1)Add May 6. Section:10.02.06 subject to€he Coastal Construction "Except as exempted in Requirements for Permits Setback Line(CCSL)permit or subsection 4 below,"to the CCSL Permits variance. first paragraph,and 2)Add to the exemptions'The following activities shall not require a CCSL permit or plan approval otherwise reasired by this section." 11. Change I has been incorporated into the amendment. Change 2 was not included as staff felt that the language could appear to exempt projects from required plan approvals rather than simply the CCSL permitting portion of those plans and could cause confusion. Origin:Environmental The proposed amendment:1) Approved unanimously with Approved unanimously on Author:GMD Staff clarifies that vegetation can be the following changes: May 6. Section:10.02.06 removed on Rural Agricultural(A) Revise the definition of"non- Requirements for Permits—Ag zoned property for single-family bona fide agricultural use," Clearing Permits accessory uses,2)establishes a process Administrative Code permit process for vegetation amendments simultaneously 12. clearing for non bona fide permitted with the LDC amendment and and accessory uses in the Rural several changes for clarity. Agricultural(A)zoning district,and Review the changes to the 25 3)clarifies the 25 year change in year period re lated to rezoning land use limitation for future bona lands cleared using an fide agricultural farm operations to agricultural clearing permit. be consistent with the GMP. Page 5 of 7 5/14/2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations Origin:Transportation The proposed amendment removes No changes,approved Approved unanimously on Author GMD Staff the timeframe of COA exemptions unanimously. May6. Section:10.02.07 for temporary use permits and Requirements for Certificates temporary construction and of Public Facility Adequacy development permits.Additionally, 11 the proposed amendment allows applicants who hold a balance in excess of the estimated transportation impact fees to transfer the remaining balance in accordance with the Code of Laws and Ordinances Sec.74-302. Origin:Planning Commission The proposed amendment requires a No changes,approved Approved unanimously on Author GMD Staff Neighborhood Informational unanimously. May6. Section:10.03.06 Public Meeting(NIM)rather than an 14. optional notice requirement for Notice and Required Hearings for Land Use Petitions ordinances or resolutions affecting a Stewardship Receiving Area(SRA) and SRA amendments. Origin:Engineering Dept. The proposed amendment adds Approved unanimously with Approved unanimously on Author:GMD Staff forms to Appendix A-Standard the following changes: May 6. Section:Appendix A Standard Performance Security Documents for Revise the introductory 15. Performance Security Required Improvements. provision of each document to Documents for Required be modeled off the Florida Improvements Statutes and read'The [vehicle)shall be substantially as follows:" Origin:Privately Initiated LDC Delete SRA Economic Assessment Approved unanimously with Approved unanimously on Amendment Report and Requirements to SRA changes. May 6. Author application.Allow deviations and Section:4.08.07 amendments to street cross sections.Allows development plan and any amendments to 16. development plan to make request for variations and deviations from LDC: Establish NIM with notice of meeting to the SRA Application Review process and any amendments thereafter.Add a 40" wide street cross section for neighborhood general. Establish Page 6 of 7 5/14/2015 2015 LDC Amendments—Cycle 1 Summary Sheet with Advisory Board Recommendations and define insubstantial and substantial change determination process to the SRA document and master plan. Page 7 of 7 5/14/2015 Tab 1: 2.03.07 Immokalee Interim Deviations Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DIVISION: Growth Management Department AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.07 Immokalee Urban Overlay Distri <k 9" CHANGE: The proposed amendment provides for the t�of the interim deviations for the Immokalee Urban Area until future Comprehensive Immokalee,Overlay LDC amendments are adopted. REASON: The interim deviations for the Ikalee Urban Overla ►.'strict were originally adopted in 2010 (Ordinance No. 10-23 in order allow fordeviations F =su the LDC prior to the adoption of more comprehensive LDC amendm s which vould implen the Immokalee Area Master Plan(IAMP). As a re a interim deviatioi were originally of ctive "until the adoption of Comprehensive Immokalee Overlay LDC amendments or until 24 months after June 11, 2010." Since that time, the interim wiations a been exceed twice by resolution of the BCC (Resolution No. 12-88 , ' Res*,* tion No -58) ha*°been used successfully to provide deviations to dumpstat closurtd landscape terminal island*. This amendment proposes,v= y remove the duration provisions in order to allow the interim deviationss, a in effe 'pent or until'more comprehensive deviation provisions can be ‘ed. This elin�e the need fp,4 the BCC to adopt additional resolutions to extend interim devtati DSAC-LDR:1l COMMENDATIONS:`o changes, approved unanimously. FISCAL & OP °„ TIONAI .3 PACTS: There are no anticipated fiscal or operational impacts at this time. RELATED CODES OR ' -ULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated impacts to the GMP at this time. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Planner, 3/17/15, 3/25/15,4/10/15 Amend the LDC as follows: 1 2.03.07 Overlay Zoning Districts 1 I:\2015 LDC Amendment Cycle\Amendments\2.03.07 Overlay Zoning Districts-Immokalee Interim Deviations\2.03.07 Overlay Zoning Districts-Immokalee Interim Deviations 5-13-15 FOR CCPC.docx 5/14/2015 9:22:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 * * * * * * * * * * * 2 G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District 3 with distinct subdistricts for the purpose of establishing development criteria suitable 4 for the unique land use needs of the Immokalee Community. The boundaries of the 5 Immokalee Urban Overlay District are delineated on the maps below. 6 * * * * * * * * * * * * * 7 7. Interim Deviations: Property owners within the Immokalee Urban Overlay 8 District may request deviations from specific dimensional requirements as 9 described in this section. A deviation request may be reviewed administratively 10 or by the Planning Commission depending upon its scope. This section 11 addresses the permissible deviations, limitations thereon, and the review 12 process. 13 * * * * * * * * * * * * * 14 f. Duration of these provisions. These provisions are interim in nature and 15 will be in effect until the earlier of either the effective date of-the 16 Comprehensive Immokalee Overlay LDC amendments-or 21 months 17 from June 11, 2010. An oxtension of these provisions may be granted 18 - •- _ - - . e:.: - - - - -=- - . - -•..e• '- • - _ . 19 # # # # # # # # # # #, # # 2 I:\2015 LDC Amendment Cycle\Amendments\2.03.07 Overlay Zoning Districts-Immokalee Interim Deviations\2.03.07 Overlay Zoning Districts-Immokalee Interim Deviations 5-13-15 FOR CCPC.docx 5/14/2015 9:22:03 AM Tab 2: 2.03.09 Golf Course Setbacks Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DIVISION: Planning and Zoning AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 2.03.09 Open Space Zoning Districts F 4.02.03 Specific Standards for Location of Accessory Buildand Structures CHANGE: To introduce a 50-foot setback requirement�for`Golf clubhouse and maintenance buildings. Previously, the 50-foot setback was required for clubhouses and maintenance buildings when located adjacent to residential zonin'districts. The amendment proposes to add the same setback requirement for all zoning districts. Additionally, the;amendment corrects a minor scrivener error. REASON: Currently, the LDC does not identify an accessory use setback requite'ment between golf course maintenance buildings .. residential ornon-residential property. Further, a recent Planning Commission meetin " ig d the lack f setback requirements for golf courses maintenance buildings. Prior to the re-codifieat b � � LDC in 004, Simon 2 2fi1 41'1'of the Golf Course zoning district contained a 50-foot setba or those peat tted accessory uses adjacent to any residential district. The provision re as follo;_ "�atpam Yard l uirem A fifty oot (50') yard setback requirement tp�er aping bufferingp�nt o Section 2.4.7.4,buffer type"b" shall provided adjacent any , ntial district is contiguous to the area of the golf c t, upon which is)meted the ' bhouse and all related activities to the clubhouse, and adja !;,to all maintertat buildin The length of the buffer shall be of a sufficient distance to block the view recreational activities,parking and any activities relative to any other brings,structures or outside activities from contiguous residences." When Ordinance 2(1(14-41 w adopted, the Open Space Zoning District was created to include the Golf Course zoning di '' "but limited the provision of uses to a golf course and normal accessory uses including certain uses of a commercial nature. Most recently Ordinance 2008-11 identified all the permitted, accessory, and conditional uses in this zoning district, but the setback requirement for structures were not acknowledged- Additionally, a scrivener's error is correct in LDC section 2.03.09 A.1., "RMF-6" district is corrected to"GC"district. Staff reviewed seventeen approved site development plans for golf course maintenance building setbacks with abutting residential and non-residential zoned properties. The review found a 50- foot setback would not create any new non-conforming structures. 1 I:\25 LDC Amendment Cycle\Amendments\2.03.09 Re-codify Table 2.1 to reflect Golf Course Setback\2 03 09-Open Space Zoning Districts 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term 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(1/2) the height of the building or structure from abutting residential neighborhoods. DSAC-LDR RECOMMENDATIONS: The subcommittee approved unanimously with reformatting footnotes. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ordinance 92-1 Ordinance 2004-41 and 2008- 11. Lee County LDC Section 111/4-372 Golf Course Distri GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: _. Prepared by: Richard Henderlong, Principal P P. "er,4/17/15 Amend the LDC as follows: 1 2 2.03.09 Open Space Zoning District 3 4 A. Golf Course District"GC". The purpose and intent of" " district is to provide lands for 5 golf courses and normal accessory ses to golf courses, luding certain uses of a 6 commercial nature.Thw C district ll be trra000tiance with the urban mixed use 7 district and the agricultural agriculturaftural district of the future land:use element of the Collier 8 County GMP. 9 1. The followisubsecions identify the uses that are permissible by right and the 10 uses that areallowable as.accessoryor conditional uses in the RMF-6 GC 11 d trio ; 12 �n a. Permitted mss. 13 1. Golf ses. 14 ;: b. Accessory Uses, 15 1. Uses and structures that are accessory and incidental to uses 16 permitted as of right in the GC district. 17 2. R ational facilities that serve as an integral part of the 18 p itted use, including but not limited to clubhouse, community 19 N, co er building, practice driving range, shuffleboard courts, 20 swimming pools and tennis facilities, snack shops and restrooms. 21 3. Pro shops with equipment sales, no greater than 1,000 square 22 feet. 23 4. Restaurants with a seating capacity of 150 seats or less provided 24 that the hours of operation are no later than 10:00 p.m. 25 5. A maximum of two residential dwellings units for use by golf 26 course employees in conjunction with the operation of the golf 27 course. 28 6. Golf maintenance buildings. 29 c. Conditional uses. The following uses are permissible as conditional 30 uses in the GC district, subject to the standards and provisions 31 established in LDC section 10.08.00, 2 1:\2015 LDC Amendment Cycle\Amendments\2.03.09 Re-codify Table 2.1 to reflect Golf Course Setback\2 03 09-Open Space Zoning Districts 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 1. Commercial establishments oriented to the permitted uses of the 2 district including gift shops; pro shops with equipment sales in 3 excess of 1,000 square feet; restaurants with seating capacity of 4 greater than 150 seats; cocktail lounges, and similar uses, 5 primarily intended to serve patrons of the golf course. 6 # # # # # # # # # # # # # 7 8 4.02.03 Specific Standards for Location of Accessory Buildings and Structures 9 10 A. For the purposes of this section, in order to determine yard requirements, the term 11 "accessory structure" shall include detached and attached accessory use structures 12 or buildings notwithstanding the attachment of such structure or building containing 13 the accessory use to the principal use structure or building. Accessory buildings 14 and structures must be constructed simultaneously with or following the construction of 15 the principal structure and shall conform with the following setbacks and building 16 separations. 17 * * * ° 18 Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront 19 Lots and Golf Course Lots in Zoning Districts other than Rural Agricultural (A) and 20 Estates (E)- Setbacks Front Rear Side Structure to structure (If Detached) 1. Parking garage or carport, single-family SPS SPS SPS 10 feet 2. One-story parking structures SPS SPS SPS 10 feet 3. Multistory parking structures SPS SPS SPS 1/142 4. Swimming pool and/or screen enclosure SPS 10 SPS N (one-and two-family) feet3 5. Swimming pool (multi-family and SPS 20 15 feet N commercial) feet 6. Tennis courts (private) (one- and two-family) SPS 15 SPS 10 feet feet 7. Tennis courts (multi-family and commercial) SPS 35 SPS 20 feet feet 8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 10 feet 15 feet See subsection 5.03.06 F. 9. Utility buildings SPS SPS 10 feet 10 feet 10. Chickee, barbecue areas SPS 10 SPS N feet 11. Davits, hoists and lifts N/A N/A 7.5 feet or SPS 15 feet 12. Attached screen porch SPS 10 SPS SPS feet4 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and mooring pilings N/A N/A 7.5 feet or N/A 15 feet 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish antennas NP 15 SPS 10 feet feet 3 I:\2015 LDC Amendment Cycle\Amendments\2.03.09 Re-codify Table 2.1 to reflect Golf Course Setback\2 03 09-Open Space Zoning Districts 5-13-15-CCPC docx Text underlined is new text to be added. Bold text indicates a defined term 17. Permanent emergency generators NP 10 See Sec. N/A feet 4.02.01 D.13 18. Golf clubhouse and maintenance buildings5 50 50 50 N/A 1 2 N = None. 3 N/A = Not applicable. 4 NP = Structure allowed in rear of building only. 5 SPS = Calculated same as principal structure. 6 7 *±-- = All accessory structures in Rural Agricultural and Estates zoning districts must meet 8 principal structure setbacks. 9 10 1 foot of accessory height = 1 foot of building separation. 11 12 2-In those cases where the coastal construction control line is involved, the coastal 13 construction control line will apply. 14 15 20 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of 16 bank, except Marco Island and Isles of Capri which may construct to a maximum of 17 seven feet above the seawall with a maximum of four feet of stem wall exposure, with 18 the rear setback of ten feet. 19 20 420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of 21 bank, except Marco Island and Isles of Capri which may construct to a maximum of 22 seven feet above the seawall with a maximum of four feet of stem wall exposure, with 23 the rear setback of ten feet. 24 5 The setback shall apply to external boundaries of the golf course district, and shall be 25 inclusive of separately platted buffer tracts. 26 # # # # # #.. # # # # # # # 4 I:\2015 LDC Amendment Cycle\Amendments\2 03.09 Re-codify Table 2.1 to reflect Golf Course Setback\2 03 09-Open Space Zoning Districts 5-13-15-CCPC.docx Tab 3: 3.05.07 Preserve Setbacks Text underlined is new text to be added. Bold text indicates a defined term 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 onsite 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.) DSAC-LDR RECOMMENDATIONS:No changes, approved unanimously. 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. I I:\2015 LDC Amendment Cycle\Amendments\3.05.07 Preservation Standards\3 05 07 Preservation Standards 05-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term RELATED CODES OR REGULATIONS: 3.06.07 H.3 Required setbacks from preserves; 6.01.02 C Protected/preserve area and easements 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: 5/13/15 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 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 # # # # # # # # # # # # # 2 I:\2015 LDC Amendment Cycle\Amendments\3.05.07 Preservation Standards\3 05 07 Preservation Standards 05-13-15 FOR CCPC.docx Tab 4: 3.05.08 Prohibited Exotic Veg. Text underlined is new text to be added Bold text indicates a defined term 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): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation CHANGE: Housekeeping measures to LDC section 3M5.02 to co t inconsistencies to single- family exemption and provide cross reference to app icable LDC sections. To provide criteria within LDC section 3.05.0S'when certain rohibited exotic vegetation may remain on property when developed. REASON: Upon review of the proposed' W amendment,:,errors were noted with regards to the exemption for individual single family dwell,units in'1i section 3.05.02. These include reference to zoning districts where a siri fam2�dwelling unit pn an individual lot is allowed and restrictions as provided by special ning o districts.Corrections made will have no impact on the LDC sio ns the sin fa, xer l�++n has been previously interpreted to apply to all zoning districts;6 there an t dt,. a ual siri_A ' family dwelling unit may be constructed. s. On May 27,:201 , R rop e rig onn er presented a potion to the BCC requesting an exception from Tit section 1:048 in o z to retain„Java plum (Syzygium cumini) on his property. Because of the age and of the ,lava plum trees, the property owner proposed the BCC designate Nett e trees as Specimen Try as defined by LDC section 3.05.09. This designation requires app +' by the BCC. The BCC Inter approved Resolution 2014-118 and the Java plums were allowed t , ain. The BCC also directed staff to review and bring back a proposed LDC w amendment that + ,+ allow for, lexibility in terms of the requirements and removal of certain species of trees. Removal of prohibited exot 'Vegetation is required by the County when property is developed. Species required to be removed during development are identified in LDC section 3.05.08. The plants identified in this section readily self seed and are known to be disruptive to native plant communities. They are also all listed as Category I invasive plant species by the Florida Exotic Pest Plant Council (FEPPC). Invasive exotic plants are termed Category I invasives by the FEPPC when"they are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives". Prohibited exotic vegetation in Florida includes both ornamental species and those which arrived to Florida, unintentionally. To date the only species requested by homeowners to be retained on 1 I:\2015 LDC Amendment Cycle\Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term individual parcels in Collier County for single-family residences when improved is the Java plum (Syzygium cumin), 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. The County has previously determined that properties may retain prohibited exotic vegetation when approved through a prior landscape plan. In such cases,ts_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 bright to staff >` ttention that an active bald eagle nest had been found in an Australian pine .the southern part`'of the County. To cover this unusual circumstance, a provision has been. included in the amen ent for retention of prohibited exotic vegetation within Florida Fish Wildlife4Conservation Commission (FWC) bald eagle nest protection zones and to have this eta ,� 'emoved in accordance with the FWC Bald Eagle Management Plan FWC Eaglet ent Guidelines, or'° s permitted by the U.S. Fish and Wildlife Service 01 and/or Prohibited exotic trees within FWC bald eagle nest protection zones would en all be removed over time as allowed/permitted by these agencies. Long distance dispersal,of seeds from exotic egetar is major concern in determining which species of prohibited'ttic vegetation may rein, n property.when developed. Species known to be frequently and widely disperses by birds, h as Brazilian pepper and carrot wood, or by water (Australian pine) are espe my problematic and have the ability to seed over great distances i of these species is not�ommeed. Of the-P% g aining specie cluded on the prohibited exotic species list, only Java plum and women's tongue (Albizia le g7'eck) are likely to be requested by homeowners to remain on single-family. when impri 7 and thiecause of their size and ornamental value. These two species are more .a problem l� ,ally and less likely to spread long distances, when compared to species dispersed by birds or water. Where adjacent to natural or other open space areas, dispersal of Java plum Into t areas by mammals such as raccoon and opossum is likely to occur, since the fruit of ggg„,dies are eaten and seeds subsequently dispersed by these animals. Studies have shown nightly:::;raging by raccoons to be up to about a mile. Opossums can forage for about one to one and a half miles. Dispersal of seeds of women's tongue is by wind. Where these trees are allowed to remain, maintenance/removal of these species is more likely to be a concern. Although women's tongue is widely planted as an ornamental in tropical and subtropical areas throughout the world, the County has not received requests to retain this species, and this probably because the tree is deciduous, losing its leaves for an extended period of time in late winter and spring, prior to the onset of the rainy season. Therefore, Java plum is the only species included in the amendment for retention on single-family lots when improved. 2 I:\2015 LDC Amendment Cycle\Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term 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 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 h 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 vegetati , the considerations noted above, and the prior May 24, 2014 BCC directi staff recommends the Board approve the provisions in the proposed amendment that pro for: 1. Allowing retention of prohibited exotic vegetatiion within eagle nest protection zones. 2. Where such vegetation has been planted to most landscape requirements for the County. 3. Retention of Java plum on .: . lots, su. to the proposed criteria.DSAC-LDR RECOMMENDAATIONS: _- amen was ved unanimously with the following changes: 1) To section 3.05.08 "The County Manager or designee shall,approve Such a request upon finding following n exist. nom` � : • : _- _-. . _ that any of the section has revised to read 'The County Manager or designee shall approve sure request upon ceding that, , at least one of the following criteria has beenhi " 2) To section 3.05.08R.1 "...in accordance with the landscape requirements at the time of permit approval. for the County" This change has been included in the amendment. FISCAL & OPERATIONAL IMPACTS: The process for determining when Java plum trees may remain on single family lots when improved is proposed to be administrative, without the public hearing requirement for Specimen Trees, to lessen the cost to property owners and the County. 3 I:\2015 LDC Amendment Cycle.Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term A procedure will be developed and incorporated into the building permit and/or inspection process for retention of these trees. This should be minimum cost to simply modify an inspections checklist to administer this provision. Homeowners will receive cost savings by not having to remove very large trees, where such trees would otherwise be required to be removed. The cost of physically removing large trees is more than if the trees are treated in place with herbicide, in lieu of removal. Both methods are allowed by the LDC, the latter being employed mostly on larger properties. It is important to note, that where Java plums are allowed to remain, they will likely spread onto neighboring properties. This will add additional costs four intenance for these adjacent properties, if new trees begin to grow. RELATED CODES OR REGULATIONS: =rW- 3.05.09 Designation of Specimen Tree 6.01.04 Removal of Exotic Plants Required MANAGEMENT PLAN IMPACT The prop: d LDC amen ent along with y.� qualifications/conditions for removal retention of vegetation has been deemed by staff to be consistent Conservation and Coastal Management EI ee <et (CCME) Policy 6.1.4. The CCME Policy is provided below. Other GM 'olici.es�, equire r ee al of invasive exotic vegetation from preserves,preserve buffers and mitt ation"a Policy 6.1.4: Prohibited invasive e c vegetation shall be removed from altItew developments. (1) Petitioners for site pl ,or play shall submkind implement plans for invasive exotic plant removal and long-terni-C ,, (2) The tin developrient is s� prepare and submit native vegetation mail nce p . hich cribe specs+ techniques to prevent re-invasion of the development site by prohibited €tic vegetation of the site in perpetuity. (3) The C shall maint. ao,a list o _prohibited invasive exotic vegetation species within the Collier Cot'Land Development Co and will update such list as necessary. OTHER NOTEStVERSION DATE: 5/13/15 Amend the LDC as follows: 1 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation 2 3 F. The following exceptions shall apply when there are no bald eagle nests: 4 1. A vegetation removal permit for clearing 1 acre or less of land shall not be 5 required for the removal of protected vegetation, other than a specimen tree, 6 on lots subdivided for 041y-single-family us•7 -- -- - - - - - - = -- -- - - -= g ' ' ' - -- •••- - - •- - - pursuant to LDC section 3.05.02 9 F.1.a.—c. This exemption shall not apply to lots on undeveloped coastal 10 barrier islands or in the ST, ACSC-ST or RFMU overlay districts 4 I:\2015 LDC Amendment Cycle\Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term 1 Fringe Mixed Use District when a higher native vegetation protection 2 requirement may not allow for 1 full acre of clearing. 3 a. A building permit has been issued for the permitted principal 4 structure (the building permit serves as the clearing permit); or 5 b. 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 8 c. All needed environmental permits or management plans have been 9 obtained from the appropriate local, state and federal agencies. These 10 permits may include but are not limited to permits for wetlands impacts 11 or for listed species protection. 12 # # # # # # # # # # # # # 13 14 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation 15 16 Prohibited exotic vegetation specifically incluCs the following: 17 Earleaf acacia (Acacia auriculiformis) 18 Australian pine (Casuarina spp.) 19 Melaleuca (Melaleuca spp.) 20 Catclaw mimose (Minosa pigra) 21 Downy rosemyrtle (Rhodomyrtus tomentos �' .; , 22 Brazilian pepper(Schinus terebinthifolius) ‘ '"`' 23 Java plum (Syzygium cumini) rW 24 Women's tongue (Albizia lebb 25 Climbing fern (Lygodium spp.) '' 26 Air potato (Dioscorea bulbifera) 27 Lather leaf(Colubrina asiatica) e 28 Carrotwood (Cupaniopsis anacardioides '4` ) 29 30 A. General. 31 1. Prohibited exotic vegetation removal and methods of removal shall be 32 conducted in accordance with the specific provisions of each local development 33 order. 34 2 Native vegetation shall be protected during the process of removing prohibited 35 exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36 3. Prohibited exotic vegetation shall be removed from the following locations, and 37 within the following timeframes: 38 a. From all rights-of-way, common area tracts not proposed for 39 development, and easements prior to preliminary acceptance of each 40 phase of the required subdivision improvements. 41 b. From each phase of a site development plan prior to the issuance of the 42 certificate of occupancy for that phase. 43 c. From all golf course fairways, roughs, and adjacent open space/natural 44 preserve areas prior to the issuance of a certificate of occupancy for the 45 first permitted structure associated with the golf course facility. 46 d. From property proposing any enlargement of existing interior floor space, 47 paved parking area, or substantial site improvement prior to the issuance 48 of a certificate of occupancy. 49 4. In the case of the discontinuance of use or occupation of land or water or 50 structure for a period of 90 consecutive days or more, property owners shall, 51 prior to subsequent use of such land or water or structure, conform to the 52 regulations specified by this section. 5 I.\2015 LDC Amendment Cycle'Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term 1 5. Verification of prohibited exotic vegetation removal shall be performed by the 2 e - : - - • - • - - - - '- - - - - • - • County Manager or 3 designee. 4 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have 5 been approved by the U.S. Environmental Protection Agency. Any person who 6 supervises up to eight (8) people in the application of pesticides and herbicides in 7 the chemical maintenance of exotic vegetation in preserves, required retained 8 native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of 9 Agriculture and Consumer Services certifications for Natural Areas Pesticide 10 Applicators or Aquatic Herbicide Applicators dependent upon the specific area to 11 be treated. When prohibited exotic vegetation is removed, but the base of the 12 vegetation remains, the base shall be treated with an U.S. Environmental 13 Protection Agency approved herbicide and a visual tracer dye shall be applied. 14 B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the 15 • - - • • • •- County Manager or designee for review on sites which 16 require prohibited exotic vegetation removal prior to the issuance of the local 17 development order. This maintenance plan shall describe specific techniques to 18 prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This 19 maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the 20 local development order shall be contingent upon approval of the maintenance plan. 21 Noncompliance with this plan shall constitute violatictiaf this section. The development 22 services director's field representative County Manager or designee shall inspect sites 23 periodically after issuance of the certificate of occupancy, or other final acceptance, for 24 compliance with this section. 25 C. Applicability to new structures and to additions on single-family and two-family lots. In 26 addition to the other requirements of this section, the applicant shall be required to 27 remove all prohibited exotic vegetation before a certificate of occupancy is granted on 28 any new principal or accessory structure and any additions to the square footage of 29 the principal or accessory structures on single-family or two-family lots. This shall not 30 apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not 31 having a roof impervious to weather. This shall not apply to interior remodeling of any 32 existing structure. 33 The removal of prohibiter ptic vegetation shall be required in perpetuity. Upon wv 34 issuance of a veg n rerval permit, subject to the provisions in LDC section 35 3.05.02 F and G, prohibited exotic vegetation may be removed 36 - -- - • - - -- - -- --- - - • •- - -•e -- - 37 le ); prior to issuance of a building permit 38 D. Exceptions. Prohibited exotic vegetation may remain on property when the County 39 Manager or designee receives a request from the property owner to retain the 40 vegetation. The County Manager or designee shall approve such a request upon finding 41 that at least one of the following criteria has been met. 42 1. The prohibited exotic vegetation has been previously approved through the 43 County development review process and planted in accordance with the 44 landscape requirements at the time of final local development order approval. 45 2. The subject lot is developed with, or proposed to be developed with, a single 46 family dwelling unit, and: 47 a. is not within the RFMU Sending Lands overlay district; and 48 b. is not within a NRPA overlay district; and 49 c. is not located on a undeveloped coastal barrier island; and 50 d. the vegetation requested to be retained is an existing Java plum tree(s) 51 that has attained a single-trunk diameter at breast height(DBH) of 18 52 inches or more. 6 I:\2015 LDC Amendment Cycle\Amendments\3.05.08 Prohibited Exotic Vegetation\3 05 08 Prohibited Exotic Vegetation 5-14-15 FOR CCPC.docx Text underlined is new text to be added Bold text indicates a defined term 1 3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such 2 vegetation occurs within a bald eagle nest protection zone, removal shall be in 3 accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle 4 Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 5 Where a bald eagle nest is determined to be "lost" as defined by the FWC, such 6 vegetation shall be removed as required by LDC section 3.05.08. 7 # # # # # # # # # # # # # 8 W 5 � ,,,A:,,, ,,,,k,..f4i,,:;,,,,, 1* ittliv. y 3 4A�.. �r 7 I:\2015 LDC Amendment Cycle\Amendments\3.05.08 Prohibited Exotic Veg elation\3 05 08 Prohibited Exotic Vegetation 5-14_15 FOR CCPC.docx COLLIER COUNTY'S EXOTIC PLANT REGULATIONS(1975-1995) DATE QRDINANCE REGULATIONS 5/6/75 ORD 475-21 Permit fee not required to remove AP.ME&8P 9125119 ORD#79.73 Exotic plant(8P&ME)removal requirnil during intlat clearing of each development phase of phases. Unlawful to engage in the sale,planting or infer-county transportation of live exotics and seeds thereof, [amends ORD#76-30.Section 81 1'29180 ORD#80-19 AP.ME,&BP removal shell be exempt horn the Coastal Setback Line Variance Procedure. [amends ORD#75-19 Section 3] 1(11/82 ORD#82-2 Prohibited trees. The following trees are specifically prohibited from use for meeting arty land_uape requirement' PM,AP,ET,ME,CT,BP,&JT. (Section 8.30,a.71 5125/82 ORD#82-37 Exotic plant(BP&ME)removal required during Initial cleating of each develotiniinit ritrase or phases Unlawful to engage in the at planting or inter-county transportation of live exotics and seeds thereof. [emergency ordinance], 11/9/82 ORD#82-113 Prohibited exotic plants are defined as the following BP,ME,OR,&AP, (amends ORD 882-37,Section 11 7131,89 ORD 11!89-41 Revegetation shall be accomplished with pre-existing species or other suitable species except those that are considered undesirable exotic species. The tollowing undesirable exotic species shall not be replanted or propagated; AP.81,BP,CB,CP,CS.DJ;HR,ME,CU,&TW, [amends 01DX82-2,Section 9,1.c.2(a)(3)1 8,7/89 ORD#89-49 Following a site development,a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. The plan shell desr;rit> control techniques and inspection intervals,shall be filed with and subject to approval by the County. (amends ORD#82-2,PUD Section( 3/7/89 ORD#89-50 " (amends ORD*82-2,ST Section) 8/7/89 ORD*89-51 " [amends ORD#82-2,PU Section] 877/89 ORD#89-53 " (amends ORD/F:82-37,Section 1.1,a,ORD#82-2,SDP Section] 8/14/89 ORD#89.57 Prohibited Species-The following species aie specifically prohibited from use for meeting any landscape requirement PM,AP,ET,ME,CT,BP, JT,OR &SI. This list shall be subject to revision as exotic species are determined to cause environmental compromise through invasive potential to native habitats,or be detrimental to human health or safety. [amends ORD*82.2,Section 8.30_a.71 9/29/89 ORD#89-63 Following e site development,a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. The plan shall desalt,. control techniques and inspection intervals,shalkbe filed with and subject to approval by the County. [amends ORD*82-2,SUP Section] Page 1 COLLIER COUNTY'S EXOTIC PLANT REGULATIONS(1975-1996) PATE ORDINANCE ,REGUtA IONS 5/6175 ORD#75-21 Permit fee not required to remove AP,ME&BP 9125/79 ORD 179-73 Exotic plant(BP&ME)removal required during initial.leanng of each development phase of phases. Unlawful to engage in the sale, or inter-county transportation of live exotics and seeds thereof [amends ORD#78-30,Section 81 1/29/80 ORD#80-19 AP.ME,&BP removal shall be exempt from the Coastal Setback Line Variance Procedure. [amends ORD#75.19,Section 3) 1/11/82 ORD#82.2 Prohibited trees. The following trees are specifically prohibited from use for meeting any landscape requirement: PM,AP;ET,ME,CT,BP,&JT (Section 8.30.a.7) 5/25/82 ORD#82-37 Exotic plant(BP&ME)removal required during Initial clearing nt each development phase or phases. Unlawful to engage in the sale,planting or inter-county transportation of Ilve exotics and seeds thereof. (emergency ordinance) 11/9/82 ORD#82-113 Prohibited exotic plants are defined as the following BP.ME,DR,&AP. [amends ORD#82-37,Section 11 7/31/89 ORD#89.41 Revegetation shall be accomplished with pre•eidstfng species or other suitable species except those that are considered undesirable exotic species, The following undesirable exotic species shall not be replanted or propagated: AP,BI,BP,CO,CP,CS,DJ,HR,ME,QU,&TM/. [amends ORD#32-2,Section 9,1 c 2(a)(3)I 817/89 ORD#89-40 Following a site development,a maintenance program shall be Implemented to prevent rsinvasion of the site by exotic species. The plan shalt describ- control techniques and inspection intervals,shall be tiled with and subject to approval by the County. (amends ORD#82-2.PUD Section[ 0/7/89 ORD#89-50 " " [amends ORD#82-2,ST Section) 8/7/89 ORD#89-51 " " (amends ORD#82-2,PU Section) 8/7i89 ORD#89-53- " [amends ORD082.3T,Section 1.b&ORD#82.2,SDP Section) 8/14/89 ORO#89.57 Prohibited Species-The following species are specifically prohibited from use for meeting any landscape requirement: PM.AP.ET,ME,CT,BP, JT,OR &BI. This list shall be subject to revision as exotic species are detenntned to cause environmental compromise through invasive potential to native habitats,or be detrimental to human health or safety. [amends ORD#82-2,Section 8.30...7) 9/29;89 ORD#80.63 Following a site development,a maintenance program shall be implemented to prevent reinvaslon of the site by exotic species. The plan shall describ control techniques and inspection intervals,shall,be filed with and subject to approval by the County. [amends ORO#82-2,SMP Section) Page 2 COLLIER COUNTY'S EXOTIC PLANT REGULATIONS(1975-1996} DATE ORDINANCE REGULATIONS iCONTINUED) 10131190 OR()#91-i02 Herttuoides utilized in the removal of prohibited exotic vegetation strati have been approved by the U.S.Environmental Protection Agency, and a visual tracer dye shall be applied (Subsection 3.3.5:6.5) 10130191 ORD#91-i02 When pmhibiluct exotic vegetation is removed, but the bane at the vegetation remains,the base shall be treated with an U.S.Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. [Subsection 3.9.6.8.4.2) A maintenance plan shall be submitted to the Development Services Director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasian by prohibited exotic vegeta- lion of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum, issuance of the local development order shall be contingent upon approval of the maintenance plan. Noocirmpiiance with this plan shall constitute vioiatitm of Division 3.9. The Development Services Director's field representative shall inspect sites periodically after issuance of the ceiiiti;.ate of occupancy,or other final acceptance,for compliance with Division 3.9. [Subsection 3.96 6,5((tepeals ORD#89•49( In addition to the other requirements of Division 3.9,the applicant 51ia11 be required to remove on single family and Iwo-family lots for all new principal dwelling units,all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required In perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic venetian may be removed from lots which are zoned residential single-family este village residential,and mobile home prior to issuance of a building permit, (Subsection 3.9.8.8.8J(repeals ORD#62-37,as amended( Disposal of exotic vegetation.The disposal of the prohibited exotic vegetation after removal shall be approved as a pelt of the local'development order. Disposal sites may include,but not limited to mulching facilities at the Collier County landfill. [Subsection 3.9.6.8.7) KEY Al=Australian inkberry(Scavola fivfesoena) ET=Ear tree(Enterolobiunr cyclocarpum) AP Australian Pine(Casuedne spp::) EU=Eucalyptus(Eucalyptus sop) Dl=Ershopwood(aischofia Jamaica) HR=Hunters Robe(Raptridophefa sures) 9P=Brazilian Pepper(Schinus terbrnl hobos) IR=Indian Rosewood(Datfinegin arson()) (B=Castor Bean(Rictnus commurus) JP=Java Plum('ytyyium corolla) CM a Catclaw Mimosa(Mimosa pigs) JT=Jamaican Tall Palm(Cocos nc fere) CP-Common Papaya(Calico papaya) ME=Melaleuca(Meta/mica app.) CS a Common Snake Plant(Sanseviera attascfata) PM=Paper Mulberry(6ruasecetiepapyri re) CT=Chinaberry Tree(Melia azeriarach) QU=Queensland Umbrella.Tree(Scbefflera writ nnphy*a) DJ =Day Jessamine(Cestrum(Kunlun') SO=Silk Oak(Grorvailea robusta) DR=Downy tosemyrtie(Rhodom)rttus tomemntosus) TW=Trailing Wedelia lWadeta nlobata) EA=Earleaf Acacia(Acacia aurrcuiiformrs) WT=Women's Tongue(Albreie lebbeck) Mane.a Page 3 Tab 5: 4.02.04 Standards for Cluster Design Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department DIVISION: Planning and Zoning AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 4.02.04 Standards for Cluster Residential sign CHANGE: This amendment proposes to allow wincli,tiOe designed on the zero lot line portion of a dwelling unit. Zero lot line is defined in the LDC as: The location of a building on° in such a manner that 1 or more of the building's sides rest directly on ta,lot line. Therefore, the wall that rests directly on a lot l wily M, allowed to ha windows. The amendment will continue to apply tc �,ventional zones ® iticts and PUD districts. REASON: This section sets forth stag+ s luster rest , ial housing design to provide for �' �� g g p an innovative alternative to conventional Inmg'district devel'' ent in RSF-1 through 6, RMF- 6, PUD, VR and PUD zoning tricts. 'ry LDC section 2.6.27 ,, r Ordin ;' 91-102 , 'cluster - .ing by conditional use approval for conventional resid , , develt « ent in milt,'SF, RMF, and VR zoning districts. One of the standards established t , A set e ports+ pf a dwelling unit shall be void of doors and windows Th o 4f r ce did n." `�` ;Q� � y�` �mc � PUDs. The ordinance was subsequently amend + modus: ' Ordi g=,_ 92-73 s 2. .27.2 Applicability and PUDs were added. The con onal use prov,. , was r ved for t h . conventional zoning districts. Today, most cluster residen ,designs?, 'thin PUDs with zero line housing product feature windows. Windows provide light and often air, and can be integral to the design of a courtyard or zero lot home NtinaintenairdA purposes, the existing code requires a three-foot easement on the abutting property,wh is,*is rded, and runs with the land on the residence with the zero lot line. Privacy may be A'' for homeowners, but can be accomplished by the builder or homeowner with the instal on of an interior window treatment, a clerestory window (above eye level), or frosted window glass. The minimum separation between dwelling units is 10 feet, which is consistent with the Florida Building Code, section R 302.1. This amendment follows a recent Collier County Planning Commission petition, Hibiscus RPUD, heard in February 2015. The petitioner requested several deviations,one to allow windows along portions of the principal building that is on the zero setback line. County staff recommended approval fmding that, in compliance with LDC section 10.02.13 A.3 "the element may be waived without detrimental effect on the health, safety, and welfare of the community" and pursuant to LDC section 10.02.13 B.5.h., the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Doors will continue to be prohibited since 1 I:\2015 LDC Amendment Cycle\Amendments\4.02.04 Standards for Cluster Residential Design\4 02 04 Stds for Cluster Residential Design 5-13-15 FOR CCPC.docx 5/14/2015 9:22:32 AM Text underlined is new text to be added. Bold text indicates a defined term the property owner has limited space on a zero lot line and does not have the right to use an adjoining lot owner's property. PUDs can address any concerns with the section through the rezone process or subsequently through the PUD insubstantial change (PDI) process. Typically, PUD residential development standards include these deviations for cluster development standards at the time of rezoning approval. In LDC section 2.03.08 A. Rural Fringe Mixed-Use District (RFMU), design standards for clustered development vary slightly from the other conventional zoning districts. For example, a minimum lot area per single-family unit is 4,500 s.f. in RFMU vs. 3,000 s.f. in RSF 1-6 zoning districts. Therefore a cross reference has been added to direct applicants to the appropriate section. The following photos of cluster housing in the County: ■ ; f` ...; . _ Ilk ' ? r 1{ il.M11111.11.."- t �' i. /Ae 2015/02/14 03.50 PM = _ ,:_;;;2015/02/14 03:00 PM Door and Windows 15.2' side yard setback' `Door and Windows 15.2' side yard setback Hacienda Lakes Fiddler's Creek iii i .t gg J 1 OM 2015/02/1'4• 03 14- PM.. ., , a nump4 0@s PI 1;I`ti Windows 10.4' side yard setback Windows 10.4' side yard setback Fiddler's Creek Fiddler's Creek 2 I:\2015 LDC Amendment Cycle\Amendments\4.02.04 Standards for Cluster Residential Design\4 02 04 Stds for Cluster Residential Design 5-13-15 FOR CCPC.docx 5/14/2015 9:22:32 AM Text underlined is new text to be added. Bold text indicates a defined term fr , ,- .1.4- , • t Illbigiat, _ 4 ZP P 0,'. Pi 03 03 sOXI '0 H 5;0? HI 0 IH PM 'mss : Windows 10.34' side yard setback Windows 10.34' side yard setback Fiddler's Creek Fiddler's Creek _ ° ij ;sue iii" ____ . ' rale" 0' ' 'L . - i,, , , .:--»a_. i i RODORT8I4 CEIsCO XI - 201.51oWi14 ol ai ,,Nri Windows 10.26' side )ard setback Windows 10.26' side yard setback Fiddler's Creek Fiddler's Creek DSAC-LDR CHANGES: The subcommittee requested staff to describe a zero lot line and explain windows previously on zero lot lines could not meet fire code, but now can. It was suggested an explanation be provided in the narrative. By Florida Building Code-Chapter R302.1 and Table R302.1 (1) exterior wall elements do not have to be fire-resistance rated if the minimum fire separation distance is equal to or greater than 10' from an adjacent building exterior. However, the under side of an overhang or projection from the walls shall have a 1-hour minimum fire resistance rating. The subcommittee questioned why PUDs where mentioned in section 4.02.04. It is because cluster development is a design technique allowed within all residential zoning districts or where residential development is an allowable use. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ordinance 91-102 and 92-73. GROWTH MANAGEMENT PLAN IMPACT: None 3 l:\2015 LDC Amendment Cycle'Amendments\4.02.04 Standards for Cluster Residential Design\4 02 04 Stds for Cluster Residential Design 5-13-15 FOR CCPC.docx 5/14/2015 9:22:32 AM Text underlined is new text to be added. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner, March 23, 2015 Amend the LDC as follows: 1 4.02.04- Standards for Cluster Residential Design 2 3 A. The purpose of a cluster development design technique is to provide a unique and 4 innovative alternative to the conventional residential development in the RSF 1 through 5 6, RMF-6, PUD and VR districts by creating a more varied, efficient, attractive, and 6 economical residential development containing a more usable pattern of open space. It 7 is intended to implement the (GMP) by, among other things, encouraging compact urban 8 growth, discouraging urban sprawl, and encouraging the conservation of environmental 9 resources. 10 B. This section shall apply to all parcels of land under single ownership within the RSF 1 11 through 6, RMF-6, VR and PUD zoning districts which permit cluster development. See 12 LDC section 2.03.08 A.2 for clustering`standards in RFMU receiving lands district 13 . 14 C. Conditional uses approved for cluster development may reduce the lot area lot 15 width, and yard requirements within a zoning district, subject to the criteria enumerated 16 in this section. The lot area, lot width, coverage, and yard regulations of the residential 17 zoning district in which the cluster development is located shall be used as the basis 18 for all computations of allowed reductions. The following reductions in lot area, lot width, 19 coverage and yard regulations of the underlying zoning district shall be permissible 20 pursuant to the grant of a conditional use for cluster development. 21 1. The maximum allowable gross density in any cluster development shall not 22 exceed the maximum allowable gross density of the residential zoning district in 23 which the cluster housing development is located. 24 2. The following site design and dimensional standards shall apply to cluster 25 development: 26 Table 5. Table of Design Standards for Cluster Development. Design Standard Minimum lot area per single--family unit 13,000 sq. ft. Minimum lot width Cul-de-sac lotek. 20 feet All other lots %- 40 feet Minimum setbacks , Front yard front entry garage 20 feet side entry garage 10 feet Side yards zero lot line on one side 10 feet remaining side no zero lot line 15 feet each side Rear yard structure � principal 10 feet accessory structure 3 feet 27 D. Requirements for zero lot line developments: 28 1. The zero (0) lot line portion of the dwelling unit shall be void of doors of 29 windows where such wall is contiguous to an adjoining lot line. 4 1:\2015 LDC Amendment Cycle\Amendments\4.02.04 Standards for Cluster Residential Design\4 02 04 Stds for Cluster Residential Design 5-13-15 FOR CCPC.docx 5/14/2015 9:22:32 AM Text underlined is new text to be added. Bold text indicates a defined term 30 2. Where the nature of the construction of a residence has provided for zero (0) 31 side yard, footings and roof overhang encroachments may be permitted onto the 32 adjoining lot. A roof drainage system shall be put in place to prevent roof 33 drainage from falling onto the abutting property adjacent the walls of the 34 residence with the zero (0) side yard tolerance. Furthermore, provision shall be 35 made for a three (3) foot easement on the abutting property, which shall be 36 recorded running with the land with the residence enjoying the zero (0) lot side 37 yard, for maintenance purposes. 38 3. Roof overhangs shall be prohibited over adjacent property lines, unless a 39 recorded restrictive covenant creating the requisite easement interest for 40 encroachment, maintenance, and repair of the building overhang is an element 41 of the project. 42 E. Common open space. 43 1. All reductions in the minimum lot area, lot width, and yard requirements below 44 that which would otherwise be required within the district in which the cluster 45 development is located shall be required to provide an equal amount of 46 common open space within the same phase and general area of each cluster 47 of homes in the development unless said cluster development is part of a 48 planned unit development where the open space requirements of this LDC 49 have been satisfied. 50 2. Common open space shall be reserved for recreational uses. 51 3. Any commercial uses recreational facility subject to membership, registration, 52 fees, or aimed at attracting outside users, shall not be counted as common 53 open space. 54 4. The sale, lease, or other disposition of common open space shall be prohibited 55 except to a nonprofit corporation or homeowners' association or other similar 56 entity established under the laws of Florida to administer and maintain the 57 facilities subject to a deed restriction acceptable to the County to limit the use of 58 said property to common open space. Provisions shall be included to assure 59 the continued maintenance of the common open space area. 60 5. Access rights to common open space for all residents within the cluster 61 homing ing development shall be guaranteed. 62 6. Land utilized for common open space shall be restricted to common open 63 space in perpetuity by appropriate legal instruments satisfactory to Collier 64 County. Such instrument shall be binding upon the owner, developer, his 65 successors, and assigns, and shall constitute a covenant running with the land, 66 and be in recordable form. 67 F. Additional reduction to the development standards provided at sections 4.02.04 C.—E. 68 may be approved by the Collier County Planning Commission for projects defined as 69 common architectural theme projects. In determining whether or not a project qualifies 70 as a common architectural theme project, the BCC shall determine that all of the 71 following design features are incorporated into the project: 72 1. The architectural style of the dwelling units/structures shall be similar in design 73 and in the use of materials and color. 74 2. The residential project shall have a signature entranceway which serves to 75 identify the development as having a common architectural theme. The 76 entranceway design and improvement elements shall include some or all of the 77 following: the use of landscape materials, gated structure, water features, 78 sculpture, and ornamental pavement surfaces. 79 3. Street materials, signage, and lighting shall be complementary and the same 80 throughout the project's accessways. 81 # # # # # # # # # # # # # 5 l:\2015 LDC Amendment Cycle\Amendments\4.02.04 Standards for Cluster Residential Design\4 02 04 Stds for Cluster Residential Design 5-13-15 FOR CCPC.docx 5/14/2015 9:22:32 AM Tab 6: 4.06.05 Rip-Rap Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DIVISION: Engineering and Natural Resources AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 4.06.05 General Landscaping Requirements Rip Rap i:. CHANGE: The amendment proposes to remove the ltatii on rip rap and other forms of erosion and scour protection in concentrated, rapid flow:twater''; .:&.agement areas or sloped areas with less than 200 square feet and a maximum _>ght of 30 es contained in the slope treatment table. rya" ,xS The amendment also clarifies the requirement for slopes •• steeper than 2:1 to provide 80 percent coverage within 1 year. �' REASON: Currently, rip-rap or other fors of erosion d scour protection like GEOWEB or interlocking pavers is limited to rapid flow ` nanagem .areas or sloped areas less than 200 square feet with a maximum height of inches When thope table was added to LDC section 4.06.05 in 200 limitation s based this aesth- easons. Additionally, the standards for slopes retO'ligeknajon protectiqn or elite;hardening were designed for larger projects. However, a 200 square fj area ay bbe unnecessarily restrictive in situations when a large project regt� ��ation t��ir p t lon F '•s ermore, there are several benefits to using rip rap or other forms cif erosi4nnd scour-pie�it'en compared with seawalls. Therefore the amendritlit proposes aliC1,4 the c •ent limitation on rapid flow water management areas or sloped areas less than 200 it,tkare feet", apply only when located in landscape buffers. For all other areas, Oak would allow r the u° •f less expensive and easier to maintain hardening methods in-lieu eawalls. Rip-rap is a so associated with fewer environmental impacts than seawalls. DSAC-LDR RECO .: l� °IONS: No changes, approved unanimously. However, the Subcommittee requested std ®follow up regarding, 1) the need for vines or ground cover when rip-rap is used, and 2) whether the list of professionals permitted to sign-off on engineered plans for vertical retaining walls should include a Landscape Architect. 1) Staff has verified that vines or ground cover are not intended to be required for slopes using rip-rap. The requirement to provide 80 percent coverage within 1 year has been clarified in the amendment. 2) Chapter 61G10-15.001(7) of the Florida Administrative Code indicates that Landscape Architects may practice the "analysis and design of grading and drainage, stormwater 1 I:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Rip-Rap\4.06.05 General Landscaping Requirements-Rip-Rap 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term management, irrigation, systems for erosion and sediment control, and pedestrian and vehicular circulation systems where such systems are pertinent to the practice of landscape architecture." FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts anticipated at this time. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan impacts associated with this amendment anticipated at this time. OTHER NOTES/VERSION DATE: Another amendment in is cycle amends the applicability of the Slope Table to exempt single family lots and slopes. 2 feet in height or lower when the slope is no steeper than 3:1. by Jeremy Frantz, Planner, 2/19/15, 3 3/15,'4/10/15, 4/24/1 ,£ y Amend the LDC as follows: 1 4.06.05 General Landscaping Requirements 2 * * * * * * * '' * 3 J. Treatment of slopes: The folio ape and engineering standards shall apply to 4 all landscape areas except for Go, Co See Sloe Table 4.06.05.J., and Slope 5 Cross Sections 4.06.05.J. 6 Slope Table 4.06.05 J. Slope Ratio Slope.TreatMe'nt S " below. No Steeper ;� ti Grass.See Figure 3`' elow. Than 4:1 gees Ground Coverirnamental Grasses, and Shrubs. (4 horizontal 74 to 1 vertical) 1 No Steep,' Trees,Ground Viers, Ornamental Grasses, and Shrubs. See Figure 2 below. Than 3:1 Requires ° surf'.coverage at time of installation and 80% coverage within (3 horizons 1 year and avoid soil erosion to 1 verticals Toe of slope shall be setback a minimum of 2 feet from sidewalks and paved surfaces. No Steeper rap or otheforms of erosion and scour protection. See Figure 1 below. Than 2:1 When WhettWed forsater management systems within a required buffer pursuant to (2 horizontal LDC se 4 -b2 D, rip-rap or other forms of erosion and scour protection are to 1 vertical) pPermitted 't•. ° in concentrated, rapid flow water management areas or sloped areas less than 200 square feet with a maximum height of 30 inches. Slopes requiring stabilization meted-with ground covers or vines shall provide 80 erp cent coverage within 1 year. No Steeper Permanent slope stabilization systems are required on all slopes steeper than Than 1:1 2:1 and no steeper than 1:1. (1 horizontal Stabilization systems shall require engineered plans signed and sealed by a to 1 vertical) Professional Engineer, Architect, or Landscape Architect registered in the state of Florida. Stabilization systems if visible from any road, access, or residence shall be set 2 l:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Rip-Rap\4.06.05 General Landscaping Requirements-Rip-Rap 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term back from property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a system is located within a landscape buffer all buffer plantings shall be located on the high or elevated side in a minimum 5 foot wide planting area with a slope no greater than 10:1. Stabilization systems shall not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. Set back requirements from sidewalks or paved surfaces shall be a minimum of 2 feet. Steeper Vertical Retaining Walls. See b, c, and d. below, See Also Alternative A & B Than 1:1 below. Walls over 30 inches in height shall require engineered plans signed and sealed by a Professional Engineer, Architect, or Landscape Architect registered in the state of Florida. Wall shall be architecturally finished or provide a natural appearance. See e. below Walls if visible from any road, access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% opacity within 1 year. In addition when a wall is located within a landscape buffer all buffer plantings shall be located on the high or elevated side of the wall in a minimum 5 foot wide planting area with a slope no greater than 10:1. 1 2 a. Slopes adjacent to required preserve areas shall be planted with 100% Florida 3 native species, shall provide swales to direct water flow away from preserves, 4 and meet setbacks as required by section 3.05.07.H.3. of this Code. 5 b. Perimeter water management walls shall not exceed 3 feet in height and shall be 6 setback from property lines a minimum of 2 feet. In addition when water 7 management walls are located in landscape buffers the walls shall be consistent 8 with section 4.06.02,D of this Code. All water management walls shall be 9 landscaped to provide 80% opacity within 1 year See Figure 4 below. 10 c. Water management areas with continuous vertical walls exceeding 20 feet in 11 length and/or open vaults are prohibited. 12 d. Vertical retaining wall requirements and standards do not apply to headwalls or 13 bridge abutments. 14 e. Architectural finish requires color, texture, and materials that are in common with 15 those used on surrounding structures. Exposed concrete walls are prohibited. 16 Natural appearance requires color, texture, and materials that mimic or occur in 17 nature. 18 # # # # # # # # # # # # # 3 I:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Rip-Rap\4.06.05 General Landscaping Requirements-Rip-Rap 5-13-15 FOR CCPC.docx Tab 7: 4.06.05 Slope Treatments Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DIVISION: Engineering and Natural Resources AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 4.06.05 General Landscaping Requirements;— Treatments CHANGE: The proposed amendment eliminates slopetre requirements for single family lots. Additionally, for slopes which are no steeper n s 3:1,the amendment exempts slope treatment requirements for slopes 2 feet in height or wer and adds'grass to the list of treatments for that slope. REASON: Prior to the 2005 LDC amendment cycle, the w lope treatments in LDC section 4.06.05 J applied to berms over two feet in height and; ddi standards applied only to berms adjacent to Interstate 75 right-of-wad:, Iowever, when `•pe table was added to this section, it applied to all slopes, regardless of a: n, and slo lower than 2 feet in height were not excluded. These standards were desi!ped for -+ -reside ,a (level° ants and large residential developments that wo a site ply o � : "appropriate landscaping techniques and engineering standar e slope Standards . e so intends to ensure that large berms and slopes do not become ,dous to !lain.tain application of these standards to slopes 2 feet in height or lower, howev d �,� on single family lots was never intended. Grass ber*-or sw. ' 2 fe height r lower do not present maintenance hazards. Additionally, applying these standx to slopes on single-family lots may restrict use (such as gardens) on these lots or nflic with other development standards, such as a Florida Department`of Health (FDOH �requirem for elevated septic systems with slopes between 2:1 and 5:1 to be `'stabilized with (F.A. . 64E-6.009). In this instance, if the slope table is applied to single f®;1.ly lots, the,;Collier County requirement for rip-rap on 2:1 slopes would conflict with FDOI .�uirerlts. By exempting single-family lots from slope treatment standards, the proposes+ °'e �� •ment eliminates this inconsistency for single-family lots. Furthermore, the standards " slopes requiring erosion protection or shoreline hardening were designed for larger projects and should not apply to single family lots. While this amendment exempts individual single family lots, berms or slopes over 2 feet in height or slopes within platted easements shall comply with 4.06.05 J. DSAC-LDR RECOMMENDATIONS: The subcommittee approved the amendment unanimously with the following recommended change to section 4.06.05 J.1: "Single family lots, however, this exception shall not apply to berms within platted easements,". This change has been incorporated into the amendment. Additionally, it was recommended that grass or sod 1 l:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term should be added to the list of treatments for slopes that are no steeper than 3:1. This change has been incorporated into the amendment. FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts anticipated at this time. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan impacts associated with this amendment anticipated at this time. OTHER NOTES/VERSION DATE: Another amendm is cycle amends the prohibition of rip-rap in areas 200 square feet or greater in the Sl ent ope's ri Prepared by Jeremy Frantz,Planner, 2/20/15, 3/3/15.3/9/15,4/1(P 5,4/29/15 Amend the LDC as follows: '""f072, 1 4.06.05 General Landscaping Requirements 2 * * x. 4 5 6 J. Treatment of sloped The landscaand n rina et: _-rds in Slope Table 4.06.05 7 J and Sloe Cr °1, s 4.06.06 -shall -‘,0,0A, land 'a•e areas exce•t the 8 following `' 9 1. Single fatVy lots, iwever, this exception shall'rot apply to berms or swales 10 within platted easert ts; ✓ 11 2. Gglf Courses:enc , 12 3. ghinneipr swales Meet in belobl or ter, if the slope ratio is no steeper than 3:1. 13 Slope T 4.06 06J � ' Slope Ra io Slope Treatment. See a. below. No Steeper Grass. See Figure 3 below. Than 4:1 Try, Ground Covers, Ornamental Grasses, and Shrubs. (4 horizontal ' `r to 1 vertical) No Steeper Trees,:Ground : ers, Grass,Ornamental Grasses, and Shrubs. See Figure 2 Than 3:1 below. (3 horizontal Requires percent surface coverage at time of installation and 80% percent to 1 vertical) coverage within 1 year and avoid soil erosion Toe of slope shall be set back a minimum of 2 feet from sidewalks and paved surfaces. No Steeper Rip-rap or other forms of erosion and scour protection. See Figure 1 below. Than 2:1 Permitted only in concentrated, rapid flow water management areas or sloped (2 horizontal areas less than 200 square feet with a maximum height of 30 inches. to 1 vertical) Slopes shall be stabilized with geo-textile fabric and be planted with ground covers or vines to provide 80 percent coverage within 1 year. No Steeper Permanent slope stabilization systems are required on all slopes steeper than Than 1:1 2:1 and no steeper than 1:1. (1 horizontal Stabilization systems shall require engineered plans signed and sealed by a 2 I:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5 13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term to 1 vertical) Professional Engineer, Architect, or Landscape Architect registered in the state of Florida. Stabilization systems if visible from any road, access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% percent opacity within 1 year. In addition when a system is located within a landscape buffer all buffer plantings shall be located on the high or elevated side in a minimum 5 foot wide planting area with a slope no greater than 10:1. Stabilization systems shall not exceed 3 feet in height and shall not be located on lake banks or in lake maintenance easements. Set back requirements from sidewalks or paved surfaces shall be a minimum of 2 feet. Steeper Vertical Retaining Walls. See b, c, and d. below, See Also Alternative A& B Than 1:1 below. Walls over 30 inches in height shall require engineered plans signed and sealed by a Professional Engineer, Architect, or Landscape Architect registered in the state of Florida. Wall shall be architecturally finished or provide a natural appearance. See e. below Walls if visible from any road,access, or residence shall be set back from property line a minimum of 2 feet and be landscaped to provide 80% percent opacity within 1 year In addition when a wall is located within a landscape buffer all buffer plantings shall be located on the high or elevated side of the wall in a minimum 5 foot wide planting area with a slope no greater than 10:1. 1 Slope Table 4.06.05 J. Notes: 2 a. Slopes adjacent to required preserve areas shall be planted with 100% Florida 3 native species, shall provide swales to direct water flow away from preserves, 4 and meet setbacks as required by LDC section 3.05.07.H.3. of this Code. 5 b. Perimeter water management walls shall not exceed 3 feet in height and shall be 6 setback from property lines a minimum of 2 feet. In addition when water 7 management walls are located in landscape buffers the walls shall be consistent 8 with LDC section 4.06.02.D of thie Codo. All water management walls shall be 9 landscaped to provide 80% opacity within 1 year See Figure 4 below. 10 c.,' Water management was with continuous vertical walls exceeding 20 feet in 1 1 length and/or open v t are prohibited. 12 d. Vertical retaining wall re€t cements and standards do not apply to headwalls or 13 bridge abutment 14 e. Architectural finish"'requires color, texture, and materials that are in common with 15 those used on surrounding structures. Exposed concrete walls are prohibited. 16 Natural appearance requires color, texture, and materials that mimic or occur in 17 nature. 18 Slope Cross Sections 4.06.05.J. 3 is\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term PLANTING 5: AREA 10;3 (moc) XFSTING G#ti0N5 rOROtfND 1>t : PERIMETER BERM IT ?T `Box 0PAGCY IS NOT ONE YEAR. ALTERNATIVE " A" DAMN E EINERD( N18. T##M3. FROM PROPERTY LINE 2' S. 10'1 (IAAX.) „— T1NG RETANNG EXTSDNO WALL ‘ROUND PERIMETER BERM ALTERNATIVE "B" K.B. e I 3. Pt,QNitNt3 10:1 NO.) 17AVEA I SLOPE EATb1EN. yi'/Silts'�"'S.j;O¢..Z`yr�,Ns N.- ...--• t PERIMETER BERM ALTERNATIVE "C" H.T.A PANTING PLANTRP3 3, 3, AREA ../AREA FO,t (MA)t.) 10't (MAL) !f SLOPE sLoPE TREATMENT \�A ( � TREATMENT EXIST I? -f . . _____„... __. PERIMETER BERM ALTERNATIVE "D" 1 4 l:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term **Image to be revised** RIP RAP iktriettp. 2:1 EXISTING CEO-TEXTILE FABRIC "41041$ 1-GROUND 410110,gb, FIGURE #1 TREES, SHRUB & ORNAMENT GRASSES • 3:1 EXISTING Fl RE 2 N S TURF 'Y IN V • . *NCVW GRASS iftE, 4:1 EXISTING GROUND FIGURE #3 MIS 1_221 _RETA_INING !STING WALL GROUND FIGURE #4 - PERIMETER WATER MANAGEMENT WALL NTS 2 5 I:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5-13-15 FOR CCPC.docx Text underlined is new text to be added. **Revised image** I Bold text indicates a defined term \ '/,'\,,Mu RIP RAP •0.04. 21 fo,-. DOSTNlG GEO-TEXTILE FABRIC Ai••• . GROUND Jib 4W", FIGURE #1 N.T.S. Revised text / A TREES. sTiRUes. RASS 1,1.' /-a ORNAMENTAL GRGASSES — 3:1 `:4 Lgosuirg e FIGURE #2 N.T.S. \"\\ \v TURF ////////////q \\\\\\ \\\\\�\\ GRASS 4:1 JEXISTING GROUND FIGURE #3 N.T.S. Z' I ; 1 x ./-RETAINING DOSING in WALL GROUND rr...� — I FIGURE #4 - PERIMETER WATER MANAGEMENT WALL N.T.S. 1 2 # # # # # # # # # # # # # 6 l:\2015 LDC Amendment Cycle\Amendments\4.06.05 General Landscaping Requirements-Slope Treatments\4.06.05 General Landscaping Requirements-Slope Treatment 5-13-15 FOR CCPC.docx Tab 8: 4.08.07 SRA Chart Text underlined is new text to be added. Bold text indicates a defined term 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: To correct several scriveners' errors to the Collier County's Rural Land Stewardship Area(RLSA) Overlay Stewardship Receiving Area Characteristics Chart: 1. LDC section 4.08.07 J.1.a contains Collier County's Rural Land Stewardship Area (RLSA) Overlay Stewardship Receiving Area Characteristics Chart. In the footnotes, the chart refers to underlined land uses; however there are no underlined land uses identified on the table. This amendment proposed to clarify which land uses are required and which land uses are allowed, but not required within an SRA designation within the RLSA. Additional clean up was made to the table. 2. The word"workforce"is being added to the affordable housing density bonus term. 3. The amendment clarifies Policy 4.7 pertains to the RLSA in the Future Land Use Element(FLUE) of the Growth Management Plan(GMP). 4. It is proposed that the existing RLSA Overlay SRA Characteristic Chart is removed and replaced with four tables to create a better illustrate the requirements for a Town, Village, Hamlet or Compact Rural Development form of SRA development. REASON: ` 1. Pursuant to Ordinance 2007-18, the amendment corrects a scrivener error and identifies the required land uses from the allowed, but not required land uses, within the RLSA district. Please see "Attachment 1: Ordinance 2007-18 — RSLA Overlay Attachment C from Future Land Use Element" which identifies the original distinctions. Further, the Comprehensive Planning Section noted there is an error with regards to a footnote for the Residential Units (DUs) per gross acre for Towns and Villages because there is no corresponding information provided for this footnote. Therefore, the Comprehensive Planning Section relayed it should be removed until further notice. 2. In compliance with Ordinance 2007-18, the term "workforce" has been added to clarify the provision in relation to "affordable workforce housing density bonus." 3. The amendment clarifies Policy 4.7 refers to the RLSA in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). In the past, there has been confusion from applicants and the public as to what this policy refers to and the proposed language will provide more specificity. 4. The tables have been reformatted for ease of use and information contained within the existing footnotes has been relocated to the relevant form of SRA development or appropriate section. Additionally, in order to identify proposed text within the new tables, the proposed text is identified in grey highlight. 1 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term DSAC-LDR RECOMMENDATIONS: The subcommittee approved unanimously with the recommendation to forward to Alan Reynolds at Stantec, Inc., for comment and professional courtesy. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Ordinance 2007-18 (Policy 4.7 of the Future Land Use Element, D. Rural Lands Stewardship Area Overlay and Attachment C). The chart has been titled as Attachment 1: Ordinance 2004-41 (SRA Characteristics Chart); Ordinance 2003-27 (1.SRA Characteristics); Ordinance 2002-54 (Policy 4.7) and Attachment C. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner, 4-8- 15, 5-11-15 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 6 each form of SRA shall be consistent with the standards set forth below. The maximum 7 base residential density as specified herein for each form of SRA may only be 8 exceeded through the density blending process as set forth in density and intensity 9 blending provision of the Immokalee Area Master Plan or through the affordable housing 10 density B-bonus as referenced in the 4Density Rating System of the FLUE Future Land 11 Use Element. The base residential density is calculated by dividing the total number of 12 residential units in an SRA by the acreage therein that is entitled through Stewardship 13 Credits. The base residential density does not restrict net residential density of 14 parcels within an SRA. The location, size and density of each SRA will be determined on 15 an individual basis, subject to the regulations below, during the SRA designation review 16 and approval process. 17 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA 18 District have been established in the Goals,_ObjectivesLand Policies, of the 19 RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent 20 with the characteristics identified on the Collier County RLSA Overlay SRA 21 Characteristics Chart and the design criteria set forth in 2. through 6. below. 