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CCPC Backup 06/04/2015 COLLIER COUNTY PLANNING COMMISSION MEETING BACKUP DOCUMENTS JUNE 4, 2015 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, JUNE 4,2015, 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— May 7,2015 6. BCC REPORT-RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS This item has been continued from the May 21,2015 CCPC meeting: A. 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 1 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] B. PUDA-PL20140000867: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [Coordinator: Nancy Gundlach, AICP,RLA,Principal Planner] C. 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 2.03.09 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; 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 5.06.04 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; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.[Caroline Cilek, AICP,LDC Manager] 10. OLD BUSINESS 11. NEW BUSINESS 12. PUBLIC COMMENT 13. ADJOURN CCPC Agenda/Ray Bellows/jmp 2 PUDA-PL20140002040 5/21/15 Teresa L. Cannon Lely PUDA From: Sawyer, Michael Sent: Tuesday, April 21,2015 2:42 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; 'MorganTrish'; Neet,Virginia; Rodriguez, Wanda; Lang, Ashley Subject: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Attachments: Hearing Notice to Newspaper_CCPC.pdf; PPL141326(2x3).pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 Teresa L. Cannon From: Minutes and Records To: Sawyer, Michael Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Looks good, I will send the proof as soon as I receive it.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Sawyer, Michael Sent: Tuesday, April 21, 2015 3:26 PM To: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC So sorry, new system changes...didn't catch it was not word formatted. Try the attached and let me know of any issues or questions. Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] On Behalf Of Minutes and Records Sent: Tuesday, April 21, 2015 2:47 PM To: SawyerMichael Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Mike, Can you send this in word format.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 April 21, 2015 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on May 1, 2015 and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154356 Account Number: 068779 • Authorized Designee signature for CCPC Advertising P120140002040 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Tuesday, May 21st, 2015, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: 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] (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to Tuesday, May 21st, 2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman :R RA AIRPORT-PULLING RD ((�� DIRARILLON z9 Y� 4. (C.R.31) r7. x ; 0,6 m c o° . i f g,„i c xV z y N P O Z m ■r-i� I. �- 1 i link LIVINGSTON RD. ; .gig �9�a i • g= n §2 El y ! _ 1y.3 VIEW N z A A s !� � V D I§ :. m§ 1�= ;Op 8 N D iii INTERSTATE-75 k� � rr.0 70 9 " c4 iDn mn -1 0 ->- "Dg A? 0 0 mpg u V FAN z —1 _.g a C N s D C Teresa L. Cannon From: Rodriguez, Wanda Sent: Tuesday,April 21, 2015 3:35 PM To: Sawyer, Michael Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Importance: High Mike, The title and requested run date are correct. However, there are a few problems with this ad request: 1. Heading should state Notice of Public Hearing and Notice to Consider Ordinance 2. Day of the week is wrong — should be Thursday instead of Tuesday 3. The wrong map is attached to the ad. Please correct. Thanks, "Wanda Rodriguez, . ACT .Advanced Certified Para(ega( Office of the County.Attorney (239)252-8400 From: SawyerMichael Sent: Tuesday, April 21, 2015 2:42 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'MorganTrish'; NeetVirginia; RodriguezWanda; LangAshley Subject: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 1 Teresa L. Cannon From: Sawyer, Michael Sent: Tuesday,April 21, 2015 3:43 PM To: Rodriguez, Wanda Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Attachments: NDN ad 4-21-15 (REVISED).rtf; PPL142040(2x3).pdf What the heck...so sorry, Before the goof it again would you take a look at the attached. Thanks so much, Mike From: RodriguezWanda Sent: Tuesday, April 21, 2015 3:35 PM To: SawyerMichael Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Importance: High Mike, The title and requested run date are correct. However, there are a few problems with this ad request: 1. Heading should state Notice of Public Hearing and Notice to Consider Ordinance 2. Day of the week is wrong — should be Thursday instead of Tuesday 3. The wrong map is attached to the ad. Please correct. Thanks, Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County attorney (239)252-8400 From: SawyerMichael Sent: Tuesday, April 21, 2015 2:42 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'MorganTrish'; NeetVirginia; RodriguezWanda; LangAshley Subject: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Teresa L. Cannon From: Sawyer, Michael Sent: Tuesday, April 21, 2015 3:50 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; 'MorganTrish'; Neet, Virginia; Rodriguez,Wanda; Lang, Ashley Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Attachments: NDN ad 4-21-15 (REVISED).rtf; PPL142040(2x3).pdf Sorry everyone, I had several error's in my previous ad request. Please use the revised attachments. My apologies for previous email and thanks you to everyone's reviewing efforts, much appreciated, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: SawyerMichael Sent: Tuesday, April 21, 2015 2:42 PM To: Minutes and Records Cc: BellowsRay; BosiMichael; 'MorganTrish'; NeetVirginia; RodriguezWanda; LangAshley Subject: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks much, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 April 21, 2015 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on May 1, 2015 and furnish proof of publication to the attention of Michael Sawyer, Project Manager, Zoning Services in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154356 Account Number: 068779 Authorized Designee signature for CCPC Advertising P120140002040 NOTICE OF PUBLIC HEARING and NOTICE TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, May 21st, 2015, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: 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] (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to Thursday, May 21st, 2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman 91.‘ kings '‘41. i %�/ :LaF_ �� ■ e Teresa L. Cannon From: Minutes and Records To: Sawyer, Michael Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Got it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Sawyer, Michael Sent: Tuesday, April 21, 2015 3:43 PM To: Rodriguez, Wanda Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC What the heck...so sorry, Before the goof it again would you take a look at the attached. Thanks so much, Mike From: RodriguezWanda Sent: Tuesday, April 21, 2015 3:35 PM To: SawyerMichael Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Importance: High Mike, The title and requested run date are correct. However, there are a few problems with this ad request: 1. Heading should state Notice of Public Hearing and Notice to Consider Ordinance 2. Day of the week is wrong — should be Thursday instead of Tuesday 3. The wrong map is attached to the ad. Please correct. Thanks, Wanda Rodriguez, .ACP .Advanced Certified Paralegal- Office of the County Attorney (239)252-8400 1 Teresa L. Cannon From: Rodriguez, Wanda Sent: Tuesday, April 21, 2015 3:45 PM To: Sawyer, Michael Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Looks good now, thanks! Wanda Rodriguez, MCP .Advanced Certified Para(egaC Office of the County Attorney (239)252-8400 From: SawyerMichael Sent: Tuesday, April 21, 2015 3:43 PM To: RodriguezWanda Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC What the heck...so sorry, Before the goof it again would you take a look at the attached. Thanks so much, Mike From: RodriguezWanda Sent: Tuesday, April 21, 2015 3:35 PM To: SawyerMichael Cc: Minutes and Records Subject: RE: NDN ad for Lely PUDA-PL20140002040 May 21, 2015 CCPC Importance: High Mike, The title and requested run date are correct. However, there are a few problems with this ad request: 1. Heading should state Notice of Public Hearing and Notice to Consider Ordinance 2. Day of the week is wrong — should be Thursday instead of Tuesday 3. The wrong map is attached to the ad. Please correct. Thanks, Wanda Rodriguez, ACT Advanced Certified ParafegaC 1 Acct #068779 April 21, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20140002040, Lely PUDA (Display Ad) Dear Legals: Please advertise the above referenced notice w/Map on Friday, May 1, 2015 and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #450015456 April 21, 2015 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on May 1, 2015 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite #401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154356 Account Number: 068779 NOTICE OF PUBLIC HEARING and NOTICE TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, May 21st, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: 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] (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite #401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to Thursday, May 21st, 2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman • 11 y 2 I im1 / file i p .... 7 r [ =a :1166 COLLIER say„ i �_ H II Inr B i Ili' 1 , 1 11 i W MAIM Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, April 22, 2015 7:54 AM To: Naples Daily News Legals; carol.polidora @naplesnews.com Subject: PUDA-PL20140002040 - Lely PUDA Attachments: PUDA-PL20140002040 (CCPC).doc; PUDA-PL20140002040 (CCPC).doc; PUDA- PL20140002040 (CCPC).pdf Legals, Please advertise the attached Display Ad w/Map on Friday, May 1,2015.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Wednesday, April 29, 2015 3:47 PM To: Teresa L. Cannon Subject: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Attachments: NDN231121324.BCC Zoning Dept.Lely PUDA.050115.pdf Importance: High Hi Teresa! Please provide approval ASAP for publication on 05.01.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 ?ttpti AU NettIS NapiesNews.00rn 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING and NOTICE TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, May 21st, 2015, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider: 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] InEllig111.1.10111.1 'jail Rwwm.ea11�� l�R - ,p a F t PROJECT LOCATION 111 ilk'' . 111M44 A . , gliiii.,„ All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite#401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to Thursday,May 21st,2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain,Chairman No.231121324 May 1.2015 Teresa L. Cannon From: Rodriguez,Wanda Sent: Wednesday, April 29, 2015 3:53 PM To: Teresa L. Cannon; Neet, Virginia Cc: Sawyer, Michael Subject: re: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Attachments: NDN231121324.BCC Zoning Dept.Lely PUDA.050115.pdf Importance: High Teresa, The heading should actually read NOTICE OF PUBLIC HEARING and NOTICE OF INTENT TO CONSIDER ORDINANCE . Otherwise it's good. Dinny, This is the proof for the ad the should run on Friday. -Wanda Rodriguez, ACP Advanced Certified Parafega( Office of the County Attorney (239)252-8400 From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, April 29, 2015 3:48 PM To: RodriguezWanda; SawyerMichael Subject: FIN: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Importance: High Please review asap.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora(anaplesnews.com] Sent: Wednesday, April 29, 2015 3:47 PM To: Teresa L. Cannon Subject: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Importance: High Hi Teresa! 1 Teresa L. Cannon From: Sawyer, Michael Sent: Wednesday,April 29, 2015 4:19 PM To: Rodriguez,Wanda;Teresa L. Cannon; Neet,Virginia Subject: RE:#231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 I concur, Thanks, Michael Sawyer Project Manager, Zoning Services Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: RodriguezWanda Sent: Wednesday, April 29, 2015 3:53 PM To: Teresa L. Cannon; NeetVirginia Cc: SawyerMichael Subject: re: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Importance: High Teresa, The heading should actually read NOTICE OF PUBLIC HEARING and NOTICE OF INTENT TO CONSIDER ORDINANCE . Otherwise it's good. Dinny, This is the proof for the ad the should run on Friday. Wanda Rodriguez, ACP .Advanced Certified ParaCega( Office of the County Attorney (239)252-8400 From: Teresa L. Cannon [mailto:Teresa.Cannoncollierclerk.com] Sent: Wednesday, April 29, 2015 3:48 PM To: RodriguezWanda; SawyerMichael Subject: FW: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Importance: High 1 Teresa L. Cannon To: Polidora, Carol Subject: RE: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 One small addition... the heading should read "Notice of Public Hearing Notice of Intent to Consider Ordinance".The CAO office missed it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora@anaplesnews.com] Sent: Wednesday, April 29, 2015 3:47 PM To: Teresa L. Cannon Subject: #231121324 - BCC Zoning Dept/Lely PUDA Proof for 05.01.15 Importance: High Hi Teresa! Please provide approval ASAP for publication on 05.01.15. Thank you! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1•ap1i. Attu ft" NaptesNews Teresa L. Cannon From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Thursday, April 30, 2015 1:04 PM To: Teresa L. Cannon Subject: REVISION #2 #231121324 - BCC Zoning Attachments: NDN231121324.REVISED2 BCC Zoning Dept.Lely PUDA.050115.pdf Importance: High REVISION 2 for approval... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, May 21st, 2015, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider: 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 6t 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].III pp vall- k'LIE PROJECT -.....i MI LOCATION ""° 2, I ik 0 3 ".b lisRL A- . All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite#401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to Thursday,May 21st,2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain,Chairman No.231121324 May 1.2015 Teresa L. Cannon To: Polidora, Carol Subject: RE: REVISION #2 #231121324 - BCC Zoning Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Polidora, Carol [mailto:carol.polidora @naplesnews.com] Sent: Thursday, April 30, 2015 1:04 PM To: Teresa L. Cannon Subject: REVISION #2 #231121324 - BCC Zoning Importance: High REVISION 2 for approval... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 239-325-1251 E: cpolidora( NaptesNews.com A: 1100 Immokalee Road I Naples, FL 34110 NaptesNews.com 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT NAPLES DAILY NEWS - TO CONSIDER ORDINANCE Published Daily Notice is hereby given that a public hearing will be held by the Collier County Planning Commission Naples,FL 34110 at 9:00 A.M., on Thursday, May 21st, 2015, in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 East Tamiami Trail,Naples FL.,to consider: Affidavit of Publicatio 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 State of Florida 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 Counties of Collier and Lee 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 Before the undersigned they serve as the as part of a mixed use project;and by amending Section VI, C-3 Commercial/Neighborhood to appeared Daniel McDermott who on oat 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 Inside Sale Manager of the Naples Daily xv, Deviations,from the Land Development Code to increase the number of signs and the size newspaper published at Naples, in Collis 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 distributed in Collier and Lee counties O 6±acres;and providing an effective date. The subject property consists of 2,892 acres located attached copy of the advertising,being a 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 PUBLIC NOTICE East,Collier County,Florida. [PUDA-PL20140002040j ll11I■011.111IMIIN in the matter of PUBLIC NOTICE 11 111: it was published in said newspaper 1 time i _ on May 1, 2015. LOCATION _-- _ � ' i.," . 1 16.Affiant further says that the said Naple - � published at Naples, in said Collier Coun newspaper has heretofore been continuotxi County, Florida; distributed in Collier an f each day and has been entered as second -II office in Naples, in said Collier County, I All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE year next preceding the first publication will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier advertisement; and affiant further says the County Government Center, 3299 East Tamiami Trail, Suite #401, Naples, FL, one week prior to the scheduled hearing. Written comments must be filed with the Zoning Division, prior to promised any person, firm or corporation Thursday,May 21st,2015. . commission or refund for the purpose of publication in the said news pa r. If a person decides to appeal any decision made by the Collier County Planning Commission p with respect to any matter considered at such meeting or hearing, he will need a record of (./ .�" , that proceeding, and for such purpose he 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. (Signature-of affiant) If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami SW011 to and subscribed before me Trail East, Suite#101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the T"y,�� 7th day of May, 41 meeting. Assisted listening devices for the hearing impaired are available in the Board of County,.....0.__ Y' y y, Commissioners Office. r_.:0/.,...,, Collier County Planning Commission �� '� i � Mark Strain,Chairman (Signature of notary public) No.231121324 May 1.2015 - ,z-:..: #1 Notary Public_ ORA ;>; = Commission# FFe18 Florida , „os �°��_• My Comm.Expires Dec?862018 Banded through National Notary Assn CCPC June 4, 2015 PUDA-PL20140000867 Lane Park PUD 98 MAy 1, 2015 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, May 15, 2015 , and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154356 Account Number: 068779 t�n Authorized Designee signature for CCPC Advertising NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., on Thursday, June 4, 2015, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27±acres; and by providing an effective date. (PUDA-PL20140000867) (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing.Written comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday, June 4, 2015. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman AIRPORT-PULLING ROAD [-Li y57) C rm G7 Dx OZ � Z 0 O > 0 —1 K0 73 C(J) -< M 7j Z W o c 1- m 0 > m 0 m D < xO 0 7) m m * * -p r 0 0 D o \ m LIVINGSTON ROAD 0o O r 71 D O > co - O m 0 0 M\c°73 ° K 0) LEAWOOD LAKES ' > O OSPREYS A z LANDING 7:: D w WHITTENBERG z ri 0 ° WHITTENBERG O ESTATES n DO O .-. gym � -� L m xi 0 o f7l z X in 0 Z N 0 cri �� rn co �� _ 55 01 Vim = 0T�(n m m .� m Ammor Acct #068779 May 1, 2015 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PUDA-PL20140000867, Lane Park PUD (Display Ad) Dear Legals: Please advertise the above referenced notice on Friday, May 15, 2015 and kindly send the Affidavit of Publication, in triplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154356 May 1, 2015 Collier County Planning Commission Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, May 15, 2015, and furnish proof of publication to the attention of the Board's Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Services Section FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500154356 Account Number: 068779 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., Thursday, June 4, 2015 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL, to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. IPUDA-PL201400008671 (insert map) All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Collier County Government Center, 3299 Tamiami Trail East, Fourth Floor, Suite 401, Naples, FL 34112, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Zoning Division of the Growth Management Department. Written comments must be filed with the Clerk to the Board's Office prior to Thursday,June 4, 2015, to be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman II I r AIRPORT-PULLING ROAD �� \ m (C.R. 31 ) [1___ D \CO ij: > 7 D 73 Oz z mom o o w -I D C7 zm � � - 7) Z W o C 1- m 0 D rm * K D (n C D O pi D <7O o O o x m r 0 0 D D Z < o r—iixrn LIVINGSTON ROAD co O _ r D -11 D CO I 0 m 0 MAPLED r K CA CD D ___ O OSPREYS A z LANDING - K w N D D WHITTENBERG r 0)1 r- WHITTENBERG ESTATES 0 S:), al 0 co --I -D I - T. m 0 m � xz O O z 7 n m OD Z H N 0 cn � A ( � ( ^DTI - m I 0 m m `� m Martha S. Vergara From: Martha S. Vergara Sent: Friday, May 01, 2015 3:27 PM To: Naples Daily News Legals Subject: PUDA-PL20140000867 Lane Park PUD Attachments: PUDA-PL20140000867 Lane Park (6-4-15 CCPC).doc; PUDA-PL20140000867 Lane Park (6-4-15 CCPC).doc; PUDA-PL20140000867 Lane Park (6-4-15 CCPC).pdf Legals, Please advertise the following attached ad Friday, May 15, 2015 (display ad w/map). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara(a�collierclerk.com PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M., Thursday,June 4, 2015 in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL, to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA-PL20140000867] BERKSHIRE LAKES p O �5 (DRI) T_.. BRIAR WOOD 31 37 L PROGENY ? ( PROJECT BERAKES KSHIRE O CENTER CE LANE I LOCATION (DRI) �_ / PARK a `t j[ RADIO r,/ /SQUARE L RADIO ROAD (C.R.856) - LIEBIG I w SAXON WESTVIEW a MANOR I�PL AZA ISLE -[ REGENCY BRETONNE BERKSHIRE AUS � AU TOH FOXFIRE A -- PARK LAKES SUMMERWOOD (DRI) (ORI) 5 AIRPORT 1 MOON ¢ rc� PLAZA LAKE w SPRINGWOOD is _17; i t -/ (S.R.84) �iw '-"- DAVIS BOULEVARD P, All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Collier County Government Center, 3299 Tamiami Trail East, Fourth Floor, Suite 401, Naples, FL 34112, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division of the Growth Management Department.Written comments must be filed with the Clerk to the Board's Office prior to Thursday, June 4, 2015, to be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman No.231121332 May 15.2015 Martha S. Vergara From: Bonham, Gail Sent: Friday, May 08, 2015 3:38 PM To: Martha S. Vergara; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Cc: Stone, Scott; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Subject: RE: PUDA-20140000867 Lane Park PUD Below is the correct title—the highlighted portion is missing from the advertisement. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. IPUDA-PL201400008671 gait 1Ba.zh.am, Begat Sec'tetwaj OFFICE OF THE COUNTY ATTORNEY 2800 North Horseshoe Drive, Suite 201 Naples, Florida 34104 Telephone- 239.252.2939 gailbonham @col liergov.net Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, May 08, 2015 3:27 PM To: GundlachNancy; RodriguezWanda; AshtonHeidi Cc: StoneScott; BonhamGail Subject: PUDA-20140000867 Lane Park PUD Hello All, Attached is the CCPC ad proof, please review and let me know if any changes are needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Martha S. Vergara From: Gundlach, Nancy Sent: Friday, May 08, 2015 3:39 PM To: Martha S. Vergara Cc: Bellows, Ray; BeasleyRachel Subject: FW: PUDA-20140000867 Lane Park PUD Attachments: NDN231121332.BCC Zoning Dept. Lake Park PUD.051515.pdf Hi Martha, In the future, could you copy Rachael Beasley on our NDN ads? She is going to be doing our ads for us. Thanks so much- Sincerely, Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, May 08, 2015 3:27 PM To: GundlachNancy; RodriguezWanda; AshtonHeidi Cc: StoneScott; BonhamGail Subject: PUDA-20140000867 Lane Park PUD Hello All, Attached is the CCPC ad proof, please review and let me know if any changes are needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board 1 Martha S. Vergara From: Gundlach, Nancy Sent: Friday, May 08, 2015 3:40 PM To: Martha S. Vergara; Rodriguez, Wanda; Ashton, Heidi Cc: Stone, Scott; Bonham, Gail; BeasleyRachel Subject: RE: PUDA-20140000867 Lane Park PUD Hi Martha, The ad looks good. Sincerely, Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach@colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, May 08, 2015 3:27 PM To: GundlachNancy; RodriguezWanda; AshtonHeidi Cc: StoneScott; BonhamGail Subject: PUDA-20140000867 Lane Park PUD Hello All, Attached is the CCPC ad proof, please review and let me know if any changes are needed. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara gcollierclerk.com Martha S. Vergara From: Gundlach, Nancy Sent: Friday, May 08, 2015 3:49 PM To: Martha S. Vergara Cc: Bonham, Gail Subject: RE: PUDA-20140000867 Lane Park PUD Please see Gail's 3:38 email. There is a correction to the ad. Thanks- 114 Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law, visit: Florida's Sunshine Law From: GundlachNancy Sent: Friday, May 08, 2015 3:40 PM To: Martha S. Vergara; RodriguezWanda; AshtonHeidi Cc: StoneScott; BonhamGail; BeasleyRachel Subject: RE: PUDA-20140000867 Lane Park PUD Hi Martha, The ad looks good. Sincerely, Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning& Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 1 Martha S. Vergara From: Martha S. Vergara Sent: Friday, May 08, 2015 3:56 PM To: Bonham, Gail; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Cc: Stone, Scott; Gundlach, Nancy; Rodriguez, Wanda Subject: RE: PUDA-20140000867 Lane Park PUD Thanks for the update.. we weren't aware of any changes to the Ordinance title. From: Bonham, Gail Sent: Friday, May 08, 2015 3:38 PM To: Martha S. Vergara; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Cc: Stone, Scott; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Subject: RE: PUDA-20140000867 Lane Park PUD Below is the correct title - the highlighted portion is missing from the advertisement. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.271 acres; and by providing an effective date. [PUDA-PL20140000867] gait !Bonham, Regal Sevtetauj OFFICE OF THE COUNTY ATTORNEY 2800 North Horseshoe Drive, Suite 201 Naples, Florida 34104 Telephone - 239.252.2939 gailbonham(cr�colliergov.net Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Friday, May 08, 2015 3:27 PM To: GundlachNancy; RodriguezWanda; AshtonHeidi Cc: StoneScott; BonhamGail Subject: PUDA-20140000867 Lane Park PUD Hello All, t Martha S. Vergara From: Martha S. Vergara Sent: Friday, May 08, 2015 3:55 PM To: Polidora, Carol (carol.polidora @naplesnews.com) Subject: Revision Request for Ad #231121332 - BCC Zoning Dept.Lake Park PUD Proof for 051515 Attachments: NDN231121332.BCC Zoning Dept. Lake Park PUD.051515.pdf Carol, The legal department has requested the following highlighted area to be added to the ad: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. 1PUDA-PL201400008671 Thanks, Martha From: Polidora, Carol [mailto:carol.polidora©naplesnews.com] Sent: Friday, May 08, 2015 3:20 PM To: Martha S. Vergara Subject: #231121332 - BCC Zoning Dept.Lake Park PUD Proof for 051515 Hi Martha! 1 Martha S. Vergara From: Rodriguez, Wanda Sent: Friday, May 08, 2015 4:27 PM To: Martha S. Vergara Cc: Stone, Scott; Gundlach, Nancy; Ashton, Heidi; BeasleyRachel; Bonham, Gail Subject: RE: PUDA-20140000867 Lane Park PUD Attachments: NDN231121332.BCC Zoning Dept. Lake Park PUD.051515.pdf Martha, Our apologies for the oversight. The ordinance title was updated around the same time as the original ad request went to you, and we missed it in our review of the ad request. Please ask the NDN to add the highlighted language to the ordinance title. Other than that change, the rest of the ad looks fine. lh'anda Rodrrltuez, .:1('P .advanced Certified 'Paralegal Offici' of the County .:'lt tO het (239) 252-84uO From: Martha S. Vergara [mailto:Martha.Vergara©collierclerk.com] Sent: Friday, May 08, 2015 3:56 PM To: BonhamGail; GundlachNancy; RodriguezWanda; AshtonHeidi Cc: StoneScott; GundlachNancy; RodriguezWanda Subject: RE: PUDA-20140000867 Lane Park PUD Thanks for the update.. we weren't aware of any changes to the Ordinance title. From: Bonham, Gail Sent: Friday, May 08, 2015 3:38 PM To: Martha S. Vergara; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Cc: Stone, Scott; Gundlach, Nancy; Rodriguez, Wanda; Ashton, Heidi Subject: RE: PUDA-20140000867 Lane Park PUD Below is the correct title — the highlighted portion is missing from the advertisement. An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 1 Martha S. Vergara From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Tuesday, May 12, 2015 3:36 PM To: Martha S. Vergara Subject: #231121332 -REVISED BCC Zoning Dept.Lake Park Proof for 051515 Attachments: NDN231121332.REVISED.BCC Zoning.Lake Park.051515.pdf Hi Martha! REVISED attached for approval... Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidoraNaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 i a1.1.1 'apt>sNews:. 1 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M.,Thursday,June 4, 2015 in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL, to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA-PL20140000867] 1 BERKSHIRE 1 � LAKES O X 32 z BRIARWOOD 31 ,_- rn 36 PROJECT BERKSHI E U PROGENY COMMERCE LOCATION (DRI) X v CENTER LANE ¢_ PARK RADIO RADIO ROAD (C.R.856) SOUARE t LIEBIG— — • w SAXON'I j a MANOR WFS tVIEW �1 PLA7A S IS S 1 REGENCY / FOXFIRE BREIONNE BERKSHIRE /lam`AUTOHAUS PARK LAKES SUMMERWOOD j^ (DRI) (DRI) AIRPORT MOON 5 PLAZA LAKE SPRINGWOOD � 1- r (S.R,84) _ W DAVIS BOULEVARD •S All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Collier County Government Center, 3299 Tamiami Trail East, Fourth Floor, Suite 401, Naples, FL 34112, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division of the Growth Management Department. Written comments must be filed with the Clerk to the Board's Office prior to Thursday, June 4, 2015, to be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman No.231121332 May 15.2015 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, May 12, 2015 3:47 PM To: Rodriguez, Wanda (WandaRodriguez @colliergov.net); Bonham, Gail (GailBonham @colliergov.net); Ashton, Heidi; Stone, Scott; GundlachNancy (NancyGundlach @colliergov.net) Subject: Revised Lane Park proof Attachments: NDN231121332.REVISED.BCC Zoning.Lake Park.051515.pdf Importance: High Please review and let me know if there are any other changes needed. Thanks, Martha i Martha S. Vergara To: Rodriguez, Wanda Subject: RE: Revised Lane Park proof Thanks Wanda! From: Rodriguez, Wanda Sent: Tuesday, May 12, 2015 4:03 PM To: Martha S. Vergara Cc: Gundlach, Nancy; BeasleyRachel Subject: FW: Revised Lane Park proof Importance: High Looks good to me. Wanda Rodriguez, ACP Advanced C:ert Pied Paralegal- Office of the County Attorney (239) 252-840() From: Martha S. Vergara [mailto:Martha.Vergara @collierclerk.com] Sent: Tuesday, May 12, 2015 3:47 PM To: RodriguezWanda; BonhamGail; AshtonHeidi; StoneScott; GundlachNancy Subject: Revised Lane Park proof Importance: High Please review and let me know if there are any other changes needed. Thanks, Martha Under Florida Law.e-mail addresses are public records If you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 1 Martha S. Vergara From: Gundlach, Nancy Sent: Tuesday, May 12, 2015 4:11 PM To: Martha S. Vergara; Rodriguez, Wanda; Bonham, Gail; Ashton, Heidi; Stone, Scott; BeasleyRachel Subject: RE: Revised Lane Park proof The ad looks good. Sincerely, Nancy Gundlach, AICP, PLA# 1244 Principal Planner, Planning & Zoning Department Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 (239)252-2484 nancygundlach @colliergov.net ATTENTION: Be advised that under Florida's Government-in-the-Sunshine law, information contained within this email becomes public record, unless protected by specific exemption. The law provides a right of access to governmental proceedings and documents at both the state and local levels. There is also a constitutionally guaranteed right of access. For more information on this law,visit: Florida's Sunshine Law From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Tuesday, May 12, 2015 3:47 PM To: RodriguezWanda; BonhamGail; AshtonHeidi; StoneScott; GundlachNancy Subject: Revised Lane Park proof Importance: High Please review and let me know if there are any other changes needed. Thanks, Martha Under Florida Law.e-mail addresses are public records If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead.contact this office by telephone or in writing. 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County NAPLES DAILY NEWS Planning Commission at 9:00 A.M.,Thursday,June 4,2015 in the Board of County Published Daily Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Naples,FL 34110 Trail East, Naples FL,to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida Affidavit of Publicati1 amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square State of Florida footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan Counties of Collier and Lee to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add Before the undersigned they serve as t new environmental developer commitments identifying the permitted preserve appeared Daniel McDermott who on • uses and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the Inside Sale Manager of the Naples Dai southwest quadrant of Market Ave. and Livingston Rd. in Section 36,Township newspaper published at Naples, in Col 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and distributed in Collier and Lee counties' by providing an effective date. [PUDA-PL20140000867] BERKSHIRE LAKES I attached copy of the advertising,being Io 1 I �5 (DR') 32 Z., y BRIARWOOD 31 PUBLIC NOTICE 7 36 Z PROJECT BELAKESE COPROGENY j LOCATION (DM) MMERCE 0 CE NTER LANE in the matter of PUBLIC NOTICE G / RADIO PARK `, RADIO ROAD (C R.856) /SQUARE SAXON was published in said newspaper 1 time LIEBIG I WES VEW J MANOR ,I IEGENCY-PLAZA ISLES BRETONNE BERKSHIRE On May 1�, 2�15. JJJ� FOXRRE PARK LAKES •, AUTOHAUS (ORI) (061) t SUMMERWOOD T------ 5 `AIRPORT 1 MOON MN a a Affiant further says that the said Nap PLAZA SPRINGWOODi < published at Naples, in said Collier Co DAIS BOULEVARD o = i W I newspaper has heretofore been continua County, Florida; distributed in Collier . All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, each day and has been entered as secon Collier County Government Center, 3299 Tamiami Trail East, Fourth Floor, Suite 401, office in Naples, in said Collier County Naples, FL 34112,one week prior to the scheduled hearing.Any questions pertaining year next preceding the first publicatio to the documents should be directed to the Zoning Division of the Growth Management advertisement; and affiant further says 1 Department.Written comments must be filed with the Clerk to the Board's Office prior to Thursday,June 4, 2015,to be read and considered at the public hearing. promised any person, firm or corporati• commission or refund for the purpose o If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will publication in the said newspaper. need a record of that proceeding, and for such purpose he 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. (Signature of affiant) ' " If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, ( located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- Sworn to and bs ribed before me 8380,at least two days prior to the meeting. Assisted listening devices for the hearing This 22"d day O ay, 2015 impaired are available in the Board of County Commissioners Office. e j � 1 Collier County Planning Commission Lap 1� ', 1 �/ Mark Strain, Chairman (Signature of notary public) No.231121332 — May 15.2015 "1O1j,CAROL POLIDORAPOLIDORA ?, Notary Public-State of F lrlda y. 11 : Commission #FF 185630 o-°•• My Comm. Exy-as Dec 28,1018 Bonded through National Notary Assn. m aZ) o -a 3 :4. (.0 z CD CD r CD -<c °-< = a. C D = c -7 o= m O -< = CD irm•I• CD m r -10 -7. 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' .. ^ .x S..`4 - ll'i s/,A + r� y '1 ! 3 TSM: b; 41 c iiisiiii0 t 'hi li,,,,k‘,. e.„.,.., ‘,...,.,,..„,IP •' , ' /. 44!1 It t iI 0 �,. 1 '1 .r" ''''-%taw« 4 ti « t 1 )N m � # 4s 1 ■a �y ,• vx/ �S" o°J a ti ?i; °1 2 h .S:., 'y`- Wy" � $ M1 ' t a 4' '..',4! .4 .'•',1f;',414.'''' ■r'')'4' ;47".!.' ; • !• mini ; ' 1/' '; . 'ti.-- ! !..! ,''''''` '''' ! 1 .....) '. ' a; '� .ts ' Y . '. • .v 7 �L ., ,, . ,.. ...„.., t■it c i tom, ) �. r t` f ; , ,,,... , ,. I! Alt 2 O +� -,. + w.rL'#, ,. .w.. x •*r`°°•y .,-0,.c' n. m T1 m 4- D o (") CLIENT ■ ' REVISIONS t {U PROJECT. m �? DESIGNED BY O W ° -1q DE LANE PARK RADIO ROAD JOINT AER � ° �;� VENTURE DRAwr1 Br Z 0 \ 2950 IMMOKALEE ROAD, KLW .mm - ------ '-� CHECKED BV: c SUITE 2 O T DAV IRD RQN c 'SHEET TITLE: NAPLES,FL 34110 D) x , ood 4365 Redo Road,Suite Naples,Ronda 3410401 BASIN 7 IN SFWMD ERP#11-00212-S 239-596-9500 PROJECTNO.: 0) ' 0 F - P'.239.434.6060 F:239.434.6084 13-0066 6/2014 FIRST SUBMITTAL (f . J Company cad.W A Ifl Cal on No.00009496 REV. WTE. DESCRIPTOR J O co O NJ O 03 O 6A » Friday, May15,2015 )) NAPLES DAILY NEWS PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00 A.M.,Thursday,June 4,2015 in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Tamiami Trail East, Naples FL,to consider: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36,Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres;and by providing an effective date. [PUDA-PL20140000867] BERKSHIRE � LAKE$ QO .l5 (DRI) IC O y BRIARWOOD 31 32 ; 36 PROJECT BERKSHIRE U PROGENY Ov COMERCE LOCATION (DRI) LANE K PARK N / RADIO RE RADIO ROAD (C.R.856) MIA?RE LIEBIG I l9[ w SAXON .J-WESTViEW I MANOR - PLAZA 8 TNT REGENCY / BRETONNE BERKSHIRE FOXFIRE PARK LAKES AUTOHAUS S (DRI) (DRI) UMMERWOOD ,AIRPORT 1 MOON 5 PLAZA LAKE 5 wm �7 /SP/RINGGWOOD EF (S.R.84) S W DAVIS BOULEVARD `S All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCE will be made available for inspection at the Collier County Clerk's Office, Collier County Government Center, 3299 Tamiami Trail East, Fourth Floor, Suite 401, Naples, FL 34112,one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Zoning Division of the Growth Management Department.Written comments must be filed with the Clerk to the Board's Office prior to Thursday,June 4,2015,to be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he 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. • If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252- 8380,at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Collier County Planning Commission Mark Strain, Chairman No.231121332 May 15.2015 CCPC 5-21 —1 5 LDC AMENDMENTS UIQ, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS O I To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement ❑ Other: (Display A.dv_,location,etc.) *****,****.**,*********************************************************************************************** Originating Dept/Div: Operations and Regulatory Management Person:Caroline Cilek,LDC Manager Date:Tuesday,April 29, 2015 Petition Na.(If none,give brief description): N/A Petitioner: (Name&Address): N/A Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other: CCPC Requested Bearing date: Thursday,May 21,2015 Notice to run:Friday,May 8,2015 Notice to run not later than: Monday,May 11,2015 Newspaper(s)to be used: (Complete only if important): X Naples Daily News ❑ Other X Legally Required Proposed Text: (Include Title of the Ordinance/Resolution(or just write in see attached document),legal description,common location& size): Please see attached legal ad. Please publish the following public notice and map in your edition on Friday, May 8, 2015. Please furnish proof of publication of each advertisement to the Collier County Growth Management Department, Division of Zoning and Land Development Review,2800 North Horseshoe Drive, Naples, Florida 34104,Attention: Caroline Cilek Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? ❑Yes ❑ No If Yes,what account should be charged for advertising costs: Department: Land Development Services,Zoning Review Section;Fund&Cost Center: 131-138909-634999;Purchase Order Number:4500146076; Account Number: 068779 P.O.#4500146076 Reviewed by: Division Administrator or Designee Date List Attachments: Legal Ad.Proposed Ordinance to be furnished closer to the hearing date. DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE pitu.Ynn Date Received: lJ "tSDate of Public hearing: 5'$)-1-15 Date Advertised: 5-—[ Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, April 30, 2015 8:10 AM To: 'FrantzJeremy'; Rodriguez, Wanda Subject: RE: Legal Ad for CCPC May 21st mtg. to run on 5/8/15 Hi Jeremy! We received your ad. I'll send a proof for everyone's review a.s.a.p., most likely that will be early next week. Thank you Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: FrantzJeremy [mailto:JeremyFrantz @colliergov.net] Sent: Wednesday, April 29, 2015 5:01 PM To: Minutes and Records Cc: Ashton, Heidi; Stone, Scott; Rodriguez, Wanda; Neet, Virginia; Lang, Ashley; Cilek, Caroline Subject: Legal Ad for CCPC May 21st mtg. to run on 5/8/15 Hi Minutes and Records, Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Please let me know if you have any questions. Thank you! Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 1 April 28, 2015 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following public notice and map in your edition on Friday, May 8, 2015. Please furnish proof of publication of each advertisement to the Collier County Growth Management Department, Division of Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Caroline Cilek. NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, May 21, 2015, at 9:00 a.m., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The title of the proposed ordinance is as follows: 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, 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; 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 5.06.04 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; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman V I Q Collier County Florida ,ii. Cr..1 Acct #068779 April 30, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: LDC Amendments (Display Ad w/Map) Dear Legals: Please advertise the above referenced notice (w/Map) Friday, May 8, 2015 and send duplicate Affidavits of Publication, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500146076 April 30, 2015 Naples Daily News 1100 Immokalee Road Naples, FL 34110 ATTENTION: LEGAL ADVERTISING Please publish the following Advertisement (w/Map) on Friday, May 8, 2015, and furnish proof(s) of publication to the attention of the Board Minutes and Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, May 21, 2015, at 9:00 a.m., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The title of the proposed ordinance is as follows: 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, 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; 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 5.06.04 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; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman ._ lir ilbil Q Coilkr County Florida IN ball 'rile iiii o IP to 'k. o iL411' 4. IC k ----EVERGMCSCITY Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, April 30, 2015 9:15 AM To: Naples Daily News Legals Subject: LDC Amendments Display Ad (w/MAP) Attachments: LDC Amendments (5-21-15 CCPC).doc; LDC Amendments (CCPC 5-21-15) .doc; LDC Amendments (5-21-15 CCPC).pdf Good Morning, Please advertise the attached Notice (w/MAP) on Friday, May 8, 2015. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) Ann P. Jennejohn From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Friday, May 01, 2015 1:31 PM To: Ann P.Jennejohn Subject: #231121326 - BCC Zoning.LDC Amendments Proof for 050815 Attachments: NDN231121326.BCC Zoning Dept.LDC Amendments.050815.pdf Hi Ann! Please provide approval ASAP for publication on 05.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples atill News PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, May 21, 2015, at 9:00 a.m., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The title of the proposed ordinance is as follows: 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, 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; 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 5.06.04 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;SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. caner County Florida ' ism 44. 411,1„ 'f-_ All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department,2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman No.2311326 May 8.2015 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, May 04, 2015 8:31 AM To: FrantzJeremy (JeremyFrantz @colliergov.net); Rodriguez, Wanda Subject: LDC Amendments Notice (CCPC 5-21-15) Attachments: NDN231121326.BCC Zoning Dept.LDC Amend ments.050815.pdf Good Morning, Please review the attached notice that will be published this Friday, May 8th for the Planning Commission's Meeting on May 21st and send an approval and/or any changes a.s.a.p. Thank you © Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:carol.polidora @naplesnews.com] Sent: Friday, May 01, 2015 1:31 PM To: Ann P. Jennejohn Subject: #231121326 - BCC Zoning.LDC Amendments Proof for 050815 Hi Ann! Please provide approval ASAP for publication on 05.08.15. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 239-325-1251 E: cpolidora(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Na Pin fait NewS NapiesNews.corn Ann P. Jennejohn From: Rodriguez, Wanda Sent: Monday, May 04, 2015 1:28 PM To: Ann P.Jennejohn Cc: FrantzJeremy; Cilek, Caroline Subject: re: LDC Amendments Notice (CCPC 5-21-15) Attachments: NDN231121326.BCC Zoning Dept.LDC Amendments.050815.pdf Ann, A revision is needed. On the eighth line of the title, the line "SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS" should be removed. Otherwise it looks good. Wanda Rodriguez, ACP .Advanced Certified Paralegal Office of the County.Attorney (239)252-8400 From: FrantzJeremy Sent: Monday, May 04, 2015 1:20 PM To: RodriguezWanda Cc: CilekCaroline Subject: RE: LDC Amendments Notice (CCPC 5-21-15) Hi Wanda, The amendment to 2.03.06 Planned Unit Developments been removed. Here is the revised Ad. Thanks, Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Sent: Monday, May 04, 2015 8:31 AM To: FrantzJeremy; RodriguezWanda Subject: LDC Amendments Notice (CCPC 5-21-15) Good Morning, Please review the attached notice that Ann P. Jennejohn From: Ann P.Jennejohn Sent: Monday, May 04, 2015 2:17 PM To: 'Polidora, Carol' Subject: RE: #231121326 - BCC Zoning.LDC Amendments Proof for 050815 Hi Carol, Sorry one small change to this ad running on Friday Please remove "SECTION 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, " NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday,May 21,2015,at 9:00 a.m.,in the Board of County Commissioners Meeting Room,3rd Floor,Building"F,"Collier County Government Center,3299 Tamiami Trail East,Naples, Florida 34112,the Collier County Planning Commission will consider amendments to the Collier County Land Development Code.The title of the proposed ordinance is as follows: 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 2.03.06 PLANNED UNIT DEVELOPMENT DISTRICTS, 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; 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 5.06.04 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; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 1 Ann P. Jennejohn From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Thursday, May 07, 2015 10:03 AM To: Ann P.Jennejohn Subject: FW:#231121326 - REVISED BCC Zoning.LCD Amendments.050815 Attachments: NDN231121326.REVISED.BCC Zoning Dept.LCD Amendments.050815.pdf Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpo!idora(a)NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples aailll News m From: Polidora,Carol Sent:Thursday, May 07, 2015 9:59 AM To: 'Ann P.Jennejohn' Subject:#231121326- REVISED BCC Zoning.LCD Amendments.050815 Hi Ann! REVISED attached for approval. Thanks! Carol Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidorac NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples Bath; s PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, May 21, 2015, at 9:00 a.m., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112, the Collier County Planning Commission will consider amendments to the Collier County Land Development Code. The title of the proposed ordinance is as follows: 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; 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 5.06.04 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; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. jai=� carte County Florida hli■i III1a All interested parties are invited to appear and be heard. Copies of the proposed amendment are available for public inspection in the Zoning and Land Development Review Section, Growth Management Department, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government Center, East Naples, one week prior to the scheduled hearing. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Collier County Planning Commission Mark Strain, Chairman No.2311326 May 8.2015 Ann P. Jennejohn From: FrantzJeremy <JeremyFrantz @colliergov.net> Sent: Thursday, May 07, 2015 10:38 AM To: Ann P.Jennejohn; Rodriguez, Wanda Cc: Cilek, Caroline Subject: RE: REVISED LDC Amendments Notice (May 21, 2015 CCPC Meeting) Revision looks good on my end. Thank you! Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, May 07, 2015 10:30 AM To: RodriguezWanda; FrantzJeremy Subject: REVISED LDC Amendments Notice (May 21, 2015 CCPC Meeting) Good Morning! The revised LDC Notice (after removing reference to "Section 2.03.06 Planned Unit Development Districts") that will be advertised tomorrow, May 8, for the May 21 CCPC Meeting is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) From: Polidora, Carol [mailto:carol.polidora @naplesnews.com] Sent: Thursday, May 07, 2015 10:03 AM To: Ann P. Jennejohn Subject: FW: #231121326 - REVISED BCC Zoning.LCD Amendments.050815 Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F. 239-325-1251 E: cpolidora @NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Ann P. Jennejohn From: Rodriguez, Wanda Sent: Thursday, May 07, 2015 10:50 AM To: Ann P.Jennejohn Cc: Cilek, Caroline; FrantzJeremy Subject: RE: REVISED LDC Amendments Notice (May 21, 2015 CCPC Meeting) Looks good to me too, thanks! 'Wanda Rodriguez, ACP Advanced Certified Paral gaC Office of the County Attorney (239)252-8400 From: FrantzJeremy Sent: Thursday, May 07, 2015 10:38 AM To: Ann P. Jennejohn; RodriguezWanda Cc: CilekCaroline Subject: RE: REVISED LDC Amendments Notice (May 21, 2015 CCPC Meeting) Revision looks good on my end. Thank you! Jeremy Frantz Planner Land Development Code Section Collier County Growth Management Department 2800 N. Horseshoe Dr., Naples, FL 34104 (239) 252-2305 From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Thursday, May 07, 2015 10:30 AM To: RodriguezWanda; FrantzJeremy Subject: REVISED LDC Amendments Notice (May 21, 2015 CCPC Meeting) Good Morning! The revised LCC Notice (after removing reference to "Section 2.03.06 Planned Unit Development Districts") that will be advertised tomorrow, May 8, for the May 21 CCPC Meeting is attached for your review and final approval. Thank you! Ann Jennejohn, Deputy Clerk 1 Ann P. Jennejohn From: Polidora, Carol <carol.polidora @naplesnews.com> Sent: Thursday, May 07, 2015 11:03 AM To: Ann P.Jennejohn Cc: Gori, Ivonne Subject: RE: #231121326 - REVISED BCC Zoning.LCD Amendments.050815 Thanks Ann! Released... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora(c�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Nape Bad News From:Ann P.Jennejohn [mailto:Ann.Jennelohn @collierclerk.com] Sent:Thursday, May 07, 2015 10:52 AM To: Polidora, Carol Subject: RE:#231121326- REVISED BCC Zoning.LCD Amendments.050815 Looks great Carol, thank you for making that change! Please publish tomorrow, May 8, 2015. Thanks again, Ann From: Polidora, Carol [mailto:carol.polidora @ naplesnews.com] Sent: Thursday, May 07, 2015 10:03 AM To: Ann P. Jennejohn Subject: FW: #231121326 - REVISED BCC Zoning.LCD Amendments.050815 Would be nice if I included the attachment... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F. 239-325-1251 E: cpolidora(a�NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Naples a� s From: Polidora, Carol Sent:Thursday, May 07, 2015 9:59 AM 1 NOTICE OF INTENT TO CONSIDER ORDINANCE NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on Thursday, May 21,2015, at 9:00 a.m., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida 34112,the Collier County Planning Commission will NAPLES DAILY NEWS consider amendments to the Collier County Land Development Code.The title of the proposed Published Daily ordinance is as follows: Naples,FL 34110 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41,AS AMENDED,THE COLLIER COUNTY Affidavit of Publican 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 State of Florida OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION Counties of Collier and Lee 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 Before the undersigned they serve as STANDARDS, SECTION 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC eared Daniel McDermott who on ( VEGETATION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING appeared SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS Inside Sale Manager of the Naples Da AND STRUCTURES, SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.06.02 BUFFER REQUIREMENTS, SECTION 4.06.05 GENERAL LANDSCAPING newspaper published at Naples, in Co REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER 5 - SUPPLEMENTAL distributed in Collier and Lee COUntle; STANDARDS, INCLUDING SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION- . attached copy of the advertising, been, MAKING PROCEDURES,INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS,SECTION 10.02.06 REQUIREMENTS FOR PERMITS,SECTION T 10.02.07 REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION PUBLIC NOTICE 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS;APPENDIX A-STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR,CONFLICT AND SEVERABILITY;SECTION FIVE,INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;AND SECTION SIX,EFFECTIVE DATE. in the matter of PUBLIC NOTICE was published in said newspaper 1 tin _ on May 8, 2015. � * `� Collier Florida county Fl Affiant further says that the said Na ... mom published at Naples, in said Collier CI Vim ar newspaper has heretofore been-contin g .,,,a wed County, Florida; distributed in Collie] "m a each day and has been entered as sect = -4.�,.... • office in Naples, in said Collier Coun !, year next preceding the first publicati T''�'..•.. _ advertisement;and affiant further say: All interested parties are invited to appear and be heard. Copies of the proposed amendment promised any person, firm or corporal are available for public inspection in the Zoning and Land Development Review Section,Growth Management Department,2800 N.Horseshoe Drive,Naples,Florida,between the hours of 8:00 commission or refund for the purpose A.M. and 5:00 P.M., Monday through Friday. Furthermore, materials will be made available for publication in the said newspaper. inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401,Collier County Government / Center,East Naples,one week prior to the scheduled hearing. 1\____C -- If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please (Signature)of affiant) contact the Collier County Facilities Management Division,at 3335 Tamiami Trail East,Suite 101, Naples,FL 34112-5356,(239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioner's Office. Si111 to and subscribed before me Collier County Planning Commission T r' 13th day of May, Ol 5 Mark Strain,Chairman / 1 I May No.2311326 Ma 8,2015 /I � 0 _ CAROL FOL"' (Signature of notary publi•, ' ,,,,,,!,,,,, State Or lrida t ,�, Commission# t s; lit`• My Comm.Expires Dec 28,2018. ti, -';'o> °�` Bonded through H�ional Note`/ a) CD D -0 a cQ CD -< CD 0 = -v O .. 0. co a C/) CO R 0) n M 20 ■CD - p r- O r- p 2 M p 0 n 2 r 0 0° m 0 3 com O mz 0 "' mz `� 0 Mw0 -1zz7.