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Backup Documents 01/08/2003 S BOARD OF COUNTY COMMISSIONERS- LAND DEVELOPMENT CODE SPECIAL MEETING JANUARY 8, 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 8, 2003 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON W HO DECIDES T O APPEAL A DECISION O F T HIS BOARD 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. 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 1 January 8, 2003 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. PLEDGE OF ALLEGIANCE AGENDA AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. Ordinance 2003-01 - Adopted with changes 5/0 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOUI,D BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 January8,2003 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS I ~ I0 tl~ Board: Please place the following as a: I~pl Advertisement XXXX Other: (Display Adv., location, etc.) Origimting Dept/Div: Comm-Dev.serV./Planning Person: //~.C. LA~C~X ~/~M~Date: //' / ~' ~' Petition No. (If none, give brief description): Bce LDC Amendments Petitioner: (Name & Address): Susan Murray, Current Planning Manager, Planning Services Department, 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hearing date: 1/8/03 Based on advertisement appearing 5_. days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: [] Legally Required BCC LDC Amendment 5 day Display Ad- See attached Legal Ad Does Petition Fee include advertising cost? XX Yes 113-138312-649110 .~ewed by: [] No If Yes, what account should be charged for advertising costs: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. Date Received: {I/'ZOIO'L- Date ofPublic hearing: 1/~'/0-~ Date Advertised: Approved by: Date County Manager Date DISTRIRUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or reqm for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distributl copies: COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT January 8, 2003 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, January 8 2003, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: Please publish the following Display, h page, with map attached, Legal Notice in your edition of Januar~ 2, 2003, and furnish proof of publication to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, East Naples, Florida 34104, Attention: Cecilia Martin. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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 SPCIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEmeNT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND iNCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REG~0LATIONS, DIVISION 3.2, -l- Phone (941) 403-2400 Fax (941) 643-6968 www. colliergov, net SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTIVLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES"; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said Ordinance. The unincorporated area of Collier County is shown on the map in this advertisement Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are available. Any person who decides to appeal a decision of the Board 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCC AD 2 (5 day) -2- November 21,2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: NOTICE OF PUBLIC HEARING AMENDING ORD. 91-102 Dear Pam: Please advertise the above referenced notice and map on Thursday, January.2, 2003. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Patricia L. Morgan, Deputy Clerk Enclosures P.O./Account # 113-138312-649110 January 8, 2003 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, January 8, 2003, at 5:05 P.M. in the Boardroom, 3rd Floor, Building ~F", Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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~ ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR ~PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES"; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE~ WHICH WILL BE EFFECTIVE WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND AS STATED IN SAID ORDINANCE. THE UNINCORPORATED AREA OF COLLIER COUNTY IS SHOWN ON THE MAP IN THIS ADVERTISEMENT. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk ( SEAL ) Patricia L. Mor~lan To: Subject: paperrell@naplesnews.com Advertising - DISPLAY AD -BCC/LDC Amendment Ord 91-102 Hi Pam, Please advertise the attached. The copy of the map will be faxed to you for inclusion into the ad display. This is for the follow-up hearin9 on January 8, 2003. Thank you, Trish Minutes & Records Amend. Ord.91-102 (i).doc Amend. Ord.91-102 (1-08),doc Patricia L. Mor~lan From: Sent: To: Subject: postmaster@clerk.collier.fi.us Thursday, November 21,2002 11:02 AM Patricia L. Morgan Delivery Status Notification (Relay) ATT190~92.txt Advertising - )ISPLAYAD-BCC/"Ttlis is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com Patricia L. Mor~lan From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Thursday, November 21,2002 10:57 AM Patricia L. Morgan Delivered: Advertising - DISPLAY AD -BCC/LDC Amendment ©rd 91-102 Advertising - ;)[SPLAY AD -BC£/.. message <<Advertising - DISPLAY AD -BCC/LDC Amendment Ord 91-102 >> Your To: paperrell@naplesnews.com Subject: Advertising - DISPLAY AD -BCC/LDC Amendment Ord 91-102 Sent: Thu, 21 Nov 2002 11:02:00 -0500 was delivered to the following recipient(s): Perrell, Pamela on Thu, 21 Nov 2002 10:57:04 -0500 Teri Michaels From: Sent: To: Subject: LDC BCC Ad 2.doc Martin, Cecilia Wednesday, December 18, 2002 8:54 AM Minutes and Records January 8, 2003 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, January 8 2003, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: Please publish the following Display, ~ page, with map attached, Legal Notice in your edition of January 2, 2003, and furnish proof of publication to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, East Naples, Florida 34104, Attention: Cecilia Martin. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR= SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACTs SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFICALLY AMENDING THE FOLLOWINGs ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR ~PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF TWELVE MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES! DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION~ DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE~ DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES~ ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTIVLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF ~ALLEY" AND THE ADDITION OF DEFINITIONS FOR ~OUTPARCEL" AND ~PASSENGER VEHICLES",AND YARD- FRONT! SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, and as stated in said Ordinance. The unincorporated area of Collier County is shown on the map in this advertisement Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are available. Any person who decides to appeal a decision of the Board 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCC AD 2 (5 day) December 18, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Notice to Kill Advertising for NOTICE OF PUBLIC HEARING AMENDING ORD. 91-102 Dear Pam: Please kill the advertising for the above referenced petition, scheduled to run in the Thursday, January 2, 2003 edition of the paper. Thank you. Sincerely, Teri Michaels, Deputy Clerk Teri Michaels From: Sent: To: Subject: System Administrator [postmaster@scripps.cam] Wednesday, December 18, 2002 10:52 AM Teri Michaels Undeliverable: KILL & READVERTISE REVISED NOTICE OF PUBLIC HEARING AMEND.ORD.91-102 KILL & VERTISE REVISED ~¥our message To: paperrel~naplesnews.com Subject: KILL & READVERTISE REVISED NOTICE OF PUBLIC HEARING AMEND.ORD.91-10? Sent: Wed, 18 Dec 2002 10:45:54 -0500 did not reach the following recipient(s): c=US;a= ;p=Scripps Howard;o=NDDMOa;dda:SMTP=paperrel@naplesnews.com; on Wed, 18 Dec 1~002 10:45:41 -0500 The recipient name is not recognized The AATS-ID of the original message is: c=US;a= ;p=Scripps Howard;I:NDNT030212181545XZXRVVL~T MSEXCH:IMS:Scripps Howard:NDDM02:NDNT03 0 (000C05A6) Unknown Recipient FAX TO: Pam Perrell LOCATION: Naples Daily News FAX NO: (941) 263-4703 COMMENTS: Please advertise as indicated FROM: LOCATION: COLLIER COUNTY COURTHOUSE FAX NO: PHONE NO: DATE SENT: TIME SENT: # OF PAGES: (941) 774-8408 (941) 774- December 18, 2002 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: (REVISED) NOTICE OF PUBLIC HEARING AMENDING ORD. 91-102 Dear Pam: Please advertise the above referenced notice and map on Thursday, January 2, 2003. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk Enclosures P.O./Account # 113-138312-649110 January 8, 2003 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, January 8, 2003, at 5:05 P.M. in the Boardroom, 3rd Floor, Building "F", Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF TWELVE MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES", AND YARDFRONT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE: WHICH WILL BE EFFECTIVE WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND AS STATED IN SAID ORDINANCE. THE UNINCORPORATED AREA OF COLLIER COUNTY IS SHOWN ON THE MAP IN THIS ADVERTISEMENT. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia L. Morgan, Deputy Clerk (SEAL) Teri Michaels To: Subject: paperrel@naplesnews.com KILL & READVERTISE REVISED NOTICE OF PUBLIC HEARING AMEND.ORD.91-102 Pcam-i will fox the mop to you-pleose confirm you rec'd ..... ony questions, pleose coil me ot 774- 8411 .... thonks! Amend. Ord.9~.-102 Amend.Ord.91-102 Amend.Ord.91-102 (1)KILL.doc (1).doc (1-08).doc Teri Michaels From: Sent: To: Subject: postmaster@clerk.collier.fl .us Wednesday, December 18, 2002 10:52 AM Teri Michaels Delivery Status Notification (Relay) AIT316357.txt KILL & VERTZSE REVISED ~This is on automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrel~naplesnews.com ~il.y ~ws ' 1075 Central Aven#e Naples, Florida 34! 02 I F~J(.: or NUMBER OF PAGES INCLUDING COVER SHEET:. ~I~..45F. CALL IF YOU HAVE ~4NY QUEST!OA~ ACCOUNTING DEPARTMENT Sent by: Kan!ca Faz ~A25 94!263~B6~ ; 0!!GA!03 !7:!3; #B~4; Page 2!2 Affidavit of Publication r, ppea~..'d u ,. - 2003 published at Naolc$, in said Collie, Count. Florida. and ~t ~m said o~ in Naples. in said Co}liar ~unl~. Finds. for a period of { eo~sion ~ re,nd for the ~u~o$~ of $¢curin~ ~is adve~i~ent for ( Sig~c of JanUary 8' 2003 ·' ,' BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION Notice is hereby given that on WEDNESDAY, January 6, 2003, at 5:05 P.M. in the Boardroom, 3rd .Floor, Building "F", Collier Coqnty Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance pursuant to Chapter 125.66(2), Florida Statutes, the title of which is as follows: - AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE coLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT REGU!.ATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, EY 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF TWELVE MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, rpLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES", AND YARD FRONT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE: WHICH WILL BE EFFECTIVE WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, AND AS STATED IN SAID ORDINANCE. THE UNINCORPORATED AREA OF COLLIER COUNTY IS SHOWN ON THE MAP IN THIS ADVERTISEMENT. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Flodda, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal.any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a ve~atim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSION--' ~COLLIER COUNTY, FLORIDA . . .'~' JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK,'CLERK By:/s/Patricia L. Morgan, . .~Deputy Clerk Ja~nuslry ;~, 2003 COLLHgR COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEAR~GS To: Clerk to the Board: Please place the following as a: Originating Dept/Div: Comm. Dev. Serv./Planning Petition No. (If none, give brief description): Petitioner: (Name & Address): ALL: XXX Normal legal Advertisement [] Other: (Display Adv., location, etc.) LDC-2002-02 Cycle 2 Susan Murray, AICP -Current Planning Manger Planning Services Department Name & Address of any person(s) to be notified by Clerk's Office: (I.f more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hem-ing date: 1 / 8 / 0 3 Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Based on advertisement appe~ys before hearing. El L~gally Required Proposed Text: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost?:~ Yes [] No 113-138312-649110 Reviewed by: V / Deparlrnent Heacl ~/- Date (Include legal description & common location & Size: Ordinance amending Ordinance 91-102 Collier County Land..Development Code If Yes, what account should be charged for advertising costs: Approved by: County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy 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 ~e: to Clerk's Office [] Requesting Division [] Original 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 ONLY: Date Received:/~]//o//'dr-~_~Date of Pubhc hearing: //,~/~ ,/ Date Advertised: ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARTICLE 2, ZONING, DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF TWELVE MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL," "PASSENGER VEHICLES," AND "YARD- FRONT"; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2002; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and 1 Words struck t~rzag~ are deleted, words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 11, 2002, and January 8, 2003~ and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and 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 (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 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. 2 Words struck t?,r.vugh are deleted, words underlined are added 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, 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. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.9., ENFORCEMENT Division 1.9 Enforcement, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.9 ENFORCEMENT Sec. 1.9.9 Notice and appeal All administrative decisions authorized by this Code for a pending violation of the Code concerning a stop work order, or the issuance, revocation, or suspension, er step work~,~.,^-'~ ..... u. u~..~'~ ...... ~,~..~..,~,,'~ .... v,~.~.-.l.e,'~'"~:-'~ ~"~ of building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, must be reduced to writing and shall be stated :~n .vffic~al written nct~ce sent by registered mail, return receipt requested, to the official holder of the affected development approval or permit applicant. Administrative decisions of the county manager, or authorized official may not be appealed to the board of county commissioners, board of zoning appeals, code enforcement board, or building board of adjustments and appeals, except as may be otherwise authorized by this Code or by other regulation adopted by reference as a part of this Code * * * * * * SUBSECTION 3.B AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 3 Words struck thrcugh are deleted, words underlined are added Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 2.2.2.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the rural agricultural district (A). 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 9. Essential services, as set forth in section 2.6.9.1. 10. Schools, public. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 2.2.3.2. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. Schools, pub!ic 'an'2 private. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, the estates district (E): 2.2.3.2.1. 1. 2. 3. 4. Permitted uses. Single-family dwelling. Family care facilities, subject to section 2.6.26. Essential services, as set forth in section 2.6.9.1. Schools, public. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. Schools, i¢ab!ic an~ private. 4 Words str'.:ck through are deleted, words underlined are added Sec. 2.2.4. Residential single-family districts (RSF). 2.2.4.2.1. Permitted uses. 1. Single -family dwellings. 2. Family care facilities, subject to section 2.6.26. 3. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). Conditional uses. The following uses are permissible as conditional uses in the residential single- family districts (RSF), subject to the standards and procedures established in division 2.7.4. 3. Schools, public (RSF-I, 2, and 4 zoning districts only, effective only through January 30, 2004) and private. 2.2.3.4.3. Minimum yard requirements. Front yard. 75 feet, except in the case of: Cc--onforming corner lots, in which ease only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Non-conforming through, i.e. double frontage lots, legal nonconfbrming lots of record with double road fl'ontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at lhe rate of fifteen percent of the depth of the lot, as measured from edge of the right-of-way. The non-conforming through lot utilizing the reduced frontage must establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road must be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall proiect beyond the average line so established. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. Sec. 2.2.12. (C-I) Commercial professional and general office district. 2.2.12.1. Purpose and intent. The C-1 commercial professional and general office district is intended to allow a concentration of office type buildings and land uses that are most compatible with, and located near, residential areas. Most C-1 commercial professional and general office districts are contiguous to, or when within a PUD will be placed in close proximity to residential areas, and therefore serve as a transitional zoning district between residential areas and higher intensity commercial zoning districts. The types of office uses permitted are those that do not have high traffic volumes throughout the day, which extend into the evening Words strt:cl~ t~c,m:g~ are deleted, words underlined are added hours. They will have morning and evening short-term peak conditions. The market support for these office uses should be those with a localized basis of market support as opposed to office functions requiring inter-jurisdictional and regional market support. Because office functions have significant employment characteristics, which are compounded when aggregations occur, certain personal service uses shall be permitted, to provide a convenience to office-based employment. Such convenience commercial uses shall be made an integral part of an office building as opposed to the singular use of a building. Housing may also be a component of this district as provided for through conditional use approval. 2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the C- 1 commercial professional and general office district. 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking (7521) parking lots only. 3. Barber shops (7241), except barber schools. 4. Beauty shops (7231), except beauty schools. 5. Business services (groups 7311, 7313, 7322--7331, 7338, 7371, 7372, 7374- -7376, 7379). 6. Child day care services (8351). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). 9. Health services (8011--8049). 10. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 11. Insurance carriers, agents and brokers (groups 6311--6399, 6411). 12. Legal services (8111). 13. Management and public relations services (groups 8741--8743, 8748). 14. Miscellaneous personal services (7291, 7299, debt counseling only). 15. Nondepositorycredit institutions (groups 6141--6163). 16. Photographic studios (7221). 17. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). Words struck through are deleted, words underlined are added 18. Real estate (groups 6531--6552~44-). 19. Shoe repair shops and shoeshine parlors (7251). 20. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 21. Transportation services (4724), travel agencies only. 22. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business, and are purely associated with activities conducted in an office. 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in division 2.7.4. 1. Automobile parking (7521), garages-automobile parking, parking structures. 2. Churches and other places of worship. 3. Civic, social and fraternal associations (8641). 4. Depository institutions (groups 6011--6099). 5. Educational services (8211-8231), except regional libraries. Homeless shelters, as defined by this Code. Increased building height to a maximum of 50 feet. Mixed residential and commercial uses subject to the following criteria: bo Co A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; fo Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall be controlled by the dimensional standards of the C-l, C-1/T district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; Words struck t~rzug5 are deleted, words underlined are added A minimum of 30 percent of the mixed-use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 9. Nursing and personal care facilities (8082). 10. Funeral service(7261 except crematories). 11. Religious organizations (8661). 12. Soup kitchens, as defined by this Code. 13. Veterinarian's office (0742), excluding outdoor kenneling. 14. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. Sec. 2.2.13. Commercial convenience district (C-2). 2.2.13.1. Purpose and intent. The purpose and intent of the commercial convenience district (C-2) is to provide lands where commercial establishments may be located to provide the small scale shopping and personal needs of the surrounding residential land uses within convenient travel distance except to the extent that office type uses and land uses carried forward from the C-1 district will expand the traditional neighborhOod size. However, the intent of this district is that retail and service uses be of a nature that can be economically supported by the immediate residential environs. Therefore, the uses should allow for goods and services that households require on a daily basis, as opposed to those goods and services that households seek for the most favorable economic price and therefore require much larger trade areas. It is intended that the C-2 district implements the Collier County growth management plan within those areas designated agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan; the neighborhood center district of the Immokalee Master Plan; and the urban mixed use district of the future land use element permitted in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible in the commercial convenience district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 2.2.13.2. Permitted uses. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the C-2 commercial convenience district. Words struck t~rm:g~ are deleted, words underlined are added 2.2.13.2.1. Permitted uses. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. Apparel and accessory stores with 1800 with square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Business services (groups 7311, 7313, 7322--7338, 7371--7379, 7384). Eating places with 2,800 square feet or less of gross floor area in the principal structure (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding). 5. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 6. Gasoline service stations (5541 subject to section 2.6.28). 7. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331 - 5399). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). 10. Health services (groups 8011--8049, 8082). 11. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731-- 5736). 12. Libraries (8231) except regional libraries. 13. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (762%-7631). 14. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 15. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principal structure (5231). 16. Personal services ,,;,h, Qtm ....... fee* ~ ' ....c .....n ....... :~ ,h~ v--,,~lv,~-~':~:~"' o,o*~-~*~,~., .... (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 1 17.18. United States Postal Service (4311 except major distribution center). 18.19. Veterinary services (0742 excluding outside kenneling). Words struck tkrzugk are deleted, words underlined are added 19.20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in division 2.7.4. 1. Educational services (8221,8222) except regional libraries. 2. Homeless shelters, as defined by this Code. 3. Mixed residential and commercial uses subject to the following criteria: ao A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; jo A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); ko The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 10 Words str',:'ck t~rm:g~ are deleted, words underlined are added Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 6. Soup kitchens, as defined by this Code. 7. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. Sec. 2.2.14. 2.2.14.1. 2.2.14.2. 2.2.14.2.1. Commercial intermediate district (C-3). Purpose and intent. The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping and have a trade area consisting of several neighborhoods and are preferably located at the intersection of two arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling types of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible in the commercial intermediate district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Permitted uses. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the commercial intermediate district (C-3). Permitted uses. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. Apparel and accessory stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5611--5699). Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (5531). Automotive services (7549) except that this shall not be construed to permit the activity of "wrecker service (towing) automobiles, road and towing service." Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, 11 Words struck through are deleted, words underlined are added pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). Eating places with 6,000 square feet or less in gross floor area in the principal structure (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). o General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331-5399). o Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 10. [Reserved.] 11. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 12. Libraries (8231). 13. Marinas (4493), subject to section 2.6.22. 14. Membership organizations (8611--8699). 15. Miscellaneous repair services (groups 7629-7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 16. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 17. Museums and art galleries (8412),.~ow* e,-..~..,~o~"~:~° only. 18. Nondepository credit institutions (groups 6111--6163). 19. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). 20. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, 7221 725 !, 7291, 7299 babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 21. Physical fitness facilities (7991) 22. Public administration (groups 9111--9199, 9229, 9311,9411--9451, 9511-- 9532, 9611--9661). 12 Words str'~:ck through are deleted, words underlined are added 23. 24. 25. 26. 27. 28. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). United States Postal Service (4311 except major distribution centers). Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in division 2.7.4. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 3. Educational services (8221, 8222) Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). 54. 76. Homeless shelters, as defined by this Code. Hospitals (groups 8062--8069). Justice, public order and safety (groups 9221, 9222, 9224, 9229). Social services (8322--8399). Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; 13 Words stn:zk t~rzag~ are deleted, words underlined are added The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plato g. Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two- bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; A minimum of 30 percent of the mixed-use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 10 9. Motion picture theaters, except drive-in (7832). 11 40. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 12 11. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 1_}3.-1-2. Permitted use with less than 700 square feet gross floor area in the principal structure. Soup kitchens, as defined by this Code. 15. 14. Vocational schools (8243--8299). Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. Sec. 2.2.15. General commercial district (C-4). 2.2.15.1. Purpose and intent. The general commercial district is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and 14 Words struck through are deleted, words underlined are added 2.2.15.2. 2.2.15.2.1. recreational attractions, at a larger scale then the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on site such as but not limited to automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads; therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the general commercial district (C-4). Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752, except outdoor kenneling-0783). Amusements and recreation services, indoor (groups 7911--7941,7991-- 7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. Automotive dealers and gasoline service stations (groups 5511,5531,5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515,7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential 15 Words struck t~r.vug~ are deleted, words underlined are added district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. ho Washing and polishing. The washing and polishing operations for all car-washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6. Building materials, hardware and garden supplies (groups 5231--5261). Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361--7397 7381, except armored car and dog rental, 7382-7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). 8. Commercial printing (2752, excluding newspapers). Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. 10. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on- premise consumption are subject to the locational requirements of section 2.6.10. 11. Educational services (8221, 8222) 12. Engineering, accounting, research, management and related services (groups 8711--8748). 13. Food stores (groups 5411--5499). 14. General Merchandise Stores (5311) 15.44. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 16 Words strt:ck t~rzag~ are deleted, words underlined are added 16.15. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092-- 8099). 17. !6. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 18. -1-g. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 19.-1-8. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 20.4-9. Miscellaneous retail (groups 5912-5963, 5992-5999). 21.-2-O. Motion picture theaters (7832). 22.21. Public or private parks and playgrounds. 23.22. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). 24.-2-3. Real estate (group 6512). 25.24. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). 26.~2--5. [Reserved.] 27.26. Vocational schools (groups 8243--8299). 2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in division 2.7.4. 1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms (7389, 5999). Automotive dealers and gasoline service stations (groups 5521, 5551, 5561, 5599 outdoor display permitted). 5. Automotive rental and leasing, outdoor display permitted (groups 7513, 7519). o Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for the on-premise consumption are subject to the locational requirements of section 2.6.10.) 7. Fishing, hunting and trapping (groups 0912--0919). 8. Fuel dealers (groups 5983--5989). 9. Homeless shelters, as defined by this Code. 17 Words sir'ack thre. t:g~ are deleted, words underlined are added 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Hotels and motels (groups 7011,7021,7041 when located outside an activity center). Justice, public order and safety (groups 9221, 9222, 9224, 9229). Kiosks. Local and suburban transit (groups 4111--4121, bus stop and van pool stop only). Motion picture theaters (7833). Communication towers above specified height, subject to section 2.6.35. Permitted use with less than 700 square feet of gross floor area in the principal structure. Soup kitchens as defined by this Code. Motor freight transportation and warehousing (4225 air conditioned and mini- and self storage warehousing only). Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. Sec. 2.2.15 1/2. 2.2.15 V2.1. 2.2.15 V2.2. 2.2.15 V2.2.1. 1. Heavy commercial district (C-5). Purpose and intent. In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for commercial and the goals, objectives and policies as identified in the future land use element of the Collier County growth management plan. Permitted uses. The following uses, as identified within [with] a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the heavy commercial district (C-5). Permitted uses. Unless otherwise provide for in this section, all permitted uses in the C-4 general commercial district. Auctioneering/auction houses (groups 7389, 5999). Automotive dealers and gasoline service stations (groups 5511--5599). 18 Words sift:ok t~rzag~ are deleted, words underlined are added 4. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles. Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car- washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 5. Building construction--general contractors (groups 1521--1542). 6. Building materials (groups 5211--5261). 7. Business services (groups 7311--7353, 7359,7389 contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). 8. Construction--special trade contractors (groups 1711--1793, 1796, 1799). 9. Education services (groups 8243--8249). 10. Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). 11. Fishing, hunting and trapping (groups 0912- 0919). 12. Glass and glazing work (1793). 19 Words .......tb. rm:gh are deleted, words underlined are added 13. Crematories (7261). 14. Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). 15. Local and suburban transit (groups 4111--4121). 16. Mobile home dealers (5271). 17. Miscellaneous repair services (groups 7622--7699). 18. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.151/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 19. Printing, publishing, and allied industries (groups 2711,2721). 20. Transportation services (groups 4724--4729). 2.2.15 1/2.3. Conditional uses for C-5. The following uses are permissible as conditional uses in the heavy commercial district (C-5), subject to the standards and procedures established in division 2.7.4. 1. Agricultural services (groups 0741--0742, 0752, with outdoor kenneling). 2. Amusement and recreation services, outdoor (groups 7948, 7992, 7996, 7999). Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10.) 4. Child day care services (8351), provided: All areas and surfaces readily accessible to children shall be free of toxic substances and hazardous materials. This shall include all adjacent and abutting properties lying within 500 feet of the childcare center's nearest property line. (1) For purposes of this subsection, the following definitions shall apply: (a) Hazardous materials: A material that has any of the following properties;: ignitable, corrosive, reactive and/or toxic. (b) Toxic substances: a substance which is, or is suspected to be, carcinogenic, mutagenic, teratogenic, or toxic to human beings. It shall not be located within 500 feet of the nearest property line of land uses encompassing wholesale storage of gasoline, liquefied petroleum, gas, oil, or other flammable liquids or gases. c. It shall not be located on the same street customarily utilized by construction truck traffic from asphalt plants and excavation quarries. It shall have a minimum lot area of 20,000 square feet and a minimum lot width of 100 feet. 2o Words stn::k t~rzgg~ are deleted, words underlined are added o 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. fo It shall provide a minimum usable open space of not less than 30 percent of the total square footage of the lot area. It shall provide that all open spaces to be used by children will be bounded by a fence of not less than five feet in height, to be constructed of wood, masonry or other approved material. It shall provide a landscape buffer in accordance with division 2.4. It shall comply with the State of Florida Department of Health and Rehabilitative Services Child Day Care Standards, Florida Administrative Code, chapter 10M-12, effective March 1 I, 1986. Where a child care center is proposed in conjunction with, and on the same parcel as, a facility which is a permitted use, the requirements set forth in subparagraphs a through h above, with the exceptions of subparagraphs d and e, shall be used to provide the protections to children using the child care center intended by this section consistent with the development of the proposed permitted use. Communications (groups 4812--4841) with communications towers that exceed specified height, subject to section 2.6.35. Farm product raw materials (groups 5153--5159). Fuel dealers (groups 5983--5989). Homeless shelters, as defined by this Code. Hotels and motels (groups 7011,7021,7041 when located outside an activity center.) Justice, public order and safety (groups 9223--9224 ) Kiosks. Local and suburban passenger transportation (groups 4131--4173). Motion picture theaters (7833, drive-ins). Permitted uses with less than 700 square feet of gross floor area in the principal structure. Soup kitchens, as defined by this Code. Transfer stations (4212, local refuse collection and transportation only Any other heavy commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district, as determined by the board of zoning appeals. Sec. 2.2.16. Industrial district (I). 2.2.16.1. Purpose and intent. The purpose and intent of the industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to support manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I 21 Words sir'ack thrm:g~ are deleted, words underlined are added district corresponds to and implements the industrial land use designation on the future land use map of the Collier County Growth Management Plan. 2.2.16.2. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as uses accessory to permitted uses in the industrial district (I). 2.2.16.2.1. Permitted uses. 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Automotive repair, service, and parking (groups 7513--7549). 4. Barber shops (group 7241). 5. Beauty shops or salons (7231). 6. Building construction (groups 1521-- 1542). 7. Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). 8. Communications (groups 4812--4899 including communications towers up to specified heights, subject to section 2.6.35). 9. Construction--Special trade contractors (groups 1711--1799). 10. Crematories (7261) 11. Depository and nondepository institutions (groups 6011--6163). 12. Eating places (5812). 13. Educational services (8243--8249). 14. Electronic and other electrical equipment (groups 3612--3699). 15. Engineering, accounting, research, management and related services (groups 8711- -8748). 16. Fabricated metal products (groups 3411--3479, 3491--3499). 17. Food and kindred products (groups 2011--2099 except slaughtering plants). 18. Furniture and fixtures (groups 2511--2599). 19. General aviation airport. 20. Gunsmith shops (group 7699) with accessory shooting range for testing and training except for outdoor shooting ranges. 21. Heavy construction (groups 1611--1629). 22. Health services (8011 accessory to industrial activities conducted on-site only). 22 Words strt:~k t~rm:g~ are deleted, words underlined are added 23. Industrial and commercial machinery and computer equipment (3511-3599). 24. Leather and leather products (groups 3131--3199). 25. Local and suburban transit (groups 4111--4173). 26. Lumber and wood products (groups 2426, 2431--2499). 27. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 28. Membership organizations (groups 8611,8631). 29. Miscellaneous manufacturing industries (groups 3911--3999). 30. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 31. Motor freight transportation and warehousing (groups 4212, 4213--4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 32. Outdoor storage yards pursuant to the requirements of section 2.2.15 1/2.6. 33. Paper and allied products (2621--2679). 34. Personal services (groups 7211--7219). 35. Physical fitness facilities (group 7991). 36. Printing, publishing and allied industries (groups 2711--2796). 37. Railroad transportation (4011, 4013). 38. Real estate brokers and appraisers (6531 - 6552). 39. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 40. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281) 41. Textile mill products (groups 2211--2221,2241--2259, 2273--2289, 2297, 2298). 42. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 43. Transportation by air (groups 4512--4581). 44. Transportation services (groups 4724--4783, 4789 except stockyards). 45. United States Postal services (4311). 46. Welding repair (7692). 47. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). 23 Words ~otr::ck t~rm:gh are deleted, words underlined are added Sec. 2.2.20. Planned Unit development district (PUD) 2.2.20.1 Purpose and intent. The purpose and intent of establishing the planned unit development district (PUD) is to provide procedures and standards to encourage mixed use planned developments that may be situated at appropriate locations, or planned developments that may or may not be mixed use in the urban fringe areas, all in accordance with the planning and development objectives of the county under the code and growth management plan. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this code and the growth management plan may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, se that in order to: Provide Pt a more creative, economical approach may-l~mh~a to improve the quality of the built environment ~ a .... ~ ..... · of contiguous tracts of land, which will and to encourage development of infill parcels of contiguous tracts of land in certain circumstances. Create Pt a more desirable environment providing for consistency and .... ~'~ acc~mp!ished than that which would be visual harmony .... ., .,~ possible through strict application of the minimum requirements of this code. Encourage patterns of land use that support economical provisions of infrastructure L ........................... ~, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. Evaluate :l:the impact of a particular PUD on the present and projected population, economy, land use pattern, tax base, street system, and public facility networks(s) of the county ma;" be caref~lly evalaated relative to the various costs and benefits that ma;,' be associated with such development. Assure that q:the development employs techniques featuring amenities and excellence in the form of variations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. Exceptions to variations in siting, mixed land uses and/or varied dwelling types may be granted on PUD infill development. The maximum density permissible in the PUD district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The density permissible or permitted in a PUD a district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. Anything to the contrary notwithstanding, all PUD development shall be consistent with the Collier County growth management plan. 2.2.20.2 General. 