22 a. SRA Characteristics Chart consists of the following Tables: A - Town, B - 23 Village, C- Hamlet, and D - Compact Rural Development. 24 - - - Charact Town* Village hamlet eristics GBFIVaGt-RUfal-geVelA.B.Ment Size i . a--880--4,000 3 100 1,000 100 Acres or (Gross rites rites X10 100 acres*` 'ea,** Acres** 1 Acres) 1 2 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC docx Text underlined is new text to be added. Bold text indicates a defined term leside�► ___ _ ; tial I 1 4 DUs por 1 DUs per " 1/2 2 DUs per ' I 'h 2 DUs per 1 1 DUs per Pee grow gross acre*** gross acro*** gross acre*** " gross acre*** gross acre*** acre Vase density I ti al single-family-and 1 ,`� Single-family {}�}} multi-family Milli f 'C�lTl1TAV :and limited multi �4-yp� ttising }� family**** family**** i Retail &O#+ce-- 3 Rotail &Offico €Retail & Offico Retail-& Ofce- CivicGeve rnn a 1 Ci iclGove e O ioiGoveeme C ivic/Gover�e axime 76 itu}ion ntal/nsFltuti�on ' f ctitution- ntat/l Fstitution m-flo h t ^^uF ac +1 area ght Industrial - Greup ousi+ -- Group- ousing Group Housing Group Housing 745 ,45 74-5 745 intensity Group Housing Transient Transient Transient Transient 745� Lodging 26 upa Lodging 26 upa Lodging 26 u a!Lod Lodging 26 upa dodging 26 upa net net net net I � , Town Center I with-Community i Goods-andu Village-center Services Pieigbe #end Convenience # Convenience I with Goods Town-and-village # d Goods-and Goods and I N649419eFhER34 Goods-and 3 and cen� Services in Services: Services: I Services-in `s �g -building : Minimum 25 SF � e gross-building area per�l� ? U gross building Offiee� ar a per DU ar a per DU Manufacturing and Light i 1 i Industrial ' Centralized-of 1 Centralized-or i Individual-Well I ndividual•We#i decentralized I decentralized and Septic and Septic i ails edf System: System: 'I and Centralized or I semmu14itY treatment treatment £ treatment Ala-stew decentralized ! deoentratized i I ater semmunity I amity m treatment 1 treatment Septic Septic Septic 1 system system 3 l:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC docx Text underlined is new text to be added. Bold text indicates a defined term I Co nity 1 Parks 2�00 Parks B, Public Parks & Public j Parks& Public with Green Spaces Green Spaces ! Neighborhoods Public Green Neighborhoods Recreati with Active I Spaces for Spaces for Active en-and Neighborhoods e ( e Neighborhoods Neighbor ds hoo Spaces Courses Cases i Lakes , gross ores) gross-acres) -Lakes Courses � e €114&14-Space Lakes o Minimum 35%ofl Open-Spa-se SRA SRA o 1 SRA Civic, Govern Wide Range of Moderate-Range! !Moderatte-Range ment Services of Services 'Limited Services Limited Services! of Services and minimum 15 fRiF41,141.1-1211-1-0 Pre K through Pre K through I n 8 nstitutio SFF!814 SF/DU; Elementary Elementary SP,/14 nal l Schools Schools Full Range of Service Schools Schools Schools I i s , Auto Auto Auto lntersennested + enneel!ed intersennected syste+ of e local--roads; Auto Auto local-reads; local reads; interconnected _ intersonnested required required Transpo feet, ^t ! system of local system of local ; connection-to I collector-or roads reads collector or rtation arterial Pedestrian Pedestrian arterial arterial ' nnected Equectrlan Trails Equestr Trails sidewalk and sib l Equestrian Trails € ►es#lan-Trails assess County Transit ' County Transit i access i access 1 * . - - - •-•-• :: • • -: ' -- -, -: __:.. .e. ■.!e ! , - - . -et:. 3 :.. - . - • - •-' - - , -- - ' e!.e - --- , -•: . - .e.-- - - .: - , 4 FAC. •5 *** • - __ e: - :... : -- -•- -: - - - - • • e.e• - - - - - - . - 6 - - ::•..._ e • e.e• - - - • 1.. :•:•-: - - - e: .. . -. . 7 **** Those CRDs that include single or multi family residential-uses shall include proportionate 8 support services.•9 - •:: -- --- - •- ---• -- --- 10 4 l:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term Table A- Town Typical Town Characteristics (Towns are prohibited within the A CSC, per LDC section 4.08.07 A.2.b.) Size (Gross Acres) 1,000-4,000 acres Residential Units 1-4 DUs per gross acre (DUs) per gross (Density can be increased beyond the base density through the acre base density affordable workforce housing density bonus or through the density blending provision, per RLSA policy 4.7 in the FLUE of the GMP.) Required Uses Uses Allowed But Not Required Residential Housing Full range of single family and multi- Styles family housing types, styles, lot sizes Maximum Floor Retail & Office - .5 Manufacturing/Light Area Ratio or Industrial - .45 Intensity Civic/Governmental/Institution - .6 Group Housing - .45 Transient Lodging - 26 upa net Town Center with Community and Goods and Services Neighborhood Goods and Services in Corporate Office, Manufacturing Town and Village Centers: Minimum and Light 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 Courses Open Space Neighborhoods 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 5 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term Table B -Village Typical Village Characteristics 100-1,000 acres Size (Gross Acres) (Villages within the ACSC are subject to location and size limitations per LDC section 4.08.07.A.2. and are subject to Chapter 28-25, FAC.) Residential Units 1-4 DUs per gross acre (DUs) per gross (Density can be increased beyond the base density through the acre base density affordable workforce housing density bonus or through the density blending provision, per RLSA policy 4.7 in the FLUE of the GMP.) Required Uses Uses Allowed But 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 - Full Range of Schools and Institutional minimum 10 SF/DU Services Auto - interconnected system of collector and local roads; required Transportation connection to collector or arterial Equestrian Trails Interconnected sidewalk and County Transit Access pathway system Table C - Hamlet 6 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart14.08.07 SRA Designation 5-13-15-CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term Typical Characteristics Hamlet 40-100 acres Size (Gross Acres) (Hamlets within the A CSC are subject to location and size limitations per LDC section 4.08.07.A2. and are subject to Chapter 28-25, FAC.) Residential Units 1/2-2 DUs per gross acre (DUs) per gross (Density can be increased beyond the base density through the acre base density affordable workforce housing density bonus or through the density blending provision, per RLSA policy 4.7 in the FLUE of the GMP.) Required Uses Uses Allowed But 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 Equestrian Trails Pedestrian Pathways 7 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA amendment in RLSA Overlay SRA Characteristic Chart\4.08.07 SRA Designation 5-13-15-CCPC.docx Text aldedined ie flaw text to be added Bold text indwates a defined term Table D-Compact Rural Development Typical Characteristics Compact Rural Development 'W''''SZMWW ..,aat'. 100 Acres or Less Greater Than 100 Acres Size(Gross Acres) (Compact Rural developments within the ACSC are subject to location and size limitations per (Compact Rural developments within the ACSC are subject to location and size limitations per We UV section 4.08.07.A.2.and are subject to Chapter 28-25,FAC.) section 4.08.07.'4.2 and are subject to Chapter 28-25,FAC.) Residential Unite(DUs) 1/2-2 DUs per gross acre 1-4 DUs per gross acre per gross acre base (Density can be increased beyond the base density through the affordable _:'°"` housin• (Density can be increased beyond the be density through the affordable housing � density density bonus or through the density blending provision per}(policy 4.7,_y ,0<,:f' density bonus or through the density blending provision,per O policy 4.701.7r m s *Ma Required Uses Uses 84.018114 Not Required Required Uses Uses Miletrald Not Required Residential Housing Single Family and limited multi-family(Those CRDs that Single Family and limited multi-family(Those CRDs that include Styles include single or multi-family residential uses shall include single or multi-family residential uses shall include proportionate proportionate support services.) support services.) Retail&Office-.5 Retail&Office-.5 Maximum Floor Area Civic/Governmental/Institution-.8 CiviclGovernmentalllnstitution-.6 Ratio or Intensity Group Housing-.45 Group Housing-.45 Transient Lodging-26 upa net Transient Lodging-26 ups net Village Center with Convenience Goods and Neighborhood Goods and Goods and Services Services:Minimum 10 SF Services in Village Centers: gross building area per DU Minimum 25 SF gross building area per DU Individual Well and Septic Centralized or decentralized Water and Wastewater System Centralized or decentralized community treatment system community treatment system Interim Well and Septic Parks&Public Green Spaces Public Green Space for OW w/n Neighborhoods(minimum Recreation and O 1%of gross acres) Space Neighborhoods(minimum 1% Lakes Active Recreation/Golf Courses of gross acres) Open Space Minimum 35%of SRA Civic,Govemmental Limited Services Moderate Range of Services-minimum 10 SF/DU and Institutional Pre-K through Elementary Schools Pm-K through Elementary Schools Services Auto-interconnected system Auto-interconnected system of collector and local roads: of local roads Equestrian Trails required connection to Equestrian Trails Transportation collector or arterial County Transit Access Pedestrian Pathways Interconnected sidewalk and pathway system # # # it # # # # # # # 8 I\2015 LD0 Nnendnenl CycleWnendrnenls 10011.07 SRA amendment in RLSA Overlay SRA Cbaraviovstic Chnn4 08 07 SRA Deeigrlelbn 5.13-15-CWC Dee Attachment 1: Ordinance 2007-18 - RLSA Overlay Attachment C from Future Land Use Element RSA Ovens Ae.dmen C Atfaehmenl C ■var Collier County RLSA Overlay EXHIBIT'A' Stewardship Receiving Area Characteristics Typical Charactr.deo Town' Vaag. IW.W Compact Rural O.valepmss. Size Dross Acres) 1.0004.070 acres loo 1,000 err" 4ato6 acme' 100 Acme or - deily Residential Urx4IWei per Rosa acre ogee - 6reeM Thin too Acme• dewily _14 011.pr grass acne.. _1r Ws per gross acre'. Pull rang.gs of alng.lanry and mdbfsme ow..y d single lame and multi-ran. 1/2.2W Per grins acre• 1/2-2 W Per gross ere". tr DU.per gr.Nora-. Re.denbal Housed Sty. hO°.the ryyn,aty4.,lot sum housing RP.a..tylss,lot sm. Sing.ramify iNd timced multi-lamb Sind.F mN an kieg nye.�s•"•• Siwle Fe.and erne.mu4Jan •••• teNkplc.•.5 6001 Office S Retail 0c.60 ,$ fl.cel6 ONlo.-.5 lL Ae1.Na 011b Cnir/Govwmrn4Nmlibbn-6 C'vlGovbmi.nlWmaarbn..6 CivrM .nxnruaVlr.uwon 6 C&idGovenenen4W4IIuIOn-0 !-.5 Gtaw llouska. 6 ltdia a-.45 mbbu.w-r5 ( .., .AS G Ito -w5 M.mm Floor Area Ratio or Intensity Group tl0uelrg-AS Trarlemd L°delno.26 um n.t TawemLotlarn-26 ups net Tr.menllpd4no.P6 up.m( - Transient Loggias-2a etba n.1 rrrhal.nt La .. Mr .WI rya net - Toss Center oMS Community and Neighborhood Goons and Services in Toes rte Village Canter with Neigpmtmod Goods Goods and S.nrbr Village Center:A.m.65 SF grmv burring and Senses in Vasge Cantu Wen. COA1'enimc°mane and$.n'ises:Murmur Cww.dwye Gopce arlC Se.bss.Minim"' Wage Clint.,mA N.rgbalbod.eo am per W:Comon4 Office Mgtdacaacq 25 N ages oSa*,g am WOO t0 SF grossed..area per W 16 SF gross building am per W en°2S SF gr.ViNaps g area p lirlintarh ant lvcel ktdrttel 25 SF pr..gating area per DU iCentralized or decwbaf¢M community C.nValued or daornlnr4ed commune, IMaid"WY ant S.pbe Sye4m: Individual Well and Septic System; Ws.and Wastewater treatment.yst= Mae.systems Centralized obcerb.l'vad commune, Cens.lia.d a decent/Oz.common* C 01a a6a.d ca'n"'" ' treaewre Mehl, Mime Inladm Wager0S.dk Ileafkn Well Saobf InMrm Wee ant Salk Perks e Public Green Spaces r%of vin Public Green P+rkeaPUpicGmn. C mmanry Pant(zoo SF/DUI wiaboneod.( m 1x d awe Space b Neigb°dh°oce Public C.een spece he n«ye°rmns Spaces en 1 (minimum lxol moss acres) (minimum lxa gross scree) Neighborhoods tm�mmum 1%of Rees Parks&Pubic an Space.v. anneal Rsa.ation crud GPer Seem b4hptbodhoons Ache Rsmeb.. Cass. Lakes Actve Ram.lerNGOI Courses Lakes Gpen Spew e4emm%%d sal Op.Space Moen.15%of SRA Cake Open Space Minimum 75%of SRA Was A.09.d Samna-mkwnurn I5 SFIGU Moderate Range of Services-es .an 10 Core,Governmental and Iosnhrmnal Services - SF/GO: I,NnkM S.M. lamed Sarvbss Modena*Ranee d Sarvirn-minimum 10 SFNU Full Reap.A Srdh004 Fug Ranee of School! Pre-I(+goner Elemap4ry 50■0* Pre4c threudt Elrnen4*Scfbd• Prate tlunwoh Elsmeh4 Gr..,.r Aub-nssrmnneeled systemofwgecp and Ado-interconnected system el.06.cbr beet gins:mewed com.cpon b CMlr:br a and oral roads;r.lulr.d mrah.°000 b Auto-barcomeeled pub•cMCOawcled*ream el cdlMOr Medal collector a arterial restate local nos! Aub.mlercmnecad sy64mdMKaI!pans and local mad.:rapuk.d connection to collector or Mimed rmmDOrvarr InWamwcte4 sicerk.M p.ehw.y system Inbno*4cted krtl Dathwy Pedeseen Pathacys Pedestrian Palm.. Interconnected sidewalk and wthwy C°unry Trend Acme. C-oussean Trees �Dyn TTW. Feunbgn Trailer system Jnrm Eaueeldsn Taub Cam.Trr4A Age sass. .- .._..__-_........._ sass.. ... . _ ... .._...._.sass-..��-> .,... •.Towns are prob..within dm ACSC,per policy d.7.1 d Me Goals.Obj...,and Policies. -_ •••Villages,Hamlets,and Compact Rural Owabonen4 within the ACSC era subject to Walton and site N.M.per poesy 4.20 and are arbecl to Chapter 2625.FAC •••-Thom can be increased easde�ti the base dew*through the Affer6N.waNwc.Henning Gen.Oy genie or through the den.M pending prove.,per peYry 4.T. en.or mdklandy reddened uses.all induce 000.100.5 support services. Urdrl4.e uses are not reposed wan, (NOTE The only revision 10 fhb document is to add"-workforce In note"*] GAa..P .,:c.0 c.wrr..w.owam..extea.ow World n mm are added.words dwak4arauyn are dated. Tab 9: 5.06.00 Commercial Signs/Sign Holders Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department DIVISION: Growth Management Department AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 4.06.02 Buffer Requirements 4.06.05 General Landscape Requirements 5.06.04 Development Standards for Signs in Nonresidential Districts CHANGE: 1) Amend LDC section 4.06.02 C and 4.06.05 D to provide relief within a 20-foot wide or greater Type D buffer in order to allow for visibility within a shopping center and visibility of non-residential on-premise signs. The proposed changes include: a) Allow for a"signage visibility triangle" for non-residential on-premise signs (monument, directory, pole, and ground signs) to improve visibility of commercial signage. The extent of the visibility triangle is based on the width of right-of-way (for those buffers greater than 20 feet) and the sign base. The line of visibility from the roadway shall be no more than 30 feet along the right-of-way. The provisions also allow one canopy tree to be removed within the triangle to protect visibility around the sign. Only hedges, shrubs, and ground cover maintained at 24 inches below the sign area will be allowed within the triangle per section LDC 4.06.05 D. Outside of the visibility triangle, hedges and shrubs shall be maintained at 36 inches above grade. b) Currently, directory signs are required to provide a 15-foot setback if located within a 20- foot landscape buffer. The proposed text reduces the setback requirement to 10 feet for directory signs. 2) Amend LDC section 5.06.04 C to include a provision that requires the sign area on all non- residential signs be a minimum of 24 inches above grade. Additional clarifications have been made to this section. 3) Amend LDC section 5.06.04 F On-Premise Signs. There are four proposed changes to this section: a) This section currently identifies a minimum 1,000-foot separation between on-premise signs along the road frontage for a single-occupancy or multiple-occupancy parcel. However, it is not clear how the separation is measured. The proposed amendment 1 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term clarifies that the distance shall be measured along the road frontage, rather than as the crow flies. b) Currently, there is a limit of two signs, located 1,000 feet apart, for single-occupancy or multiple-occupancy parcels. It is proposed the two sign limitation is removed. All signs located on the parcel will still be required to meet the minimum 1,000-foot distance separation requirement. c) Currently, the section establishes standards for grounds signs for all commercially zoned parcels with frontage between 100 and 219.9 feet. However, the Commercial Intermediate District (C-3) allows for parcels with a lot width of 75 feet. The proposed amendment seeks to allow the smaller lots to apply for a ground sign. Further, the maximum height for smaller ground signs on parcels with 75 to 120.9 feet has been increased from 6 feet to 8 feet. This will allow all parcels with 75 to 120.9 feet of width to have 8 feet in height. d) LDC section 5.06.04 F.3 establishes the requirements for directory signs. Directory signs are commonly used for multi-tenant buildings and shopping centers and have multiple panels that identify businesses that are located within the commercial complex. The current standard allows for 8 panels with a maximum of 150 square feet of area. It is proposed that the limitation on the number of panels is removed and the maximum square footage is increased to 200 square feet. The panels do not regulate the number of business displayed or the size of the text. It is presumed the original provision intended to limit the building to eight tenants. Removing this limitation will allow greater flexibility for a commercial complex to promote additional tenants on a directory sign and the larger sign area improves the ability to inform and communicate tenants within the designed sign area to a passerby. Further, it is proposed that the shopping center square footage identified in this section is decreased from 25,000 to 20,000 square feet in order to be consistent with the definition of shopping centers(LDC sections 1.08.02 and 4.02.34 A.). 4) Additional minor clarifications were made throughout the section in order to remove ambiguity and vagueness about signage standards. REASON: On October 14, 2014,the Board of County Commissioners discussed establishing a balance between landscaping requirements, in particular, mature landscapes, the visibility of commercial signage, safety, and free speech concerns. In order to address sign holders, the Board sought to improve the visibility of permitted commercial signage so that business do not feel the need to use hand held signs to promote their business. It should also be noted that the Board identified it is often difficult to identify street addresses. In order to amend the street address requirements, Ordinance 2007-62, which establishes the addressing provisions,will need to be evaluated and amended. 2 1:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term The following proposed amendments are designed to address many of the concerns identified by the Board. 1. The proposed amendment to LDC section 4.06.02 C provides an alternative landscape design to Type D Buffer areas of 20 feet or greater in width, which is required adjacent to any road right-of-way external to a development project, in order to improve the visibility of signage. The relief is designed to offset the potential of mature trees and hedges to block the view of outparcel signage. This may afford drivers more time to look into a shopping center to capture information as they drive by. It is important to note Florida Department of Transportation (FDOT) requires all right-of- way trees to be maintained with 14 feet 6 inches of clearance over roadways and requires that canopy trees be maintained with 10-feet of clearance over all pathways or sidewalks. The following are photographs illustrate mature trees in the county: Type D Buffers—Mature Trees /y ma to.,.is The Pavilion at Vanderbilt Beach from Naples Inn Entr ;�` ' s f 2015/01/2H OH 02 HM4 Naples Walk- Eastern View Mature Canopy Trees at Vanderbilt Beach Rd. Entrance Landscape maintenance is one of the most important aspects in creating and maintaining signage visibility. Pertaining to this amendment, the following LDC sections identify that maintenance is acknowledge and enforceable: 3 1:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term • LDC Section 4.06.05.H.6 Installation and selection requirements for plant materials. o "All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved building and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with the Code. " • LDC Section 4.06.05.K.1-2 Maintenance of landscaping. o "Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance -Standard Practices ANSI A300 "of the National Arborist Association. ... A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage,overhead power lines, lighting circulation, sidewalks, buildings, and similar conflicts). " o "The owner shall be responsible for continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species." o "Code Enforcement will inspect areas affected by this Code and issue citations for violations. If required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. " The "signage visibility triangle" is designed to address landscaping that can block the ability to see outparcel signs. See the following examples: 4 I:\2015 LDC Amendment Cycle'Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term Monument Si: s , s• • 4e'* i to —i i ` 4I-01 41,.- .,••-•. Iclf Al 01 50 PM 1u` %05';09 01 ti9 OF Culvers North Bound- Airport Rd. Sun Trust North Bound-Airport Rd. 23.75 s.f., 8 feet in height 50.16 s.f., 8 feet in height Director irector Signs Ne,� ",ti 3 ° y 4 r p 't ii: . . i 7• _ , - •b' -.4r R - 4 sif 7' is ■• ( e JOAN t ,, PM•. ti Gotksrith I* —11011.00001.1.1 r )* , • ./02/0] 08,06.-°A - � t '�• +-lei �o�� o� 82.6 s.f., 15.6 feet in height South Bound-Airport Rd/Naples Blvd. North Bound Airport Rd./Naples Blvd. V x `ti tali I'_.:...sq I-:111&-o-:4" i t -ae- "°-£ 1 2015/01/28 01''556 Ate 2015/01/28 0156 AM 150 s.f., 20 feet in height North and South Bound Naples Walk Airport Rd. - Mature Trees 5 l:\2015 LDC Amendment Cycle'Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term The proposed alternative is modeled on LDC section 4.06.01 D.1 Landscaping with Sight Design Triangles. This section establishes a similar signage visibility triangle for directory signs, a 90- degree cone of vision at an access way intersecting a right-of-way or when the property abuts the intersection of two or more rights-of-way. The diagram below demonstrate when the 90-degree cone of vision applied to on premise commercial signs for a pole or ground sign within a 20 foot right of way buffer would come into view. PoI or Ground 30' / i5' 90 • 15' z 5 6 AIVAIV rr 1 / / 5'Pole or Ground Sign Max. Height 15' or 12' According to research provided by the United States Sign Council Best Practices for On-Premise Signs, 2003 (page 2), at 40 miles per hour the rate at which the viewing distance decreases is 58 feet per second; at 50 miles per hour, it becomes 88 feet per second. Therefore, the faster the road speed, the shorter the viewing distance. Further, research shows that sign detection is inversely related to the complexity of both the driving task and the landscape. Detection of any specific object within that landscape is likely to decrease the more complex the driving task. Therefore, faster speeds and a more complex the landscape (activity center nodes or multi-lane commercial corridors), results in the need for a longer time frame for viewing and the more conspicuous signs need to be for specific detection. The following paragraph is from "A Framework for On-Premise Sign Regulations,"March 2009 (page 34), written by Alan C. Weinstein, Inc. The model regulatory guidelines convey to communities the appropriate framework for formulating on-premise sign regulations from the perspective of both community and business interests. The basic regulatory framework is based on principles that were developed by planners and various groups within the sign industry. 6 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term Additionally, these principles were supported by the American Planning Association in its 2004 Planning Advisory Service Report No. 507, "Street Graphics and the Law." With regard to freestanding signs, "The requisite area of a sign is based on several factors. Primarily among them are: the amount of time the motorist has to view the sign, the distance from which the sign will be viewed, the amount of information that can be comprehended during the "viewing time"; the required size of the letters and the ratio of the message area (letters, logos and symbols) to the sign's background. When these factors are reasonably applied, the sizes of the signs will generally correspond to the sizes in Appendix B (table below) which illustrates the sign area for three typical conditions ....etc." Based on the illustrations below, the proposed changes will be consistent with these guidelines for visibility and sign placement. 7 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term MODEL REGULATORY GUIDELINES B. Methodology for Estimating tht App late Atea of Fteestizndiag Signs (I'hrec Options Based on Highway Speeds) LOWER I MIDDLE HIGHER 25 MPH 40 MPH &SMPH DISTANCE SIGN IS VIEWED 200' 320' 4Ma? REQUIRED LETTER HEIGHT 1d' 1 ' 4. APPROPRIATE VIENIING TIME 4-6 ' 4-6 Seconds Second/ Scoanch ELEMENTS COMPREHENHED •Letter 40.60 40-60 40-60 ▪Words/Symbals 5 w 7 levers per word; 6-12 6.12 1 word=I symbol d 1.. TOTAL AREA OF LETTERS/SYMBOLS(W d h of 14-20 28-42 63.94 Dam,including spacing equals the Feet Feet Feet letter height) TOTAL SIGN AREA(with message 3 9l1 70-1 160-235 —ID%o.I total area) Square square Squaw Feet Feet Feet Sera: Street Gr phies&the Law 8 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term FIGURE 2-6.AVERAGE SIGN SEE RELATED TO SPEED OF TRAVEL AND REACTION TRH 242 128 . . 50 t. - tr, I 25 J„ 1O m p h 55mpfl AIMIIIIIIIMIIIIIIIIIIII _. Source: Street Graphs and the Law, page 22. FIGURE 2-9.SIGN-BLOCKING CHARTS WITH TABLES i:crzt:nurili • • i 1 I P = I I a., I I W• I 1 * I I I • 111 I . Chart G ....1 I Chart H • *0.,.....0,1 I ::4chwals.) II .4 I II I Spend a naval 45 mph ill I I sowd(47,4.01 4.5 mph I`• Sutifect WM*-.Le 3 Son ontea • 1 I . n.i444:1 Varna.-..a*.4 341,nn 140 1 i I Tobin mkt*.poissni % II III Wm=wirad.panantl 41 1110 alp la IsksiNd n4 lam rot a linaleal I 4om mania tulato I I *** nom+ma al whiled it I s*hclelependIng m Poo Rafe an,Or I 1 .1 I _ .h whict do•mha 00 Flaw Ram and Or make* * tkay 4.h. 7a, auritor al whdau I I ' la i II ialthrti Flays PAN mum:amt.1m maim.of whslas Inhatnj An win ISTia n Inveini n bali ems n 3 4 n m 1 2 3 4 —dnaline,ha a wed Mom Ivor 1 2 ee Anion la.a pima re me'Mt • • • • Sega Setback at le Feel Sign Setback at 20 Feet Soon Setback at 10 Feel Sign Setback 41 20 Feat Flow Rale %Blocking Flow Rate %Bloating Flow Rate %Blackleg Flow Rate %Blocking 200.............. 16 200.................22 400............., 29 400...........__.39 600 48 600„...--..... 44) 608 ..........52 61)0 47 SOO.................63 1000---....71 1200...-.,.........70 1200........_......_63 1200—.....,.,........71 Source: Street Graphics and the Law,page 34 9 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term Additionally, the nationwide Manual on Uniform Traffic Control Devices (MUTCD), Edition 2009, recommends on post-mounted signs for multi-lane streets or highways, a minimum legibility letter height of 8 inches upper case and 6 inches lower case for traffic signs at speed limits of more than 40 mph. By reducing the directory sign setback and raising the minimum text height on all signs to 24" above grade, the text will be more visible to a passerby. 2. As noted above, the change to LDC section 5.06.04 to require the minimum sign area to be 24 inches above grade will allow the sign area to be more visible to a passer-by. Hedges and shrubs will also be required to maintain a maximum height of 24 inches. In the future, it may be advisable to provide a minimum text height to improve visibility. 3. The four proposed changes to LDC section 5.06.04 F On-Premise Signs are designed to clarify existing provisions and provide relief for certain commercial parcels. a) Currently, LDC section 5.06.04 F. establishes a 1,000-foot distance between pole signs/ground signs along street right of way for a single-occupancy or multiple- occupancy parcel. The proposed text seeks to clarify that the distance shall be measured along the road frontage (rather than as the crow flies). b) For single-occupancy or multiple-occupancy parcels, there is a limit to number of ground or pole signs allowed. As there is a 1,000-foot spacing requirement between the signs, it is unlikely a "cluttered" effect will be created and additional signs may be needed to attract passersby to a regional commercial area. c) The minimum lot width for a C-3 parcel is 75-feet. However, current provisions only allow parcels with a lot width of 100 feet to administratively obtain a ground sign. This means some commercial lots are not allowed a ground sign by right despite having a conforming lot size. The proposed change will allow all commercial zoned parcels to apply for a ground sign. It is proposed the maximum sign height is increased from 6 feet to 8 feet in order to accommodate sign area at 24 inches above grade. This change is proposed in order to prevent plant material (at a maximum height of 24 inches) from impeding view of signage. 10 l•\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term Monument Ground Signs— 10-foot Setback � : J. ,4 in _ t.° A Pine Ridge Rd. Radio Rd. 15.75 s.f. 6 feet in height, 42.6 s.f. 8 feet in height , .. ,,,. 100' Wide Lot a iER 'oit .r.. E ,.— — �C EYEaASS '''t I,re A� ='`' �.. Nff1J99 ii;_„.. rnenrhat, Mg.— ww '/1 I. run t Ground Sign - 10' Setback- 11 tenants Naples Blvd. Shoppes Outparcel-V-Ground Sign 60 s.f. 8 feet in height d) By current code definition, a directory sign is located at the entrance to a multiple-occupancy parcel or multiple parcels developed under a unified plan of development. This sign may be a freestanding (pole, monument or ground), awning, or wall sign. Currently, directory signs may contain up to eight panels with business names. The proposed change removes the number of panels permitted and increases the sign area to 200 square feet. This will allow flexibility to promote additional tenants on a shopping center's directory sign reflecting a better ability to inform, identify, and communicate those tenants within the designed sign area. This will allow more businesses to advertise and be visible along the right-of-way. 11 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term Directory Signs- 15' Setback The Pavilion, U.S. 41- Vanderbilt Beach Rd.- 10 Tenants 116.85 s.f. 15 feet in height and 25 s.f. 8 feet in height ` . - . .Y GAT CENTER I � R�l�°� • . Gri I FAMILY D)UAlI RadioSh,ack dap e a ` Golden Gate Center- 9 Tenants Collier Plaza- Collier Blvd. 96 s.f. 20 feet in height 145.20 s.f. 20 feet in height STARES ; teabesimsgp K6MCf DICK S •' :1:::: aw. - `t:,:ii..:::4 k 'a.F,C � . ®may ." 1 ! ACC a V - rt Naples Centre Village- 8 Panels Marquesa, Livingston Rd.- 8 1 Panels Pole Signs- 10-foot setback, 80 s.f. 15-foot high y' 3100 - Guy 1 Inauance „'.. A L kxc�E At �R @i7 - P'r"''A _ 111. -........e.,:____-' T__ . _� Gray Insurance- 3400 Tamiami Tr.N.- 12 River Reach- Airport- 10 panels tenants 4. Additional clarifications were made throughout the section in order to remove ambiguity and vagueness about signage standards. 12 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term DSAC-LDR RECOMMENDATIONS: The subcommittee requested staff clarify the following: • Identify in the narrative that one canopy tree may be substituted at the ratio of three medium size trees for each canopy tree but for no more than 40 percent of the required canopy trees within the abutting right-of-way landscape buffer strip. • Identify in the narrative the previous reason for the 8-panel limitation, which was to restrict these signs to only buildings with no more than 8 tenants. However, there is no code language regarding this sentiment. Further, it is important to note there is no provision regulating the content or text size within a panel. • During the April 23rd meeting, the Collier County's Sheriff Office representative requested limiting shrubs and hedge height to a maximum range of 3 to 4 feet allow for visibility, deter crime, and establish traffic safety. The LDR sub-committee agreed but noted the maintenance requirement is dependent on the property owner and some exiting hedges may conflict with the proposed concept. It was acknowledged enforcement of landscape maintenance requirements could alleviate some of the concerns. o Staff has incorporated this change into the LDC amendment for discussion and review. FISCAL & OPERATIONAL IMPACTS: No additional cost or review time will occur with this amendment. It will improve the review time through SDP, SIP or PPL since an applicant will be addressing the relationship of canopy and street trees with the County Streetscape Plans besides signage. Landowners will economically gain from a clearer visibility to businesses, the ability to provide more tenant listings within the sign area and save time incorporating signage treatment with trees and landscape plantings. RELATED CODES OR REGULATIONS: Collier County Ordinance No 87-60 and 74-108. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Revised by Richard Henderlong,Principal Planner, 3/11/15, 3/24/15, 5/08/15 Amend the LDC as follows: 1 2 4.06.02 Buffer Requirements 3 4 C. . Types of buffers. Within a required buffer strip, the following 5 alternative-type of buffers shall be used based on the matrix in table 2.4. (See Figure 6 4.06.02.C.) 7 1. Type A Buffer:Ten-foot-wide landscape buffer with trees spaced 8 no more than 30 feet on center.When a Type A buffer is located 9 within a residential PUD and adjacent to a lake, the required trees may be 10 clustered on common property lines to provide a view of the lake. Clustered tree 11 plantings shall not exceed 60 feet between clusters. 13 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2. Alternative B Type B Buffer: Fifteen-foot-wide, 80 percent opaque within one year 2 landscape buffer six feet in height, which may include a wall, fence, hedge, 3 berm or combination thereof, including trees spaced no more than 25 feet on 4 center. When planting a hedge, it shall be a minimum of ten gallon plants five 5 feet in height, three feet in spread and spaced a maximum four feet on center at 6 planting. When an Altornativo a Type B buffer is located within a residential PUD 7 and adjacent to a lake, the required plant materials may be clustered to provide 8 views. Clustered tree plantings shall not exceed 60 feet between clusters and the 9 clustered hedge plantings can be provided as a double row of shrubs that are a 10 minimum of 30 inches in height. When the adjacent lake exceeds 1,500 feet in 11 width the hedge planting shall not be required. When a community facility is 12 located within a residential PUD and abuts a residential unit, a Type B buffer 13 shall be required. When a fence or wall is used within the buffer a minimum of 14 50 percent of the trees and hedge plantings shall be located on the residential 15 side of the fence or wall. 16 3. Alternative C Type C Buffer: 20-foot-wide, opaque within one year, landscape 17 buffer with a six-foot wall, fence, hedge, or berm, or combination thereof and 18 two staggered rows of trees spaced no more than 30 feet on center. Projects 19 located within the Golden Gate Neighborhood center district shall be exempt 20 from the right-of-way requirement of a six-foot wall, fence, hedge, berm or 21 combination thereof. These projects shall provide a meandering Type D 22 landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot 23 wide buffer area shall be composed of a meandering bed of shrubs and ground 24 covers other than grass. 25 4. It nativecD Type D Buffer:A landscape buffer shall be required adjacent to 26 any road right-of-way external to the development project and adjacent to any 27 primary access roads internal to a commercial development. Said landscape 28 buffer shall be consistent with the provisions of the Collier County Streetscape 29 Master Plan, which is incorporated by reference herein. The minimum width of 30 the perimeter landscape buffer shall vary according to the ultimate width of the 31 abutting right-of-way. Where the ultimate width of the right-of-way is zero to 32 99 feet, the corresponding landscape buffer shall measure at least ten feet in 33 width. Where the ultimate width of the right-of-way is 100 or more feet, the 34 corresponding landscape buffer shall measure at least 15 feet in width. - 35 Developments of 15 acres or more and developments within an activity center 36 shall provide a perimeter landscape buffer of at least 20 feet in width regardless 37 of the width of the right-of-way. Activity center right-of-way buffer width 38 requirements shall not be applicable to roadways internal to the development. 39 _ - 'e. - -.l- -. 40 a. Trees shall be spaced no more than 30 feet on center in the landscape 41 buffer abutting a right-of-way or primary access road internal to a 42 commercial development. 43 b. A continuous 3 gallon double row hedge spaced 3 feet on center of at 44 least 24 inches in height at the time of planting and attaining a minimum 45 of 3 feet 30 inches and a maximum of 36 inches height in one year shall 46 be required in the landscape buffer where vehicular areas are adjacent 47 to the road right-of-way, pursuant to section 4.06.05 C.4. 