Ordinance 2002-29 AN ORDINANCE AMENDING ORDINANCE 91-102, AS,
AMENDED, THE COLLIER COU~Y LAND DEVELOP~NT
CODE, WHICH INCLUDES T~ COMPRE~NSIVE
REGULATIONS FOR T~ UNINCORPORATED AREA OF
COLLAR CO~TY, ~OR~A, BY PROV~ING FOR SECTION
ONE, RECITALS; SECTION TWO, FI~INGS OF FACT: SECTION
THREE A~MENTS TO T~ LA~ DEVELOP~NT CODE,
MORE SPEC~ICALLY A~NDING DIVISION 2.2. ZONING
DISTRICT, PERMI~ED USES, CONDITIONAL USES,
DIMENSIONAL STA~ARDS TO ESTABLISH INTERIM
DEVELOPMENT CONTROLS ON CERTAIN DEVELOPMENT
IMMEDIATELY ADJACENT TO OR HAVING SOLE ACCESS ON
T~ FOLLOWING ROADWAY SEG~NTS: VANDERBILT
BEACH ROAD FROM GULF SHORE DRIVE TO U.S. 41; DAVIS
BOULEVARD (SR 84) FROM RADIO ROAD (eR 856) TO COLLIER
BOULEVARD (eR 951); A~ THAT PORTION OF U.S. 41
SITUATE, LYING AND BEING IN T~ ~INCORPORATED
AREA OF COLLAR CO~TY, ~OR~A ~OM CREECH ROAD
TO P~E RIDGE ROAD (eR 896) A~ ANY DEVELOP~NT ON
AN ADJACENT/CONTIGUOUS ROADWAY SEGMENT THAT HAS
A CERTAIN IMPACT ON T~ ABOVE-RE~RENCED ROADWAY
SEGMENTS; INCLUDING DEFINITIONS, DURATION,
GEOGRAPHIC AREA, INTERIM DEVELOPMENT CONTRO~3~z
EXEMPTIONS, CONTINUATION OF EXISTING DEVELOP~?
AND A MAP DEPICT~G T~ RE~RENCED ROADWAY
SEG~NTS; SECTION FO~, CONFLICT A~ SEVERABILITY;
SECTION FIVE, INCLUSION IN T~ COLLAR COUNTY LA~
DEVELOPMENT CODE;' AND SECTION SIX, E~CTIVE DAT. /
W~REAS, the Collier County Growth Management Plan (Comprehe~
and Adequate Public Facilities Ordinance (Section 3.15 of the LDC) require an Annual
Update Inventory Report (AUIR) of public facilities including arterial and collector
roadways; and
WHEREAS, the last AUIR conducted was presented December 18, 2001 at which
time portions of Davis Boulevard, Vanderbilt Road and U.S. 41 were operating at
unacceptable levels of service as defined in the Comprehensive Plan. At that time,
however, rather than implement the Areas of Significant Influence provisions of the
Comprehensive Plan and Adequate Public Facilities Ordinance, the Board of County
Commissioners (Board) determined to include treatment of these facilities in provisions
of new concurrency management system policies in both the Comprehensive Plan and
amendments to the Adequate Public Facilities Ordinance; and
WHEREAS, changes in traffic conditions on these three segments and pressures
to permit immediate development which will further worsen traffic conditions have
resulted in this action to propose interim development controls (moratoria) on Davis
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Boulevard from Radio Road to Collier Boulevard, on Vanderbilt Beach Road from Gulf
Shore Drive to U.S. 41 and on U.S. 41 from Creech Road to Pine Ridge Road until the
Board can prepare and process amendments to the Comprehensive Plan and Adequate
Public Facilities Ordinance to implement the new transportation concurrency
management system which will better protect the citizens of Collier County; and
WHEREAS, these interim development controls (moratoria) are an acceptable
means to permit the Board to perform such necessary studies and data gathering and
prepare and process the necessary amendments to the Comprehensive Plan and Adequate
Public Facilities Ordinance; and
WHEREAS, the Board has expedited the time for transmittal and adoption of
amendments to the Comprehensive Plan and Adequate Public Facilities Ordinance to
establish a real time transportation concurrency management system for collector and
arterial roadway facilities so that it is anticipated they will be in place by December 2002;
and
WHEREAS, in the December 2001 AUIR, Davis Boulevard from Radio Road to
Collier Boulevard was operating at Level of Service (LOS) F with a volume to capacity
ratio of 1.29. Since that time, traffic crash data have shown an increase of 10%, with
many of those crashes due to the congestion experienced at the Davis Boulevard and
Collier Boulevard intersection; and
WHEREAS, the ongoing project development and environment study being
conducted by the Florida Department of Transportation (FDOT) has projected the total
cost estimate for the widening of Davis Boulevard from Santa Barbara Boulevard to
Collier Boulevard to be an estimated 57 million dollars. In December 2001, to help
address a shortfall of funding for this project, the Board programmed $8,200,000 into the
Capital Improvement Element (CIE) of the Comprehensive Plan for advancement of
reimbursement for related costs. This was thought to be an estimated 40% of the amount
needed for right-of-way acquisition but is now, based on these more recent FDOT
estimates, only about 20% of the right-of-way estimate. At current projected funding