<1 —1 O m 0 rlr'1 m -zi -I m 2 m m 00 = Timm '� '' p 0 zm M Ozz r. -n 0 M rn > 0 07; 0o c m -< z r do � =gym g TW --" O nD Z =i83Oo cZ z „ 2 -< w -1 0W C = zccz ■ 0. i = 02 rn 0DD . Q- o ' m 00 , m - > I Cp c 0 -i pp m D Cl) s co 2 O � � m �' — � mz n �' r m O m — o m T '-, -1-^ m 3 O � 0 0 mn � ( ( m oo n DJ-n --I z0 . (a 0 r ) O 0 +OZ o m 1z m II Do 0•�. c m-1 � � �' = gym v 0 O IoW Z mzr O r O o 0 O 4, = OO > 7o a ( U\ D - m z � Z � mz �- 0 * m D zoo --I D 0 'v D m n t e_. r- 7 Oomxi ril o33 a map m o� p oo �( u = m0 m c9 _ � 0 Z < z acc, > O -I m > p -1 i r mO Dm Z � 0P xi z r KOo a o .0 m m W 0 2° - C 0 -1 -1 007 i� - � m = Oct cn C') -< 0 D 5 Cotter County Growth Management Division 2015 Land Development Code Amendments Cycle 1 Collier County Planning Commission Meeting June 4th, 2015 t x.; Collier County Planning Commission Thursday,June 4, 2015 2015 Land Development Code Amendments—Cycle 1 Please note: Changes to the LDC amendments are highlighted in yellow. 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 among other changes. Environmental Amendments 2 LDC Section 10.02.06 Revise the agricultural clearing permit provisions. All other Amendments 3 LDC Section 4.08.07 No change to the LDC amendment, only a vote is needed. 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. 4 LDC Section 4.06.02; Jeff Wright, Director of Code Enforcement, will present information 4.06.05; 5.06.04 regarding this amendment. Amend the landscaping and commercial signage provisions to allow for improved visibility. 5 LDC Section 10.03.06 This is a companion item to the Privately Initiated Amendment Identify that a NIM is required for a SRA Amendment. 6 Appendixes Add Performance Bond Templates to the Appendixes. CCPC - Page 1 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: Include a cross reference to the Public Notice and Required Hearings section in the LDC within the SRA application review process provisions. 2. 4.08.07 F.4: Adding substantial and insubstantial amendment types; adding "Modifications to the street cross section pursuant to LDC sections 6.06.01 N and 10.02.04 A.5"to the existing minor change section. The cross references identified are existing LDC provisions that allow for administrative modifications to street cross sections on a case by case basis. In addition, notice provisions are established in LDC section 10.03.06 M, a subsection for SRA designations and amendments, to address the SRA substantial and insubstantial hearing procedures. See the related LDC amendment—LDC section 10.03.06 Public Notice and Required Hearings for Land Use Petitions. 3. 4.08.07 H.2.1; 4.08.07 J.1.b; and 4.08.07 Jib- 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. See Attachment 1, page 7 of 19. 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. 4.07.08 J.2.d.iii.i: Proposing to modify the minimum street requirements within the Town Design Criteria, Context Zone,Neighborhood General provisions to allow for proposed Figure 6A Street Cross Section. 6. 4.08.07 J.8: Allowing for deviations from the LDC in the SRA document or any amendments thereto. 7. 4.08.07 L: Amending the requirements for a SRA Economic Assessment and removing the requirement for the report to be provided at the end of each phase or every five years. Further, the Monitoring Requirement is also being deleted. CCPC - Page 2 REASON: 1. 4.08.07 E.7: To address all of the public notice requirements for the proposed new procedures, a cross reference to the public notice and required public hearings section has been included. Further,the during the amendment process to the Town of Ave Maria 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 amendment proposes two new amendment types, a SRA substantial change and a SRA insubstantial change. The changes will allow applicants to submit for changes to the original Development Document and request deviations through a public hearing process. The proposed language is modeled after the existing LDC provision applicable to PUD's. The notice requirements are identified in 10.03.06 M. 3. 4.08.07 H.2.1; 4.08.07 J.1.b; and 4.08.07 J.1.b- Figures: 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 and are allowing for deviations to be requested as part of the SRA amendment process. 4. 4.08.07 J.2.a.xiii and 4.08.07 J.2.a.xiv: Currently, the LDC provides that unless a deviation is requested prior to the first Development Document is submitted, a deviation cannot be requested even through a SRA amendment. The need for deviations to the Architectural and site design standards as well as the landscaping, buffering and vegetation retention standards cannot always be determined at the time the SRA Development Document is originally approved. We are allowing for deviations to be requested as part of the SRA amendment process. 5. 4.07.08 J.2.d.iii.i: This section has been modified to allow proposed Figure 6A Street Cross Section to meet the minimum street requirements within the Town Design Criteria, Context Zone,Neighborhood General provisions. 6. 4.08.07 J.8: The deleted language is confusing and does not allow for necessary deviations. 7. 4.08.07 L: Staff and the BCC agree that a Fiscal Impact Analysis Model (FIAM) model and the 5 year review are unnecessary requirements. Therefore, related provisions, such as the Monitoring Requirement have been deleted. The proposed language will allow for the applicant to develop an alternative fiscal impact model using a model that is approved by the County. FISCAL & OPERATIONAL IMPACTS: N/A RELATED CODES OR REGULATIONS: None. CCPC - Page 3 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Amend the LDC as follows: 1 4.08.07 - SRA Designation 2 SRA designation is intended to encourage and facilitate uses that enable economic prosperity 3 and diversification of the economic base of the RLSA District, and encourage development that 4 utilizes creative land use planning techniques and facilitates a compact form of development to 5 accommodate population growth by the establishment of SRAs. Stewardship Credits generated 6 from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on 7 a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be 8 increased beyond the Baseline Standards except through the provisions of the Stewardship 9 Credit System, the affordable housing density Bonus as referenced in the density Rating 10 System of the FLUE, and the density and intensity blending provision of the Immokalee Area 11 Master Plan. The procedures for the establishment and transfer of Credits and SRA designation 12 are set forth herein. Credits can be transferred only to lands within the RLSA District that meet 13 the defined suitability criteria and standards set forth herein. Land becomes designated as an 14 SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.07 15 D.11. Any change in the residential density or non-residential intensity of land use on a parcel 16 of land located within an SRA shall be specified in the resolution, which shall reflect the total 17 number of transferable Credits assigned to the parcel of land. 18 A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned 19 lands within the RLSA District that meet the suitability criteria contained herein may be 20 designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or 21 WRA, or lands already designated as an SSA. WRAs may be located within the 22 boundaries of an SRA and may be incorporated into an SRA Master Plan to provide 23 water management functions for properties within such SRA, subject to all necessary 24 permitting requirements. 25 1. Suitability Criteria. The following suitability criteria are established to ensure 26 consistency with the Goals, Objectives, and Policies of the RLSA Overlay. 27 a. An SRA must contain sufficient suitable land to accommodate the 28 planned development. 29 b. Residential, commercial, manufacturing/light industrial, group housing, 30 and transient housing, institutional, civic and community service uses 31 within an SRA shall not be sited on lands that receive a Natural Resource 32 Index value of greater than 1.2. 33 c. Conditional use essential services and governmental essential 34 services, with the exception of those necessary to serve permitted uses 35 and for public safety, shall not be sited on land that receives a Natural 36 Resource Index value of greater than 1.2, regardless of the size of the 37 land or parcel. 38 d. Lands or parcels that are greater than one acre and have an Index Value 39 greater than 1.2 shall be retained as open space and maintained in a 40 predominantly natural vegetated state. 41 e. Open space shall also comprise a minimum of thirty-five percent of the '-- 42 gross acreage of an individual SRA Town, Village, or those CRDs 43 exceeding 100 acres. Gross acreage includes only that area of CCPC - Page 4 1 development within the SRA that requires the consumption of 2 Stewardship Credits. 3 f. As an incentive to encourage open space, open space on lands within 4 an SRA located outside of the ACSC that exceeds the required thirty-five 5 percent retained open space shall not be required to consume 6 Stewardship Credits. 7 g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into 8 such areas, and shall buffer such areas as described in Section 4.08.07 9 J.6. An SRA may be contiguous to, or encompass a WRA. 10 h. The SRA must have either direct access to a County collector or arterial 11 road or indirect access via a road provided by the developer that has 12 adequate capacity to accommodate the proposed development in 13 accordance with accepted transportation planning standards. 14 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to 15 limitations on the number, size, location, and form of SRA described herein. 16 Nothing within this Section shall be construed as an exemption of an SRA from 17 any and all limitations and regulations applicable to lands within the ACSC. 18 Lands within the ACSC that meet all SRA suitability criteria shall also be 19 restricted such that credits used to entitle an SRA in the ACSC must be 20 generated exclusively from SSAs within the ACSC. No early entry bonus credits 21 can be used to entitle an SRA within the ACSC. 22 a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee 23 Slough shall be Hamlets and CRDs of 100 acres or less and the only 24 forms of SRA allowed in the ACSC west of the Okaloacoochee Slough 25 shall be Villages and CRDs of not more than 300 acres and Hamlets. 26 Provided, however, two SRAs, consisting of any combination of Villages 27 or CRDs of not more than 500 acres each, exclusive of any lakes created 28 prior to the effective date of this amendment as a result of mining 29 operations, shall be allowed in areas that have a frontage on State Road 30 29 and that, as of the effective date of the RLSA Overlay, had been 31 predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining 32 or Processing Uses (Layer 3). 33 b. The Town form of an SRA shall not be located within the ACSC. 34 B. Establishment and Transfer of Stewardship Credits. The procedures for the 35 establishment and transfer of Credits and SRA designation are set forth herein. 36 Stewardship Credits will be exchanged for additional residential or non-residential 37 entitlements in an SRA on a per acre basis, as described in Section 4.08.07 B.2. 38 Stewardship density and intensity will thereafter differ from the Baseline Standards. 39 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a 40 manner as provided for herein. 41 a. Stewardship Credits generated from any SSA may be transferred to 42 entitle any SRA, except where the SRA is within the ACSC, in which case 43 only Stewardship Credits that have been generated from an SSA within 44 the ACSC can be used to entitle such SRA. No early entry bonus credits 45 can be used to entitle an SRA within the ACSC. 46 b. Credits can be transferred only to lands within the RLSA that meet the 47 defined suitability criteria and standards set forth herein. 48 c. Stewardship Credits may be transferred between different parcels or 49 within a single parcel, subject to compliance with all applicable provisions 50 of these policies. Residential clustering shall only occur within the RLSA CCPC - Page 5 1 District through the use of the Stewardship Credit System, and other 2 forms of residential clustering shall not be permitted. 3 d. Stewardship Credits may be acquired from any credit holder and 4 transferred to an SRA subject to the limitations contained in this Section. 5 e. Stewardship Credits may be acquired from a Stewardship Credit Trust 6 established pursuant to Section 4.08.04 B., and transferred to an SRA 7 subject to the limitations contained in this Section. 8 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for 9 additional residential or non-residential entitlements in an SRA on a per acre 10 basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an 11 SRA greater than one acre, with Index Values of greater than 1.2, shall be 12 retained as open space and maintained in a predominantly natural, vegetated 13 state. Any such lands within an SRA located outside of the ACSC exceeding the 14 required thirty-five (35) percent shall not be required to consume Stewardship 15 Credits. 16 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use 17 shall not be required to consume Stewardship Credits and shall not count toward 18 the maximum acreage limits of an SRA. For the purpose of this Section, public 19 benefit uses are limited to public schools (preK-12) and public or private post 20 secondary institutions, Post Secondary Institution Ancillary Uses, community 21 parks exceeding the minimum requirement of 200 square feet per dwelling unit, 22 municipal golf courses, regional parks, and governmental facilities excluding 23 essential services as defined in the LDC. 24 4. Mixed Land Use Entitlements. In order to promote compact, mixed use 25 development and provide the necessary support facilities and services to 26 residents of rural areas, the SRA designation and the transfer of the Stewardship 27 Credits allows for a full range of uses, accessory uses and associated uses that 28 provide a mix of services to and are supportive to the residential population of an 29 SRA and the RLSA District. SRAs are intended to be mixed use and shall be 30 allowed the full range of uses permitted by the Urban Designation of the FLUE, 31 as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay 32 Attachment C. Depending on the size, scale, and character of an SRA, it shall be 33 designed to include an appropriate mix of retail, office, recreational, civic, 34 governmental, and institutional uses, in addition to residential uses. 35 C. Forms of SRA developments. SRA developments are a compact form of 36 development, which accommodate and promote uses that utilize creative land use 37 planning techniques. SRAs shall be used to facilitate the implementation of innovative 38 planning and flexible development strategies described in § 163.3177 (11), F.S. and 39 Rule 9J-5.006(5)(1), F.A.C. These planning strategies and techniques are intended to 40 minimize the conversion of rural and agricultural lands to other uses while discouraging 41 urban sprawl, protecting environmentally sensitive areas, maintaining the economic 42 viability of agricultural and other predominantly rural land uses, and, providing for the 43 cost-efficient delivery of public facilities and services. Only the following four specific 44 forms of rural development in SRAs are permitted within the RLSA District. 45 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of 46 housing types and mix of uses. Towns have urban level services and 47 infrastructure which support development that is compact, mixed use, human 48 scale, and provides a balance of land uses to reduce automobile trips and 49 increase livability. Towns shall be not less than 1,000 acres or more than 4,000 50 acres and are comprised of several villages and/or neighborhoods that have 51 individual identity and character. Towns shall have a mixed-use town center that CCPC - Page 6 1 will serve as a focal point for community facilities and support services. Towns 2 shall be designed to encourage pedestrian and bicycle circulation by including an 3 interconnected sidewalk and pathway system serving all residential 4 neighborhoods. Towns shall have at least one community park with a minimum 5 size of 200 square feet per dwelling unit in the Town. Towns shall also have 6 parks or public green spaces within neighborhoods. Towns shall include both 7 community and neighborhood scaled retail and office uses, in a ratio as provided 8 in Section 4.08.07 J.1. Towns may also include those compatible corporate office 9 and light industrial uses as those permitted in the Business Park and Research 10 and Technology Park Subdistricts of the FLUE. Towns shall be the preferred 11 location for the full range of schools, and to the extent possible, schools and 12 parks shall be located adjacent to each other to allow for the sharing of 13 recreational facilities. Towns shall not be located within the ACSC. 14 2. Villages. Villages are primarily residential communities with a diversity of housing 15 types and mix of uses appropriate to the scale and character of the particular 16 village. Villages shall be not less than 100 acres or more than 1,000 acres. 17 Villages are comprised of residential neighborhoods and shall include a mixed- 18 use village center to serve as the focal point for the community's support 19 services and facilities. Villages shall be designed to encourage pedestrian and 20 bicycle circulation by including an interconnected sidewalk and pathway system 21 serving all residential neighborhoods. Villages shall have parks or public green 22 spaces within neighborhoods. Villages shall include neighborhood scaled retail 23 and office uses, in a ratio as provided in Section 4.08.07 J.1. Villages are an 24 appropriate location for a full range of schools. To the extent possible, schools 25 and parks shall be located adjacent to each other to allow for the sharing of 26 recreational facilities. The Village form of rural land development is permitted -- 27 within the ACSC subject to the limitations of Section 4.08.07 A.2. 28 3. Hamlets. Hamlets are small rural residential areas with primarily single-family 29 housing and limited range of convenience-oriented services. Hamlets shall be not 30 less than 40 or more than 100 acres. Hamlets will serve as a more compact 31 alternative to traditional five-acre lot rural subsections currently allowed in the 32 Baseline Standards. Hamlets shall have a public green space for neighborhoods. 33 Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.07 34 J.1. Hamlets may be an appropriate location for pre-K through elementary 35 schools. The Hamlet form of rural land development is permitted within the 36 ACSC subject to the limitations of Section 4.08.07 A.2. 37 4. Compact Rural developments (CRDs). Compact Rural development (CRD) is a 38 form of SRA that will provide flexibility with respect to the mix of uses and design 39 standards, but shall otherwise comply with the standards of a Hamlet or Village. 40 A CRD may include, but is not required to have permanent residential housing 41 and the services and facilities that support permanent residents. Except as 42 described above, a CRD will conform to the characteristics of a Village or Hamlet 43 as set forth in Section 4.08.07 J.1. based on the size of the CRD. As residential 44 units are not a required use, those goods and services that support residents 45 such as retail, office, civic, governmental and institutional uses shall also not be 46 required. However for any CRD that does include permanent residential housing, 47 the proportionate support services listed above shall be provided in accordance 48 with the standards for the most comparable form of SRA as described in Section 49 4.08.07 C.2. or 3. 50 a. Size of CRDs limited. There shall be no more than five (5) CRDs of more 51 than 100 acres in size. CCPC - Page 7 1 b. CRDs within the ACSC. The CRD form of rural land development is ^ 2 permitted within the ACSC subject to the limitations of Section 4.08.07 3 A.2. 4 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the 5 correct proportion of Hamlets and CRDs of 100 acres or less to the number of 6 Villages and Towns approved as SRAs, not more than five (5) of any 7 combination of Hamlets and CRDs of 100 acres or less may be approved prior to 8 the approval of a Village or Town. In order to maintain that same proportion 9 thereafter, not more than five (5) of any combination of Hamlets and CRDs of 10 100 acres or less may approved for each subsequent Village or Town approved. 11 6. SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted 12 as part of a DRI subject to the provisions of§ 380.06, F.S. and the RLSA District 13 Regulations. 14 a. An SRA Designation Application may be submitted simultaneously with a 15 Preliminary development agreement application that occurs prior to a 16 DRI Application for development Approval (ADA). In such an application, 17 the form of SRA development shall be determined by the characteristics 18 of the DRI project, as described in the ADA. 19 b. The DRI may encompass more than a single SRA Designation 20 Application. It is the intent of this Section to allow for the future 21 designations of SRAs within a DRI as demonstrated by the DRI phasing 22 schedule. 23 c. A DRI applicant is required to demonstrate that: 24 (1) The applicant has the necessary Stewardship Credits to entitle 25 the DRI as part of subsequent SRA Designation Applications, or 26 (2) The applicant owns or has a contract with an owner of enough 27 land that would qualify as SSAs to entitle the DRI as part of 28 subsequent SRA Designation Applications, or has the ability to 29 obtain the necessary Stewardship Credits to entitle the entire DRI 30 as part of subsequent SRA Designation Applications. 31 D. SRA Designation Application Package. A Designation Application Package to support a 32 request to designate land(s) within the RLSA District as an SRA shall be made pursuant 33 to the regulations of the RLSA District Regulations. The SRA Application Package shall 34 include the following: 35 1. SRA Designation Application. An application shall be submitted by a landowner 36 or his/her agent, hereafter "applicant," to request the designation of an SRA 37 within the LSA District. The Application shall be submitted to the County manager 38 or his designee, on a form provided. The application shall be accompanied by the 39 documentation as required by this Section. 40 2. Application Fee. An application fee shall accompany the application. 41 3. Natural Resource Index Assessment. An assessment that documents the Natural 42 Resource Index Value scores shall be prepared and submitted as part of the 43 SRA Application. The Assessment shall include an analysis that quantifies the 44 number of acres by Index Values. The Assessment shall: 45 a. Identify all lands within the proposed SRA that have an Index Value 46 greater than 1.2; 47 b. Verify that the Index Value scores assigned during the RLSA Study are 48 still valid through recent aerial photography or satellite imagery or 49 agency-approved mapping, or other documentation, as verified by field 50 inspections. CCPC - Page 8 1 c. If the Index Value scores assigned during the RLSA Study are no longer 2 valid, document the current Index Value of the land. 3 d. Quantify the acreage of agricultural lands, by type, being converted; 4 e. Quantify the acreage of non-agricultural acreage, by type, being 5 converted; 6 f. Quantify the acreage of all lands by type within the proposed SRA that 7 have an Index Value greater than 1.2; 8 g. Quantify the acreage of all lands, by type, being designated as SRA 9 within the ACSC, if any; and 10 h. Demonstrate compliance with the Suitability Criteria contained in Section 11 4.08.07 A.1. 12 4. Natural Resource Index Assessment Support Documentation. Documentation to 13 support the Natural Resource Index Assessment shall be provided for each SRA 14 being designated to include: 15 a. Legal Description, including sketch or survey; 16 b. Acreage calculations of lands being put into the SRA, including acreage 17 calculations of WRAs (if any) within SRA boundary but not included in 18 SRA designation; 19 c. RLSA Overlay Map delineating the area of the RLSA District being 20 designated as an SRA; 21 d. Aerial photograph delineating the area being designated as an SRA; 22 e. Natural Resource Index Map of area being designated as an SRA; 23 f. FLUCFCS map(s) delineating the area being designated as an SRA; 24 g. Listed species map(s) delineating the area being designated as an SRA; 25 h. Soils map(s) delineating the area being designated as an SRA, and; 26 i. Documentation to support a change in the related Natural Resource Index -- 27 Value(s), if appropriate. 28 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the 29 applicant as part of the SRA Application for Designation of an SRA. The SRA 30 Master Plan shall be consistent with the requirements of Section 4.08.07 G. 31 6. SRA Development Document. A Development Document shall be prepared 32 and submitted by the applicant as part of the SRA Application for Designation of 33 an SRA. The SRA Development Document shall be consistent with the 34 requirements of Section 4.08.07 H. 35 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report 36 shall be prepared and submitted by the applicant as part of the SRA Application 37 for Designation a of SRA. The SRA Impact Assessment Report shall address the 38 requirements of Section 4.08.07 K. 39 8. SRA Economic Assessment Report. An Economic Assessment Report shall be 40 prepared and submitted by the applicant as part of the SRA Application for 41 Designation of an SRA. The SRA Economic Assessment Report shall address 42 the requirements of Section 4.08.07 L. 43 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and 44 Reconciliation Application shall be submitted as part of an SRA Designation 45 Application in order to track the transfer of credits from SSA(s) to SRA(s). The 46 Stewardship Credit Use and Reconciliation Application shall be in a form 47 provided by the County Manager, or his designee. The application package shall 48 contain the following: 49 a. The legal description of, or descriptive reference to, the SRA to which the 50 Stewardship Credits are being transferred; CCPC - Page 9 1 b. Total number of acres within the proposed SRA and the total number of r` 2 acres of the proposed SRA within the ACSC (if any); 3 c. Number of acres within the SRA designated "public use" that do not 4 require the redemption of Stewardship Credits in order to be entitled 5 (does not consume credits); 6 d. Number of acres of"excess" open spaces within the SRA that do not 7 require the consumption of credits; 8 e. Number of acres of WRAs inside the SRA boundary but not included in 9 the SRA designation; 10 f. Number of acres within the SRA that consume Credits ; 11 g. The number of Stewardship Credits being transferred (consumed by) to 12 the SRA and documentation that the applicant has acquired or has a 13 contractual right to acquire those Stewardship Credits; 14 h. Number of acres to which credits are to be transferred (consumed) 15 multiplied by eight (8) Credits /acre equals the number of Credits to be 16 transferred (consumed); 17 i. A descriptive reference to one (1) or more approved or pending SSA 18 Designation Applications from which the Stewardship Credits are being 19 obtained. Copies of the reference documents, e.g., SSA Stewardship 20 Credit Agreement, etc., shall be provided, including: 21 (1) SSA application number; 22 (2) Pending companion SRA application number; 23 (3) SSA Designation Resolution (or Resolution Number); 24 (4) SSA Credit Agreement (Stewardship Agreement); 25 (5) Stewardship Credits Database Report. 26 j. A descriptive reference to any previously approved Stewardship Credit 27 Use and Reconciliation Applications that pertain to the referenced SSA(s) 28 from which the Stewardship Credits are being obtained; and 29 k. A summary table in a form provided by Collier County that identifies the 30 exchange of all Stewardship Credits that involve the SRA and all of the 31 associated SSAs from which the Stewardship Credits are being obtained. 