48 c. Where a fence or wall fronts an arterial or collector road as described 49 by the transportation circulation element of the growth management plan, 50 a continuous 3 gallon single row hedge a minimum of 24 inches in height 14 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 spaced 3 feet on center, shall be planted along the right-of-way side of 2 the fence. The required trees shall be located on the side of the fence 3 facing the right-of-way. Every effort shall be made to undulate the wall 4 and landscaping design incorporating trees, shrubs, and ground cover 5 into the design. It is not the intent of this requirement to obscure from 6 view decorative elements such as emblems, tile, molding and wrought 7 iron. 8 d. The remaining area of the required landscape buffer must contain only 9 existing native vegetation, grass, ground cover, or other landscape 10 treatment. Every effort should be made to preserve, retain and 11 incorporate the existing native vegetation in these areas. 12 e. A signage visibility triangle may be created for non-residential on- 13 premises signs located as shown in Figure 4.06.02.C.4.e for Type D 14 buffers that are 20 feet or greater in width. The line of visibility shall be no 15 greater than 30 linear feet along road right-of-way line. Within the 16 visibility triangle, shrubs and hedges shall be required pursuant to section 17 4.06.05.D.4, except that hedges, shrubs, or ground cover located within 18 the signage visibility triangle shall be maintained at a maximum plant 19 height of 24 inches. Within the visibility triangle, no more than one 20 required canopy tree may be exempted from the Type D buffer 21 requirements. 22 TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.1.1.4. •T : • TYPE 'A'BUFFER ezz--00,11111%","-- -Am al imodwito swat..1 a mu MW BHRUBB..o<.eo`wGi ATMMPK TYPE '_B'BUFFER BoMERDWa sT.RBB� MEB a ,RB�.,..D M,•HI.M.TMN,R.B 'OCWiC10,14mor i 1a OiC O TYPE 'C'BUFFER .RER H RBEOOW,M,R.BB �NE Of :.Bd wc«ATMNracdn.wi..aco..,. aeTeaeeeer�oe.o �ee^eae^e es'�d'Tia'�8 Airl "'i.e TYPE 'D'BUFFER rr. NOTE:-FLEXIBILITY IN BUFFER HINTING IS ENCOURAGED. BOW vrtDTH TREES d SHRUBS MAY OCCUR ANY WHERE WITHIN BUFFER AS LONG AS ON CENTER REQUIREMENT IS MET. •BUFFER MEANDER ADS E WIDTHIISSMANTINE. 23 24 Figure 4.06.02 C. 25 15 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term 30 Line of'Visibility /. �� /T 8' S` `\ RC+ Lire (Ptcp- Lire) J_ V°o £,� +, ;.""'e Vl>slbiliFy,,.� e Required. visibility $ Tree Required z Triangle a Triangle . tj } rY r• Area { area L iii:",1-1 , f,/ ; 'b t f I. Width Fuse -► �,.' .1k1' 30' ..r" 1 2 3 Figure 4.06.02.C.4.e. 4 5 # # # # # # # # # # # # # 6 7 4.06.05 - General Landscaping Requirements 8 9 D. Plant Material Standards. 10 * * * * * * * * * * * * 11 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a 12 minimum height as specified in Section 4.06.02.C. except: 1) where visibility at 13 street and driveway intersections is required;aad 21 where pedestrian access is 14 provided; or 3) where an alternative provision per section 4.06.02 C.4.e is 15 utilized. Shrubs and hedges shall screen the adjacent pavement surface or 16 developed property required to be buffered and/or screened. Hedges, where 17 required, shall be maintained so as to form a continuous, unbroken, solid visual 18 screen within a minimum of one year after time of planting. 19 5. Ground covers. Ground cover shall be installed in a manner which presents a 20 finished appearance and complete coverage. Stone, gravel, or any artificial 21 ground cover shall not be utilized for more than 20 percent of the landscaped 22 area. Use of native ground covers is encouraged. 23 # # # # # # # # # # # # # 24 25 5.06.04 Development Standards for Signs in Nonresidential Districts. 26 27 A. Noncommercial signs are allowed in all districts and may be substituted for any sign 28 expressly allowed under this ordinance, and any sign permitted by this ordinance may 29 display a noncommercial message. Noncommercial signs are subject to the same 30 permit requirements, restrictions on size and type, and other conditions and 31 specifications as apply to the sign for which they are being substituted. 32 B. Applicability. Signs within nonresidential zoning districts and in designated 33 nonresidential portions of PUD zoned properties shall be permitted as provided for in this 34 section. 35 C. Development standards. 36 1. The maximum size limitation shall apply to each sign structure or sign area, 37 whichever is applicable. Pole or ground signs may be placed back to back or in 16 I:\2015 LDC Amendment Cycie\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 923:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 V-type construction, when both sides bear the same graphic display; then such 2 sign structure shall be considered as one sign. 3 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- 4 revolving and said light shines only on the owner's premises or signs and away 5 from any right-of-way. 6 3. The use of accent lighting as defined by the Land Development Code is 7 prohibited. 8 4. The use of fluorescent colors on signs is prohibited. 9 5. If the applicant is not the owner of the property, then a copy of a notarized 10 authorization letter between the property owner or property manager and the 11 applicant is required, specifically authorizing approval of the erection of a sign on 12 the subject parcel. 13 6. Official Address Numbers and/or the range of Official Address Numbers shall be 14 posted within the upper third portion of the sign face for commercial signage that 15 utilizes the following sign types: pole sign, ground sign, and directory sign. 16 Address numbers on signs shall be a minimum height of 8 inches. Where signs 17 are erected on streets that do not match the building address, no address 18 numbers shall be posted on the sign. Address numbers shall not count as sign 19 message or graphics, unless address numbers exceed 12 inches in height. 20 7. The permit and or application number shall be displayed or affixed at the base of 21 the sign structure and shall have the same life expectancy as the sign. Such 22 permit number shall be clearly legible to a person standing 5 feet in front of the 23 base of the sign and, in no case, shall the permit number be less than 1/2 inch in 24 height. 25 8. Double-faced signs shall be measured by one side only if both sides display the 26 same graphics. 27 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit 28 or clearing permit has been issued, with the exception of real estate signs which 29 may be allowed on parcels less than 10 acres. 30 10. For any ground sign over 32 sq. feet or over 8 feet in height, construction 31 drawings shall be certified by a Florida registered engineer or a Florida registered 32 architect. The construction drawings shall contain the plans and specifications, 33 the method of construction, and the method of attachment to the building or the 34 ground for pole signs and all projecting signs. 35 11. Skin area shall be no lower than 24 inches above grade. 36 37 * * * * * * * * * * * * 38 F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall 39 signs, and mansard signs shall be allowed in all nonresidential zoning districts 40 subject to the restrictions below: 41 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having 42 frontage of 150 feet or more on a public street, or combined public street 43 frontage of 220 linear feet or more for corner lots, shall be permitted one pole 44 or ground sign. Additional pole or ground signs may be permitted provided 45 -- - • - •-•••••. • . - , !e __ ._ _• each sign is separated by a 46 minimum of 1,000 feet as measured along the read street frontage and all 47 setback requirements are met. - _ _-_o -•- •_ •- ._ e . . . _ - _ . . 48 - - ---- -- - - - . e :. 49 a. Maximum allowable height. All pole or ground signs within 50 nonresidential zoning districts and as applicable to designated 51 nonresidential portions of PUD zoned properties are limited to a 17 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 maximum height of 15 feet when located along an arterial or collector 2 road and 12 feet for all other roads, except as otherwise provided 3 herein. Height shall be measured from the lowest centerline grade of 4 the nearest public or private right-of-way or easement to the 5 uppermost portion of the sign structure. 6 b. Minimum setback. All pole or ground signs within nonresidential 7 zoning districts, and as applicable to designated nonresidential portions 8 of PUD zoned properties, shall be located no closer than 10 feet from 9 any property line. 10 c. Maximum allowable sign area: 80 square feet for pole or ground 11 signs located along an arterial or collector road and 60 square feet 12 for all other roads. 13 d. Pole signs and, where applicable, ground signs shall provide a pole 14 cover no less than 50 percent of the,width of the sign, with architectural 15 design features including colors and or materials common to those 16 used in the design of the building to which the sign is accessory. 17 e. A minimum 100 square foot landscaping area shall be provided around 18 the base of any ground sign or pole sign. 19 f. Ground signs for smaller lots. Single occupancy or multiple occupancy 20 parcels shall be allowed 1 ground sign provided the following 21 mini requirements, as applicable, are met: 22 4-1. For those lots or parcels with public road frontage of no less 23 than-I-0875 feet, but up to 149.9 feet, or a combined public 24 street frontage of no less than 150 feet but less than 219.9 feet 25 for corner lots or parcels: 26 a) No portion of the ground sign may be located closer 27 than 10 feet from any property line. 28 b) "A landscaping area of no less than 100 square feet shall 29 be provided around the base of the ground sign. 30 c) The ground sign design shall include features common 31 to those used in the design of the building(s) to which 32 the sign is accessory. 33 d) The ground sign may be double-sided but cannot be 34 placed in a V-shape. 35 e) Any illumination of the sign shall be non-revolving and 36 shine away from any right-of-way, unless otherwise 37 provided for in this section. An electrical permit is 38 required and the sign shall meet the standards of the 39 National Electric Code, as adopted by Collier County. 40 f) The Official Address Numbers and/or the range of 41 Official Address Numbers for the property shall be 42 displayed in numerals at least 8 inches high on all of the 43 sign faces and shall be located so as to not be covered 44 by landscaping or other impediments; Address numbers 45 shall not count as sign message or graphics, unless 46 address numbers exceed 12 inches in height. 47 gf) No other freestanding signs shall be allowed on the 48 same lot or parcel. 49 ih2. Maximum height and sign area. 50 +ha) For those lots or parcels with frontage of 121 to 149.9 51 feet, or a combined public street frontage of no less 18 l:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Text underlined is new text to be added. Bold text indicates a defined term 1 than 150 feet for corner lots or parcels but less than 2 219.9 feet: 3 a-)1) The ground sign shall be limited to 8 feet in 4 height, as measured from the lowest centerline 5 grade of the nearest public road to the 6 uppermost portion of the sign structure 7 regardless of the roadway classification; and 8 b)Z) The maximum allowable sign area is 32 square 9 feet. 10 iiib) In 1-n-acklitienTFor those lots or parcels with frontage of 11 -16975 to 120.9 feet: 12 ail) The ground sign shall be limited to 9 8 feet in 13 height, as measured from the lowest centerline 14 grade of the nearest public road to the 15 uppermost portion of the sign structure 16 regardless of the roadway classification; and 17 1332) The maximum allowable sign area is 16 square 18 feet. 19 2. Outparcels. In addition to the above requirements, signs for outparcels, 20 regardless of the size of an outparcel, shall be limited to the following: 21 a. In addition to any wall signs permitted by this Code, outparcels may by 22 allowed 1 additional 60 square foot wall sign facing the shopping 23 center if the additional sign is not oriented towards any public right-of- 24 way. In no case shall the number of wall signs for an outparcel 25 exceed 2 signs; and, 26 b. A single ground sign for outparcels having a frontage of 150 feet or 27 more, not to exceed 60 square feet. Ground signs shall be limited to 28 eight feet in height. 29 3. Directory Signs. Multiple-occupancy parcels or multiple parcels developed 30 under a unified development plan, with a minimum of 8 independent units, 31 and containing x,08920,000 square feet or more of leasable floor area shall 32 be permitted 1 directory sign at one entrance on each public street.One 33 - -- - - - -- - • - - .. . . - -- - - - - - - • - _ -- 34 _ _ •• - - - - - -• - - - --- --- - 35 a. The maximum height for directory signs is limited to 20 feet. Height 36 shall be measured from the lowest centerline grade of the nearest 37 public or private right-of-way or easement to the uppermost portion of 38 the sign structure. 39 b. Directory signs shall not be closer than 1-510 feet from the property 40 line, unless otherwise noted below or as provided for in section 41 9.03.07, 42 c. Maximum allowable sign area:459200 square feet for directory 43 signs. 44 d. A minimum 100 square foot landscaping area shall be provided around 45 the base of any directory sign, 46 # # # # # # # # # # # # # 47 19 I:\2015 LDC Amendment Cycle\Amendments\5.06.00 Sign Regulations and Standards for LED Signs and Commercial Sign Holders\5 06 00 Sign Regs and landscaping 5-13-15 CCPC.docx 5/14/2015 9:23:03 AM Tab 10: 10.02.04 Minor Final Plat Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Staff Clarifications AUTHOR: Growth Management Department Staff DIVISION: Engineering &Natural Resources AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 10.02.04 Requirements for Preliminary and Final Subdivision Plats c CHANGE: This amendment proposes to remove an inadvertent error in the criteria for a Minor Subdivision Plat. Section 10.02.04 D.l.e stipulates' ra 'subdivision must not be part of a Planned Unit Development in order to request a r Subdivision,flat. This item is proposed to be removed from the list of criteria. ,t REASON: During the last revision to the section 10..02.04.0.%, was inadvertently inserted as criteria for a minor subdivision plat. The,itent of is LDC provision is to allow for the approval of a minor final sub d�[ n plat as an alternative to construction plans and final subdivision plat if the following criteria naet: a. No preliminary subdivision plat is bm a approved. b. Required improve ff are not required for the div1sio c. No security p: a , a ,:nd is req d nisi d. No phasing is +uired or proposed for bdivision e. The subdivision is not part otAa Planned Unit Development(PUD). The County historically processed plats whatever Zoning District they happen to occur, mg tho' g in a PU . Thereto" is�amendment is intended to remove item"e" during the 015 LDC am. s ent cycle DSAC-LDR 1COMMEN IONS: ' changes, approved unanimously. FISCAL & OPERATIONAL IMPACTS: There are no fiscal and operational impacts associated with this amendment a this time. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan impacts anticipated at this time. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Planner, 2/17/15 Amend the LDC as follows: 1 I:\2015 LDC Amendment Cycle\Amendments\10.02.04 Requirements for Preliminary and Final Subdivision Plats\10.02.04 Requirements for Preliminary and Final Subdivision Plats 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 10.02.04 Requirements for Preliminary and Final Subdivision Plats 2 3 D. General Requirements for a Minor Final Subdivision Plat(FP). 4 1. Generally. Minor final subdivision plat approval may be requested as an 5 alternative to construction plans and final subdivision plat if the following criteria 6 are met: 7 a. No preliminary subdivision plat is submitted or approved. 8 b. Required improvements are not required for the subdivision. 9 C. No security performance bond is required for the subdivision. 10 d. No phasing is required or proposed for the subdivision. 11 •- --- - •- -- - - - . ••:: e : - . 12 2. Application and process. 13 a. The Administrative Code shall provide the process and submittal 14 requirements for a minor final subdivision plat. Minor final subdivision 15 plats shall be in conformance with F.S. ch. 177 and the LDC, as 16 applicable. 17 b. Minor final subdivision plats shall be signed and sealed by a 18 professional surveyor and mapper registered in the State of Florida. The 19 minor final subdivision plat shall be prepared in accordance with the 20 provisions of F.S. ch. 177, as may be amended, and shall be clearly and 21 legibly drawn with black permanent drawing ink or a photographic silver 22 emulsion mylar to a scale of not smaller than 1 inch equals 100 feet. 23 C. Minor final subdivision plats shall be reviewed and approved pursuant 24 to LDC section 10.02.04113—B.4 as as slicable. 25 d. Minor final subdivision plats shall be r ;srded pursuant to LDC section 26 10.02 04 F. 27 # # # # # # # # m e ri K�- 2Fi 2 l:\2015 LDC Amendment Cycle\Amendments\10.02.04 Requirements for Preliminary and Final Subdivision Plats\10.02.04 Requirements for Preliminary and Final Subdivision Plats 5-13-15 FOR CCPC.docx Tab 11: 10.02.06 Ag. Clearing Permits 10.02.06 — Agricultural Clearing Permits will be continued to the JUNE 4th, 2015 CCPC meeting Tab 12: 10.02.06 CCSL Permits Text underlined is new text to be added. Bold text indicates a defined term 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. 1 I:\2015 LDC Amendment Cycle\Amendments\10.02.06 Requirements for Permits-CCSL Permit\10 02 06 H CCSL Permits 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term The exemptions also encourage removal of prohibited exotic and non-native vegetation from natural areas seaward of the CCSL. DSAC-LDR RECOMMENDATIONS: The amendment was approved unanimously with the following changes: 1) Add "Except as exempted in subsection 4 below," to the first paragraph, and 2) Add to the exemptions "The following activities shall not require a CCSL permit or plan approval otherwise required by this section." Change 1 has been incorporated into the amendment. Change 2 was not included as staff felt that the language could appear to exempt projects from required plan approvals rather than simply the CCSL permitting portion of those plans and could cause confusion. 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: 5/13/15 Amend the LDC as follows: 1 10.02.06 Requirements for Permits 2 3 G. Coastal Construction Setback Line Permits. Except as exempted in subsection 4 below, 4 the following activities seaward of the Coastal 5 Construction Setback Line shall require either a 1Coastal Construction Setback Line 6 (CCSL) permit; 2)Site Development Plans, Site Improvement Plans and Amendments 7 thereof pursuant to LDC section 10.02.03; or 3) Construction Plans and Final 8 Subdivision Plat(PPL) pursuant to LDC section 10.02.04.•9 - - ' - --- - - -- -- -- - - --- - = - -- - • - -= - - 10 The appropriate fee as set by county resolution shall be submitted with 2 I:\2015 LDC Amendment Cycle\Amendments\10.02.06 Requirements for Permits-CCSL Permit\10 02 06 H CCSL Permits 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term 1 permit application. All required Federal, State, and County permits shall be obtained 2 prior to commencement of construction. 3 1. Construction of a dune walkover when a Florida Department of Environmental 4 Protection (FDEP) permit has been obtained and the following criteria have been 5 met. 6 a. A maximum width of 6 feet. 7 b. A minimum separation of 200 feet between walkovers when 2 or more 8 walkovers are proposed on a single parcel. 9 2. Creation, restoration, re-vegetation or repair of the dune or other natural area 10 seaward of the CCSL on an individual parcel of land, when 11 of Environmental Protection (FDEP) pormit has been obtained and the following 12 criteria have been met. 13 a. Sand used must be compatible in color and grain size to existing sand 14 subject to FDEP requirements. 15 b. Plants utilized shall be 100 percent native coastal species. 16 c. Restoration plans shall be designed by an individual with expertise in the 17 area of environmental sciences, natural resource management or 18 landscape architecture. Academic credentials shall be a bachelors or 19 higher degree. Professional experience may be substituted for academic 20 credentials on a year for year basis, provided at least 2 years professional 21 experience are in the State of Florida. 22 3. The Administrative Code shall establish the procedures and application submittal 23 requirements for obtaining a Coastal Construction Setback Line permit. 24 4. Exemptions from CCSL permit. The following activities shall not require a CCSL 25 permit. All required Federal, State, and County permits shall be obtained prior to 26 commencement of construction. 27 a. Certain activities approved by the BCC that may temporarily alter ground 28 elevations such as artificial beach nourishment projects;or excavation or 29 maintenance dredging of inlet channels ••. •••• - - - - - 30 --- - -- -- - -- - - - ._ 31 -- - ---• -•: --- -- -- - - - - = -::•- - -- - 32 - --- - -- - -= -- =-- - -- -- - - -- - -- - 33 ■ ..... _ •___ _ . . • .. - -- •• 34 b. Implementation of Federal, State, or County approved preserve or listed 35 species management plans on publically owned land designated as 36 parks, preserves, or mitigation areas. 37 c. Implementation of County approved preserve or listed species 38 management plans on privately owned land pursuant to LDC section 39 3.05.07 H. 40 d. Hand removal of prohibited exotic and non-native vegetation in 41 accordance with LDC sections 3.05.02 G. 42 5. All other activities seaward of the CCSL shall require a variance, pursuant to 43 LDC section 9.04.06. 44 # # # # # # # # # # # # # 3 I:\2015 LDC Amendment Cycle\Amendments\10.02.06 Requirements for Permits-CCSL Permit\10 02 06 H CCSL Permits 5-13-15 FOR CCPC.docx Tab 13: 10.02.07 COA Provisions Text underlined is new text to be added. Bold text indicates a defined term 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 of Public Facility Adequacy CHANGE: To amend the Certificates of Public Facility Ad cy(COA) provisions as follows: 1. Within LDC section 10.02.07 B, there are two exemptions for temporary permits: 1) for temporary construction and development pits and, 2) for temporary use permits. Each includes a time limit, "not to exceed a cumulative period of 1 y r" It is proposed that this timeframe is removed for both of thesecemptionsti 2. To allow applicants who ha .aid 100 percent of the estimated transportation impact fees at a prior impact fee rates;. «,who now hold jbalance in excess of the current rate, to transfer the remaining ba e to another approved project within the same, or adjacent, transportation impact ffdistrict. .. 3 - REASON: 1. Temporary uses gener4 replaced by permanent structures that will be required to obtain a COA or are em+ ce construction is complete. For example, temporary construction and development „its for ;a Temporary Model Sales Center and Temporary Model.Home”, rmits are va for three years. However, the current COA €xemption is limited_ to + ear and ''the permitted temporary uses are subject to obtaining a COA. oughaT..„permits for these temporary uses exceeds the COA exemption, due to the tporary'rure of these structures, it is proposed the process used to many oncurrency related matters is more appropriately addressed with approval of the final p-` ent structure. 4 Temporary con . �. t and development permits present a similar example and are issued for structures-etch 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 l:\2015 LDC Amendment Cycle\Amendments\10.02.07 Requirements for Certificates of Public Facility Adequacy\10 02 07 Requirements for Certificates of Public Facility Adequacy 5-13-15 FOR CCPC.docx 5/14/2015 9:23:30 AM Text underlined is new text to be added. Bold text indicates a defined term 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 o u 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. DSAC-LDR RECOMMENDATIONS: No changes, approve,unanimously. FISCAL & OPERATIONAL IMPACTS: 1. Impact fees will not be paid for a teurrliy structure, but will be collected prior to approval of the final permanent structur f � 2. A journal entry will be processed for any prepaid roar impact fees,tkat are transferred to an adjacent road district. RELATED CODES OR REGULATIONS Collier County Code of Laws and Ordinances Chapter 74 p k GROWTH MANAGEMENT PLAN ACT There e titioanticipated impacts to the Growth ManagementI it this e. OTHER NOTES/VEIS ON DATA,: Prepared by Stefanie Nawt t ki, Pner, 0/14/14,Jeremy Frantz, 3/18/15, 3/23/15,4/14/15 Amend,th tbC as follows: 1 10.02.0 Requirements f' Certificat of Public Facility Adequacy 2 3 A. Generi ,his section a«.lies to any use or development that generates additional 4 impacts or demands on 6;°-1.•lic facilities. This section ensures that adequate public 5 facilities are available and o development orders subject to concurrency regulation are 6 issued unless adequate blic facilities are available to serve the proposed 7 development, including but not limited to the Transportation Concurrency Management 8 System and the Public School Facilities Concurrency. 9 B. Exemptions. The following are exempt from this section: 10 1. All valid, unexpired 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); 2 l:\2015 LDC Amendment Cycle\Amendments\10.02.07 Requirements for Certificates of Public Facility Adequacy\10 02 07 Requirements for Certificates of Public Facility Adequacy 5-13-15 FOR CCPC.docx 5/14/2015 9:23:30 AM Text underlined is new text to be added. Bold text indicates a defined term 1 c. The county demonstrates pursuant to F.S. § 380.06 that substantial 2 changes in the conditions underlying the approval of the development 3 order have occurred or the development order was based on substantially 4 inaccurate information provided by the developer or that the application of 5 this section to the development order is clearly established to be essential 6 to the public health, safety and welfare; or 7 d. The new requirements would not change or alter a DRI development 8 order that they would materially or substantially affect the developer's 9 ability to complete the development authorized by the DRI development 10 order. 11 2. Construction of public facilities that is consistent with the Collier County Growth 12 Management Plan. 13 3. Temporary construction and development permits and any subsequent renewals 14 -- • - --. .. - -- '-- -15 4. Development orders permitting replacement, reconstruction or repair of existing 16 development consistent with all elements of the Growth Management Plan. 17 5. Temporary use permits and any subsequent renewals net-te-exceed-a 18 . 19 6. For public school facilities, the following shall be exempt from the terms of this 20 section. 21 a. Single family and mobile home lots of record, existing as of October 14, 22 2008, the effective date of the public school concurrency agreement 23 under the 2008 Interlocal Agreement between Collier County and the 24 District School Board of Collier County, 25 b. Any new residential development that had a final subdivision plat or site 26 development plan approval as of the effective date of school concurrency, 27 October 14, 2008. 28 c. Any amendment to any previously approved residential development 29 order that does not increase the number of dwelling units or change the 30 dwelling unit type (e.g., single family to multi-family). 31 d. Age-restricted communities with no permanent residents under the age of 32 18 years. Exemption of an age-restricted community will be subject to a 33 restrictive covenant limiting the age of permanent residents to 18 years 34 and older. 35 e. All new residential subdivision plats and site development plans or 36 amendments to previously approved residential development orders, 37 which are calculated to generate less than 1 student. 38 f. Development that has been authorized as a Development of Regional 39 Impact(DRI) pursuant to Ch. 380, F.S. as of July 1, 2005. 40 7. Developments that claim vested status from the Growth Management Plan 41 adopted January 10, 1989 and its implementing regulations and have a 42 determination of vested rights for a certificate of public facility adequacy in 43 accordance with LDC section 9.02.00. 44 C. Certificate of Public Facility Adequacy (COA)for Roadways. 45 1. Applicability. The issuance of a COA for roadways shall demonstrate proof of 46 adequate roadways to serve the development approved by the development 47 order. 48 2. Issuance of a COA for roadways. 49 a. A COA for roadways may be issued subsequent to estimated road impact 50 fee payment pursuant to LDC subsection 10.02.07 C.5 and only with the 51 approval of one of the following: 52 i. A final subdivision plat and amendments thereof; 3 I:\2015 LDC Amendment Cycle\Amendments\10.02.07 Requirements for Certificates of Public Facility Adequacy\10 02 07 Requirements for Certificates of Public Facility Adequacy 5-13-15 FOR CCPC.docx 5/14/2015 9:23:30 AM Text underlined is new text to be added. Bold text indicates a defined term 1 ii. A final approved site development plan or site improvement plan 2 and amendments thereof; 3 iii. A building permit or mobile home tie-down permit issued by the 4 County; or 5 iv. Pursuant to the terms of an enforceable development agreement 6 with Collier County pursuant to the provisions of F.S. § § 163.3220 7 -163.3242 or other agreement acceptable to the Board of County 8 Commissioners, in conjunction with the approval of a development 9 order and/or a certificate of public facility adequacy. 10 3. Exceptions. Non-residential developments (i.e. commercial or industrial) 11 otherwise required to obtain approval of a site development plan prior to the 12 issuance of a building permit or applicants for a final subdivision plat may elect 13 to 14 a. Comply with the applicable regulations of this section as to one or more of 15 the lot(s) of the final subdivision plat and obtain a COA specifically for just 16 that lot or lots at a specified intensity of development; or 17 b. Delay submitting a Transportation Impact Statement(TIS) and obtaining a 18 COA for all of the proposed lots, or just those remaining lots not then 19 already complying with this section, until a required site development plan 20 is applied for and the terms of this section are then complied with 21 including payment of estimated transportation impact fees. However, the 22 subject development is not allocated any available road system capacity 23 or considered eligible to be vested for transportation concurrency 24 purposes until approval of a TIS, payment of estimated Transportation 25 Impact Fees in accordance with this suction, and issuance of a COA 26 in accordance with Chapters 3, 6, and 10 of the LDC. 27 4. One year Traffic Capacity Reservation. , , 28 a. At the time of TIS approval by the Engineering Services Director or 29 designee a 1 year Traffic Capacity Reservation shall be set aside and 30 allocated by the County Manager or designee for the proposed 31 development pending the approval of the final local development orders 32 identified in LDC subsection 10.02.07 C.2.a. 33 ° b Following approval of a final local development order identified in LDC 34 4 tl, section 10.02x'7 C.2.a, the estimated roadway impact fees shall be paid 35 within 1 year of the.TIS approval to secure the COA. 36 c,,, to pay the estimated roadway impact fees following the approval 37 of a final local development order identified in LDC subsection 10.02.07 38 C.2 a within the 1 year of Traffic Capacity Reservation shall require the 39 applicant to re-apply for a COA. 40 d. If a final local development order identified in LDC subsection 10.02.07 41 C.2 a is not approved within 1 year of the TIS approval date, the applicant 42 may petition the Board of County Commissioners to extend the Traffic 43 Capacity Reservation for 1 year. 44 5. Roadway Impact Fee Payment. 45 a. Estimated Roadway Impact Fee. In order to obtain a COA the applicant 46 shall pay the estimated road impact fees in accordance with Code of 47 Laws and Ordinances Chapter 74-302(h) which identifies the amount and 48 the timing of roadway impact fee payments. 49 b. Final Payment of Roadway Impact Fee. Following the estimated roadway 50 impact fee payment, all remaining roadway impact fees shall be paid in 51 accordance with the Code of Laws and Ordinances section 74-302(h)(1). 4 I:\2015 LDC Amendment Cycle\Amendments\10.02.07 Requirements for Certificates of Public Facility Adequacy\10 02 07 Requirements for Certificates of Public Facility Adequacy 5-13 15 FOR CCPC.docx 5!14/2015 9:23.30 AM Text underlined is new text to be added. Bold text indicates a defined term 1 c. Roadway impact fees paid to obtain a COA are non-refundable after 2 payment and issuance. 3 D. Process for Certificate of Public Facility Adequacy for Roadways. 4 1. Process. The Administrative Code shall establish the procedures and submittal 5 requirements for obtaining a COA. 6 a. An application for a COA for roadways shall be submitted in conjunction 7 with a final local development order identified in LDC 8 subsection10.02.07 C.2.a. 9 b. Application fees for a COA shall be in an amount determined by the 10 Board of County Commissioners and shall accompany the application. An 11 application shall not be deemed complete until the application fees have 12 been paid. 13 2. Assignability and transferability. 14 a. An approved certificate of public facility adequacy shall run with the land 15 associated with the corresponding development approval. A certificate of 16 public facility adequacy shall be assignable within the corresponding land 17 of the approved development, and shall not be assignable or 18 transferable to other development, except as may otherwise be provided 19 for under an approved development agreement. This provision does not 20 preclude the re-allocation of capacity between lots or parcels comprising 21 the land that is the subject of the same consolidated application for 22 development approval so long as the original certificate is surrendered 23 along with a written request by the then current owner to re-allocate no 24 more than that certificate's previously approved capacity in a re-issued 25 certificate. 26 b. In the event that upon build-out of the development estimated 27 transportation impact fees are still unspent, the remaining balance of such 28 estimated fees may be transferred in accordance with Code of Laws and 29 Ordinances section 74-203 (b). The COA shall be modified to reflect the 30 built-out development. 31 ;< In the event that the estimated transportation impact fees are 100% paid 32 = for all development identified in the COA and such estimate exceeds the 33 projected calculation of the required transportation impact fees, the 34 remaining balance may be transferred to another approved project within 35 the same, or adjacent, transportation impact fee district. 36 3 Appeal of public facilities determination. Appeals shall be consistent with Code of 37 Laws and Ordinances section 250-58. 38 # # # # # # # # # # # # # 5 I:\2015 LDC Amendment Cycle\Amendments\10.02.07 Requirements for Certificates of Public Facility Adequacy\10 02 07 Requirements for Certificates of Public Facility Adequacy 5-13-15 FOR CCPC.docx 5/14/2015 9:23:30 AM Tab 14: 10.03.06 NIMs for SRAs Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Collier County Planning Commission AUTHOR: Growth Management Department DIVISION: Planning and Zoning AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 10.03.06 Public Notice and Required Hearings for Land Use Petitions CHANGE: To require a Neighborhood Informational Meeting (NIM) rather than an optional notice requirement for ordinances or resolutions affecting a Stewardship Receiving Area (SRA) and SRA amendments. REASON: During the public hearings for Ave Maria SRA town plan and SRA master plan on September 9, 2014, the Planning Commission unanimously voted to direct an amendment. Neighborhood Informational Meetings are currently held prior to the first public hearing and public notice for the following application types: 1. An ordinance or resolution for a rezoning, a PUD amendment, or a conditional use. 2. Ordinance or resolution for comprehensive plan amendments, both small and large-scale amendments. 3. PUD Insubstantial Change (PDI) with Hearing Examiner having the discretion to waive or Boat Dock Facility Extension, Boathouse Establishment, or Boat Dock Canopy Deviation. 4. Ordinance or resolution for a mixed use project (MUP) located in the mixed use district overlay seeking to utilize the Bonus Density Pool or request deviations exceeding administrative approval. Currently, for ordinances or resolutions affecting a Stewardship Receiving Area (SRA) and SRA amendments, the NIM is an optional notice procedure. The SRA process is the only process in the County involving modifications to land use that does not require a NIM. This change will be consistent to a NIM required for a PUDA or PUD rezone. This amendment will require notices be sent to all property owners within 1,000 feet of the property lines of the subject property. LDC Section 10.03.05. Chapter 8 of the Administrative Code, identify notification by mail is required to property owners within 500 feet of areas in the urban designated area of the future land use element of the county's Growth Management Plan. While all other areas outside the urban designated areas receive notices within 1,000 feet. This provision is consistent with the notification process for planned units of developments and those areas outside of urban designated areas. DSAC-LDR RECOMMENDATIONS: No changes, approved unanimously. 