levels, this project will take five to six years of new FDOT work program allocations to
adequately fund and complete the required construction to provide adequate capacity; and
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WHEREAS, there are many planned developments on or near the segment of
Davis Boulevard that will make the traffic conditions of this corridor even worse and
more of a danger to public health, safety and welfare, if action is not taken at this time to
preserve the corridor's existing capacity until improvements can be addressed; and
WHEREAS, in December 2001, Vanderbilt Beach Road from Gulf Shore Drive
to U.S. 41 was operating at LOS E with a volume to capacity ratio of .95. Since that
time, this segment has seen a 15% increase in traffic and is now operating at LOS F with
a projected volume to capacity ratio of 1.10. This roadway was previously designated as
"constrained" by policy of a former Board and, as such, has no plans for improvement
contemplated by the Board; and
WHEREAS, U.S. 41 from Creech Road to Pine Ridge Road is operating at LOS F
with a volume to capacity ratio of over 1.00. It has seen an increase in traffic crashes of
10% over the previous year's data; and
WHEREAS, this particular facility is six lanes and there are no planned
improvements to address the deficiencies. Additionally, the west side of this roadway is
located in the City of Naples; the east side of this roadway is located in Collier County;
and
WHEREAS, it is necessary for the public health, safety and welfare that the
Board act expeditiously to impose interim development controls (moratoria) on these
three roadway segments in order to maintain a status quo while the County determines
what further actions to take to more adequately protect the public and to revise its
Comprehensive Plan and land development regulations to reflect and establish a real time
transportation concurrency management system for roadway facilities.
WHEREAS, pursuant to Resolution Number 02-224 on May 14, 2002, the Board
directed that this interim development control Ordinance be prepared for its review and
for review by the Collier County Planning Commission as part of the Spring Cycle 2002
Land Development Code Amendment cycle; and
WHEREAS, pursuant to Resolution Number 02-224, on May 14, 2002, the Board
directed that certain Comprehensive Plan amendments relating to transportation
concurrency, together with implementing land development regulations, be prepared for
its review and for review by the Collier County Planning Commission, and
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WHEREAS, all applicable substantive and procedural requirements of the law
have been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing recitals are true and correct and incorporated by reference herein as
if fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes
the following findings of fact:
1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida
Local Government Comprehensive Planning and Land Development Regulations Act
(hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan.
2. After adoption of the Comprehensive Plan, the Act and in particular Sec.
163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations
that are consistent with and implement the adopted comprehensive plan.
3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the
adoption and enforcement by Collier County of land development regulations for the total
unincorporated area shall be based on; be related to, and be a means of implementation
for, the adopted Comprehensive Plan as required by the Act.
4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development
regulations enacted or amended by Collier County be consistent with the adopted
Comprehensive Plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the adopted
Comprehensive Plan, or element or portion thereof, shall be amended so as to be
consistent.
5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to
encourage the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan as its Comprehensive Plan pursuant to the requirements of Sec.
1634.3161 et seq. Fla. Stat., and Rule 9Jo5, F.A.C.
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7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan,
or element or portion thereof, has been adopted in conformity with the Act, all
development undertaken by, and all actions taken in regard to development orders by,
governmental agencies in regard to land covered by such Comprehensive Plan or element
or portion thereof shall be consistent with such Comprehensive Plan or element or
portion thereof.