24 Words ....... tSmugh are deleted, words underlined are added 2.2.20.2.1 2.2.20.2.2 2.2.20.2.3 Relation of planned unit development regulations to the growth management plan, zoning, subdivision, or other applicable regulations. All applications for PUDs shall be in full compliance with the future land use element and the goals, objectives, and policies of all elements of the growth management plan. All development regulations, including overlay districts or special development standards for specific land use types, or the like, and supplemental regulations and other applicable provisions of all county ordinances such as but not limited to, all provisions of the Collier County land development code, as may be amended, shall apply unless specifically modified by the approved PUD document and PUD master plan. An applicant for a PUD rezoning shall indicate on the official PUD rezoning application and within the PUD document the LDC section numbers, the specific regulation and the proposed modification to such regulation, in a standard format established by the Planning Services Director. PUD site development plans and final plats shall be in compliance with all applicable regulations in force at the time of their approval. Establishment of planned unit development districts. PUD districts shall hereafter be established by amendment of the official zoning atlas according to the procedures established in division 2.7 and requirements established herein. Planned unit development districts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. 2.2.20.2~.4 Unified control. All land included for purposes of rezoning to a '~ .... ~ ..... · "'~'~ *~-- PUD zoning district shall be owned or under the control of the applicant c ...... "~:~ "~'""*~"~ whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The applicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that if he proceeds with the proposed development, he will: 1. Notify the planning services department in writing of any change in ownership, control and/or appellation of the development. 4-.2. Do so in accordance with: a. The PUD master plan of development officially adopted for the district; b. Regulations and development standards as set forth in the PUD document and PUD master plan; 25 Words strgzk t~r.~ugh are deleted, words underlined are added c. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and d. The Collier County growth management plan and Land Development Code; g.3_.Provide written agreement, contracts, deed restrictions, or sureties acceptable to the county for completion of the undertaking in accord with the adopted PUD master plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and &4.Bind his successors in title to any commitments made under section 2.2.20. 2.2.20.2.4.5 Minimum area required. The minimum area required for a PUD shall be ten contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban fringe areas as designated on the future land use map of the growth management plan where no minimum acreage requirements must be met. For infill parcels, as defined in article 6 and the growth management plan, the minimum area required for a PUD shall be two contiguous acres. For purposes of the planned unit development district only, the term "contiguous" shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five acres. 2.2.20.2.-5.6 Development planning - External relationships. Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property. The PUD shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding area from potentially adverse influences generated by or within the PUD. Such protection shall include, but is not limited to, adequate buffering and screening as follows: fences, walls, or vegetative screening at the boundaries of PUD districts shall be provided at a minimum, in accordance with the landscaping/buffering requirements of division 2.4 to protect residents from undesirable views, lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. In all cases, screening shall at a minimum, be designated to protect existing or potential first-floor residential occupant window levels. Off-street parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened. 2.2.20.2.4.7 Development planning - Internal relationships. The development plan for a PUD district shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. 2.2.20.3 Development standards. In addition to all general provisions and procedures established in section 2.2.20.2, the following specific requirements, limitations and standards shall apply to all PUD districts except that section 2.2.20.3.1 shall not apply when there is no residential component within the PUD and section 2.2.20.3.15shall not apply when there is no industrial component in the PUD. 2.2.20.3.1 Maximum intensities and residential densities. 26 Words strt:c,k t~rough are deleted, words underlined are added Maximum residential density permissible for the overall PUD shall be guided, in part, by the density rating system contained in the future land use element of the growth management plan. The overall maximum residential density permissible or permitted in a PUD shall be calculated by dividing the total number of dwelling units by the total of gross acreage of the proposed PUD excluding the acreage of the areas designated for commercial, industrial, or other land use having an established equivalent residential density in this Land Development Code. The maximum density permissible or permitted in a PUD shall not exceed the density permissible under the density rating system, or applicable policies contained in the future land use element. Land use intensities for nonresidential uses shall be governed by provisions of the most similar use district or as otherwise provided in these regulations. Maximum density. The maximum residential density permissible shall be guided, in part, by the density rating system contained in the future land use element of the growth management plan. The maximum density permissible or permitted shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element. The board of county commissioners may lessen density or intensity of development when it has been determined that development to the maximum density or intensity permissible in section 2.2.20.3.1.1 would: a. Create inconvenient or unsafe access to the PUD; or b. Create traffic congestion in the streets which adjoin or lead to the PUD; or c. Place a burden on parks, recreational areas, schools, and other facilities which serve or are proposed to serve the PUD; or d. Be in conflict with the intent or provisions of the growth management plan; or e. Create a threat to property or incur abnormal public expense in areas subject to natural hazards; or f. Be incompatible or inconsistent with surrounding neighborhoods or areas; or g. Otherwise be inappropriate. 27 Words gt,~FI.I~C,b. thrm~gh are deleted, words underlined are added A A Three living floors. CI 28 Words struck through are deleted, words underlined are added Relocate 2.2.20.13. to 2.2.20.4.5 Relocate 2.2.20.14. to 2.2.20.4.6.1. 2.2.20.3.3. Minimum dimensional standards within a PUD. Except as provided for within the industrial and neighborhood village center component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply. Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this section, examples of unique and innovative design may include, but are not limited to: Providing usable common open space within individual tracts or increments to offset and compensate for decreases in typical lot sizes or yard requirements. 2. Providing for public access to open space areas beyond the boundaries of the property. The use(s) occurring within the PUD are such that compatibility with surrounding uses can be assured by applying different requirements than would be applicable under another zoning district. 4. Providing places for public assembly such as parks and plazas, which are linked together and centrally located to ensure accessibility. 5. Siting buildings and dwelling units to provide optimum access to open space areas. Providing for the integration and preservation of natural resources with development, through conservation of natural resources such as streams, lakes, floodplains, groundwater, wooded areas and areas of unusual beauty or importance to the natural ecosystem. Providing certain personal services, offices and convenience shopping goods to residents of the PUD having the effect of reducing the number of vehicular trips for these purposes to destinations outside of the PUD. Submission of schematic architectural drawings, site plans, floor plans elevations, and perspectives which shall graphically demonstrate the proposed reduction in dimensional standards for all proposed land use types and their accessory uses within the PUD shall also be required to provide support documentation for reduction in the minimum standards of the zoning code. 29 Words st.-ack [Srzugh are deleted, words uBderlined are added 2.2.20.3.4 2.2.20.3.5 Where required side yard setbacks are permitted to be zero, a site improvement plan, pursuant to section 3.3.8, of this Code shall be approved prior to issuance of a building permit. Off-street parking and off-street loading requirements. Off-street parking and off-street loading requirements shall be as for comparable type, density and intensity of uses established in section 2.2.20.3.3. No parking spaces on or within any public or private road or travel way shall be counted in fulfilling the required number of spaces. Landscaping for vehicular areas shall be as established in division 2.4. Usable open space requirements. Within PUD districts composed entirely of residential dwelling units and accessory uses, at least 60 percent of the gross area shall be devoted to usable open space. Within PUD districts containing commercial, industrial and mixed use including residential, at least 30 percent of the gross area shall be devoted to usable open space. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, lakes, both natural and manmade, beach frontage, waterways, lagoons, floodplains, nature trails, and similar open spaces. Open water areas beyond the perimeter of the site, internal street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. 2.2.20.3.6 Dedication of usable open space. An appropriate percentage of the gross project area shall be required to be dedicated to public use as usable open space for all development after a determination by the board of county commissioners that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed development. 2.2.20.3.7 Dedication of the public facilities and development of prescribed amenities. Public facility dedication. The board of county commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for one or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the county's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezoning, or as otherwise extended in writing by the county manager, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 3o Words struck t~_~zug~ are deleted, words underlined are added 2.2.20.3.8 Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the board of county commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the board of consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 1.9.2. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. Common open space or common facilities. Any common open space of common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the development services director shall call upon any public or private agency to maintain the common open space for a period of one year. When the development services director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. 2.2.20.3.9 Preservation and protection of desirable natural historic or archaeological features. The desirable natural, historic, or archaeological features of the 31 Words sm:ok a~z::F,~ are deleted, words underlined are added site including trees and other vegetation of consequence of a PUD district shall be preserved and protected. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD district is prohibited. 2.2.20.3.10 Utilities. Within [the] residential portion of a PUD district, all utilities, including telephone, television cable, and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require aboveground installation must be opaquely screened and thereby may be exempted form these requirements; and primary facilities providing service to the site of the development or necessary to service areas outside the district may be exempted from this requirement. 2.2.20.3.11Streets, drives, parking and service areas. Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles; but streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks, nor shall streets be laid out or constructed so as to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district. In addition, all major arteries as shown on the master plan of development shall be limited access facilities and the only vehicular access thereto shall be public streets unless otherwise provided for within the approved PUD master plan. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the transportation services department director that an interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. .......... ,4 ..... ~ ~'"~ ~'~ Iinterconnection of local streets shall be designed to discourage through traffic, and not adversely impact local streets in the neighboring residential areas. Where streets within the district intersect adjoining streets, a visibility triangle shall be maintained. All streets or roads within the PUD shall be public unless specifically identified and approved as private on the PUD master plan, and shall comply with all requirements for streets and roads as contained in division 3.2. 2.2.20.3.12. Signs, limitations. Signs shall be in accordance with division 2.5. 2.2.20.4. PUD districts: The purpose and intent behind establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within the LDC. The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within the LDC and to establish appropriate uses and performance standards within the PUD, which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document: 2.2.20.4.1. Residential planned unit development district. This district is intended to further the general purpose of planned unit development set forth 32 Words :tr'-'-ck t~cz'-'-g~ are deleted, words underlined are added in Section 2.2.20 as it relates to residential areas. The principal use of any residential planned development is for human habitation in permanent and/or seasonal year-round dwelling units. The RPUD district shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, AND MH. 2.2.20.4.2. Community facilities planned unit development district. This district is intended to accommodate public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other governmental, religious and community service activities which complement and are necessary to other zoning districts. 2.2.20.4.3. Commercial planned unit development district. This district shall be constructed to include the following: C-l, C-2, C-3, C-4, C-5 and TTRVC. Accessory uses which may be permitted in the commercial planned unit development district include permanent and/or seasonal human habitation in multiple-family buildings and townhouses, transient housing in hotel or motel rooms, health care facilities, and other limited institutional uses. 2.2.20.4.4. Industrial planned unit development district. This district is intended to accommodate industrial development. The principal use of any industrial planned unit development is the manufacture of goods, materials and the storage/wholesale distribution of such goods or materials. (The following text was relocated from 2.2.20.13.1 2.2.20.4.5. Special requirements for industrial planned unit developments. Industrial PUDs intended to implement the industrial under criteria sub district as provided for in urban designated areas on the future land use map. The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with nonindustrial uses. The project must have direct access to an arterial street, with an internal circulation system that prohibits industrial traffic from traveling though predominantly residential areas. The PUD must have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. Minimum development standards shall be as described within this section, Special requirements for industrial planned unit developments. In industrial PUDs, no building or Structure, or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than as described below. 1. Permitted principal uses and structures. a. Corporate headquarters. b. Laboratories. c. Light manufacturing, processing and packaging. d. Medical laboratories, clinics, treatment facilities and research and rehabilitative centers. e. Printing, lithographing and publishing. f. Technological research, design and product development. 2. Permitted accessory uses and structures. 33 Words s~mck t?:eug~ are deleted, words underlined are added a. Accessory uses and structures customarily associated with the uses permitted in this district. b. Recreational facilities such as a health spa, handball courts and g~C-eom:c,~;, or other similar recreational activities. Restaurants, or offices available for use by the public or by employees of businesses located within the permitted and accessory use buildings. d. Childcare centers. e. Wholesale and storage as accessory to the principal use. Retail sales and/or display areas as accessory to the principal use, not to exceed and area greater than ten percent of the gross floor area of the permitted principal stricture. 3. Development standards. ao Minimum PUD area. Ten acres, except that a PUD less than ten acres but not less than two acres in size may be considered if it meets the requirements for infill parcels in this Code and the growth management plan and is compatible with surrounding land uses. b. Minimum lot area. One acre. c. Minimum lot width. 150 feet. d. Minimum yard requirements. (1) Front yard: 50 feet. (2) Side yard: 20 feet, except when abutting residentially zoned property then 50 feet. (3) Rear yard: 50 feet. e. Maximum height of structures. 65 feet, except when abutting residentially property then 35 feet. f. Landscape buffer areas. As required in division 2.4. g. Fence requirements. When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel. h. [Outside storage or display.] No outside storage or display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. i. Usable open space requirements. 30percent of the gross PUD area. j. [Performance standards.] Environmental controls, soundproofing, lighting and emission controls shall be required to mitigate, impacts of the development on surrounding residential property. 2.2.20.4.5 Airport operations planned unit development district (A OPUD ) This district is intended to accommodate and regulate those lands where public airports and ancillary facilities are conducted. 2.2.20.4.6 Mixed use planned unit development district (MPUD ) This district is intended to accommodate a planned unit development with a more than 34 Words :~-'-ck t.~m:gS are deleted, words underlined are added 2.2.20-.3.4.6.1.14 one type of PUD district. The PUD document shall define the mixture of PUD districts as set forth in this section. Special requirements for mixed use planned unit developments containing commercial component. When a ~mixed use PUD containing a commercial tract or increment is located outside of an activity center, and is intended as a neighborhood village center offering personal services, offices and convenience goods for residents of the PUD, as provided for in the PUD Neighborhood Village Center sub district of the Future Land Use Element of the growth management plan, the following list of uses, regulations, development standards, and design guidelines shall apply. 1. Land area requirement. The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be 15 contiguous acres. No. Of Dwelling, Units Maximum size of Neighborhood Village Center (Acres) 250 through 400 1.5 401 through 550 2.5 551 through 7.00 3.5 701 through 85.0 4.5 851 through 1,000. 5.5 1,001 through 1,150 6.75 1,151 through 1,300 8 1,301 through 1,450 9.5 1,451 through 1,709. 11 1,701 through !,850 12.5 . 1,851 through2,001+ 2,000 1514 2. Maximum floor area ratio: 3. Permitted uses: 1. Commercial uses. 0.25 for the commercial component Major Category . a. Groups 6021-6029 b. Group 6531 Specific uses: g. Group.54.21 . h. Group 543.1 i. Group 5461 j. Group 5499 Commercial banks - Drive-through facilities are prohibited. Real estate agents and managers for property within PUD only. Hardware store only - 2,500 sq. fi. maximum floor area. c. Group 5251 d. Group 5331 Variety stores - 2,500 sq. ft. maximum floor area. e. Group 5399 Miscellaneous general merchandise stores, except catalog showrooms - 2,500 sq. ft. maximum floor area. f. Group 5411 Grocery stores, except frozen flood and freezer plan [tis 10,000 sq. ft. maximum floor area. Fish, meat, and seafood markets only. Major Category k. Group 5541 1. Groups5611 -5661 35 m. Group 5735 n. Group 5812 o. Group 5921 Fruit and vegetable markets. Retail bakeries Health food store only - 2,500 sq. fi. maximum floor area. Specific uses: Gasoline service stations, except truck stops. Apparel and accessory stores - 2,500 sq. fi. maximum floor area. Record and prerecorded tape stores. Eating places, except caterers and industrial and institutional food service establishments, dinner theaters, drive-in restaurants and restaurants with drive- through facilities. Liquor stores. Words :w-'-ck t~cm:gk are deleted, words underlined are added Major Category p. Group 5947 q. Group 5949 r. Group 5992 s. Group 7212 t. Group 7215 u. Group 7219 v. Group 7231 w. Group 7241 x. Group 7299 y. Group 7349 z. Group 7841 aa. Group 7991 bb. Groups 8011-8021 cc. Group 8041 Specific uses: Gift, novelty, and souvenir shops Sewing, needlework, and piece goods stores. Florists Agents for laundries and drycleaners only. Coin - operated laundries and dry-cleaning. Diaper service, and garment alteration and repair shops only. Beauty shops, except beauty schools and cosmetology schools. Barber shops, except barber colleges. Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons only. Housekeeping and maid service only. Video tape rental. Physical fitness facilities. Offices and/or clinics of physicians, and offices and/or clinics of dentists. Offices and clinics of chiropractors. Non-commercial uses: In addition to the above commercial uses, the neighborhood village center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. Unified plan of development and common ownership. The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. o Location criteria and functional operation. The following locational criteria and functional operating characteristics shall characterize the neighborhood village center: The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD. bo The neighborhood village center shall be located within a 1,760- foot radius (1/3 mile) of at least 80 percent of the total number of approved residential units. The neighborhood village center shall be pedestrian-friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD. Off-street parking and design. In recognition of the pedestrian- friendly design of the neighborhood village center, as required in section 2.2.20.14.5.c., the number of required off-street parking spaces shall only be 50 percent of that required by section 2.3.16 of the Land Development Code. However, the number of off-street parking spaces provided shall not exceed 75 percent of that required by section 2.6.13. In all other respects, off-street parking areas shall be designed in accordance with the provisions of divisions 2.3 and 2.4 of this Code. Design guidelines. The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in division 2.8 of this Code except as otherwise excepted or required herein. 36 Words :'..reek t~rzugk are deleted, words underlined are added Signs. A unified sign plan shall be submitted and made a part of the approval for the neighborhood village center site development plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the neighborhood village center. The unified sign plan shall adhere to section 2.8.3.6.2.1 of this Code, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian- oriented. Phasing of development. No commercial building construction in the neighborhood village center shall be allowed until building constriction has commenced on at least 30 percent of the residential dwelling units in the PUD. 2.2.20.4.7 Research and technology park planned unit development district) This district is intended to accommodate a planned unit development with a mixture of targeted industry_ uses - aviation/aerospace, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non-industrial uses, in accordance as set forth in this Section 2.2.20.2.2.1 and the growth management plan research and technology park sub district. 1. Type A - Research and technology park in the urban-mixed use district of the growth management plan. 2. Type B - Research and technology park in the urban commercial district of the growth management plan. 4. Type C - Research and technology park in the urban industrial district of the growth management plan. 5. At a minimum, 60 percent of the total park net acreage must be devoted to target industry uses as defined in § 2.2.20.5.1 use regulations table. 6. Non-target industries, as defined in § 2.2.20.5.1 use regulations table, and workforce housing, shall be permitted to include up to 20 percent of the total park net acreage. 7. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. 2.2.20.5. Use regulations table. Use regulations for research and technology park planned development districts are as follows: TABLE 2.2.20.5.1 USE REGULATIONS FOR RESEARCH AND TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT DISTRICTS LEGEND: (-) NOT PERMITED, (P) PERMITTED, (CU) CONDITIONAL USE (T) TARGET INDUSTRY |RTPPUD ONLY1, (NT) NON-TARGET INDUSTRY [RTPPUD ONLY] Special i~lotes RTPPUD Identified use Or Rel~u, lation Accessory n ,ses,and structures §2.6 'p Accou, ntinl[ 8721 ,7521,7231,7241 NT Administrative o,ffiqes, . P (2) Aircraft & Parts 3721-3728 T Aviation/Aerospace Industries ATM (automatic teller machine) P Automobile service station §216.28 blT Banks and financial establishments Group I 6011 - 6062 NT Group II 6081 - 6173 NT Bar or cocktail lounge - Barber Shops 7241 N~ 37 Words strack t?czggh are deleted, words underlined are added Identified use Beauty Shops 7231 Boats: Boat ramps and dockage (not marinas) Boat rental Boat repair and service Boat sales Special Notes Or Regulation Call Center and Customer Support Activities Car wash §2.6.12 §2.6.21 §2.6.22 RTPPUD NT NT NT Broadcast studio, commercial radio T and television Business services 7311 -7352, 7359-7389 NT Cable and other pay television services 4841 T T CD-ROM development Clothing stores, general Communication ~roups 4812-4841 Communication towers: 75 feet or less in height More than 75 feet in height Computer and data processing services, Computer related services, not elsewhere classified §2.2.15.3 § 2.6.35 Consumption on premises Convenience food and beverage store Day care center, adult & child services Data and Information processing Development testing and related manufacturing Drive-through facility for any Permitted use NT NT P CU NT NT P/NT T P Drags, Medicine 2833-2836 T NT Drugstore, pharmacy 5912 Dwelling unit: Single-family, duplex Two-family attached Townhouse, multiple-family building T NT T §2.6.11 P NT NT NT NT NT NT NT NT NT T P NT NT §2.6.25 P NT T T NT Educational, scientific and research organizations Engineering 0781, 8711-8713, 8748 Export based laboratory research or testing activities Fences, walls Food and beverage service, limited Food stores 5411-5499 Gasoline dispensing ~stenb special General Merchandise 5331-5399 General Contractors 1521-1542 Gift and souvenir shop Hardware store 5251 Health care facilities: 8011 - 8049 8051 - 8099 Health Technologies Heliport or helistop . Hobby, toy and game shops Hotel/motel: 701 I, 7021, 7041 ,Housing uniys for employes only Insurance companies 6311-6399, 6411 Information Technologi~es Laboratories 5047, 5048, 5049, 8071, 8731, 8734 Laundry or dry cleaning NT ,Management 8741-8743, 8748 Medical Laboratory 8071,8072, 8092, 8093 Membership Organization 8611-8699 ,Mot!on pigture production studio 7812-7819 Multimedia activities Parks Parking lot: Accessory Garage, public parking Personal services 7211-7299 38 T NT NT T P P P NT Words :tr'-'-ck _:raug.. are deleted, words underlined are added Specia'l Notes RTPPUD Identified use Or Regulation Pharmac}~ NT Photo finishinll laboratory T ,Photol~;rap,hic Studios 7221 NT Physical Fitness 7991 NT Play Ground P Pfinling and publishing 2'/52 T Production facilities and T operations/tec,hnolog'y based Professional Office NT Research, development laboratories & Technology Parks: See Note (3) 8071, 8731, 8734 P Ail others P Residential Development P Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5813 NT Schools: Commercial 8243-8299 NT Security & Commodity Brokers NT 6211-6289 Self-service fuel, pumps NT Sigus in accordance with Div. 2.5 §2.5 Sigus P Storage: Indoor only P Studios NT Telephone communications 4813 T Travel Agency 4724 NT Notes: (1) Subject to limitations for commercial uses set forth in section 2.2.13. (2) Accessory uses only 2.2.20.6. (3) Subject to CPA 2001-5 of the Growth Management Plan. Special requirements for research and technology park planned unit development districts: 1. Minimum lot area. 20,000 square feet. Minimum lot width. 100 feet except lots abutting arterial or collector roads shall have a minimum frontage width of 250 feet. 3. Minimum yard requirements: a. Front yard: 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property then 25 feet. c. Rear yard: 15 feet. d. Minimum yard requirement from any residentially zoned or uses property 25 feet. Section 2.2.36 Establishment of interim development controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) Zoning District. 2.2.36.1 Purpose and intent. The purpose and intent of the interim development controls (moratorium) for the residential tourist (RT) zoning districts in the Vanderbilt Beach area is to restrict most development and redevelopment to allow the county planning department to conduct an assessment of the area and determine 39 Words :*c'.:ck t?cet:g~ are deleted, words underlined are added appropriate development standards for the area by way of establishing an overlay district. The Vanderbilt Beach area is unique in that it is situated on a narrow spit of land lying to the east of the Gulf of Mexico and to the west of the Vanderbilt Lagoon. It is served by a narrow two- lane roadway known as Gulf Shore Drive. Presently, hotel, motel, multiple-family and other uses are permitted with maximum heights of ten stories not to exceed 100 feet. Setbacks are a function of the height of a structure. The area has been experiencing redevelopment pressure due to its proximity to the water. Redevelopment proposals have been planned to maximize the use of the available land by utilizing maximum development standards on small lots that were originally platted in the 1950's. Without an overlay district that would establish less intense development standards, the area would redevelop with ten story buildings on small lots on each side of the narrow Gulf Shore Drive creating a canyon-like effect, exacerbating already existing traffic congestion and further reducing view corridors and light and air movement between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.36.2 Duration. For a period not to exceed the period of time from the date of adoption of this amendment to January 31, 2004. ~ .... ~ ..... · ~ the issu~ce of ~y development orders for ce~ain land uses as set fo~h in subsection 2.2.36.4 of this code is prohibited. 2.2.36.3 Geographic scope of the Vanderbilt Beach residential tourist zoning district area assessment. The geographic scope of the assessment area shall be as follows: All lands designated residential tourist (RT) in the Vanderbilt Beach area, which are more specifically described as an area lying east of the Gulf of Mexico, south of Bluebill Avenue together with its westerly extension to the Gulf of Mexico, west of Vanderbilt Lagoon and north of Vanderbilt Beach road. 2.2.36.4 Prohibited uses. The issuance of any development order that would allow the following uses is hereby prohibited for ~ ~ the period of time from the date of adoption of this amendment to January 31, 2004 a max:.mum oae-y~w pea4od-while the Vanderbilt Beach residential tourist zoning district area assessment is being conducted. 1. Permitted uses. a. Hotels and motels. b. Multi-family dwellings. c. Family care facilities. d. Timeshare facilities. e. Townhouses. 2. Uses accessory to permitted uses. a. Uses and structures that are accessory and incidental to the uses permitted as of right in the RT zoning district subject to the exemptions set forth in subsection 2.2.36.5 of this code. b. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums when such uses are an integral part of a 40 deleted, words underlined are added 2.2.36.5 2.2.36.6 hotel or motel and to be used by the patrons of the hotel/motel. Recreational facilities that serve as an integral part of a permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved and involves the use of a structure which may include, but are not limited to clubhouse, community center building, and tennis facilities. 3. Conditional uses. a. Churches and other places of worship. b. Marinas. c. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5, F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193, F.A.C. d. Private clubs. e. Yacht clubs. f. Permitted uses not to exceed 125 feet in height. Variances for any of the uses listed above or any existing use in the Vanderbilt Beach residential tourist-zoning district subject to the exemptions set forth in subsection 2.2.36.5 of this code. Exemptions. The following are exempt from the provisions of these interim development controls (moratorium). o All building permits for the items listed in subparagraphs 2,3,4, and 5 hereof and the items listed in subsection 2.2.36.6 hereof. Residential and other uses in the Vanderbilt Beach residential tourist (RT) zoning district assessment area for which completed applications for rezoning, conditional uses, variances, subdivision approvals, site development plan approvals or plats were filed with or approved by Collier County prior to the adoption date of this amendment. For purposes of subsection 2.2.36.5.2 hereof the term "completed application" shall mean any application, which has been deemed sufficient by planning services staff and has been assigned an application request number. 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. 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. Continuation of existing uses. The restrictions on uses in the study area during the assessment shall not affect or limit the continuation of existing uses and include (1) those uses for which all required permits have been issued: (2) 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 41 Words stn:ck t~.reugk are deleted, words underlined are added 2.2.36.7 increase in height or building footprint or and increase in density or intensity; or (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 and the like In the case of such casualty loss or losses, such structure(s) may be repaired or rebuilt in accordance with the build back requirements of Ordinance Number 98-62, as it may be amended or superseded. Map. The following map depicts the Vanderbilt Beach residential tourist zoning district assessment area subject to these interim- development controls (moratorium). .+, Map No. 2.23.5-1 SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.6., SUPPLEMENTAL DISTRICT REGULATIONS 42 Words su--'-ck t?ceugh are deleted, words underlined are added Division 2.6., Supplemental District Regulations, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.6.9. Essential Services. Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers, which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are allowed in any zoning district subject to the following conditions: 2.6.9.1.Permitted uses. The following uses are allowed as permitted uses: a. in every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone switching stations, cable television, electrical transmission and distribution lines, substations, emergency power structures, sewage lift stations, water pumping stations; essential service wells (including extraction facilities, and requisite ancillary facilities,) and any other wells which have been or will be permitted by the South Florida Water Management District or the Florida department of environmental protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in every zoning district: individual private wells and septic tanks, and similar installations necessary for the performance of these services. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the county's well permit application process, shall post sign(s) at the county's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the county, including, if applicable, the times and places of the permitting agency's scheduled public hearings; b. in commercial and industrially zoned districts: other governmental facilities, as defined by this Code, to the extent the facility or service is required by law, rule or regulation; c. in the agricultural and estate zoned districts the following governmental facilities: id tial fo p fit hild ...... :.~:n~ ~.~ .... ~:~ ~'n..:~:.~ nonres en not- r- ro c care, ........................ libraries, museums, neighborhood parks, and recreational service facilities; d. in residentially zoned districts the following governmental facility: neighborhood parks. 2.6.9.2. Conditional uses. The following uses require approval pursuant to section 2.7.5. as conditional uses: Co in every zoning district: electric or gas generating plants, effluent tanks, major re- pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities, except as otherwise specified by Sec. 2.6.9.1; in residential, agricultural and estate zoned districts: exce~ ag cther:::.~e ~pec!~e~ ~'-'o., .e~o..... _.v...... '~ '~- c~ t. regional parks, community parks, safety service facilities, and other similar facilities,, except as otherwise Sec. 2.6.9.1' in residential zoned districts: branch libraries. 43 Words :tz'.:c?. L~.rm:g~ are deleted, words underlined are added Sec. 2.6.30. Provisions of polling places. At the time the board of county commissioners approves a zoning request to a planned unit development (PUD) or any other residential development involving a project of more than 100 dwelling units, or at the time the board of county commissioners approves a PUD amendment, any residential project which will have a community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the board of county commissioners. The board shall consider the recommendation of the supervisor of elections in reaching such determination. If a residential PUD or a residential project is a private development with a restricted and/or monitored entrance which limits access to residents of that development, their guests and necessary maintenance workers, a polling place may be required by the board to be provided in any community recreation/public building/public room or similar facility; however, the controlling entity of that private development may not limit the use of the polling places to the residents of that private development. Access to the polling place must be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. This commitment shall be guaranteed through the following mechanism: an agreement recorded in the official records of the clerk of the circuit court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowner's associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the supervisor of elections. The commitment also shall be included within the PUD document. The supervisor of elections is responsible for arranging use of said community recreation/public building/public room or other common facility for a polling place with the entity w~z that controls said common facility prior to the election. SUBSECTION 3.D. AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATION AND PROCEDURES Division 2.7., Zoning Administration and Procedures of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES 44 Words struck t?cm:g~ are deleted, words underlined are added 2.7.2.3.5. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parking exemptions. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall conduct at least one pub!;.c neighborhood informational meeting within 30 days of receipt of County Staffs' initial review comments on the application. .c. ......... ,:~.; ..... . ..... :~u .,~.~ det~ff~~ritten notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 2.7.2.3.2. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations shall be provided and maintained by the county, but the applicant shall bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, shall be furnished to the planning services department and the office of the board of county commissioners no less than ten days prior to the scheduled date of the public neighborhood informational meeting. The applicant shall make arrangements for the location of the meeting. The location should be reasonably convenient to those property owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The applicant shall further cause a display advertisement, one-fourth page, in type no smaller than 4-8 12 point and shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, and time of the meeting, to be placed within a newspaper of general circulation in the county at least seven days prior to thev....-.~"k':~ neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, shall also attend the ~"~'"~v--~--.~ neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department. As a result of mandated meetings with the public, any commitments made by the applicant must be reduced to writing and made a part of the record of the proceedings provided to the planning services department These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development approval order. 3. g Any applicant requesting variance approval or parking exemption approval shall provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the ppli ' a cation is sufficient, xX;Ue~ It ~.,o u~.~ a~,~;~a ,u.~ ,~.~ ~g., 45 Words :z'-'-ck '~ce--'-gk are deleted, words underlined are added Where it has been determined that there is a property owner, functioning condominium or civic association who has made formal request of the county to be notified, then the applicant shall provide written documentation to the planning services department indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant shall provide a written account of the result of such noticing and shall submit any and all written communications to the planning services department. A list of property owners, homeowner or condominium associations notified and any other written communications shall be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. ,, * * * * * * 2.7.2.15. Site development plan time limits. Approved final site development plans (SDP's) sba!! only remain valid and in force for two years from the date of approval unless construction has commenced as specified in Section 3.3.10.3. If no development ( , i.e., actual construction), has commenced within two years, measured from the date of the required pre-construction conference, the site development plan shag-enp~ approval term expires and the SDP is of no force or effect; however, one amendment to the SDP may be approv, ed prior to the expiration date, which would allow the SDP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complied with the requirements of the then existing Code. ~ Once construction has commenced, the approval term will be determined by the provisions of Section-3.3.10.3. 