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EAC Agenda 08/04/2004
ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 4, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") -Third Floor I. Roll Call II. Approval of Agenda III. Approval of July 7, 2004 Meeting minutes IV. Land Use Petitions A. NONE V. Old Business A. Confirmation that regularly scheduled October 6, 2004 meeting has been rescheduled to September 30, 2004. VI. New Business A. Land Development Code amendments Cycle 2 VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on August 2, 2004 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. July 7, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, July 7, 2004 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred F. Gal Ed Carlson William Hughes Michael Sorrell Joseph Gammons Michael Bauer ALSO PRESENT: Patrick White, Assistant County Attorney Barbara Burgeson, Environmental Specialist 1 July 7, 2004 Meeting was called to order by Chairman Alfred F. Gal at 9:00 AM. I. Roll Call Roll Call was taken - a quorum was established. Eric Lynne and Ken Humiston were excused. Judith Hushon was absent. II. Approval of Agenda: Agenda was approved 6-0. III. Approval of May 5,2004 Meeting Minutes: Mr. Hughes made a motion to approve the minutes; Mr. Gammons seconded. May 5, 2004 Meeting Minutes were approved 6-0. IV. Land Use Petitions: A. Planned Unit Development No. PUDZ-2003-AR-4046 "Summit Place in Naples PUD" Section 35,Township 48 South,Range 26 East No Disclosures. Dwight Nadeau presents the information for the PUD for Summit Place and displays a map. • Adding northern 40 acres • Total of 98.4 acres (additional 40.58 acres) • Total of 394 Dwelling Units (additional 163 units) • Summit Place subdivision is under construction • Summit Place has its South Florida Water Management Permit • Obtained 2 RAI's and successfully responded • 27 acres of conservation; this is an increase over the 9.9 acres originally approved in the Hibiscus Village PUD. With this preserve there will be enhanced wetlands, created wetlands and upland preserves. • Aerial indicates that preserve is up against some undeveloped lands • Palermo Cove PUD will be coming up in 8-9 months • Preserve will be contiguous with Summit Place Preserve • 70% of wetlands will be preserved • $150,000 payment will be made to the Big Cypress Mitigation Bank Ed Carlson: I have 2 different maps, one has 2 lakes and one has 1 lake. The preserve boundary is different in each map, which is correct? Mr. Nadeau: Confirms which map is correct and that the preserve in the new plan is larger than the preserve in the old plan. 2 July 7, 2004 Mr. Hughes inquires about the approval from the South Florida Water Management District. Mr. Nadeau confirms that they do not yet have approval for phase II; for this change. Mr. Hughes: Does this fit our plan for Green space Greenways? Ms. Mason: They meet the requirements and are contiguous with 2 preserves and a future preserve as well. Mr. Carlson asks for an explanation of"filling floodplain area?" Stan Chrzanowski: The floodplain compensation issue is new. When rivers overflow their banks it goes to the floodplain. There is a very flat topography here. Most fill for house pads and developments are fill being put in for floodplains. Golden Gate Estates is a prime example; we will have 30,000 homes, most in a floodplain. We have written a policy that, effective August 1, 2004, requires floodplain compensation calculations, either upfront or with the design. Mr. Carlson: How do they do the compensation? Where is the compensation? Mr. Chrzanowski: This is a tough question. (Indicating Map) In the Golden Gate Estates area there are all revised house pads. There is no way to compensate. The only way to compensate is to take an area that is above the base flood elevation and drop it below the base flood elevation. When all of the area is below the base flood elevation there is no way to compensate. If you have a parcel that is both high and low, you can actually dig out and compensate for the floodplain. Mr. Bauer: I have a question about page 5 of the staff report. For wetland mitigation it indicates a wetland preserve and credit in the Big Cypress Mitigation Bank. Mike Myers: There will be a combination of on-site preserve and off-site mitigation. There was a lengthy conversation regarding the long term water management of the area. Mr. Hughes: Is flooding a problem in the long term? Mr. Chrzanowski: Yes, as different projects come in. This is a county wide problem. With floodplain compensation it's impossible to solve with off-site mitigation. You can either hold water back or make it rise. You can either start draining things properly. However when you drain it out it goes to the coast areas quicker. You can hold it in lakes, large retention areas, buy up public lands. There are a lot of solutions but every one of them gets to be prohibitively expensive. Between the FEMA study and the LIDAR topography we are learning a lot about this area. We can now