8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land
development regulation shall be consistent with the Comprehensive Plan if the land uses,
densities or intensities, in the Comprehensive Plan and if it meets all other criteria
enumerated by the local government.
9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved
or undertaken by a local government shall be consistent with the Comprehensive Plan if
the land uses, densities or intensities, capacity or size, timing, and other aspects of
development are compatible with, and further the objectives, policies, land uses, densities
or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by
the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991 and may be amended
twice annually.
11. Collier County finds that the Land Development Code is intended and
necessary to preserve and enhance the present advantages that exist in Collier County;
encourage the most appropriate use of land, water and resources, consistent with the
public interest; overcome present handicaps; and deal effectively with future problems
that may result from the use and development of land within the total unincorporated are
of Collier County and it is intended that this Land Development Code preserve, promote,
protect, and improve the public health, safety, comfort, good order, appearance,
convenience, and general welfare of Collier County; prevent the overcrowding of land
and avoid the undue concentration of population; facilitate the adequate and efficient
provision of transportation, water, sewerage schools, parks, recreational facilities,
housing, and other requirements and services, conserve, develop, utilize, and protect
natural resources within the jurisdiction of Collier County; and protect human,
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environmental, social, and economic resources; and maintain through orderly growth and
development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier
County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and
through these amendments to the Code.
13. Those recitals contained in the preceding "Whereas" clauses are adopted
as findings of fact.
SECTION THREE: AMENDMENTS TO THE LAND DEVELOPMENT CODE
ESTABLISHING INTERIM DEVELOPMENT CONTRLS
(MORATORIA).
Division 2.2, Zoning Districts, Permitted Uses, Conditional Uses, Dimensional
Standards of the Collier County Land Development Code, Ordinance Number 91-102, as
amended, is hereby amended to read as follows:
Sec. 2.2.3.7. Establishment of interim development controls (moratoria) for
segments of U.S. 41 from Creech Road to Pine Ridge Road~
Vanderbilt Beach Road from U.S. 41 to Gulf Shore Drive and Davis
Boulevard from Radio Road to Collier Boulevard.
2.2.3.7.1 Definitions: For purposes of this Ordinance the following terms
defined as follows:
(1)
(2)
are
The term "de minimis impact" means any development in the defined
interim development control (moratorium) area that contributes less than
one (1) percent of the peak hour service volume to the designated interim
development control (moratorium) segments. One (1) percent of the peak
hour service volume for Davis Boulevard (SR 84) between Radio Road
(CR 856) and Collier Boulevard (CR 951) is equal to 16 peak hour trips,
one (1) percent of the peak hour service volume for US 41 between
Creech Road and Pine Ridge Road (CR 896) is 52 peak hour trips and one,
(l) percent of the peak hour service volume for Vanderbilt Beach Road
(CR 862) from Gulfshore Drive to US 41 is 17 peak hour trips.
The term "immediately adjacent" means any development that obtains.
through direct connection or use of a non-major public or private roadway.
access to the county's major roadway system via an interim development
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(3)
(4)
control (moratorium) segment as depicted on the attached map. These
immediately adjacent roadway segments are depicted on the map as
interim development control (moratorium) segments.
The term "County's major roadway network" means any functionally
classified arterial or collector roadway
The term "adjacent/contiguous" means any development on links of the
county maior roadway segment that, through direct connection or use of a
non-major public or private roadway, are physically connected to the
interim development control (moratorium) segments as depicted on the
attached map and which contributes greater than a de minimus impact to
an interim development control (moratorium) segment. The
adjacent/contiguous roadway segments for Davis Boulevard (SR 84)
include Davis Boulevard (SR 84) from Santa Barbara Boulevard to Radio
Road (CR 856), Radio Road (CR 856) from Santa Barbara Boulevard to
Davis Boulevard (SR 84), Collier Boulevard (CR 951) from Rattlesnake
Hammock (CR 864) to Davis Boulevard (SR 84), Collier Boulevard (CR
951) from Davis Boulevard (SR 84) to Creech Road (CR 886) and Beck
Boulevard from Collier Boulevard (CR 951) to its termination. The
adjacent/contiguous roadway segments for US 41 include US 41 from
Pine Ridge Road (CR 896) to Vanderbilt Beach Road, Pine Ridge Road
(CR 896) from US 41 to Goodlette Frank Road (CR 851) and Seagate
Drive from Crayton Road to US 41. The adjacent/contiguous roadway
segments for Vanderbilt Beach Road include Gulfshore Drive from
Vanderbilt Beach Road to Bluebill Avenue, Vanderbilt Drive from
Vanderbilt Beach Road to 111th Avenue North, US 41 from Pine Ridge
Road (CR 896) to Vanderbilt Beach Road, US 41 from Vanderbilt Beach
Road (CR 862) to Immokalee Road (CR 846) and Vanderbilt Beach Road
(CR 862) from US 41 to Goodlette Frank Road (CR 851). These
adjacent/contiguous roadway segments are depicted on the map as
analysis segments.