2.7.2.16. Regoning application processing time. An application for a rezoning amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necess, ary .information to continue processing or otherwise actively pursue the rezoning, for a period of six (6) months. An application deemed "closed" will not receive further processir~g and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department will notify the applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 46 Words str.:ck through are deleted, words underlined are added Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.1. Application and PUD master plan submission requirements. Applications for~ amendments to, or rezoning to PUD shall be in the form of a PUD master plan of development and a PUD document. The plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: 2.7.3.1.1. PUD master plan. The PUD master plan shall include the following information unless deter,2ned to be unnecegga:3' to graphically illustrate the development strategy (The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district.): 1. The title of the project and name of the developer; 2. Scale, date, north arrow; o Boundaries of the subject property, all existing streets and pedestrian systems within the site, watercourses, easements, land uses and zoning districts of abutting property, including book and page numbers of platted parcels, section lines, and other important physical features within and adjoining the proposed development; Identification of all proposed tracts or increments illustrating boundaries within the PUD such as, but not limited to: residential; office and retail; commercial; industrial; institutional; conservation/preservation; lakes and/or other water management facilities; common open space; types of buffers with a cross section for any buffer which deviates from that which is otherwise required by the Land Development Code; the location and function of all areas proposed for dedication or to be reserved for community and/or public use; and areas proposed for recreational uses including golf courses and related facilities, and provisions for ownership, operation, and maintenance. All non-residential tract dimensions and boundaries shall be illustrated on the master plan; Identification of all proposed and permitted land uses pursuant to § 2.2.20.4. within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leaseable floor area and an outline of the proposed building footprint and an indication of the proposed building height for each structure within the individual tracts or increments. Descriptions of the relationship of the proposed land use, within the PUD to each other and to land uses abutting/surrounding the project; 6. The location and size (as appropriate) of all existing drainage, water, sewer, and other utility provisions; The location of all proposed major internal thoroughfares and pedestrian access ways, including interconnecting roadways within the PUD as well as with abutting uses; 47 Words :~mck t?zzagh are deleted, words underlined are added 8. Typical cross sections of all major, collector, and local streets, public or private, within the proposed PUD. 9. The location of proposed and existing roads, rights-of-way, and pedestrian systems within 1,500 299 feet of the proposed PUD; 10. The overall acreage and proposed gross density for the PUD; 11. Provide information on previous and recent Ot-h~ uses of land. 12. Proposed vehicular ingress and egress points. 13. Any other relevant information determined to be necessary by the Planning Services Department Director. 2.7.3.1.2. SuFFc. rting data. PUD document. The applicant shall submit tMata supporting and describing the application for rezoning to PUD in the form of a PUD document. The PUD document shall be submitted in both an electronic version and printed version in a format as established by the Planning Services Director. The submittals shall conform to the most recent standardized format established by the Planning Services Department Director. The PUD document wk:.ck shall cong:.gt cf contain the following information unless determined by the Director to be unnecessary to describe the development strategy: 1. Title page to include name of project; 2. Index/table of contents; 3. List of exhibits; Statement of compliance with all elements of the growth management plan; General location map drawn to scale, illustrating north point and s~- .... ~- relationship of the site to such external facilities as highways, shopping areas, cultural complexes and the like; 6. Property ownership and general description of site (including statement of unified ownership; 7. Description of project development; 8. Boundary survey (no more than 6 months old) and legal description; 9. Proposed and permitted land uses within each tract or increment; 10. Dimensional standards for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established enistiag zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, except as otherwise allowed by that code; 11. The proposed timing for location of, and sequence of phasing or incremental development within the PUD; 12. The proposed location of all ot-h~ roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD; 48 Words s~mck t?_-eugh are deleted, words underlined are added 13. Habitats and their boundaries identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Habitat, plant and animal species protection plans as required by division 3.11 shall apply; 14. Environmental impact analysis pursuant to applicable provisions of division 3.8; 15. Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses; 16. The location and nature of all ot-h~ existing public facilities, such as schools, parks, and fire stations that will service the PUDi ~ ut.~. 17. A plan for the provision of all needed utilities to serve and -,;4t~:.n the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, storm water collection and management system, pursuant to related county regulations and ordinances; 18. Traffic impact analysis; 19. Agreements, provisions, or covenants which govern the use, maintenance, and continued protection of the PUD and any of its common areas or facilities; 20. Development commitments for all infrastructure and related matters; 21. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, hh~ relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the d ..... v ............... planning services department director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate. 22. Deviations to sections of the Land Development Code other than to dimensional standards shall be identified in the PUD document by citing the specific section number, regulation and proposed modification to such regulation. 2.7.3.1.3. Deviations from thc rcquircd master plan elements required in section 2.7.3.1.2. The,~,~ ~ .... ,,~,~v..~,~L.~' ..... · ~v. .... ,.,~,~: .... planning services department director may exempt a petition from certain required elements (section 2.7.3.1.2) of the PUD master plan when the petition contains conditions, which demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided the board of county commissioners. 2.7.3.2. Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with section 2.7.3.1 shall be submitted and processed as for a rezoning amendment generally pursuant to section 2.7.2 and in accordance with the following special procedures: 49 ,1~ I~ Words am:c?...:rm:g., are deleted, words underlined are added 2.7.3.2.1. 2.7.3.2.2. 2.7.3.2.3. 2.7.3.2.4. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the develcpment gervlcez planning services department director and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This preapplication conference should address, but not be limited to, such matters as: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Prehearing conference. ^ ...... ,~,;^~ c ....... :~ ,.. mTr~ ~^~,.~ · ~ Prehearing conferences may be held between the applicant and/or his representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of such prehearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. Staff review and recommendation. Based upon its evaluation of the factors set forth above, the appmpr-i~ county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. Hearing before the planning commission. Public notice shall be given and a public hearing held before the planning commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of 50 Words :kmzk t?ccugh are deleted, words underlined are added development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to section 2.7.3.2.2. 2.7.3.2.5. Planning commission recommendation. The planning commission shall make written findings as required in section[s] 2.7.2.5 through 2.7.2.8 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section[s] 2.7.2.5 through 2.7.2.8: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of ~ agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansion. o Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2.7.3.2.6. Action by board of county commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to section 2.2.20.2.3., the board of county commissioners shall, upon receipt of the planning commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application, an~ PUD master plan of development and PUD document, as recommended by the planning commission to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. 2.7.3.3. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development, the PUD document and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD. Thenceforth, the 51 Words :~-uck t~ceugh are deleted, words underlined are added development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the county. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (division 3.2) and/or the site development plan regulations (division 3.3) as appropriate. 2.7.3.4. Time limits for approved PUDs mas:cr F!ans. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the Planning Services Department Director, not met the time frames and development criteria outlined in 2.7.3.4.1. or 2.7.3.4.2. as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the proiect has commenced in earnest in accordance with the following criteria: ............................. r ...... ., ..... aFFrova ,For s approve prior to October 24, 2001, arm [for..~'t'~ aFFr~.va! ,.u.~' .~. ......... o~.~o~..j~ the landowner(s) shall: Obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least five years from the date of approval by the board of county commissioners; and Receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUD'S consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. Any PUD approved before October 24, 2001 that receives subsequent amendment approval shall be subject to the development criteria and time limits established for those PUD's approved on or after October 24, 2001 as outlined in section 2.7.3.4.(2). 2_ For PUDs approved on or after October 24, 2001 the land owner shall: F id tial p rti f PUD '~' .......... ,,.. ~h~, r~,~u ,~ or res en o ons o s, ................. v o.....~ 1 ..... , initiate physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD by the third anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout and;. For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shallt---r~'~" ~..~...~ initiate physical development of a minimum of 15 percent of authorized floor area 52 Words struck t."~cugh are deleted, words underlined are added when approved on the basis of a defined amount of floor space, by the third anniversary date of the PUD approval. In the event the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the third anniversary of the PUD approval date. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. If in the event of a moratorium or other action of government that prevents the approval of any final development order the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. Infrastructure improvements [as required above] shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with permitted land uses. Acceleration lanes, entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. [section relocated] [section relocated] 2.7.3.4.4. PUD sunsetting. Prior to or any_ time after Shcu!d the .... a ..... ~..~v...,~...~ ..... * o~. .... ..~,,~;"~ planning services department director determines that a PUD has sunsetted, a .... ~ ....., k ...., ........ ~eam~t, then the property owner shall initiate one of the following: 1. request for a PUD extension; or 2. request for PUD amendment. 2.7.3.4.5. Board of County Commissioners action pursuant to PUDs which have sunsetted. Uupon review and consideration of the appropriate application, the report provided by the owner and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein, however no further development order applications shall be processed by the County until the PUD is officially extended. Require the owner to submit an amended PUD in -'-- The existing PUD shall remain in effect until subsequent action by the board of the submitted amendment of the PUD, however no further development order applications shall be processed by the County until the PUD is officially amended. 53 Words struck k~zugh are deleted, words underlined are added A. If the owner fails to submit an amended PUD within six months of board action to require such an amended submittal, or the board of county commissioners denies a rezoning amendment request then the board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. 2.7.3.4.6. PUD Extensions. Extensions may be approved by the Board of County Commissioners. An approved PUD may be extended as follows: 1. Maximum extension: Maximum of two extensions, the first of which is granted for a maximum of 2 years from the date of the original approval, the second of which, if granted, 2 years from the date of the first extension. 2. Approval shall be based on the following findings of fact: a. The PUD and the Master Plan is consistent with the current GMP, including, but not limited to, density, intensity and concurrency requirements; and b. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and c. The approved development will not, by itself or in con]unction with other development, place an unreasonable burden on essential public facilities. An extension request must consist of the following: a. A completed application form provided by the county; and b. A copy of the original PUD approval ordinance; and c. A written statement describing how the criteria listed above have been met; and d. A fee, paid in accordance with the adopted fee resolution. e. Any other information the Planning Services Director deems necessary to process and evaluate the request. No more than two extensions may be granted for any development or phase thereof, and in no case, shall extensions be approved that would extend the life of the PUD more than ten years from the original approval date. Any PUD that has not commenced development in compliance with the sunsetting provisions within ten years of the original PUD approval date must submit a new rezoning application. 2.7.3.4.7. Retention of existing PUD status. For all PUDs, once a PUD has sunsetted ..~^..l~ tk ,~ .... ~ .....· .... .~ :~ ,~:~ ,~.~:~ .~,~. ~k~ d .... ~ ...... k .......... ~: ...... . ,k~ the l~d shall ret~n its ex[sting PUD approve, however applications for addition~ development orders sh~l not be processed until one of the following occurs. A.__:. The board of county commissioners approves a request for extension. B. The board of county commissioners approves a request for a PUD amendment. Should the Planning Services Department Director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration 54 Words str'-'-ck t~cm:gh are deleted, words underlined are added of new development standards or use modification under the provisions for time limits for approved PUDs. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. 2.7.3.5. Changes and amendments. 2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: 1. There is a proposed change in the boundary of the PUD; or 2. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed five percent of the total acreage previously designated as such, or five acres in area; or o There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; or o There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; or o The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or o The change will result in a requirement for increased storm water retention, or will otherwise increase storm water discharges; or 8. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; or 10. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or 11. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration 55 Words :a-::ek t?cm:g~ are deleted, words underlined are added 2.7.3.5.2. 2.7.3.5.3. 2.7.3.5.4. 2.7.3.5.5. 2.7.3.5.6. deemed to be a substantial modification as described under section[s] 2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic] Procedure for substantial/insubstantial change determination. The applicant shall provide the~a .... · -~---v--~--~~ ..... * o,~ ...., .,~,~;~ planning services department director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the,,,~ '~ .... · ,~--r--~--~~ ..... * ~,,~ ...., .,~,~:~ planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. Substantial changes procedures. Changes, as identified in section 2.7.3.5.1, shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and 2.7.3.2. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. 56 Words .... ~ *~ ..... ~' are deleted, words underlined are added 2.7.3.6. 2.7.3.6.1. 2.7.3.7. 2.7.3.8. 3. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the '~ .... ~ .....~ .... :~° planning services department director's consideration for approval. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land will not be exceeded and that development commitments will be fulfilled, annual monitoring reports shall be submitted by the developer/owner or authorized agent of a PUD to the ~ serv;.ce~ ~irectcr. planning services department director. The monitoring report shall be submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met. The monitoring report shall provide the following information: 1. Name of project. 2. Name of owner, developer. Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete of [or] for which a valid permit has been issued, but which have not been completed. 4. Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information. 5. Traffic counts for all access points to the major highway network. 6. Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). 7. Up-to-date PUD document which includes all approved amendments. 8. Status of commitments in PUD document. 9. Other information as may be required by the d ..... r ............... planning services department director. Change of ownership. A change in ownership shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the o;,~.,~ .... ~ .....· .... ,, ,;,. .... '~;~*--~.,,,, pl . part .......... r ................ anning services de ment director shall automatically transfer responsibility for filing the annual monitoring report. Violations. Violation of this section shall be enforced as provided in division 1.9. Interpretations of PUD documents. The...~ '~ ...., v..~v~-.,..~~ ..... * or. ...., ~...~:~ planning services department director shall be authorized to interpret the PUD document and PUD master plan. 57 Words sm:ok tkreugk are deleted, words underlined are added 2.7.3.9. Non-conforming situations. Nonconforming situations that were otherwise lawful prior to the effective date of this section of the article shall comply with this article or any subsequent amendment to this article effective January 8, 2003. Sec. 2.7.5. 2.7.5.1. 2.7.5.1.1. 2.7.5.2. 2.7.5.3. 2.7.5.4. 2.7.5.5. 2.7.5.6. Variance procedures. Purpose. In specific cases, variance from the terms of this zoning code may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the zoning code would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section. Types of variances authorized. A variance is authorized for any dimensional development standard, including the following: height area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. Procedure. Written petition. A written petition for a variance shall be submitted by the applicant to the planning services director. Notice of planning commission public hearing. Notice of public hearing before the planning commission shall be as provided for under subsection 2.7.2.3.2. Planning commission public hearing. The public hearing shall be held by the planning commission. Any party may appear in person, by agent or attorney, or may submit written comments to the planning services director. Findings. Before any variance shall be recommended for approval to the board of zoning appeals, the planning commission shall consider and be guided by the following standards in making a determination: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 58 Words stn:'ck t~cm:g~ are deleted, words underlined are added 2.7.5.7. 2.7.5.8. 2.7.5.9. 2.7.5.10. 2.7.5.11. 2.7.5.12. o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan? Conditions and safeguards. In recommending approval of any variance, the planning commission may recommend appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the planning commission may recommend, as a condition of approval, that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. Recommendation of denial. If the planning commission recommends denial of a variance, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 2.7.5.6, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. Status of planning commission report and recommendations. The report and recommendation of the planning commission required above shall be advisory only and shall not be binding upon the board of zoning appeals. Notice of board of zoning appeals public hearing. Upon completion of the public hearing before the planning commission, the petition shall be heard by the board of zoning appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the board of zoning appeals. The owner of the property for which the variance is sought, or his agent or attorney designated by him on his petition, shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days prior to the hearing. Board of zoning appeals public hearings. The public hearing shall be held by the board of zoning appeals. Any party may appear in person by agent or attorney, or may submit written comments to the board of zoning appeals. Board of zoning appeals action. Upon consideration of the planning commission's report, findings and recommendations, and upon consideration 59 Words sm:ek t?.rm:gk are deleted, words underlined are added of the standards and guidelines set forth in section 2.7.5.6, the board of zoning appeals shall approve, by resolution, or deny a petition for a variance. 2.7.5.13. Conditions and safeguards. In granting any variance, the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this zoning code, including, but not limited to, reasonable time limits within which action for which the variance is required shall be begun or completed, or both. In the case of after-the-fact variances, the board may stipulate that in the case of destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. 2.7.5.14. Limitations on power to grant variances. Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of this zoning code in the zoning district involved, or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 96-21, § 3; Ord. No. 97-26, § 3.E.; Ord. No. 01-60, § 3.C.) SUBSECTION 3.2. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS Division 3.2., Subdivisions, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Division 3.2. Subdivisions Sec. 3.C. Subdivision AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS Division 3.2 Subdivisions, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS 3.2.4.8. Lot line adjustment / reconfiguration . An adjustment of a lot line between contiguous lots or parcels which may be platted or unplatted which are under separate ownership or the same ownership shall be exempt from this division if all of the following conditions are met in a written request to the dcvzlzFmzn: zzr'.':~zzz engineering review director. 3.2.4.8.1 It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels, z'.zz~ -~nz-x~z::_~'~:~.~! 60 Words :ir'ack t~ce'.:'g~ are deleted, words underlined are added 3.2.4.8.2 3.2.4.8.3. 3.2.4.8.4 and Both landowners whose lot lines are being adjusted provide written consent to the lot line adjustment; and Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this code, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in the cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and It is demonstrated that the lot line adjustment will not affect the development rights or permitted density or intensity of use of the affected lots by providing the opportunity to create a new lot(s) for resale or development. 3.2.6.4.8 Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within ~6 18 months from the date of recording of the final subdivision plat, or, if construction of required improvements is undertaken prior to recording the final subdivision plat, within ~6-18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision performance security has been submitted, the d~vc!.zFmznt :zr'.':zzz engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the Board of County Commissioners within 36 months from the date of the original board approval. The developer may request a one time, one year extension to receive final acceptance of the improvements. 3.2.6.5.1. General. The required improvements constructed under the policies, procedures, guidelines, and requirements established in this division shall be approved and accepted by the board of county commissioners as prescribed in this section 3.2.6.5. All applicable completed water and sewer facilities shall simultaneously be conveyed to Collier County, or to Collier County Water-Sewer District or its dependent water-sewer districts, where appropriate, or the appropriate water-sewer district in conformance with the provisions of Collier County Ordinance No. 88-76 [Code ch. 134, art. III], as amended. All roadway improvements intended to be turned over to Collier County for operation and maintenance shall provide a Checklist for Public Road Acceptance, along with all required information, prior to any such acceptance. This section 3.2.6.5 describes the policies, procedures and data required to obtain approval and acceptance of all required improvements constructed. 3.2.6.5.8 Conditional final acceptance. At the discretion of the Engineering Review Director, a developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a satisfactory_ final inspection. The developer shall provide a performance security in the 61 Words :t."~'ck tF:zug~ are deleted, words underlined are added amount of 150 percent of the estimated cost of the remaining improvements. Additionally, the developer shall provide a letter to the Engineering Review Director, which confirms the developer's intent to complete all of the remaining improvements within a 12 (twelve) month time period. Additional one year extensions may be approved by the Engineering Review Director. 3.2.8.2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and as well as being digitally created on one or more CDROM disks. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of +---0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centeflines - CL, edge-of-pavement - EOP, etc.). All plans shall tie into the Public Lands Survey system (PLSS) grid which shall be provided by Collier County's GIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans shall, at a minimum include, but not be limited to: Sec. 3.2.8.3.14. Polling places. Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar common facility, state, ~.,a ................. ve__n.fi: v~v .......... ........ ~-'j. shall be required to provide polling places in said community recreatio~public buildin~public room if a polling place is deter~ned to be necess~y by the supe~isor of elections. Access to the polling place must be provided to ~1 individuals ~iving to vote or work at the polling place during offici~ voting hours, including the time required to establish the polling place, tabulate and post the voting results. This commitment shall be guaranteed through an agreement recorded in the official records of the clerk of the circuit court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said clubhouse, community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the supervisor of elections. The supervisor of elections shall be responsible for arranging use of said clubhouse, community recreation/public building/public room or other common facility for a polling place with the entity who controls said common facility prior to the election. 62 Words :*2-'-ok t~cz'-'-g~ are deleted, words underlined are added SUBSECTION 3.F. AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS Division 3.3., Site Development Plans, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3 SITE DEVELOPMENT PLAN Sec. 3.3.7. Site development plan review (SDP) procedures. A pre-application meeting shall be conducted by the planning services director ~i~ ~~ riot to the submission of any site development or site improvement plan for review, This meeting may be waived by the planning services director upon the request of the applicant. 3.3.7.1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: 3.3.7.1.1 Ownership: A copy of the ~~ deed, contract for sale or agreement for sale~ or a notarized statement of demonstrating ownershi and of the sub' ect lot or 3.3.7.1.2. Site development plan. A site development plan ~a ~o~gh~e~{ prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. 2. Zoning desi: 43. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. A site summary in chart form which shall include the 63 Words s~-t:ck t~cm:g~ are deleted, words underlined are added do Total site acreage. Total square footage of impervious area (including all par,king areas, drive-aisles, and internal streets) and its percentage of the total site area. Total square footage of landscape area/open space and its percentage of the total site area. For residential projects, total number of units, units per acre, and a unit breakdown b' ~are and number c eo For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, stora etc.) and its percentage of the total buildin f. All required and provided setbacks and separations between buildings and structures in matrix form. A parking summary in matrix form which shall include: a. Type of use. b. Total square footage ~ use. ~ ,~,~ l. equ ired parking rati~i nu O'f~i spa~ ~ The following information must be included in the SDP packet: Information in the Standard Building Code, type of construction, number of stories, total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a needed fire flow may be determined. bo A fire hydrant flow test report from the applicable fire district for the closest hydrant(s) to the project so that the available fire flow may be determined. Illustrative information a ........ J ,~,~, ..... ,~ .......... ~,,~.,*,-~e~ as follows unless waived at the pre-application meeting: A boundary survey, prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or Words :m:zk t?:m:gk are deleted, words underlined are added roads, easements, rights-of-way, and areas dedicated to the public. bo ko no Name, alignment and existing/proposed rights-of-way of all streets which border the development (including raised islands, striping, right/left turn lanes, median cuts and nearby intersections), the location of all existing driveways or access points on the opposite sides of all streets which border the development, and the location of all traffic calming devices. Location and configuration of all development ingress and egress points. Location and arrangement of all proposed buildings (including existing buildings that are to remain). Location and configuration of all parking and loading areas. Name, alignment and existing/proposed right-of-way of all internal streets and alleys. Directional movement of internal vehicular traffic and its separation from pedestrian traffic. Location and configuration of recreational facilities (including related buildings, golf course areas, tennis courts, pools, etc.). Location and general configuration of all water and drainage retention/detention areas as well as all existing and proposed easements, and water and sewer lines intended to serve the development. Location and general configuration of such natural features as preservation/conservation areas, water bodies, and wetlands. Location of emergency access lanes, fire hydrants and fire lanes. Location of all handicapped parking spaces. Location of trash enclosures. Location and heights of proposed walls or fences. Accurate dimensions which include the following: (1) All building setbacks. (2) Distance between buildings and accessory structures. (3) Width of all internal streets. (4) All parking areas and drive-aisles. (5)Landscape areas adjacent to all vehicular drives, interior property lines and all parking areas. 65 Words ~ :~r~:g~ are cl¢letea, words under~ined arc added Any additional relevant information as may be required by the planning services director. For projects subject to the provisions of division 2.8., ~, signed and sealed by a licensed architect, registered in the state of Florida. a. Scaled elevation for all sides of the building; Scaled wall section from top of roof to grade depicting typical elevation with details and materials noted, and rendered to show materials and color scheme with paint chips and roof color samples; c. Site sections showing the relationship to adjacent structures; and d. A unified sign plan as required division 2.8. made on the site shall become conditions of 3.3.7.1.2. Site development plan. A site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale and as well as being digitally created on one or more CDROM disks. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the State Plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor & mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). All plans shall tie into the Public Lands Survey system (PLSS) grid, which shall be provided by Collier County's GIS Department via CDROM disk or from an on-line electronic download. In addition, all improvement plans setting forth the following information when applicable: 3.3.7.1.10 (4) Collier County right-of-way permit, if required, prior to or at site development plan at '~'- ':-- ~ - ~' '-":' '~: ..... :' approval 3.3.8.6 Performance securities for site development plans. In the case of multi family developments with individually owned units which are served by subdivision type improvements,i.e, driveways which function as access roads and drainage improvements, these developments shall be required to post a performance security in a form as outlined in Section 3.2.9.1.5 of this code. Calculations for the amount of the security shall be determined as outlined in Division 3.2 for subdivision improvements. The performance security shall be accepted by the county prior to the issuance of the first certificate of 66 Words s ........... t,-- are deleted, words underlined are added occupancy for the site development plan. Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan, the performance security shall be returned to the developer. One year extensions may be granted by the Engineering Review Director. Sec. 3.3.10. Site Development Pplan time limits for review, approval and construction. Site development plans (SDP's), once accepted for review, will remain under review so long as a resubmittal in response to a County reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current Code. Approved site development plans (SDP's) s?d! only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If no ...... v ....... actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site development plan shatgenp~ approval term expires and the SDP is of no force or effect; however, one amendment to the SDP may be approved prior to the expiration date, which would allow the SDP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complied with the requirements of the then existing Code. A one year exteng;.cn d pp I .... 1 ..... ~ ml .......... I ~-h,a ,-,l~fl~ ,4;.-ar.~,-~.- oh~ll ..... ;~ ~-h~ 2-. r~;'~. ~, ;....~,-r~, ~, ,h~ +; r ,k~ ~-,~.~; ......... * Once construction has commenced, the approval term will be determined by the following provisions. The construction of all infrastructure improvements approved by an SDP must be completed, and the engineer's completion certificate provided to the engi.neering services director, within eighteen (18) months of the pre- construction conference, i.e., commencement of construction. A single, six- month extension to complete construction may be granted for good cause shown if a written request is submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term. Thereafter, once the SDP approval term expires the SDP is of no force or effect. SUBSECTION 3.F. AMENDMENTS TO DIVISION 3.4., EXPLOSIVES Division 3.4., Explosives, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: SUBSECTION 3. DIVISION 3.4 EXPLOSIVES 3.4.5.1. General application requirements. Application for the Collier County r/bi p it h 11 b ......... , ,,. ,~ ~,,~. use aster erm s a e v ................... signed by the user and filed with the Engineering Se~ices Dep~ment. The application ~ sh~l det~l the pu~ose of the pe~t ~d shall include, but sh~l not be li~ted to, the 67 Words stn:ck tk:cugh are deleted, words underlined are added following data and information or, where applicable, shall have such data and information submitted as an attachment. It is not the intent of this division to require an applicant who has previously obtained a State of Florida user of explosives license or explosive blaster permit to again produce original data and information (other than the originals requested in section[s] 3.4.5.1.1 through 3.4.5.1.6 below) that was supplied as part of the application process for the state license or permit and which original data and information is on file with the a .... ~ ..... · .... :~ ~-~* Engineering Services Department In the event that application data or information required by this section has been previously supplied to the department of natural resources, the applicant may supply copies of such information to Collier County to fulfill the specific data or information requirement. 3.4.5.1.7. ^ ~n~ ...... ~ ..... Location of the site at which blasting will occur, including section, township, and range. 3.4.5.1.10. Blasting activities will not be permitted within 350 feet of any existing structures, structures under construction, or within 350 feet of public roads ways Rights-of-Way. 3.4.5.2.2. A full description of the following blasting information (in cases where a manufacturer, distributor or dealer who is acting as a user in conjunction with a commercial excavation and that site's representative(s) is purchasing explosives and has a user's license, it shall be the responsibility of the site's user or blaster to supply the appropriate information contained below to the development services director for review and approval prior to placement of explosives within the ground): 1. Depth and number of holes. 2. Size of the holes. 3. Size of the explosive charges. 4. Maximum number of pounds of explosives per hole; maximum pounds per delay. 5. Number of holes which are planned to be shot each day. 6. Type of initiation device to be utilized, i.e., blasting caps, detonating cord, etc. 7_8?The pounds per shot when underwater "doby" detonation is performed (if such information is applicable to the blasting activity). Sec. 3.4.7. Permit application review procedures. 3.4.7.1. Upon submittal of the tetter-~ application to the office of the 68 Words strut,v. t?cm:g~ are deleted, words underlined are added 3.4.7.1.3. ~ Engineering Services Director...~. .......~.~.;~° .....~.~.v.,'4;-~"+^" processing shall commence. Pre-blast inspections. Prior to detonation of explosives a list of all pre-blast inspections gi m~ ~>~.,; ...... .~ performed shall be provided to the En neering ......... Inspections Services Department. Pre- Blast inspections are required for structures if one of the following conditions has been satisfied: ao If the structure is within a distance of 150 200 feet times the square root of the charge away from the blast, as infrastructure by the following formula: D= 150 200 x W lA (Where "D" equals the distance in feet and "W" equals the weight of the charge in pounds of explosives per delay.) b. If the structure is within 26u2 500 feet of the blast permitted for any size charge. Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or their representative. The pre-blast survey inspection shall consist of complete documentation of all visible interior and exterior defects observed at the structure. The inspection documentation shall be prepared on eight and one-half by 11 or eight and one-half by 14 sheet(s) of paper. The date of the inspection must be indicated on the documentation. Interior and/or exterior 35 nun photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken. A list of all pre-blast surveys shall be received by the Engineering mn~ r,e,,: ...... ~ T ..... ':~ Services Department no later than five days prior to the planned commencement of blasting. A location map indicating the streets and structures involved shall be submitted together with this list. 3.4.7.1.4 Pre-blast notification The applicant shall provide written notification to residents who have not received a pre-blast inspection of the pending blast at least ten days prior to the commencement of the initial blast. The notification brochure shall be mailed or placed on the front door of each individual residence within the notification radius. A list of the property owners who were notified shall be furnished to the county prior to blasting. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 150 200 feet, plus an additional 50 percent. 69 Words struck x~.rzugh are deleted, words underlined are added o The written notification shall describe the blasting which will take place, its effect on the residents, their ability to obtain a pre-blast survey and how to contact the user or his or her representative with any blast related complaints or claims. Property owners shall be given a five-day window to respond to the availability and their desire to obtain a pre-blast survey. If blasting is suspended in an area for a period of 90 days or longer, renotification of all, residents within the radius calculated for a scaled distance of 150 200 feet pits an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting. 3.4.7.2. Within ten working days after a_n ~ application has been fully completed, as determined by the Development S__ervices Director or designee, and submitted to the Engineering gL-~opm~g Services Director or designee, the Engineering ~ Services Director or designee, shall: 3.4.7.2.1. 3.4.13.5.1 Approve the ~ application and issue a permit with such conditions, if any, which may be deemed necessary; or It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive within the territorial limits of the county without fist obtaining a blasting permit as hereinafter provided by this section; provided that in any event it shall be unlawful for any person to blast, fire or detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure finished or under construction not owned by the permittee, or at a location identified by the seismologist of record and the~.u......~,-'~-'~: ....... ~...~:~ ~..