look at area and predict the problems. We know the solutions, but a lot of times the solution is not 3 July 7, 2004 possible because you want to drain the water to help the people, but you cant drain the water quicker so it's a"catch-22." Mr. Carlson: We've been using the drainage technique for some time and we're finding out that it's detrimental. It seems to me that raising control elevations and finding a way to store more water on the land would be the way to go. Mr. Chrzanowski: However, there are a lot of structures built according to the old control elevations and then the septic tanks and drain fields will malfunction and the roads will flood. Mr. Carlson: With adjustable wier gate structures for those 100 year storms it seems like something could be worked out that will increase the storage 99% of the time and if you have a 100 year storm there is a control structure to take care of that. Mr. Chrzanowski: If you have a totally non-automatic system and the personnel are properly trained and monitoring it 100% of the time you could probably get it to work fairly good if your weather forecasting improved to the point that you could drain down your system to prepare for the next storm. This is a philosophical discussion Mr. Carlson: I believe we have the technology. I am willing to pay for more water storage and more sophisticated water control systems in this county. Mr. Hughes: This particular project is within the current guidelines of the law, is that correct? Also, we will be notifying of any additional requirements so no one is getting blind-sided. I so move that we approve this project. Mr. Gammons seconds. Mr. Carlson: Preserves like this are a good way to conserve water and green space. This is a good project with 70% preserved and as we defer to the other regulatory agencies I guess the best we can do. I wish it were 90% preserved. Mr.Bauer: However it is just another net loss of wetlands. Mr. White: Please note that the motion should be to approve the EIS and to make a recommendation for approval with respect to the re-zoning. I would ask that the motion maker and second revise the motion accordingly. Mr. Hughes revises the motion to approve the EIS and to make a recommendation for approval with respect to the re-zoning. Mr. Gammons agrees. Motion carries 5-1. Mr. White notes that this is official action. 4 July 7, 2004 V. Old Business: None VI. New Business Barbara Burgeson introduces Christina Sanchez and Susan Mason, both staff members that will be working with the EAC. VII. Council Member Comments Mr. Hughes: The confusion that we have here today regarding the water management issue is extremely complex and it has to be addressed. Mr. Sorrell: Stan, I have a few questions regarding the Draft Implementation Plan for Picayune Strand. The water table changes proposed there would render the septic system in Golden Gate Estates void. They are recommending that sewer and water be put in. Mr. Chrzanowski: I saw that recommendation. There is some question as to whether the water table will be raised. It would affect the septic and drain fields and possibly some wells. My understanding is that at some point we will have sewer and water out there. Right now we have water shortages from the wells out there and there are only 10,000 homes now. When the Estates increases to 30,000 homes, there will be some serious problems. We can either do it well ahead of time or wait until there are problems and address it then which will be a process. I'm an engineer, we like to do things ahead of time, but it is not always politically and financially feasible. Mr. Sorrell: A couple of weeks ago, there was an article in the newspaper that noted that they are planning on using 72,000 yards of contaminated soil in the Belle Meade area to use as dykes. Once they stack this water, they are going to kill the pines and eliminate the red cockaded woodpecker from the area. In your opinion, what is going to happen to the contaminants? I think this is worth researching. Mr. Chrzanowski: I rather not give an opinion on that, I have not heard about that. Barbara Burgeson: I have one other item, Susan planning a future workshop for the EAC. Susan Mason: We are getting representative from DEP to make a presentation about TMDLs (Total Maximum Daily Loads.) It's a newer program for federal and state. It will probably be in August or shortly after that. Mr. Hughes: Can we have the South Florida Water Management people come here? Ms.Burgeson: We do invite them to every meeting and we will continue to do that. 5 July 7, 2004 Mr. Chrzanowski: We e-mail them copies of the agenda but they have had a lot of staff rN changes. Mr. Bauer: I would like to disclose that I work for the South Florida Water Management District, but I do not have contact with the Permitting Department. I could point you in the right direction. VIII. Public Comments Mr. White updates the committee on the LDC-UDC process which will be effective Monday, September 27th at 12:01 am. These are structural changes to the