1 I:\2015 LDC Amendment Cycle\Amendments\10.03.06 Public Notice and Required Hearings for Land Use Petitions\10.03.06 Public Notice and Required Hearings for Land Use Petitions 5-13-15 FOR CCPC.docx Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: The applicant pays for advertising and public notice of meetings. The County's expense is limited to staff compensation time to attend the neighborhood information meetings. RELATED CODES OR REGULATIONS: LDC 10.03.05- Required Methods of Providing Public Notice Chapter 8 -Administrative Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner, February 17, 2015 Amend the LDC as follows: 1 10.03.06 Public Notice and Required Hearings for Land Use Petitions. 2 * * * 3 M. Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendment 4 1. The following advertised public hearings are required, except for minor 5 amendments per LDC section 4.08.07 6 a. One EAC hearing, if required, pursuant to LDC section 4.08.07 F. 7 b. One Planning Commission hearing pursuant to LDC section 4.08.07 8 c. One BCC hearing pursuant to LDC section 4.08.07 9 2. The following notice procedures are required: 10 a. An-optional A NIM. See LDC section 10.03.05 A. 11 b. Newspaper Advertisement prior to each advertised public hearing 12 pursuant to LDC section 4.08.06 F. 13 # # # # # # # # # # # # # 2 1:\2015 LDC Amendment Cycle\Amendments\10.03.06 Public Notice and Required Hearings for Land Use Petitions\10.03.06 Public Notice and Required Hearings for Land Use Petitions 5-13-15 FOR CCPC.docx Tab 15: Appendixes — Bond Templates Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department DIVISION: County Attorney's Office AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): Appendix A-Standard Performance Security Documents For Required Improvements CHANGE: To add standard provisions of performance bond requirement for Excavation Work Permits, Early Work Authorization, Site Development Plans and a Standard Letter of Credit in Appendix A with a table to specimen forms. REASON: Appendix A represents the various bonding instruments and irrevocable standby letter of credit required for Subdivision Improvements. Three additional instruments are being incorporated to expedite the development review process and address the financial obligations a developer incurs when applying for an'excavation permit, early work authorization, or site development plan. The current Irrevocable Standby Letter of Credit is modified to be specific to the required improvements for Subdivision, Excavation Work, Early Work Authorization, or Site Development Plan. The current list of standard security documents for Subdivision Improvements are 1. Irrevocable Standby Letter of Credit No 2. Performance Bond 3. Construction, Maintenance, and Escrow Agreement for Subdivision Improvements 4. Construction and Maintenance Agreement For Subdivision Improvements. The additional standard security documents being included are 5. Performance Bond and Irrevocable Standby Letter For Excavation Work 6. Performance Bond and Irrevocable Standby Letter For Early Work Authorization 7. Performance Bond and Irrevocable Standby Letter For Site Development Plan The appendix is reformatted into four sections; subdivision improvements, excavation improvement, early work and site development plan improvements and formatted for ease of use. DSAC-LDR RECOMMENDATIONS: Unanimously approved the subcommittee recommendation the introductory provision to each document be modeled off the Florida Statutes and read: The [vehicle] shall be substantially as follows:" FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None 1 1:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term OTHER NOTES/VERSION DATE: Prepared by: Richard Henderlong, Principal Planner, 3-5-15 Amend the LDC as follows: 1 APPENDIX A- Standard Performance Security Documents For Required Improvements 2 The following specimen forms are to be used as a guide for preparation of bonding 3 instruments which will be submitted to the Collier County Board Of County Commissioners for 4 guaranteeing the completion of required improvements with respect to this Code. Adherence to 5 the forms will assure an expeditious review by the Development Services Department Division 6 and the Collier County Attorney's Office. Deviation in substance or form from the suggested 7 specimen forms may result in a substantial delay or disapproval of the bonding provisions for 8 Required Improvements by the Development Services Department Division or the County 9 Attorney's Office. These specimen forms may be revised from time to time by resolution of the 10 Board of County Commissioners. 11 12 Appendix A consists of the following specimen forms: 13 14 A.1. Subdivision Improvements 15 a. Irrevocable Standby Letter of Credit. 16 b. Performance Bond 17 c. Construction, Maintenance, and Escrow Agreement For Subdivision 18 Improvements 19 d. Construction and Maintenance Agreement For Subdivision Improvements 20 21 A.2. Excavation Improvements 22 a. Irrevocable Standby Letter of Credit. 23 b. Performance Bond 24 25 A.3. Early Work Improvements 26 a. Irrevocable Standby Letter of Credit. 27 b. Performance Bond 28 29 A.4. Site Development Plan Improvements 30 a. Irrevocable Standby Letter of Credit. 31 b. Performance Bond 32 2 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 A.1. Subdivision Improvements 2 3 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 4 5 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 6 (insert issuer's identifying number) 7 8 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 9 "Issuer"). 10 11 PLACE OF EXPIRY: At Issuer's counters. 12 13 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 14 issue), and shall thereafter be automatically renewed for successive one-year periods on the 15 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 16 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 17 this Credit. 18 19 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 20 current business address). 21 22 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 23 "Beneficiary") do Engineering Sorvicoe Growth Management Department, 2800 North 24 Horseshoe Drive, Naples, Florida 34104. 25 26 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 27 28 CREDIT AVAILABLE WITH: Issuer. 29 30 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 31 Issuer. 32 33 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 34 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 35 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 36 Applicant) has failed to construct and/or maintain the improvements associated with that certain 37 plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to 38 Collier County has not been performed prior to the date of expiry, and satisfactory alternative 39 performance security has not been provided to and formally accepted by the Beneficiary." 40 41 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 42 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 43 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 44 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 45 following address (list Florida address). 46 47 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 48 shall not in any way be modified, amended, or amplified by reference to any document, 49 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 50 such reference shall not be deemed to incorporate herein by reference any document, 51 instrument or agreement. 52 3 I:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 2 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 3 4 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 5 Revision) International Chamber of Commerce Publication No. 600. 6 (Name of Issuer) 7 8 By: 9 10 11 Printed Name/Title 12 (President, Vice President, or CEO) 13 (Provide proper Evidence of 14 Authority) 15 16 (Ord. No. 12 38, § 3.MM) 17 18 b. The Performance Bond shall be substantially as follows: 19 PERFORMANCE BOND 20 21 KNOW ALL PERSONS BY THESE PRESENTS: that 22 23 (NAME OF OWNER) 24 (ADDRESS OF OWNER) 25 26 (hereinafter referred to as "Owner") and 27 28 (NAME OF SURETY) 29 (ADDRESS/TELEPHONE NUMBER OF SURETY) 30 31 (hereinafter referred to as "Surety")are held and firmly bound unto Collier County, Florida, 32 (hereinafter referred to as "County") in the total aggregate sum of Dollars 33 ($ ) in lawful money of the United States, for the payment of which sum well and 34 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 35 assigns,jointly and severally, firmly by these presents. Owner and Surety are used for singular 36 or plural, as the context requires. 37 38 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 39 approval by the Board a certain subdivision plat named and that certain 40 subdivision shall include specific improvements which are required by Collier County 41 Ordinances and Resolutions(hereinafter"Land Development Regulations"). This obligation of 42 the Surety shall commence on the date this Bond is executed and shall continue until the date 43 of final acceptance by the Board of County Commissioners of the specific improvements 44 described in the Land Development Regulations (hereinafter the "Guaranty Period"). 45 46 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 47 and duties in accordance with the Land Development Regulations during the guaranty period 48 established by the County, and the Owner shall satisfy all claims and demands incurred and 49 shall fully indemnify and save harmless the County from and against all costs and damages 50 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 4 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 County all outlay and expense which the County may incur in making good any default, then this 2 obligation shall be void, otherwise to remain in full force and effect. 3 4 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 5 agrees that no change, extension of time, alteration, addition or deletion to the proposed 6 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 7 waive notice of any such change, extension of time, alteration, addition or deletion to the 8 proposed specific improvements. 9 10 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 11 amended automatically and immediately, without formal and separate amendments hereto, so 12 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 13 Land Development Regulations. The term "Amendment,"wherever used in this Bond, and 14 whether referring to this Bond, or other documents shall include any alteration, addition or 15 modification of any character whatsoever. 16 17 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 18 to be executed this day of , 20 19 WITNESSES: (Owner Name and Title if Corporation) By. Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 20 21 ACKNOWLEDGEMENT 22 23 STATE OF 24 25 COUNTY OF 26 27 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28 DAY OF , 20 , BY (NAME OF 29 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 30 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 31 32 Notary Public - State of 33 (SEAL) 34 35 Printed Name 36 WITNESSES: (Surety Name and Title if Corporation) ,By: Printed Name jP- rintedName/Title (Provide Proper Evidence of Authority) Printed Name 37 38 ACKNOWLEDGMENT 5 1:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2 STATE OF 3 4 COUNTY OF 5 6 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 7 DAY OF , 20 , BY (NAME OF 8 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 9 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 10 11 Notary Public- State of 12 (SEAL) 13 14 Printed Name 15 16 c. The Construction, Maintenance and Escrow Agreement for Subdivision 17 Improvements shall be substantially as follows: 18 19 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR 20 SUBDIVISION IMPROVEMENTS 21 22 THIS AGREEMENT entered into this day of , 20 23 by (description of entity) (hereinafter"Developer"), THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter"The Board") and 25 (hereinafter"Lender"). 26 27 RECITALS: 28 A. Developer has, simultaneously with the delivery of this Agreement, applied for 29 the approval by the Board of a certain plat of a subdivision to be known 30 as 31 32 B. The subdivision will include certain improvements which are required by Collier 33 County ordinances, as set forth in a site construction cost estimate ("Estimate") 34 prepared by , a copy of which is attached hereto and incorporated 35 herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are 36 limited to those described in the Estimate. 37 38 C. Sections 10.02.05 C and 10.02.04 of the Collier County Subdivision Code 39 Division of the Unified Land Development Code requires the Developer to provide 40 appropriate guarantees for the construction and maintenance of the Required 41 Improvements. 42 43 D. Lender has entered into a construction loan agreement with Developer dated 44 , Account No. (the "Construction Loan")to fund the 45 cost of the Required Improvements. 46 47 E. Developer and the Board have acknowledged that the amount Developer is 48 required to guarantee pursuant to this Agreement is $ , and this amount 49 represents 110% of the Developer's engineer's estimate of the construction costs for 50 the Required Improvements. 51 6 I:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 2 hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as 3 follows: 4 5 1. Developer will cause the water, sewer, roads, drainage and like facilities, the 6 Required Improvements, to be constructed pursuant to specifications that have 7 been approved by the County Manager or his designee within 8 months from the date of approval of said subdivision plat. 9 10 2. Developer hereby authorizes Lender to hold $ from the 11 Construction Loan, in escrow, pursuant to the terms of this Agreement. 12 13 14 3. Lender agrees to hold in escrow$ from the Construction Loan, 15 to be disbursed only pursuant to this Agreement. Lender acknowledges that 16 this Agreement shall not constitute a draw against the Construction Loan fund, 17 but that only such funds as are actually disbursed, whether pursuant to this 18 Agreement or a provision of the Construction Loan, shall accrue interest. 19 20 4. The escrowed funds shall be released to the Developer only upon written 21 approval of the County Manager or his designee who shall approve the 22 release of the funds on deposit not more than once a month to the Developer, 23 in amounts due for work done to date based on the percentage completion of 24 the work multiplied by the respective work costs less ten percent(10%); and 25 further, that upon completion of the work, the County Manager or his designee 26 shall approve the release of any remainder of escrowed funds except to the 27 extent of$ which shall remain in escrow as a Developer 28 guaranty of maintenance of the Required Improvements for a minimum period 29 of one (1)year pursuant to Paragraph 10 of the Agreement. 30 31 However, in the event that Developer shall fail to comply with the requirements of this 32 Agreement, then the Lender agrees to pay to the County immediately upon demand the 33 balance of the funds held in escrow by the Lender, as of the date of the demand, 34 provided that upon payment of such balance to the County, the County will have 35 executed and delivered to the Lender in exchange for such funds a statement to be 36 signed by the County Manager or his designee to the effect that: 37 38 (a) Developer for more than sixty(60) days after written notification of such 39 failure has failed to comply with the requirements of this agreement; 40 (b) The County, or its authorized agent, will complete the work called for 41 under the terms of the above-mentioned contract or will complete such 42 portion of such work as the County, in its sole discretion shall deem 43 necessary in the public interest to the extent of the funds then held in 44 escrow; 45 (c) The escrow funds drawn down by the County shall be used for 46 construction of the Required Improvements, engineering, legal and 47 contingent costs and expenses, and to offset any damages, either 48 direct or consequential, which the County may sustain on account of 49 the failure of the Developer to carry out and execute the above- 50 mentioned development work; and 7 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 (d) The County will promptly repay to the Lender any portion of the funds 2 drawn down and not expended in completion of the said development 3 work. 4 5 5. Written notice to the Lender by the County specifying what amounts are to be 6 paid to the Developer shall constitute authorization by the County to the 7 Lender for release of only those specified funds to the Developer. Payment by 8 the Lender to the Developer of the amounts specified in a letter of 9 authorization by the County to the Lender shall constitute a release by the 10 County and Developer of the Lender for the specified funds disbursed in 11 accordance with the letter of authorization from the County. 12 13 6. The Required Improvements shall not be considered for preliminary approval 14 until a statement of substantial completion by Developer's engineer along with 15 the final project records have been furnished to be reviewed and approved by 16 the County Manager or his designee for compliance with the Collier County 17 Subdivision Regulations. 18 19 7. The County Manager or his designee shall, within sixty(60) days of receipt of 20 the statement of substantial completion, either: a) notify the Developer in 21 writing of his preliminary approval of the improvements; or b) notify the 22 Developer in writing of his refusal to approve the improvements, therewith 23 specifying those conditions which the Developer must fulfill in order to obtain 24 the Director's approval of the Required Improvements. However, in no event 25 shall the County Manager or his designee refuse preliminary approval of the 26 improvements if they are in fact constructed and submitted for approval in 27 accordance with the requirements of this Agreement. 28 29 8. Should the funds held in escrow be insufficient to complete the Required 30 Improvements, the Board, after duly considering the public interest, may at its 31 option complete the Required Improvements and resort to any and all legal 32 remedies against the Developer. 33 34 9. Nothing in this Agreement shall make the Lender liable for any funds other 35 than those placed in deposit by the Developer in accordance with the 36 foregoing provisions; provided, that the Lender does not release any monies to 37 the Developer or to any other person except as stated in this Escrow 38 Agreement to include closing the account, or disbursing any funds from the 39 account without first requesting and receiving written approval from the 40 County. 41 42 10. The Developer shall maintain all Required Improvement for one year after 43 preliminary approval by the County Manager or his designee. After the one 44 year maintenance period by the Developer and upon submission of a written 45 request for inspection, the County Manager or his designee shall inspect the 46 Required Improvements and, if found to be still in compliance with the Code as 47 reflected by final approval by the Board, the Lender's responsibility to the 48 Board under this Agreement is terminated. The Developer's responsibility for 49 maintenance of the Required Improvements shall continue unless or until the 50 Board accepts maintenance responsibility for and by the County. 51 8 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 11. All of the terms, covenants and conditions herein contained are and shall be 2 binding upon the respective successors and assigns of the Developer and the 3 Lender. 4 5 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be 6 executed by their duly authorized representatives this day of 7 20 8 SIGNED IN THE PRESENCE OF ! (Name of entity) i ___. BY Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority Printed Name 9 10 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ,Deputy Clerk ;By: , Chairman Approved as to form and legal sti#fisiensylegality: Assistant County Attorney 11 12 d. The Construction and Maintenance Agreement for Subdivision Improvements 13 shall be substantially as follows: 14 15 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 16 17 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 18 IMPROVEMENTS entered into this day of , 20 19 between hereinafter referred to as "Developer," and the Board of County 20 Commissioners of Collier County, Florida, hereinafter referred to as the "Board. 21 22 RECITALS: 23 A. Developer has, simultaneously with the delivery of this Agreement, applied for 24 the approval by the Board of a certain plat of a subdivision to be known as: 25 26 B. Chapters 4 and 10 of the Collier County Land Development Code requires the 27 Developer to post appropriate guarantees for the construction of the improvements 28 required by said subdivision regulations, said guarantees to be incorporated in a 29 bonded agreement for the construction of the required improvements. 30 31 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 32 hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 33 34 1. Developer will cause to be constructed: 9 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 within months from the date of approval said subdivision plat, 2 said improvements hereinafter referred to as the required improvements. 3 4 2. Developer herewith tenders its subdivision performance security(attached 5 hereto as Exhibit "A" and by reference made a part hereof) in the amount of 6 $ which amount represents 10% of the total contract cost to 7 complete construction plus 100% of the estimate cost of to complete the 8 required improvements at the date of this Agreement. 9 10 3. In the event of default by the Developer or failure of the Developer to complete 11 such improvements within the time required by the Land Development Code, 12 Collier County, may call upon the subdivision performance security to insure 13 satisfactory completion of the required improvements. 14 15 4. The required improvements shall not be considered complete until a statement 16 of substantial completion by Developer's engineer along with the final project 17 records have been furnished to be reviewed and approved by the County 18 Manager or his designee for compliance with the Collier County Land 19 Development Code. 20 21 5. The County Manager or his designee shall, within sixty (60) days of receipt of 22 the statement of substantial completion, either: a) notify the Developer in 23 writing of his preliminary approval of the improvements; or b) notify the 24 Developer in writing of his refusal to approve improvements, therewith 25 specifying those conditions which the Developer must fulfill in order to obtain 26 the County Manager's approval of the improvements. However, in no event 27 shall the County Manager or his designee refuse preliminary approval of the 28 improvements if they are in fact constructed and submitted for approval in 29 accordance with the requirements of this Agreement. 30 31 32 6. The Developer shall maintain all required improvements for a minimum period 33 of one year after preliminary approval by the County Manager or his designee. 34 After the one year maintenance period by the Developer has terminated, the 35 Developer shall petition the County Manager or his designee to inspect the 36 required improvements. The County Manager or his designee shall inspect the 37 improvements and, if found to be still in compliance with the Collier County 38 Land Development Code as reflected by final approval by the Board, the 39 Board shall release the remaining 10% of the subdivision performance 40 security. The Developer's responsibility for maintenance of the required 41 improvements shall continue unless or until the Board accepts maintenance 42 responsibility for and by the County. 43 44 7. Six(6) months after the execution of this Agreement and once within every six 45 (6) months thereafter the Developer may request the County Manager or his 46 designee to reduce the dollar amount of the subdivision performance security 47 on the basis of work complete, Each request for a reduction in the dollar 48 amount of the subdivision performance security shall be accompanied by a 49 statement of substantial completion by the Developer's engineer together with 50 the project records necessary for review by the County Manager or his 51 designee. The County Manager or his designee may grant the request for a 10 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 reduction in the amount of the subdivision performance security for the 2 improvements completed as of the date of the request. 3 4 9. In the event the Developer shall fail or neglect to fulfill its obligations under this 5 Agreement, upon certification of such failure, the County Manager or his 6 designee may call upon the subdivision performance security to secure 7 satisfactory completion, repair and maintenance of the required improvements. 8 The Board shall have the right to construct and maintain, or cause to be 9 constructed or maintained, pursuant to public advertisement and receipt and 10 acceptance of bids, the improvements required herein. The Developer, as 11 principal under the subdivision performance security, shall be liable to pay and 12 to indemnify the Board, upon completion of such construction, the final total 13 cost to the Board thereof, including, but not limited to, engineering, legal and 14 contingent costs, together with any damages, either direct or consequential, 15 which the Board may sustain on account of the failure of the Developer to fulfill 16 all of the provisions of this Agreement. 17 18 10. All of the terms, covenants and conditions herein contained are and shall be 19 binding upon the Developer and the respective successors and assigns of the 20 Developer. 21 22 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 23 be executed by their duly authorized representatives this day of be executed this 24 day of , 20 25 SIGNED IN THE PRESENCE OF: Name of Entity) _... By Printed Name/Title Printed name (President, VP, or CEO) Provide Proper Evidence of Authority) Printed name ATTEST: Y .._ .....v ..._. ...._....... DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By ,Deputy Clerk By Chairman Approved as to form and lei #iciensylegalify: Assistant County Attorney 26 27 28 A.2. Excavation Improvements 29 30 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 31 32 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 33 (insert issuer's identifying number) 34 11 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term I ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 2 "Issuer"). 3 4 PLACE OF EXPIRY: At Issuer's counters. 5 6 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 7 issue), and shall thereafter be automatically renewed for successive one-year periods on the 8 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 9 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 10 this Credit. 11 12 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 13 current business address). 14 15 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 16 "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, 17 Florida 34104. 18 19 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 20 21 CREDIT AVAILABLE WITH: Issuer. 22 23 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 24 Issuer. 25 26 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 27 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 28 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 29 Applicant) has failed to construct and/or maintain the excavation improvements associated with 30 Excavation Permit No. , or prior to the date of expiry final approval of the 31 excavation has not been granted by Collier County as required by Collier County Ordinances 32 and Resolutions, and the Applicant failed to provide the County with a satisfactory alternative 33 performance security." 34 35 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 36 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 37 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 38 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 39 following address (list Florida address). 40 41 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 42 shall not in any way be modified, amended, or amplified by reference to any document, 43 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 44 such reference shall not be deemed to incorporate herein by reference any document, 45 instrument or agreement. 46 47 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 48 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 49 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 50 Revision) International Chamber of Commerce Publication No. 600. 51 52 (Name of Issuer) 12 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2 By: 3 4 5 Printed Name/Title 6 (President, Vice President, or CEO) 7 (Provide proper Evidence of 8 Authority) 9 10 11 b. The Performance Bond for Excavation Work shall be substantially as follows: 12 13 PERFORMANCE BOND FOR EXCAVATION WORK 14 15 KNOW ALL PERSONS BY THESE PRESENTS: that 16 17 (NAME OF OWNER) 18 (ADDRESS OF OWNER) 19 20 (hereinafter referred to as "Owner") and 21 22 (NAME OF SURETY) 23 (ADDRESS/TELEPHONE NUMBER OF SURETY) 24 25 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 26 (hereinafter referred to as "County") in the total aggregate sum of Dollars 27 ($ ) in lawful money of the United States, for the payment of which sum well and 28 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 29 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 30 or plural, as the context requires. 31 32 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 33 approval by the Board a certain excavation permit no. and that certain 34 excavation permit shall include specific improvements which are required by Collier County 35 Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of 36 the Surety shall commence on the date this Bond is executed and shall continue until the date 37 of completion of the work and approval by the County of the specific improvements described in 38 the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a 39 new bond in the event of a change of Ownership. 40 41 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 42 and duties in accordance with the Land Development Regulations during the guaranty period 43 established by the County, and the Owner shall satisfy all claims and demands incurred and 44 shall fully indemnify and save harmless the County from and against all costs and damages 45 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 46 County all outlay and expense which the County may incur in making good any default, then this 47 obligation shall be void, otherwise to remain in full force and effect. 48 49 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 50 agrees that no change, extension of time, alteration, addition or deletion to the proposed 51 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 52 waive notice of any such change, extension of time, alteration, addition or deletion to the 13 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 proposed specific improvements. 2 3 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 4 amended automatically and immediately, without formal and separate amendments hereto, so 5 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 6 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 7 whether referring to this Bond, or other documents shall include any alteration, addition or 8 modification of any character whatsoever. 9 10 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 11 to be executed this day of , 20 12 WITNESSES: --Towner Name and Title if Corporation) Printed Name ;Printed Name/Title ,(Provide Proper Evidence of Authority) Printed Name 13 14 ACKNOWLEDGEMENT 15 16 STATE OF 17 18 COUNTY OF 19 20 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 21 DAY OF ,20 , BY(NAMEOF 22 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 23 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 24 25 Notary Public- State of 26 (SEAL) 27 28 Printed Name 29 WITNESSES: � Name and Title if Corporation) By Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 30 31 ACKNOWLEDGMENT 32 33 STATE OF 34 35 COUNTY OF 36 37 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 38 DAY OF , 20 , BY (NAME OF 14 I.\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 2 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 3 4 Notary Public- State of 5 (SEAL) 6 7 Printed Name 8 9 A.3. Early Work Improvements 10 11 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 12 13 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 14 (insert issuer's identifying number) 15 16 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 17 "Issuer"). 18 19 PLACE OF EXPIRY: At Issuer's counters. 20 21 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 22 issue), and shall thereafter be automatically renewed for successive one-year periods on the 23 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 24 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 25 this Credit. 26 27 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 28 current business address). 29 30 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 31 "Beneficiary") - _ •_•--- • _ _ • '_ Growth Management Department, 2800 North 32 Horseshoe Drive, Naples, Florida 34104. 33 34 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 35 CREDIT AVAILABLE WITH: Issuer. 36 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 37 Issuer. 38 39 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 40 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 41 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 42 Applicant) has failed to construct and/or maintain the early work improvements associated with 43 Early Work Authorization Permit No. , or prior to the date of expiry a 44 subsequent final development order, such as site development plan or plat, has not been 45 approved by Collier County as required by Collier County Ordinances and Resolutions, and the 46 Applicant failed to provide the County with a satisfactory alternative performance security." 47 48 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 49 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 50 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 51 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 52 following address (list Florida address). 15 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 3 shall not in any way be modified, amended, or amplified by reference to any document, 4 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 5 such reference shall not be deemed to incorporate herein by reference any document, 6 instrument or agreement. 7 8 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 9 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 10 11 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 12 Revision) International Chamber of Commerce Publication No. 600. 13 (Name of Issuer) 14 15 By: 16 17 18 Printed Name/Title 19 (President, Vice President, or CEO) 20 1.Provide proper Evidence of 21 Authority) 22 23 24 b. The Performance Bond for Early Work Authorization shall be substantially as 25 follows: 26 27 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION 28 29 KNOW ALL PERSONS BY THESE PRESENTS: that 30 31 (NAME OF OWNER) 32 (ADDRESS OF OWNER) 33 34 (hereinafter referred to as "Owner")and 35 36 (NAME OF SURETY) 37 (ADDRESS/TELEPHONE NUMBER OF SURETY) 38 39 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 40 (hereinafter referred to as "County") in the total aggregate sum of Dollars 41 ($ ) in lawful money of the United States, for the payment of which sum well and 42 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 43 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 44 or plural, as the context requires. 45 46 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 47 approval by the Board a certain Early Work Authorization Permit No. and that 48 certain Early Work Authorization shall include specific improvements which are required by 49 Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This 50 obligation of the Surety shall commence on the date this Bond is executed and shall continue 51 until the completion of the work and approval by the County of the specific improvements 52 described in the Land Development Regulations, or until issuance of a subsequent final 16 I:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans 2 (PPL) (hereinafter the "Guaranty Period"), or until replaced by a new bond in the event of a 3 change in Ownership. 4 5 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 6 and duties in accordance with the Land Development Regulations during the guaranty period 7 established by the County, and the Owner shall satisfy all claims and demands incurred and 8 shall fully indemnify and save harmless the County from and against all costs and damages 9 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 10 County all outlay and expense which the County may incur in making good any default, then this 11 obligation shall be void, otherwise to remain in full force and effect. 12 13 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 14 agrees that no change, extension of time, alteration, addition or deletion to the proposed 15 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 16 waive notice of any such change, extension of time, alteration, addition or deletion to the 17 proposed specific improvements. 18 19 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 20 amended automatically and immediately, without formal and separate amendments hereto, so 21 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 22 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 23 whether referring to this Bond, or other documents shall include any alteration, addition or 24 modification of any character whatsoever. 