~v. ~; ...... Engineering Services Director, or designee. A blasting control procedure is herby established by adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-up letter or facsimile transmission is provided by the blasting permit applicant to the county identifying a revised blasting mythology which provides procedures that will be implemented to assure that a peak particle velocity of 0.5 inches per second will not be exceeded. SUBDIVISION 3.H. AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION Division 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Sec. 3.9.7. Appeal bY a~,rieved oerson frt~m enforcement. Any person who feels aggrieved by the application of this division, except one who is the 70 Words stn:ck t~zeugh are deleted, words underlined are added subject of a violation of this division that has not been lawfully abated, may file, no later .than wlt~:.n 30 days after the occurrence of the event(s) which first gave rise to said grievance and upon payment of the required fee, a written.petition with the develz?ment planning services director, to have the case reviewed by the Collier County Board of County Commissioners. The petition filed must specifically state all relevant and material facts pertinent to the event(s) which gave rise to the grievance as well as the remedy or relief being sought on review. The planning services director, no later than 30 days after receipt of a sufficient petition, will prepare an appropriate written response thereto, and then schedule the case to be reviewed by the Board of County Commissioners at its next regularly scheduled public meeting. SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.13., COASTAL CONSTRUCTION SETBACK LINE VARIANCE Division 3.13., Coastal Construction Setback Variance of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Sec. 3.13 Coastal Construction Setback Line Variance 3.13.6.2 Notice and public hearing for coastal construction setback line variances. In the case of an application for coastal construction setback line (CCSL) variances, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the board of county commissioners. A sign shall be posted at least ~5 days prior to the date of the public hearing by the board of county commissioners. The sign to be posted shall contain substantially the following lan_euage and the sign's copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: TIME: TO BE HELD IN COMMISSIONERS MEETING ROOM, COlJLIER COUNTY GOVERNMENT CENTER. The area of the signs shall be as follows: a. For properties less than one acre in size, the sign shall measure at least one and one-half square feet in area. b. For properties one acre or more in size, the sign shall measure at least 32 square feet in area. 2. In the case of signs located on properties less than one acre in size, a sign shall be erected by the development services director in full view of the public on each street side of tl~e subj.ect property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected al0Bg the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. 71 Words :~'-ack t?c~ug~ are deleted, words underlined are added 3. In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subiect property. There shall be at least one sign on each external boundary_ which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning services department director from the applicant requesting to withdraw the petition or requesting its indefinite continuance. 4. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. 5. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 3.13.6.4-3The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.~_ Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. 72 Words ~,_.~t~ ,k ..... k ............ ~,.. are deleted, words underlined are added Sec. 3.13.8. Permits. Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.3. Use of lawn and non-native coastal plant species on a single-family lot, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.3.1. A building permit has been issued for a single family dwelling unit. 3.13.8.3.2. Distance seaward of the CCSL shall not exceed 15 feet. 3.13.8.3.3. Use of any Catego~ I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, is prohibited. SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES Division 3.15., Adequate Public Facilities, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES *Code reference--Adequate public facilities ordinance, § 106-71 et seq. State law reference(s)--Concurrency, F.S. § 163.3180. Sec. 3.15.1. Short title, authority and applicability. 3.15.1.1. Short title. This division shall be known and may be cited as the "Collier County Adequate Public Facilities Ordinance." 3.15.1.2. Authority. The Board of County Commissioners of Collier County has the authority to adopt this division pursuant to Article VIII, Section l(f), Fla. Const., F.S. § 125.01 et. seq., F.S. § 163.3161 et. seq., F.S. § 163.3161(8), F.S. §§ 163.3177(10)(h) and F.S. § 163.3202(2)(g), and Rule 9J-5, F.A.C. 3.15.1.3. Applicability. This division shall apply to all development in the total unincorporated area of Collier County, and to all public facilities owned by Collier County in the incorporated or unincorporated areas of Collier County, and to all 73 Words s~mzk t,~ougk are deleted, words .underlined are added privately-owned public facilities where the level of service has been established by the county. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.) Sec. 3.15.2. Intent and purpose. 3.15.2.1. Intent. This division is intended to implement and be consistent with the Collier County Growth Management Plan, F.S. § 163.3161 et. seq., and Rule 9J-5, F.A.C., by ensuring that all development in Collier County be served by adequate public facilities. 3.15.2.2. Purpose. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to service development, and (2) by establishing a regulatory program that ensures that each public facility is available to serve development concurrent with when the impacts of development occur on the public facilities. 3.15.2.3. Minimum requirements. The provisions of this division in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.) Sec. 3.15.3. Definitions. 3.15.3.1. Annual update and inventory report or AUIR means the county report on public facilities described in section 3.15.6.2. 2 ........ 3.15.3.2. Application for development approval means an application submitted to Collier County requesting the approval of a development order. 3.1 ...... 3.15.3.3. Average annual daily traffic (AADT) shall be calculated consistent with the methodology established by the Florida Department of Transportation (FDOT). However the peak hour shall be established by using only 10 months of the year excluding February and March data. "~ 1~'~ ~'~ 3.15.3.4. Reserved. 3.15.3.5. Capital drainage facilities means the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed development to meet the LOS for drainage facilities. 3.15.3.6. Capital park facilities means the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. 3.15.3.7. Capital road facilities or capital road improvement shall include transportation planning for, engineering for, right-of-way acquisition for,.~.~,~..v.~..-e,~'; .... :"~' ....~"'~, and construction of any project eligible for inclusion as a road project in the road component of the CIE of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation Plan. 3.15.3.8 Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities. 3.15.3.9. Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 74 Words strt:ek t~cm:g~ are deleted, words underlined are added 3.15.3.10. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. 3.15.3.11. Comprehensive plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan, where referenced in this division. 3.15.3.44-12. ~. Constrained facilities are roadways which have been designated by action of the Board of County Commissioners once it has been determined that Oae-? I the facility will not be expanded by two or more through lanes due to physical, environmental or policy constraints. Physical constraints pdmar~!y occur when a roadway I is developed to the maximum six lane standard or when intensive land use development is immediately adjacent to roads, thus making expansion cost prohibitive. Environmental and policy constraints pr:.mad!y occur when decisions are made not to expand a road based on environmental, historical, archaeological, aesthetic or social impact considerations. Constrained roadways are identified by action of the BCC upon the recommendation of the Transportation Administrator. Roadways identified as constrained shall be subject to growth restrictions such that further LOS degradation does not occur once the roadway is determined to be operating below Level-of-Service standard. Constrained roadway segments are subject to growth restrictions that only allow for an increase in annual daily traffic volume of 10% above the service volume at Level-of-Service standard resulting in LOS operations not to exceed 110% of service volume. If the standard service volume is exceeded by 10%, only de minimis growth can be applied to the roadway segment. 3,~ ~, ,a lq ~q a 12.1. Physical constraints ~:~n.:,.. ................. ~, ........ , occur when intensive land use development is immediately adjacent to highways making roadway expansion cost prohibitive, or a facility has reached the maximum through lane standards acceptable to the county. 2 .......... 3.15.3.12.2. The maximum through lane standard shall be no greater than six through lanes with allowances for auxiliary_ or service lanes as deemed operationally necessary for county maintained facilities and as designated by the Florida Department of Transportation for state maintained facilities. 2.15.2. !2.23.15.3.12.3. Policy constraints are artificial barriers to roadway expansions based on environmental or political realities within a community. Unlike physical constraints,, however, these barriers to roadway expansion can change over time, as needs and communit, y goals change. 75 Words s*auck t."~ough are deleted, words underlined are added 2.15.~.14.3.15.3.13. Deficient road segment means a county or state road segment on the J major road network system that is operating below its adopted level of service standard. 2.15.3. :5.3.15.3.14. Roadway capacity service volumes shall be determined based on the methodology contained in the 2~090 most recent gedition of the "Highway Capacity Manual", Transportation Research Board, National Research Council, Washington, D.C., the Florida Department of Transportation (FDOT) procedures and applications, and the level of service standards set forth in the Capital Improvements and Transportation Elements of the Growth Management Plan. 3.15.3.14.1. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a deficient road segment, the county shall consider: Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes and number of signals. 2. Capital road improvements under construction. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction before the impacts from the development or phased development accrue to the roadway system. Construction of the required capital improvement is included in or before the third year of either the state's five-year work program or the county's current five-year capital improvement schedule adopted as part of the Growth Management Plan. 3.15.3.4415. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.3.4-516. Development agreement has the meaning contemplated in F.S. § 163.3220 et seq. 3.15.3.4617. Development has the meaning given it in F.S. § 380.04. 76 Words struck t~cugh are deleted, words underlined are added 3.15.3.-1-~18. Development order means any order, permit, determination, or action granting, denying, or granting with conditions as application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right- of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, tree removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development as defined in this division. 3.15.3.-1-819. Final development order means a final local development order or a final DRI development order. 3.15.3.4920. Final DRI development order means a development order, as amended from time to time, adopted by the Board of County Commissioners of Collier County and approved by the state pursuant to F.S. § 380.06, notice of which is recorded pursuant to F.S. § 380.06(15)(f). 3.15.3.-2-021. Final local development order means any ..... _,...j ............ v .... a final approved subdivision plat, a final approved site development plan,_building permit or mobile home tie-down permit issued by the county. 3.15.3.g-1-22. Growth management plan or GMP means the most recently adopted and effective comprehensive plan of Collier County, as amended from time to time. 3.15.3.-2-323. Land development regulations mean ordinances enacted by Collier County pursuant to F.S. § 163.3161 et. set., for the regulation of development, and includes any zoning, subdivision, impact fee, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.3.g--324. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by a public facility based on and related to the operational characteristics of the public facility, as adopted in the Collier County growth management plan. LOS shall indicate the capacity per unit of demand for each public facility. 3.15.3.24.1. Level of service calculations for roads means calculations that are performed annually c^, .... :~ ,u~ ~a ~c ,~.~ ~n~a~. by .......... ~, ......................:,'ear comparing average annual daily ~fic counts to the annual average daily traffic se~ice volume lock up ta~l:s ~n t~e · .~m~...~ ~..~: .... ~....~:~.. ~.~...~_..~ .... * These se~ice volumes ~e calculated to express the average d~ly traffic volumes based upon the.,.o..~o,k:~k~* ..~. ~.~--.~ .... ..~.k ..... ~. ......... u h .... ten-month average omitting Febm~y and March. A ~u 3.15.3.25. Reserved. 3.15.3.2--526. LOS for capital drainage facilities varies among 1) new or existing capital drainage facilities owned or operated by a local government or other public entity, 2) existing capital drainage facilities owned or operated by private persons, and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that are in existence on the effective date of this division and for those new capital drainage facilities owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. For new capital drainage facilities owned or operated by private persons, the LOS is 77 Words s*~uck tFzc'-'-gh are deleted, words underlined are added identified in the drainage sub-element and capital improvement element policy 1.1.5.A.3 (present requirements are a 25-year, three-day storm event) and is based on those standards and requirements for renewal and approval of drainage and stormwater management plans established in the Collier County Water Management Policy Ordinance No. 74-50, as amended and Ordinance No. 90-10 which are incorporated herein by reference. 3.15.3.;3627. LOS for capital park facilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres per/I,000 persons for community park land; and $179.LYJ $240 of capital investment per capita (at current cost) for recreational facilities. 3.15.3.gg28. LOS for capital potable water facilities varies between public water systems and private water systems. For the county water and sewer district the LOS is 185 gallons per capita per day (GPCD). For the Goodland water district the LOS is 163 GPCD. For the city of Naples unincorporated service area the LOS is 163 GPCD. For the Everglades City unincorporated service area the LOS is 163 GPCD. For private potable water systems, the LOS is the sewage flow design standards as identified in Policy 1.31 of the Potable Water Sub-Element of the Growth Management Plan..o-~ c~,.~....., o, except that approved private wells are exempt from these LOS requirements.'-: 'T'AI~T 1~ rI%T~"T'. r~ Per member ...... * 25 fAX ~ .... A ~+~;I 1 .... ~ { ......... ~ ~ ~x,_~ ~-~-,t~a ...... ~.a:*~':.. .... o (per scat) 5 78 Words ........... ~.. are deleted, words underlined are added 3.15.3.2S29. LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan. -'--:~ ~ .... ~: .... t;.~, .... c ~r A DT C Lx,~SET: 79 Words str'.=k through are deleted, words underlined are added SR-82 C - - 3.15.3.-2-930. The LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS forw~..,~"~";~ ,sanitary o,~.. ~. a .... , ..... · ~,~:~. ,he , ~e 12~ ,~oa ~the North Sewer Area is 145 g~lons per capita per day (gpcd). The LOS for the South Sewer Area is 1~ gallons per capita per dav (~cd). The LOS for the City of Naples Uninco~orated Se~ice Area is 121 gallons per day per capita (~cd). The LOS for private sanitary sewer systems is as required by the State of Florida in Chapter 10-D-6, F.A.C. These standards vary according to the type of land use. ~ .,o r~,, ..... except ,h.,, aApproved private septic systems are exempt from these LOS requirements+: TABLE ~I£ET: .... ~. em_ oyee 20 Per nzn char 50 ~, .... m~ ~. d ) 250 ......... octor ~OOd .... ; ........ ......... v ..... ong ...... ~ employee 20 .............. ~ w ..........) 20 Sea/ice ......... 80 Words struck threugh are deleted, words underlined are added Public institutions other than schools and hospitals (per person) 100 (~ ~*'"~ ) Schook er ..... nt ,*k'~ A A4 c~ showers 5 ........................ v ...... v ............ ,v~. worker 50 3.15.3. 2931. LOS for capital solid waste disposal facilities requires c,-afficient caFital constructed lined cell capacity at the average disposal rate for the previous five (5) years, and ten (10) years of permittable landfill capacity at the average disposal rate for the previous five (5) years. 81 Words str'-'-ck through are deleted, words underlined are added · u~ gro`wt~ ......... ~ Flan. · ua ,^,., ...: ....... ,..~ c,..,,:., c, .... "' The major road network system is depicted in the traffic circulation Transportation element of the Collier County Growth Management Plan. 2.15.2.?..3.15.3.33. The peak hour is ccngidered to. be based on the average of 10 I months of the year ..~.t. u .... average (omitting FebmarydMarch) and is the basic time I reference used to calculate levels of service using the definitions and methodologies of the 2~current edition of the Transportation Research Board Highway Capacity Manual I (or.~o:* ....... .~..~..~ .~...v-,,~....~a;*:~"~,d the procedures and applications from the Florida Department of Transportation. 3.15.3.3~_. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. 3.15.3.3735. Public facilities mean capital drainage facilities, capital park facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.1.) Sec. 3.15.4. Rules of construction. 82 Words s*."-'-ck tFzc'-'-gh are deleted, words underlined are added In the construction of this division, the rules set out in this section shall be observed unless such construction is inconsistent with the manifest intent of the Collier County Board of County Commissioners. The rules of construction and definitions set forth herein shall not be applied to any provisions which expressly exclude such construction, or where the subject matter, content or context of such provisions would make such construction internally inconsistent or inconsistent with other provisions of this division. 3.15.4.1. Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the Collier County Board of County Commissioners may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms. In the interpretation and application of any provision of this division it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this division imposes greater restrictions upon the subject matter than a general provision imposed by the growth management plan or another provision of this division, the provision imposing the greater restriction or regulation shall be deemed to be controlling. 3.15.4.2. Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control. 3.15.4.3. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is Saturday, Sunday or legal holiday, that day shall be excluded. 3.15.4.4. Day. The word "day" shall mean a calendar day, unless "business" day is indicated. 3.15.4.5. Delegation of authority. Whenever a provision appears requiring a division administrator, the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the division administrator, head of the department or some other county officer or employee to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. 3.15.4.6. Gender. Words importing the masculine gender shall be construed to include the feminine and neuter. 3.15.4.7. Month. The word "month" shall mean a calendar month. 3.15.4.8. Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 3.15.4.9. Number. A word importing the singular number only, may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. 3.15.4.10. Shall, may. The word "shall" is mandatory; "may" is permissive. 3.15.4.11. Tense. Words used in the past or present tense include the future as well as the past or present. 3.15.4.12. Week. The word "week" shall mean seven calendar days. 3.15.4.13. Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures whether by printing or other form or method of writing. 83 Words struck '~hr.v. ugh are deleted, words underlined are added 3.15.4.14. Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 days is indicated. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.) Sec. 3.15.5. Establishment of management and monitoring program and regulatory program: the annual update and inventory report (AUIR), Transportation Concurrency Management System, CIE amendments, and annual budget. In order to implement the mandate of the Collier County Growth Management Plan to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available to accommodate development in Collier County concurrent with when the impacts of development occur on such public facilities, the Board of County Commissioners establishes, pursuant to the terms of this division, (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility herein after referred to as the AUIR, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.) Sec. 3.15.6. Management and monitoring program. 3.15.6.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on such public facilities, the county shall establish the following management and monitoring practices. Their purpose is to evaluate and coordinate the timing, provision, and funding of potable water, sanitary sewer, solid waste, drainage, park and road public facilities (1) to ensure adequate planning and funding to maintain the LOS for the public facilities, and (2) to evaluate the capacity of the public facilities for use in the regulatory program to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the development concurrent with when the impacts of that development occur, co.._ · ..... ,k..o 1.9 3.15.6.2. Annual Update and Inventory Report on Public Facilities (AUIR). On December I .cf each year, tThe Community Development and Environmental Services Division Administrator shall complete an annual update and inventory report on public facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years, and identify new projects needed to maintain adopted LOS. The forecasts shall be based on the most recently updated schedule of capital improvements (public facilities) for each public facility. The AUIR shall be based on the most recent bureau of economic and business research (BEBR) population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic county data: The findings of the AUIR, as approved by the Board of County Commissioners, shall be the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient, or constrained "Category A" facilities. The AUIR shall identify additional projects and funding for inclusion in the Schedule of Capital 84 Words ........... ~,.. are deleted, words underlined are added Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years. Direction by the Board of County Commissioners to update and amend the CIE to include projects and revenues needed to maintain adopted LOS for "Category A" facilities, as identified in the AUIR, shall constitute a finding of concurrent "Category A" facilities, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR. In addition to identifying needed capacity expansion projects and revenues for inclusion in the CIE, the roads component of the AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database factoring in development approvals since the previous AUIR and capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE. 3.15.6.2.1. Annual determination of adequate "Category A" public facilities (concurrency) r~ .... ,.A.., r~ .... ,.~. ~ A~, ~n~. ..... tTh C ity D 1 p d .... e ommun eve o ment an Environmental Services Division Administrator will annually present the AUIR report to the Board of County Commissioners identifying deficiencies p~ or potential deficiencies in "Category A" public facilities and remedial action options including but not limited to the following: Establishment of areas of significant influence (ASI's); Public facility project additions to the financially feasible CIE; ........... e Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the Board of County Commissioners, the state legislature or the county voters. d. Private development improvements guaranteed by an enforceable development agreement. e. Designation of a constrained roadway segment. 3.15.6.3 Recommendations on the annual CIE update and annual budget. Based upon the AUIR analysis, the Community Development and Environmental Services Division Administrator shall propose to the Collier County Planning Commission and the Board of County Commissioners ........................ "- ^r .,.A.., C,~*A~.~. ~ AC ~.,~. ).ear, the annual update and amendment to the CIE as part of the annual growth management plan amendment cycle transmittal public hearings. It will include the public facilities needed to maintain LOS as directed by the Board of County Commissioners upon presentation of the AUIR. The annual budget, which is to be adopted by October 1 of each year shall also include projects and funding as directed by the board upon presentation of the prior AUIR. 3.15.6.4. Establishment of Deficient, or Constrained segments, area cf significant 3.15.6.4.1 Establishment of deficient roadway segments, ar~a 85 Words stp-'-ck t."~-m:gh are deleted, words underlined are added Deficient roadway segments may be defined as constrained with provisions for ]irnited additional impact as defined in section 3.1~35.3.12. For ]~;~deficient roadways segments that cannot be defined as constrained, shall be deemed .':on concurrent and no trips shall be allotted under a certificate of adequate-public facilitiesy adequacy for developmentT ;;,h:~k o:~.:r.~....: ..... .o ,-~.~ a~:~.. ...... * that generates more than a de minimis impact to a deficient segment as determined after consideration of the development's traffic impact analysis. 3.15.6.4.1.1 Significant impact for traffic impact analysis for a proposed development shall be defined as the following: On links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 3% of the adopted LOS standard service volume; For two links on either side cf all adjacent to links directly accessed by the project where project traffic is up to and including 3% of the adopted LOS standard service volume; For all other links the proiect traffic is considered to be significant up to the point where it is 5% of the adopted LOS standard service volume. 3.15.6.4.2. Establishment of area(s) of significant influence (ASI). If the finding of the AUIR analysis identify additional road improvement projects needed to maintain adopted LOS, they may be included in the road component of the proposed annual CIE update and amendment at the discretion of the board. Based upon board direction on inclusion of additional road projects, the Community Development and Environmental Services Division Administrator, in conjunction with the Transportation Services Administrator may propose and identify one or more areas of significant influence (ASI) for any deficient road segment. The limits of any ASI shall be established pursuant to the standards in subsection 3.15.6.4.3 of this division. No trips greater than 1% of the adopted peak hour service volume shall be allotted to any single development in an ASI encompassing a deficient road segment. ................................... 7 a r L~C ~ ~, e 3.15.6.4.~_3. Standards in establishing area of significant influence (ASI). 3.15.6.4.g3.1. General. The bc'and-~ies far an An ASI shall include the directly impacted roadway segments that are deficient. ~-~ ~-~ 86 Words ............ oh are deleted, words underlined are added TAPRLE ~.~SET: 3.15.6.4.3.2. Interim development controls on ASI links. The directly impacted deficient link shall be limited to de minimis development, which allows an impact of less than 1% of the peak hour service volume. The immediately adjacent links to the directly impacted roadway segment shall be continuously reviewed to insure that no development is approved on those links that would allow more than de minimis development to occur on the directly impacted link. Development of a single-family home on a lot, tract or parcel of land is exempt from the provisions of this section. 3.15.6.4.34_. Review and approval by board of county commissioners. After receipt of the proposed boundaries of a potential ASI ~,4 ,k ........ ,4 .~O;al.~1 ^ cT from the ....... :*-. ~ .... ' .....* ~-~ .... ; ......,-,o....,;~.~o di..;o;~,. Transportation Services Division Administrator, the Board of County Commissioners, [ ....... ~ "~' ~' 5'ear, shall hold a public hearing noticed pursuant to the requirements of F.S. § 125.66(5)., and ~After consideration of the proposal and public comment, the Board may approve the ~ designation of an ASI, (including a map of the ^ er with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not ~ deficient and determine that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ~ ASI(s) ...... ~ .~:a..~ ..... :., .~:~ ~.^~ c ..... "~ e~ will become effective upon adoption by ~ _ the Board of County_ Commissioners. on ...... : ! ...-c .~..~..~- year 3.15.6.4.45. Map of areas of significant influence (ASI). A map showing the ~ of affected roadway segments within_each ASI established by the Board of County Commissioners shall be kept in the Community Development and Environmental 87 Words s'~mck thrcugh are deleted, words underlined are added Services Division and the office of the Clerk to the Board of ....... a., ............. v County Commissioners for review and inspection by the public during normal business hours. 3.15.6.4.~_. Duration of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the board of county commissioners, they are valid for one year, unless otherwise dissolved. 3.15.6.4.7. Dissolution of area of significant influence (ASI) .~.r ...., ~.,~ ~..-...:"~..~ .~.r ...... ~..o..*~'-':~.~..~.. ~-,~r ~ the Schedule of Capit~ ~provements is mended to include the needed road improvements to eli~nate the classification of a road as a deficient orv~,~,---~-v~*:~u" ~,..,.~.,,~n~:~* road segment, then the ~ea of significant influence (ASI) established for that deficient~. .... v~-~-~----J'~*:~"" ~.~,~..,~n-:~ road segment sh~l be dissolved in the same m~ner in which it was established. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.) Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available. 3.15.7.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 3.15.7.2. Exemptions. The following development orders and development shall be exempt from the terms of this division: 3.15.7.2.1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: 3.15.7.2.1.1. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; 3.15.7.2.1.2. Substantial deviations are sought for a DRI development order,-amt-t4%~, : ...... ~" and then this division shall apply only to those portions of the development for which the deviation is sought; 3.15.7.2.1.4_3. 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 division to the development order is clearly established to be essential to the public health, safety and welfare; or 3.15.7.2.1.~_. The new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 3.15.7.2.2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. 88 Words s'~-'-zk _:raug.. are deleted, words underlined are added 3.15.7.2.43. Original T_temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.~_. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the growth management plan. 3.15.7.2.65. Original T_temporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.:36. Any development order or development whose current owner is entitled to receive, and who properly obtains, a determination of vested rights for adequate public facilities ("APF") in accordance with the provisions of this section. 2.15.7.2.7. 3.15.7.2.76_.1. Application. An application for determination of vested rights for APF shall be submitted in the form established by the Community Development and Environmental Services Division Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.74_.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.:36.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.7-6_. 1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in section 3.15.7.2.:36.7. 3.15.7.2.:36.2. Determination of completeness. After receipt of an application for determination of vested rights for APF, the Community Development and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the Community Development and Environmental Services Division Administrator shall notify the applicant in writing of the deficiencies. The Community Development and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied. 3.15.7.2.:36.3. Review and determination or recommendation by community development and environmental services division administrator and the county attorney. After receipt of a completed application for determination of vested rights for APF, the community development and environmental services division administrator and the county attorney shall review and evaluate the application in light of all of the criteria in section 3.15.7.2.:36.7. Based on the review and evaluation, the community development and environmental services division administrator and the county attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in section 3.15.7.2.:36.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and environmental services division administrator and the county attorney agree based on the review and evaluation that the application for determination of vested rights for APF so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for APF with the owner, in lieu of the written recommendation to the hearing officer and the provisions in sections 3.15.7.2.:36.4, 3.15.7.2.:36.5. and 3.15.7.2.7-6_.6. However, any such stipulated determination shall be in writing, signed by the community development and environmental services division administrator, the county attorney and the owner, and shall include findings of fact based on the criteria established in section 3.15.7.2.:36.7., conclusions of law for such criteria, and the determination granting or 89 Words sm:'~k t?~zugh are deleted, words underlined are added granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.:/6_.4. Review and determination of vested rights determination for APF by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for APF and the written recommendation of the community development and environmental services division administrator and the county attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in Ssection 3.15.7.2.6.7.,7.2.7.7., and shall follow the rules of procedure set forth in S~-tion F.S. § 120.57(1)(b), 4, 6, 7, and 8;;~le~:~..~. ~,,,,~vo,e~"~ .... ,.~.,~ ~v~,~,,~.e~:^~ F.S. § 120.58(1)(a),(d) and (f);,; .rn~:~a~ .. ~.~,..,,oe~"*"'~° and geeOon F.S. § 120.58(1)(b), .r:~^~:'~.,.~,.,,, ~-,-~-,~,,o,e'"~"'~ only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. F!c,r:.~a A~:v2n':strat~ve Cede except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in section 3.15.7.2.6.7 ......... The county attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if any. 3.15.7.2.g_6.5. Issuance of vested rights determination for APF by heating officer. Within 15 working days after the completion of the public hearing under section 3.15.7.2.6.4.7.2.7.4., the Hearing officer shall consider the application for determination of vested rights for APF, the recommendation of the community development and environmental services division administrator and the county attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in section 3.15.7.2.6.7.7.2.7.7., and shall deny, grant, or grant with conditions the application for determination of vested rights for APF for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in section 3.15.7.2.6.7.7.2.7.7, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.g6.6. Appeal to the Board of County Commissioners. Within 30 days after issuance of the Hearing Officer's written determination of vested rights for APF, the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for APF of the Hearing Officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of vested rights for APF, with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for APF. The Board of County Commissioners shall not be authorized to modify or reject the Hearing Officer's determination of vested rights for APF unless the Board of County Commissioners finds that the Hearing Officer's determination is not supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that the Hearing Officer's determination of vested rights for APF is contrary to the criteria established in Ssection 3.15.7.2.6.7.7,2.7.7. 3.15.7.2.g_6.7. Criteria for vested fights. This section is intended to strictly adhere to and implement existing case law as they relate to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrency), and related matters. It is the express intent of Collier County to require application of the 90 Words s~'.:ck tk~cugh are deleted, words underlined are added provisions of this division to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly F.S. § 163.3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this section. It is intended that each case be decided on a case by case factual analysis. An owner shall be entitled to a positive determination of vested rights for APF only if he demonstrates by substantial competent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this division based on the provisions of F.S. § 163.3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. 3.15.7.2.76_.8. Limitation on determination of vested rights for APF. A determination of vested rights for APF which grants an application for determination of vested rights for APF shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within two years after the issuance of the determination of vested rights for APF under this section 3.15.7.2.g6., or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested rights for APF under th:.s section 3.15.7.2.g6., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned two-year time limitation on the determination of vested rights for APF shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this division. 3.15.7.2.6.9. Certification of transportation impact vesting in conjunction with a development agreement. Within six months of the effective date of this ordinance, previously approved Planned Unit Developments (PUD) and subdivision plats, without statutory vesting, may apply for certification of vesting for transportation impacts. The form and content of the application will be determined by the Transportation Services Division Administrator. Revisions to the PUD or plat that do not increase impacts may be allowed without losing vesting or being required to go through the initial application process under a development agreement under the provisions of Chapter 163.3220 F. S. During the process of determining the status of vesting, revisions to planned unit developments and subdivision plats that decrease the impact of the development through such methods as reducing density, making additional provisions for mixed use development to capture trips or providing additional transportation system interconnections may be modified to maintain or attain traffic impact vesting. These types of changes shall be evaluated and upon concurrence of the Transportation Services Division Administrator presented to the Board of County Commissioners for approval in the form of a development agreement as provided for in Chapter 163.3220 F.S. 3.15.7.3. Certificate of public facility adequacy. 3.15.7.3.1. General. 3.15.7.3.1.1. A val!d,'~,,~v,,,~,.,:-~a certificate of public facility adequacy shall be obtained ently ith th pp al of fil~ g c ..... ~:~, ..... · .~, ,,ev.~....~..~--~the concu~ w m ea roy n first final loc~ development order ........... ~ ......... , ---J ......v ................. v ................... r ............ may be 91 Words s*c'-'-ck t?.rm:gS are deleted, words underlined are added r .......~ ~"~;':~"~ ........ ~ .... ': .....'";"" '~ ..... At the time a Ce~ificate of Public Facility Adequacy is issued, all applicable impact fees must be p~d into the applicable Trust Fund and will be i~ediatelg available to implement "Catego~ A" pit 1 i p i 1 dig d -':*" *" ...... +:~ ~c . ~;n~.,~ ~c ~..~,~ ca a m rovements, ncu n roa s ................ v ................. ---- v ..... 3.15.7.3.1.2. Reserved. 3.15.7.3.1.3. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this division, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. 3.15.7.3.1.4. All Estimated applicable impact fees mhd system deve!cpment fees for a development shall be paid into the Goasogdated-Applicable Impact Fee Escrcw Trust Funds in the amount estimated to be due upov,-as a prerequisite to the issuance of the final local development order(s) k,,:~:~,..,~...e, ..... v,~-----,o,:'tox for the development upon or prior to issuance of a certificate of public facility adequacy for the development: ~.~;~+ ..... ;~w~ ... k.. +k..~ .... ~;~+ Payments of The p.~...~...+ ~c +k~ impact and system~ ~ ..... ~.~v...~...~ ..... · fees into the ~pact Fee Escrow Test Fund prior to the effective date of this ordin~ce sh~l be applied as a credit tow~ds the impact ~fees c~culated and due ~as a prerequisite to the issuance of the bu[!d!ng ~ final local development order(s) for the development. ~pact ~fees p~d into the ~pact Fee Escrow Test Fund prior to the effective date of this ordinance sh~l be refundable upon written request to the co--unity development and environment~ se~ices division ~administrator accompanied by the su~ender of the original ce~ificate of public facility adequacy obt~ned prior to issuance of ~ final local development order(s) for the development. Fees paid ~as a prerequisite to the issuance of ~ final loc~ development order(s) in accordance with the applicable consolidated impact fee cr system~ ~ .... .~.~v...~... ordinances sh~l be re~ndable pursuit to the provisions of such ordinances upon written request to the tin,ce director, clerk of coups. 3.15.7.3.2. Rules of general applicability for certificate of public facility adequacy. 3.15.7.3.2.1. Timing. An application for a certificate of public facility adequacy may only be submitted ~ subject to section 3.15.7.3.1.1. g. 15.7.2.2.2.3.15.7,3.2.2. Impact Fees. A complete application for a certificate of public facility adequacy will include the a calculation of the total amount of impact fees estimated to be due, as appeo-ve~determined by the Impact Fee Coordinator, on the development for which a final local development order application has been submitted. Impact fees will be due at the time of notification of approval of the final local development order and will be r-ee, eipm'~-deposited into the ~applicable Impact Fee Trust Fund and will be immediately available for appropriation by the Board of County Commissioners for capital improvements. Final calculation of impact fees due will based on the impact fee schedule in effect at the time of at-t-he-the issuance of building permit(s), and ~,~a, dditional impacts fees may be due prior to issuance of the building permit(s), or a refund from the Impact Fee Trust Fund (accompanied by the surrender of the Certificate of Adequate Public Facilities) may be due to the applicant in the case of an overpayment at application for a development order. 92 Words stv-'-ek thrc'.:g?, are deleted, words underlined are added 315 32;!3 C lid d ppli 5 ildi gp ' 7 onso ate a cation..^, u n er.mat, c._., o...