32 10. Conditional SRA Designation. If at the time of the approval of the SRA 33 Designation Application, the applicant has not acquired the number of credits 34 needed to entitle the SRA, then the SRA Designation approval shall be 35 conditional. The applicant shall have sixty (60) days from the date of the 36 conditional approval to provide documentation of the acquisition of the required 37 number of Stewardship Credits. If the applicant does not provide such 38 documentation within sixty (60) days, the conditional SRA Designation approval 39 shall be null and void. The Stewardship Credit Use and Reconciliation 40 Application shall be amended to accurately reflect the transfer of credits that 41 occurred following the conditional approval of the SRA. 42 11. SRA Credit Agreement. 43 a. Any applicant for designation of an SRA shall enter into an SRA Credit 44 Agreement with the County. 45 b. The SRA Credit Agreement shall contain the following information: 46 (1) The number of SSA credits the applicant for an SRA designation 47 is utilizing and which shall be applied to the SRA land in order to 48 carry out the plan of development on the acreage proposed in the 49 SRA development Documents. 50 (2) A legal description of the SRA land and the number of acres; CCPC - Page 10 1 (3) The SRA master plan depicting the land uses and identifying the 2 number of residential dwelling units, gross leaseable area of 3 retail and office square footage and other land uses depicted on 4 the master plan; 5 (4) A description of the SSA credits that are needed to entitle the SRA 6 land and the anticipated source of said credits; 7 (5) The applicant's acknowledgement that development of SRA 8 land may not commence until the applicant has recorded an SRA 9 Credit Agreement Memorandum with the Collier County Clerk of 10 Courts; and 11 (6) The applicant's commitments, if any, regarding conservation, or 12 any other restriction on development on any lands, including 13 wetlands, within the SRA, as may be depicted on the SRA Master 14 Plan for special treatment. 15 c. The SRA Credit Agreement shall be effective on the latest of the following 16 dates: 17 (1) The date that the County approves the SRA Application; 18 (2) The date that documentation of the applicant's acquisition of the 19 Stewardship Credits to be utilized for the SRA is found by the 20 County to be sufficient; or 21 (3) Five (5) working days after the date on which the applicant 22 submits documentation of the acquisition of the Stewardship 23 Credits to be utilized, if the County fails to make a sufficiency 24 determination prior to that date. 25 d. Following approval of the SRA Application, the applicant shall record a 26 SRA Credit Agreement Memorandum, which shall include the following: 27 (1) A cross reference to the recorded SSA Credit Agreement 28 Memorandum or Memoranda for the SSA lands from which the 29 credits being utilized are generated and identification of the 30 number of credits derived from each SSA; and 31 (2) a legal description of the SRA lands. 32 e. If the development provided for within an SRA constitutes, or will 33 constitute, a development of regional impact ("DRI") pursuant to § 34 380.06 and 380.0651, F.S., and if the applicant has obtained a 35 preliminary development agreement ("PDA") from the Florida 36 Department of Community Affairs for a portion of the SRA land, the 37 applicant may request the County to enter into a Preliminary SRA Credit 38 Agreement for those Stewardship Credits needed in order to develop the 39 PDA authorized development. Commencement of the PDA authorized 40 development may not proceed until the applicant has recorded a 41 Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA 42 Credit Agreement and Preliminary SRA Credit Agreement shall include 43 the same information and documentation as is required for an SRA Credit 44 Agreement and an SRA Credit Agreement Memorandum. 45 E. SRA Application Review Process. 46 1. Pre-Application Conference with County Staff: Prior to the submission of a formal 47 application for SRA designation, the applicant shall attend a pre-application 48 conference with the County Manager or his designee and other county staff, 49 agencies, and officials involved in the review and processing of such applications 50 and related materials. If an SRA designation application will be filed concurrent 51 with an SSA application, only one pre-application conference shall be required. CCPC - Page 11 1 This pre-application conference should address, but not be limited to, such 2 matters as: 3 a. Conformity of the proposed SRA with the goals, objectives, and policies 4 of the GMP; 5 b. Consideration of suitability criteria described in Section 4.08.07 A.1. and 6 other standards of this Section; 7 c. SRA master plan compliance with all applicable policies of the RLSA 8 District Regulations, and demonstration that incompatible land uses are 9 directed away from FSAs, HSAs, WRAs, and Conservation Lands; 10 d. Assurance that applicant has acquired or will acquire sufficient 11 Stewardship Credits to implement the SRA uses, and; 12 e. Consideration of impacts, including environmental and public 13 infrastructure impacts. 14 2. Application Package Submittal and Processing Fees. The required number of 15 SRA Applications and the associated processing fee shall be submitted to the 16 County Manager or his designee. The contents of said application package shall 17 be in accordance with Section 4.08.07 D. 18 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the 19 SRA Application, the County manager or his designee shall notify the applicant 20 in writing that the application is deemed sufficient for agency review or advise 21 what additional information is needed to find the application sufficient. If required, 22 the applicant shall submit additional information. Within twenty (20) days of 23 receipt of the additional information, the County Manager or his designee shall 24 notify the applicant in writing that the application is deemed sufficient, or, what 25 additional or revised information is required. If necessary, the County Manager -- 26 shall again inform the applicant in writing of information needed, and the 27 timeframe outlined herein shall occur until the application is found sufficient for 28 review. 29 4. Review by County Reviewing Agencies: Once the SRA application is deemed 30 sufficient, the County Manager or his designee will distribute it to specific County 31 review staff. 32 5. Staff Review. Within sixty (60) days of receipt of a sufficient application, County 33 staff shall review the submittal documents and provide comments, questions, and 34 clarification items to the applicant. If deemed necessary by County staff or the 35 applicant, a meeting shall be held to address outstanding issues and confirm 36 public hearing dates. 37 6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, 38 County staff shall prepare a written report containing their review findings and a 39 recommendation of approval, approval with conditions or denial. This timeframe 40 may be extended upon agreement of County staff and the applicant. 41 7. Public notice and required hearings shall be as established in 10.03.06 M. 42 F. SRA Application Approval Process. 43 1. Public Hearings Required. The BCC shall review the staff report and 44 recommendations and the recommendations of the EAC and CCPC, and the 45 BCC shall, by resolution, approve, deny, or approve with conditions the SRA 46 Application only after advertised public notices have been provided and public 47 hearings held in accordance with the following provisions: 48 a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC 49 shall hold one (1) public hearing on a proposed resolution to designate an 50 SRA if such SRA is within the ACSC, or is adjoining land designated as 51 Conservation, FSA, or HSA. CCPC - Page 12 1 b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC 2 shall hold one (1) advertised public hearing on the proposed resolution to 3 designate an SRA. A notice of the public hearing before the CCPC on the 4 proposed resolution shall include a general description and a map or 5 sketch and shall be published in a newspaper of general circulation in the 6 County at least ten (10) days in advance of the public hearing. 7 c. Public Hearing Before the BCC, Resolution Approved. The BCC shall 8 hold one (1) advertised public hearing on the proposed resolution to 9 designate an SRA. A public notice, which shall include a general 10 description and a map or sketch, shall be given to the citizens of Collier 11 County by publication in a newspaper of general circulation in the County 12 at least ten (10) days prior to the hearing of the BCC. The advertised 13 public notice of the proposed adoption of the resolution shall, in addition, 14 contain the date, time and place of the hearing, the title of the proposed 15 resolution and the place within the County where such proposed 16 resolution may be inspected by the public. The notice shall also advise 17 that interested parties may appear at the hearing and be heard with 18 respect to the proposed resolution. 19 2. Update Stewardship Credits Database. Following the effective date of the 20 approval of the SRA, the County shall update the Stewardship Credits Database 21 used to track both SSA credits generated and SRA credits consumed. 22 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the 23 effective date of the approval of the SRA, the County shall update the Official 24 Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be 25 included on the updated maps so as to direct interested parties to the appropriate 26 public records associated with the designation, e.g., Resolution number, SRA 27 Designation Application number, etc. The RLSA Overlay Map shall be updated to 28 reflect the SRA designation during a regular GMP amendment cycle, no later 29 than twelve months from the effective date of the SRA Credit Agreement. 30 4. SRA Amendments. Amendments to the SRA shall be considered in the same 31 manner as described in this Section for the establishment of an SRA, except as 32 follows. 33 a. Waiver of Required SRA Application Package Component(s). A waiver 34 may be granted by the County Manager or his designee, if at the time of 35 the pre-application conference, in the determination of the County 36 Manager or designee, the original SRA Designation Application 37 component(s) is (are) not materially altered by the amendment or an 38 updated component is not needed to evaluate the amendment. The 39 County Manager or designee shall determine what application 40 components and associated documentation are required in order to 41 adequately evaluate the amendment request. 42 b. Substantial changes. Any substantial changes) to an SRA Master Plan 43 or Development Document shall require the review and recommendation 44 of the Planning Commission and approval by the Board of County 45 Commissioners as a SRA amendment prior to implementation. 46 Applicants shall be required to submit and process a new application 47 complete with pertinent supporting data, as set forth in the Administrative 48 Code. For the purpose of this section, a substantial change shall be 49 deemed to exist where: 50 (1) A proposed change in the boundary of the SRA; CCPC - Page 13 1 (2) A proposed increase in the total number of dwelling units or 2 intensity of land use or height of buildings within the 3 development; 4 (3) A proposed decrease in preservation, conservation, recreation or 5 open space areas within the development not to exceed 5 6 percent of the total acreage previously designated as such; 7 (4) A proposed increase in the size of areas used for nonresidential 8 uses, to include institutional, commercial and industrial land uses 9 (excluding preservation, conservation nor open spaces), or a 10 proposed relocation of nonresidential land uses; 11 (5) A substantial increase in the impacts of the development which 12 may include, but are not limited to, increases in traffic generation; 13 changes in traffic circulation; or impacts on other public facilities; 14 (6) A change that will result in land use activities that generate a 15 higher level of vehicular traffic based upon the Trip Generation 16 Manual published by the Institute of Transportation Engineers; 17 (7) A change that will result in a requirement for increased stormwater 18 retention, or will otherwise increase stormwater discharges; 19 (8) A change that will bring about a relationship to an abutting land 20 use that would be incompatible with an adjacent land use; 21 (9) Any modification to the SRA master plan or SRA document which 22 is inconsistent with the Future Land Use Element or other element 23 of the Growth Management Plan or which modification would 24 increase the density or intensity of the permitted land uses; 25 (10) Any modification in the SRA master plan or SRA document which -- 26 impact(s) any consideration deemed to be a substantial 27 modification as described under this LDC Section 4.08.07. 28 c. Insubstantial change determination. An insubstantial change includes 29 any change that is not considered a substantial or minor change. An 30 insubstantial change to an approved SRA Development Document or 31 master plan shall be based upon an evaluation of LDC subsection 32 4.08.07 F.4.b., above and shall require the review and approval of the 33 Hearing Examiner or Planning Commission. The approval shall be based 34 on the findings and criteria used for the original application and be an 35 action taken at a regularly scheduled meeting. 36 (1) The applicant shall provide the Planning and Zoning Department 37 Director documentation which adequately describes the proposed 38 changes as described in the Administrative Code. 39 bd. Approval of Minor Changes by County Manager or Designee. County 40 Manager shall be authorized to approve minor changes and refinements 41 to an SRA Master Plan or dDevelopment Document upon written request 42 of the applicant. Minor changes and refinements shall be reviewed by 43 appropriate County staff to ensure that said changes and refinements are 44 otherwise in compliance with all applicable County ordinances and 45 regulations prior to the County Manager or designee's consideration for 46 approval. The following limitations shall apply to such requests: 47 (1) The minor change or refinement shall be consistent with the RLSA 48 Overlay, the RLSA District Regulations, and the SRA 49 development Document's amendment provisions. 50 (2) The minor change or refinement shall be compatible with 51 contiguous land uses and shall not create detrimental impacts to CCPC - Page 14 1 abutting land uses, water management facilities, and 2 conservation areas within or external to the SRA. 3 (3) Minor changes or refinements, include but are not limited to: 4 (a) Reconfiguration of lakes, ponds, canals, or other water 5 management facilities where such changes are consistent 6 with the criteria of the SFWMD and Collier County; 7 (b) Internal realignment of rights-of-way, other than a 8 relocation of access points to the SRA itself, where water 9 management facilities, preservation areas, or required 10 easements are not adversely affected; and 11 (c) Reconfiguration of parcels when there is no encroachment 12 into the conservation areas or lands with an Index Value of 13 1.2 or higher; and 14 (d) Modifications to the street cross sections, in accordance 15 with the procedures established in LDC section 6.06.01 N 16 and 10.02.04 A.S. 17 Relationship to Subdivision or site Development 18 Approval. Approval by the County Manager or designee of 19 a minor change or refinement may occur independently 20 from, and prior to, any application for subdivision or Site 21 dDevelopment Document plan approval. However, such 22 approval shall not constitute an authorization for 23 development or implementation of the minor change or 24 refinement without first obtaining all other necessary 25 County permits and approvals. 26 27 H. Development Document. Data supporting the SRA Master Plan, and describing the 28 SRA application, shall be in the form of a dDevelopment Document that shall consist of 29 the information listed below, unless determined at the required pre-application 30 conference to be unnecessary to describe the development strategy. 31 1. The document shall be prepared by an urban planner who possesses an AICP 32 certification, together with at least one of the following: 33 a. A professional engineer (P.E.) with expertise in the area of civil 34 engineering licensed by the State of Florida; 35 b. A qualified environmental consultant per Chapter 10 of the LDC or 36 c. A practicing landscape architect licensed by the State of Florida. 37 2. The document shall identify, locate and quantify the full range of uses, including 38 accessory uses that provide the mix of services to, and are supportive of, the 39 residential population of an SRA or the RSLA District, and shall include, as 40 applicable, the following: 41 a. Title page to include name of project; 42 b. Index/table of contents; 43 c. List of exhibits; 44 d. Statement of compliance with the RSLA Overlay and the RLSA District 45 Regulations; 46 e. General location map showing the location of the site within the 47 boundaries of the RLSA Overlay Map and in relation to other designated 48 SRAs and such external facilities as highways; 49 f. Property ownership and general description of site (including statement of 50 unified ownership); 51 g. Description of project development; CCPC - Page 15 1 h. Legal description of the SRA boundary, and for any WRAs encompassed "' 2 by the SRA; 3 i. The overall acreage of the SRA that requires the consumption of 4 Stewardship Credits and proposed gross density for the SRA; 5 j. Identification of all proposed land uses within each tract or increment 6 describing: acreage; proposed number of dwelling units; proposed 7 density and percentage of the total development represented by each 8 type of use; or in the case of commercial, industrial, institutional or office, 9 the acreage and maximum gross leasable floor area within the individual 10 tracts or increments; 11 k. Design standards for each type of land use proposed within the SRA. 12 Design standards shall be consistent with the Design Criteria contained in 13 Section 4.08.07 J.; 14 I. The Development Document, including any amendments, may request 15 variations or deviations from the LDC. The Development Document 16 application shall identify all proposed variations or deviations and include 17 justification and any proposed alternatives. Please see LDC section 18 4.08.07 J.8 for the variation or deviation requirements and criteria. All 19 - --- - -• - - - • -- - 20 - -- - -- - - - - - - - - --- ' 21 m. The proposed schedule of development, and the sequence of phasing or 22 incremental development within the SRA, if applicable; 23 n. A Natural Resource Index Assessment as required in Section 4.08.04 24 C.3.; 25 o. The location and nature of all existing or proposed public facilities (or — 26 sites), such as schools, parks, fire stations and the like; 27 p. A plan for the provision of all needed utilities to and within the SRA; 28 including (as appropriate) water supply, sanitary sewer collection and 29 treatment system, stormwater collection and management system, 30 pursuant to related county regulations and ordinances; 31 q. Typical cross sections for all arterial, collector, and local streets, public 32 or private, within the proposed SRA; 33 r. Agreements, provisions, or covenants, which govern the use, 34 maintenance, and continued protection of the SRA and any of its common 35 areas or facilities; 36 s. Development commitments for all infrastructure; 37 t. When determined necessary to adequately assess the 38 compatabi-litycompatibility of proposed uses within the SRA to existing 39 land uses, their relationship to agriculture uses, open space, recreation 40 facilities, or to assess requests for deviations from the Design Criteria 41 standards, the County Manager or his designee may request schematic 42 architectural drawings (floor plans, elevations, perspectives) for all 43 proposed structures and improvements, as appropriate; 44 u. Development Document amendment provisions; and, 45 v. Documentation or attestation of professional credentials of individuals 46 preparing the development document. 47 I. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA 48 Designation Application. The DRI master plan shall identify the location of the SRA being 49 designated, and any previously designated SRAs within the DRI. 50 J. Design Criteria. Criteria are hereby established to guide the design and development of 51 SRAs to include innovative planning and development strategies as set forth in §§ CCPC - Page 16 1 163.3177 (11), F.S. and Chapter 9J-5.006(5)(1), F.A.C.. The size and base density of 2 each form of SRA shall be consistent with the standards set forth below. The maximum 3 base residential density as specified herein for each form of SRA may only be 4 exceeded through the density blending process as set forth in density and intensity 5 blending provision of the Immokalee Area Master Plan or through the affordable housing 6 density Bonus as referenced in the density Rating System of the FLUE. The base 7 residential density is calculated by dividing the total number of residential units in an 8 SRA by the acreage therein that is entitled through Stewardship Credits. The base 9 residential density does not restrict net residential density of parcels within an SRA. 10 The location, size and density of each SRA will be determined on an individual basis, 11 subject to the regulations below, during the SRA designation review and approval 12 process. 13 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA 14 District have been established in the Goals Objectives and Policies of the RLSA 15 Overlay. All SRAs designated pursuant to this Section shall be consistent with 16 the characteristics identified on the Collier County RLSA Overlay SRA 17 Characteristics Chart and the design criteria set forth in 2. through 6. below. 18 a. SRA Characteristics Chart 19 (SRA Chart Omitted — See LDC Amendment 4.08.07 - Characteristics Chart ) 20 b. Streets within SRAs shall be designed in accord with the cross-sections 21 set forth in Figures 1-18 below, as more specifically provided in J.2 22 through J.S. Alternatively, Collier County Transportation Services may 23 approve additional cross-sections as needed to meet the design 24 objectives. Deviations from the cross sections set forth in Figures 1-18 25 may be requested in the SRA Development Document or an amendment 26 to the SRA Development Document. Please see LDC section 4.08.07 -- 27 J.8 for the deviation requirements and criteria. 28 (1) Figure 1: Town Core/Center. 29 (See Attachment 1: Figures 1 — 18. —"(Local Street) Neighborhood General Figure 6A" is being 30 added. Attachment 1 will be included in the document for CCPC and BCC review) 31 2. Town Design Criteria. 32 a. General design criteria. 33 i. Shall be compact, pedestrian-friendly and mixed-use; 34 ii. Shall create an interconnected street system designed to 35 disperse and reduce the length of automobile trips; 36 iii. Shall offer a range of housing types and price levels to 37 accommodate diverse ages and incomes; Accessory dwelling 38 unit shall not count towards the total approved number of units, 39 provided that the total number of units does not exceed the 40 maximum density allowed by the GMP. 41 iv. Shall include school sites that are sized and located to enable 42 children to walk or bicycle to them; 43 v. Shall provide a range of open spaces including neighborhood 44 and community parks, squares and playgrounds distributed 45 throughout the community; 46 vi. Shall include both community and neighborhood scaled retail and 47 office uses; 48 vii. Shall have urban level services and infrastructure which supports 49 development that is compact, including water management 50 facilities and related structures, lakes, community and 51 neighborhood parks, trails, temporary construction, sales and CCPC - Page 17 1 administrative offices for authorized contractors and consultants, 2 landscape and hardscape features, fill storage, and site filling and 3 grading, which are allowed uses throughout the community. 4 viii. Shall be designed in a progressive rural to urban continuum with 5 the greatest density, intensity and diversity occurring within the 6 Town Core, to the least density, intensity and diversity occurring 7 within the Neighborhood Edge; 8 ix. Shall provide sufficient transition to the adjoining use, such as 9 active agriculture, pasture, rural roadway, etc., and compatability 10 compatibility through the use of buffering, open space, land 11 use, or other means; 12 x. Shall include a minimum of three Context Zones: Town Core, 13 Town Center and Neighborhood General, each of which shall 14 blend into the other without the requirements of buffers; 15 xi. May include the Context Zone of Neighborhood Edge; and 16 xii. Shall allow signs typically permitted in support of residential uses 17 including for sale, for rent, model home, and temporary 18 construction signs. Specific design and development standards 19 shall be set forth in the SRA document for such signs permitted in 20 residential areas or in conjunction with residential uses. 21 xiii. To the extent that section 5.05.08 is applicable within the Urban 22 designated area, SRA Architectural Design Standards shall 23 comply with the provisions of section 5.05.08, unless additional or 24 different design standards that deviate from section 5.05.08, in 25 whole or part, are submitted to the County as part of the SRA no 26 later than when the first SRA Site dDevelopment document 27 plan or any amendment to the SRA development document. -is 28 . Please see LDC section 4.08.07 J.8 for 29 the deviation requirements and criteria. 30 xiv. To the extent that section 4.06.00 is applicable within the Urban 31 designated area, SRA Landscape Design and Installation 32 Standards shall comply with the provisions of section 4.06.00, 33 unless additional or different design and installation standards that 34 deviate from section 4.06.00, in whole or in part, are submitted to 35 the County as part of the no later than when the first SRA Sitc 36 dDevelopment Document plan or any amendment to the SRA 37 development document. is submitted for approval. Please see 38 LDC section 4.08.07 J.8 for the deviation requirements and 39 criteria. 40 b. Transportation Network. 41 i. The transportation network shall provide for a high level of mobility 42 for all residents through a design that respects the pedestrian and 43 accommodates the automobile. 44 ii. The transportation network shall be designed in an interconnected 45 system of streets, sidewalks, and pathways. 46 c. Open space and Parks. 47 i. Towns shall have a minimum of 35% open space. 48 ii. Towns shall have community parks that include sports fields and 49 facilities with a minimum level of services of 200 square feet per 50 dwelling unit in the Town. CCPC - Page 18 1 iii. Towns shall have passive or active parks, playgrounds, public 2 plazas or courtyards as appropriate within each Context Zone. — 3 d. Context Zones. Context Zones are intended to guide the location of uses 4 and their intensity and diversity within a Town, and provide for the 5 establishment of the urban to rural continuum. 6 i. Town Core. The Town Core shall be the civic center of a Town. It 7 is the most dense and diverse zone, with a full range of uses 8 within walking distance. The Core shall be a primary pedestrian 9 zone with buildings positioned near the right-of-way, wide 10 sidewalks shall be shaded through streetscape planting, awnings 11 and other architectural elements. Parking shall be provided on 12 street and off street in the rear of buildings within lots or parking 13 structures. Signage shall be pedestrian scale and designed to 14 went complement the building architecture. The following 15 design criteria shall apply within the Town Core, with the 16 exception of civic or institutional buildings, which shall not be 17 subject to the building height, building placement, building use, 18 parking, and signage criteria below, but, instead, shall be subject 19 to specific design standards set forth in the SRA development 20 Document and approved by the BCC that address the perspective 21 of these buildings' creating focal points, terminating vistas and 22 significant community landmarks. 