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(5).
2.2.37.2
until the
The term link or segment means the division of a roadway created by the
intersection of the county's major roadway network.
Duration: The duration of this interim development control shall be
Comprehensive Plan amendments providing for a new transportation
concurrency management system and the implementing land development regulations
become legally effective.
2.2.37.3 Geographic Areas: The following areas are subject to the development
limitations imposed by this Ordinance:
(1) That segment or link of U.S. 41, running in a southerly direction from Pine
Ridge Road (CR 896) to Creech Road to the extent that such segment lies
within the unincorporated area of Collier County, Florida ~
(2) That segment or link of Vanderbilt Beach Road running in a westerly
direction from U.S. 41 to Gulf Shore Drive; and
(3) That segment or link of Davis Boulevard (SR 84) running in a westerly
direction from Collier Boulevard (CR 951) to Radio Road (CR 856).
2.2.37.4 Limitations on development: Except for the exemptions listed below, no
development order, including any building permit, shall be issued for any improvements
upon any lot, tract or parcel of land lying:
(1) Immediately adjacent to those roadway segments or links outlined under
the Geographic Areas above; or
(2) Adjacent/contiguous to those roadway segments or links outlined under
the Geographic Areas above, and on which development of land
contributes greater than de minimus impact to the interim development
control (moratorium) segment.
2.2.37.5. Exemptions: Development orders, including any building permit, may be
issued for improvements to any lot, tract, or parcel of land for the following:
(1) Development that is not immediately adjacent to any of the three roadway
segments or links identified herein.
(2) Development not adjacent/contiguous to any of the three roadway links or
segments identified herein.
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(3) Development of a single-family home on a lot, tract or parcel of land even
if such lot, tract, or parcel of land is immediately adjacent or
adjacent/contiguous to any of the three roadway segments or links
identified herein.
(4) Any development for which a valid certificate of public facility adequacy
has been issued and remains in effect as of the adoption date of this
Ordinance.
(5) Any development pursuant to a final site plan or final subdivision plat, for
which no waiver and release has been executed pursuant to section 3.15.7
of this code, or building permit issued between 1995 and the adoption date
of this ordinance.
(6) Vested proiects. All valid, unexpired final development of regional
impact (DRI) development orders which were issued prior to adoption of
this Ordinance except where:
a) Development conditions or stipulations applicable to concurrency,
or the provisions of adequate public facilities concurrent with the
impacts of development, exist in the DRI development order'
b) Substantial deviations are sought for a DRI development order, and
then, this Ordinance shall apply only to those portions of the
development for which the deviation is sought;
c) An overriding concern for public health, safety, or welfare exists;
d) The county can demonstrate pursuant to F.S. § 380.06, that
substantial changes in the conditions underlying the approval of
the development order have occurred or the development order
was based on substantially inaccurate information provided by the
developer or that the application of this Ordinance to the
development order is clearly established to be essential to the
public health, safety and welfare.
Also any development or project that is deemed to be "vested" according
to the common law as established by the Florida Courts
(7) Improvements or additions to a single-family residence.
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(8)
(9)
(1o)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
Replacement or redevelopment structures which have the same or lesser
impact on public facilities as the original structure.
Amenities such as pools, fences, walls and signs.
Temporary construction trailers.
Wells and septic tanks.
Remodeling, such as moving a wall, if no change in use, additio~ of units,
or interior completion of a "shell only" structure is involved.