~o:'a ,..,~'~ .... · *-vv---~---~ ..... ' v--.-.-~" A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for development approval, where appropriate under this division. An application for a Certificate of Public Facility Adequacy will receive final approval and a certificate will be issued concurrently with a final local development order. 3.15.7.3.2.3.4 Assignability and transferability. A certificate of public facility adequacy shall run with the land, shall be assignable within a proposed development, and shall not be assignable or transferable to other development. 3.15.7.3.2.4:.5 Expiration. A certificate of public facility adequacy shall expire three years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final ~ subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code_.,~ Refund of Any ....... .~ T ....... f~.;an ............ ~ ......... Impact Fees will be ~ subiect to the provisions of the Consolidated (?) Impact Fee Trust Fund Ordinance. 3.15.7.3.2.45.1. For large developments as indicated below, a five year Certificate of Public Facility Adequacy may be obtained provided the Developer enters into an enforceable development agreement with the County. For development comprised of more than 500 residential dwelling units, or for a phased increment of development comprised of more than 150 residential dwelling units, or for a commercial/industrial development of more than 100,000 square feet of gross leasable area, a certificate of public facility adequacy shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the ty B ..... ;.~a.~ f~.a ~a,-*;~fa ka~.~a.. terms of the Collier Coun uilding Code.,_ v .................. ----~-- -.--..~- c+~.., c~.....,a~,o ~ E year t~c~s .,o:. k ...... +: ..... :ok. ....... .......· ..e '.'m~aet fee.~? ale ~,,1-,I ;,-. ............. ~' ............ a adequac;,; and 3.15.7.3.2.6_6. Effect. Issuance of a certificate of public facility adequacy shall demonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for development approved in a development order for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for development approval shall require a new certificate of public 93 ...... t. deleted, words underlined are added Words ....... thrcugh are facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a certificate of public facility adequacy for subsequent or continuing development once a certificate has expired shall be based on the cond'~tions and public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed. 3.15.7.3.3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the board of county commissioners, any applicant may enter into a development agreement with Collier County pursuant to the provisions of F.S. §§ 163.3220--3242, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur · ..+~'e nnblic facilities r~ .... , on ................... year ............... W~ 3.15.7.3.4. Procedure for review of application. 3.15.7.3.4.1. Submission of applications and fees. TheAn Application for a Certificate of Public Facility Adequacy c^. ~,, ........ , ......, ~^~ao .......... r .............r ...... shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator.. , ....... ., ............. r ................ r ...... r7 .~ .................. · ~ v~,r ~o ~,~ ..... ~ .... ,~ ...... ,~,~o/~ ............ ~ .... ,~ ..... /~ ~,/~/~,.~,~,~,~ ,~ ........ ~,~ ~,~ : ...... s,~a~ndlng ~_~a .~.;;~_,;~ ~ An application sh~l be submitted at the filing ~ ~ for the next final local development order ~ ~ ........... ~ ...... ..... ri.., ........... r ....... v-~-, ..........e v ....... as sec c roy e for under subsection 3.15.7.3.1.1. An application fee~ in an ~ount to be dete~ned by the Board of County Co~ssioners sh~l accomp~y ~d be p~ of the applicationfi. 3.15.7.3.4.2. Application contents. The form and contents for the Application for Public Facility Adequacy except for the road component shall be established by the Community Development and Environmental Services Division Administrator. I_.qn all cases~ the applicant shall provide a facsimile number at which communications and notifications from the County to the applicant may be sent. The form and contents for the Application for Public Facility Adequacy for the roadway component shall be established by the Transportation Services Division Administrator. Although the application will have two ma, ior components (transportation and all other "concurrency Category A" facilities)~ complete 94 Words zm:ck t~:ough are deleted, words underlined are added applications in their entirety are necessary to allow proper and adequate review by both the Community Development and Environmental Services Division and the Transportation Services Division. The form and contents for the entire Application shall be published and made available to the general public. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an Application for Certificate of Public Facility Adequacy by the Community Development and Environmental Services Division, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for fec-ei~ processing no later than the next business day. After receipt of the aa Application for Certificate of Public Facility Adequacy, the Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective component is complete within t4ms~five business days. If it is determined that the app!~cat!ons are is any component of the application is not complete, written notice via facsimile shall be se~ed-o~ provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within five-twenty business days after the application is determined to be complete, the Community Development and Environmental Services Division A`4~;,:~ ....... . c~ .~. ......... c .... shallAdministrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in 8_section 3.15.7.3.5. The Transportation Services Administrator shall review and grant, or deny a certificate of adequate public facility for roads within Awe-twenty business days after the application is determined to be complete. 3.15.7.3.4.4. Appeal ;o of Public Facilities Determination. Appeal Commktcc. Within 30 days after issuance of the determination of the Community Development and Environmental Services Division Administrator and/or the Transportation Services Division Administrator on the Application for a Certificate of Public Facility Adequacy, the applicant may appeal the determination of ,k,~,_., r,....,___._.; ,. ,,.~ Development and ~'k~;c Facility ^'~ ...... o..k~;c r:~;,:,~. ~,~;.~,;~. Appe~ ~;**~ the ......... ~..~y to the ........................................... Collier County Bo~d of County Com~ssioners. A fee for the application and processing on an appeal shall be established at a rate set by the Bo~d of County Commissioners from time to time and shall be ch~ged to and paid by the applic~t for a third p~y evaluation. The third p~y shMl be ~ outside consultant who has been previously approved by the county for the pu~ose of providing independent review and reco~endations on public facility adequacy determinations. The Bo~d of County Co~ssioners ~uS~;c ~;~;*:~- ~'~-~:-~*:~- * .... ~ ~;"~ shM1 hold a hearing on the appe~ ~d shall consider the deter~nation of the Co--unity Development and Environmental Semices Division Ad~nistrator and the Transpo~ation Semices Division Administrator, independent third p~y testimony ~d public testimony in light of all the criteria set fo~h in g5ection 3.15.7.3.5 of this ordinance. The Board of County Com~ssioners ~"~:~ ~ac;~:*;es ~'~:-~*;~- * .... ~ ~:**~ shM1 adopt the Co--unity Development and Environment~ Semices Division Adminis~ator's and the Tr~spo~ation Semices Division Ad~nistrator's determination on the Application for a Ce~ificate of Public Facility Adequacy with or without modifications or conditions, or reject the Co--unity Development and EnvironmentM Semices Division Ad~nistrator's and the Transpo~ation Semices Division Ad~nistrator's dete~ination. The Board of County Co~ssioners ~"~;~ ~.~;~;,;~o ~,~.~:..,;~. , .... ~ ~.~;,,~ sh~l not be authorized to modify or reject the Co--unity Development and Environment~ Semices Division Ad~nistrator's and the Tr~sponation Semices Division Ad~nistrator's dete~ination unless the Bo~d of County Co~ssioners Pub~;- ~;~:*;e° ~'~;"~*:~" * .... ~ ~;"~ finds that the dete~nation is not supposed by substantial competent evidence or that the Co--unity Development ~d Environmental Semices Division Administrator's and the Tr~spo~ation Semices Division Ad~nistrator's deter~nation is contr~ to the criteria established in gsection 95 Words s*c'.:ck ~eug~ are deleted, words underlined are added 3.15.7.3.5 cf thig ordinance. The decision of the Board of County Commissioners~ Facilitieg Dete.,-'w2nat!cn Appeal Ccmw2ttce shall include findings of fact for each of the criteria. 3.15.7.3.4.5. Cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a Certificate of Public Facility Adequacy has been approved and a Certificate issued, the applicant shall have ~ 5 business days to pick up the Certificate and pay all applicable impact n~nd o., ............ t-' .... nt fees. ~ ~vi4.!.-b~-~,~g-m ,h,,..~ app!i.zant ~'ov .... ~----~'~'n~a .-,-.--~:' If the applicant does not pick up the Certificate and pay all applicable impact fees within ~ 5 business days of notification by facsimile ~y,~.~-.~~"~:c'~a ~..~.,"'~" the Certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new Certificate. C-ea:tif-m-at~ 3.15.7.3.5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and roads). 3.15.7.3.5.1. Potable water facilities. 3.15.7.3.5.1.1. The potable water component shall be granted if any of the following conditions are met: 3.15.7.3.5.1.1.1. The required public facilities are in place at the time a building permit is issued. 3.15.7.3.5.1.1.2. The required public facilities are under construction at the time a building permit is issued. 3.15.7.3.5.1.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1. and 3.15.7.3.5.1.1.2. 3.15.7.3.5.2. Sanitary sewer facilities. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 3.15.7.3.5.2.1.1. The required public facilities are in place at the time a building permit is issued. 3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a building permit is issued. 3.15.7.3.5.2.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.2.1.1. and 3.15.7.3.5.2.1.2. 96 Words :~u=k '&.rough are deleted, words underlined are added 3.15.7.3.5.3. Solid waste facilities. 3.15.7.3.5.3.1. The solid waste component shall be granted if any of the following conditions are met: 3.15.7.3.5.3.1.1. The required pubic facilities are in place at the time a building permit is issued. 3.15.7.3.5.3.1.2. The required public facilities are under construction at the time a building permit is issued. 3.15.7.3.5.3.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.3.1.1. and 3.15.7.3.5.3.1.2. 3.15.7.3.5.4. Drainage facilities. The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the environmental services division that meets the LOS for Capital Drainage Facilities defined in subsection 3.15.3.26.42.22. 3.15.7.3.5.5. Park and recreation facilities. 3.15.7.3.5.5.1. The parks and recreation component shall be granted if any of the following conditions are met: 3.15.7.3.5.5.1.1. The required public facilities are in place at the time a building permit is issued. 3.15.7.3.5.5.1.2. The required public facilities are under construction at the time of building permit is issued. 3.15.7.3.5.5.1.3. The required public facilities are the subject of a binding contract executed for the construction of those public (a~4l~-v,4dehfacilities, which provides for the commencement of actual construction within one year of issuance of a building permit. 3.15.7.3.5.5.1.4. The required public facilities are development agreement that includes the provisions 3.15.7.3.5.5.1.2. and 3.15.7.3.5.5.1.3. guaranteed in of subsections an enforceable 3.15.7.3.5.5.1.1., 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether sufficient capacity is available based on the findings of the transportation ..................... · .... *~"~ impact analysis, which shall be based upon the provisions of 3.15.6.4.1 and 3.15.6.4.3.2. '~' ........ ~ ~ .... ~ ..... , : .... ~o:.~ , (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.) Sec. 3.15.8. Liberal construction, severability, and penal provision. 3.15.8.1. The provisions of this division shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. 3.15.8.2. If any section, phrase, sentence or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not effect the validity of the remaining portion. 3.15.8.3. A violation of this division shall be misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Collier County shall have the power to sue in civil court to enforce the provisions of this division. 97 Words :tr'-'-ck t~,roug~ are deleted, words underlined are added (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.) SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.16., GROUNDWATER PROTECTION INCLUDING THE WELLFIELD PROTECTION ZONE MAP SERIES. Division 3.16., Groundwater protection including the Wellfield Protection Zone Map Series, of Ordinance No. 91-102, as amended, is hereby amended to read as follows: DIVISION 3.16 GROUNDWATER PROTECTION 3.16.2.1.2.1.7. The following aquifer: A. B. wellfields withdraw groundwater from the water table The Everglades City Wellfield; and The Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield_; an~ 3.16.2.1.2.1.8. The following wellfields withdraw groundwater from the ~wer T~a~ aquifer: A. The East Golden Gate Wellfield; B. The Coast~ Ridge (Goodlette Road) Wellfield; C. The Collier County Utilities Wellfield; ~ D~ The Ai~o~ Water Treatment Plant Wellfield of the ~ok~ee Water ~d Sewer District wellfields; ~E~ The C~son Road Water Treatment Pl~t Wellfield of the ~okalee Water and Sewer District wellfields; ~d ~ F~ The Or,ge Tree ~ Wellfield. 3.16.2.1.2.1.~.~ The Main Water Treatment Plant Wellfield of the ~ok~ee Water and Sewer District wellfields withdraws groundwater from the Lower Ta~ and the S~dstone Aquifers. 3.16.2.1.2.1~. ~ Av~lable data indicate that: A. The water table aquifer is unconfined across all of geographic Collier County, and receives its rech~ge directly from infiltration from the l~d surface. B. The Ta~ confining beds, where present, act in a se~-confining m~ner (Missimer ~d Associates, 1990). 98 Words s'cuck t~zough are deleted, words underlined are added In some areas of Collier County, the semi-confining beds are absent (Knapp et al., 1986, figure 19). The stratigraphic zone containing the semi-confining beds varies from a thickness of zero feet to approximately 50 feet within [the] county (Knapp et al., 1986). In some areas of Collier County where regional data indicate a thick section of semi-confining beds (Knapp et al., 1986), local information shows a substantially thinner section of the same (e.g., Missimer and Associates, 1990; and Alamo/Saxema, 1990). Well completion reports citing well completion depths for (i) private potable water supply wells, (ii) public water supply wellfields, and (iii) consumptive water use permits indicate that more than 80 percent of persons in geographical Collier County derive their potable water from the water table and Lower Tamiami aquifers (SFWMD and department files). Hydrograph data from South Florida Water Management District (SFWMD) monitoring wells completed in the water table aquifer and in the Lower Tamiami aquifer indicate that in some areas of Collier County, there is essentially unrestricted hydraulic connection between the two aquifers (e.g., Wells C-976 and C-977, United States Geological Survey Data Reports Well Years 1988-1989) or only partially restricted hydraulic connections (e.g., Wells C-953 and C-951, id.). 3.16.2.1.2.1.11.-l-g SFWMD technical assistance information includes a finding that "[d]ue to the leaky nature of the Tamiami confining beds.., there is presently not enough data to conclude that these confining beds could protect the aquifer from surface contamination. Therefore, land use decisions should be geared towards restricting hazardous chemicals or industries from the immediate areas where the Lower Tamiami is being used as a source of drinking water supply." (Water Resources Data and Related Technical Information to Assist Local Government Planning in Collier County, SFWMD, 1987, p. Co-C-5.) 3.16.2.1.2.1.12.4-3 The risk of contamination of groundwater and existing and future wellfields in geographical Collier County will be reduced by regulating the development, land use, and activity within Collier County and ensuring that state groundwater quality standards are implemented. 3.16.2.1.2.2.1. Withdrawing from the water table aquifer: B. The Everglades City Wellfield; and B. The Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield.; 3.16.2.1.2.2.2. Withdrawing from the Lower Ta~a~ aquifer: E. The East Golden Gate Wellfield; F. The Coastal Ridge (Goodlette Road) Wellfield; G. The Collier County Utilities Wellfield; ~ D~ The Or, ge Tree ~ Wellfield. 99 Words str'-'-ck t?cm:gh are deleted, words underlined are added g-:. E_ The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and G:.F_ The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields. 3.16.2.1.2.2.3. Withdrawing from the surficial and intermediate aquifer systems: A. The Main Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields. 3.16.2.4.1.1. 3.16.2.4.1.2. 3.16.2.4.1.3. 3.16.2.4.1.4. 3.16.2.4.1.5. 3.16.2.4.1.6. 3.16.2.4.1.7. ~2 1~'") /t I L~ East Golden Gate Wellfield. Coastal Ridge (Goodlette Road) Wellfield. Collier County Utilities Wellfield. Everglades City Wellfield. Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield. The Orange Tree Glades Wellfield. Immokalee Water and Sewer [District] wellfields drilled into the Lower Tamiami aquifers and Sandstone aquifers. SUBSECTION 3.L. AMENDMENTS TO DIVISION 5.1 DECISION MAKING AND ADMINISTRATIVE BODIES Division 5.1., Decision Making and Administrative Bodies, of Ordinance 91-02, as amended, the Collier County Land Development Code, is hereby amended to read as follows: SUBSECTION 3.M. AMENDMENTS TO DIVISION 5.2., PLANNING COMMISSION Division 5.2., Planning Commission, of Ordinance No. 91-102, as amended, is hereby amended to read as follows: DIVISION 5.2 PLANNING COMMISSION Sec. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 100 Words struck t~_~m:gh are deleted, words underlined are added 5.2.2.1. To serve as the local planning agency (LPA), and land development regulation commission as required by F.S. §§ 163.3174 and 163.3194. 5.2.2.2. To prepare or cause to be prepared the Collier County growth management plan or element or portion thereof and to submit to the board of county commissioners an annual report recommending amendments to such plan, element or portion thereofi 5.2.2.3. To prepare or cause to be prepared the land development regulations and code to implement the Collier County growth management plan, and to submit to the board of county commissioners an annual report recommending amendments to the land development code. 5.2.2.4. To initiate, hear, consider and make recommendations to the board of county commissioners on applications for amendment to the text of the Collier County growth management plan and the land development code. 5.2.2.5. To initiate, review, hear and make recommendations to the board of county commissioners on applications for amendment to the future land use map of the Collier County growth management plan or the official zoning atlas of the land development code. 5.2.2.6. To hear, consider, and make recommendations to the board of county commissioners on applications for conditional use permits. 5.2.2.7. To make its special knowledge and expertise available upon reasonable written request and authorization of the board of county commissioners to any official, department, board, commission or agency of the county, state or federal governments. 5.2.2.8. To recommend to the board of county commissioners additional or amended rules of procedure not inconsistent with this division to govern the planning commission's proceedings. 5.2.2.9. To perform those functions, powers and duties of the planning commission as set forth in chapter 67-1246, Laws of Florida, incorporated herein and by reference made a part hereof, as said chapter has been or may be amended. 5.2.2.10. To consider and take final action regarding preliminary subdivision plats processed pursuant to the provisions of division 3.2. 5.2.2.11. The school district member of the planning commission shall attend those plan. ning commission meetings at which comprehensive plan amendments and rezonings that would, if approved, increase residential density of the property that is the subject of the application being considered. SUBSECTION 3.M. AMENDMENTS TO DIVISION 5.2, PLANNING COMMISSION Division 5.2., Planning Commission, of Ordinance No. 91-102, as amended, is hereby amended to read as follows: SECTION 5.2.3 COMMISSION MEMBERSHIP 5.2.3.1. Qualifications. Members of the planning commission shall be permanent residents and qualified electors of Collier County. Although no specific experience requirements shall be necessary as a prerequisite to appointment, consideration shall be given to applicants who have experience or who have shown interest in the area of planning, zoning and related fields. Further 101 Words str--'ck t~.rc.t:g~ are deleted, words underlined are added consideration in the appointment of planning commission members shall be made so as to provide the planning commission with the needed technical, professional, business and/or administrative expertise to accomplish the duties and functions of the planning commission as set forth in this code. The appointment of all members to the planning commission shall be by resolution of the board of county commissioners. In the event that any member is no longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office, the board of county commissioners shall terminate the appointment of such person as a member of the planning commission. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. In addition, a representative of the school district appointed by the school board shall serve as a non-voting member of the planning commission unless the board of county commissioners grants voting status to the school district representative. 5.2.3.3.Initial appointments. Initial appointments to the planning commission shall be made by selection from those members and/or alternates serving on the Coastal Area planning commission and those members and/or alternates serving on the Immokalee Area planning commission immediately prior to the effective date of Ordinance 85-51. The board of county commissioners shall designate seven members from the regular members and/or alternates of the Coastal Area planning commission and two members from the regular members and/or alternates of the Immokalee Area planning commission. If, for any reason, there is an insufficient number of regular and/or alternate members from which to designate the membership of the planning commission, the board shall request and accept applications from the general public to complete the initial appointment of members to the planning commission. Initial members shall be appointed and designated pursuant to resolution of the board of county commissioners. 5.2.3.4.Reappointments. All reappointments to the planning commission shall be made so as to achieve the following geographical distribution of membership: One member: Appointed by the school district. SUBSECTION 3.N. AMENDMENTS TO DIVISION 5.13., ENVIRONMENTAL ADVISORY COUNCIL Division 5.13., Environmental Advisory Council, of Ordinance No. 91-102, as amended, is hereby amended to read as follows: DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL 5.13.2.3. The powers and duties of the EAC are as follows: (14) 102 Words struck t~zeugh are deleted, words underlined are added SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.3. DEFINITIONS Division 6.3. Definitions, of Ordinance 91-05, as amended, thc Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3 DEFINITIONS Sec. 6.3 Alley: The A public or approved private way which affords only a secondary means of access to abutting properties and which is not intended for general traffic circulation. Sec. 6.3 Outparcel: A site for a freestanding building or buildings which is generally related to an original (parent) development tract, and is adjacent to a roadway that interrupts the frontage of another lot and is intended or withheld by the developer for development separately from the majority of the original development. The outpacel must meet the minimum development and dimensional standards of the underlying. zoning district, must provide the required number of parking spaces to accommodate the proposed use(s) and shall integrate access, landscaping, architecture and signage with the main component of the project, based upon the specific provisions of the Land Development Code and the appropriate PUD ordinance. Sec. 6.3 Passenger vehicle: A car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 6.3 Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where coruer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code,_: (1) only one full depth front yard shall be required_. ~ ~* ~; ~ '~ ~*~* h ~1 zoning districts, the full depth front y~d requirement will apply to the front y~d which has the sho~er or shortest street frontage. In ~1 zoning districts, except the E (Estates) ~oning district, the setback requirement for the rem~ning front y~d(s) cannot be reduced by more than 50 percent of the ~11 front yard setback requirement for that district, exclusive of ~g road right-of-way or road right-of-way easement. Additionally, in the Estates goning district only, the setback requirement for the remaining front y~d(s): (i) may not be reduced to less th~ 15 feet, ~d (ii) c~not include any road right-o[way or road right-of way easement within the reduced front g~d. Appendix A Wellfield Protection Zones Maps 103 Words s*w-'-ck t~cm:gk are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this 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. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE 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 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State with the exception of Division 3.15, Amendments to Adequate Public Facilities Division. The amendments to said Division 3.15 entitled Adequate Public Facilities shall not become effective until the supporting amendments to the Collier County Growth Management Plan (Ordinance Number 02-60) becomes legally effective in accordance with Subsection 163.3189(2)(a) Florida Statutes (2002). County, Florida, this PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier day of ,200__. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved As To Form And Legal Sufficiency 104 Words s~uck tkrc, ugk are deleted, words underlined are added Marjorie M. Student Assistant County Attorney words underlined are added. 105 Words :t:"-'-ck t.kz~ugh are deleted, words underlined are added ~z~. !1 ILl 0 UJ ' December 11,2002 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition LDC-2002-Cycle 2 Dear Georgia: Please advertise the above referenced notice on Monday, December 23, 2002 and kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, EIIie Hoffman, Deputy Clerk Enclosure P.O./Account # 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on WEDNESDAY, JANUARY 8, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 5:05 P.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; DIVISION 1.18, LAWS INCORPORATED HEREIN BY REFERENCE; ARITCLE 2, ZONING, DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-1 THROUGH C-5 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR A PERIOD OF SIX MONTHS; DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE III, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE V, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE VI, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION OF "ALLEY" AND THE ADDITION OF DEFINITIONS FOR "OUTPARCEL" AND "PASSENGER VEHICLES"; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board 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 Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) Ellie J. Hoffman To: SubJect: legals@naplesnews.com LDC-2002-Cycle 2 Hi Georgia, Please advertise as per the attached. Thank you. Ellie LDC-2002-02 Cycle LDC 2002-02 Cycle 2,doc 2 - ~.5 day .... Ellie J. Hoffman From: Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Wednesday, December 11,2002 12:20 PM Ellie J. Hoffman Delivered: LDC-2002-Cycle 2 LDC-2002-Cyde2 <<LDC-2002-Cycle 2>> Your message To: legals@naplesnews.com Subject: LDC-2002-Cycle 2 Sent: Wed, 11 Dec 2002 12:25:53 -0500 was delivered to the following recipient(s): legals on Wed, 11 Dec 2002 12:20:18 -0500 LDC-2002-Cycle 2 Page 1 of 1 Ellie J. Hoffman From: legals [legals@naplesnews.com] Sent: Wednesday, December 11,2002 1:46 PM To: Ellie J. Hoffman Subject: RE: LDC-2002-Cycle 2 rcvd georgia ..... Original Message ..... From: Ellie J. Hoffman [mailto:Ellie. Hoffman@clerk.collier.fl.us] Sent: Wednesday, December 11, 2002 12:26 PM To: legals@naplesnews.¢om Subject: LDC-2002-Cycle 2 Hi Georgia, Please advertise as per the attached. Thank you. Ellie <<LDC-2002-02 Cycle 2.doc>> <<LDC 2002-02 Cycle 2 - 15 day .doc>> 12/12/2002 NapLee Daily Naples, FL ~102 Affidavit of Publication Naples DaiLy News BOARD OF COUNTY COHHZSSIONERS CHER! LEFARA PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 113138312649 58576501 NOTICE OF INTENT TO State of FLorida County of Collier Before the undersigned authority, personally appeared Angels Bryant, who on oath says that she serves as Assis:ant Secretary of the Naples Daily Ne~s/ a daily newspaper published at Naples, in Collier County~ FLorida: that the 'attached copy of advertising wes published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples/ in said Collier County/ FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day end has been entered as second class ~aiL laatter at the post office in Naples, in said Collier County, FLorida/ for a period of 1 year next preceding the first publication of the attached copy of advertiseaent; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 12/2~ AD SPACE: 209.000 INCH FILED ON: 12/23/02 , -~- ''_1~. C~'~ ~1 Em iomlllml T~I, NoPle: Florlcla, ~ ~ c wll~ c~l~ ~e ~- me~ ~ a ~ ~dl- ~nce. The m~ng will ~mmence ~ 5~ P.~. The ~e ~ ~ pr~ AN ~DINANCE A~ENDING ORDI- NAN~ NU~B~ ~1-10[ AS A~NDED. THE COLLI~ COUNTY ~ND D~L~ENT COD~ WHI~ IN- CLUDES THE CO~RE- HENSIVE ~ND D~EL- OP~ENT REGULA- TIONS FOR ~E UNIN- CORPO~TED AREA OF COLLIER COUNTY, FLORIDA, BY ~OVID- lNG FOR: ~ION ONE, RECITAl; SEC- TION ~O~ FINDINGS OF FA~: ~ION ~END~NT5 TO T~] ~ND DEVELOPMENT CODE, ~RE ~ECIFI-I ~LLY ~ENDINGI. THE F~LOWING: ~TI-I C~ 1. GENERAL PRO-J VISIONS, DIVISION 1.~,~ ENFORC~ENT; D~I-I SION 1.18, ~W5 INCOR-I P~ATED HEREIN BYI REFEREe; ~ITCLEI ~ ZONING; DNISIONI [~ ZO~NG DIS-/ ~1~5, ~R~I~D/ U~S, CONDITIONAM USES, DI~ENSIONALI STANDARDS INCLUD-I lNG REVISIONS TO THE' C-1 THROUGH C-5 ZON- ING DISTRI~S LIST OF P~I~ED AND CON- DITIONAL U~S, GEN- ERAL REQUIREMENTS: FOR "PUD" DIS~ICTS~ AND IN~UDING THE EXTENSION OF THE VANDERBILT B~CH RESIDENTIAL TOURIST ZONING DISTRI~ IN- TERI~ D~LOP~ENT CONTROLS {~ORATOR- IU~) FOR A PERIOD OF ~EL~ ~ONTHS; DIVISION ~, SUP~E- ~NTAL DIS~ICT REGU~TIONS; DIVI. SION [7, ZONING AD- ~INIS~ATION AND PROCEDURES; ARTI. CLE III, ~OP- ~ENT REGU~ONS DIVISION 3.2, SUBDIVI. SIONS' DIVISION 3.3 SI~ ' D~LOP~EN~ PLANS; DIVISION 3.4, EXPLOSI~S' DIVISION 3.~, ~GET~TION RE- ~OVAL, PROTECTION AND PRESERVATION' DIVISION ~13, COAST~ AL CONS~UCTION ~TBACK LINE VARI. ANCE; D~ISION ~GUA~ PU~ 3~ ClLITIES; DIVISION 3.1~ GROUNDWA~ ~O- ~ION I~UDING ~END~ENTS TO THE TEXT OF EXHIBIT A THEREOF ENTITLED ~LLFIELD PROTEC. TION ZONE ~P RIES; ~TI~E V/ ~CI. SION-~KING AND AD. ~INISTRATIVE ~DIES] DIVISION 5.2, P~NNIN~ CO~I~ION: DNISIONI 5.1[, . ENVI~N~NTA~ ADVI~Y - "~CIL;~ ARTIER ~,. DEFINI-I[ TIONS, DIV~ION ~' D~INITIONS, IN~UD~I lNG BUT ~T LI~I~D~ TO ~END~ENT5 TO THE DEFINITION "~LE~~ AND THE DITION OF ~DEFINI- TIONS FOR ~U~AR- CE~" AND ER YARD TION FOUR AND SE~ION SION iN ~E COUN~ ~ OP~ENT ~DE; AND 5E~ION SIX, EFFEC- TIVE DATE. Co~les of the Ordinance are on with the Clerk to the Board and are available for inspection. All Inter. ested parties are Inv to attend and be hoar~. NOTE: All persons wish. lng to speak on agenda Item must tar with the mlnls'n-ator prior sentatlon of the Item to be addressed, Individual speakers will be limited to 5 minutes on any ffem. The selec- tlon of an Individual to speak on behalf Bt an or. ganlzatlon or encouraged. nlzed by the a spoKesl~erson for group Or may be allottecl 10 min. to speak on an Persons wishing to have written or graphic terlals Included in Board agenda must submit said al a minimum of weeks prior te the spectlve public hear ng In any case, written ma. terlals Intended to he considered by the I~oard shall be submitted ta appropriate ~ a minimum at days prior to the public hearing. All material used In presentations i~e. fore the Board will be. come a permanent of the record. Any person who decides to appeal a decision the Board will need cord of the proceedings pertaining thereto ancl tt~eretore, may need ta ensure Mat a ver'oattm recoea of the orecee~. Ing$ IS mode, wfliC~l re- cord Includes the I~11. mon¥ ami evidence upon which the appeal Is based. BOARD OF' COUNTY COMMISSIONERS COLLIER COUNTY, F'LORIDA ' JAMES N. CHAIRMAN 'DWIGHT E. · BROCK CLERK /s/Eille Hoffman 'Clerk ORDINANCE NO. 03- 01 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND DEVELOPMENT 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: ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.9, ENFORCEMENT; ARTICLE 2, ZONING, DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS INCLUDING REVISIONS TO THE C-I THROUGH C-4 ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, GENERAL REQUIREMENTS FOR "PUD" DISTRICTS AND INCLUDING THE EXTENSION OF THE VANDERBILT BEACH RESIDENTIAL TOURIST ZONING DISTRICT INTERIM DEVELOPMENT CONTROLS (MORATORIUM); DIVISION 2.6, SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DEVELOPMENT REGULATIONS, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.4, EXPLOSIVES; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, ADEQUATE PUBLIC FACILITIES; DIVISION 3.16, GROUNDWATER PROTECTION INCLUDING AMENDMENTS TO EXHIBIT A THEREOF ENTITLED WELLFIELD PROTECTION ZONE MAP SERIES; ARTICLE 5, DECISION-MAKING AND ADMINISTRATIVE BODIES, DIVISION 5.2, PLANNING COMMISSION; DIVISION 5.13, ENVIRONMENTAL ADVISORY COUNCIL; ARTICLE 6, DEFINITIONS, DIVISION 6.3, DEFINITIONS, INCLUDING BUT NOT LIMITED TO AMENDMENTS TO THE DEFINITION DEFINITIONS VEHICLES," CONFLICT INCLUSION DEVELOPMENT DATES. OF "ALLEY" AND THE ADDITION OF FOR "OUTPARCEL," "PASSENGER AND "YARD-FRONT"; SECTION FOUR, AND SEVERABILITY; SECTION FIVE, IN THE COLLIER COUNTY LAND CODE; AND SECTION SIX, EFFECTIVE WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the second amendment to the LDC, Ordinance 91-102, for the calendar year 2002; and 1 Words :~mck a~eugk are deleted, words underlined are added WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 11, 2002, and January 8, 2003~ and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and 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. 2 Words :~,:ck ~c,~ug~ are deleted, words underlined are added 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1Xa), 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, 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. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.9., ENFORCEMENT Division 1.9, Enforcement, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.9 ENFORCEMENT Sec. 1.9.9. Notice and appeal. 3 Words s~"ack ~.rc, ug~ are deleted, words underlined are added All administrative decisions authorized by this code for a pending violation of the code concerning a stop work order, or the issuance, revocation, or suspension, ar stop ~,~ ..... '~ dy .,A.-~:~:~ ~^ of building permits, certificates of occupancy, development orders, development permits, or development approvals, whatsoever, shall be reduced to writing and ~h~, ~,~ ~,..~ :~ r~42g'~t,;nl .... 1'* .... *:~ sent by registered mail~ return receipt requested, to the official holder of the affected development approval or permit applicant. Administrative t}decisions of the county manager, or authorized official, may not be appealed to the board of county commissioners, board of zoning appeals, code enforcement board, or building board of adjustments and appeals, except as may be otherwise authorized by this Code or by other regulation adopted by reference as a part of this code ,,o may ,,,~ ,-vv,--~, ...... SUBSECTION 3.B AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Division 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Sec. 2.2.2. Rural agricultural district (A). 2.2.2.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses, in the rural agricultural district (A). 2.2.2.2.1. Permitted uses. 10. Schools, public. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. 10. Schools, pub!:,e and private. Sec. 2.2.3. Estates district (E). 2.2.3.2. Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses in the estates district (E): 2.2.3.2.1. Permitted uses. Schools, public. 4 Words :',.-ack ~-eug~ are deleted, words underlined are added 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 2.2.3.4.3. 1. Minimum yard requirements. Frontyard. 75 feet, except in the case of.' Coonforming comer lots, in which case only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Non-conforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of fifteen percent of the depth of the lot, as measured from edge of the right-of-way. The non-conforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. Sec. 2.2.4. Residential single-family districts (RSF). 2.2.4.2. The following uses are permitted as a right or as uses accessory to permitted uses, in the residential single-family districts (RSF). 2.2. 4. 2.1. Permitted uses. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). 2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the residential single-family districts (RSF), subject to the standards and procedures established in division 2.7.4. 5 Words st.mc~ ~trzugl, are deleted, words underlined are added Schools, public (RSF-1, 2, and 4 zoning districts only, effective only through January_ 30, 2004) and private. Sec. 2.2.12. Commercial professional and general office district. (C-l). 2.2.12.2. Permitted uses. The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the C-1 commercial professional and general office district. 2.2.12.2.1. Permitted uses. 18. Real estate (groups 6531--6552__~). 22. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. Sec. 2.2.13. Commercial convenience district (C-2). 2.2.13.2. Permitted uses. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the C-2 commercial convenience district. 2.2.13.3. Permitted uses. , * 16. Personal services -':*~' ~ onn ....... e~, ~, ~ .... c ..... ~ ....... :~ .h,~ ~-:~:~ ~*-,-'* .... (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 17. 17 ....United States Postal Service (4311 except major distribution center). 18.19. Veterinary services (0742 excluding outside kenneling). 6 Words ~o-.~v .~. ..... ~, .......... o-. are deleted, words underlined are added 1_29.20. Videotape rental with 1,800 square feet or less of gross floor area in the principal ~_structure (7841). Sec. 2.2.14. Commercial intermediate district (C-3). 2.2.14.2. Permitted uses. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses in the commercial intermediate district (C-3). 17. 20. Museums and art galleries (8412),,~'*, ~--,,.-~" ~:~.,~o c,n!y. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only, "'~'~,,.,.. '~'~,,..,., 7291, 7299~ babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 2.2.14.3. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in division 2.7.4. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). Homeless shelters, as defined by this Code. Hospitals (groups 8062--8069). Justice, public order and safety (groups 9211, 9222, 9224, 9229). Social services (8322--8399). Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; 28. 6_$. 7_6. 82. 9_g. 7 Words ..........e,- are deleted, words underlined are added 10.9. 11.443. 12.11. 14.4-3. 15.-1-4= 16.-1-5. d. Residential dwelling units are located above principal uses; eo Residential and commercial uses do not occupy the same floor of a building; The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two- bedroom, 650 square feet; three-bedroom, 900 square feet; The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; jo A minimum of 30 percent of the mixed-use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); ko The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. Motion picture theaters, except drive-in (7832). Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. Permitted use with less than 700 square feet gross floor area in the principal structure. Soup kitchens, as defined by this Code. Vocational schools (8243--8299). Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. Sec. 2.2.15. General commercial district (C-4). * 8 Words st"ack t?~c, ag~ are deleted, words underlined are added 2.2.15.2. Permitted uses. The following uses, as identified within the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right or as uses accessory to permitted uses in the general commercial district (C-4). 2.2.15.2.1. Permitted uses. 13. 14. Food stores (groups 5411--5499). 17.15. 20.-1-8. 21.-1-9. 22.20. 23.21. 24.2-:3. 25.23. 26.24. 27.25. , 2.2.1.6.2.1. General merchandise stores (5311). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092-- 8099). Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). Real estate (group 6512). Social services (groups 8322--8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243--8299). Permitted uses. Barber shops (group 7241). 9 ............. ~. are deleted, words underlined are added Sec. 2.2.20. 2.2.20.1 2.2.20.2 2.2.20.2.1 Planned Unit development district (PUD). Purpose and intent. The purpose and intent of establishing the planned unit development district (PUD) is to provide procedures and standards to encourage mixed use planned developments that may be ~ situated at appropriate locations, or planned developments that may or may not be mixed use in the urban fringe areas, all in accordance with the planning and development objectives of the county under the code and growth management plan. It is further the purpose and intent of these PUD regulations to encourage ingenuity, innovation and imagination in the planning, design, and development or redevelopment of relatively large tracts of land under unified ownership or control. PUDs produced in compliance with the terms and provisions of this code and the growth management plan may depart from the strict application of setback, height, and minimum lot requirements of conventional zoning districts while maintaining minimum standards by which flexibility may be accomplished, and while protecting the public interest, ~c, that in order to: Provide A a more creative, economical approach ~ to improve the quality of the built environment ~'~-,,- ,~-,--,~'-'v.