23 a) Uses - commercial, retail, office, civic, institutional, light 24 industrial and manufacturing, essential services, 25 residential, parks and accessory uses. Such uses may 26 occur in shared use buildings or single use buildings. — 27 b) The total building area within each block shall not exceed 28 a floor area ratio of 3. 29 c) Retail and offices uses per block shall not exceed a floor 30 area ratio of 0.5. 31 d) Civic uses per block shall not exceed a floor area ratio of 32 0.6. 33 e) Light industrial and manufacturing uses per block shall not 34 exceed a floor area ratio of 0.45. 35 f) The density of transient lodging uses shall not exceed 26 36 dwelling units per Town Core gross acre. 37 g) The maximum building height shall be 6 stories, excluding 38 roofs and architectural features. 39 h) There shall be no minimum lot size. 40 i) The maximum block perimeter shall be 2500 Ft. 41 j) Minimum setbacks from all property boundaries shall be 0 42 feet and the maximum setback from the front boundary 43 shall be 10 feet. The maximum setback from the front 44 boundary may be increased in order to create public 45 spaces such as plazas and courtyards. 46 k) Overhead encroachments such as awnings, balconies, 47 arcades and the like, shall maintain a clear distance of 9 48 feet above the sidewalk and 15 feet above the street. 49 I) Seating for outdoor dining shall be permitted to encroach 50 into the public sidewalks and shall leave a minimum 6-foot __ CCPC - Page 19 1 clear pedestrian way between the outdoor dining and the 2 streetscape planting area. 3 m) Buildings within the Town Core shall be made compatible 4 through similar massing, volume, frontage, scale and 5 architectural features. 6 n) The majority of parking spaces shall be provided off-street 7 in the rear of buildings, or along the side (secondary 8 streets), organized into a series of small bays delineated 9 by landscape islands of varied sized. A maximum spacing 10 between landscape islands shall be ten (10) spaces. 11 Landscape islands and tree diamonds shall have a 12 minimum of one tree. Parking is prohibited in front of 13 buildings, except within the right-of-way. Parking 14 structures fronting on a primary street shall either include 15 ground floor retail or have a minimum ten (10) foot wide 16 landscaped area at grade, including one tree per five (5) 17 square feet of landscaped area. Parking structures 18 fronting on a secondary street shall have a minimum ten 19 (10) foot wide, densely landscaped area at grade, 20 including one tree per 250 square feet of landscaped area 21 or 25 linear feet on center. The amount of required parking 22 shall be demonstrated through a shared parking analysis 23 submitted with an SRA designation application. Parking 24 shall be determined utilizing the modal splits and parking 25 demands for various uses recognized by ITE, ULI or other 26 sources or studies. The analysis shall demonstrate the 27 number of parking spaces available to more than one use 28 or function, recognizing the required parking will vary 29 depending on the multiple functions or uses in close 30 proximity which are unlikely to require the spaces at the 31 same time. The shared parking analysis methodology will 32 be determined and agreed upon by the County 33 Transportation staff and the applicant during the pre- 34 application meeting. The shared parking analysis shall use 35 the maximum square footage of uses proposed by the 36 SRA development document. 37 o) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a 38 minimum all proposed streets shall include sidewalks on 39 both sides of the street, parallel to the right-of-way, and a 40 five (5) foot streetscape area between the back of curb and 41 the sidewalk. In these areas, sidewalk protection such as 42 root barriers, a continuous tree pit, and/or structural soils 43 shall be provided. streets shall maintain a minimum 44 average building height to street width ratio of 1:1, 45 excluding landmark buildings. 46 p) Landscaping minimums within the Town Core shall be met 47 by providing landscaping within parking lots as described, 48 and by providing a streetscape area between the sidewalk 49 and curb at a minimum of five (5) feet in width, with trees 50 planted forty (40) feet on-center. The five-foot minimum 51 wide of planting area may be reduced to three (3) feet if CCPC - Page 20 1 sidewalk protection such as root barriers, continuous tree 2 pits, and/or structural soils are provided. The street tree 3 pattern may be interrupted by architectural elements such 4 as arcades and columns. 5 q) General signage standards. Signage requirements shall be 6 as provided for in section 5.06.00, the "Collier County Sign 7 Code." 8 ii. Town Center. The Town Center shall provide a wide range of uses 9 including daily goods and services, culture and entertainment, 10 within walking distance. Like the Town Core, the Town Center is 11 the primary pedestrian zone, designed at human scale to support 12 the walking environment. It is the Main street area of the Town. 13 buildings shall be positioned near the right-of-way line, wide 14 sidewalks shall be shaded by street trees and architectural 15 elements. The following design criteria shall apply within the Town 16 Center, with the exception of civic or institutional buildings, which 17 shall not be subject to the height, building placement, building 18 use, parking, and signage criteria below, but, instead, shall be 19 subject to specific design standards that address these buildings' 20 creating focal points, terminating vistas, and significant community 21 landmarks and that are set forth in the SRA development 22 Document and approved by the BCC. 23 a) Commercial, retail, office, civic, institutional, light industrial 24 and manufacturing, essential services, parks, residential 25 and schools and accessory uses shall be permitted. 26 These uses may occur in shared use buildings or single 27 use buildings. 28 b) The floor area ratio for the total building area within each 29 block shall not exceed 2. 30 c) The floor area ratio for retail and office uses per block 31 shall not exceed 0.5. 32 d) The floor area ratio for civic uses per block shall not 33 exceed 0.6. 34 e) The floor area ratio for light industrial and manufacturing 35 uses per block shall not exceed 0.45. 36 f) The maximum density for transient lodging shall be 26 37 dwelling units per Town Center gross acre. 38 g) The maximum building height shall be 5 stories, excluding 39 roofs and architectural features. 40 h) The minimum lot area shall be 1,000 square feet. 41 i) The maximum block perimeter shall be 2500 Ft. 42 j) The minimum setbacks shall be 0 from all property 43 boundaries and the maximum setback shall be 10 feet 44 from the front right of way line. 45 k) Overhead encroachments such as awnings, balconies, 46 arcades and the like, must maintain a clear distance of 9 47 feet above the sidewalk and 15 feet above the street. 48 I) Seating for outdoor dining shall be permitted to encroach 49 the public sidewalks and shall leave a minimum 6-foot 50 clear pedestrian way between the outdoor dining and the 51 streetscape planting area. CCPC - Page 21 1 m) Buildings within the Town Center shall be made 2 compatible through similar massing, volume, frontage, 3 scale and architectural features. 4 n) Streets shall adhere to J.1.b. and Figures 1, 2, 3, or 4. At a 5 minimum all proposed streets must include sidewalks on 6 both sides of the street, parallel to the right-of-way, and a 7 5 Ft. streetscape area between the back of curb and the 8 sidewalk. streets shall maintain a minimum average 9 building height to street width ratio of 1:1, excluding 10 landmark buildings. 11 0) Parking space requirements and design are the same as in 12 the Town Core. 13 p) Landscape minimums are the same as in the Town Core. 14 q) Signage requirements are the same as in the Town Core. 15 iii. Neighborhood General. Neighborhood General is predominately 16 residential with a mix of single and multi-family housing. 17 Neighborhood scale goods and services, schools, parks and open 18 space diversify the neighborhoods. The interconnected street 19 pattern is maintained through the Neighborhood General to 20 disperse traffic. Sidewalks and streetscape support the 21 pedestrian environment. The following design criteria shall apply 22 within Neighborhood General: 23 a) Residential, neighborhood scale goods and services, civic, 24 institutional, parks, schools and accessory uses shall be 25 permitted. �— 26 b) The maximum allowable building height shall be 3.5 27 stories. 28 c) The maximum block perimeter shall be 3500 feet, except 29 that a larger block perimeter shall be allowed where an 30 alley or pathway provides through access, or the block 31 includes water bodies or public facilities. 32 d) The SRA dDevelopment Document shall set forth the 33 development standards for all allowable types of single- 34 family development, which shall, at a minimum, adhere to 35 the following: 36 i) The minimum lot area shall be 1,000 square feet. 37 ii) Parking space requirements and design are the 38 same as in the Town Core, inclusive of garage 39 spaces, with an additional parking space required if 40 an accessory dwelling unit is built. 41 iii) Landscaping shall include a minimum of sixty (60) 42 square feet of shrub planting per lot, on lots that 43 are 3,000 square feet or less in area; eighty (80) 44 square feet on lots that are greater than 3,000 45 square feet but less than 5,000 square feet in area; 46 and 100 square feet for lots 5,000 square feet or 47 larger in area. Plantings shall be in identified 48 planting areas, raised planters, or planter boxes in 49 the front of the dwelling, with, at a minimum, turf 50 grass for the remainder of the property. 51 e) Multi-family residential uses shall adhere to the following: CCPC - Page 22 1 i) Lots shall be a maximum of 4 acres. 2 ii) Front and side yard setbacks shall be a minimum 3 of 10 feet and rear yard setbacks shall be a 4 minimum of 20 feet for the primary structure and 5 5 feet for any accessory structures. 6 iii) Porches, stoops, chimneys, bays canopies, 7 balconies and overhangs may encroach into the 8 front yard a maximum of 3 ft. 6 in and a maximum 9 of 3 Ft. into side yards, but no element may 10 encroach into a side yard such that the distance to 11 the property line from the encroaching element is 12 less than 3 Ft. 2 In., except that overhangs may 13 encroach no more than 2 Ft. into any yard. 14 iv) Parking space requirements and design are the 15 same as in the Town Core. 16 v) A minimum of 100 Sq. Ft. of shrub planting shall be 17 required for each 2,000 Sq. Ft. of building 18 footprint, and one tree shall be required for each 19 4,000 Sq. Ft. of lot area, inclusive of street trees, 20 with such plantings in planting areas, raised 21 planters, or planter boxes in the front of the 22 building and a minimum of turf grass for the 23 remainder of the property. 24 f) Non-residential uses shall adhere to the following: 25 i) All such uses shall be located at intersection 26 corners or street bends and shall not be permitted 27 at mid-block locations; 28 ii) If the non-residential use is a restaurant, grocery 29 store, or convenience store, it shall be located on 30 an alley loaded site; 31 iii) The minimum distance between non-residential 32 uses shall be 1,000 feet, as measured along the 33 street frontage at the right-of-way line. 34 iv) The maximum square footage per use shall be 35 3,000 square feet and per location shall be 15,000 36 square feet; 37 v) The use shall have a minimum lot area of not less 38 than the size of the smallest adjacent lot. vi) 39 The minimum setbacks shall be as follows: 40 0 feet from the front property boundary, a distance 41 from the side property boundary that is equal to the 42 setback of the adjacent property, and a minimum 43 of 20 feet from the rear property boundary for the 44 principal structure and 5 feet from the rear 45 property boundary for any accessory structures. 46 vii) Parking space requirements and design are the 47 same as in the Town Core, with on-street parking 48 provided only along the lot street frontage. No off- 49 street parking shall be permitted between the front 50 façade and the front property line. No off-street 51 parking shall be permitted between the side façade CCPC - Page 23 1 and the street side property line for corner lots. All 2 off-street parking shall be screened from the street 3 and adjacent property by wall, fence and/or 4 landscaping. 5 viii) Landscaping shall include a minimum of 100 Sq. Ft. 6 of shrub planting per 2,000 Sq. Ft. of building 7 footprint, and one tree per 4,000 Sq. Ft. of lot area, 8 inclusive of street trees. Plantings shall be in 9 planting areas, raised planters, or planter boxes in 10 the front of the building. Minimum of turf grass for 11 the remainder of the property. 12 g) General signage requirements shall be as provided for in 13 section 5.06.00 14 h) Signage within Neighborhood Goods and Service Zones 15 shall be as provided for in section 5.06.00 16 i) Streets shall adhere to J.1.b and Figures 5, 6, 6A 7, 8, or 17 10. At a minimum all proposed streets must include a 18 sidewalks on both sides of the street, parallel to the right- 19 of-way, and a 5 Ft. streetscape area between the back of 20 curb and the sidewalk. 21 iv. Neighborhood Edge (optional). Neighborhood Edge 22 is predominately a single-family residential 23 neighborhood. This zone has the least intensity and 24 diversity within the Town. The mix of uses is 25 limited. Residential lots are larger and more open 26 space is evident. The Neighborhood Edge may be 27 used to provide a transition to adjoining rural land 28 uses. The following standards shall apply with the 29 Neighborhood Edge: 30 a) The permitted uses within the Neighborhood 31 Edge are residential, parks, open space, 32 golf courses, schools, essential services, 33 and accessory uses. 34 b) Building heights shall not exceed 2 stories. 35 c) Lots shall have a minimum area of 5000 36 square feed with lot dimensions and 37 setbacks to be further defined with the SRA 38 development Document. 39 d) The perimeter of each block may not 40 exceed 5000 feet, unless an alley or 41 pathway provides through access, or the 42 block includes water bodies or public 43 facilities. 44 e) Parking space requirements and design are 45 the same as in the Town Core, inclusive of 46 garage spaces, with provision for an 47 additional parking space if an accessory 48 dwelling unit is built. 49 f) Landscaping shall include a minimum of 50 100 Sq. Ft. of shrub planting per lot, with 51 plantings in planting areas, raised planters, CCPC - Page 24 1 or planter boxed in the front of the dwelling 2 and a minimum of turf grass for the 3 remainder of the property. 4 g) Streets shall adhere to J.1.b. and to Figures 5 9, 11, 12, 13, 14, 15, 16, 17, or 18. Ata 6 minimum all proposed streets must include 7 a 10-foot pathway on one side of the street 8 with an 8-foot streetscape area between the 9 edge of curb and the pathway. 10 v. Special District (optional). The Special District is 11 intended to provide for uses and development 12 standards not otherwise provided for within the 13 Context Zones. Special Districts would be primarily 14 single use districts, such as universities, business 15 parks, medical parks and resorts that require 16 unique development standards to ensure 17 Gempatabilitycompatibilitv with surrounding 18 neighborhoods. The location of Special Districts 19 shall be illustrated on the SRA Master Plan, and 20 uses and development standards shall be defined 21 in detail within the SRA development application 22 for review by Collier County staff. Special Districts 23 could be for uses such as Universities, business or 24 industrial parks, retirement communities, resorts, 25 etc. 26 3. Village Design Criteria. 27 a. General criteria. 28 i. Villages are comprised of residential neighborhoods and shall 29 include a mixed-use village center to serve as the focal point for 30 the community's support services and facilities. 31 ii. Villages shall be designed in a compact, pedestrian-friendly form. 32 iii. Create an interconnected street system designed to disperse and 33 reduce the length of automobile trips. 34 iv. Offer a range of housing types and price levels to accommodate 35 diverse ages and incomes. Accessory dwelling units shall not 36 count towards the maximum allowed density. 37 v. Be developed in a progressive rural to urban continuum with the 38 greatest density, intensity and diversity occurring within the 39 village center, to the least density, intensity and diversity 40 occurring within the Neighborhood Edge. 41 vi. The SRA document shall demonstrate the urban to rural transition 42 occurring at the Villages limits boundary provides sufficient 43 transition to the adjoining use, such as active agriculture, pasture, 44 rural roadway, etc., and compatabilitycompatibility through the 45 use of buffering, open space, land use, or other means. 46 vii. Shall allow signs typically permitted in support of residential uses 47 including for sale, for rent, model home and temporary 48 constructions signs. Specific design and development standards 49 shall be set forth in the SRA document for such signs permitted in 50 residential areas or in conjunction with residential uses. CCPC - Page 25 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 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. CCPC - Page 26 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 ciDevelopment 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. CCPC - Page 27 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 CCPC - Page 28 1 nonprocedural deviations from the LDC, provided that all of the following are 2 satisfied: 3 a. The deviations are consistent with the RLSA Overlay; and 4 b. The deviations further the RLSA District Regulations and are consistent 5 with those specific Design Criteria from which Section 4.08.07 J.2. 5.•6 - - em.-. - 7 sb. It can be demonstrated that the proposed deviation(s) further enhance the 8 tools, techniques and strategies based on principles of innovative 9 planning and development strategies, as set forth in §§ 163.3177 (11), 10 F.S. and Chapter 9J 5.006(5)(L), F.A.C. 11 12 L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this 13 Section shall be prepared and submitted as part of the SRA Designation Application 14 Package. At a minimum, the analysis shall consider the following public facilities and 15 services: transportation, potable water, wastewater, irrigation water, stormwater 16 management, solid waste, parks, law enforcement, emergency medical services, fire, 17 and schools. Development phasing and funding mechanisms shall address any adverse 18 impacts to adopted minimum levels of service pursuant to the Chapter 6 of the LDC. 19 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its 20 development, as a whole, will be fiscally neutral or positive to the Collier County 21 tax base;, at the end of each phase, or every five (5) years, whichever occurs 22 • , - -_ - -- _ • e' _ e-. _ e- . This demonstration will be made for each 23 unit of government responsible for the services listed belewabove, as provided 24 below: - _ _ - _ -- _ _ _ --- ___ __ - 25 a. Collier County Fiscal Impact Model. The fiscal impact model officially 26 adopted and maintained by Collier County. ---- 27 laa. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal 28 impact model as indicated above, the applicant may develop an 29 alternative fiscal impact model using a methodology approved by Collier 30 County. The BCC may grant exceptions to this policy of fiscal neutrality to 31 accommodate affordable or workforce housing. 32 e • _ -••-- . e - - - -- --_ - . -- _- - __- - -- - 33 - - - - -- - --- - -- --- - - --- -- -34 (5) years until the SRA is ninety (90) percent built out. The Report will provide a 35 fiscal impact analysis of the project in accord with the methodology outlir►ed 36 above. 37 32. Imposition of Special Assessments. If the Report identifies a negative fiscal 38 impact of the project to a unit of local government referenced above, the 39 landowner will accede to a special assessment on his property to offset such a 40 shortfall or in the alternative make a lump sum payment to the unit of local 41 government equal to the present value of the estimated shortfall for a period 42 covering the previous phase (or five year interval). The BCC may grant a waiver 43 to accommodate affordable housing. 44 43. Special Districts Encouraged in SRAs. The use of community development 45 districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service 46 Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. 47 When formed, the special districts shall encompass all of the land designated for 48 development in the SRA. Subsequent to formation, the special district will enter 49 into an Interlocal agreement with the County to assure fiscal neutrality. As 50 outlined above, if the monitoring reveals a shortfall of net revenue, the special 51 district will impose the necessary remedial assessment on lands in the SRA. CCPC - Page 29 1 # # # # # # # # # # # # # CCPC - Page 30 CCPC - Page 31 Land Development Code Amendment Request ORIGIN: Growth Management Department AUTHORS: Environmental and Natural Resources Division Zoning Division DIVISION: Engineering and Natural Resources AMENDMENT CYCLE: 2015 LDC Amendment Cycle 1 LDC SECTION(S): 3.05.05 Vegetation Removal Permit 10.02.06 Submittal Requirements for Permits CHANGE: 1. Amend LDC section 3.05.05 F Vegetation Removal Permit to clarify that property owners on Rural Agricultural (A) zoned property can remove vegetation for single- family accessory uses. 2. Amend LDC section 10.02.06 C to establish a permit process for vegetation clearing for non-commercial permitted and accessory uses in the Rural Agricultural District (A) zoning district. 3. Amend LDC section 10.02.06 C with regards to future farm operations as defined F.S. 823.14(3)(b) in order to be consistent with the Growth Management Plan's 25 year change in land use limitation. REASON: 1. Historically, vegetation removal has occurred on agricultural zoned property through a permit process. The proposed amendment seeks to clarify this in LDC section 3.05.05 F and the provision will specifically allow for clearing for accessory uses related to single family uses on Rural Agricultural (A) zoned land. It is important to note that a vegetation removal permit for one acre or less is not required on agriculturally zoned land when a building permit has been issued for the principal structure (the building permit serves as the clearing permit); or the permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. The clearing allowed under the proposed amendment to LDC section 3.05.05 F would be for clearing in excess of the original one acre for accessory uses. 2. The following provides an overview of the permit process for agricultural clearing in Collier County. It is important to note that there is no duplication of regulation as is required by F.S. 163.3162. and F.S. 823.14. Per F.S. 193.461, a "farm operation" has received an agricultural classification from the Property Appraiser's office. CCPC - Page 32 Currently, there are two parts to the agricultural clearing section in the LDC: An agricultural clearing permit may be issued for properties that, at the time of application, are not a "farm operation" per F.S., but will seek an agricultural classification from the Collier County Property Appraiser's office within two years. Once the property has received the agricultural classification from the Property Appraiser's office, it is considered a farm operation. An agricultural clearing notice is a process for properties that have already received an agricultural classification from the Property Appraiser's Office and are a farm operation. The permit process establishes that the property owner shall provide notice to the County of their intent to clear for an agricultural use on an existing farm operation. The notice provided is reviewed by staff and it is verified that the property meets the criteria to file for a notice. Within 20 business days, staff notifies the property owner whether the notification is complete. This process has proved beneficial to property owners as not all notifications submitted meet the qualifications for clearing through this process. In most cases, the reason a property does not qualify for a notification is because the property does not currently hold an agricultural classification from the Property Appraiser. In these situations, the property owner is advised to file an application for an agricultural clearing permit, noted above. However, the LDC does not currently provide a distinct permit process for property owners to clear in the Rural Agricultural District (A) that 1) do not currently have an agricultural classification and 2) do not plan to seek a agricultural classification in the -� future. Therefore, a permit process is proposed and would apply to the following situation: A property owner seeks to clear vegetation for a herd of horses in the Rural Agricultural (A) zoning district, which is a permitted use on 20 acres or greater of land. Existing permit processes do not suit the needs of the property owner as there is currently no agricultural classification and the property owner has no intention of utilizing this use for a commercial nature. 