25 26 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 27 to be executed this day of , 20 28 WITNESSES: (Owner Name and Title if Corporation) By: -- Printed Name Printed Name/Title ;(Provide Proper Evidence of Authority) Printed Name 29 30 ACKNOWLEDGEMENT 31 32 STATE OF 33 34 COUNTY OF 35 36 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 37 DAY OF , 20 , BY (NAME OF 38 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 39 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 40 41 Notary Public- State of 42 (SEAL) 43 44 Printed Name 45 17 1:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term WITNESSES: i(Surety Name and Title if Corporation) By: :Printed Name ;Printed Name/Title (Provide Proper Evidence of Authority) Printed Name r_ 1 2 ACKNOWLEDGMENT 3 4 STATE OF 5 6 COUNTY OF 7 8 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 9 DAY OF , 20 , BY (NAME OF 10 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 11 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 12 13 Notary Public- State of 14 (SEAL) 15 16 Printed Name 17 18 A.4. Site Development Plan Improvements 19 20 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 21 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 22 (insert issuer's identifying number) 23 24 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 25 "Issuer"). 26 27 PLACE OF EXPIRY: At Issuer's counters. 28 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 29 issue), and shall thereafter be automatically renewed for successive one-year periods on the 30 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 31 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 32 this Credit. 33 34 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 35 current business address). 36 37 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 38 "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, 39 Florida 34104. 40 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 41 42 CREDIT AVAILABLE WITH: Issuer. 43 44 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 45 Issuer. 18 l:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 2 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 3 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 4 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 5 Applicant) has failed to construct and/or maintain the improvements associated with the Site 6 Development Plan known as (insert name of Site Development Plan ), PL# 7 or prior to the date of expiry satisfactory final inspection of the 8 Site Development Plan improvements has not been performed by Collier County as required by 9 Collier County Ordinances and Resolutions, and the Applicant failed to provide the County with 10 a satisfactory alternative performance security." 11 12 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 13 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 14 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 15 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 16 following address (list Florida address). 17 18 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 19 shall not in any way be modified, amended, or amplified by reference to any document, 20 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 21 such reference shall not be deemed to incorporate herein by reference any document, 22 instrument or agreement. 23 24 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 25 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 26 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 27 Revision) International Chamber of Commerce Publication No. 600. 28 (Name of Issuer) 29 30 By: 31 32 33 Printed Name/Title 34 (President, Vice President, or CEO) 35 (Provide proper Evidence of 36 Authority) 37 38 39 b. The Performance Bond for Site Development Plans shall be substantially as 40 follows: 41 42 PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS 43 44 KNOW ALL PERSONS BY THESE PRESENTS: that 45 (NAME OF OWNER) 46 (ADDRESS OF OWNER) 47 48 (hereinafter referred to as "Owner") and 49 50 (NAME OF SURETY) 51 (ADDRESS/TELEPHONE NUMBER OF SURETY) 52 19 1:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. • Bold text indicates a defined term 1 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 2 (hereinafter referred to as "County") in the total aggregate sum of Dollars 3 ($ ) in lawful money of the United States, for the payment of which sum well and 4 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 5 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 6 or plural, as the context requires. 7 8 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received 9 approval of a certain Site Development Plan named and that certain Site 10 Development Plan includes specific improvements which are required by Collier County 11 Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of 12 the Surety shall commence on the date this Bond is executed and shall continue until the 13 completion of the work and the date of satisfactory final inspection by the County of the specific 14 improvements described in the Site Development Plan pursuant to the Land Development 15 Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a 16 change in Ownership. 17 18 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 19 and duties in accordance with the Land Development Regulations during the guaranty period 20 established by the County, and the Owner shall satisfy all claims and demands incurred and 21 shall fully indemnify and save harmless the County from and against all costs and damages 22 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 23 County all outlay and expense which the County may incur in making good any default, then this 24 obligation shall be void, otherwise to remain in full force and effect. 25 26 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 27 agrees that no change, extension of time, alteration, addition or deletion to the proposed 28 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 29 waive notice of any such change, extension of time, alteration, addition or deletion to the 30 proposed specific improvements. 31 32 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 33 amended automatically and immediately, without formal and separate amendments hereto, so 34 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 35 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 36 whether referring to this Bond, or other documents shall include any alteration, addition or 37 modification of any character whatsoever. 38 39 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 40 to be executed this day of , 20 41 WITNESSES: (Owner Name and Title if Corporation) By. Printed Namq Printed Name/Title (Provide Proper Evidence of Authority) Printed Na ". 42 43 ACKNOWLEDGEMENT 44 20 I:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Text underlined is new text to be added. Bold text indicates a defined term 1 STATE OF 2 3 COUNTY OF 4 5 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6 DAY OF , 20 , BY (NAME OF 7 ACKNOWLEDGER)AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 8 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 9 10 Notary Public- State of 11 (SEAL) 12 13 Printed Name 14 WITNESSES: (Surety Name and Title if Corporation) 113y: e jPrinted Name/Tltle :(Provide Proper Evidence of Authority) Printed Name 15 16 ACKNOWLEDGMENT 17 18 STATE OF 19 20 COUNTY OF 21 22 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 23 DAY OF , 20 , BY (NAME OF 24 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)WHO IS PERSONALLY KNOWN 25 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 26 27 Notary Public- State of 28 (SEAL) 29 30 Printed Name 31 # # # # # # # # # # # # # 21 I:\2015 LDC Amendment Cycle\Amendments\Appendix A-Standard Performance Security Doucments for Required Improvements\Appendix A-Standard Performance Security Docs 5-13-15 FOR CCPC.docx 5/14/2015 9:23:44 AM Tab 16: 4.08.07 Private Amendment Cor County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 APPLICATION FOR ADMENDMENT TO THE LAND DEVELOPMENT CODE LDC Section 10.02.09 Ch. 2 B. of the Administrative Code Town of Ave Maria SRA PROJECT NUMBER LDCA- PL20150000463 PROJECT NAME Date: 2-26-2015 DATE PROCESSED Due: 3-12-2015 APPLICANT.CONTACT INFORMATION Name of Applicant: Ave Maria Development, LLLP Firm: Coleman Yovanovich Koester, P.A. Address: 4001 Tamiami Trail North City: Naples State: Florida ZIP: 34103 Telephone: 239-435-3535 Cell: Fax: 239-435-1218 E-Mail Address: ryovanovich@cyklawfirm.com Please describe CDC amendment request on attached template SUBMITTAL REQUIREMENTS See Chapter 2 B.of the Administrative Code for submittal requirements. d Completed Application Completed LDC Amendment Request(attached) Fee Requirements: V Amendment to the LDC: $3,000.00 All checks payable to:Board of County Commissioners The completed application, all required submittal materials and the fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 10/22/2013 Page 1 of 2 Text underlined is new text to be added. Bold text indicates a defined term Land Development Code Amendment Request ORIGIN: Amendment by Ave Maria Development, LLP—Privately Initiated Text AUTHOR: Richard D. Yovanovich, Esq. DEPARTMENT: N/A AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 4.08.07 SRA Designation CHANGE: 1. 4.08.07 E.7: By adding a requirement to hold a neighborhood information meeting to establish a SRA and to Amendment the SRA document. 2. 4.08.07 F.4: Adding substantial and insubstantial amendment types;adding "Modifications to the street cross section"to the existing minor change section. 3. 4.08.07 H.2.1, 4.08.07 Jib;.b; and 4.08.07 J.1.b-Figures: Allowing for variations or deviations from the LDC to be set forth in the SRA Development Document or any amendment s thereto; adding a street cross section for(Local Street)Neighborhood General Figure 6A. 4. 4.08.07 J.2.a.xiii and 4.08.07 J.2.a.xiv:allowing for deviations from LDC section 5.05.08 —Architecture and Site Design Standards and LDC section 4.06.00—Landscaping, Buffering, and Vegetation Retention as part of the SRA Development Document or any amendment thereto 5. 4.08.07 J.8: Allowing for deviations from the LDC in the SRA document or any amendments thereto. 6. 4.08.07 L: Amending the requirements for a SRA Economic Assessment. REASON: 1. 4.08.07 E.7: During the amendment process to the Town of Ave Maris SRA development document, a voluntary NIM was held. It was determined that a requirement for a mandatory NIM should be added to the LDC to assure that a NIM would occur. 2. 4.08.07 F.4: The Ave Maria SRA was the first SRA to be processed pursuant to the LDC. We have learned that revisions to the SRA can be too burdensome based upon the scope of the change. Therefore, the proposed revisions will better define the scope of the review necessary for proposed revisions. The proposed language is modeled after the existing LDC provision applicable to PUD's. 1 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 3. 4.08.07 H.2.1; 4.08.07 J.l.b; and 4.08.07 J.l.b-Figures: The Ave Maria SRA was the first 2 SRA to be processed pursuant to the LDC. We have learned that revisions to the SRA 3 can be too burdensome based upon the scope of the change. Therefore,the proposed 4 revisions will better define the scope of the review necessary for proposed revisions and 5 are allowing for deviations to be requested as part of the SRA amendment process. The 6 proposed language is modeled after the existing LDC provision applicable to PUD's. 7 8 4. 4.08.07 J.2.a.xiii and 4.08.07 J.2.a.xiv: Currently, the LDC provides that unless a 9 deviation is requested prior to the first Development Document is submitted, a deviation 10 cannot be requested even through a SRA amendment. The need for deviations to the 11 Architectural standards, landscaping standards and street cross sections cannot always be 12 determined at the time the SRA Development Document is originally approved. We are 13 allowing for deviations to be requested as part of the SRA amendment process. 14 15 5. 4.08.07 J.8:The deleted language is confusing and does not allow for necessary 16 deviations. 17 18 6. 4.08.07 L: Staff and the BCC agree that a 5 year review is unnecessary. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS:None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 19 4.08.07-SRA Designation 20 SRA designation is intended to encourage and facilitate uses that enable economic prosperity 21 and diversification of the economic base of the RLSA District, and encourage development that 22 utilizes creative land use planning techniques and facilitates a compact form of development to 23 accommodate population growth by the establishment of SRAs. Stewardship Credits generated 24 from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on 25 a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be 26 increased beyond the Baseline Standards except through the provisions of the Stewardship 27 Credit System, the affordable housing density Bonus as referenced in the density Rating 28 System of the FLUE, and the density and intensity blending provision of the Immokalee Area 29 Master Plan. The procedures for the establishment and transfer of Credits and SRA designation 30 are set forth herein. Credits can be transferred only to lands within the RLSA District that meet 31 the defined suitability criteria and standards set forth herein. Land becomes designated as an 32 SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.07 33 D.11. Any change in the residential density or non-residential intensity of land use on a parcel 34 of land located within an SRA shall be specified in the resolution, which shall reflect the total 35 number of transferable Credits assigned to the parcel of land. 2 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned 2 lands within the RLSA District that meet the suitability criteria contained herein may be 3 designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or 4 WRA, or lands already designated as an SSA. WRAs may be located within the 5 boundaries of an SRA and may be incorporated into an SRA Master Plan to provide 6 water management functions for properties within such SRA, subject to all necessary 7 permitting requirements. 8 1. Suitability Criteria. The following suitability criteria are established to ensure 9 consistency with the Goals, Objectives, and Policies of the RLSA Overlay. 10 a. An SRA must contain sufficient suitable land to accommodate the 11 planned development. 12 b. Residential, commercial, manufacturing/light industrial, group housing, 13 and transient housing, institutional, civic and community service uses 14 within an SRA shall not be sited on lands that receive a Natural Resource 15 Index value of greater than 1.2. 16 c. Conditional use essential services and governmental essential 17 services, with the exception of those necessary to serve permitted uses 18 and for public safety, shall not be sited on land that receives a Natural 19 Resource Index value of greater than 1.2, regardless of the size of the 20 land or parcel. 21 d. Lands or parcels that are greater than one acre and have an Index Value 22 greater than 1.2 shall be retained as open space and maintained in a 23 predominantly natural vegetated state. 24 e. Open space shall also comprise a minimum of thirty-five percent of the 25 gross acreage of an individual SRA Town, Village, or those CRDs 26 exceeding 100 acres. Gross acreage includes only that area of 27 development within the SRA that requires the consumption of 28 Stewardship Credits. 29 f. As an incentive to encourage open space, open space on lands within 30 an SRA located outside of the ACSC that exceeds the required thirty-five 31 percent retained open space shall not be required to consume 32 Stewardship Credits. 33 g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into 34 such areas, and shall buffer such areas as described in Section 4.08.07 35 J.6. An SRA may be contiguous to, or encompass a WRA. 36 h. The SRA must have either direct access to a County collector or arterial 37 road or indirect access via a road provided by the developer that has 38 adequate capacity to accommodate the proposed development in 39 accordance with accepted transportation planning standards. 40 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to 41 limitations on the number, size, location, and form of SRA described herein. 42 Nothing within this Section shall be construed as an exemption of an SRA from 43 any and all limitations and regulations applicable to lands within the ACSC. 44 Lands within the ACSC that meet all SRA suitability criteria shall also be 45 restricted such that credits used to entitle an SRA in the ACSC must be 46 generated exclusively from SSAs within the ACSC. No early entry bonus credits 47 can be used to entitle an SRA within the ACSC. 48 a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee 49 Slough shall be Hamlets and CRDs of 100 acres or less and the only 50 forms of SRA allowed in the ACSC west of the Okaloacoochee Slough 51 shall be Villages and CRDs of not more than 300 acres and Hamlets. 52 Provided, however, two SRAs, consisting of any combination of Villages 3 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 or CRDs of not more than 500 acres each, exclusive of any lakes created 2 prior to the effective date of this amendment as a result of mining 3 operations, shall be allowed in areas that have a frontage on State Road 4 29 and that, as of the effective date of the RLSA Overlay, had been 5 predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining 6 or Processing Uses (Layer 3). 7 b. The Town form of an SRA shall not be located within the ACSC. 8 B. Establishment and Transfer of Stewardship Credits. The procedures for the 9 establishment and transfer of Credits and SRA designation are set forth herein. 10 Stewardship Credits will be exchanged for additional residential or non-residential 11 entitlements in an SRA on a per acre basis, as described in Section 4.08.07 B.2. 12 Stewardship density and intensity will thereafter differ from the Baseline Standards. 13 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a 14 manner as provided for herein. 15 a. Stewardship Credits generated from any SSA may be transferred to 16 entitle any SRA, except where the SRA is within the ACSC, in which case 17 only Stewardship Credits that have been generated from an SSA within 18 the ACSC can be used to entitle such SRA. No early entry bonus credits 19 can be used to entitle an SRA within the ACSC. 20 b. Credits can be transferred only to lands within the RLSA that meet the 21 defined suitability criteria and standards set forth herein. 22 c. Stewardship Credits may be transferred between different parcels or 23 within a single parcel, subject to compliance with all applicable provisions 24 of these policies. Residential clustering shall only occur within the RLSA 25 District through the use of the Stewardship Credit System, and other 26 forms of residential clustering shall not be permitted. 27 d. Stewardship Credits may be acquired from any credit holder and 28 transferred to an SRA subject to the limitations contained in this Section. 29 e. Stewardship Credits may be acquired from a Stewardship Credit Trust 30 established pursuant to Section 4.08.04 B., and transferred to an SRA 31 subject to the limitations contained in this Section. 32 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for 33 additional residential or non-residential entitlements in an SRA on a per acre 34 basis at a rate of eight(8) Stewardship Credits per gross acre. Lands within an 35 SRA greater than one acre, with Index Values of greater than 1.2, shall be 36 retained as open space and maintained in a predominantly natural, vegetated 37 state. Any such lands within an SRA located outside of the ACSC exceeding the 38 required thirty-five (35) percent shall not be required to consume Stewardship 39 Credits. 40 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use 41 shall not be required to consume Stewardship Credits and shall not count toward 42 the maximum acreage limits of an SRA. For the purpose of this Section, public 43 benefit uses are limited to public schools(preK-12) and public or private post 44 secondary institutions, Post Secondary Institution Ancillary Uses, community 45 parks exceeding the minimum requirement of 200 square feet per dwelling unit, 46 municipal golf courses, regional parks, and governmental facilities excluding 47 essential services as defined in the LDC. 48 4. Mixed Land Use Entitlements. In order to promote compact, mixed use 49 development and provide the necessary support facilities and services to 50 residents of rural areas, the SRA designation and the transfer of the Stewardship 51 Credits allows for a full range of uses, accessory uses and associated uses that 52 provide a mix of services to and are supportive to the residential population of an 4 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 SRA and the RLSA District. SRAs are intended to be mixed use and shall be 2 allowed the full range of uses permitted by the Urban Designation of the FLUE, 3 as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay 4 Attachment C. Depending on the size, scale, and character of an SRA, it shall be 5 designed to include an appropriate mix of retail, office, recreational, civic, 6 governmental, and institutional uses, in addition to residential uses. 7 C. Forms of SRA developments. SRA developments are a compact form of 8 development, which accommodate and promote uses that utilize creative land use 9 planning techniques. SRAs shall be used to facilitate the implementation of innovative 10 planning and flexible development strategies described in § 163.3177 (11), F.S. and 11 Rule 9J-5.006(5)(1), F.A.C. These planning strategies and techniques are intended to 12 minimize the conversion of rural and agricultural lands to other uses while discouraging 13 urban sprawl, protecting environmentally sensitive areas, maintaining the economic 14 viability of agricultural and other predominantly rural land uses, and, providing for the 15 cost-efficient delivery of public facilities and services. Only the following four specific 16 forms of rural development in SRAs are permitted within the RLSA District. 17 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of 18 housing types and mix of uses. Towns have urban level services and 19 infrastructure which support development that is compact, mixed use, human 20 scale, and provides a balance of land uses to reduce automobile trips and 21 increase livability. Towns shall be not less than 1,000 acres or more than 4,000 22 acres and are comprised of several villages and/or neighborhoods that have 23 individual identity and character. Towns shall have a mixed-use town center that 24 will serve as a focal point for community facilities and support services. Towns 25 shall be designed to encourage pedestrian and bicycle circulation by including an 26 interconnected sidewalk and pathway system serving all residential 27 neighborhoods. Towns shall have at least one community park with a minimum 28 size of 200 square feet per dwelling unit in the Town. Towns shall also have 29 parks or public green spaces within neighborhoods. Towns shall include both 30 community and neighborhood scaled retail and office uses, in a ratio as provided 31 in Section 4.08.07 J.1. Towns may also include those compatible corporate office 32 and light industrial uses as those permitted in the Business Park and Research 33 and Technology Park Subdistricts of the FLUE. Towns shall be the preferred 34 location for the full range of schools, and to the extent possible, schools and 35 parks shall be located adjacent to each other to allow for the sharing of 36 recreational facilities. Towns shall not be located within the ACSC. 37 2. Villages. Villages are primarily residential communities with a diversity of housing 38 types and mix of uses appropriate to the scale and character of the particular 39 village. Villages shall be not less than 100 acres or more than 1,000 acres. 40 Villages are comprised of residential neighborhoods and shall include a mixed- 41 use village center to serve as the focal point for the community's support 42 services and facilities. Villages shall be designed to encourage pedestrian and 43 bicycle circulation by including an interconnected sidewalk and pathway system 44 serving all residential neighborhoods. Villages shall have parks or public green 45 spaces within neighborhoods. Villages shall include neighborhood scaled retail 46 and office uses, in a ratio as provided in Section 4.08.07 J.1. Villages are an 47 appropriate location for a full range of schools. To the extent possible, schools 48 and parks shall be located adjacent to each other to allow for the sharing of 49 recreational facilities. The Village form of rural land development is permitted 50 within the ACSC subject to the limitations of Section 4.08.07 A.2. 51 3. Hamlets. Hamlets are small rural residential areas with primarily single-family 52 housing and limited range of convenience-oriented services. Hamlets shall be not 5 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 less than 40 or more than 100 acres. Hamlets will serve as a more compact 2 alternative to traditional five-acre lot rural subsections currently allowed in the 3 Baseline Standards. Hamlets shall have a public green space for neighborhoods. 4 Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.07 5 J.1. Hamlets may be an appropriate location for pre-K through elementary 6 schools. The Hamlet form of rural land development is permitted within the 7 ACSC subject to the limitations of Section 4.08.07 A.2. 8 4. Compact Rural developments (CRDs). Compact Rural development(CRD) is a 9 form of SRA that will provide flexibility with respect to the mix of uses and design 10 standards, but shall otherwise comply with the standards of a Hamlet or Village. 11 A CRD may include, but is not required to have permanent residential housing 12 and the services and facilities that support permanent residents. Except as 13 described above, a CRD will conform to the characteristics of a Village or Hamlet 14 as set forth in Section 4.08.07 J.1. based on the size of the CRD. As residential 15 units are not a required use, those goods and services that support residents 16 such as retail, office, civic, governmental and institutional uses shall also not be 17 required. However for any CRD that does include permanent residential housing, 18 the proportionate support services listed above shall be provided in accordance 19 with the standards for the most comparable form of SRA as described in Section 20 4.08.07 C.2. or 3. 21 a. Size of CRDs limited. There shall be no more than five (5) CRDs of more 22 than 100 acres in size. 23 b. CRDs within the ACSC. The CRD form of rural land development is 24 permitted within the ACSC subject to the limitations of Section 4.08.07 25 A.2. 26 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the 27 correct proportion of Hamlets and CRDs of 100 acres or less to the number of 28 Villages and Towns approved as SRAs, not more than five (5) of any 29 combination of Hamlets and CRDs of 100 acres or less may be approved prior to 30 the approval of a Village or Town. In order to maintain that same proportion 31 thereafter, not more than five (5) of any combination of Hamlets and CRDs of 32 100 acres or less may approved for each subsequent Village or Town approved. 33 6. SRAs as Part of a development of Regional Impact(DRI). SRAs are permitted 34 as part of a DRI subject to the provisions of§ 380.06, F.S. and the RLSA District 35 Regulations. 36 a. An SRA Designation Application may be submitted simultaneously with a 37 Preliminary development agreement application that occurs prior to a 38 DRI Application for development Approval (ADA). In such an application, 39 the form of SRA development shall be determined by the characteristics 40 of the DRI project, as described in the ADA. 41 b. The DRI may encompass more than a single SRA Designation 42 Application. It is the intent of this Section to allow for the future 43 designations of SRAs within a DRI as demonstrated by the DRI phasing 44 schedule. 45 c. A DRI applicant is required to demonstrate that: 46 (1) The applicant has the necessary Stewardship Credits to entitle 47 the DRI as part of subsequent SRA Designation Applications, or 48 (2) The applicant owns or has a contract with an owner of enough 49 land that would qualify as SSAs to entitle the DRI as part of 50 subsequent SRA Designation Applications, or has the ability to 51 obtain the necessary Stewardship Credits to entitle the entire DRI 52 as part of subsequent SRA Designation Applications. 6 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term I D. SRA Designation Application Package. A Designation Application Package to support a 2 request to designate land(s)within the RLSA District as an SRA shall be made pursuant 3 to the regulations of the RLSA District Regulations. The SRA Application Package shall 4 include the following: 5 1. SRA Designation Application. An application shall be submitted by a landowner 6 or his/her agent, hereafter"applicant,"to request the designation of an SRA 7 within the LSA District. The Application shall be submitted to the County manager 8 or his designee, on a form provided. The application shall be accompanied by the 9 documentation as required by this Section. 10 2. Application Fee. An application fee shall accompany the application. 11 3. Natural Resource Index Assessment. An assessment that documents the Natural 12 Resource Index Value scores shall be prepared and submitted as part of the 13 SRA Application. The Assessment shall include an analysis that quantifies the 14 number of acres by Index Values. The Assessment shall: 15 a. Identify all lands within the proposed SRA that have an Index Value 16 greater than 1.2; 17 b. Verify that the Index Value scores assigned during the RLSA Study are 18 still valid through recent aerial photography or satellite imagery or 19 agency-approved mapping, or other documentation, as verified by field 20 inspections. 21 c. If the Index Value scores assigned during the RLSA Study are no longer 22 valid, document the current Index Value of the land. 23 d. Quantify the acreage of agricultural lands, by type, being converted; 24 e. Quantify the acreage of non-agricultural acreage, by type, being 25 converted; 26 f. Quantify the acreage of all lands by type within the proposed SRA that 27 have an Index Value greater than 1.2; 28 g. Quantify the acreage of all lands, by type, being designated as SRA 29 within the ACSC, if any; and 30 h. Demonstrate compliance with the Suitability Criteria contained in Section 31 4.08.07 A.1. 32 4. Natural Resource Index Assessment Support Documentation. Documentation to 33 support the Natural Resource Index Assessment shall be provided for each SRA 34 being designated to include: 35 a. Legal Description, including sketch or survey; 36 b. Acreage calculations of lands being put into the SRA, including acreage 37 calculations of WRAs(if any)within SRA boundary but not included in 38 SRA designation; 39 c. RLSA Overlay Map delineating the area of the RLSA District being 40 designated as an SRA; 41 d. Aerial photograph delineating the area being designated as an SRA; 42 e. Natural Resource Index Map of area being designated as an SRA; 43 f. FLUCFCS map(s) delineating the area being designated as an SRA; 44 g. Listed species map(s) delineating the area being designated as an SRA; 45 h. Soils map(s) delineating the area being designated as an SRA, and; 46 i. Documentation to support a change in the related Natural Resource Index 47 Value(s), if appropriate. 48 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the 49 applicant as part of the SRA Application for Designation of an SRA. The SRA 50 Master Plan shall be consistent with the requirements of Section 4.08.07 G. 51 6. SRA Development Document. A Development Document shall be prepared 52 and submitted by the applicant as part of the SRA Application for Designation of 7 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 an SRA. The SRA Development Document shall be consistent with the 2 requirements of Section 4.08.07 H. 3 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report 4 shall be prepared and submitted by the applicant as part of the SRA Application 5 for Designation a of SRA. The SRA Impact Assessment Report shall address the 6 requirements of Section 4.08.07 K. 7 8. SRA Economic Assessment Report. An Economic Assessment Report shall be 8 prepared and submitted by the applicant as part of the SRA Application for 9 Designation of an SRA. The SRA Economic Assessment Report shall address 10 the requirements of Section 4.08.07 L. 11 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and 12 Reconciliation Application shall be submitted as part of an SRA Designation 13 Application in order to track the transfer of credits from SSA(s) to SRA(s). The 14 Stewardship Credit Use and Reconciliation Application shall be in a form 15 provided by the County Manager, or his designee. The application package shall 16 contain the following: 17 a. The legal description of, or descriptive reference to, the SRA to which the 18 Stewardship Credits are being transferred; 19 b. Total number of acres within the proposed SRA and the total number of 20 acres of the proposed SRA within the ACSC (if any); 21 c. Number of acres within the SRA designated "public use" that do not 22 require the redemption of Stewardship Credits in order to be entitled 23 (does not consume credits); 24 d. Number of acres of"excess" open spaces within the SRA that do not 25 require the consumption of credits; 26 e. Number of acres of WRAs inside the SRA boundary but not included in 27 the SRA designation; 28 f. Number of acres within the SRA that consume Credits ; 29 g. The number of Stewardship Credits being transferred (consumed by)to 30 the SRA and documentation that the applicant has acquired or has a 31 contractual right to acquire those Stewardship Credits; 32 h. Number of acres to which credits are to be transferred (consumed) 33 multiplied by eight(8) Credits/acre equals the number of Credits to be 34 transferred (consumed); 35 i. A descriptive reference to one (1) or more approved or pending SSA 36 Designation Applications from which the Stewardship Credits are being 37 obtained. Copies of the reference documents, e.g., SSA Stewardship 38 Credit Agreement, etc., shall be provided, including: 39 (1) SSA application number; 40 (2) Pending companion SRA application number; 41 (3) SSA Designation Resolution (or Resolution Number); 42 (4) SSA Credit Agreement(Stewardship Agreement); 43 (5) Stewardship Credits Database Report. 44 j. A descriptive reference to any previously approved Stewardship Credit 45 Use and Reconciliation Applications that pertain to the referenced SSA(s) 46 from which the Stewardship Credits are being obtained; and 47 k. A summary table in a form provided by Collier County that identifies the 48 exchange of all Stewardship Credits that involve the SRA and all of the 49 associated SSAs from which the Stewardship Credits are being obtained. 50 10. Conditional SRA Designation. If at the time of the approval of the SRA 51 Designation Application, the applicant has not acquired the number of credits 52 needed to entitle the SRA, then the SRA Designation approval shall be 8 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 conditional. The applicant shall have sixty (60) days from the date of the 2 conditional approval to provide documentation of the acquisition of the required 3 number of Stewardship Credits. If the applicant does not provide such 4 documentation within sixty(60) days, the conditional SRA Designation approval 5 shall be null and void. The Stewardship Credit Use and Reconciliation 6 Application shall be amended to accurately reflect the transfer of credits that 7 occurred following the conditional approval of the SRA. 8 11. SRA Credit Agreement. 9 a. Any applicant for designation of an SRA shall enter into an SRA Credit 10 Agreement with the County. 11 b. The SRA Credit Agreement shall contain the following information: 12 (1) The number of SSA credits the applicant for an SRA designation 13 is utilizing and which shall be applied to the SRA land in order to 14 carry out the plan of development on the acreage proposed in the 15 SRA development Documents. 16 (2) A legal description of the SRA land and the number of acres; 17 (3) The SRA master plan depicting the land uses and identifying the 18 number of residential dwelling units, gross leaseable area of 19 retail and office square footage and other land uses depicted on 20 the master plan; 21 (4) A description of the SSA credits that are needed to entitle the SRA 22 land and the anticipated source of said credits; 23 (5) The applicant's acknowledgement that development of SRA 24 land may not commence until the applicant has recorded an SRA 25 Credit Agreement Memorandum with the Collier County Clerk of 26 Courts; and 27 (6) The applicant's commitments, if any, regarding conservation, or 28 any other restriction on development on any lands, including 29 wetlands, within the SRA, as may be depicted on the SRA Master 30 Plan for special treatment. 