-',,-~ '~ .... ~ ..... ~ of contiguous tracts of land which will and tv, encourage development of ~ infill parcels of contiguous tracts of land in certain circumstances. Gr-eate A _a more desirable environment providing for consistency and visual harmony may k,,,~ ....... ,,,,v-,-.v-o-,,--~:~'~'~ than that which would be possible through strict application of the minimum requirements of this ~ code. Encourage patterns of land use that support economical provisions of infrastructure ~ ......... j ....................... j, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs. Evaluate :l:the impact of a particular PUD on the present and projected population, economy, land use pattern, tax base, street system, and public facility networks(s) of the county .,-nay be car¢Sal!y evaluated relative to the various costs and benefits '*'~* .... ~-~ associated with such development. Assure that ri:the development employs techniques featuring amenities and excellence in the form of variations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved. Exceptions to variations in siting, mixed land uses and/or varied dwelling types may be granted on PUD infill development. General. Relation of planned unit development regulations to the growth management plan, zoning, subdivision, or other applicable regulations. All applications for PUDs shall be in full compliance with the future land use element and the goals, objectives, and policies of all elements of the growth management plan. Proposed PUD developments shall demonstrate consistency with "Smart Growth" principles as adopted in the most recent policy guide on smart growth by the American Planning Association (APA). All development regulations, including overlay districts or special development standards for specific land use types, or the like, supplemental regulations and other applicable provisions of all county 10 Words ~'-'~' .k ..... ~, ......... e,-- are deleted, words underlined are added ordinances such as but not limited to, all provisions of the Collier County land development code, as may be amended, shall apply unless specifically modified by the approved PUD document and PUD master plan. Where the application for a PUD proposes to modify any of the regulations set forth in the land development code, the application, the PUD document and the PUD master plan shall specifically identify the code section number, the specific regulation and the proposed modification to such regulation, in a standard format established by the planning services director. An applicant for a PUD rezoning shall indicate on the official PUD rezoning application and within the PUD document the code section numbers, the specific regulation and the proposed modification to such regulation, in a standard format established by the planning services director. PUD site development plans and final plats shall be in compliance with all applicable regulations in force at the time of their approval. 2.2.20.2.3. Planned unit development districts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. 2.2.20.2.--3.4__~. Unified control. All land included for purposes of rezoning to a d ..... v .................... PUD zoning district shall be owned or under the · '~:~-~*:---- whether that control of the applicant for suc~ zc, n:ng .... , ........ , applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The applicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that if he proceeds with the proposed development, he will: Notify the planning services department in writing of any change in ownership, control and/or name of the development. -1-.2. Do so in accordance with: a. The PUD master plan of development officially adopted for the district; b. Regulations and development standards as set forth in the PUD document and PUD master plan; c. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and d. The Collier County growth management plan~ and land development code. 11 Words :~,:ck ~:eugh are deleted, words underlined are added 2.2.20.2.-4.5_~. 2.2.20.2.-5.6_~. 2.2.20.2.6.~. Provide written agreements, contracts, deed restrictions, or sureties acceptable to the county for completion of the undertaking in accord with the adopted PUD master plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and 3.4_. Bind his successors in title to any commitments made under section 2.2.20. Minimum area required. The minimum area required for a PUD shall be ten contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban fringe areas as designated on the future land use map of the growth management plan where no minimum acreage requirements must be met. For infill parcels, as defined in article 6 and the growth management plan, the minimum area required for a PUD shall be two contiguous acres. For purposes of the planned unit development district only, the term "contiguous" shall include properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five acres. Development planning - External relationships. Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property. The PUD shall provide protection of the development from potentially adverse surrounding influences and protection of the surrounding area from potentially adverse influences generated by or within the PUD. Such protection shall include, but is not limited to, adequate buffering and screening as follows: fences, walls, or vegetative screening at the boundaries of PUD districts shall be provided at a minimum, in accordance with the landscaping/buffering requirements of division 2.4 to protect residents from undesirable views, lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. In all cases, screening shall at a minimum, be designated to protect existing or potential first-floor residential occupant window levels. Off-street parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened. Development planning- Internal relationships. The development plan for a PUD district shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features. 2.2.20.3 Development standards. In addition to all general provisions and procedures established in section 2.2.20.2, the following specific requirements, limitations and standards shall apply to all PUD districts except that section 2.2.20.3.1 shall not apply when there is no residential component within the PUD and section 2.2.29.3.1 2.2.20.4.5. shall not apply when there is no industrial component in the PUD. 12 Words :~'ack ,,~cug:. are deleted, words underlined are added ~4 k ~--~- ....a .... / .......... - us ................... o ct of l.. 13 Words s+w,:ck '}:C1~}~ are deleted, words underlined are added 'T', ,,..-, ......... .-1 .... 11; ..... 2.2.20.3.11. Streets, drives, parking and service areas. Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles and shall be otherwise consistent with the Collier County Functional Classification and Future Roadway Plans, as may be amended from time to time. Streets shall not be s_0.o laid out and constructed so as not to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district. In addition, all major arteries as shown on the master plan of development shall be limited access facilities and the only vehicular access thereto shall be public streets unless otherwise provided for within the approved PUD master plan. Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the transportation services department director that an interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. .......... -' ..... + +'-~+ +"~ Iinterconnection of local streets shall be designed to discourage through traffic, and not adversely impact local streets in the neighboring residential areas. Where streets within the district intersect adjoining streets, a visibility triangle shall be maintained. 2.2.20.3.12. Signs, limitations. Signs shall be in accordance with division 2.5. 2.2.20.4. PUD districts: The purpose and intent of establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within this code. The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within this code and to establish appropriate uses and performance standards within this PUD, which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document as follows: 14 W,,~a~ ,.,,-..~,- +u ..... u ~.,. deleted, words underlined are added 2.2.20.4.1. Residential planned unit development district. This district is intended to further the general purpose of a planned unit development district set forth in section 2.2.20 as it relates to residential areas. The principal use of any residential planned unit development is for human habitation in permanent and/or seasonal year-round dwelling units. The RPUD district shall be construed to include the following zoning districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, AND MI1. 2.2.20.4.2. Communit~ facilities planned unit development district. This district is intended to accommodate public facilities, institutional uses, open space uses, recreational uses, water-related or dependent uses, and other governmental, religious and community service activities which complement and are necessary to serve other zoning districts. 2.2.20.4.3. Commercial planned unit development district. This district shall be construed to include the following districts: C-I, C-2, C-3, C-4, C-5 and TTRVC. Accessory uses which may be permitted in the commercial planned unit development district include permanent and/or seasonal human habitation in multiple-family buildings and townhouses, transient housing in hotel or motel rooms, health care facilities, and other limited institutional uses. 2.2.20.4.4. Industrial planned unit development district. This district is intended to accommodate industrial development. The principal use of any industrial planned unit development is the manufacture of goods, materials and the storage/wholesale distribution of such goods or materials. 2.2.20.2.12. 2.2.20.4.5. Special requirements for industrial planned unit developments. Industrial PUDs are intended to implement the industrial under criteria subdistrict as provided for in urban designated areas on the future land use map. The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with nonindustrial uses. The project must have direct access to an arterial or collector level street or higher designation roadway, with an internal circulation system that prohibits industrial traffic from traveling though predominantly residential areas. The PUD must have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses. Minimum development standards shall be as described within this section, Special requirements for industrial planned unit developments. In industrial PUDs, no building or structure, or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than as described below. 1. Permitted principal uses and structures. a. Corporate headquarters. b. Laboratories. c. Light manufacturing, processing and packaging. d. Medical laboratories, clinics, treatment facilities and research and rehabilitative centers. e. Printing, lithographing and publishing. f. Technological research, design and product development. 2. Permitted accessory uses and structures. Accessory uses and structures customarily associated with the uses permitted in this district. 15 Words struc~ ~.:rzug:. are deleted, words underlined are added b. Recreational facilities such as a health spa, handball courts courses, ~'~ ~.~w ........ or other similar recreational activities. Restaurants, or offices available for use by the public or by employees of businesses located within the permitted and accessory use buildings. d. Child care centers. e. Wholesale and storage as accessory to the principal use. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than ten percent of the gross floor area of the permitted principal stricture. Development standards. Minimum PUD area. Ten acres, except that a PUD less than ten acres but not less than two acres in size may be considered if it meets the requirements for infill parcels in this Code and the growth management plan and is compatible with surrounding land uses. b. Minimum lot area. One acre. c. Minimum lot width. 150 feet. d. Minimum yard requirements. (1.) Frontyard: 50 feet. (2.) Side yard: 20 feet, except when abutting residentially zoned property then 50 feet. (3.) Rear yard: 50 feet. e. Maximum height of structures. 65 feet, except when abutting residentially zoned property then 35 feet. f. Landscape buffer areas. As required in division 2.4. g. Fence requirements. When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel. Outside storage or displ~.. No outside storage or display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building. i. Usable open space requirements. 30 percent of the gross PUD area. Performance standards. Environmental controls, sound- proofing, lighting and emission controls shall be required to mitigate impacts of the development on surrounding residential property. 2.2.20.4.6. Airport operations planned unit development district (AOPUD) This district is intended to accommodate and regulate those lands on which public airports and ancillary facilities are to be located. 2.2.20.4.7. Mixed use planned unit development district (MPUD) This district is intended to accommodate a planned unit development with more than one 16 Words :~mck ¢~c. ugk are deleted, words underlined are added type of PUD district. The PUD document shall define the mixture of PUD districts as Set forth in this section. 2.2.20.4.7.1. Special requirements for mixed use planned unit developments containing commercial component. When a r-esident4at mixed use PUD containing a commercial tract or increment is located outside of an activity center, and is intended as a neighborhood village center offering personal services, offices and convenience goods for residents of the PUD, as provided for in the PUD Neighborhood Village Center subdistrict of the Future Land Use Element of the growth management plan, the following list of uses, regulations, development standards, and design guidelines shall apply. 2.2.20.4.8. Research and technology park planned unit development district. This district is intended to accommodate a planned unit development with a mixture of targeted industry uses - aviation/aerospace, health technology industry, information technology industry_, and light, low environmental impact manufacturing industry and non-industrial uses, in accordance as set forth in this section 2.2.20.2.2.1 of this code and the growth management plan research and technology park subdistrict. 1. Type A - Research and technology park in the urban-mixed use district of the future land use element of the growth management plan. 2. Type B -Research and technology park in the urban commercial district of the future land use element of the growth management plan. 4. Type C - Research and technology park in the urban industrial district of the future land use element of the growth management plan. At a minimum, 60 percent of the total park net acreage shall be devoted to target industry uses as defined in section 2.2.20.5.1 of this code, use regulations table. Non-target industries, as defined in section 2.2.20.5.1 of this code, use regulations table, and workforce housing, shall be permitted to include up to 20 percent of the total park net acreage. Access to arterial and collector road systems shall be in accordance with the Collier County Access Management Policy and consistent with objective 7 and policy 7.1 of the transportation element of the growth management plan. 2.2.20.5. Use regulations table. Use regulations for research and technology park planned development districts are as follows: USE REGULATIONS FOR RESEARCH AND TECHNOLOGY PARK PLANNED LrNIT DEVELOPMENT DISTRICTS Special Notes RTPPUD Identified use Or Regulation Accessor~ uses and strueturen §2.6 P Accounting 8721,7521,7231,7241 NT Administrative offices P (2) Aircraft & Parts 3721-3728 T Aviation/Aerospace Industries ATM (automatic teller machine) P Automobile service station §2.6.28 NT Banks and financial establishments Group I 6011 - 6062 NT Group II 6081 - 6173 NT Bar or cocktail lounge Barber Shops 7241 NT Beauty Shops 7231 NT 17 Words .... ~' '~' ..... ~' ......... ~,.. are deleted, words underlined are added : Special Notes RTPPUD Identified use Or Regulation ~oats: NT Boat ramps and dockage (not marinas) §2.6.12 Boat rental §2.6.21 Boat repair and service §2.6.22 Boat sales NT Broadcast studio, commercial radio T and television Business services 7311 - 7352~ 7359-7389 NT Cable ami other pay television services T 4841 Call Center and Customer Support Activities T Car wash NT CD-ROM development T Clothing: stores, ~:eneral NT Communication ~roups 4812-4841 T Communication towers: §2.2.15.3 75 feet or less in height § 2.6.35 P More than 75 feet in heiF~ht CU Computer and data processing services, Computer related services, not elsewhere T classified Consumption on premises NT Convenience food and beveral]e store NT l)n~ care center? adult & child services PfNT Data and Information processing T Development testing and related T manufacturing Drive-through facility for any p Permitted use Dm~s, Medicine 2833-2836 T Drugstore, pharmacy 5912 NT Dwelling unit: Single-family, duplex p Two-family attached p Townhouse, multiple-family building p Educational, scientific and research T organizations Engineering 0781, 8711-8713, 8748 NT Export based laboratory research or testing T activities Fences, walls §2.6.11 P Food and beverage service, limited NT Food stores 5411-5499 NT Gasoline dispensing s~stem, special NT General Merchandise 5331-5399 NT General Contractors 1521-1542 NT Gift and souvenir shop NT Hardware store 5251 NT Health care facilities: 8011 - 8049 NT 8051 - 8099 NT Health Technolo~es T Heliport or helistop P Hobby, toy and ~ame shops NT Hotel/motel: 7011, 7021, 7041 NT Housin~ units for employees only §2.6.25 P Insurance companies 6311-6399, 6411 NT Information Technologies T Laboratories 5047, 5048, 5049, 8071, 8731, T 8734 Laundry or dry cleanin~ NT Legal Offices 8111 NT MANUFACTURING OF: 1. Electronics 3612-3699 T 2. Measuring analyzing & Controlling instruments, T 3812 - 3873 3. Novelties, jewelry, toys NT and si~s Management 8741-8743, 8748 NT Medical Laboratory g071,8072, 8092, 8093 T Membership Organization 8611-8699 NT Motion picture production studio 7812-7819 NT Multimedia activities T Parks P 18 Words .....t~ .. ..... ~' are deleted, words underlined are added Special Notes RTPPUD Identified use Or Regulation Parking lot: Accessory P Garage, public parking P Personal services 7211-7299 NT Photo finishing laboratory T Photq,japhic Studios 7221 NT Physical Fitness 7991 NT Play Ground P Printing; and publishing 2752 T Production facilities and T operations~echnolo~, based Professional Office NT Research, dcvelopmont laboratories & Technology Parks: See Note (3) 8071, 8731, 8734 P All o~hers P Residential Development including care units, P family care facilities and ~ronp care facilities Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5 S 13 NT Schools: Commercial 8243-8299 NT Security & Commodity Brokers NT 6211-6289 Self-service fuel pumps NT Sisns in accordance with Div. 2.5 §2.5 Si?~ns P Storage: Indoor only, P Studios NT Telephone communications 4813 T Travel A~ency 4724 NT TABLE 2.2.20.5.1 LEGEND: (-) NOT PERMITTED, (P) PERMITTED, (CU) CONDITIONAL USE (T) TARGET INDUSTRY [RTPPUD ONLY], (NT)NON-TARGET INDUSTRY [RTPPUD ONLY] Notes: (1) Subject to limitations for commercial uses set forth in section 2.2.13. of this code. (2) Accessory uses only (3) Subject to Ordinance 02-24 (Growth Management Plan Amendment). 2.2.20.6. Special requirements _for research and technology park planned unit development districts: 1. Minimum lot area. 20,000 square feet. Minimum lot width. 1 O0 feet except lots abutting arterial or collector roads shall have a minimum frontage width of 250 feet. 3. Minimum yard requirements: a. Front yard.' 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property, then 25 feet. c. Rear yard: 15 feet. 19 Words :°a'ack ~ug~ are deleted, words underlined are added Minimum yard requirement from any residentially zoned or used property: 25 feet. Section 2.2.36 Establishment of interim development controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) Zoning District. 2.2.36.2 2.2.36.4.1.1 ,~,: ..... a~,, ,^ ,u~ ~a a .... ~ ..... · ~^-~ tThe issuance of any development orders for certain land uses as set forth in subsection 2.2.36.4 of this code is prohibited until January 3 l, 2004. Prohibited uses. The issuance of any development order that would allow the following uses is hereby prohibited c until January 31, 2004, while the Vanderbilt Beach residential tourist zoning district area assessment is being conducted. SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.6., SUPPLEMENTAL DISTRICT REGULATIONS Division 2.6., Supplemental District Regulations, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS 2.6.9. Essential Services. Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers, which have been approved and authorized according to laws~ having appropriate jurisdiction, and governmental facilities. Essential services are allowed in any zoning district subject to the following conditions: 2.6.9.2. Conditional uses. The following uses require approval pursuant to section 2.7.5. as conditional uses: in every zoning district: electric or gas generating plants, effluent tanks, major re-pump stations, sewage treatment plants including percolation ponds, hospitals, hospices, water aeration or treatment plants, governmental facilities~ except as otherwise specified by section. 2.6.9.1 of this code; in residential, agricultural and estate zoned districts: speci,qed ~',,J ..... o,~,~,.,,-.*:^~ ,-.,,.-. '~ ~ n I'. regional parks, community parks, safety service facilities, and other similar facilities~, except as otherwise specified by section 2.6.9.1 of this code; c. in residential zoned districts: branch libraries. 20 Words .... t- a. ..... ~' are deleted, words underlined are added Sec. 2.6.30. Provisions of polling places. At the time the board of county commissioners approves a zoning request to _a planned unit development (PUD) or any other residential development involving a project of more than 100 dwelling units, or at the time the board of county commissioners approves a PUD amendment, any residential project which will have a community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the board of county commissioners. The board shall consider the recommendation of the supervisor of elections in reaching such determination. If a residential PUD or a residential project is a private development with a restricted and/or monitored entrance which limits access to residents of that development, their guests and necessary maintenance workers, a polling place may be required by the board to be provided in any community recreation/public building/public room or similar facility; however, the controlling entity of that private development may not limit the use of the polling places to the residents of that private development. Access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. SUBSECTION 3.D. AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATION AND PROCEDURES Division 2.7., Zoning Administration and Procedures of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES Sec. 2.7.2. Amendment procedures. 2.7.2.3.5. Public participation requirements for rezonings, PUD amendments, conditional uses, variances or parMng exemptions. Applicants requesting a rezoning, PUD amendment, or conditional use ~,,~-~:~ neighborhood informational approval shall conduct at least one v ..... meeting within 30 days of receipt of the county staff' s initial review and comments on the a cation ....... v.~ ~vv .................. e .......... ~ Written notice of the meeting shall be sent to all prope~y owners who are required to receive legal notification ~om the county pursuant to section 2.7.2.3.2. Notification shall also be sent to prope~y owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations shall be provided and maintained by the county, but the applicant shall bear the responsibility of insuring that all pa~ies are notified. A copy of the list of all pa~ies noticed as required above, and the date, time, and location of the meeting, shall be ~rnished to the planning se~ices depa~ment and 21 Words $*wack ~cc, ug?. are deleted, words underlined are added the office of the board of county commissioners no less than ten days prior to the scheduled date of the pub!:,z neighborhood informational meeting. The applicant shall make arrangements for the location of the meeting. The location should be reasonably convenient to those property owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The applicant shall further cause a display advertisement, one-fourth page, in type no smaller than -1-8 12 point and shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, and time of the meeting, to be placed within a newspaper of general circulation in the county at least seven ,k .... k,:,, neighborhood informational meeting. The Collier days prior to .... ~ ..... County staff planner assigned to attend the pre-application meeting, or designee, shall also attend the~,,~,,,,,-"kl:" neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the planning services department. These written commitments will be made a part of the staff report to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions of approval of any applicable development order. Any applicant requesting variance approval or parking exemption approval shall provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. W~ere :t ~'~ ~'~" a~,~,~:,~a ~,~, ,~,~: Where it has been determined that there is a property owner, functioning condominium or civic association which has made formal request of the county to be so notified, then the applicant shall provide written documentation to the planning services department indicating that such property owner or organization has also been notified concerning the extent and nature of the variance or parking exemption requested. The applicant shall provide a written account of the result of such notice and shall submit any and all written communications to the planning services department. A list of property owners, homeowner or condominium associations notified and any other written communications shall be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. 22 Words sa-ack t?cz-,:g,~. are deleted, words underlined are added 2.7.2.15. Site development plan time limits. Approved final site development plans (SDPs) shall only remain valid and in force for two years from the date of approval unless construction has commenced as specified in section 3.3.10.3 of this code. If no development I~, i.e., actual construction), has commenced within two years, measured from the date of such site development plan avvroval.__ _ the site development plan o,,,,,.'~' ,-,-v-,,~v":~ approval term expires and the SDP, is of no force or effect; however, one amendment to the SDP, may be approved, prior to the expiration date, which would allow the SDP as amended to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. O~qe-yea~ ~v+~: ...... ~,~ .... ~ ........ ~ approval. ~,.o.~..~'~: ......... ,~o~.* Once construction has commenced, the approval term will be detemined by the provisions of section-3.3.10.3, of this code. 2.7.2.16. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of six (6) months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.1. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the form of a PUD master plan of development and a PUD document. The plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following elements: 23 Words ~+--~'- +~- ..... h or,, .......... r,- ~.~ deleted, words underlined are added 2.7.3.1.1. PUD master plan. The PUD master plan shall include the following information "~ ~ .... :~.~ .~ t.~ phi lly ........................ unnecessary to gra ca illustrate the development strategy;_: The Community Character Plan For Collier County, Florida (.April 2001) should be referenced as a guide for development and redevelopment in the PUD district: Identification of all proposed tracts or increments illustrating boundaries within the PUD such as, but not limited to: residential; office and retail; commercial; industrial; institutional; conservation/preservation; lakes and/or other water management facilities; common open space; types of buffers with a cross-section for any buffer which deviates from that which is otherwise required by the land development code; the location and function of all areas proposed for dedication or to be reserved for community and/or public use; and areas proposed for recreational uses including golf courses and related facilities, and provisions for ownership, operation, and maintenance. All non-residential tract dimensions and boundaries shall be illustrated on the master plan; o Identification of all proposed and permitted land uses pursuant to section 2.2.20.4. of this code within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leaseable floor area and an outline of the proposed building footprint and an indication of the proposed building height for each structure within the individual tracts or increments. Descriptions of the relationship of the proposed land uses to each other within the PUD and to land uses abutting/surrounding the project; The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses; 8. Typical cross sections of all major, collector, and local streets, public or private, within the propz~c,d PUD; 9. The location of proposed and existing roads, rights-of-way, and pedestrian systems within 1,500 ,.,,9 feet of the proposed PUD; 11. Information on previous and recent Ofl,,e~ uses of land:; 12. Proposed vehicular ingress and egress points~ 13. Any other relevant information determined to be necessary by the planning services department director. 2.7.3.1.2. e. ..... ,,~_ ,~,,,,, PUD document. The applicant shall submit Ddata supporting and describing the application for rezoning to PUD in the form of a PUD document._ The PUD document shall be submitted in both an electronic version and printed version in a format as established by the, planning services director. The submittals shall conform to the most recent standardized format established by the planning services department director. The PUD document which shall czn~i:,t c,f contain the following information 24 Words s'wack ~.rzug.h are deleted, words underlined are added unless determined by the director to be unnecessary to describe the development strategy: General location map drawn to scale, illustrating north point and showiag relationship of the site to such external facilities as highways, shopping areas, cultural complexes and the like; 8. Boundary survey (no more than 6 months old) and legal description; 9. Proposed and permitted land uses within each tract or increment; 10. Dimensional standards for each type of land use proposed within the PUD. Dimensional standards shall be based upon an established ex4s6~ zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. All proposed variations or deviations from dimensional standards of the most similar zoning district shall be clearly identified. No deviations from the fire code will be permitted, except as otherwise allowed by that code; 12. The proposed location of all oth~ roads and pedestrian systems, with typical cross sections, which will be constructed to serve the PUD; 16. 17. The location and nature of all ether existing public facilities, such as schools, parks; and fire stations that will service the PUD --a A plan for the provision of all needed utilities to serve ~a _.:,~,: ........... n the PUD; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; 2.7.3.1.3. 21. When determined necessary to adequately assess the compatibility of proposed uses to existing or other proposed uses, thek relationship to open space, recreation facilities, or traffic impacts, or to assess requests for reductions in dimensional standards, the '~ .... ~ ..... · .... :~ planning services department director may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriat~; 22. Deviations to sections of the land development code other than to dimensional standards related to building placement such as yard requirements, lot area requirements, building height and the like, shall be identified in the PUD document by citing the specific section number of the regulation and indicating the proposed modification to such regulation Deviations from ,t,, rc~',:ircd master plan elements. The '~ planning services department director may exempt a petition from certain required elements for the PUD master plan pursuant to section 2.7.3.1.2 of this code ^s- ,~.~ m rr~ ~ ~ ~,~ ~t,~ ................. v .... when the petition contains conditions, which demonstrate that the element may be waived without a detrimental effect on the health, safety and welfare of the community. All exemptions shall be 25 Words :~.'.:k ~rc, ug?, are deleted, words underlined are added 2.7.3.2.1. noted within the PUD submittal and provided the board of county commissioners. Preapplication conference. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the -~ planning services department director and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans or programs relative to possible applicable federal or state requirements or other matters that may affect the proposed PUD. This preapplication conference should address, but not be limited to, such matters as~ 2.7.3.2.2. 2.7.3.2.3. 2.7.3.2.4. 2.7.3.2.5. Prehearing conference. A ...... ~:~,,,:^, c,,,. · .... j .-}.~,.,,...... ..... rezonlng to DIIT~ *.~o.~+k ..... :.,1 dir-eeto~. Prehearing conferences may be held between the applicant and/or his representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of such prehearing conferences shall be to assist in bringing the application for rezoning to PUD as nearly as possible into conformity with the intent of these or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. Staff review and recommendation. Based upon its evaluation of the factors set forth above, the approprSate county staff shall prepare a report containing their review findings, and a recommendation of approval or denial. Hearing before the planning commission. Public notice shall be given and a public hearing held before the planning commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to section 2.7.3.2.2. Planning commission recommendation. The planning commission shall make written findings as required in section[s] 2.7.2.5 through 2.7.2.8 and as otherwise required in this section and shall recommend to the board of county commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the planning commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in section[s] 2.7.2.5 through 2.7.2.8: 2.7.3.2.6. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Action by board of county commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to section 2.2.20.2.3. of this code, the board of county commissioners shall, upon 26 Words ~*~'~ °~' ..... [ ......... ~. are deleted, words underlined are added receipt of the planning commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the application, and PUD master plan of development and PUD document, as recommended by the planning commission to the board of county commissioners. The board of county commissioners shall either grant the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. 2.7.3.3. 2.7.3.4. Effect of planned unit development zoning. If approved by the county board of commissioners, the master plan for development, the PUD document and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the zoning code and shall become the standards for development for the subject PUD. Thenceforth, the development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not act to authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Time limits for approved 27 Words ~+~'~ +k..... ~ ......... ~' are deleted, words underlined are added ................... J .......................................... cf ~W For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in sections 2.7.3.4.1. or 2.7.3.4.2. of this code applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: 2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: Obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least five years from the date of approval by the board of county commissioners; and Receive final local development orders for at least 15 p~rcent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years from the date of approval by the board of county commissioners. Any PUD approved before October 24, 2001 that receives subsequent amendment approval shall be subject to the development criteria and time limits established for those PUDs approved on or after October 24, 2001 as outlined in section 2.7.3.4.2. of this code. 2.7.3.4.2. For PUDs approved on or after October 24, 2001 the land owner shall: For residential portions of PUDs. initiate physical development of infrastructure improvements, including access roads, internal 28 Words :~mck '~.r~.-~:~h are deleted, words underlined are added roads, sewer and water utilities and any other related infrastructure that supports a minimum of 15 percent of the designated residentiai area or areas of the PUD by the third anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every_ year thereafter until PUD buildout; and For the nonresidential portions of PUDs and commercial and industrial PUDs the owner entity shall initiate physical development of a minimum of 15 percent of authorized floor area when approved on the basis of a defined amount of floor space, by the third anniversary date of the PUD approval. In the event the floor area is not the defining intensity measure, then 25 percent of the land area to include some representative portion of the building space shall be constructed by the third anniversary of the PUD approval date. The same amount of development shall be required every year thereafter up to an amount representing 75 percent of authorized buildable area and floor area. Thereafter the PUD shall be exempt from these sunset provisions. Co If in the event of a moratorium or other action of government th~at prevents the approval of any final development order the duration of the suspension of the approval shall not be counted towards the three-year sunset provision. 2.7.3.4.3. Infrastructure improvements as required above shall be located on site and shall constitute infrastructure that makes possible vertical construction consistent with the permitted land uses. Acceleration lanes, entry road access and the like do not count towards meeting the required levels of infrastructure improvements as required above. 2.7.3.4.4. PUD sunsetting. Prior to or any time after the planning services department director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: 1. request for a PUD extension: or 2. request for PUD amendment. 2.7.3.4.5. Board of coun~ commissioners action on PUDs which have sunsetted. Upon review and consideration of the appropriate application, or the status report provided by the property owner and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no further development order applications shall be processed by the county until the PUD is officially extended. o Approve or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. 3. Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no 29 Words ......... u~,,, are deleted, words underlined are added further development order applications shall be processed by thc county until the PUD is officially amended. If the owner fails to submit an amended application to the PUD within six months of the action of the board of county commissioners to require such a submittal, or the board denies the request to amend the PUD, then the board of county commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. 30 Words s~.:c~ ~.rc.-.:g,h are deleted, words underlined are added 2.7.3.4.6. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: Maximum extension: There shall be a maximum of two extensions. The first may be granted for a maximum of 2 years from the date of original approval. The second extension, may be granted for an additional 2 years from the date of expiration of the first extension. 2. Approval of an extension shall be based on the following: The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; and The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and pproved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. 3. An extension request shall consist of the following: a. A completed application form provided to the property owner by the county; and b. A copy of the original PUD approval ordinance; and c. A written statement describing how the criteria listed in subsection 2.7.3.4.6.2. of this code have been met; and d. A fee paid in accordance with the county fee resolution. e. Any other information the planning services director deems necessary to process and evaluate the request. 4. No more than two extensions may be granted for any development original approval date. Any PUD developer who has not commenced development pursuant to the sunsetting provisions set forth in section 2.7.3.4. of this code within ten years of the original PUD approval date shall submit a new rezoning application. 2.7.3.4.7. Retention qfexisting PUD status. Once a PUD has sunsetted the land shall retain its existing PUD zoning status, however applications for additional development orders shall not be processed until one of the following occurs. A. The board of county commissioners approves a request for extension of PUD zoning status. B. The board of county commissioners approves an amendment to the existing PUD. 31 Words s[mck ~%-zugh are deleted, words underlined are added Should the planning services department director determine that development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification pursuant to the provisions for time limits for approved PUDs. In the case of developments of regional impact, PUD time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. 2.7.3.5. Changes and amendments. 2.7.3.5.2. Procedure for substantial/insubstantial change determination. The applicant shall provide the development r, cp,'ices planning services department director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the devclc, pment ~cr-,':~cc~ planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. 2.7.3.5.6. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. 32 Words ...... t?.re, ug?. are deleted, words underlined are added 2.7.3.6. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reeonfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the '~ .... ~ .....~ ~"'~' ~ pi i di ...... v ............... anning serv ces department rector's consideration for approval. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land will not be exceeded and that development commitments will be fulfilled, annual monitoring reports shall be submitted by the developer/owner or authorized agent of a PUD to the '~ .... ~ ..... * .............. or. planning services department director . The monitoring report shall be submitted annually, on each anniversary of the date said PUD was approved by the board until the PUD is completely constructed and all commitments in the PUD document/master plan are met. The monitoring report shall provide the following information: 2.7.3.6.1. Other information as may be required by the ~ planning services department director. Change of ownership. A change in ownership shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the site ...... v .................... or planning services department director, shall automatically transfer responsibility for filing the annual monitoring report. 2.7.3.8. 2.7.3.9. Interpretations of PUD documents. services department director shall document and PUD master plan. The ...... v ............... anning be authorized to interpret the PUD AppBcabiH~. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in section 2.7.3. of this code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to subsection 2.7.3.4. of this code. :to :lc , , , , Sec. 2.7.5. * 2.7.5.1.1. Variance procedures. Types of variances authorized A variance is authorized for any dimensional development standard, including the following height~ area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. 33 Words o,~,~t, o~ ..... t, ......... e~- are deleted, words underlined are added SUBSECTION 3.F. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS Division 3.2, Subdivisions, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2 SUBDIVISIONS Sec. 3.2.4. Exemptions. 