3. The Growth Management Plan's (GMP) Conservation and Coastal Management Element and LDC restrict property cleared for agricultural use from converting to non-agricultural use for a period of 25 years unless such conversion provides for retention of native vegetation in the amount required prior to clearing. The GMP relays that "any new clearing of land for agriculture shall not be converted to non-agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1 and 6.1.2 of this element shall be applied to the site at the time of the conversion." As noted, the GMP is not specific regarding the type of conversion, i.e. rezone, CU, SDP that facilitates the change in use. LDC section 10.02.06 C.2 identifies that a rezone will facilitate such conversion, which would then require implementation of GMP Policy 6.1.1 and 6.1.2. However, there are many permitted, accessory, and conditional uses in the Rural Agricultural District that have a non-agricultural purpose, such as a family care center and schools. These uses are deemed to be a type of conversion and would require retention of native vegetation in the amount required prior to clearing. It is proposed that LDC section 10.02.06 C.2 mirrors CCPC - Page 33 the GMP language and identifies that a change to non-agricultural development will require retention of native vegetation requirements. Further, 10.02.06 C.3 relays that "non-agricultural uses" will required a conversion, which would then require implementation of GMP Policy 6.1.1 and 6.1.2. It is proposed that this language is modified to non-agricultural development for consistency with the prior section and the LDC. It should be noted that the language proposed is consistent with LDC section 3.07.05 which outlines the GMP Policy 6.1.1 and 6.1.2. in greater detail. FISCAL & OPERATIONAL IMPACTS: Regarding change #1 & #2,there is no fiscal impact as this is clarifying a current practice; no further fees will be charged in addition to the current permit fee. Regarding change #3, the proposed amendment to 10.02.06 C implements provisions currently in practice. The proposed changes will have no additional fiscal impact to land owners. Review of development orders to facilitate the change in use will not be affected by this amendment. RELATED CODES OR REGULATIONS: 2.03.01 Agricultural Districts 3.05.02 C Agricultural exemption 3.05.02 F Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 F Criteria for Removal of Protected Vegetation 3.05.07 Preservation Standards The proposed amendment will require an amendment to the Administrative Code for Land Development, Chapter 4.E — Vegetation Removal Applications, which will be done at a later date. GROWTH MANAGEMENT PLAN IMPACT: Change #1 and #3 will have no impact on the GMP. Goal 6 of the Conservation and Coastal Management Element (CCME) includes policies regarding conversion of property from agricultural to non-agricultural use as stated below in relation to Change#2. In relation to Change #2, the Conservation and Coastal Management Element (CCME) Policy 6.1.5 restricts conversion of property from agricultural to non-agricultural use for 25 years, once the land is cleared for agricultural purposes. The restriction is also included in LDC section 3.05.02 C (Agricultural Exemption). The CCME Policy is as follows. Policy 6.1.5: Agriculture shall be exempt from the above preservation requirements contained in Policies 6.1.1, and 6.1.2 of this element provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for 25 years. For any such conversions in less than 25 years, the requirements of Policy 6.1.1 and 6.1.2 of this element shall be applied to the site at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a CCPC - Page 34 native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Agricultural clearing within the Rural Lands Stewardship Area (RLSA) Overlay shall be allowed and guided by the RLSA policies found in the FLUE. In relation to all changes proposed, the Future Land Use Element (FLUE) states that Urban designated areas will accommodate non-residential uses including agriculture. DSAC-LDR SUBCOMMITTEE: Approved unanimously with the following changes: Revise the definition of "non-bona fide agricultural use," process Administrative Code amendments simultaneously with the LDC amendment, utilize "farm operation" as it is defined in the F.S. rather than bona fide, and several other changes for clarity. In addition, review the changes to the 25 year period related to rezoning lands cleared and make consistent with the GMP. Several of the changes were incorporated into the LDC amendment including, utilizing a different terminology than"non-bona fide agricultural use" and making the proposed amendment language consistent with the GMP. OTHER NOTES/VERSION DATE: May 27, 2015 Amend the LDC as follows: 1 3.05.05 Criteria for Removal of Protected Vegetation 2 .-. 3 Native vegetation shall be retained within proposed developments where existing vegetation 4 would be expected to survive in open space areas or buffers, where site improvements or 5 changes in elevation are not proposed or required. A permit for the removal or replacement of 6 plants installed as LDC required landscaping shall be issued in accordance with LDC section 7 4.06.05. A vegetation removal permit may be issued under the following conditions: 8 * * * * * * * * * * * * * 9 F. - - - - - - - -- - - - -- - - - -- . .._ 10 _11 12 zoning,A vegetation removal permit may be issued for any single family accessory use 13 that is permitted in the underlying zoning district on a parcel that has been subdivided for 14 single family use. 15 * * * 16 17 # # # # # # # # # # # # # 18 19 10.02.06 Requirements for Permits 20 * * 21 C. Agricultural land clearing. 22 1. Agricultural clearing permit for general agricultural uses. A permit for clearing on 23 Rural Agricultural district (A) land is required for agricultural uses as established 24 by LDC section 2.03.01 A.1.a.2 and 2.03.01 A.1.b.1 and those uses that fall 25 within the scope of F.S. §§ 163.3162(4) or 823.14(6), as amended, at the time of 26 application, but that will not seek an agricultural classification from the Collier 27 County Property Appraiser. CCPC - Page 35 1 a. Application. The Administrative Code shall establish the procedures and 2 the submittal requirements, in addition to those identified below, to obtain 3 an agricultural land clearing permit. 4 i. If an ST or ACSC-ST overlay is attached to the zoning of the 5 property, the ST or ACSC-ST permit review shall be in 6 accordance with LDC sections 2.03.07 and 4.02.14 and may be 7 reviewed simultaneously with the agricultural clearing permit 8 application. 9 ii. A generalized vegetation inventory and clearing plan. 10 iii. Data relating to wetlands impacts and protected wildlife species 11 habitat subject to the Conservation and Coastal Management 12 Element of the Growth Management Plan and the LDC. This data 13 will be required only when the county's on-site inspection indicates 14 that there are potential or actual impacts to wetlands and to 15 protected federally and state listed wildlife habitat. 16 iv. The property owner, or authorized agent, has filed an executed 17 agreement with the County Manager or designee stating that the 18 owner/agent is aware that, if the land cleared is converted to a 19 non-agricultural development, then the property shall become 20 subject to the requirements of LDC section 3.05.02 C which 21 establishes the 25-year conversion restrictions. 22 v. Permit Fees. The agricultural clearing permit applications shall be 23 charged a review fee as established by resolution by the Board. 24 b. Criteria for review of the application. The following criteria shall be utilized 25 by staff in reviewing an application for issuance of an agricultural clearing 26 permit: 27 i. An on-site inspection has been made by staff, if indicated. 28 ii. Environmental impacts, including wetlands and protected wildlife 29 species habitat(s) shall have been addressed in accordance with 30 the requirements of the Conservation and Coastal Management 31 Element of the Collier County Growth Management Plan and the 32 LDC, as may be amended from time to time. 33 iii. Additional data and/or information required by the County to 34 address environmental impacts shall be submitted by the 35 applicant. 36 iv. Native vegetation preservation requirements shall apply where 37 applicable in the RFMU district as provided in 3.05.07.C. 38 v. The proposed use is consistent with the Rural Agricultural (A) 39 zoning district. 40 c. Renewal of agricultural clearing permit. An approved agricultural clearing 41 permit is valid for 5 years and may be automatically renewed for 5-year 42 periods providing that a notification in writing is forwarded to the County 43 Manager or designee at least 30 but no more than 180 days prior to the 44 expiration of the existing permit and providing that the property has been 45 actively engaged in an agricultural use activity. Such notification shall 46 state that the applicant is in compliance with any and all conditions 47 and/or stipulations of the permit. A violation of permit conditions shall be 48 cause to void the agricultural clearing permit. Applicants failing to 49 provide notification as specified herein shall be required to submit a new 50 application for an agricultural clearing permit. 51 d. Exemptions for agricultural clearing permit. CCPC - Page 36 1 i. Upon issuance of an agricultural clearing permit activities 2 necessary for the ongoing agricultural use and maintenance are 3 exempt from obtaining additional agricultural clearing permits for 4 that parcel, if the intent, use, and scope of said activities continue 5 to comply with the ongoing agricultural clearing permit or 6 exemption. Ongoing agricultural activities that qualify for this 7 exemption as described in this section may include but are not 8 limited to clearing for, around or in dikes, ditches, canals, 9 reservoirs, swales, pump stations, or pens; removal of new 10 growth, such as shrubs or trees, from areas previously permitted 11 or exempted from this section; fire line maintenance; approved 12 wildlife food plots; or other activities similar in nature to the 13 foregoing. 14 ii. No agricultural clearing permit shall be required for protected 15 vegetation that is dead, dying or damaged beyond saving due to 16 natural causes also known as acts of God provided that: 17 (a) The County Manager or designee is notified in writing 18 within 2 business days prior to such removal and the 19 County makes no objection within said 2 business days; 20 (b) The tree is not a specimen tree; 21 (c) The vegetation is not within an area required to be 22 preserved as a result of a required preservation, mitigation, 23 or restoration program; 24 (d) Vegetation planted by a farmer or rancher which was not 25 planted as a result of a zoning regulation or a required 26 mitigation or restoration program. 27 42. Agricultural clearing permit for future farm operations as defined by F.S 28 823.14(3)(b), as amended . A permit for clearing on Rural Agricultural district (A) 29 of agr land is required for agricultural uses that do not fall within 30 the scope of F.S. §§ 163.3162(4) or 823.14(6), as amended, at the time of 31 application, but will obtain an agricultural classification from the Collier County 32 Property Appraiser within two years. •- e- -e-. -- • _ -- __ _ 33 operations except as exempted by LDC section 10.02.06 C.1.d. 34 a. Application. The Administrative Code shall establish the procedures and 35 the submittal requirements, in addition to those identified below, to obtain 36 an agricultural land clearing permit. 37 i. Silviculture operations, as defined by the LDC, shall require a 38 management plan prepared by a forester or a resource manager 39 (i.e. Florida Forest Service, private or industrial). 40 ii. If an ST or ACSC-ST overlay is attached to the zoning of the 41 property, the ST or ACSC-ST permit review shall be in 42 accordance with LDC sections 2.03.07 and 4.02.14 and may be 43 reviewed simultaneously with the agricultural clearing permit 44 application. 45 iii. A generalized vegetation inventory and clearing plan. 46 iv. Data relating to wetlands impacts and protected wildlife species 47 habitat subject to the Conservation and Coastal Management 48 Element of the Growth Management Plan and the LDC. This data 49 will be required only when the county's on-site inspection indicates 50 that there are potential or actual impacts to wetlands and to 51 protected federally and state listed wildlife habitat. CCPC - Page 37 1 v. The property owner, or authorized agent, has filed an executed ^ 2 agreement with the County Manager or designee, stating that 3 within 2 years from the date on which the agricultural clearing 4 permit is approved by the County Manager or designee, the 5 owner/agent will put the property into a bona fide agricultural use 6 and pursue such activity in a manner conducive to the successful 7 harvesting of its expected crops or products. The owner/agent 8 may elect to allow the subject property to lie fallow after 9 completing the bona fide agricultural use, for the remainder of the 10 25-year period required by vi. below. If the clearing is expected to 11 occur over a period greater than 2 years, this will be stated on the 12 application and may be addressed as a condition on the 13 agricultural clearing permit if determined by staff to be appropriate. 14 vi. The property owner, or authorized agent, has filed an executed 15 agreement with the County Manager or designee stating that the 16 owner/agent is aware that, if the land cleared is converted to a 17 non-agricultural development, then the property shall become 18 subject to the requirements of LDC section 3.05.02 C which 19 establishes the 25-year conversion restrictions. the Collier County 20 Board of County Commissioners will not rezone the property 21 - --- - -- -- -- - - - -- .. - - -- -22 23 by the County Manager or designee, unless for any such 24 -- - - - - -- - - - - 25 restored with native vegetation to the degree required by the LDC. .. . 26 vii. Permit Fees. The agricultural clearing permit applications shall be 27 charged a review fee as established by resolution by the Board. 28 b. Criteria for review of the application. The following criteria shall be utilized 29 by staff in reviewing an application for issuance of an agricultural clearing 30 permit: 31 i. An on-site inspection has been made by staff, if indicated. 32 ii. Environmental impacts, including wetlands and protected wildlife 33 species habitat(s) shall have been addressed in accordance with 34 the requirements of the Conservation and Coastal Management 35 Element of the Collier County Growth Management Plan and the 36 LDC, as may be amended from time to time. 37 iii. Additional data and/or information required by the County to 38 address environmental impacts shall be submitted by the 39 applicant. 40 iv. The proposed use is consistent with the Rural Agricultural (A) 41 zoning district. 42 v. The proposed use is a bona fide agricultural use. 43 vi. The applicant has signed an executed agreement pursuant to 44 10.02.06 C.2.a.vi. above. 45 c. Renewal of agricultural clearing permit. An approved agricultural clearing 46 permit is valid for 5 years and may be automatically renewed for 5-year 47 periods providing that a notification in writing is forwarded to the County 48 Manager or designee at least 30 but no more than 180 days prior to the 49 expiration of the existing permit and providing that the property has been 50 actively engaged in a bona fide agricultural activity. Such notification shall 51 state that the applicant is in compliance with any and all conditions 52 and/or stipulations of the permit. A violation of permit conditions shall be CCPC - Page 38 1 cause to void the agricultural clearing permit. Applicants failing to 2 provide notification as specified herein shall be required to submit a new — 3 application for an agricultural clearing permit. 4 5 d. Exemptions for agricultural clearing permit. 6 i. An agricultural clearing permit is not required for operations 7 holding a permit under Ordinance No. 76-42 and that can 8 demonstrate that an approved bona fide agricultural activity was in 9 existence within 2 years of the permit issuance date, or that a 10 bona fide agricultural activity was in existence before the effective 11 date of Ordinance No. 76-42. A demonstration for exemption may 12 include agricultural classification records from the Property 13 Appraiser's Office; dated aerial photographs; occupational license 14 for an agricultural operation; or other information which positively 15 establishes the commencement date and the particular location of 16 the agricultural operation. 17 ii. Upon issuance of an agricultural clearing permit or as exempted 18 above, activities necessary for the ongoing bona fide agricultural 19 use and maintenance are exempt from obtaining additional 20 agricultural clearing permits for that parcel, if the intent, use, and 21 scope of said activities continue to comply with the ongoing 22 agricultural clearing permit or exemption. Ongoing bona fide 23 agricultural activities that qualify for this exemption as described in 24 this section may include but are not limited to clearing for, around 25 or in dikes, ditches, canals, reservoirs, swales, pump stations, or 26 pens; removal of new growth, such as shrubs or trees, from areas — 27 previously permitted or exempted from this section; fire line 28 maintenance; approved wildlife food plots; or other activities 29 similar in nature to the foregoing. 30 iii. Fences, buildings, and structures that require a building permit 31 shall be exempt from an agricultural clearing permit but must 32 obtain a vegetation removal permit. 33 iv. No agricultural clearing permit shall be required for protected 34 vegetation that is dead, dying or damaged beyond saving due to 35 natural causes also known as acts of God provided that: 36 (a) The County Manager or designee is notified in writing 37 within 2 business days prior to such removal and the 38 County makes no objection within said 2 business days; 39 (b) The tree is not a specimen tree; 40 (c) The vegetation is not within an area required to be 41 preserved as a result of a required preservation, mitigation, 42 or restoration program; 43 (d) The parcel is currently engaged in bona fide agriculture, 44 as defined by F.S. the LDC; 45 (e) No agricultural clearing permit shall be required for the 46 removal of any vegetation planted by a farmer or rancher 47 which was not planted as a result of a zoning regulation or 48 a required mitigation or restoration program. 49 23. Agricultural clearing notice. A notice is required Nno later than 60 days prior to 50 vegetation removal as part of agricultural operations that fall within the scope of 51 F.S. §§ 163.3162(4) or 823.14(6), as amended, the property owner shall provide 52 notice to the County Manager or designee that the removal will occur. CCPC - Page 39 1 a. The Administrative Code shall establish the submittal requirements for the ^ 2 agricultural clearing notice, including the following: 3 i. A signed agreement acknowledging the 25-year prohibition on the 4 creation of TDR credits from land cleared for an agricultural farm 5 operations after June 19, 2002, as set forth in LDC section 6 2.03.07; and 7 ii. If the land is outside the RLSA, a signed agreement 8 acknowledging that, if the land being cleared for agricultural 9 operations is converted to a non-agricultural development uses 10 within 25 years after the clearing occurs, the property shall 11 become subject to the requirements of LDC section 3.05.07, as 12 provided in LDC section 3.05.02 C. 13 b. Permit fees. The agricultural clearing notice application shall be charged 14 a review fee as established by resolution by the Board. 15 # # # # # # # # # # # # # 16 CCPC - Page 40 Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. 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 the 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) Establishes a maximum maintenance height of 36 inches for hedges in the landscape buffer where vehicular areas are adjacent to the road right-of-way. 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 clarifies that the distance shall be measured along the road frontage, rather than as the crow flies. I 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined terns 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 signs 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 sign 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.). e) 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. 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 businesses 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. 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 iP t � t< a The Pavilion at Vanderbilt Beach from Naples Inn Entry 1a- Mr —.10t " 2015/01/28 04:02 flM� Naples Walk- Eastern View Mature Canopy Trees at Vanderbilt Beach Rd. Entrance 3 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined term 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 required and enforceable: • 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Monument Signs ......- . -,.... ... - • ---- -. - - —. . . _.. - .0., . - . - ,.. ... • ' • I li' • ■ g e . .1 ...• 4.•40.• i •''* e• ' 'i:•.' 0 41- ..4*` -' . ... •. ..0*-4 k-* .' C-' 4 — * . • . - 'ilS/02./03 131 5f3 ,AM - :M.,0?/On 1:11-59 BM -. .' .4:-.....,...), 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 Directory Signs '-'7. - ' • .- ' -'44,----,,z .„,,. ,., ,...: ,, ,.. .,. I 4it.,, i t:e. WI. 4. 1, ' ikf.Z'''' , . . ■ ' A; :‘‘k ite r;.1t , , . .I *1,. ' . i''.git,,,‘C. . . ' 4.4t''.'' j.1'.‘;. '' . . '.': ' 4.11,0q:.":'•, . ' *. .',.' {S''''..-''',*'.'1:':*-'.4..3.....h! - -„•;:e..3' ' '''1:-.:10.: ,"-. '•-- ,''''...4.-.::: . .1 r-4(4- .....:„..4..x..,42,.. .., ..._ - -- i.,,i - - ..... , T.,,r- " , ,,..,04..... 5 .1„.... 1,•--- ' JO-A N N ..'''-':' -. i ''' '.:,• .. .I PLYc... 4- '.7 ''.7 '.', 4,' ', . 1 f rE317:771- ...." Us 0 , -.-.. ' -: :iii,,,,S ; 1' ; X P E T C 0 – 144 1 :.• —- 1-1.4 r 111 • ' • .••"1 ; 'r• . •.` ..-gill '-0a. C..:-A . • -.o.... •. .,„ ., .. , ,, ,,, ... ,... .. imt .. , ,.‘.1. At;• , . , ,..":.-;r:4•• ,t, • • .,.-,.'1,0';','.S..,,,,,' , ', ,.. . ., ,,,__ ..,_,s''•••""„'•,,-"'' l'•'••, '-,,L, ,. ,,,` :•:- _'-''. ",' 1: ',...; . .':•••• 'ili• 1•241;•,• 1...' ' ` ''e" ' , 48 82.6 s.f., 15.6 feet in height North Bound- Airport Rd/Naples Blvd. South Bound Airport Rd./Naples Blvd. .. . ,..:. . -!• .: - „. "*.,'''' ; .e.' . ' . ' -.4 • - .,. ''. '' ,,,N.,ff ly. - . . , . . .. . if' L4-, v . , - .... . I ..- . . , _ Itialle ,. , 1 . . }. ' ,.---.41,,' , — . , 1 ., toi■.:1 rg:AILAe ir'siti.• .l u L.r. ..... --- _. " -4-L..... ...... • •• - _. _ .., 2015/01/28 oh: 'R ."..-L. 4%;.,""- .1.,.;,-..,' - .*:;'• ' r 1 /01/28 01:56 0 , 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 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. 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, the proposed alternative will allow for longer viewing time and signs that are more visible to drivers. 2. The change to LDC section 5.06.04 furthers visibility by requiring the sign area to be a minimum of 24 inches above grade. Hedges and shrubs will also be required to maintain a maximum height of 24 inches within the visibility triangle in order to preserve visibility within the visibility triangle. 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 n 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. 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined term Monument Ground Signs- 10-foot Setback • • . • $ 1 A ,s''. -. 9uedmill 1 x- •fir 3i:.' _ ,.. _ - Pine Ridge Rd. Radio Rd. 15.75 s.f. 6 feet in height, 42.6 s.f. 8 feet in height 100' Wide Lot qr- • it Er✓a'y nom. .,,.. r .� ... yjC�Lp ��7� r J. qua -w 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. 7 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. 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 .�+'l - A COLLIER PLAZA -. . 7-firieµpfacity :S 4 .- CAR186EAN I 7"",_. q TeXtelA E- - M POGO STORE i flME YEIXFII5A41 n Goodwell Y.7; ri.k wv,++n Brill:Chill OM OM AR. _ :aaaa N ' ` RackoShack �.., , nw g N is ` ; , ,.,...---4.4 CASN aO'ANCT .. ... Golden Gate Center- 9 Tenants Collier Plaza- Collier Blvd. 96 s.f. 20 feet in height 145.20 s.f. 20 feet in height , �� „ ! $I'T' i DICK �-' FLOOR . „..., ,;.„.. ,,„. ..„ :. Naples Centre Village- 8 Panels Marquesa, Livingston Rd.- 8 Panels Pole Signs— 10-foot setback, 80 s.f. 15-foot high ( Gtay t 441 lasurance ,�/ _-2301166__ t agency,Inc. '4 s S Em 7+ ■, ana ,RO - ' . , '.�.,-�.-�aNi� HLLER MUM .none tuttfeiN (ai. t'--< —1'1 -I_- A. • NA r at /R7�+M^rM7�T : _ .. IF _ — .► 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. 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined term PLANNING COMMISSION: On May 21, 2015, the Planning Commission continued this item until June 4, 2015. At that time, the Code Enforcement Division will be present to address the sign holder matter and enforcement of landscape maintenance. 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. • 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 and 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, 5/26/15 Amend the LDC as follows: 1 2 4.06.02 Buffer Requirements 3 4 C. Table of buffer yards. 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. ltor.,ativeA Type A Buffer: Ten-foot-wide landscape buffer with trees spaced 8 no more than 30 feet on center. When an Alternative 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. 9 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. 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 Alternative. 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. AlternativccD 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 (SceF ure40a02C 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 in height within in one year shall be required in the 46 landscape buffer where vehicular areas are adjacent to the road right- 47 of-way, pursuant to section 4.06.05 C.4. The hedges shall be maintained 48 at maximum height of 36 inches. 49 c. Where a fence or wall fronts an arterial or collector road as described 50 by the transportation circulation element of the growth management plan, 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined term 1 a continuous 3 gallon single row hedge a minimum of 24 inches in height ' 2 spaced 3 feet on center, shall be planted along the right-of-way side of 3 the fence. The required trees shall be located on the side of the fence 4 facing the right-of-way. Every effort shall be made to undulate the wall 5 and landscaping design incorporating trees, shrubs, and ground cover 6 into the design. It is not the intent of this requirement to obscure from 7 view decorative elements such as emblems, tile, molding and wrought 8 iron. 9 d. The remaining area of the required landscape buffer must contain only 10 existing native vegetation, grass, ground cover, or other landscape 11 treatment. Every effort should be made to preserve, retain and 12 incorporate the existing native vegetation in these areas. 13 e. A signaqe visibility triangle may be created for non-residential on- 14 premises signs located as shown in Figure 4.06.02.C.4.e for Type D 15 buffers that are 20 feet or greater in width. The line of visibility shall be no 16 greater than 30 linear feet along road right-of-way line. Within the 17 visibility triangle, shrubs and hedges shall be required pursuant to section 18 4.06.05.D.4, except that hedges, shrubs, or ground cover located within 19 the signaqe visibility triangle shall be maintained at a maximum plant 20 height of 24 inches. Within the visibility triangle, no more than one 21 required canopy tree may be exempted from the Type D buffer 22 requirements. 23 ,� TYPES OF BUFFERS CODE REQUIRED LANDSCAPE BUFFERS LDC 4.06.02.0.1.-4. r` r` i i =BEIMMIEUMEZZ-• TYPE 'A'BUFFER MD6HWM6..D •o R6H ATRANRG r` Ara. ii °= s iPan 'fib--o�e',e-°-�.-'. see-.e_ �Iurait hriAir lilir►�tIiili`l TYPE 'B'BUFFER aaDaHMM6..DGMVHiHATP WyG AIWA __i_ 00:9 6,COVOZOOfiCIN Aroaseeeee-ser-seev TYPE 'C'BUFFER DOUMlE-STA66tREDH SARROW.xJ SU UMS �MD D� ��z. .TM.MAn,�TA�.T.. .gee aoeoeoee.e�eeaoeaooPgee.�eaeo.o�000 oeen.. eooe000soc+seeeoeeea0000eseoeca00000000eeeeoeoeao vrrrr►wiw �►�w�rr�►�r J= TYPE 'D'BUFFER yARyEs NOTE:•RE)aa IT'IN BUFFER PLANTING IS ENCOURAGED. WON TREES A SHRUBS MAY OCam ANY WHERE WITHIN BUFFER AS LONG AS ON CENTER REQUIREMENTIS MET. •BUFFER MAY MEANDER AS LONG AS SPECIFIED WIDTH IS MAINTAINED. 24 25 Figure 4.06.02 C. 26 11 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Bold text indicates a defined term 3G• Line of Visibiity T z .,- 15' "5' ,\ HGW Lirc /s (=Yob. Lii ) \ U lr t No °'y t c ,c'",k "4} Visibility = Visibility -2' 4: Trio, Triangle 1 G ag Tree 3egiarad � \ rto ♦-#0.4 = S -' \ / ta i \ _ / ; ':. Sir Lase Width Vnnes�� sc' 7 ".DMW Or(7S/tI'O MaRlita SECllO. MOM YAVI:EYEVT 31.4M a 0.7[0/20, FM AM OY TRH,.`Erk 1 - — 2 Figure 4.06.02.C.4.e. - (Note: Figure does not include double row hedge) 3 4 # # # # # # # # # # # # # 5 6 4.06.05 - General Landscaping Requirements 7 8 D. Plant Material Standards. 9 * * * * * * * * * * * * * 10 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a 11 minimum height as specified in Section 4.06.02.C. except: 1) where visibility at 12 street and driveway intersections is requiret and 21 where pedestrian access is 13 provided; or 3) where a signage visibility triangle for non-residential on-premise 14 signs per section 4.06.02 C.4.e is utilized. Shrubs and hedges shall screen the 15 adjacent pavement surface or developed property required to be buffered 16 and/or screened. Hedges, where required, shall be maintained so as to form a 17 continuous, unbroken, solid visual screen within a minimum of one year after 18 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. 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1 1. The maximum size limitation shall apply to each sign structure or sign area, 2 whichever is applicable. Pole or ground signs may be placed back to back or in 3 V-type construction, when both sides bear the same graphic display; then such 4 sign structure shall be considered as one sign. 5 2. Spot or floodlights shall be permitted only where such spot or floodlight is non- 6 revolving and said light shines only on the owner's premises or signs and away 7 from any right-of-way. 8 3. The use of accent lighting as defined by the Land Development Code is 9 prohibited. 10 4. The use of fluorescent colors on signs is prohibited. 