31 c. The SRA Credit Agreement shall be effective on the latest of the following 32 dates: 33 (1) The date that the County approves the SRA Application; 34 (2) The date that documentation of the applicant's acquisition of the 35 Stewardship Credits to be utilized for the SRA is found by the 36 County to be sufficient; or 37 (3) Five (5)working days after the date on which the applicant 38 submits documentation of the acquisition of the Stewardship 39 Credits to be utilized, if the County fails to make a sufficiency 40 determination prior to that date. 41 d. Following approval of the SRA Application, the applicant shall record a 42 SRA Credit Agreement Memorandum, which shall include the following: 43 (1) A cross reference to the recorded SSA Credit Agreement 44 Memorandum or Memoranda for the SSA lands from which the 45 credits being utilized are generated and identification of the 46 number of credits derived from each SSA; and 47 (2) a legal description of the SRA lands. 48 e. If the development provided for within an SRA constitutes, or will 49 constitute, a development of regional impact("DRI") pursuant to § 50 380.06 and 380.0651, F.S., and if the applicant has obtained a 51 preliminary development agreement("PDA")from the Florida 52 Department of Community Affairs for a portion of the SRA land, the 9 I.\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/201512:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 applicant may request the County to enter into a Preliminary SRA Credit 2 Agreement for those Stewardship Credits needed in order to develop the 3 PDA authorized development. Commencement of the PDA authorized 4 development may not proceed until the applicant has recorded a 5 Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA 6 Credit Agreement and Preliminary SRA Credit Agreement shall include 7 the same information and documentation as is required for an SRA Credit 8 Agreement and an SRA Credit Agreement Memorandum. 9 E. SRA Application Review Process. 10 1. Pre-Application Conference with County Staff: Prior to the submission of a formal 11 application for SRA designation, the applicant shall attend a pre-application 12 conference with the County Manager or his designee and other county staff, 13 agencies, and officials involved in the review and processing of such applications 14 and related materials. If an SRA designation application will be filed concurrent 15 with an SSA application, only one pre-application conference shall be required. 16 This pre-application conference should address, but not be limited to, such 17 matters as: 18 a. Conformity of the proposed SRA with the goals, objectives, and policies 19 of the GMP; 20 b. Consideration of suitability criteria described in Section 4.08.07 A.1. and 21 other standards of this Section; 22 c. SRA master plan compliance with all applicable policies of the RLSA 23 District Regulations, and demonstration that incompatible land uses are 24 directed away from FSAs, HSAs, WRAs, and Conservation Lands; 25 d. Assurance that applicant has acquired or will acquire sufficient 26 Stewardship Credits to implement the SRA uses, and; 27 e. Consideration of impacts, including environmental and public 28 infrastructure impacts. 29 2. Application Package Submittal and Processing Fees. The required number of 30 SRA Applications and the associated processing fee shall be submitted to the 31 County Manager or his designee. The contents of said application package shall 32 be in accordance with Section 4.08.07 D. 33 3. Application Deemed Sufficient for Review. Within thirty(30) days of receipt of the 34 SRA Application, the County manager or his designee shall notify the applicant 35 in writing that the application is deemed sufficient for agency review or advise 36 what additional information is needed to find the application sufficient. If required, 37 the applicant shall submit additional information. Within twenty (20) days of 38 receipt of the additional information, the County Manager or his designee shall 39 notify the applicant in writing that the application is deemed sufficient, or, what 40 additional or revised information is required. If necessary, the County Manager 41 shall again inform the applicant in writing of information needed, and the 42 timeframe outlined herein shall occur until the application is found sufficient for 43 review. 44 4. Review by County Reviewing Agencies: Once the SRA application is deemed 45 sufficient, the County Manager or his designee will distribute it to specific County 46 review staff. 47 5. Staff Review. Within sixty(60) days of receipt of a sufficient application, County 48 staff shall review the submittal documents and provide comments, questions, and 49 clarification items to the applicant. If deemed necessary by County staff or the 50 applicant, a meeting shall be held to address outstanding issues and confirm 51 public hearing dates. 10 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, 2 County staff shall prepare a written report containing their review findings and a 3 recommendation of approval, approval with conditions or denial. This timeframe 4 may be extended upon agreement of County staff and the applicant. 5 7. Prior to the first required public hearing, the applicant shall hold a NIM pursuant 6 to LDC section 10.03.06 M. 7 F. SRA Application Approval Process. 8 1. Public Hearings Required. The BCC shall review the staff report and 9 recommendations and the recommendations of the EAC and CCPC, and the 10 BCC shall, by resolution, approve, deny, or approve with conditions the SRA 11 Application only after advertised public notices have been provided and public 12 hearings held in accordance with the following provisions: 13 a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC 14 shall hold one (1) public hearing on a proposed resolution to designate an 15 SRA if such SRA is within the ACSC, or is adjoining land designated as 16 Conservation, FSA, or HSA. 17 b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC 18 shall hold one (1) advertised public hearing on the proposed resolution to 19 designate an SRA. A notice of the public hearing before the CCPC on the 20 proposed resolution shall include a general description and a map or 21 sketch and shall be published in a newspaper of general circulation in the 22 County at least ten (10) days in advance of the public hearing. 23 c. Public Hearing Before the BCC, Resolution Approved. The BCC shall 24 hold one (1) advertised public hearing on the proposed resolution to 25 designate an SRA. A public notice, which shall include a general 26 description and a map or sketch, shall be given to the citizens of Collier 27 County by publication in a newspaper of general circulation in the County 28 at least ten(10) days prior to the hearing of the BCC. The advertised 29 public notice of the proposed adoption of the resolution shall, in addition, 30 contain the date, time and place of the hearing, the title of the proposed 31 resolution and the place within the County where such proposed 32 resolution may be inspected by the public. The notice shall also advise 33 that interested parties may appear at the hearing and be heard with 34 respect to the proposed resolution. 35 2. Update Stewardship Credits Database. Following the effective date of the 36 approval of the SRA, the County shall update the Stewardship Credits Database 37 used to track both SSA credits generated and SRA credits consumed. 38 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the 39 effective date of the approval of the SRA, the County shall update the Official 40 Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be 41 included on the updated maps so as to direct interested parties to the appropriate 42 public records associated with the designation, e.g., Resolution number, SRA 43 Designation Application number, etc. The RLSA Overlay Map shall be updated to 44 reflect the SRA designation during a regular GMP amendment cycle, no later 45 than twelve months from the effective date of the SRA Credit Agreement. 46 4. SRA Amendments. Amendments to the SRA shall be considered in the same 47 manner as described in this Section for the establishment of an SRA, except as 48 follows. 49 a. Waiver of Required SRA Application Package Component(s). A waiver 50 may be granted by the County Manager or his designee, if at the time of 51 the pre-application conference, in the determination of the County 52 Manager or designee, the original SRA Designation Application 11 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 component(s) is (are) not materially altered by the amendment or an 2 updated component is not needed to evaluate the amendment. The 3 County Manager or designee shall determine what application 4 components and associated documentation are required in order to 5 adequately evaluate the amendment request. 6 b. Substantial changes. Any substantial change(s)to an SRA Master Plan 7 or Development Document shall require the review and recommendation 8 of the Planning Commission and approval by the Board of County 9 Commissioners as a SRA amendment prior to implementation. 10 Applicants shall be required to submit and process a new application 11 complete with pertinent supporting data, as set forth in the Administrative 12 Code. For the purpose of this section, a substantial change shall be 13 deemed to exist where: 14 (1) A proposed change in the boundary of the SRA; 15 (2) A proposed increase in the total number of dwelling units or 16 intensity of land use or height of buildings within the 17 development; 18 (3) A proposed decrease in preservation, conservation, recreation or 19 open space areas within the development not to exceed 5 20 percent of the total acreage previously designated as such 21 (4) A proposed increase in the size of areas used for nonresidential 22 uses, to include institutional, commercial and industrial land uses 23 (excluding preservation, conservation nor open spaces), or a 24 proposed relocation of nonresidential land uses; 25 (5) A substantial increase in the impacts of the development which 26 may include, but are not limited to, increases in traffic generation; 27 changes in traffic circulation; or impacts on other public facilities; 28 (6) A change that will result in land use activities that generate a 29 higher level of vehicular traffic based upon the Trip Generation 30 Manual published by the Institute of Transportation Engineers: 31 (7) A change that will result in a requirement for increased stormwater 32 retention, or will otherwise increase stormwater discharges; 33 (8) A change that will bring about a relationship to an abutting land 34 use that would be incompatible with an adjacent land use; 35 (9) Any modification to the SRA master plan or SRA document which 36 is inconsistent with the Future Land Use Element or other element 37 of the Growth Management Plan or which modification would 38 increase the density or intensity of the permitted land uses; 39 (10) Any modification in the SRA master plan or SRA document which 40 impact(s)any consideration deemed to be a substantial 41 modification as described under this LDC Section 4.08.07. 42 c. Insubstantial change determination. An insubstantial change includes 43 any change that is not considered a substantial or minor change. An 44 insubstantial change to an approved SRA Development Document or 45 master plan shall be based upon an evaluation of LDC subsection 46 4.08.07 F.4.C. and shall require the review and approval of the Hearing 47 Examiner. The approval shall be based on the findings and criteria used 48 for the original application and be an action taken at a regularly scheduled 49 meeting. 50 (1) The applicant shall provide the Planning and Zoning Department 51 Director documentation which adequately describes the proposed 52 changes as described in the Administrative Code. 12 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 dd. Approval of Minor Changes by County Manager or Designee. County 2 Manager shall be authorized to approve minor changes and refinements 3 to an SRA Master Plan or dDevelopment Document upon written request 4 of the applicant. Minor changes and refinements shall be reviewed by 5 appropriate County staff to ensure that said changes and refinements are 6 otherwise in compliance with all applicable County ordinances and 7 regulations prior to the County Manager or designee's consideration for 8 approval. The following limitations shall apply to such requests: 9 (1) The minor change or refinement shall be consistent with the RLSA 10 Overlay, the RLSA District Regulations, and the SRA 11 development Document's amendment provisions. 12 (2) The minor change or refinement shall be compatible with 13 contiguous land uses and shall not create detrimental impacts to 14 abutting land uses, water management facilities, and 15 conservation areas within or external to the SRA. 16 (3) Minor changes or refinements, include but are not limited to: 17 (a) Reconfiguration of lakes, ponds, canals, or other water 18 management facilities where such changes are consistent 19 with the criteria of the SFWMD and Collier County; 20 (b) Internal realignment of rights-of-way, other than a 21 relocation of access points to the SRA itself, where water 22 management facilities, preservation areas, or required 23 easements are not adversely affected;and 24 (c) Reconfiguration of parcels when there is no encroachment 25 into the conservation areas or lands with an Index Value of 26 1.2 or higher;;and 27 (d) Modifications to the street cross sections, pursuant to LDC 28 section 6.06.01 N and 10.02.04 A.S. 29 s(e). Relationship to Subdivision or site Development 30 Approval. Approval by the County Manager or designee of 31 a minor change or refinement may occur independently 32 from, and prior to, any application for subdivision or Site 33 dDevelopment Document plan approval. However, such 34 approval shall not constitute an authorization for 35 development or implementation of the minor change or 36 refinement without first obtaining all other necessary 37 County permits and approvals. 38 39 H. Development Document. Data supporting the SRA Master Plan, and describing the 40 SRA application, shall be in the form of a dDevelopment Document that shall consist of 41 the information listed below, unless determined at the required pre-application 42 conference to be unnecessary to describe the development strategy. 43 1. The document shall be prepared by an urban planner who possesses an AICP 44 certification, together with at least one of the following: 45 a. A professional engineer(P.E.)with expertise in the area of civil 46 engineering licensed by the State of Florida; 47 b. A qualified environmental consultant per Chapter 10 of the LDC or 48 c. A practicing landscape architect licensed by the State of Florida. 49 2. The document shall identify, locate and quantify the full range of uses, including 50 accessory uses that provide the mix of services to, and are supportive of, the 51 residential population of an SRA or the RSLA District, and shall include, as 52 applicable, the following: 13 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. Title page to include name of project; 2 b. Index/table of contents; 3 c. List of exhibits; 4 d. Statement of compliance with the RSLA Overlay and the RLSA District 5 Regulations; 6 e. General location map showing the location of the site within the 7 boundaries of the RLSA Overlay Map and in relation to other designated 8 SRAs and such external facilities as highways; 9 f. Property ownership and general description of site (including statement of 10 unified ownership); 11 g. Description of project development; 12 h. Legal description of the SRA boundary, and for any WRAs encompassed 13 by the SRA; 14 i. The overall acreage of the SRA that requires the consumption of 15 Stewardship Credits and proposed gross density for the SRA; 16 j. Identification of all proposed land uses within each tract or increment 17 describing: acreage; proposed number of dwelling units; proposed 18 density and percentage of the total development represented by each 19 type of use; or in the case of commercial, industrial, institutional or office, 20 the acreage and maximum gross leasable floor area within the individual 21 tracts or increments; 22 k. Design standards for each type of land use proposed within the SRA. 23 Design standards shall be consistent with the Design Criteria contained in 24 Section 4.08.07 J.; 25 I. The Development Document, including any amendments, may request 26 variations or deviations from the LDC. The Development Document 27 application shall identify all proposed variations or deviations and include 28 Justification and any proposed alternatives. Please see LDC section 29 4.08.07 J.8 for the deviation requirements and criteria. AII--proposed 30 31 - - - - - - -- - --- - , 32 m. The proposed schedule of development, and the sequence of phasing or 33 incremental development within the SRA, if applicable; 34 n. A Natural Resource Index Assessment as required in Section 4.08.04 35 C.3.; 36 o. The location and nature of all existing or proposed public facilities (or 37 sites), such as schools, parks, fire stations and the like; 38 p. A plan for the provision of all needed utilities to and within the SRA; 39 including (as appropriate) water supply, sanitary sewer collection and 40 treatment system, stormwater collection and management system, 41 pursuant to related county regulations and ordinances; 42 q. Typical cross sections for all arterial, collector, and local streets, public 43 or private, within the proposed SRA; 44 r. Agreements, provisions, or covenants, which govern the use, 45 maintenance, and continued protection of the SRA and any of its common 46 areas or facilities; 47 s. Development commitments for all infrastructure; 48 t. When determined necessary to adequately assess the 49 compatabilitycompatibility of proposed uses within the SRA to existing 50 land uses, their relationship to agriculture uses, open space, recreation 51 facilities, or to assess requests for deviations from the Design Criteria 52 standards, the County Manager or his designee may request schematic 14 l:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 architectural drawings (floor plans, elevations, perspectives) for all 2 proposed structures and improvements, as appropriate; 3 u. Development Document amendment provisions; and, 4 v. Documentation or attestation of professional credentials of individuals 5 preparing the development document. 6 I. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA 7 Designation Application. The DRI master plan shall identify the location of the SRA being 8 designated, and any previously designated SRAs within the DRI. 9 J. Design Criteria. Criteria are hereby established to guide the design and development of 10 SRAs to include innovative planning and development strategies as set forth in §§ 11 163.3177 (11), F.S. and Chapter 9J-5.006(5)(l), F.A.C.. The size and base density of 12 each form of SRA shall be consistent with the standards set forth below. The maximum 13 base residential density as specified herein for each form of SRA may only be 14 exceeded through the density blending process as set forth in density and intensity 15 blending provision of the Immokalee Area Master Plan or through the affordable housing 16 density Bonus as referenced in the density Rating System of the FLUE. The base 17 residential density is calculated by dividing the total number of residential units in an 18 SRA by the acreage therein that is entitled through Stewardship Credits. The base 19 residential density does not restrict net residential density of parcels within an SRA. 20 The location, size and density of each SRA will be determined on an individual basis, 21 subject to the regulations below, during the SRA designation review and approval 22 process. 23 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA 24 District have been established in the Goals Objectives and Policies of the RLSA 25 Overlay. All SRAs designated pursuant to this Section shall be consistent with 26 the characteristics identified on the Collier County RLSA Overlay SRA 27 Characteristics Chart and the design criteria set forth in 2. through 6. below. 28 a. SRA Characteristics Chart 29 * (SRA Chart Omitted —See LDC Amendment 4.08.07- Characteristics Chart) * 30 b. Streets within SRAs shall be designed in accord with the cross-sections 31 set forth in Figures 1-18 below, as more specifically provided in J.2 32 through J.S. Alternatively, Collier County Transportation Services may 33 approve additional cross-sections as needed to meet the design 34 objectives. Deviations from the cross sections set forth in Fiqures 1-18 35 may be requested in the SRA Development Document or an amendment 36 to the SRA Development Document. Please see LDC section 4.08.07 37 J.8 for the deviation requirements and criteria. 38 (1) Figure 1: Town Core/Center. 39 (See Attachment 1: Figures 1 — 18. —"(Local Street) Neighborhood General Figure 6A" is being 40 added. Attachment 1 will be included in the document for CCPC and BCC review) 41 2. Town Design Criteria. 42 a. General design criteria. 43 i. Shall be compact, pedestrian-friendly and mixed-use; 44 ii. Shall create an interconnected street system designed to 45 disperse and reduce the length of automobile trips; 46 iii. Shall offer a range of housing types and price levels to 47 accommodate diverse ages and incomes; Accessory dwelling 48 unit shall not count towards the total approved number of units, 49 provided that the total number of units does not exceed the 50 maximum density allowed by the GMP. 51 iv. Shall include school sites that are sized and located to enable 52 children to walk or bicycle to them; 15 l:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 v. Shall provide a range of open spaces including neighborhood 2 and community parks, squares and playgrounds distributed 3 throughout the community; 4 vi. Shall include both community and neighborhood scaled retail and 5 office uses; 6 vii. Shall have urban level services and infrastructure which supports 7 development that is compact, including water management 8 facilities and related structures, lakes, community and 9 neighborhood parks, trails, temporary construction, sales and 10 administrative offices for authorized contractors and consultants, 11 landscape and hardscape features, fill storage, and site filling and 12 grading, which are allowed uses throughout the community. 13 viii. Shall be designed in a progressive rural to urban continuum with 14 the greatest density, intensity and diversity occurring within the 15 Town Core, to the least density, intensity and diversity occurring 16 within the Neighborhood Edge; 17 ix. Shall provide sufficient transition to the adjoining use, such as 18 active agriculture, pasture, rural roadway, etc., and Gempatability 19 compatibility through the use of buffering, open space, land 20 use, or other means; 21 x. Shall include a minimum of three Context Zones: Town Core, 22 Town Center and Neighborhood General, each of which shall 23 blend into the other without the requirements of buffers; 24 xi. May include the Context Zone of Neighborhood Edge; and 25 xii. Shall allow signs typically permitted in support of residential uses 26 including for sale, for rent, model home, and temporary 27 construction signs. Specific design and development standards 28 shall be set forth in the SRA document for such signs permitted in 29 residential areas or in conjunction with residential uses. 30 xiii. To the extent that section 5.05.08 is applicable within the Urban 31 designated area, SRA Architectural Design Standards shall 32 comply with the provisions of section 5.05.08, unless additional or 33 different design standards that deviate from section 5.05.08, in 34 whole or part, are submitted to the County as part of the SRA 14o 35 later than when the first SRA Site dDevelopment document 36 plan or any amendment to the SRA development document. -is 37 . Please see LDC section 4.08.07 J.8 for 38 the deviation requirements and criteria. 39 xiv. To the extent that section 4.06.00 is applicable within the Urban 40 designated area, SRA Landscape Design and Installation 41 Standards shall comply with the provisions of section 4.06.00, 42 unless additional or different design and installation standards that 43 deviate from section 4.06.00, in whole or in part, are submitted to 44 the County as part of the -e . - -• -- SRA,Site 45 dDevelopment Document plan or any amendment to the SRA 46 development document. . Please see 47 LDC section 4.08.07 J.8 for the deviation requirements and 48 criteria. 49 b. Transportation Network. 50 i. The transportation network shall provide for a high level of mobility 51 for all residents through a design that respects the pedestrian and 52 accommodates the automobile. 16 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 ii. The transportation network shall be designed in an interconnected 2 system of streets, sidewalks, and pathways. 3 c. Open space and Parks. 4 i. Towns shall have a minimum of 35% open space. 5 ii. Towns shall have community parks that include sports fields and 6 facilities with a minimum level of services of 200 square feet per 7 dwelling unit in the Town. 8 iii. Towns shall have passive or active parks, playgrounds, public 9 plazas or courtyards as appropriate within each Context Zone. 10 d. Context Zones. Context Zones are intended to guide the location of uses 11 and their intensity and diversity within a Town, and provide for the 12 establishment of the urban to rural continuum. 13 i. Town Core. The Town Core shall be the civic center of a Town. It 14 is the most dense and diverse zone, with a full range of uses 15 within walking distance. The Core shall be a primary pedestrian 16 zone with buildings positioned near the right-of-way, wide 17 sidewalks shall be shaded through streetscape planting, awnings 18 and other architectural elements. Parking shall be provided on 19 street and off street in the rear of buildings within lots or parking 20 structures. Signage shall be pedestrian scale and designed to 21 compliment complement the building architecture. The following 22 design criteria shall apply within the Town Core, with the 23 exception of civic or institutional buildings, which shall not be 24 subject to the building height, building placement, building use, 25 parking, and signage criteria below, but, instead, shall be subject 26 to specific design standards set forth in the SRA development 27 Document and approved by the BCC that address the perspective 28 of these buildings' creating focal points, terminating vistas and 29 significant community landmarks. 30 a) Uses -commercial, retail, office, civic, institutional, light 31 industrial and manufacturing, essential services, 32 residential, parks and accessory uses. Such uses may 33 occur in shared use buildings or single use buildings. 34 b) The total building area within each block shall not exceed 35 a floor area ratio of 3. 36 c) Retail and offices uses per block shall not exceed a floor 37 area ratio of 0.5. 38 d) Civic uses per block shall not exceed a floor area ratio of 39 0.6. 40 e) Light industrial and manufacturing uses per block shall not 41 exceed a floor area ratio of 0.45. 42 f) The density of transient lodging uses shall not exceed 26 43 dwelling units per Town Core gross acre. 44 g) The maximum building height shall be 6 stories, excluding 45 roofs and architectural features. 46 h) There shall be no minimum lot size. 47 i) The maximum block perimeter shall be 2500 Ft. 48 j) Minimum setbacks from all property boundaries shall be 0 49 feet and the maximum setback from the front boundary 50 shall be 10 feet. The maximum setback from the front 51 boundary may be increased in order to create public 52 spaces such as plazas and courtyards. 17 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 k) Overhead encroachments such as awnings, balconies, 2 arcades and the like, shall maintain a clear distance of 9 3 feet above the sidewalk and 15 feet above the street. 4 I) Seating for outdoor dining shall be permitted to encroach 5 into the public sidewalks and shall leave a minimum 6-foot 6 clear pedestrian way between the outdoor dining and the 7 streetscape planting area. 8 m) Buildings within the Town Core shall be made compatible 9 through similar massing, volume, frontage, scale and 10 architectural features. 11 n) The majority of parking spaces shall be provided off-street 12 in the rear of buildings, or along the side (secondary 13 streets), organized into a series of small bays delineated 14 by landscape islands of varied sized. A maximum spacing 15 between landscape islands shall be ten (10) spaces. 16 Landscape islands and tree diamonds shall have a 17 minimum of one tree. Parking is prohibited in front of 18 buildings, except within the right-of-way. Parking 19 structures fronting on a primary street shall either include 20 ground floor retail or have a minimum ten (10) foot wide 21 landscaped area at grade, including one tree per five (5) 22 square feet of landscaped area. Parking structures 23 fronting on a secondary street shall have a minimum ten 24 (10)foot wide, densely landscaped area at grade, 25 including one tree per 250 square feet of landscaped area 26 or 25 linear feet on center. The amount of required parking 27 shall be demonstrated through a shared parking analysis 28 submitted with an SRA designation application. Parking 29 shall be determined utilizing the modal splits and parking 30 demands for various uses recognized by ITE, ULI or other 31 sources or studies. The analysis shall demonstrate the 32 number of parking spaces available to more than one use 33 or function, recognizing the required parking will vary 34 depending on the multiple functions or uses in close 35 proximity which are unlikely to require the spaces at the 36 same time. The shared parking analysis methodology will 37 be determined and agreed upon by the County 38 Transportation staff and the applicant during the pre- 39 application meeting. The shared parking analysis shall use 40 the maximum square footage of uses proposed by the 41 SRA development document. 42 o) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a 43 minimum all proposed streets shall include sidewalks on 44 both sides of the street, parallel to the right-of-way, and a 45 five (5)foot streetscape area between the back of curb and 46 the sidewalk. In these areas, sidewalk protection such as 47 root barriers, a continuous tree pit, and/or structural soils 48 shall be provided. streets shall maintain a minimum 49 average building height to street width ratio of 1:1, 50 excluding landmark buildings. 51 p) Landscaping minimums within the Town Core shall be met 52 by providing landscaping within parking lots as described, 18 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 and by providing a streetscape area between the sidewalk 2 and curb at a minimum of five (5)feet in width, with trees 3 planted forty (40)feet on-center. The five-foot minimum 4 wide of planting area may be reduced to three (3)feet if 5 sidewalk protection such as root barriers, continuous tree 6 pits, and/or structural soils are provided. The street tree 7 pattern may be interrupted by architectural elements such 8 as arcades and columns. 9 q) General signage standards. Signage requirements shall be 10 as provided for in section 5.06.00, the"Collier County Sign 11 Code." 12 ii. Town Center. The Town Center shall provide a wide range of uses 13 including daily goods and services, culture and entertainment, 14 within walking distance. Like the Town Core, the Town Center is 15 the primary pedestrian zone, designed at human scale to support 16 the walking environment. It is the Main street area of the Town. 17 buildings shall be positioned near the right-of-way line, wide 18 sidewalks shall be shaded by street trees and architectural 19 elements. The following design criteria shall apply within the Town 20 Center, with the exception of civic or institutional buildings, which 21 shall not be subject to the height, building placement, building 22 use, parking, and signage criteria below, but, instead, shall be 23 subject to specific design standards that address these buildings' 24 creating focal points, terminating vistas, and significant community 25 landmarks and that are set forth in the SRA development 26 Document and approved by the BCC. 27 a) Commercial, retail, office, civic, institutional, light industrial 28 and manufacturing, essential services, parks, residential 29 and schools and accessory uses shall be permitted. 30 These uses may occur in shared use buildings or single 31 use buildings. 32 b) The floor area ratio for the total building area within each 33 block shall not exceed 2. 34 c) The floor area ratio for retail and office uses per block 35 shall not exceed 0.5. 36 d) The floor area ratio for civic uses per block shall not 37 exceed 0.6. 38 e) The floor area ratio for light industrial and manufacturing 39 uses per block shall not exceed 0.45. 40 f) The maximum density for transient lodging shall be 26 41 dwelling units per Town Center gross acre. 42 g) The maximum building height shall be 5 stories, excluding 43 roofs and architectural features. 44 h) The minimum lot area shall be 1,000 square feet. 45 i) The maximum block perimeter shall be 2500 Ft. 46 j) The minimum setbacks shall be 0 from all property 47 boundaries and the maximum setback shall be 10 feet 48 from the front right of way line. 49 k) Overhead encroachments such as awnings, balconies, 50 arcades and the like, must maintain a clear distance of 9 51 feet above the sidewalk and 15 feet above the street. 19 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 I) Seating for outdoor dining shall be permitted to encroach 2 the public sidewalks and shall leave a minimum 6-foot 3 clear pedestrian way between the outdoor dining and the 4 streetscape planting area. 5 m) Buildings within the Town Center shall be made 6 compatible through similar massing, volume, frontage, 7 scale and architectural features. 8 n) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a 9 minimum all proposed streets must include sidewalks on 10 both sides of the street, parallel to the right-of-way, and a 11 5 Ft. streetscape area between the back of curb and the 12 sidewalk. streets shall maintain a minimum average 13 building height to street width ratio of 1:1, excluding 14 landmark buildings. 15 o) Parking space requirements and design are the same as in 16 the Town Core. 17 p) Landscape minimums are the same as in the Town Core. 18 q) Signage requirements are the same as in the Town Core. 19 iii. Neighborhood General. Neighborhood General is predominately 20 residential with a mix of single and multi-family housing. 21 Neighborhood scale goods and services, schools, parks and open 22 space diversify the neighborhoods. The interconnected street 23 pattern is maintained through the Neighborhood General to 24 disperse traffic. Sidewalks and streetscape support the 25 pedestrian environment. The following design criteria shall apply 26 within Neighborhood General: 27 a) Residential, neighborhood scale goods and services, civic, 28 institutional, parks, schools and accessory uses shall be 29 permitted. 30 b) The maximum allowable building height shall be 3.5 31 stories. 32 c) The maximum block perimeter shall be 3500 feet, except 33 that a larger block perimeter shall be allowed where an 34 alley or pathway provides through access, or the block 35 includes water bodies or public facilities. 36 d) The SRA 4Development Document shall set forth the 37 development standards for all allowable types of single- 38 family development, which shall, at a minimum, adhere to 39 the following: 40 i) The minimum lot area shall be 1,000 square feet. 41 ii) Parking space requirements and design are the 42 same as in the Town Core, inclusive of garage 43 spaces, with an additional parking space required if 44 an accessory dwelling unit is built. 45 iii) Landscaping shall include a minimum of sixty(60) 46 square feet of shrub planting per lot, on lots that 47 are 3,000 square feet or less in area; eighty(80) 48 square feet on lots that are greater than 3,000 49 square feet but less than 5,000 square feet in area; 50 and 100 square feet for lots 5,000 square feet or 51 larger in area. Plantings shall be in identified 52 planting areas, raised planters, or planter boxes in 20 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 the front of the dwelling, with, at a minimum, turf 2 grass for the remainder of the property. 3 e) Multi-family residential uses shall adhere to the following: 4 i) Lots shall be a maximum of 4 acres. 5 ii) Front and side yard setbacks shall be a minimum 6 of 10 feet and rear yard setbacks shall be a 7 minimum of 20 feet for the primary structure and 5 8 feet for any accessory structures. 9 iii) Porches, stoops, chimneys, bays canopies, 10 balconies and overhangs may encroach into the 11 front yard a maximum of 3 ft. 6 in and a maximum 12 of 3 Ft. into side yards, but no element may 13 encroach into a side yard such that the distance to 14 the property line from the encroaching element is 15 less than 3 Ft. 2 In., except that overhangs may 16 encroach no more than 2 Ft. into any yard. 17 iv) Parking space requirements and design are the 18 same as in the Town Core. 19 v) A minimum of 100 Sq. Ft. of shrub planting shall be 20 required for each 2,000 Sq. Ft. of building 21 footprint, and one tree shall be required for each 22 4,000 Sq. Ft. of lot area, inclusive of street trees, 23 with such plantings in planting areas, raised 24 planters, or planter boxes in the front of the 25 building and a minimum of turf grass for the 26 remainder of the property. 