3.2.4.8. Lot line adjustment/reconfiguration. An adjustment of a lot line between contiguous lots or parcels which may be platted or unplatted and which are under separate ownership or the same ownership shall be exempt from this division if all of the following conditions are met in a written request to the ~eve!opment :erv:,ce~engineering review director: 3.2.4.8.1 It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels .... ~; .... l~,~,:~l ~1~ ..... l~ll ~^, ..... ,4 .!~ 3.2.4.8.3. Instrument(s) evidencing the lot line adjustment shall be filed in the official records of Collier County, Florida, upon approval, and shall indicate that the result of the lot line adjustment will meet the standards of, and conforms to, the requirements of this code, including the dimensional requirements of the zoning district and the subdivision in which the lots are located. However, in cases of an existing nonconforming lot of record, the adjustment shall not increase the nonconformity of the lot; and Sec. 3.2.6. Subdivision review procedures. 3.2.6.4.8 Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 36 18 months from the date of recording of the final subdivision plat, or, if construction of required improvements is undertaken prior to recording the final subdivision plat, within 35 18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision performance security has been submitted, the,~,~.,~.,~v..,~,.~,4 .... ~ ..... * o~. ..... ,,,,,,~:~ engineering review director may recommend to the board that it draw upon the subdivision performance security or otherwise cause the subdivision performance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one-year extension to receive final acceptance of the improvements. 3.2.6.5.1. General. The required improvements constructed under the policies, procedures, guidelines, and requirements established in this division shall 34 Words ~'-'~ a. ..... u ......... e,- are deleted, words underlined are added be approved and accepted by the board of county commissioners as prescribed in this section 3.2.6.5. All applicable completed water and sewer facilities shall simultaneously be conveyed to Collier County, or to Collier County Water-Sewer District or its dependent water-sewer districts, where appropriate, or the appropriate water-sewer district in conformance with the provisions of Collier County Ordinance No. 88-76 [Code ch. 134, art. III], as amended. All roadway improvements intended to be turned over to Collier County for operation and maintenance shall provide a checklist for public road acceptance, along with all required information, prior to any such acceptance. This section 3.2.6.5 describes the policies, procedures and data required to obtain approval and acceptance of all required improvements constructed. 3.2.6.5.8 Conditional final acceptance. At the discretion of the engineering review director, a developer may apply for a conditional final acceptance. The conditional final acceptance may occur when the required subdivision improvements, with the exception of the final lift of asphalt, and in certain cases, portions of the sidewalk(s) have received a satisfactory final inspection. The developer shall provide a performance security in the amount of 150 percent of the estimated cost of the remaining improvements. Additionally, the developer shall provide a letter to the engineering review director, which confirms the developer's intent to complete all of the remaining improvements within a 12 month time period. Additional one year extensions may be approved by the engineering review director. Sec. 3.2.8. Improvement plans. 3.2.8.2. Improvement plans submission requirements. The improvement plans shall be prepared on 24-inch by 36-inch sheets and as well as being digitally created on one or more CDROM disks. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida east projection, and a north american datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of -----0.5 feet. Files shall be in a digital exchange file (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). All plans shall tie into the public lands survey system (PLSS) grid which shall be provided by the Collier County GIS department on CDROM disk or from an on-line electronic download. In addition, all improvement plans shall, at a minimum include, but not be limited to: 3.2.8.3.14. PolBngplaces. Any residential development or subdivision which will have a clubhouse, community recreation/public building/public room or similar facility common , .............. 7 ......~ ................ o purpo~e~ on . shall be required to provide polling places in said community recreatioffpublic buildin~public room if a polling place is detemined to be necessary by the supemisor of elections. Access to the polling place shall be provided to all individuals a~iving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results. 35 Words :~-ack ~.roug,~ are deleted, words underlined are added SUBSECTION 3.6. AMENDMENTS TO DIVISION 3.3, SITE DEVELOPMENT PLANS Division 3.3, Site Development Plans, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DMSION 3.3 SITE DEVELOPMENT PLANS Sec. 3.3.7. Site development plan review (SDP) procedures. A pre-application meeting shall be conducted by the planning services director, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the planning services director upon the w6t~ request of the applicant. 3.3.7.1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: 3.3.7.1.1 Ownership: A copy of the .recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale: and ~,14-1~ .d:'~,4.1.. +k~ .6"~I1,.,...,;~ ;..l:' .... *; ..... ~ ..... l;,-,,-.l-,I,~. A. The following information shall be set forth on the coversheet: The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. i d ig ti d 1~.,4 Zonng es na on an ............ +u .... ~,:~+ n,a ~a: ....· ..... of the subject prope~y. In the event that the prope~y is zoned P~ ~lanned Unit Development), the name of the P~ and the number of the ordinance approving the rezone to P~. 43. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. 54. A legal description and the property appraiser's property identification number(s)/folio number(s) for the subject property or properties. B. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: 36 Words s~.:ck ~c.~ug~ are deleted, words underlined are added A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: For residential projects, total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. ,3. g. Maximum building height allowed and proposed building height. h. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right- of-way or right-of-way easement. i. North arrow, scale, and date. A parking summary in matrix form which shall include: a. Type of use. b. Total square footage per broken down by use. c. Required parking ratio:, number of standard spaces required by use, and number provided. d. Number of loading spaces required and provided (if applicable). e. Number of spaces provided by use. The following information must be included in the SDP packet: a. Information in the Standard Building Code, type of construction, number of stories, total square footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a needed fire flow may be determined. ~ 37 Words ~,:c~ ,.'.-ct:g:. are deleted, words underlined are added bo A fire hydrant flow test report from the applicable fire district for the closest hydrant(s) to the project so that the available fire flow may be determined. Illustrative information accurately depicted..--:' ,4 .... I ..... * -~" shall be as follows unless waived at the pre- application meeting: ao A boundary survey, prepared by a professional surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights-of-way, and areas dedicated to the public. This survey shall be accompanied either by an attorney's opinion of title, or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the above information on the survey. Traffic circulation, signing and marking plan, to include outside and inside radii for all turn movements using a common pivot point for both radii at each location. Any additional relevant information as may be required by the planning services director. qr. Off-site access, roadway elevation, building and other physical features a minimum of 200 feet from the property unless otherwise determined necessary or feasible by the planning services or transportation planning director. For projects subject to the provisions of division 2.8., five-sets-of architectural drawings, signed and sealed by a licensed architect, registered in the state of Florida. a. Scaled elevation for all sides of the building; Scaled wall section from top of roof to grade depicting typical elevation with details and materials noted, and rendered to show materials and color scheme with paint chips and roof color samples; Site sections showing the relationship to adjacent structures; and d. A unified sign plan as required division 2.8. Representations made on the site development plan shall become conditions of approval. Building plans and A_architectural drawings submitted in conjunction with an application for any building permits shall be consistent with the building plans and architectural drawings submitted and approved for the SDP or SIP. 3.3.7.1.3. Digital requirements for site development plans. A site development plan shall also be digitally created on one or more CDROM disks. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida east projection, 38 Words sm:ok ~.rc, ugk are deleted, words underlined are added and a north american datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a digital exchange file (DXF) format; information layers shall have common naming conventions (i. e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). All plans shall tie into the public lands survey system (PLSS) grid, which shall be provided by the Collier County GIS department on CDROM disk or from an on-line electronic download. Sec. 3.3.8. Site improvement plan review. 3.3.8.6 Performance securities for site development plans. In the case of multi-family the developments with individually owned units which are served by subdivision type improvements, i.e. driveways which function as access roads and drainage improvements, the developer shall be required to post a performance security in a form as outlined in section 3.2.9.1.5 of this code. Calculations for the amount of the security shall be determined as outlined in division 3.2 subdivisions, of this code. The performance security shall be accepted by the county prior to the issuance of the first certificate of occupancy for the site development plan. Upon a satisfactory final inspection of the improvements, which shall be no later than 24 months from approval of the site development plan, the performance security shall be returned to the developer. One year extensions may be granted by the engineering review director. Sec. 3.3.10. Site development plan time limits for review~ approval and construction. Site development plans (SDPs), once accepted for review, will remain under review so long as a resubmittal in response to a county reviewer's comments is received within 270 days of the date on which the comments were sent to the applicant. If a response is not received within this time, the application for site development plan review will be considered withdrawn and cancelled. Further review of the project will require a new application subject to the then current code. Approved site development plans (SDPs) aha!! only remain valid and in force for two years from the date of their approval unless construction has commenced, as follows. If nc a ....~ .....,/ ...... v ........ actual construction has not commenced within two years, measured by the date of the SDP approval letter, the site development plan o.,,,~'n' ,~,~v,,~v~;'~ approval te~ expires and the SDP is of no force or effect; however. one amendment to the SDP may be approved prior to the expiration date, which would allow the SDP, as amended, to remain valid for two years measured from the date of approval of the amendment so long as the proposed amendment complies with the requirements of the then existing code. n ........... ~: ~ ......................................................... re uegt. ncc constm~ion has commenced, the approval term will be determined as follows: The construction of infrastructure improvements approved by an SDP shall be completed, and the engineer's completion certificate provided to the engineering services director, within eighteen (18) months of the pre-construction conference. i.e., commencement of construction. A single, six-month extension to complete construction may be granted for good cause shown if a written request is 39 Words :W.:ck L~-cug.h are deleted, words underlined are added submitted to, and approved by, the engineering services director prior to expiration of the then effective approval term. Thereat~er, once the SDP approval term expires the SDP is of no force or effect. SUBSECTION 3.H. AMENDMENTS TO DIVISION 3.4. EXPLOSIVES Division 3.4., Explosives, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DMSION 3.4. EXPLOSIVES Sec. 3.4.5. Permit application requirements and conditions. 3.4.5.1. General application requirements. Application for the Collier County Pola p it shall be ......... +*^ ~ 1~**~ ~ ~.~11~.1~ C~ ~-I~ ..... 1. user ster erm v .................... rr ................ v ....... signed by the user and filed with the ~ .... ~ ..... * .... :~ ~-~* engineering semices department. The application letter shall detail the purpose of the permit and shall include, but shall not be limited to, the following data and information or, where applicable, shall have such data and information submitted as an attachment. It is not the intent of this division to require an applicant who has previously obtained a State of Florida user of explosives license or explosive blaster permit to again produce original data and information (other than the originals requested in section[s] 3.4.5.1.1 through 3.4.5.1.6 below) that was supplied as pan of the application process for the state license or pemit and which original data and information is on file with ...... v ................. v .......... engineering semices department. In the event that application data or information required by this section has been previously supplied to the department of natural resources, the applicant may supply copies of such information to Collier County to ~lfill the specific data or information requirement. 3.4.5.1.7. ^ ~ a .... :~':~- Location of the site at which blasting will occur, including section, township, and range. 3.4.5.1.10. Blasting activities will not be permitted within 350 feet of any existing structures, structures under construction, or within 350 feet of public ways rights-of-way. Sec. 3.4.5.2. Blasting explosives information. 3.4.5.2.2. A full description of the following blasting information (in cases where a manufacturer, distributor or dealer who is acting as a user in conjunction with a commercial excavation and that site's representative(s) is purchasing explosives and has a user's license, it shall be the responsibility of the site's user or blaster to supply the appropriate information contained below to the development services director for review and approval prior to placement of explosives within the ground): 40 Words :~ack ~zug.h are deleted, words tmderlined are added 7~The pounds per shot when underwater "doby" detonation is performed (if such information is applicable to the blasting activity). Sec. 3.4.7. Permit application review procedures. 3.4.7.1. Upon submittal of the letter---of application to the office of the d~ engineering services directoro,~, .... ,~,~,,o:~ ,,,,,,~,,,,~:~'~ processing shall commence. 3.4.7.1.3. Pre-blast inspections. Prior to detonation of explosives a list of all pre-blast inspections performed shall be provided to the en neering ................. tnspeeOons g_services department. Pre-blast inspections are required for structures if one of the following conditions has been satisfied: If the structure is within a distance of 159 200 feet times the square root of the charge away from the blast, as illustrated by the following formula: D= 150200xW~A (Where "D" equals the distance in feet and "W" equals the weight of the charge in pounds of explosives per delay.) b. If the structure is within 299 500 feet of the blast permitted for any size charge. Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or their representative. The pre-blast survey inspection shall consist of complete documentation of all visible interior and exterior defects observed at the structure. The inspection documentation shall be prepared on eight and one-half by 11 or eight and one-half by 14 sheet(s) of paper. The date of the inspection must be indicated on the documentation. Interior and/or exterior 35 mm photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken. A list of all pre-blast surveys shall be received by the ti;engineering Plan Re, view and Inap¢ctic, ns Sservices department no later than five days prior to the planned commencement of blasting. A location map indicating the streets and structures involved Shall be submitted together with this list. 3.4.7.1.4 Pre-blast notification 1. The applicant shall provide written notification to residents who 41 Words s'a'ack ~'eug~ are deleted, words underlined are added have not received a pre-blast inspection of the pending blast at least ten days prior to the commencement of the initial blast. The notification brochure shall be mailed or placed on the front door of each individual residence within the notification radius. A list of the property owners who were notified shall be furnished to the county prior to blasting. Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 150 200 feet, plus an additional 50 percent. If blasting is suspended in an area for a period of 90 days or longer, renotification of all, residents within the radius calculated for a scaled distance of 159 200 feet plus an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting. 3.4.7.2. Within ten working days after an letter-of application has been fully completed, as determined by the development services director, or his designee, and submitted to the engineering t3eve~pm~ Sservices director, or his designee, the engineering &~flopmem services director~ or his designee, shall: 3.4.7.2.1. Approve the !citer c,f application and issue a permit with such conditions, if any, which may be deemed necessary; or Sec. 3.4.13. Restrictions for the use and handling of explosives. 3.4.13.5. Blasting permit and limits. 3.4.13.5.1 It shall be unlawful for any person, to blast, fire, detonate or use any amount of explosive within the territorial limits of the county without fist obtaining a blasting permit as hereinafter provided by this section; provided that in any event it shall be unlawful for any person to blast, fire or detonate or use any amount of explosives which would result in a resultant peak particle velocity in excess of 0.5 inches per second when measured on the ground at the nearest building or structure finished or under construction not owned by the permittee, or at a location identified by the seismologist of record and the la'"'""'~~l~i ...... ..,,....:~.,,,~o ,...'~:'~'~,,,~,,,, engineering services director, or designee. A blasting control procedure is herby established by adopting an 80 percent rule for controlling blasting in urban construction environments. If 80 percent of the allowable particle velocity is exceeded, no blasting may be undertaken until a letter, facsimile transmission, or telephone call with a follow-up letter or facsimile transmission is provided by the blasting permit applicant to the county identifying a revised blasting mythology which provides procedures that will be implemented to assure that a peak particle velOcity of 0.5 inches per second will not be exceeded. 42 Words :*~,:ck ~.rc, ug~ are deleted, words underlined are added SUBDIVISION 3.1. AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION Division 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91- 102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND RESERVATION Sec. 3.9.7. Appeal bY aggrieved oerson from., cnforcc~¢nt. Any person who feels aggrieved by the application of this division, except one who is the subject of a violation of this division that has not been lawfully abated, may file, no later than wit~:.n 30 days at~er the occurrence of the event(s) which first gave rise to said grievance and upon payment of the required fee, a written .petition with the d~qopm~ planning services director, to have the case reviewed by the board of county commissioners. The petition filed shall specifically state all relevant and material facts pertinent to the event(s) which gave rise to the grievance as well as the remedy or relief being sought on review. The planning services director, no later than 30 days at~er receipt of a sufficient petition, will prepare an appropriate written response thereto, and then schedule the case to be reviewed by the board of county commissioners at its next regularly scheduled public meeting. SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.13., COASTAL CONSTRUCTION SETBACK LINE VARIANCE Division 3.13., Coastal Construction Setback Variance of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.13 COASTAL CONSTRUCTION SETBACK LINE VARIANCE Sec. 3.13.6. Procedures for obtaining variances. 3.13.6.2 Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) 43 Words :~mck ~%-e, ug~ are deleted, words underlined are added TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. 2. The area of a property sign shall be as follows: ao For a pr0p~rty less than one acre in size, the sign shall measure at least one and one-half square feet in area. bo For a property one acre or more in size, the sign shall measure at least 32 square feet in area. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the development services director in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary_ which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners. The sign(s) shall remain in place until the date of either of the following occurrences: 1. final action is taken by the board of county commissioners or 2. the receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 44 Words g'w,:c,k ~arzug~h are deleted, words underlined are added 3.13.6.4-3 The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.--54_ Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES Division 3.15., Adequate Public Facilities, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES State law reference(s)--Concurrency, F.S. § 163.3180. Sec. 3.15.1. Short title, authority and applicability. 3.15.1.1. Short title. This division shall be known and may be cited as the "Collier County Adequate Public Facilities Or~:.nanze Regulations." Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are defined as follows: 3.15.3.3. Capital drainage facilities means the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed development to meet the level of service (LOS~ for drainage facilities. 3.15.3.5. Capital road faciBties or capital road improvement means and will g~all include transportation planning for, engineering for, right-of-way acquisition for,,~..t~.-,~,-,~'~: .... .,~:-~ .,,.*'~, and construction of any project eligible for inclusion as a road project in the road component of the Capital Improvement Element (CIE~ of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation P4a~ Work Program. 3.15.3.9. Comprehensive plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178, and shall mean the Collier County Growth 45 Words ..... t. a. ..... ~' are deleted, words underlined are added Management Plan, where referenced in this division. See, subsection 3.15.3.19. 3.15.3.10. Reserved ConstrainedfaciBties are those road facilities which have been so designated by action of the board of commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. 3.15.3.10.1 Physical constraints exist when intensive land use development is immediately adjacent to existing through lanes making road facility expansion cost prohibitive, or when a road facility has reached the maximum through lane standards acceptable to the county. For county maintained facilities, the maximum through lane standard for a road facility will be no greater than six through lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state maintained facilities, the maximum through lane standard will be as designated by the Florida Department of Transportation. 3.15.3.10.2. Environmental and poBcy constraints exist when decisions are made not to expand a road facility based on environmental, historical, archaeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to road facility expansion can change over time, as needs and community goals change. 3.15.3.11. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted level of service standard (LOS) as determined by roadway service volumes calculated by the Transportation Division administrator. +~.~.,~ .~,..~,C~'ll .... v'"'t~';~' '2 1~ '2 11 I '2 46 Words :'~.:c~ .:mug:. are deleted, words underlined are added 3.1 .... I .... 3.15.3.11.1 Roadway service volumes shall be determined based on the methodology contained in the most recent edition of the "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., the Florida Department of Transportation (FDOT) procedures and applications, and the level of service standards set forth in the Capital Improvements and Transportation Elements of the Growth Management Plan. 3 15.3.11.2. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a deficient road segment, the Transportation administrator shall consider: Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections and number of signals. 2. Capital road improvements under construction. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction before the impacts from the development or phased development accrue to the roadway system. Construction of the required capital improvement is included in or before the third year of either the state's five-year work program or the county's current five-year capital improvement schedule adopted as part of the Growth Management Plan except as otherwise provided by law. 3.15.3.13. 3.15.3.14. 3.15.3.15. Development agreement generally has the meaning contemplated in F.S. § 163.3220 et seq., except that any developer contribution agreement approved by the board of county commissioners will also meet the terms of this definition. Development has the meaning given it in F.S. § 380.04. Development order means any order, permit, determination, or action granting, denying, or granting with conditions as a__qn application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (Dill), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, tree removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD 47 Words :~,:ck ~.rot:g~ are deleted, words underlined are added amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development, as defined in this division. 3.15.3.18. Final local development order means any ,,n~:,~ ...... :~ ..... , ..... v ....for this division only, a final approved subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. 3.15.3.20. Land development regulations mean ordinances enacted by Collier County pursuant to F.S. § 163.3161 et seq., for the regulation of development, and includes any zoning, subdivision,4mpaei-f~,, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County growth management plan. LOS will be stated as ~ha!! indicate the capacity per unit of demand for each public facility. 3.15.3.21.1 Level of service calculations for roads facilities means calculations that arc v ................... 7 .......... ~ ....................... 7 .... 7 tr ..... ce ......................................... .,, .,Al ....... ; ...... +~t ........ ~11' C'~+~' for k hour traffic on a ............. ~ ........... j ~. ~ ....... j ....... pea roadway segment for maximum se~ice volumes at the adopted level of service. Peak hour is calculated as the 100th highest hour based on a 10 month period (omitting February and March) which is generally equivalent to the250th highest hour for a 12-month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.23. LOS for capital park facilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres per 1,000 persons for community park land; and $179.99 $240.00 of capital investment per capita (at current cost) for recreational facilities. 3.15.3.24 LOS for capital potable water facilities varies between public water systems and private water systems. For the Collier Ccounty W,,vater and S_sewer Ddistrict the LOS is 185 gallons per capita per day (GPCD). For the Goodland water district the LOS is 163 GPCD. For the City of Naples unincorporated service area the LOS is 163 GPCD. For the Everglades City unincorporated service area the LOS is 163 GPCD. For independent districts and private potable water systems; the LOS is the "sewage" flow design standards as identified in Policy 1.3.1 of the Potable Water Sub- Element of the Growth Management Plan as follows, except that approved private wells are exempt from these LOS requirements+._ 48 Words sm:ok ~,rzugh are deleted, words underlined are added Per 'r y~ ~..~+~, ~1,.~ o~v~7 ~u~ Add c~. 49 Words struck ~czug,h are deleted, words underlined are added 3.15.3.25. LOS for capital read facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan. varies h .... TI.,~ T t~ ..~ +1~ g'~ll .... ; ....... + ..... ,4. ; T t'~C ,~", ~eak peak hoar: 3.15.3.26. LOS for capital sanitary sewer facilities varies between public sanitary sewer systems and private sanitary sewer systems. The LOS for ~,,uu~ ........ ; ....... ; ............ ~ ....... ~ .... v"- per day~w~;,t~'ax us 21 North Sewer ~ea is 145 gallons per capita per day (gpcd). The LOS for the South Sewer ~ea is 100 gallons per capita per day (gpcd). The LOS for the City &Naples uninco~orated sewer sewice area is 121 gallons per capita per day (gpcd). The LOS for independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub-element of the Growth Management Plan, as required by the State of Florida in Chapter 10-D-6, F.A.C. These standards vary aApproved private septic systems are exempt from these LOS requirements+._ 50 Words sW'-ck t?.rm'.~L are deleted, words underlined are added w/ ....~ ................. on er per,on 25 I Per ' an .......~+ ~ ~ ~. ..... ~ .............. space 50 nl x-/ ....... , ............. er gag ~1 ~--~,, .... ~ .... ~V~, oV~/ lO ....................... ~'- ~ ..........~w 200 Churches (per seat) 3 51 Words smack ~cough are deleted, words underlined are added 3. ! 5.3.27. 3. ] 5.3.342~8. LOS for capital solid waste disposal facilities rzqu:'rz~ "" m ~: ~-'- ~--:*" 1 ..... ;+...+ ...... + .~,11 ..+ .... .4 + ......... 4:' !~..-,1.,~.11 ..... 1..,-1 ..... ;+.. ~+ v.,.,.,-,.-* ...~!~ ...~,,.,.,,,o is two (2)_. years of constructed lined cell capacity_ at the average disposal rate for the previous five (5) years, and ten (10) years of permittable landfill capacity at the average disposal rate for the previous five (5) years. Major road network system means all -"+--:-~ and ~11~- +k~ +~+.1 ...1 ....... +~A ,""q~ll:~. ~'"~..q.,,t,,, "T'h,-, ~1 ..... .,,I --~+ ..... I.- .... +~ ' those roads depicted in the traffic circ'a!ation Transportation Eelement of the Collier County Growth Management Plan. 52 Words :*.-ack ~u:zug~ are deleted, words underlined are added 3.15.3.~029. 3.15.3.3~3.30. t~k--s~soa~P__eak hour for transportation concurrency determination is ...... *~' ......... ""~"" means the 100th highest hour on a roadway segment, omitting February and March data, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the current edition of the Transportation Research Board Highway Capacity Manual and the procedures and applications from the Florida Department of Transportation which is generally equivalent to the 250th highest hour for a 12-month period. For design of roadway capacity projects, the 30,a highest hour for a 12-month period at LOS "D" will be utilized. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. Any ',.'--r ............ r .................... ; .. ace; 53 Words :~¢k ~%-cugF, are deleted, words underlined are added 3.15.3.$431. Public facilities mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are also known as Category "A" public facilities under Policy 1.1.1. of the Capital Improvement Element of the comprehensive plan. Sec. 3.15.4. ~ 1,C .4 A 1 1{AK Rules of construction.~ include +k~ c~--:.:.~ and neuter. 54 Words ~+"'~' .u ..... u ......... ~. are deleted, words underlined are added '11l:/111 Sec. 3.15.5. Establishment of management and monitoring program and regulatory program: the annual update and inventory report (AUIR), Transportation Concurrency Management System, CIE amendments, and annual budget. In order to implement the mandate of the Collier County Growth Management Plan to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available to accommodate development in Collier County concurrent with when the impacts of development occur on such public facilities, the Board of County Commissioners establishes, pursuant to the terms of this division, (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility herein after referred to as the AUIK,. and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this division. Sec. 3.15.6. Management and monitoring program. 3.15.6.2. Annual Update and Inventory Report on Public Facilities (AUIR). On or .~.~.., r~ .... ~'~" I ^c ~.~. ..... tThe Community Development and Environmental Services Division Administrator shall complete an annual update and inventory report on public facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years, and identify new projects needed to maintain adopted LOS. The forecasts shall be based on the most recently updated schedule of capital improvements (public facilities) for each public facility. The AUIR shall be based on the most recent bureau of economic and business research (BEBR) population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic county data: 55 Words s*~,:ck ~--zug.~ are deleted, words underlined are added 3.15.6.2.1. Annual determination of adequate "Category A" public facilities (concurrency) r~ .... ~,.+ r~ .... ~,~, ! ,c ~ ..... :Th ity ......................... ~,,,,,, e Commun Development and Environmental Services Division Administrator will annually present the AUIR report to the Board of County Commissioners identifying deficiencies p~ or potential deficiencies in "Category A" public facilities and remedial action options including, but not limited to~ the following: 2. Public facility project additions to the financially feasible CIE; 3. V~C~I ~.e,4 .... , ..... ' ~g~' : ........ Establish interim development controls in affected service areas pending: Private development improvements guaranteed by an enforceable development agreement. For capital road facilities only, designation of a constrained roadway segment. 3.15.6.2.2. The findings, of the AUIR, once approved by the board of county commissioners, will form the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years. Direction by the board of county commissioners to update and amend the CIE to include projects and revenues (within the first three years for roads) needed to maintain adopted LOS for "Category A" facilities, as identified in the AUIR, shall constitute a finding of concurrent "Category_ A" facilities, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the roads facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database on a segment- by-segment basis factoring in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE for such segments. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior year's AUIR analysis, the Community Development and Environmental Services Division Administrator shall propose recommend to the Collier County Planning Commission and the Board of County C i i .~.^.., c~,^~.~ ~c~*. ,~^ I pd omm ss oners.~.. .... ,,. ~ ........... ]~. ~,,,, year, ~,~ an annua u ate and amendment to the CIE as pa~ of the annual gro~h management plan amendment cycle * ..... :-~ ~..~u~ ~;,~o h The recommendation will 56 Words s~--ack ~.rc, ugk are deleted, words underlined are added 3.15.6.4. 3.15.6.4.1. 3.15.6.4.2. 3.15.6.4.3. include the proposed public facilities needed to maintain adopted LOS sta da d ,~:,~,~,~ t,.. ,~,~ o~.,,~ nc r, .... *" "'~;~: ..... upon v ............................ as well as recommendations for the annual ~ as to needed .projects and suggested funding sources. ~ -,~ .......... v-,.. v ................... prior AUIR. of Deficient or Constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this code. .................. ~ ..... ~ o,~,,~ ...... once . Re on owth along roadway segments designated constrained. ~r ,~ ~,~: .... c ,h~ ~ Roadway segments once designated as constrained are subject to the gro~h restrictions set forth below which are intended to ensure that further LOS ,degradation does not occur in the event the roadway is determined to be operating below the Level-of-Service standard for that road facility. Constrained roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume of 10% above the service volume at the adopted Level-of-Service standard. Regulation of growth along deficient roadway segment(s). No trips shall be allotted under a Certificate of Public Facility Adequacy for development that directly accesses and generates more than a de minimis (de minimis impact is defined as trqffic impact of less than 1% of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subsection 3.15.6.4.3. of this code, below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). Significance Test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; for those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is 57 Words s~ack *&rz-a&h are deleted, words underlined are added 3.15.6.5. greater than or equal to 3% of the adopted LOS standard service volume; or for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed fiarther on any additional segments. Establishment of area(s) of significant influence (AS!)for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the Board, then the Community Development and Environmental Services Division Administrator, in conjunction with the Transportation Services Administrator, may propose to establish one or more areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. __ Standards in establishing area of sign~cant influence (ASI). ~. The boundaries for a ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Ad inist ~'~ ~'~"~'~ pz 58 are deleted, words underlined are added ..... --*' ..... ;.; ....... ;+.. M,,,,ll 'b, ........ ,4 ,e,.,.. ,-,.,h. +N,-.,,~. 1..,4 I 3.15.6.4-3-5.2. Review and approval of ASI by Board of County Commissioners. A~er receipt of the proposed boundaries of a potential ASI ~,a +u ........ · .,..1.~..,.~..~.'~1 ~. .... ..~o:~ division transportation se~ices division administrator, the board of county commissioners, by~ ~,.~.~ 1 ~ shall hold ~public hearing~ noticed pursuant to the requirements of .... a ...... ~. subsection 2.T.2.~.4.. of th~s cod~ ~e~ final consideration of the proposal and public comment, t~e ~oard ma~ approve the ~ .... ~"~:"- designation of an ~SZ~ 0nclud~ng a map of the ~ m cte roa way se ments net with or ~thout modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not~,~......~-~'~':~m. deficient and find ~ that the establishment of an ASI is not necessa~ to ensure that development orders are se~ed by adequate road public facilities. The approved ASI will become effective upon adoption by the board of county 3.15.6.4~.5.3. Map of areas of significant influence (ASI). A map showing the bc, undarie~ of deficient roadway segment(s) within each ASI established by the Board of County Commissioners shall be kept in the Community Development and Environmental Services Division and the office of the Clerk to the Board of community County Commissioners for review and inspection by the public during normal business hours. 3.15.6.-4-3-5.4. Duration of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the 'board of county commissioners, they are valid for one year;: unless ~ dissolved by the board of county commissioners or modified in a subsequent AUIR update. 3.15.6. 4.65.5. +!~ ......... 1;,4 ,c' ..... lop .... .~ ............... >'ear. Interim deve merit controls on ASI roadw~ segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact equal to or greater than 1% of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on a lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. 3.15.6.4-.%.5.6. Dissolution of area of significant influence (ASI) w+~,~ ,.,4a:,:~.~, -~a~a -^+~..:~.., `4~:~_+ .^~a ...... + +~'"" t The area of significant influence (ASI) established for ,h~, a deficient ~ ~2,~,:~,.. ~:~, road segment :~all may be dissolved in the same manner in which it was established under subsection 3.15.6.5.2. of this code by the board of county commissioners. 59 Words :'~ck ~.roug?. are deleted, words underlined are added Sec. 3.15.7. Regulatory program: review of development public facilities are available~ including Concurrency Management System. to ensure adequate the Transportation 3.15.7.2.1.3. 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 division to the development order is clearly established to be essential to the public health, safety and welfare; or 3.15.7.2.1.:54_. The new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 3.15.7.2.43. c~.~_:.,~,,,,~,,,,,, _T~emporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.~_. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the growth management plan. 3.15.7.2.65. Original T__~emporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3. ] 5.7.2.;t_6. Developments that claim vested status from the Growth Management Plan adopted Janua~_ 10, 1989 and its implementing regulations, A-ay r-eeeb~, and who properly obtains, a determination of vested rights for _a Certificate ofadeqttate Public Facilityies Adequacy ~ in accordance with the provisions of this section, as follows: 3.15.7.2.7. 3.15.7.2.76.1. App#cation. An application for determination of vested rights for a Certificate of Public Facility Adequacy shall be submitted in the form established by the Community Development and Environmental Services Division Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.7_6.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.7_6.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.:7_6.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 3.15.7.2.76.7. of this code. 3.15.7.2.7-6.2. Determination of completeness. After receipt of an application for determination of vested rights for a Certificate of Public Facility Adequacy , the Community Development and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the Community Development and Environmental Services Division 60 Words ~'-'~" '~' ..... ~' ......... o-. are deleted, words underlined are added 3.15.7.2.:7_6.3. 3.15.7.2.76_.4. Administrator shall notify the applicant in writing of the deficiencies. The Community Development and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied. Review and determination or recommendation by community development and environmental services division administrator and the county attorney. After receipt of a completed application for determination of vested rights for a Certificate of Public Facility Adequacy, the community development and environmental services division administrator and the county attorney shall review and evaluate the application in light of all of the criteria in subsection 3.15.7.2.7_6.7. Based on the review and evaluation, the community development and environmental services division administrator ,and the county attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 3.15.7.2.:76_.