11 5. If the applicant is not the owner of the property, then a copy of a notarized 12 authorization letter between the property owner or property manager and the 13 applicant is required, specifically authorizing approval of the erection of a sign on 14 the subject parcel. 15 6. Official Address Numbers and/or the range of Official Address Numbers shall be 16 posted within the upper third portion of the sign face for commercial signage that 17 utilizes the following sign types: pole sign, ground sign, and directory sign. 18 Address numbers on signs shall be a minimum height of 8 inches. Where signs 19 are erected on streets that do not match the building address, no address 20 numbers shall be posted on the sign. Address numbers shall not count as sign 21 message or graphics, unless address numbers exceed 12 inches in height. 22 7. The permit and or application number shall be displayed or affixed at the base of 23 the sign structure and shall have the same life expectancy as the sign. Such 24 permit number shall be clearly legible to a person standing 5 feet in front of the 25 base of the sign and, in no case, shall the permit number be less than % inch in 26 height. 27 8. Double-faced signs shall be measured by one side only if both sides display the 28 same graphics. 29 9. No signs shall be permitted on a vacant lot or parcel, unless a building permit 30 or clearing permit has been issued, with the exception of real estate signs which 31 may be allowed on parcels less than 10 acres. 32 10. For any ground sign over 32 sq. feet or over 8 feet in height, construction 33 drawings shall be certified by a Florida registered engineer or a Florida registered 34 architect. The construction drawings shall contain the plans and specifications, 35 the method of construction, and the method of attachment to the building or the 36 ground for pole signs and all projecting signs. 37 11. Sign area shall be no lower than 24 inches above grade. 38 39 40 41 F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall 42 signs, and mansard signs shall be allowed in all nonresidential zoning districts 43 subject to the restrictions below: 44 1. Pole or ground signs. Single-occupancy or multiple-occupancy parcels, having 45 frontage of 150 feet or more on a public street, or combined public street 46 frontage of 220 linear feet or more for corner lots, shall be permitted one pole 47 or ground sign. Additional pole or ground signs may be permitted provided 48 that there is a minimum of a 1,000 foot separation between such signs, each 49 sign is separated by a minimum of 1,000 feet as measured along the-read 50 street frontage and all setback requirements are met. In no case shall the 51 number of pole or ground signs exceed 2 per street frontage. 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 a. Maximum allowable height. All pole or ground signs within 2 nonresidential zoning districts and as applicable to designated 3 nonresidential portions of PUD zoned properties are limited to a 4 maximum height of 15 feet when located along an arterial or collector 5 road and 12 feet for all other roads, except as otherwise provided 6 herein. Height shall be measured from the lowest centerline grade of 7 the nearest public or private right-of-way or easement to the 8 uppermost portion of the sign structure. 9 b. Minimum setback. All pole or ground signs within nonresidential 10 zoning districts, and as applicable to designated nonresidential portions 11 of PUD zoned properties, shall be located no closer than 10 feet from 12 any property line. 13 c. Maximum allowable sign area: 80 square feet for pole or ground 14 signs located along an arterial or collector road and 60 square feet 15 for all other roads. 16 d. Pole signs and, where applicable, ground signs shall provide a pole 17 cover no less than 50 percent of the width of the sign, with architectural 18 design features including colors and or materials common to those 19 used in the design of the building to which the sign is accessory. 20 e. A minimum 100 square foot landscaping area shall be provided around 21 the base of any ground sign or pole sign. 22 f. Ground signs for smaller lots. Single occupancy or multiple occupancy 23 parcels shall be allowed 1 ground sign provided the following 24 1114 n-requirements, as applicable, are met: 25 i-1. For those lots or parcels with public road frontage of no less 26 than 49875 feet, but up to 149.9 feet, or a combined public ,-� 27 street frontage of no less than 150 feet but less than 219.9 feet 28 for corner lots or parcels: 29 a) No portion of the ground sign may be located closer 30 than 10 feet from any property line. 31 b) A landscaping area of no less than 100 square feet shall 32 be provided around the base of the ground sign. 33 c) The ground sign design shall include features common 34 to those used in the design of the building(s) to which 35 the sign is accessory. 36 d) The ground sign may be double-sided but cannot be 37 placed in a V-shape. 38 e) Any illumination of the sign shall be non-revolving and 39 shine away from any right-of-way:, unless otherwise 40 provided for in this section. An electrical permit is 41 required and the sign shall meet the standards of the 42 National Electric Code, as adopted by Collier County. 43 f) The Official Address Numbers and/or the range of 44 Official Address Numbers for the property shall be 45 displayed in numerals at least 8 inches high on all of the 46 sign faces and shall be located so as to not be covered 47 by landscaping or other impediments; Address numbers 48 shall not count as sign message or graphics, unless 49 address numbers exceed 12 inches in height. 50 gf) No other freestanding signs shall be allowed on the 51 same lot or parcel. 14 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM Text underlined is new text to be added. Text ctrikethrough is current text to be deleted. Bold text indicates a defined term 1 ++ 2. Maximum height and sign area. 2 a) For those lots or parcels with frontage of 121 to 149.9 3 feet, or a combined public street frontage of no less 4 than 150 feet for corner lots or parcels but less than 5 219.9 feet: 6 a}1l The ground sign shall be limited to 8 feet in 7 height, as measured from the lowest centerline 8 grade of the nearest public road to the 9 uppermost portion of the sign structure 10 regardless of the roadway classification; and 11 b}) The maximum allowable sign area is 32 square 12 feet. 13 14b) In addition, For those lots or parcels with frontage of 14 40075 to 120.9 feet: 15 a}j The ground sign shall be limited to 6 8 feet in 16 height, as measured from the lowest centerline 17 grade of the nearest public road to the 18 uppermost portion of the sign structure 19 regardless of the roadway classification; and 20 b The maximum allowable sign area is 16 square 21 feet. 22 2. Outparcels. In addition to the above requirements, signs for outparcels, 23 regardless of the size of an outparcel, shall be limited to the following: 24 a. In addition to any wall signs permitted by this Code, outparcels may by 25 allowed 1 additional 60 square foot wall sign facing the shopping 26 center if the additional sign is not oriented towards any public right-of- 27 way. In no case shall the number of wall signs for an outparcel 28 exceed 2 signs; and, 29 b. A single ground sign for outparcels having a frontage of 150 feet or 30 more, not to exceed 60 square feet. Ground signs shall be limited to 31 eight feet in height. 32 3. Directory Signs. Multiple-occupancy parcels or multiple parcels developed 33 under a unified development plan, with a minimum of 8 independent units, 34 and containing 25,00020,000 square feet or more of leasable floor area will 35 shall be permitted 1 directory sign at one entrance on each public street. 8ne 36 - -- - - -- .. . . - • - -- - - - • - = -- 37 - - -- .. - - - - - - -- -- - - 38 a. The maximum height for directory signs is limited to 20 feet. Height 39 shall be measured from the lowest centerline grade of the nearest 40 public or private right-of-way or easement to the uppermost portion of 41 the sign structure. 42 b. Directory signs shall not be closer than 4-510 feet from the property 43 line, unless otherwise noted below or as provided for in section 44 9.03.07, 45 c. Maximum allowable sign area: 4-50200 square feet for directory 46 signs. 47 d. A minimum 100 square foot landscaping area shall be provided around 48 the base of any directory sign, 49 # # # # # # # # # # # # # 50 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 5-28-15 for CCPC on 060415.docx 5/28/2015 8:54:53 AM CCPC - Page 56 CCPC - Page 57 LDC Amendment Request This amendment is a companion item to the Privately Initiated LDC amendment to LDC section 4.08.07 SRA Designation. 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: This amendment proposes to amend the public notice and public hearing requirements for SRA Designations and Amendments. The Privately Initiated LDC amendment is proposing to add SRA substantial and insubstantial changes to the amendment process for SRAs. The new procedures model the PUD amendment notice and hearing requirements. In addition, the applicant has agreed to send mailed notices to all real property owners that are covered by the proposed ordinance or Hearing Examiner decision. REASON: Public notice and required hearings are necessary for the proposed amendment procedures. In addition, the Planning Commission directed that the Neighborhood Information Meeting become a requirement, rather than optional for amendments to an SRA. Please note that there is currently one SRA, the Town of Ave Maria, which is in a non-urban designated area and will be required to send mailed notices to all real property owners within 1,000 feet of the property lines of the subject property (Administrative Code, Chapter 8). LDC Section 10.03.05 - Required Methods of Providing Public Notice provides information on each type of public notice and Chapter 8 of the Administrative Code provides specific requirements for each public notice type. DSAC-LDR RECOMMENDATIONS: DSAC reviewed and unanimously approved a previous draft which established a NIM is required for a SRA Amendment. 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 CCPC - Page 58 OTHER NOTES/VERSION DATE: Prepared by Richard Henderlong, Principal Planner, February 17, 2015 Amend the LDC as follows: 1 4.08.07 SRA Designation 2 3 F. SRA Application Approval Process. 4 1. Public Hearings Required. The BCC shall review the staff report and 5 recommendations and the recommendations of the EAC and CCPC, and the 6 BCC shall, by resolution, approve, deny, or approve with conditions the SRA 7 Application only after advertised public notices have been provided and public 8 hearings held in accordance with LDC section 10.03.06 M. the e-ll wing 9 provisions: 10 a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC 11 - -e e e-- --- - --- - e• - --- - - - - - - - - - 12 SRA if such SRA is within the ACSC, or is adjoining land designated as 13 Conservation, FSA, or HSA. 14 b. . Public Hearing Before the CCPC, Recommendation to BCC. The CCPC 15 - - - e-- -- -- - --- - --- - e• - eec - e - - - 16 designate an SRA. A notice of the public h aring before the CCPC on the 17 18 - - - -- - - -- - ---- - -- - - - 19 --- - . -- - -- - - -- - - 20 c. Public Hearing Before the BCC, Resolution Approved. The BCC shall 21 hold one (1) advertised public hearing on the proposed resolution to 22 designate an SRA. A public notice, which shall include a general 23 description and a map or sketch, shall be given to the citizens of Collier 24 County by publication in a newspaper of general circulation in the County 25 at least ten (10) days prior to the hearing of the BCC. The advertised 26 public notice of the proposed adoption of the resolution shall, in addition, 27 contain the date, time and place of the hearing;-the title of the proposed 28 resolution and the place within the County where such proposed 29 resolution may be inspected by the public. The notice shall also advise 30 _ - - - -- -- - - -- - - -' . - - - - -' -'- - 31 respect to the proposed resolution. 32 # # # # # # # # # # # # # 33 10.03.06 Public Notice and Required Hearings for Land Use Petitions. 34 35 M. Ordinance or - • _ •_ _ - - - _ e -.e '-_- .• _ • -_ _ _ P.A - - •- 36 1. The following advertised public h arings are required, except for minor 37 amendments per LDC section 4.08.07 38 a. . One EAC hearing, if required, pursuant to LDC section '1.08.07 F. 39 b. . One Planning Commission hearing pursuant to LDC section 4.08.07 40 c. One BCC hearing pursuant to LDC section /1.08.07 41 2. The following notice procedures are required: 42 a. . An optional A NIM. See LDC section 10.03.05 A. 43 b. . Newspaper Advertisement prior to each advertised public hearing 44 pursuant to LDC section 4.08.06 F. 45 M. Ordinance or resolution for a Stewardship Receiving Area (SRA) and SRA amendments. CCPC - Page 59 1 1. The following advertised public hearings are required: 2 a. SRA designation or SRA substantial change: 3 i. One EAC hearing, if required. 4 ii. One Planning Commission hearing. 5 iii. One BCC hearing. 6 b. SRA insubstantial change: 7 i. One Planning Commission or Hearing Examiner hearing. 8 ii. If heard by the Planning Commission, one BCC hearing. 9 2. The following notice procedures are required: 10 a. SRA designation or SRA substantial change: 11 i. A NIM. See LDC section 10.03.05 A. 12 ii. Mailed Notice prior to the first advertised public hearing. 13 iii. Newspaper Advertisement prior to each advertised public hearing 14 in accordance with F.S. § 125.66. 15 iv. Posting of a sign prior to the first advertised public hearing. 16 v. Mailed Notice shall be sent to each real property owner within the 17 area covered by the proposed ordinance prior to the advertised 18 BCC public hearing. 19 b. SRA insubstantial change: 20 i. A NIM. See LDC section 10.03.05 A. 21 ii. Mailed Notice prior to the advertised public hearing. 22 iii. Newspaper Advertisement prior to the advertised public hearing. 23 iv. Posting of a sign prior to the advertised public hearing. 24 v. Mailed Notice shall be sent to each real property owner within the 25 area covered by the proposed ordinance or Hearing Examiner 26 decision prior to the advertised public hearing. 27 # # # # # # # # # # # # # CCPC - Page 60 CCPC - Page 61 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 and agreements being included are: 5. Irrevocable Standby Letter, Performance Bond, and Performance Agreement For Excavation Work 6. Irrevocable Standby Letter, Performance Bond, and Performance Agreement For Early Work Authorization 7. Irrevocable Standby Letter, Performance Bond, and Performance Agreement 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. PLANNING COMMISSION: On May 21, 2015, the Planning Commission unanimously approved the proposed amendment with a 5-0 vote. Following the public hearing, three n performance agreements have been added to the appendix by the County Attorney for Excavation, Early Work, and Site Development Plan Improvements. CCPC - Page 62 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 OTHER NOTES/VERSION DATE: Prepared by: Richard Henderlong, Principal Planner, 3-5-15, 5-26-15 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 c. Performance Agreement 25 26 A.3. Early Work Improvements 27 a. Irrevocable Standby Letter of Credit 28 b. Performance Bond 29 c. Performance Agreement 30 31 A.4. Site Development Plan Improvements 32 a. Irrevocable Standby Letter of Credit 33 b. Performance Bond 34 c. Performance Agreement CCPC - Page 63 1 2 A.1. Subdivision Improvements 3 4 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 5 6 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7 (insert issuer's identifying number) 8 9 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 10 "Issuer"). 11 12 PLACE OF EXPIRY: At Issuer's counters. 13 14 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 15 issue), and shall thereafter be automatically renewed for successive one-year periods on the 16 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 17 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 18 this Credit. 19 20 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 21 current business address). 22 23 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 24 "Beneficiary") c/o Engineering Services Growth Management Department, 2800 North 25 Horseshoe Drive, Naples, Florida 34104. 26 27 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 28 29 CREDIT AVAILABLE WITH: Issuer. 30 31 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 32 Issuer. 33 34 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 35 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 36 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 37 Applicant) has failed to construct and/or maintain the improvements associated with that certain 38 plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to 39 Collier County has not been performed prior to the date of expiry, and satisfactory alternative 40 performance security has not been provided to and formally accepted by the Beneficiary." 41 42 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 43 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 44 (insert original date of issue)" The original Letter of Credit and all amendments, if any, must be 45 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 46 following address (list Florida address). 47 48 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 49 shall not in any way be modified, amended, or amplified by reference to any document, 50 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 51 such reference shall not be deemed to incorporate herein by reference any document, 52 instrument or agreement. CCPC - Page 64 1 2 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 3 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 4 5 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 6 Revision) International Chamber of Commerce Publication No. 600. 7 (Name of Issuer) 8 9 By: 10 11 12 Printed Name/Title 13 (President, Vice President, or CEO) 14 (Provide proper Evidence of 15 Authority) 16 17 (Ord. No. 12 38, § 3 ) 18 19 b. The Performance Bond shall be substantially as follows: 20 PERFORMANCE BOND 21 22 KNOW ALL PERSONS BY THESE PRESENTS: that 23 24 (NAME OF OWNER) 25 (ADDRESS OF OWNER) 26 27 (hereinafter referred to as "Owner") and 28 29 (NAME OF SURETY) 30 (ADDRESS/TELEPHONE NUMBER OF SURETY) 31 32 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 33 (hereinafter referred to as "County") in the total aggregate sum of Dollars 34 ($ ) in lawful money of the United States, for the payment of which sum well and 35 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 36 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 37 or plural, as the context requires. 38 39 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 40 approval by the Board a certain subdivision plat named and that certain 41 subdivision shall include specific improvements which are required by Collier County 42 Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of 43 the Surety shall commence on the date this Bond is executed and shall continue until the date 44 of final acceptance by the Board of County Commissioners of the specific improvements 45 described in the Land Development Regulations (hereinafter the "Guaranty Period"). 46 47 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 48 and duties in accordance with the Land Development Regulations during the guaranty period 49 established by the County, and the Owner shall satisfy all claims and demands incurred and 50 shall fully indemnify and save harmless the County from and against all costs and damages -- 51 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the CCPC - Page 65 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) Printed Name Printed Name/Titl' (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 Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 37 CCPC - Page 66 1 ACKNOWLEDGMENT 2 3 STATE OF 4 5 COUNTY OF 6 7 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8 DAY OF , 20 , BY (NAME OF 9 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 10 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 11 12 Notary Public - State of 13 (SEAL) 14 15 Printed Name 16 17 c. The Construction, Maintenance and Escrow Agreement for Subdivision 18 Improvements shall be substantially as follows: 19 20 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR 21 SUBDIVISION IMPROVEMENTS 22 23 THIS AGREEMENT entered into this day of , 20 24 by (description of entity) (hereinafter "Developer"), THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and 26 (hereinafter "Lender"). -- 27 28 RECITALS: 29 A. Developer has, simultaneously with the delivery of this Agreement, applied for 30 the approval by the Board of a certain plat of a subdivision to be known 31 as 32 33 B. The subdivision will include certain improvements which are required by Collier 34 County ordinances, as set forth in a site construction cost estimate ("Estimate") 35 prepared by- , a copy of which is attached hereto and incorporated 36 herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are 37 limited to those described in the Estimate. 38 39 C. Sections 10.02.05 C and 10.02.04 of the Collier County Subdivision Code 40 Division of the Unified Land Development Code requires the Developer to provide 41 appropriate guarantees for the construction and maintenance of the Required 42 Improvements. 43 44 D. Lender has entered into a construction loan agreement with Developer dated 45 _, Account No. (the "Construction Loan") to fund the 46 cost of the Required Improvements. 47 48 E. Developer and the Board have acknowledged that the amount Developer is 49 required to guarantee pursuant to this Agreement is $ , and this amount 50 represents 110% of the Developer's engineer's estimate of the construction costs for 51 the Required Improvements. 52 CCPC - Page 67 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 CCPC - Page 68 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 CCPC - Page 69 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) IBy: 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 OFI COL LIERCOUNTY, FLORIDA By: ,Deputy Clerk By: , Chairman 'Approved as to form and legal sufficiency �lepality: --� 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: CCPC - Page 70 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 6. The Developer shall maintain all required improvements for a minimum period 32 of one year after preliminary approval by the County Manager or his designee. 33 After the one year maintenance period by the Developer has terminated, the 34 Developer shall petition the County Manager or his designee to inspect the 35 required improvements. The County Manager or his designee shall inspect the 36 improvements and, if found to be still in compliance with the Collier County 37 Land Development Code as reflected by final approval by the Board, the 38 Board shall release the remaining 10% of the subdivision performance 39 security. The Developer's responsibility for maintenance of the required 40 improvements shall continue unless or until the Board accepts maintenance 41 responsibility for and by the County. 42 43 7. Six (6) months after the execution of this Agreement and once within every six 44 (6) months thereafter the Developer may request the County Manager or his 45 designee to reduce the dollar amount of the subdivision performance security 46 on the basis of work complete, Each request for a reduction in the dollar 47 amount of the subdivision performance security shall be accompanied by a 48 statement of substantial completion by the Developer's engineer together with 49 the project records necessary for review by the County Manager or his 50 designee. The County Manager or his designee may grant the request for a 51 reduction in the amount of the subdivision performance security for the 52 improvements completed as of the date of the request. CCPC - Page 71 1 2 9. In the event the Developer shall fail or neglect to fulfill its obligations under this 3 Agreement, upon certification of such failure, the County Manager or his 4 designee may call upon the subdivision performance security to secure 5 satisfactory completion, repair and maintenance of the required improvements. 6 The Board shall have the right to construct and maintain, or cause to be 7 constructed or maintained, pursuant to public advertisement and receipt and 8 acceptance of bids, the improvements required herein. The Developer, as 9 principal under the subdivision performance security, shall be liable to pay and 10 to indemnify the Board, upon completion of such construction, the final total 11 cost to the Board thereof, including, but not limited to, engineering, legal and 12 contingent costs, together with any damages, either direct or consequential, 13 which the Board may sustain on account of the failure of the Developer to fulfill 14 all of the provisions of this Agreement. 15 16 10. All of the terms, covenants and conditions herein contained are and shall be 17 binding upon the Developer and the respective successors and assigns of the 18 Developer. 19 20 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 21 be executed by their duly authorized representatives this day of be executed this 22 day of , 20 23 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 TTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: ,Chairman Approved as to form and sufficiency Assistant County Attorney 24 25 A.2. Excavation Improvements 26 27 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 28 29 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 30 (insert issuer's identifying number) 31 32 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 33 "Issuer"). 34 35 PLACE OF EXPIRY: At Issuer's counters. CCPC - Page 72 1 2 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 3 issue), and shall thereafter be automatically renewed for successive one-year periods on the 4 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 5 Issuer notifies the Be neficiary in writing by registered mail that the Issuer elects not to so renew 6 this Credit. 7 8 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 9 current business address). 10 11 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 12 "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, 13 Florida 34104. 14 15 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 16 17 CREDIT AVAILABLE WITH: Issuer. 18 19 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 20 Issuer. 21 22 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 23 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 24 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 25 Applicant) has failed to construct and/or maintain the excavation improvements associated with 26 Excavation Permit No. , or prior to the date of expiry final approval of the -- 27 excavation has not been granted by Collier County as required by Collier County Ordinances 28 and Resolutions, and the Applicant failed to provide the County with a satisfactory alternative 29 performance security." 30 31 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 32 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 33 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 34 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 35 following address (list Florida address). 36 37 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 38 shall not in any way be modified, amended, or amplified by reference to any document, 39 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 40 such reference shall not be deemed to incorporate herein by reference any document, 41 instrument or agreement. 42 43 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 44 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 45 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 46 Revision) International Chamber of Commerce Publication No. 600. 