27 f) Non-residential uses shall adhere to the following: 28 i) All such uses shall be located at intersection 29 corners or street bends and shall not be permitted 30 at mid-block locations; 31 ii),., If the non-residential use is a restaurant, grocery 32 store, or convenience store, it shall be located on 33 an alley loaded site; 34 iii) The minimum distance between non-residential 35 uses shall be 1,000 feet, as measured along the 36 street frontage at the right-of-way line. 37 iv) The maximum square footage per use shall be 38 3,000 square feet and per location shall be 15,000 39 square feet; 40 v) The use shall have a minimum lot area of not less 41 than the size of the smallest adjacent lot. vi) 42 The minimum setbacks shall be as follows: 43 0 feet from the front property boundary, a distance 44 from the side property boundary that is equal to the 45 setback of the adjacent property, and a minimum 46 of 20 feet from the rear property boundary for the 47 principal structure and 5 feet from the rear 48 property boundary for any accessory structures. 49 vii) Parking space requirements and design are the 50 same as in the Town Core, with on-street parking 51 provided only along the lot street frontage. No off- 52 street parking shall be permitted between the front 21 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 façade and the front property line. No off-street 2 parking shall be permitted between the side façade 3 and the street side property line for corner lots. All 4 off-street parking shall be screened from the street 5 and adjacent property by wall, fence and/or 6 landscaping. 7 viii) Landscaping shall include a minimum of 100 Sq. Ft. 8 of shrub planting per 2,000 Sq. Ft. of building 9 footprint, and one tree per 4,000 Sq. Ft. of lot area, 10 inclusive of street trees. Plantings shall be in 11 planting areas, raised planters, or planter boxes in 12 the front of the building. Minimum of turf grass for 13 the remainder of the property. 14 g) General signage requirements shall be as provided for in 15 section 5.06.00 16 h) Signage within Neighborhood Goods and Service Zones 17 shall be as provided for in section 5.06.00 18 i) Streets shall adhere to J.1.b and Figures 5, 6, 7, 8, or 10. 19 At a minimum all proposed streets must include 20 sidewalks on both sides of the street,parallel to the right- 21 of-way, and a 5 Ft. streetscape area between the back of 22 curb and the sidewalk. 23 iv. Neighborhood Edge (optional). Neighborhood Edge 24 is predominately a single-family residential 25 neighborhood. This zone has the least intensity and 26 diversity within the Town. The mix of uses is 27 limited. Residential lots are larger and more open 28 space is evident. The Neighborhood Edge may be 29 used to provide a transition to adjoining rural land 30 uses. The following standards shall apply with the 31 Neighborhood Edge: 32 a) The permitted uses within the Neighborhood 33 Edge are residential, parks, open space, 34 golf courses, schools, essential services, 35 and accessory uses. 36 b) Building heights shall not exceed 2 stories. 37 c) Lots shall have a minimum area of 5000 38 square feed with lot dimensions and 39 setbacks to be further defined with the SRA 40 development Document. 41 d) The perimeter of each block may not 42 exceed 5000 feet, unless an alley or 43 pathway provides through access, or the 44 block includes water bodies or public 45 facilities. 46 e) Parking space requirements and design are 47 the same as in the Town Core, inclusive of 48 garage spaces, with provision for an 49 additional parking space if an accessory 50 dwelling unit is built. 51 f) Landscaping shall include a minimum of 52 100 Sq. Ft. of shrub planting per lot, with 22 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 plantings in planting areas, raised planters, 2 or planter boxed in the front of the dwelling 3 and a minimum of turf grass for the 4 remainder of the property. 5 g) Streets shall adhere to J.1.b. and to Figures 6 9, 11, 12, 13, 14, 15, 16, 17, or 18. Ata 7 minimum all proposed streets must include 8 a 10-foot pathway on one side of the street 9 with an 8-foot streetscape area between the 10 edge of curb and the pathway. 11 v. Special District (optional). The Special District is 12 intended to provide for uses and development 13 standards not otherwise provided for within the 14 Context Zones. Special Districts would be primarily 15 single use districts, such as universities, business 16 parks, medical parks and resorts that require 17 unique development standards to ensure 18 Gempatabilitycompatibility with surrounding 19 neighborhoods. The location of Special Districts 20 shall be illustrated on the SRA Master Plan, and 21 uses and development standards shall be defined 22 in detail within the SRA development application 23 for review by Collier County staff. Special Districts 24 could be for uses such as Universities, business or 25 industrial parks, retirement communities, resorts, 26 etc. 27 3. Village Design Criteria. 28 a. General criteria. 29 i. Villages are comprised of residential neighborhoods and shall 30 include a mixed-use village center to serve as the focal point for 31 the community's support services and facilities. 32 ii. Villages shall be designed in a compact, pedestrian-friendly form. 33 iii. Create an interconnected street system designed to disperse and 34 reduce the length of automobile trips. 35 iv. Offer a range of housing types and price levels to accommodate 36 diverse ages and incomes. Accessory dwelling units shall not 37 count towards the maximum allowed density. 38 v. Be developed in a progressive rural to urban continuum with the 39 greatest density, intensity and diversity occurring within the 40 village center, to the least density, intensity and diversity 41 occurring within the Neighborhood Edge. 42 vi. The SRA document shall demonstrate the urban to rural transition 43 occurring at the Villages limits boundary provides sufficient 44 transition to the adjoining use, such as active agriculture, pasture, 45 rural roadway, etc., and sempatabili-Itycompatibility through the 46 use of buffering, open space, land use, or other means. 47 vii. Shall allow signs typically permitted in support of residential uses 48 including for sale, for rent, model home and temporary 49 constructions signs. Specific design and development standards 50 shall be set forth in the SRA document for such signs permitted in 51 residential areas or in conjunction with residential uses. 23 1:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 viii. To the extent that section 5.05.08 is applicable within the Urban 2 designated area, SRA Architectural Design Standards shall 3 comply with the provisions of section 5.05.08, unless additional or 4 different design standards that deviate from section 5.05.08, in 5 whole or part, are submitted to the County no later than when the 6 first SRA Site dDevelopment Document plan is submitted for 7 approval. 8 ix. To the extent that section 4.06.00 is applicable within the Urban 9 designated area, SRA Landscape Design and Installation 10 Standards shall comply with the provisions of section 4.06.00, 11 unless additional or different design and installation standards that 12 deviate from section 4.06.00, in whole or in part, are submitted to 13 the County no later than when the first SRA Site dDevelopment 14 Document plan- is submitted for approval. 15 b. Transportation Network. The transportation network for a Village shall 16 adhere to the same standards provided for within a Town. 17 c. Parks. A Village shall provide a range of active and passive parks, 18 squares and playgrounds as appropriate to be located within each 19 Context Zone and Special District. 20 d. Context Zones. 21 i. General. 22 a) Villages shall be designed to include a minimum of two 23 Context Zones: Village Center and Neighborhood 24 General. 25 b) Each Zone shall blend into the other without the 26 requirements of buffers. 27 c) Villages may include the Context Zone of Neighborhood 28 Edge. 29 d) Villages may include Special Districts to accommodate 30 uses that require use specific design standards not 31 otherwise provided for within the Context Zones. 32 e) The SRA Master Plan shall designate the location of each 33 Context Zone and each Special District. The village 34 center shall be designated in one location. Neighborhood 35 General, Neighborhood Edge and Special District may be 36 designated in multiple locations. 37 f) Context Zones are intended to guide the location of uses 38 and their intensity and diversity within a Village, and 39 provide for the establishment of the urban to rural 40 continuum. 41 ii. Village center. 42 a) The allowable uses within a village center are 43 commercial, retail, office, civic, institutional, essential 44 services, parks, residential and schools and accessory 45 uses. 46 b) Uses may occur in shared use buildings or single use 47 buildings. 48 c) The floor area ratio of any use shall not exceed 2 for the 49 total building area within each block, shall not exceed 0.5 50 for retail and office uses per block shall not exceed 0.6 for 51 civic uses per block. 24 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 d) Transient Lodging - 26 dwelling units per village center 2 gross acre 3 e) Maximum building height- 5 Stories, excluding roofs and 4 architectural features. 5 f) Minimum lot area: 1,000 SF 6 g) Block Perimeter: 2,500 Ft. max 7 h) Front setbacks - 0 to 10 feet from the right-of-way line 8 i) Side setbacks - 0 feet 9 j) Rear setbacks -0 feet 10 k) Overhead encroachments such as awnings, balconies, 11 arcades and the like, must maintain a clear distance of 9 12 feet above the sidewalk and 15 feet above the street. 13 I) Seating for outdoor dining shall be permitted to encroach 14 the public sidewalks and shall leave a minimum 6-foot 15 clear pedestrian way between the outdoor dining and the 16 streetscape planting area. 17 m) The design of civic or institutional buildings shall not be 18 subject to the specific standards of this subsection which 19 regulate building height, building placement, building 20 use, parking, and signage but, instead, shall be subject so 21 specific design standards that address the perspective of 22 these buildings' creating focal points, terminating vistas, 23 and significant community landmarks and that are set forth 24 in the SRA dDevelopment Document and approved by the 25 BCC. 26 n) Buildings within the village center shall be made 27 compatible through similar massing, volume, frontage, 28 scale and architectural features. 29 o) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a 30 minimum all proposed streets shall include sidewalks on 31 both sides of the street, parallel to the right-of-way, and a 32 5 Ft. streetscape area between the back of curb and the 33 sidewalk. streets shall maintain a minimum average 34 building height to street width ratio of 1:1, excluding 35 landmark buildings. 36 p) General parking criteria 37 i) On-street parking spaces within the limits of the 38 front property line, as projected into the right-of- 39 way, shall count towards the required number of 40 parking spaces. 41 ii) The majority of parking spaces shall be provided 42 off-street in the rear of buildings, or along the side 43 (secondary streets). Parking is prohibited in front of 44 buildings. 45 iii) Parking areas shall be organized into a series of 46 small bays delineated by landscape islands of 47 varied sized. A maximum spacing between 48 landscape islands shall be 10 spaces. Landscape 49 islands shall have a minimum of one canopy tree. 50 iv) Parking lots shall be accessed from alleys, service 51 lanes or secondary streets. 25 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 q) The majority of parking spaces shall be provided off-street 2 in the rear of buildings, or along the side (secondary 3 streets), organized into a series of small bays delineated 4 by landscape islands of varied sized. A maximum spacing 5 between landscape islands shall be 10 spaces. Landscape 6 islands and tree diamonds shall have a minimum of one 7 tree. Parking is prohibited in front of buildings, except 8 within the right-of-way. Parking lots shall be accessed 9 from alleys, service lanes or secondary streets. Parking 10 structures fronting on a primary street shall include 11 ground floor retail. Parking structures fronting on a 12 secondary street shall have a minimum 10 Ft. wide, 13 densely landscaped area at grade, including one tree per 14 250 square feet of landscaped area or twenty-five (25) 15 lineal feet on-center. The amount of required parking shall 16 be demonstrated through a shared parking analysis 17 submitted with an SRA designation application. Parking 18 shall be determined utilizing the modal splits and parking 19 demands for various uses recognized by ITE, ULI or other 20 sources or studies. The analysis shall demonstrate the 21 number of parking spaces available to more than one use 22 or function, recognizing the required parking will vary 23 depending on the multiple functions or uses in close 24 proximity which are unlikely to require the spaces at the 25 same time. 26 r) Landscaping minimums within the village center shall be 27 met by providing landscaping within parking lots as 28 described, and by providing a streetscape area between 29 the sidewalk and curb at a minimum of 5 Ft. in width. In 30 these areas, sidewalk protection such as root barriers, 31 continuous three pits, and/or structural soils shall be 32 provided. Trees shall be planted forty (40)feet on-center. 33 The street tree pattern may be interrupted by architectural 34 elements such as arcades and columns. 35 s) Signage standards within the village center shall comply 36 with those provided in the Town Center. 37 iii. Neighborhood General. Design standards for the Neighborhood 38 General within a Village shall be the same as defined within a 39 Town. 40 iv. Neighborhood Edge (optional). Design standards for the 41 Neighborhood Edge within a Village shall be the same as defined 42 within a Town. 43 v. Special District(optional). The Special District is intended to 44 provide for uses and development standards not otherwise 45 provided for within the Context Zones. Uses and development 46 standards shall be defined in detail within the SRA development 47 application for review by Collier County staff. 48 * * * * * * * * * * * 49 8. Requests for Deviations from the LDC. The SRA Development Document or any 50 amendments to the SRA Development Document may provide for 51 nonprocedural deviations from the LDC, provided that all of the following are 52 satisfied: 26 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 a. The deviations are consistent with the RLSA Overlay; and 2 b. The deviations furthor the RLSA District Regulations and are consistont 4 - - 2'.2. - - - 5 ob. It can be demonstrated that the proposed deviation(s)further enhance the 6 tools, techniques and strategies based on principles of innovative 7 planning and development strategies, as set forth in §§ 163.3177 (11), 8 F.S. . •- - -e - •. -.9 , -. 9 10 L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this 11 Section shall be prepared and submitted as part of the SRA Designation Application 12 Package. At a minimum, The analysis shall consider the Annual Update and Inventory 13 Report (AUIR) Category "A" and "B" facilities. _ _ _ _. . •- _ __ - •- __ _ . 14 15 - - _. _ -• _ _ ••-• -••- -- _ .. . -- - - - - 16 Development phasing and funding mechanisms shall address any adverse impacts to 17 adopted minimum levels of service pursuant to the Chapter 6 of the LDC. 18 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its 19 development, as a whole, will be fiscally neutral or positive to the Collier County 20 tax base;, - -- - _ . -- - - - 21 first, and in the horizon year(build out)-This demonstration will be made for each 22 unit of government responsible for the services listed below-above, using the 23 public facilities impact assessment. Any deficiencies identified within the public 24 facilities impact assessment shall be addressed within a Developer's Contribution 25 Agreement (DCA), entered by the developer and the County, as authorized by 26 Chapter106, Article IV of the Collier County Code of Laws and Ordinances. This 27 DCA shall clearly address the responsibilities and commitments of both parties 28 with appropriate benchmarks tied to stated responsibilities and commitments. 29 The DCA will be a companion to the SRA document and reviewed as part of the 30 SRA entitlement process. _ - _ -- _ _ _ ••- .__ __ - 31 a Collier County Fiscal Impact Model. The fiscal impact model officially 32 ---- - - - ' • ' - -- - -- - --- 33 b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal 34 impact model as indicated above, the applicant may develop an 35 - -- --- -- - - - --- --- -- --- - - - --36 County. The BCC may grant exceptions to this policy of fiscal neutrality to 37 ---• -- --- - - - --- - - - - -- -e- • 38 ∎e- _ e e .• - - • - ---- - • --- -- - - -- :e-: - •-•39 - •- e -- - -e.- . -. --- - - -- "ate." 40 _ _ • -- _P.. • •••- •! _ .-- --• -- . -- --- • • - - - 41 --- .._ - - - - - - -- ---- - - = --- -- -- 42 above- 43 3. Imposition of Special Assessments. If the Report identifies a negative fiscal 44 46 - - - - - - - - - ' - - - - - -- ' -- - - - - - --- • •4 7 -- - -- - •- - =-- - -- - - -- - -- - - - - - -- -- 48 -e - •e - e - e-- e•--- - - -- ' = - - ' - - ••- - - • - • -• _ 49 - ---- " --- ' - - --- " 50 42. Special Districts Encouraged in SRAs. The use of community 51 development districts (CDDs), Municipal Service Benefit Units (MSBUs), 52 Municipal Service Taxing Units (MSTUs), or other special districts shall 27 I:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Text underlined is new text to be added. Bold text indicates a defined term 1 be encouraged in SRAs. When formed, the special districts shall 2 encompass all of the land designated for development in the SRA. 3 Subsequent to formation, the special district will enter into an Interlocal 4 agreement with the County to assure fiscal neutrality. As outlined above, 5 if the monitoring reveals a shortfall of net revenue, the special district will 6 impose the necessary remedial assessment on lands in the SRA. 7 # # # # # # # # # # # # # 28 l:\2015 LDC Amendment Cycle\Amendments\4.08.07 SRA Designation-Ave Maria\LDCA drafts\4.08.07 SRA Designation- Privately Initiated LDCA-051315 CCPC.docx 5/13/2015 12:59:48 PM Attachment 1 P t2.-. k-•! ` A114 •ti,• SI: .. 2”. ,. _it. , 4,..'.,74 or t_• R.t-45 i. OFF1C, . 'e 4 iiirpr-:- .• • 515 (MIN.) itom. --.... ' air S :' .` 4IFFIcEic 'd,_ •Si P11 RESIDE ..;r.C.I.,'0,:. .... .•-117rt: :. .,•7 •• •4 ,1.740`.7,WWPIIIPI 74.•71 ;oin.' -, '3.'' -• ...1'''' NO n• '''•1 EIVT1AL • , ,-.v.,4 :".!.:-.'!..C.12,0.;... •;. • ".. • -4,-ki: ....!.,;.,.....-.., .„.v., .::. 317 .,:,r:-L-&-2..iii:1:::01.4.-:1:1",•::::„....`r- -S. .-::;-7,i,.,,:.7..;-..':,e':'''.1`''....7-I'::...:ZI?:.:-:: 1 . :...---.4N.•,-..".; Vi.t-..;..,.....-t;...-.... 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NT& ENGINEER'S PLAN) V% a ' gt., t ehtljegfifplik, gli f 1 a 144 r el rate 111 At 4 R,+ , ... T ' '� " [MAID!.) �� T�"S..#-. ,` .., ,1,', . ''i -y iii ir Tt P L. Lam TR H. 1 ' , I .. , v_ 1 a S ,•. - - - - ' C ; _ r k T 4 ,y , r GURU! 8e WIMP CrIrPE ANU MATERIAL (LOCAL STREET) NEIGHBORHOOD EDGE FIGURE 11.i.n. R At R�.W, 30' R.O.W. RESIDENTIAL RESIDENTIAL 10' 10' ler IBM* PAVEMENT trrlirn' ER5ENEf1T EASEMENT 2' HARD *ef• 1REATMEIV MAY VERY ALLEY NEIGHBORHOOD GENERAL FIGURE 10 N,r,a .„:0;x.Vikt.044 t 1 Mili t*4 .1 *"44144joku '. '.-? 1 ' sa, ' ;1144 * 1...4. ' mi!'),":1 t *If.,tzr. .."': '4,:t..*4,3' .r4t4S c. ,1 0 ''' w EO' (MK) 1 P ed x+, :'7' Kir, e0 7/ i 1®e 1 t' 19' UT I I r 12' (MIRO ��Rf `RAVEL LME TRAVEL. LAND....., �+`� * MULTI-USE P Y' PL . '' N It' !J ' I I I . ..,..„,, ,... w.„ ,,,„:T-. .:. •-1.'..'.....;'t.;....7...".1., '.. . 1;011,4V . ... , I . r • MOM LaNAOCRPE IS NAT N4T�RW. IN NIII AREA. 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Timm, we MED#H L maw!.LAME HOULO RID DOE UL1i-use rAri ARrA I I iU6/GO I *'Vtlr.i 1011%li 1 vAu„ G 0 me. 4�Wk� � uRt ,5%.,41 �Y..O'fiMAC4':�GMq'V"�.Clk I.35A4"fitd v a L� �,:A tom.∎dK-k \-.Wf "-- A��"' ,''la", ',$, 1�'r, f-e."4\''t�„�� :fr's' Of'#`2,r��`1�;.* `,:�1,rk ''.\\P,`r4%,,...V ct5 i::-T,;,42►, iL'Ok 0 0gA.X"4 -., '' "� .,,10',...x,,,*11:.,.,,,.141„:t,,r, �� °' .....'"'��.�^` r' ,AA �fetr,... �r .P.....^. i r\ l r. 11 r l /0... rMr!L A. .e• 'e' 1 (COLLECTOR STREET) naTe lIra" S CLEM NEIGHBORHOOD EDGE MAY VOW SMED ON FIGURE 17 QMSON win Oi ROAD, N.1.51, ROM. 1 R.O.W- VARIES R-O.W. I VARIES 8' (NN.) 'TEA 71176.1 5' (MN.). 11• L 11' ES FROM 15'-300 11' 11' S' (YIIN.} 11ARIES FROM 6' (NIM11) 'JARIES I T11411OEWAUMAOSIOE SAKI—.Lk/4E TRAVEL LANE `+ T%WEL LANE MEOWS TPVA EL LANE TRNREL LWVE BIKE - �SIOE S'MA '10 N.I 1 AREA I I LANE AREA • I •>>� , G7*i '- P,! "is a a s- � : . •.:,.... , ... n: � 1 I VT "0A✓.,A, rr •c VAKrA,›Wrk f �■4t 'Ais�..,:x-V.k4 ver s-vir .+t � Os n : v T,, - \ % i . < t r. s N is \--1,-,01.-*.s !' \,'..e?- Kr*.-,f-''.�i ,e {COLLECTOR STREET) �G�` �r� �� . NEIGHBORHOOD EDGE FIGURE 18 N.T.S. Staff Comments for Privately Initiated LDC Amendment - LDC section 4.08.07 SRA Designation Applicant: Richard Yovanovich Date:April 16, 2014 LDC Section:4.08.07 D.8. Section Title:Section describes requirements for a SRA Designation Application Package. Proposed Change(s):To eliminate the SRA Economic Assessment Report in its entirety as a part of the SRA Designation Application Package. Staff comments: Please do not delete this section. It is intended for a new application and an "Economic Assessment Report", which is the title of LDC section 4.08.07 L,will still be required. LDC Section:4.08.07 E.7 Section Title:SRA Application Review Process Proposed Change(s):To require a NIM prior to required meetings. Staff comments: • Staff recommends modifying the proposed provision for consistency to read: Prior to the first required public meeting,the applicant shall hold a NIM, pursuant to LDC section 10.03.06 M. • 10.03.06 M will provide for the order of notifications.Staff is amending 10.03.06 M as a companion to this amendment. • Please note that based on staff analysis,the Ave Maria SRA is designated as "All other areas"for the purposes of mailed notices. In All other areas, "all property owners within 1,000 feet of the property lines of the subject property"shall receive the mailed notice for the NIM. (See additional info in the Administrative Code, Chapter 8) LDC Section:4.08.07 F.4 Section Title:SRA Amendments Proposed Change(s): • Adding"Modifications to the street cross section"to the minor change section. • Adding substantial and insubstantial amendment types. Staff comments: • Please reorder the section as follows: Substantial changes, insubstantial changes, minor changes • Please note that staff cannot support the addition to the minor change section: "Modifications to the street cross section" because as an administrative process it provides for too much staff discretion. Further,since this section is generally modeled off of 10.02.13 PUD Procedures, a Page 1 of 5 change to a street cross section within a PUD would trigger the PDI process,at a minimum. Therefore, it is not consistent with existing approval procedures. • Please identify and explain any and all changes (apart from noting the section applies to SRAs rather than PUDs)to the proposed Substantial Change language. o Staff notes one difference,which is the removal of the "or 5 acres in area" provision in the proposed 4.08.07 F.4.c(3). • Staff will relay in the staff report that any changes which trigger 4.08.07 F.4.c(3)will need to be consistent with GMP FLUE policies 4.9,4.10, and 4.13. • Staff will also note in the staff report that SRA fees may need to be reviewed to accommodate the various amendment types. • Please provide an explanation for all of the changes in the Reason section, including the change to the minor change section, and justification for all of the new amendment types. • The Ave Maria SRA was the first SRA to be processed pursuant to the LDC. We have learned that revisions to the SRA can be too burdensome based upon the scope of the change. Therefore, the proposed revisions will better define the scope of the review necessary for proposed revisions. The proposed language is modeled after the existing LDC provision applicable to PUD's. LDC Section:4.08.07 H.2.I Section Title: Development Document Proposed Change(s): • Preempts any other section from not allowing for variations or deviations. • To allow for the applicant to request variations or deviations from the LDC through an amendment. Staff comments: • Please identify and propose an amendment to any contrary language in the LDC. • Staff recommends modifying the section to read:The development plan, including any amendments, may request variations or deviations from the LDC. The development plan application shall identify all proposed variations or deviations and include justification and any proposed alternatives. Please see LDC section 4.08.07 J.8 for the deviation requirements and criteria. • Staff will note in the staff report that SRA fees may need to be reviewed to address the number of deviations. • Please elaborate on the explanation in the Reason section and provide justification for this change. • Currently, the LDC provides that unless a deviation is requested prior to the first development plan is submitted, a deviation cannot be requested even through a SRA amendment. We are allowing for deviations to be requested as part of the SRA amendment process. LDC Section:4.08.07 H.2.l Section Title: Development Document Proposed Change(s): N/A Page 2 of 5 Staff comments: Please correct spelling of"compatibility". LDC Section:4.08.07 J.1 Section Title:SRA Characteristics Proposed Change(s):To allow for deviations from cross sections, Figures 1-18 through a Development Plan or an Amendment. Staff comments: • Staff recommends adding the following to the end of the section 4.08.07 J.1.b: Please see LDC section 4.08.07 J.8 for the deviation requirements and criteria. • Please elaborate on the explanation in the Reason section and provide justification for this change. LDC Section:4.08.07 J.2.ix, Section Title:Town Design Criteria Proposed Change(s): N/A Staff comments: Please correct spelling of"compatibility". LDC Section:4.08.07 J.2.xiii and xiv Section Title:Town Design Criteria—Architectural and Landscape Standards Proposed Change(s):To allow for deviations to 5.05.08 and 4.06.02 through SRA the Amendment process. Staff comments: • Staff recommends adding the following to the end of each amended provision: Please see LDC section 4.08.07 J.8 for the deviation requirements and criteria. • Architectural and landscaping deviations will most likely fall under the insubstantial change process. Therefore, staff will provide a narrative in the staff report that will discuss, but is not limited to,the following: o The proposed amendment process allows for deviations from 5.05.08 and 4.06.02 in whole or in part. o SRAs that constitute towns or villages can be larger than a PUD and therefore may have a larger impact on existing land uses. o SRA designations and amendments only require three votes, rather than four required for a PUD amendment. • Please elaborate on the explanation in the Reason section and provide justification for the changes. Page 3 of 5 • Currently, the LDC provides that unless a deviation is requested prior to the first development plan is submitted, a deviation cannot be requested even through a SRA amendment. We are allowing for deviations to be requested as part of the SRA amendment process. LDC Section: 4.08.07 J.8 Section Title: Requests for Deviations from the LDC Proposed Change(s):To remove the provision that expressly prohibits deviation to 4.08.07 J.2 -5. Staff comments: • Please confirm there are no other sections which convey there shall be no deviations. • Please delete the reference to Chapter 9.J.5. FAC. • Please provide an explanation in the Reason section and provide justification for the changes. The deleted language is confusing and does not allow for necessary deviations. LDC Section:4.08.07 L Section Title:SRA Economic Assessment Proposed Change(s):To delete the requirements for the fiscal neutrality and replace with a development contribution agreement. Staff comments: • Please update the Reason section and elaborate on the justification for the change. • Staff and the BCC agree that a 5 year review is unnecessary. • Please replace the proposed deleted language with the following. 4.08.07 SRA Designation L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, The analysis shall consider the facilities and services: transportation, potable water, wastewater, irrigation water, services, fire, and schools. Annual Update and Inventory Report (AUIR) Category "A" and "B" facilities. The Cateqory "A" facilities are arterial and collector roads and bridges, drainage system and stormwater management, potable water supply and distribution, wastewater collection and treatment, solid waste disposal, public schools and, parks. The Category "B" facilities are jails, correctional and law enforcement, library buildings and collections, emergency medical services, government buildings and the two dependent fire districts, Ochopee and Isles of Capri. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the Chapter 6 of the LDC. 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base- - -- - . . -._ _ . - . - .. - _ -_ , Page 4 of 5 whichever occurs first, and in the horizon year (build out). This demonstration will be made for each unit of government responsible for the services listed below above, using the public facilities impact assessment. Any deficiencies identified within the public facilities impact assessment shall be addressed within a Developer's Contribution Agreement (DCA), entered by the developer and the County, as authorized by Chapter106, Article IV of the Collier County Code of Laws and Ordinances. This DCA shall clearly address the responsibilities and commitments of both parties with appropriate benchmarks tied to stated responsibilities and commitments. The DCA will be a companion to the SRA document and reviewed as part of the SRA entitlement process. one of the following methodologies: a. Collier County Fiscal Impact Model. The fiscal impact model officially b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop 2. Monitoring Requirement. To assure fiscal neutrality, the developer of the . accord with the methodology outlined above. 3. Imposition of Special Assessments. if the Report identifies a negative above, the landowner will accede to a special assessment on his property shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. 4.2. Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. Page 5 of 5 Cv ier County Growth Management Department To: Collier County Planning Commission From: Caroline Cilek,AICP, LDC Manager Thru: Mike Bosi,AICP, Director of Planning and Zoning Date: Wednesday, May 13, 2015 Re: Considerations regarding Privately Initiated LDC Amendment—4.08.07 SRA Designation Dear Planning Commissioners, In reviewing the Privately Initiated LDC Amendment—4.08.07 SRA Designation,the following were identified as considerations for your review and discussion: 1. The applicant is proposing SRA substantial and insubstantial changes, identified in LDC section 4.08.07 F.4,which are modeled off of LDC section 10.02.13 E - Planned Unit Development(PUD) Procedures. Due to this change, the public notice requirements for the proposed procedures should be evaluated.To include comparable procedures, public notice provisions can be modeled off of the Planned Unit Development Amendment(PUDA)and insubstantial changes (PDI) process established in LDC sections 10.3.06 B and H. If public notice requirements are included, LDC section 4.08.07 F.1 and 10.03.06 M will need to be updated. 2. Although the proposed SRA substantial change section is modeled off of LDC section 10.02.13 E, staff identified one change, noted in strikethrough below: "A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such,or 5 acres in area;" Further, in assessing this provision, it should be noted that the GMP FLUE Policies 4.9,4.10,and 4.13 are specific as to what is required to be retained as open space in the SRA. If the proposed language is adopted, all proposed substantial changes, deviations, and variations will need to be reviewed for consistency with the GMP FLUE policies. Please see Attachment 1, which identifies the policies noted above. 3. The applicant is proposing a new cross street section, Figure 6A,to LDC section 4.07.08 J.1.b which identifies cross sections for SRA Towns.The proposed cross street section identifies a 40- foot minimum right-of-way to include a minimum 5-foot sidewalk and a minimum 6-foot planting area.Several considerations include: The GMP FLUE policy 7.4 encourages "new developments to provide walkable communities"and specific GMP FLUE policies 4.7.1 and 4.7.2 within the RLSA Overlay establish that Towns and Villages"shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods." Page 1 of 2 Colter County Growth Management Department Based on prior Planning Commission approvals,the proposed Figure 6A is consistent with the GMP provisions; however, consideration should be given to a new LDC minimum standard that can be applied to all development types within an SRA.Currently, a similar cross street section would need to be approved through a PUD process or administratively on a case by case basis for applicability as established in LDC section 10.02.04 A.5 and 6.06.01 N. Based on the proposed Figure 6A,additional consideration may be given to identifying details for utilities(water, sewer, irrigation)fire hydrants,streetlights, requirements within the planting area,and sidewalk widths. Further, LDC section 4.07.08.J.2d.iii.i, regarding Town Design Criteria, Neighborhood General-streets will need to be updated to include Figure 6A and any conflicts removed. 4. The proposed LDC amendment establishes the ability to request deviations and variations,with justification provided from the Development Document.Although this flexibility is understandable as time passes, it should be noted that the architecture and landscaping deviation and variation requests will most likely fall under the insubstantial change process and require one public hearing with the Hearing Examiner. The proposed amendment allows for deviations and variations from LDC sections 5.05.08 Architecture and Site Design Standards and 4.06.02 Buffer Requirements in whole or in part and may apply to a portion or the entire SRA development, some of which may already be developed. The potential application of deviations may have a greater impact, i.e. size of land area, number of existing residents, etc.than the current comparable process established for PUDs. Should deviations requests arise to the level of a Board approval, it should be noted that SRA designation and amendments require three votes by the Board of County Commissioners, rather than the four required for a typical land use petition. 5. Should the proposed SRA substantial and insubstantial changes be recommended and approved, the current Fee Schedule,applications, and the Administrative Code will need to be amended to reflect proposed changes. Please let me know if you have any questions. Thanks, Caroline carolinecilek@colliergov.net 239-252-2485 Page 2 of 2 Co ier County Growth Management Department Attachment 1 Growth Management Plan—Future Land Use Element Group 4—Policies to enable conversion of rural lands to other uses in appropriate locations,while discouraging urban sprawl,and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas * * * Policy 4.9: A SRA must contain sufficient suitable land to accommodate the planned development in an environmentally acceptable manner.The primary means of directing development away from wetlands and critical habitat is the prohibition of locating SRAs in FSAs, HSAs, and WRAs.To further direct development away from wetlands and critical habitat, residential; commercial, manufacturing/light industrial,group housing,and transient housing, institutional, civic and community service uses within a SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. In addition,conditional use essential services and governmental essential services,with the exception of those necessary to serve permitted uses and for public safety,shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2.The Index value of greater than 1.2 represents those areas that have a high natural resource value as measured pursuant to Policy 1.8. Less than 2%of potential SRA land achieves an Index score of greater than 1.2. Policy 4.10: Within the RLSA Overlay, open space,which by definition shall include public and private conservation lands, underdeveloped areas of designated SSAs,agriculture, water retention and management areas and recreation uses,will continue to be the dominant land use.Therefore,open space adequate to serve the forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas proximate to their homes,open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town,Village,or those CRDs exceeding 100 acres. Lands within a SRA greater than one acre with Index values of greater than 1.2 shall be retained as open space.As an incentive to encourage open space, such uses within a SRA, located outside of the ACSC, exceeding the required thirty-five percent shall not be required to consume Stewardship Credits. * * * Policy 4.13: Open space within or contiguous to a SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the Overlay Map.Open space contiguous to or within 300 feet of the boundary of a FSA, HSA,or existing public or private conservation land may include: natural preserves, lakes,golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set- back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e.,the area south of Immokalee Road,this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. (VII) Policy. Page 1of1