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and environmental services division administrator and the county attorney agree based on the review and evaluation that the application for determination of vested rights for a Certificate of Public Facility Adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a Certificate of Public Facility Adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 3.15.7.2.:76_.4, 3.15.7.2.:3_6.5. and 3.15.7.2.:76_.6. However, any such stipulated determination shall be in writing, signed by the community development and environmental services division administrator, the county attorney and the owner, and shall include findings of fact based on the criteria established in subsection 3.15.7.2.:76_.7., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. Review and determination of vested rights determination for a Certi~cate of Public Facility Adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a Certificate of Public Facility Adequacy and the written recommendation of the community development and environmental services division administrator and the county attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in Ssubection 3 15.7.2.6.7. of this ,~a~ ~ '~ -~ -~ and shall follow the rules of procedure set forth in ~ F.S. § 120.57(1)(b), 4, 6, 7, and 8;i e~,,~ .... ,~ e~:^~ F.S. § 120 58(1)(a),(d) and (f);;,t:~^~:'~.~,~,~,~ ~,,,,,~,~,oe*~"'~ and geetio~ F.S. § 120.58(1)(b),~z:~-~:-~.~,,.~,,, ~,,~,,~,,,,o,e~'~"'~ only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C..x:~-~:-~ ~.~,..~,,, ,~,~,......o,, ~.,., ~, ~'~ :'" ~*~*:-'~ r~^~,~,~, except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in section 3.15.7.2.6.7. of this code7.2.7.7. The county attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public 61 Words :'w.'.zk '~.rz'ag,~ are deleted, words underlined are added 3.15.7.2.7~_.5. 3.15.7.2.7-~_.6. 3.15.7.2.7~_.7. witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if anY. Issuance of vested rights determination for a Certificate of_Public Facility Adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 3.15.7.2.6.4. of this code 7.2.7.4., the Hearing officer shall consider the application for determination of vested rights for a Certificate of Public Facility Adequacy , the recommendation of the community development and environmental services division administrator and the county attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 3.15.7.2.6.7. of this code 7.2.7.7., and shall deny, grant, or grant with conditions the application for determination of vested rights for a Certificate of Public Facility Adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in subsection 3.15.7.2.6.7. of this code7.2.7.7., conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. Appeal to the Board of County Commissioners. Within 30 days after issuance of the Hearing Officer's written determination of vested rights for a Certificate of Public Facility Adequacy , the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a Certificate of Public Facility Adequacy of the Hearing Officer to the Board of County Commissioners. A fee for the application and processing of an owner- initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy, with or without modifications or conditions, or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy The Board of County Commissioners shall not be authorized to modify or reject the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy unless the Board of County Commissioners finds that the Hearing Officer's determination is not supported by substantial competent evidence in the record of the Hearing Officer's public hearing or that the Hearing Officer's determination of vested rights for a Certificate of Public Facility Adequacy is contrary to the criteria established in Ssubsection 3.15.7.2.6.7. of this code7.2.7.7. Criteria for vested rights. This section is intended to strictly adhere to and implement existing case law as they it relates to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrency), and related matters. It is the express intent of Collier County to require application of the provisions of this division to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly F.S. § 163.3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this subsection. It is intended that each case be decided on a case by case factual analysis. An owner shall be entitled to a positive determination of vested rights for a Certificate of Public Facility Adequacy only if he demonstrates by substantial competent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this division 62 Words :~"ack ~-c, ug,h are deleted, words underlined are added 3.15.7.2.g6.8. 3.15.7.3. 3.15.7.3.1. 3.15.7.3.1.1. 3.15.7.3.1.2. based on the provisions ofF.S. § 163.3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. Limitation on determination of vested rights for a Certificate of Public Facility Adequacy. A determination of vested rights for a Certificate of Public Facility Adequacy which grants an application for determination of vested rights for a Certificate of Public Facility Adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within two years after the issuance of the determination of vested rights for a Certificate of Public Facility Adequacy under tkis subsection 3.15.7.2.gfi., or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested rights for a Certificate of Public Facility Adequacy under this subsection 3.15.7.2.:7_6, and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned two-year time limitation on the determination of vested rights for a Certificate of Public Facility Adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development Order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this division. Certificate of Public Facility Adequacy. General. A ,,~:a ...... :~a Certificate of Public Facility Adequacy shall be ed tly ~'*~:~'~ ~* issu concurren with the approval of thefil!ng er next to occur of-final local development order, final ~,,u,~:,,:~:~ ~1~, .... ~ ~:.:~1 ........ , .... ~: .....1.,:~ +~ ..... At the time a Ce~ificate of Public Facility Adequacy is issued, 50% of the estimated transpo~ation impact fees must be paid into the applicable Trust Fund pursuant to subsection 3.15.7.3.1.5., and such ~nds will be immediately available for appropriation to implement capital road hcility improvements. Impact fees for all other Catego~ "A" capital improvements will be paid at the time of issuance of building permits at e rate en curren a ca e ....... ..~ .... v-~.. Reserved Traffic Impact Vesting Affirmation. The county will conduct a Traffic Impact Vesting Affirmation Review during the six month period following [effective date of this division's amendment] to determine 63 Words ~'"~' ou ..... k ......... e~' are deleted, words underlined are added which developments were vested for transportation concurrency prior to [the effective date of this division's amendment], which will include those developments that have previously received a Certificate of Adequate Public Facility, have entered into an approved development agreement with vesting provisions, or were statutofily vested prior to [the effective date of this division]. The review will also analyze the schedule of when these developments will be built, and the magnitude of traffic that will be generated by these developments. During this process of vesting affirmation, revisions to approved final site development plans and final subdivision plats that propose to decrease the impact of the development through such methods as reducing density, making additional provisions for mixed use development to capture trips or providing additional transportation system interconnections may be considered without risking vesting status. Previously vested development, i.e., development with a valid Certificate of Adequate Public Facility issued prior to the [effective date of this division's amendment], may elect to maintain and rely on its current certification until expiration, or opt to allow its escrowed transportation impact fees to be used under the revised concurrency certification process on the [effective date of this division's amendment], as provided in subsection 3.15.7.3.1.5 and as immediately follows to establish concurrency certification in perpetuity. Any development that opts into the provisions of subsection 3.15.7.3.1.5, will maintain its vesting status and road facility capacity reservations associated with the existing certificate without being required to submit revised or additional traffic studies; and upon surrender of the existing certificate will be issued new certificates for concurrency in perpetuity once 100% percent of the estimated transportation impact fees based on the then existing rate schedule are paid. 3.15.7.3.1.2.1. Annual mid-year traffic monitoring report. On [the effective date of this division's amendment], all development that has been issued an SDP or FSP, but which is less than 90 % built-out, must annually by mid-year (on or about June 30th) submit a report detailing its progress toward build-out of the development. The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. 3.15.7.3.1.3. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this division, i.e., on or about November 3, 1993, a Certificate of Public Facility Adequacy shall be obtained prior to approval of the next development order required for the proposed development. 3.15.7.3.1.4. ..... vv ....... Estimated transportation impact fees a~syst~ '~ .... ' .....' fez: for a development shall be paid into the applicable Impact Fee Escrc, w Trust Fund in the amount estimated to be due upon issuance of the final local development order(s) upzn ~ for the development upon or prior to issuance of a ~e~ificate of _Public ~acility ~dequacy for the developmenL ~v~ .... Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this division's amendment], and which elect to come under the provisions of this division may make:-P 64 Words a'a-ack .troug:. are deleted, xvords underlined are added payment of The payment c,f the estimated impact fees into the applicable transportation Impact Fee E:crc, w Trust Fund such that previously paid estimates may aha!! be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the b,ail4k'~g-pe~ final local development order(s) for the development. If the Developer does not elect to come under the provisions of this division, timpact fees paid into the Impact Fee Escrow Trust Fund prior to [the effective date of this division's amendment] shall be refundable upon written request to the community development and environmental services division administrator .accompanied by the surrender of the original Certificate of Public Facility Adequacy obtained prior to issuance of ~ final local development order(s) for the development. Fees paid into applicable Impact Fee Trust accounts as a prerequisite to the issuance of lm4M~g-per~ final local development order(s) prior to the [effective date of this division's amendment] in accordance with the applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the finance director, clerk of courts. ~ 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of Certificate of Public Facili~ Adequacy. Within 90 days of notification by facsimile that an application for a Certificate of Public Facility Adequacy has been approved and a certificate issued, an applicant may pick up the certificate upon payment of one-half (50%) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid- range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a Certificate of Public Facility Adequacy application. Additionally, previously vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50%) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the Certificate of Public Facility Adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year at~er the initial impact fee payment. The initial 50% impact fee payment is non-refundable after payment and receipt of the Certificate of Public Facility Adequacy certificate. For certificates issued after [the effective date of this division's amendment], not later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50%, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificate of Public Facility Adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50%, balance of the estimated transportation impact fees due from a previously vested development that opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees 65 Words ......... r~. are deleted, words underlined are added 3.15.7.3.2. 3.15.7.3.2.1. 3.15.7.3.2.2. are paid, those estimated fees are non-refundable. However, the Certificate of Public Facility Adequacy runs continuously with the land in perpetuity aiter all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid-shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the Developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent~ the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the Certificate of Public Facility Adequacy is modified to delete those entitlements. Rules of general appBcability for Certificate of PubBc FaciBty Adequacy. Certificates of Public Adequacy issued for roads under subsection 3.15.7.3.1.1 of this code subsequent to the [effective date of this division's amendment] , will run in perpetuity provided provisions of subsection 3.15.7.3.1.5 of this ce are met and that annual mid-year monitoring reports are filed which comply with subsection 3.15.7.3.1.2.1 of this code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. Timing. An application for a Certificate of Public Facility Adequacy may only be submitted a~, as part of an application for a final local development order subject to subsection 3.15.7.3.1.1. of this code. Impact Fees. A complete application for a Certificate of Public Facility Adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be 3.15.7.3.2.g3. 3.15.7.3.2.~.~ paid pursuant to subsection 3.15.7.3.1.5 of this code finally determined by the Impact Fee Coordinator. One-half (50%) of the estimated payment will be due at the time of notification of approval of the final local development order and will be deposited into the applicable Impact Fee Trust Fund and will be immediately available for appropriation by the board of county commissioners for transportation capital improvements. Final calculation of impact fees due will based on the intensity of development act~lly permitted for construction and the impact fee schedule in effect at the time of the issuance of building permit(s); such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in subsection 3.15.7.3.1.1. of this code. Consolidated application. A s:.te '~ .... ~ ..... * ~-- A final local development order shall receive final approval only to the extent to which the proposed development receives a Ceertificate of P_public F_facility Aadequacy. The application for a C~ertificate of P_public F_facility Aadequacy may only be submitted with an application for final local development order approval, where appropriate under this division. An application for a Certificate of Public Facility Adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in subsection 3.15.7.3.1.5. of this code. Assignability and transferability. An approved C~ertificate of Ppublic Ffacility Aadequacy shall run with the land associated with the 66 Words :~,:ck ~:zug~ are deleted, words underlined are added corresponding development approval, and shall be assignable within the corresponding land of the approved a proposed development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. 3.15.7.3.2.&_5 Expiration. A C._eertificate of P_public F__facility A__adequacy for "Category A' facilities, except roads, shall expire three years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in subsection 3.15.7.3.1.1. of this code; v,-,-,-,,--,;'~'~'. Refund of Impact Fees, except for certificates issued pursuant to subsection 3.15.7.3.1.1. of this code, will be subject to the provisions of the Consolidated Impact Fee Trust Fund Ordinance. The expiration date of a re-issued certificate re-allocating capacity to different lots or parcels in the same development will relate back to, and be calculated from, the original certificate's date of issuance. 3.15.7.3.2.4__5.1. For large developments as indicated below, a five year Certificate of Public Facility Adequacy for "Category A" facilities, except roads, may be obtained provided the Developer enters into an enforceable development agreement with the county. For dDevelopments comprised of more than 500 residential dwelling units, or fo~ a phased increment of development comprised of more than 150 residential dwelling units, or for a commercial/industrial development of more than 100,000 square feet of gross leasable area is considered to be a large development.,-a A _Ceertificate of Ppublic F_facility _Aadequacy for a large development shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code._; 3.15.7.3.2.:56. Effect. Issuance of a Certificate of Public Facility Adequacy shall demonstrate proof of adequate public facilities to serve the development 67 Words s*xdck '~.rm:gk are deleted, words underlined are added 3.15.7.3.3. 3.15.7.3.4. 3.15.7.3.4.1. 3.15.7.3.4.2. approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for development approved in a development order for which a Certificate of Public Facility Adequacy has been approved shall be determined to have adequate public facilities as long as the Certificate of Public Facility Adequacy is valid and unexpired. When a Certificate of Public Facility Adequacy expires, any subsequent application for development approval shall require a new certificate of public facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a Certificate of Public Facility Adequacy for subsequent or continuing development once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a Certificate of Public Facility Adequacy be automatically renewed. Effect of development agreement in conjunction with a Certificate of Public Facility Adequacy. Upon approval by the Board of County Commissioners, any applicant may shall enter into an enforceable development agreement with Collier County pursuant to the provisions of F.S. §§ 163.3220--3242 or other agreement acceptable to the board of county commissioners, in conjunction with the approval of a development order and/or a Certificate of Public Facility Adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the Certificate of Public Facility Adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities. Procedure for review of application. Submission ofappBcations_ and fees. TheAn Application for a Certificate of Public Facility Adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. ~ Such applications shall be submitted at the *~' .... ':~* ^~ fo th d filing zf .............. r e next final local development or er ~ as specifically provided for under subsection 3.15.7.3.1.1. ~1 other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit along with final payment for any impact fees owed, including any road impact fees. A~pplication fee! in an amount to be dete~ined by the Board of County Commissioners shall accompany and be pan of the applicaion!. Application contents. The form and contents for the Application for Public Facility Adequacy except for the road component shall be established by the Community Development and Environmental Services Division Administrator. In all cases, the applicant shall provide a facsimile number at which communications and notifications from the county to the applicant may be sent. The form and contents for the Application for Public Facility Adequacy for the roadway component shall be established by the Transportation Services Division Administrator. Complete 68 Words ~'-'~' *~' ..... ~' ......... e~, are deleted, words underlined are added applications in their entirety are necessary_ to allow proper and adequate review by both the Community Development and Environmental Services Division and the Transportation Services Division. The form and contents for Applications shall be published and made available to the general public. 3.15.7.3.4.3. 3.15.7.3.4.4. Determination of completeness and review. Upon receipt of an Application for Certificate of Public Facility Adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the a~ Application for Certificate of Public Facility Adequacy, the Community Development and Environmental Services Division Administrator and transportation services division administrator shall determine whether its respective appliaction is complete within five business days. If it is determined that ,u,,,, .... ,,v~,-,,,,,,,,-o~:~n+: ...... ,,,, ,o:~ any component of the applicatiOn is not complete, written notice via facsimile shall be ser-ved-o~ provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within twenty business days after any application for a certificate except for road facilities is received and the application is determined to be complete, the Community Development and Environmental Services Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in Ssubsection 3.15.7.3.5. of this code. The Transportation Services Administrator shall review and grant, or deny a Certificate of Public Facility Adequacy for roads within twenty business days after the application is determined to be complete. · · A .... ~ r,~__.,~ Within Appeal to o_.[ Public Facilities Determmatton._ 30 days after issuance of the determination of the Community Development and Environmental Services Division Administrator and/or the Transportation Services Division Administrator on the Application for a Certificate of Public Facility Adequacy, the applicant may appeal the determination of *~'~ r~ ...... :,., r, . ,.,,.,.,.~ .,,,,,,,.j ,~,.,~,~,-.,~j to the o..u,:~ ......... tt,~,~ the-Collier County board of county commissioners. A fee for the application and processing on an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant for a third party evaluation. The third party shall be an outside consultant who has been previously approved by the county for the purpose of providing independent review and recommendations on public facility adequacy determinations. The board of county commissioners ~,.,u~:~ ~:~,,:~:,:~ Czmm?,~¢c shall hold a hearing on the appeal and shall consider the determination of the Community Development and Environmental Services Division Administrator and the Transportation Services Division Administrator, independent third party testimony and public testimony in light of all the criteria set forth in Ssubsection 3.15.7.3.5 of~ zr~nance. The board of county commissioners ^ ....~ r~,,~:,,~^ shall adopt the Community Development and Environmental Services Division Administrator's and the transportation services division administrator's determination on the Application for a Certificate of Public Facility Adequacy with or without modifications or 69 Words sin'.ok t?.r~.ug~ are deleted, words underlined are added conditions, or reject the Community Development and Environmental Services Division Administrator's and the transportation services division administrator's determination. The board of county commissioners-Pubt~ ............................. vv ........... ~tt,,c shall not be authorized to modify or reject the Community Development and Environmental Services Division Administrator's and the transportation services division administrator's determination unless the board of county commissioners m.r,,:~ c~:~:.:~ r~ ..... :,~,;,,, ^ .... ~ r,~:,~., finds that the determination is not supported by substantial competent evidence or that the Community Development and Environmental Services Division Administrator's and the transportation services division administrator's determination is contrary to the criteria established in Ssubsection 3.15.7.3.5 of this codeof t~ig ordinance. The decision of the board of county commissioners shall include findings of fact for each of the criteria. 3.15.7.3.4.5. Approval of Certificate; Payment _for, and Cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a Certificate of Public Facility Adequacy for road facilities has been approved, and a Ce~ificatc one-half (50%) att of the estimated transportation impact ,,..,4 .... ..... ; ............ ~, ...... ~ fees shall be paid. ..Ts' +t,~,,,, ~. If the applicant does not pick up the ce~ificate and pay all applicable transpo~ation impact fees within ~ 90 days of notification by facsimile by certified mail, the ce~ificate will be voided. In such a case, the applicant shall then be required to apply for issuance o~ a new ce~ificate. All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure at that time. * * * * * 3.15.7.3.5.1. Potable water facilities. * * * * * 3.15.7.3.5.1.1.1. The required public facilities are in place at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.1.1.2. The required public facilities are under construction at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.1.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1. and 3.15.7.3.5.1.1.2. of this code. * * * * * 3.15.7.3.5.2. Sanitary sewer facilities. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 70 Words ...... ~ccug,h are deleted, words underlined are added 3.15.7.3.5.2.1.1. The required public facilities are in place at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.3. Solid waste facilities. 3.15.7.3.5.3.1.1. The required pubic facilities are in place at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.3.1.2. The required public facilities are under construction at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.4. Drainage facilities. The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the environmental services division that meets the LOS for Capital Drainage Facilities defined in subsection 3.15.3.26.42.22. o__f this code. 3.15.7.3.5.5. Park and recreation facilities. 3.15.7.3.5.5.1.1. The required public facilities are in place at the time a final Site Development Plan, Final Subdivision Plat or building permit is issued. 3.15.7.3.5.5.1.2. The required public facilities are under construction at the time of a final Site Development Plan, Final Subdivision Plat or building permi~ is issued. 3.15.7.3.5.5.1.3. The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which provides for the commencement of actual construction within one year of issuance of a final Site Development Plan, Final Subdivision Plat or a building permit. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the transportation concurrency ......... impact statement (.TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. t~e 3.15.7.3.5.7. SignOqcance Test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: on those roadway segments directly accessed by the project where project traffic is equal to or greater than 3% of the adopted LOS standard service volume; 71 Words s~.:ck ~.r~,ug.h are deleted, words underlined are added for those roadway segments immediately adjacent to segment~ which are directly accessed by the project where project traffic is greater than or equal to 3% of the adopted LOS standard service volume; or for all other adjacent segments where the project traffic is greater than 5% of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.16., GROUNDWATER PROTECTION INCLUDING THE WELLFIELD PROTECTION ZONE MAP SERIES. Division 3.16., Groundwater Protection including the Wellfield Protection Zone Map Series, of Ordinance No. 91-102, as amended, the Collier County Land Development Code is hereby amended to read and replace or add certain wellfield protection zone maps as follows: DIVISION 3.16 GROUNDWATER PROTECTION Sec. 3.16.2. Applicability. 3.16.2.1.2.1.7. The following wellfields withdraw groundwater from the water table aquifer: A. The Everglades City Wellfield; and B. The Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield._; and 3.16.2.1.2.1.8. The following wellfields withdraw groundwater from Tamiami aquifer: the Lower 72 Words :*.'"ac',: *,."--ougb. are deleted, words underlined are added The East Golden Gate Wellfield; The Coastal Ridge (Goodlette Road) Welifield; The Collier County Utilities Wellfield; 'l~h~ t"~-l~,-l~ llr~ll~alA. The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and Ce. F~ The Orange Tree tkqi,mm-lh~y Wellfield. 3.16.2.1.2.1.9.10. The main water treatment plant wellfield of the Immokalee Water and Sewer District well,fields withdraws groundwater from the Lower Tamiami and the Sandstone aquifers. 3.16.2.1.2.1.40.1J.1. Available data indicate that: 3.16.2.1.2.1.44-.12. SFWMD technical assistance information includes a finding that "[d]ue to the leaky nature of the Tamiami confining beds.., there is presently not enough data to conclude that these confining beds could protect the aquifer from surface contamination. Therefore, land use decisions should be geared towards restricting hazardous chemicals or industries from the immediate areas where the Lower Tamiami is being used as a source of drinking water supply." (Water Resources Data and Related Technical Information to Assist Local Government Planning in Collier County, SFWMD, 1987, p. Co-C-5.) The risk of contamination of groundwater and existing and future wellfields in geographical Collier County will be reduced by regulating the development, land use, and activity within Collier County and ensuring that state groundwater quality standards are implemented. 3.16.2.1.2.2. Protected public water supply wellfields. * * * * 3.16.2.1.2.2.1. Withdrawing from the water table aquifer: A. The Everglades City Wellfield; and B. The Florida Governmental Utility Authority Golden Gate Water Treatment Plant ~ Wellfield:; and 3.16.2.1.2.2.2. Withdrawing from the Lower Tamiami aquifer: The Orange Tree Petiean-]gay Wellfield. The Airport Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields; and 73 Words ........c, ug:, are deleted, words underlined are added Sec. 3.16.2.4. Sec. 3.16.2.4.1. 3.16.2.4.1.1. 3.16.2.4.1.2. 3.16.2.4.1.3. 3.16.2.4.1.4. 3.16.2.4.1.5. 3.16.2.4.1.6. 3.16.2.4.1.7. G:.F__: The Carson Road Water Treatment Plant Wellfield of the Immokalee Water and Sewer District wellfields. Application of zones. Regulated welldqelds. * * * * East Golden Gate Wellfield. Coastal Ridge (Goodlette Road) Wellfield. Collier County Utilities Wellfield. Everglades City Wellfield. Florida Governmental Utility Authority Golden Gate Water Treatment Plant C-ifies-(~vataO Wellfield. The Orange Tree G!a~c: Wellfield. Immokalee Water and Sewer District wellfields drilled into the Lower Tamiami aquifers and Sandstone aquifers. Pelican ~ay Well~cld. APPENDIX A. WELLFIELD PROTECTION ZONE MAPS [See attached maps[ SUBSECTION 3.N. AMENDMENTS TO DIVISION 5.2., PLANNING COMMISSION Division 5.2., Planning Commission, of Ordinance No. 91-102, as amended, the Collier County Land Development Code is hereby amended to read as follows: DIVISION 5.2 PLANNING COMMISSION Sec. 5.2.2. Powers and duties. The planning commission shall have the following powers and duties: 5.2.2.11. The school district member of the planning commission shall attend those planning commission meetings at which comprehensive plan amendments and rezonings that would, if approved, increase residential density of the property that is the subject of the application being considered. 74 Words :~ack °&.ro'.'.g.h are deleted, words underlined are added Sec. 5.2.3 Commission membership. 5.2.3.2. Appointment. The planning commission shall be composed of nine members to be appointed by the board of county commissioners. In addition, a representative of the school district appointed by the school board shall serve as a non-voting member of the planning commission unless the board of county commissioners grants voting status to the school district representative. 5.2.3.3. Reappointments. All reappointments to the planning commission shall be made so as to achieve the following geographical distribution of membership: One member: Appointed by the school district. Sec. 5.2.4. Terms of office. The initial terms of office of the planning commission shall be as follows: The school district member shall be appointed for a term of four years. SUBSECTION 3.0. AMENDMENTS TO DIVISION 5.13., ENVIRONMENTAL ADVISORY COUNCIL Division 5.13., Environmental Advisory Council, of Ordinance No. 91-102, as amended, of the Collier County Land Development Code is hereby amended to read as follows: DIVISION 5.13 ENVIRONMENTAL ADVISORY COUNCIL Sec. 5.13.2. Authority, functions, powers and duties. 5.13.2.3. The powers and duties of the EAC are as follows: SUBSECTION 3.P. AMENDMENTS TO DIVISION 6.3., DEFINITIONS Division 6.3., Definitions, of Ordinance 91-05, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 75 Words ..... '&.re-.:g~ are deleted, words .underlined are added DMSION 6.3 DEFINITIONS Alley: The A public or approved private way which affords only a secondary means of access to abutting properties and which is not intended for general traffic cii-culation. Outparcel: A site for a freestanding building or buildings which is generally related to a,, original (parent) development tract is adjacent to a roadway that interrupts the frontage of another lot and is intended or withheld by the developer fc~r development separately from the majority of the original development. The outpacel shall meet the minimun- development and dimensional standards of the underlying zoning district, shall provide the required number of parking spaces to accommodate the proposed use(s) and shall integrate access, landscaping, architecture and signage with the main component of the project, based upon the specific provisions of the land development code and the appropriate PUD ordinance. Passenger vehicle: A car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code,_.~-l-) only one full depth front yard shall be required. , v-/t~ ..~" ,~.,~.~'~'~ ..~""'~,.~ ~ .... ~, ~ o..~.~" be ~ ~oo ,~ ~n ...... , ~ .~ ~,~. .... :~.. ~- ~+ ~:-~ -~-- +h~ .+.~+ In all zoning districts, the ~11 depth ..................... ~ ............ front yard requirement shall apply to the ~ont yard which has the sho~er or sho~est street ~ontage. In all zoning districts, except the E (Estates) zoning district, the setback requirement fo, the remaining front yard(s) shall not be reduced by more than 50 percent of the ~1] front yard setback requirement for that district, exclusive of any road right-of-way or road right-of-way easement. Additionally, in the E (Estates) zoning district on]y, the setback requirement for the remaining front yard(s): ~i) shall not be reduced to less than 15 feet, and 0i) shall not include any road right-of-way or road right-of way easement within the reduced front yard. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 76 Words s*~.'.¢k °,?:c, ug?. are deleted, words underlined are added independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE 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 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State with the exception of Division 3.15, Amendments to Adequate Public Facilities Division. The amendments to said Division 3.15 entitled Adequate Public Facilities shall not become effective until the supporting amendments to the Collier County Growth Management Plan (Ordinance Number 02-60), become legally effective in accordance with Subsection 163.3189(2)(a) Florida Statutes (2002). PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of January 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I D~HTEk~OC~, CLE~ Approved As To Fo~ And Legal Su~ciency Marjorg~. Student Assistant County A~omey BY: j~~ 77 Words ~"'~ *~' .... ~' .......... ~., are dclctcd, words underlined arc added FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT PLANT WELLFIELD ( Replaces untitled map of Florida Cities (Avatar) Wellfield ) COASTAL RIDGE WELLFIELD 36 31 11 12 (C.R. 23 GATE PARKWAY (c.R. 88e) 33 34 35 ( Replaces map entitled Coastal Ridge ) COLLIER COUNTY UTILITIES WELLFIELD ( Replaces map entitled Collier County Utilites ) EAST GOLDEN GATE WELLFIELD (~L WELL ROAD (C.~ 8.~) OIL WELL ROAD (C.~L 858) 2¢ 19 22 25 3O 27 ( Replaces map entitled East Golden Gate Wellfleld ) ORANGE TREE WELLFIELD d..L BOULEVARD ( New map ) IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS ( Replaces untitled map of Immokalee Wellflelds ) EVERGLADES CITY WELLFIELD 35 36 3~ 3~ C.R. 837 1 ( Replaces untitled map of Everglades City Wellfleld ) 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 copy of: ORDINANCE NO. 2003-01 Which was adopted by the Board of County Commissioners on the 8th day of January, 2003, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day Of January 2003. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio toi,~0a~d'O~ By: Patri'ei~L.. M~gn',?' Staff Position Paper Proposed LDC Amendment 3.13.8.3 Proposed Amendment: 3.13.8.3. Use of lawn and non-native coastal plant species on a single-family lot, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.3.1. A building permit has been issued for a single family dwelling unit. 3.13.8.3.2. Distance seaward of the CCSL shall not exceed 15 feet. 3.13.8.3.3. Use of any Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, is prohibited. Effect of the Amendment: This amendment would apply to all single family coastal lots within unincorporated Collier County. There are three distinct areas that have single family coastal lots: Lely Barefoot Beach, Vanderbilt Beach and The Strand at Pelican Bay. The single family lots on Vanderbilt Beach have homes that were approved by CCSL variances and would not be affected by this amendment. The single family lots at Lely Barefoot Beach are on a developed shoreline and the single family lots at The Strand are on an undeveloped shoreline. These two areas would be affected by this proposed change. Staff Position: Collier County Environmental Services and Planning Services staff recommends denial of the proposed amendment for the following reasons: 1. The proposed amendment is not consistent with Collier County's GMP. Objective 10.3 of the CCME provides policies to protect undeveloped coastal barriers and thus is applicable to The Strand. The proposed amendment is inconsistent with policies 10.3.2 and 10.3.9 in that the amendment would allow for non-native coastal plants seaward of the CCSL. These references are highlighted below: Objective 10.3: Undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 10.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 10.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that it is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading it's natural function, any native LDC 3.13.8 Staff Position Paper Page I of 4 January 3, 2003 e vegetation lost during construction shah be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Objective 10.3 of the CCME provides policies to protect developed coastal barriers and thus is applicable to Lely. The proposed amendment is inconsistent with policies 10.3.2 and 10.3.9 in that the amendment would allow for non-native coastal plants seaward of the CCSL. These references are highlighted below: Objective 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural function of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.3: ProhibH activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shah not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. The CCME provides general guidance for development within the County's Coastal Zone and consistently requires the use of native vegetation and the restoration of the beach and dune systems. These additional Objectives and Policies are found in Appendix A. The proposed amendment is inconsistent with at least three Divisions of the LDC. This would apply to both Lely Barefoot Beach and The Strand. Appendix B highlights those sections of the LDC where the amendment is inconsistent with the existing requirements. The proposed amendment is contrary to best management practices for beach front development. Formation and stability of a dune is affected by the presence of dune vegetation. Native vegetation is the stabilizing ingredient that acts as a dynamic sand binder, enabling the establishment and growth of a stable dune. Dunes develop as a result of trapping of wind-blown sand by the roots, rhizomes and stems of dune vegetation. Native dune vegetation is able to trap wind-blown sand and is thus a more stabilizing influence then "lawn" vegetation. This is the reason that the GMP requires the use of native vegetation within the County's coastal system. LDC 3.13.8 Staff Position Paper Page 2 of 4 January 3, 2003 Appendix A. Additional Objectives and Policies [10.4 applies to Lely] Objective 10.4: Developed coastal barriers and developed shorelines shall be continued to be restored and then maintained, when appropriate by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural function of coastal barriers and affected beaches and dunes. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 10.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 10.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. [10.6 applies to The Strand and Lely] Objective 10.6: The County shall conserve the habitats, species, natural shorelines and dune systems contained within the County's coastal zone. Policy 10.6.1 In addition to those applicable policies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5, development within the County's coastal zone shall also meet the following criteria: ...3 Beachfront developments shall restore dune vegetation. .... 4 Projects on coastal barriers shall be landscaped with native Southern Floridian species. LDC 3.13.8 Staff Position Paper Page 3 of 4 January 3, 2003 Appendix B. Sections of the LDC inconsistent with the proposed amendment Division 3.12, Coastal Zone Manauement Section 3.12.5.4 sets the development standards and regulations, for native vegetation retention on coastal barriers. Section 3.12.5.4.1 "Native vegetation shall be preserved to the maximum extent possible...." [The only compatible vegetation, considering the existing dune sands, habitat, salt conditions and species using the area, is salt tolerant, coastal dune or strand (native) vegetation.] Section 3.12.5.4.2 "All beachfront land development projects shall be required to revegetate the dune where the dune is devoid of coastal dune vegetation." Section 3.12.5.4.4 "Appropriate coastal dune or strand vegetation shall be required as the only stabilizing medium in any coastal barrier dune or strand vegetation restoration program." Division 3.11, Endangered, Threatened or Listed Species Protection - provides protection for species and their habitat. Section 3.11.3.4 "All gopher tortoises, their habitat and the associated comensals are hereby protected..." [There are gopher tortoises living on the dunes along the shoreline at Lely and The Strand. Removal of foraging habitat would not be permitted beyond the CCSL.] Division 3.13, Coastal Construction Setback Line Variance (3.13.8 Permits) Section 3.13.8 "Creation, restoration, re-vegetation or repair or the dune or other natural area seaward of the CCSL...when the following criteria have been met." Section 3.13.8.2 "Plants used must be 100 percent native coastal species." Note: The State CCCL takes under review, Section 161.053, Florida Statutes and Chapter 62B- 33, Florida Administrative Code. The State has exemptions for minor activities that are deemed to not have an adverse impact on the beach and dune system. The only exemption that seems to apply would not apply for much coastal location. It allows an exemption for: "Landscaping located a minimum of 30 feet landward of the frontal dune, escarpment, or coastal armoring structure which does not involve excavation of existing grade or destruction or removal of native salt resistant vegetation." [The State does not exempt landscaping if it involves destruction or removal of native salt resistant vegetation. That would be the case in all of the applications at the Strand in Pelican Bay, and some at Lely. The only reason some properties in Lely might be exempt is that they have illegally removed this vegetation already. ] LDC 3.13.8 Staff Position Paper Page 4 of 4 January 3, 2003