Driveway or parking lot repaving.
Changes of electrical service.
Reroofing of existing structures.
Repair or replacement of mechanical systems, wiring or plumbing
Use permits and right-of-way permits that do not increase the needed
capacity of public facilities.
Any sub-permit to new construction.
Permits for historical documentation.
Sign permits.
Utilities such as telephone switching stations, electrical power substations
and radio towers that create no additional impact on public facilities.
Tree removal permits.
Any development order required by the Collier County Code Enforcement
Board or deemed necessary by the Code Enforcement Department
Director, or his or her designee, to abate any violation or alleged violation
of this Land Development Code.
Accessory uses and structures, such as but not limited to pool enclosures,
chickees, swimming pools, cabanas, boat docks and other minor accessory
structures not exceeding 35 feet in height.
Noncommercial boat launching facilities.
Development for which completed applications for subdivision plat
approvals, or site development plan approvals, excluding the site
development plan or subdivision plat application for which a waiver and
release has either been applied for or obtained pursnant to section 3.15.7
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(27)
(28)
(29)
2.2.37.6
shall not affect or limit the construction of existing uses and include:
(2)
of this code, or certificates of public facility adequacy filed with or
approved by Collier County prior to the adoption of this Ordinance. The
receipt of the completed application by the County for any of the
development orders referenced above will permit the issuance of
subsequent development orders or permits necessary to complete the
subject development.
Completed applications filed prior to the adoption date of this Ordinance
or rezonings, conditional uses, and variances may be processed and
approved; however, no building permits shall be issued until these interim
development controls (moratoria) have expired or been otherwise
terminated.
A development that either has an approved development order or has
submitted a completed application for a development order to the county
as of June 11, 2002, and for which a waiver and release has been executed
shall be entitled to obtain a certificate of public facility adequacy by June
30, 2002. Upon obtaining the certificate of public facility adequacy by
said date, the development shall be exempt from the application of this
Ordinance and development orders or permits necessary to complete the
development will be issued by the county.
Public facilities necessary for the protection of the health, safety, or
welfare of the general public including but not limited to fire stations,
sheriff sub-stations, emergency medical service stations, public
educational facilities, wastewater treatment plants, water aeration and
treatment plants and solid waste facilities.
Continuation o£Existing Uses: The restrictions on development
Those uses for which all required permits have been issued;
Routine repair or maintenance of an existing structure or remodeling of
such existing structure that does not result in any structural additions or
modifications such as an increase in height or building footprint or an
increase in density or intensity; or
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(3) The replacement or repair of an existing use/structure occasioned by
casualty loss or damage such as fire, flood, storm event, wind, earthquake,
bombings, terrorist acts or the like. In the case of such casualty loss or
losses, such structure(s) may be repaired or rebuilt in accordance with the
buildback requirements of Ordinance Number 98-62, as it may be
amended or superseded.
2.2.37.7 Map: The following map depicts the three roadway segments or links
that are subject to the interim development controls established by this Ordinance
ROAD
GOLUiR GOUNTY, FLORIDA
Legend
fr~rr~ ~eYelo;,mm! C~ml/
-- M~or
udy
2.61 1.:~1 D 2.5 ~ ~
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County
and other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
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SECTION FIVE:
INCLUSION IN THE COLLIER
DEVELOPMENT CODE
COUNTY LAND
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance' may be changed
to "section," article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, this [ ! ~[' day of June, 2002.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~,~_As ta~~ ~'~d ~gal Sufficiency
M~o~ M. Student
Assistant County Attorney
BY:
JA N. COI.ETrA, CHAIRMAN
This ordirmnce flied with the
~Se~ret~.ry of ~Stote's Office the
and ocknow~dgernent ~ thor
filin, g~.~received this ~.~ L~--~. cloy
of,%T~7~, ~,~' ,~
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2002-29
Which was adopted by the Board of County Commissioners
on the llth day of June, 2002, during Regular Session.
WITNESS my hand and the official seal of the Boar~f ~
CP~ .... ~
County Commissioners of Collier County, Florida, this Nth .~ ~
day of June, 2002. ~-~:. ~ ~
DWIGHT E. BROCK
Clerk of Courts,~_.~'~ierk
County