47 48 (Name of Issuer) 49 50 By: 51 52 CCPC - Page 73 1 Printed Name/Title 2 (President, Vice President, or CEO) 3 (Provide proper Evidence of 4 Authority) 5 6 7 b. The Performance Bond for Excavation Work shall be substantially as follows: 8 9 PERFORMANCE BOND FOR EXCAVATION WORK 10 11 KNOW ALL PERSONS BY THESE PRESENTS: that 12 13 (NAME OF OWNER) 14 (ADDRESS OF OWNER) 15 16 (hereinafter referred to as "Owner") and 17 18 (NAME OF SURETY) 19 (ADDRESS/TELEPHONE NUMBER OF SURETY) 20 21 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 22 (hereinafter referred to as "County") in the total aggregate sum of Dollars 23 ($ ) in lawful money of the United States, for the payment of which sum well and 24 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 25 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular -- 26 or plural, as the context requires. 27 28 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 29 approval by the Board a certain excavation permit no. and that certain 30 excavation permit shall include specific improvements which are required by Collier County 31 Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of 32 the Surety shall commence on the date this Bond is executed and shall continue until the date 33 of completion of the work and approval by the County of the specific improvements described in 34 the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a 35 new bond in the event of a change of Ownership. 36 37 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 38 and duties in accordance with the Land Development Regulations during the guaranty period 39 established by the County, and the Owner shall satisfy all claims and demands incurred and 40 shall fully indemnify and save harmless the County from and against all costs and damages 41 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 42 County all outlay and expense which the County may incur in making good any default, then this 43 obligation shall be void, otherwise to remain in full force and effect. 44 45 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 46 agrees that no change, extension of time, alteration, addition or deletion to the proposed 47 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 48 waive notice of any such change, extension of time, alteration, addition or deletion to the 49 proposed specific improvements. 50 51 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 52 amended automatically and immediately, without formal and separate amendments hereto, so CCPC - Page 74 1 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 2 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 3 whether referring to this Bond, or other documents shall include any alteration, addition or 4 modification of any character whatsoever. 5 6 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 7 to be executed this day of , 20 8 WITNESSES: (Owner Name and Title if Corporation) 1By: Printed Name Printed Name/Title ':,(Provide Proper Evidence of Authority) Printed Name 9 10 ACKNOWLEDGEMENT 11 12 STATE OF 13 14 COUNTY OF 15 16 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 17 DAY OF , 20 , BY (NAME OF 18 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 19 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 20 21 Notary Public - State of 22 (SEAL) 23 24 Printed Name 25 WITNESSES: (Surety Name and Title if Corporation) jBy: Printed Name Printed Name/Title ;(Provide Proper Evidence of Authority) Printed Name 26 27 ACKNOWLEDGMENT 28 29 STATE OF 30 31 COUNTY OF 32 33 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 34 DAY OF , 20 , BY (NAME OF 35 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 36 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 37 38 Notary Public - State of CCPC - Page 75 1 (SEAL) 2 3 Printed Name 4 5 c. The Performance Agreement for Excavation shall be substantially as follows: 6 7 EXCAVATION PERFORMANCE AGREEMENT 8 9 THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 10 day of , 2015 between hereinafter referred to as "Developer," and 11 the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 12 "Board". 13 14 WHEREAS, Developer has applied for an excavation permit in accordance with Section 15 22-106, et al of the Collier County Code of Laws and Ordinances and the Collier County Land 16 Development Code including but not limited to Section 3.05.10 (collectively, the "Excavation 17 Regulations"); and 18 19 WHEREAS, the Excavation Regulations require the Developer to post appropriate 20 guarantees and execute an Excavation Performance Security Agreement stating applicant will 21 comply with the Excavation Regulations and Excavation Permit No. (the "Excavation 22 Permit"). 23 24 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 25 hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: ^ 26 27 1. Developer agrees to comply with the Excavation Regulations and the Excavation 28 Permit (the "Excavation Work"). 29 30 2. Developer herewith tenders its excavation performance security (attached hereto 31 as Exhibit "A" and by reference made a part hereof) in the amount of 32 $ 33 34 3. In the event of default by the Developer or failure of the Developer to complete 35 the Excavation Work within the time required by the Excavation Regulations and 36 Excavation Permit, Collier County, may call upon the excavation performance 37 security to insure satisfactory completion of the Excavation Work. 38 39 4. The Excavation Work shall not be considered complete until Developer notifies 40 the County that the Excavation Work is complete and the final Excavation Work 41 is reviewed and approved by the County Manager or his designee for compliance 42 with the Excavation Regulations. 43 44 5. The County Manager or his designee shall, within sixty (60) days of receipt of 45 notification by Developer in writing that the Excavation Work is complete, either: 46 a) notify the Developer in writing of his approval of the Excavation Work; or b) 47 notify the Developer in writing of his refusal to approve the Excavation Work, 48 therewith specifying those conditions which the Developer must fulfill in order to 49 obtain the County Manager's approval of the Excavation Work. 50 51 6. In the event the Developer shall fail or neglect to fulfill its obligations under this 52 Agreement, upon certification of such failure, the County Manager or his CCPC - Page 76 1 designee may call upon the excavation performance security to secure 2 satisfactory completion, repair and maintenance of the Excavation Work. The 3 Board shall have the right to construct and maintain, or cause to be constructed 4 or maintained, pursuant to public advertisement and receipt and acceptance of 5 bids, the Excavation Work. The Developer, as principal under the excavation 6 performance security, shall be liable to pay and to indemnify the Board, upon 7 completion of such construction, the final total cost to the Board thereof, 8 including, but not limited to, engineering, legal and contingent costs, together 9 with any damages, either direct or consequential, which the Board may sustain 10 on account of the failure of the Developer to fulfill all of the provisions of this 11 Agreement. 12 13 7. All of the terms, covenants and conditions herein contained are and shall be 14 binding upon the Developer and the respective successors and assigns of the 15 Developer. 16 17 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 18 be executed by their duly authorized representatives this day of 19 20 20 21 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: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: ,Chairman Approved as to form and legality: Assistant County Attorney 22 23 A.3. Early Work Improvements 24 25 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 26 27 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 28 (insert issuer's identifying number) 29 30 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 31 "Issuer"). 32 _ 33 PLACE OF EXPIRY: At Issuer's counters. 34 CCPC - Page 77 1 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of — 2 issue), and shall thereafter be automatically renewed for successive one-year periods on the 3 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the 4 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 5 this Credit. 6 7 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 8 current business address). 9 10 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 11 "Beneficiary") _ _ --- _ _- _ Growth Management Department, 2800 North 12 Horseshoe Drive, Naples, Florida 34104. 13 14 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 15 CREDIT AVAILABLE WITH: Issuer. 16 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 17 Issuer. 18 19 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 20 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 21 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 22 Applicant) has failed to construct and/or maintain the early work improvements associated with 23 Early Work Authorization Permit No. , or prior to the date of expiry a 24 subsequent final development order, such as site development plan or plat, has not been 25 approved by Collier County as required by Collier County Ordinances and Resolutions, and the 26 Applicant failed to provide the County with a satisfactory alternative performance security." 27 28 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 29 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 30 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 31 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 32 following address (list Florida address). 33 34 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 35 shall not in any way be modified, amended, or amplified by reference to any document, 36 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 37 such reference shall not be deemed to incorporate herein by reference any document, 38 instrument or agreement. 39 40 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 41 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 42 43 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 44 Revision) International Chamber of Commerce Publication No. 600. 45 (Name of Issuer) 46 47 By: 48 49 50 Printed Name/Title 51 (President, Vice President, or CEO) CCPC - Page 78 1 (Provide proper Evidence of 2 Authority) 3 4 5 b. The Performance Bond for Early Work Authorization shall be substantially as 6 follows: 7 8 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION 9 10 KNOW ALL PERSON S BY THESE PRESENTS: that 11 12 (NAME OF OWNER) 13 (ADDRESS OF OWNER) 14 15 (hereinafter referred to as "Owner") and 16 17 (NAME OF SURETY) 18 (ADDRESS/TELEPHONE NUMBER OF SURETY) 19 20 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 21 (hereinafter referred to as "County") in the total aggregate sum of Dollars 22 ($ ) in lawful money of the United States, for the payment of which sum well and 23 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 24 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 25 or plural, as the context requires. 26 27 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for 28 approval by the Board a certain Early Work Authorization Permit No. and that 29 certain Early Work Authorization shall include specific improvements which are required by 30 Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This 31 obligation of the Surety shall commence on the date this Bond is executed and shall continue 32 until the completion of the work and approval by the County of the specific improvements 33 described in the Land Development Regulations, or until issuance of a subsequent final 34 development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans 35 (PPL) (hereinafter the "Guaranty Period"), or until replaced by a new bond in the event of a 36 change in Ownership. 37 38 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 39 and duties in accordance with the Land Development Regulations during the guaranty period 40 established by the County, and the Owner shall satisfy all claims and demands incurred and 41 shall fully indemnify and save harmless the County from and against all costs and damages 42 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 43 County all outlay and expense which the County may incur in making good any default, then this 44 obligation shall be void, otherwise to remain in full force and effect. 45 46 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 47 agrees that no change, extension of time, alteration, addition or deletion to the proposed 48 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 49 waive notice of any such change, extension of time, alteration, addition or deletion to the 50 proposed specific improvements. 51 52 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed CCPC - Page 79 1 amended automatically and immediately, without formal and separate amendments hereto, so 2 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 3 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 4 whether referring to this Bond, or other documents shall include any alteration, addition or 5 modification of any character whatsoever. 6 7 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 8 to be executed this day of , 20 9 ;WITNESSES: !(Owner Name and Title if Corporation) :By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 10 11 ACKNOWLEDGEMENT 12 13 STATE OF 14 15 COUNTY OF 16 17 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 18 DAY OF , 20 , BY (NAME OF 19 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 20 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 21 22 Notary Public - State of 23 (SEAL) 24 25 Printed Name 26 WITNESSES: (Surety Name and Title if Corporation) By: ;Printed Name !Printed Name/Title !(Provide Proper Evidence of Authority) Printed Name 27 28 ACKNOWLEDGMENT 29 30 STATE OF 31 32 COUNTY OF 33 34 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 35 DAY OF , 20 , BY (NAME OF 36 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 37 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 38 CCPC - Page 80 1 Notary Public - State of 2 (SEAL) 3 4 Printed Name 5 6 c. The Performance Agreement for Early Work shall be substantially as follows: 7 8 EARLY WORK PERFORMANCE AGREEMENT 9 10 THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 11 day of , 2015 between hereinafter referred to as "Developer," and 12 the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 13 "Board". 14 15 WHEREAS, Developer has applied for an early work authorization in accordance with 16 the Collier County Land Development Code including but not limited to Section 10.01.02.B 17 (collectively, the "Early Work Regulations"); and 18 19 WHEREAS, the Early Work Regulations require the Developer to post appropriate 20 performance guarantees to ensure compliance with the Early Work Regulations and Early Work 21 Authorization Permit No. (the "Early Work Permit"). 22 23 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 24 hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 25 26 1. Developer agrees to comply with the Early Work Regulations and the Early Work --- 27 Permit (the "Early Work"). 28 29 2. Developer herewith tenders its early work performance security (attached hereto 30 as Exhibit "A" and by reference made a part hereof) in the amount of 31 $ 32 33 3. In the event of default by the Developer or failure of the Developer to complete 34 the Early Work within the time required by the Early Work Regulations and Early 35 Work Permit, Collier County, may call upon the early work performance security 36 to insure satisfactory completion of the Early Work. 37 38 4. The Early Work shall not be considered complete until Developer notifies the 39 County that the Early Work is complete and the final Early Work is reviewed and 40 approved by the County Manager or his designee for compliance with the Early 41 Work Regulations. 42 43 5. The County Manager or his designee shall, within sixty (60) days of receipt of 44 notification by Developer in writing that the Early Work is complete, either: a) 45 notify the Developer in writing of his approval of the Early Work; or b) notify the 46 Developer in writing of his refusal to approve the Early Work, therewith specifying 47 those conditions which the Developer must fulfill in order to obtain the County 48 Manager's approval of the Early Work. 49 50 6. In the event the Developer shall fail or neglect to fulfill its obligations under this 51 Agreement, upon certification of such failure, the County Manager or his 52 designee may call upon the early performance security to secure satisfactory CCPC - Page 81 1 completion, repair and maintenance of the Early Work. The Board shall have the 2 right to construct and maintain, or cause to be constructed or maintained, 3 pursuant to public advertisement and receipt and acceptance of bids, the Early 4 Work. The Developer, as principal under the early performance security, shall be 5 liable to pay and to indemnify the Board, upon completion of such construction, 6 the final total cost to the Board thereof, including, but not limited to, engineering, 7 legal and contingent costs, together with any damages, either direct or 8 consequential, which the Board may sustain on account of the failure of the 9 Developer to fulfill all of the provisions of this Agreement. 10 11 7. All of the terms, covenants and conditions herein contained are and shall be 12 binding upon the Developer and the respective successors and assigns of the 13 Developer. 14 15 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 16 be executed by their duly authorized representatives this day of 17 20 18 19 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: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS 6OF COLLIER COUNTY, FLORIDA By , Deputy Clerk 1By: ,Chairman Approved as to form and legality: Assistant County Attorney 20 21 A.4. Site Development Plan Improvements 22 23 a. The Irrevocable Standby Letter of Credit shall be substantially as follows: 24 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 25 (insert issuer's identifying number) 26 27 ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter 28 "Issuer"). 29 30 PLACE OF EXPIRY: At Issuer's counters. 31 DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of 32 issue), and shall thereafter be automatically renewed for successive one-year periods on the 33 anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the CCPC - Page 82 1 Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew 2 this Credit. — 3 4 APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's 5 current business address). 6 7 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 8 "Beneficiary") do Growth Management Department, 2800 North Horseshoe Drive, Naples, 9 Florida 34104. 10 AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. 11 12 CREDIT AVAILABLE WITH: Issuer. 13 14 BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the 15 Issuer. 16 17 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN 18 ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY 19 SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of 20 Applicant) has failed to construct and/or maintain the improvements associated with the Site 21 Development Plan known as (insert name of Site Development Plan ), PL# 22 or prior to the date of expiry satisfactory final inspection of the 23 Site Development Plan improvements has not been performed by Collier County as required by 24 Collier County Ordinances and Resolutions, and the Applicant failed to provide the County with 25 a satisfactory alternative performance security." 26 27 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under 28 (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated 29 (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be 30 presented for proper endorsement. Draft(s) may be presented within the State of Florida at the 31 following address (list Florida address). 32 33 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking 34 shall not in any way be modified, amended, or amplified by reference to any document, 35 instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any 36 such reference shall not be deemed to incorporate herein by reference any document, 37 instrument or agreement. 38 39 Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the 40 terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. 41 This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 42 Revision) International Chamber of Commerce Publication No. 600. 43 (Name of Issuer) 44 45 By: 46 47 48 Printed Name/Title 49 (President, Vice President, or CEO) 50 (Provide proper Evidence of 51 Authority) 52 CCPC - Page 83 1 b. The Performance Bond for Site Development Plans shall be substantially as 2 follows: 3 4 PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS 5 6 KNOW ALL PERSONS BY THESE PRESENTS: that 7 (NAME OF OWNER) 8 (ADDRESS OF OWNER) 9 10 (hereinafter referred to as "Owner) and 11 12 (NAME OF SURETY) 13 (ADDRESS/TELEPHONE NUMBER OF SURETY) 14 15 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, 16 (hereinafter referred to as "County") in the total aggregate sum of Dollars 17 ($ ) in lawful money of the United States, for the payment of which sum well and 18 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 19 assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular 20 or plural, as the context requires. 21 22 THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received 23 approval of a certain Site Development Plan named and that certain Site 24 Development Plan includes specific improvements which are required by Collier County 25 Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of 26 the Surety shall commence on the date this Bond is executed and shall continue until the 27 completion of the work and the date of satisfactory final inspection by the County of the specific 28 improvements described in the Site Development Plan pursuant to the Land Development 29 Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a 30 change in Ownership. 31 32 NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations 33 and duties in accordance with the Land Development Regulations during the guaranty period 34 established by the County, and the Owner shall satisfy all claims and demands incurred and 35 shall fully indemnify and save harmless the County from and against all costs and damages 36 which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the 37 County all outlay and expense which the County may incur in making good any default, then this 38 obligation shall be void, otherwise to remain in full force and effect. 39 40 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and 41 agrees that no change, extension of time, alteration, addition or deletion to the proposed 42 specific improvements shall in any way affect its obligation on this Bond, and it does hereby 43 waive notice of any such change, extension of time, alteration, addition or deletion to the 44 proposed specific improvements. 45 46 PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed 47 amended automatically and immediately, without formal and separate amendments hereto, so 48 as to bind the Owner and the Surety to the full and faithful performance in accordance with the 49 Land Development Regulations. The term "Amendment," wherever used in this Bond, and 50 whether referring to this Bond, or other documents shall include any alteration, addition or 51 modification of any character whatsoever. 52 CCPC - Page 84 1 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND 2 to be executed this day of , 20 3 WITNESSES: '(Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name 4 5 ACKNOWLEDGEMENT 6 7 STATE OF 8 9 COUNTY OF 10 11 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 12 DAY OF , 20 , BY (NAME OF 13 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 14 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 15 16 Notary Public - State of 17 (SEAL) 18 19 Printed Name 20 JVVITNESSES: (Surety Name and Title if Corporation) By: Printed Name ;Printed Name/Title ;(Provide Proper Evidence of Authority) ,Printed Name 21 22 ACKNOWLEDGMENT 23 24 STATE OF 25 26 COUNTY OF 27 28 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 29 DAY OF , 20 , BY (NAME OF 30 ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN 31 TO ME, OR HAS PRODUCED AS IDENTIFICATION. 32 33 Notary Public - State of 34 (SEAL) 35 36 Printed Name 37 CCPC - Page 85 1 c. The Performance Agreement for Site Development shall be substantially as 2 follows: 3 4 SITE DEVELOPMENT PERFORMANCE AGREEMENT 5 6 THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered into this 7 day of , 2015 between hereinafter referred to as 8 "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter 9 referred to as the "Board". 10 11 WHEREAS, Developer has applied for site development plan approval in accordance 12 with the Collier County Land Development Code including but not limited to Section 10.02.03.D 13 (collectively, the "Site Development Plan Regulations"); and 14 15 WHEREAS, the Site Development Plan Regulations require the Developer to post 16 appropriate performance guarantees to ensure compliance with the Site Development Plan 17 Regulations and Site Development Plan Approval No. (the "Site Development 18 Plan Approval"). 19 20 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants 21 hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 22 23 1. Developer agrees to comply with the Site Development Plan Regulations and the 24 Site Development Plan Approval (the "Site Development"). 25 26 2. Developer herewith tenders its site development performance security (attached 27 hereto as Exhibit "A" and by reference made a part hereof) in the amount of 28 $ 29 30 3. In the event of default by the Developer or failure of the Developer to complete 31 the Site Development within the time required by the Site Development Plan 32 Regulations and Site Development Plan Approval, Collier County, may call upon 33 the site development performance security to ensure satisfactory completion of 34 the Site Development. 35 36 4. The Site Development shall not be considered complete until Developer notifies 37 the County that the Site Development is complete and the final Site Development 38 is reviewed and approved by the County Manager or his designee for compliance 39 with the Site Development Plan Regulations. 40 41 5. The County Manager or his designee shall, within sixty (60) days of receipt of 42 notification by Developer in writing that the Site Development is complete, either: 43 a) notify the Developer in writing of his approval of the Site Development; or b) 44 notify the Developer in writing of his refusal to approve the Site Development, 45 therewith specifying those conditions which the Developer must fulfill in order to 46 obtain the County Manager's approval of the Site Development. 47 48 6. In the event the Developer shall fail or neglect to fulfill its obligations under this 49 Agreement, upon certification of such failure, the County Manager or his 50 designee may call upon the site development performance security to secure 51 satisfactory completion, repair and maintenance of the Site Development. The 52 Board shall have the right to construct and maintain, or cause to be constructed CCPC - Page 86 1 or maintained, pursuant to public advertisement and receipt and acceptance of 2 bids, the Site Development. The Developer, as principal under the site 3 development performance security, shall be liable to pay and to indemnify the 4 Boarc, upon completion of such construction, the final total cost to the Board 5 thereof, including, but not limited to, engineering, legal and contingent costs, 6 together with any damages, either direct or consequential, which the Board may 7 sustaii on account of the failure of the Developer to fulfill all of the provisions of 8 this Agreement. 9 10 7. All of the terms, covenants and conditions herein contained are and shall be 11 binding upon the Developer and the respective successors and assigns of the 12 Developer. 13 14 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 15 be executed by their duly authorized representatives this day of 16 20 17 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: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: ,Chairman Approved as to form and legality: Assistant County Attorney 18 19 # # # # # # # # # # # # #