look and feel of the LDC, not to the actual content. This is available for review on the Community Development website. Ms. Burgeson advises the committee that they will receive new notebooks for the UDC and, if needed, training sessions or workshops can be provided to make them comfortable with the changes. Mr. Sorrell: I have a comment regarding The Mod Waters Project, the culverts under 41. The mandate stated that Mod Waters had to be finished prior to any restoration of the Everglades. They have already filled up canals; they started filling them before they had the permits. Almost all the ditches that used to be on Immokalee Road prior to construction have been blocked off. There are only two that are functioning. Over the weekend we had less than 2 inches of rain and there was water on Wilson Boulevard. The Immokalee Canal no longer flows into the Cocohatchee River. Mr. Chrzanowski: At present we have a contractor,Dick Tomassello, doing a base flood elevation study, the computer model that he generates will tell us how high the water rises with the conditions that are there now. I don't think there are any plans to take that model and re-run it with the improvements. I suppose we could but that would cost a bit of money to do. That would tell us whether or not the improvements (improvements meaning construction) would affect the water flow. Mr. White: The topography in Collier and most of Southwest Florida is very flat. The traditional notion of flow ways is one that is difficult to apply. Mr. Chrzanowski: There is an area called Winchester Head. The county is currently trying to buy it for floodplain compensation. We are getting some resistance to that. When you look at the topography, there is not a doubt in my mind that drains a basin of about 4 square miles. The water just flows and sits in there. If somebody wanted to come in and build, we have to let them. There is no way to stop them and there is no way anybody can dig out anything there for floodplain compensation for that. There is no easy solution. Mr. Hughes: Changing building codes would be the only way to do this. Rather than build platforms if homes are literally on posts, it will allow the flow. 6 July 7, 2004 Mr. Chrzanowski: That may have an impact on FEMA. If your entire grade is a flood zone, you could pay a higher rate. Every time we try to do something there is a reason we should and a reason we shouldn't. Mr. Hughes: By legislating codes, so no one is blind sided, there could be a solution. I know there is no easy answer. Mr. White: As practical as that sounds, we have to remember that there are roads out there that are somewhat elevated and will then act as dykes. Depending upon the amount of volume that you can put through the culverts and pipes, perhaps you can compensate for the amount of sheet flow. Going back to the original plan, there was a canal system that was largely intended to handle this issue. We will have to wait for the results of the computer model and I'm sure economics will drive design solutions. People have the option today to build the very structures you are speaking about (stilt houses) and I suspect that there is a reason why they choose fill. Mr. Carlson: It should be easier here than in other parts of the country with different topography, where you get 6 inches of rain and you have 6 feet of water coming down the valley. Here, if we get 6 inches of rain we have 6 inches of water. It should be easy here, but it's not. Mr. Sorrell: Earlier this year we had enough rain to close four main arteries in this county. Mr. Hughes: I think this should be considered further for alternative, environmentally sensitive design. Mr. Bauer: I think by 2007 if we do not come up with a plan, the state will force people to do something about storm water. IX. Adjournment ***** There being no further business for the good of the County of Collier, the meeting was adjourned by the order of the Chair at 9:56 a.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman Alfred Gal 7 0 CI 7o C cC77O 0 C77y 0 C77o C cn 'bV 0 N < 0 CD O C O O co co O CD O `r w coco a. 2. :."I c� < 'moi n w C ,..,1 n 70 a O ;q a. O 70 .5. 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CU F ' Uky 0 pk p4O x b c a' 0 a) U b b = e, ., a >,•-, 8o 0 a. -1- 0 'gaL di Du 7 o. 4. 0 — Ecp O. 5 44w A2 a a a a V a d tnA � aadd 4gz0 a! dd a 124 o 1 ORIGIN: Community Development and Environmental Services AUTHOR: Russell Webb/David Weeks DEPARTMENT: Zoning and Land Development Review/Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 6:18 LDC/UDC SECTION: old LDC Division 6.3 —Definitions and UDC section 1.08.02 LDC SUPPLEMENT#: Supplement 16 CHANGE: Revising the definition of "density,residential." REASON: The definition does not currently comport with Section 2.03.06 of the Code dealing with development standards in a PUD (Planned Unit Development). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/22/04 at 4:32 p.m. Amend the LDC/UDC as follows: Section 1.08.02 [DIVISION 6.3.] DEFINITIONS density, residential: The number of residential dwelling units permitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way,whether public or private,nor land within a planned unit development district that is to be used for commercial uses,ei industrial uses, or a use that has a residential equivalency, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body(e.g.,ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application,but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6 LDC/UDC SECTION: old LDC Division 6.3 and new LDC/UDC 1.08.02 LDC SUPPLEMENT #: Supplement 18 CHANGE: Removing the language dealing with alteration of existing grade. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/15/04 at 5:18 p.m. Amend the LDC/UDC as follows: 1.08.02 Definitions Building, Zoned height of The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altere to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. Additional Requirements, 8., as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the n height of buildings. See Figure 3. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6 LDC/UDC SECTION: old LDC Division 6.3 and new LDC/UDC 1.08.02 LDC SUPPLEMENT #: N/A CHANGE: Adding a few definitions based on the rewrite of the sign code also in this Cycle. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 7/12/04 at 4:47 p.m. Amend the LDC/UDC as follows: 1.08.02 Definitions Construction sign means a sign erected at a building site that displays the name of the project and identifies the owner, architect, engineer, general contractor, financial institutions and other firms involved with the design or construction of the project. Ground or ground-mounted sign means any sign or other street graphic which is mounted on or supported by uprights or braces in or upon the ground, with such uprights or braces being in close proximity and directly attached in or upon the ground and independent of support of any building, fence or a wall of an accessory building or structure. Pole sign means a sign, independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between 25 percent and 100 percent of the overall sign width. Holiday decoration. An ornate embellishmentplaced specifically for the purpose of celebrating a specific holiday, holiday event or holiday season. Pennant. A piece of fabric or material which tapers to a point or swallow tail, which is attached to a string or wire, either singularly or in series. Project Identification Sign. Shall mean a directional sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A LDC/UDC SECTION: new text(UDC section 1.08.02 -Definitions) LDC SUPPLEMENT#: N/A CHANGE: Adding a new definition for final local development order. REASON: The COA and road impact fee portions of the adequate public facilities provisions mandate a distinct definition. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: section 6.02.00 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Version created on 7/22/04 at 10:02 a.m. Amend the UDC [LDC] as follows: Final local development order (applicable to COA's and adequate public facilities 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. ORIGIN: Community Development&Environmental Services AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2004 LDC PAGE: LDC2:64.5 LDC/UDC SECTION: old LDC section 2.2.16 %2.3. and UDC section 2.03.03 B. LDC SUPPLEMENT#: Supplement 12 and 15 CHANGE: Adding Ancillary Plants as a conditional use in the business park (BP) district. REASON: This is mandated by the interlocal agreement between the BCC and the School Board. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. n GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: All of the other zoning districts were modified in Cycle 3, 2003 based on the interlocal; however, due to an oversight this particular district was not. Amend the LDC/UDC as follows: 2.03.03 B. [Sec. 2.2.16 1/2.] Business park district (BP). 2.2.16 1/2.1. Purpose and intent. The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the Urban Mixed Use, Urban Commercial, and Urban-Industrial Districts of the Future Land Use Element of the Collier County Growth Management Plan. 2.2.16 1/2.2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted primary and secondary uses in the business park district. * * * * * * * * * * * * * 2.2.16 1/2.3. Conditional uses. The following uses are permissible as conditional uses in the (BP)business park district, subject to the standards and procedures established in section 2.7.4. 1. Ancillary Plants. [Note that the conditional uses have been relocated to a table format, so this will have to be incorporated into the Table as opposed to the textual format it was previously in with the old LDC]. (i) LDC Amendment Request ORIGIN: Section 2.2.29.2 AUTHOR: Michelle Edwards Arnold,Director DEPARTMENT: Code Enforcement Department AMENDMENT CYCLE # OR DATE: 2004 Cycle 2 LDC PAGE: LDC2:120.4 LDC/UDC SECTION: old LDC 2.2.29. and UDC section 2.03.07 G. LDC SUPPLEMENT#: Supplement 14 CHANGE: To provide for the utilization of the provisions defined in section 2.03.07 G. [2.2.29] as an abatement alternative stipulated in a compliance or settlement agreement between the County and affected property owner. REASON: Provide an alternative tool to obtain compliance for Non-conforming Mobile Home Parks in Immokalee. FISCAL & OPERATIONAL IMPACTS: Code Enforcement Cases utilizing this provision will be subject to all costs/fees associated with this process as well as the cost for prosecution of the subject case. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: The projects affected by this provision will be deemed legally non-conforming and have no Growth Management Impact. OTHER NOTES: The UDC will be modified to include portions of this Overlay District, which were inadvertently omitted. Amend the UDC [LDC] as follows: 2.03.07 G. [2.2.29] 6. NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102, on October 30, 1991, were deemed to be NONCONFORMING as a result of inconsistencies with the land development code, and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are NONCONFORMING MOBILE HOME PARKS in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative DEVELOPMENT standards in order to cause some upgrading of conditions that would normally be required of conforming MOBILE HOME PARKS. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable STRUCTURE. b. Required site improvement plan application. The property owners of all NONCONFORMING MOBILE HOME developments/parks that were in existence before November 13, 1991, i.e., that predate Ordinance No. 91-102, the land development code, shall be required to submit a site improvement plan (SIP) meeting the standards set forth below by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section, or by the date set forth in a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c. The site improvement plan (SIP) master plan shall illustrate the way existing BUILDINGS are laid out and the infrastructure (i.e. utilities, STREETS, drainage, LANDSCAPING, parking and the like) to serve those BUILDINGS. The number and location of BUILDINGS shall be reviewed for consistency with Code requirements (i.e. setbacks, space between buildings, density, and the like). Similarly, the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The approved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above, will result in a Code violation in which the property owner will be required to immediately remove all MOBILE HOMES which have not received a building permit and all MOBILE HOMES deemed to be unsafe and unfit for human habitation, and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d. For the specific requirements concerning the SIP submission referenced in b. and c. above, see section 10.02.05 F. of this code. /© ORIGIN: Community Development&Environmental Services Division AUTHOR: David Weeks, AICP, Chief Planner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: LDC Cycle 2, 2004 LDC PAGE: N/A - this Section of LDC not yet codified by Municipal Code Corp. (adopted 1/7/04 by Ord. No. 04-08) LDC/UDC SECTION: old LDC section 2.2.2%2.3, Rural Fringe Mixed Use District — Neutral Lands overlay district (RFMUD-Neutral Lands) and UDC 2.03.08 A.3. CHANGE: Add a new Section 2.2.2%2.3.A.3.g., conditional use, for"facilities for the collection, transfer,processing, and reduction of solid waste." REASON: The Rural Fringe GMP amendments adopted June 19, 2002, included this use in the Rural Fringe Mixed Use District, Neutral Lands. When the implementing LDC amendments were adopted January 7, 2004, this use was inadvertently omitted. FISCAL & OPERATIONAL IMPACTS: There will be no fiscal or operational impacts as result of this amendment. RELATED CODES OR REGULATIONS: The Future Land Use Element of the Growth Management Plan (Rural Fringe Mixed Use District, Neutral Lands, in the Agricultural/Rural designation). GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Version created on 7/20/04 at 12:41 p.m. Amend the UDC [LDC] as follows: Sec. 2.03.08 A.3. [2.2.2%2.3.] Neutral Lands. a. ALLOWABLE USES. * * * * * * * * * * * * * (3) CONDITIONAL USES. The following uses are permissible as CONDITIONAL USES subject to the standards and procedures established in section 10.08.00. * * * * * * * * * * * * * 1 , l � (g) Facilities for the collection, transfer, processing, and reduction of solid waste. • 2 �•.� ORIGIN: Community Development&Environmental Services Division AUTHOR: Michele R. Mosca DEPARTMENT: Department of Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2004 LDC PAGE: LDC2:52 LDC/UDC SECTION: old LDC section 2.2.14.2.1.16. and UDC section 2.04.03 CHANGE: Add language to the Commercial intermediate district (C-3) to clarify that a drug store is a permitted miscellaneous retail use and is not subject to a square feet cap. REASON: The existing drug store language in the C-3 commercial zoning district is unclear. The intent of the text in section 2.2.14.2.1.16. is meant to exclude drug stores from being subject to the 5,000 square feet cap and is not meant to exclude drug stores from a use permitted in the zoning district. The miscellaneous uses excluded from this zoning district are those specifically excepted in the parenthetical listing of SIC groups. The SIC code for drug stores (5912) is specifically listed as a permitted use in the parenthetical list of SIC groups and not otherwise excepted. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC/UDC as follows: 2.04.03 [2.2.14.2.1.] Permitted uses. 16. Miscellaneous retail with 5,000 square feet or less of gross floor area; except drug stores, which are exempt from the square feet cap (groups 5912-5963 except pawn shops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). [Note that this provision has been incorporated into zoning district tables in the UDC and thus the table will have to be revised accordingly]. LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Cormac Giblin DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:258 LDC/UDC SECTION: Old LDC section 2.7.7.4. - 2.7.7.7. and UDC section 2.06.04 - 2.06.07 LDC SUPPLEMENT#: Original text CHANGE: Adding a portion of the AHDB provisions that were mistakenly omitted in the recent LDC rewrite. REASON: Unintended omission. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Various. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Version created on July 12, 2004 at 5:22 p.m. Amend the UDC ILDC] as follows: 2.06.04 12.7.7.4.1 Limitations on AFFORDABLE HOUSING density bonus. Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of the AHDB for a DEVELOPMENT: A. AFFORDABLE HOUSING density bonus DEVELOPMENT AGREEMENT required. The AHDB shall be available to a DEVELOPMENT only when an AHDB DEVELOPMENT AGREEMENT has been entered into by the developer/APPLICANT and the BCC, and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution. Amendments to such agreement shall be processed in the same manner as the original agreement. The AHDB DEVELOPMENT AGREEMENT shall include, at a minimum, the following provisions: 1. Legal description of the land subject to the agreement and the names of its legal and equitable owners. 2. Total number of residential DWELLING UNITS in the DEVELOPMENT. 3. Minimum number of AFFORDABLE HOUSING units, categorized by level of household income,type of unit(single-family or multifamily, owner-occupied or rental), and number of bedrooms, required in the DEVELOPMENT. 4. Maximum number of AHDB DWELLING UNITS permitted in the DEVELOPMENT. 5. Gross RESIDENTIAL DENSITY of the DEVELOPMENT. 6. Amount of monthly rent for rental units, or the price and conditions under which an owner-occupied unit will be sold, for each type of AFFORDABLE HOUSING unit in accordance with the definition for each type of AFFORDABLE HOUSING rental unit(moderate, low, and very low). 7. The foregoing notwithstanding, any rent charged for an AFFORDABLE HOUSING unit rented to a low or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar DEVELOPMENT. Comparable market rate means the rental amount charged for the last market rate dwelling unit of comparable square footage, amenities, and number of bedrooms, to be rented in the same DEVELOPMENT. 8. No AFFORDABLE HOUSING unit in the DEVELOPMENT shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as moderate, low, or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. 9. No AFFORDABLE HOUSING unit that is to be sold, leased with option to purchase, or otherwise conveyed in the DEVELOPMENT shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as moderate, low, or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable; therefore, any person who buys an AFFORDABLE HOUSING unit must agree, in a lien instrument to be recorded with the clerk of the circuit court of Collier County, Florida, that if he sells the property(including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10. For example, a person originally buys a designated AFFORDABLE HOUSING unit(a house) for$60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of$76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of$3,423.00. The seller would then owe the county$1,711.50 (one-half of$3,423.00). Payment of this amount would release the first owner from the recorded lien against the property. Such payment shall be maintained in a segregated fund, established by the county solely for AFFORDABLE HOUSING purposes, and such money shall be used solely to encourage, provide for, or promote AFFORDABLE HOUSING in Collier County. 11. No AFFORDABLE HOUSING unit in any BUILDING or STRUCTURE in the DEVELOPMENT shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 12. When the developer advertises,rents, sells or maintains the AFFORDABLE HOUSING unit, it must advertise,rent, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such AFFORDABLE HOUSING unit. The developer shall agree to be responsible for payment of any real estate commissions and fees. The AFFORDABLE HOUSING units in the DEVELOPMENT shall be identified on all BUILDING plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular AFFORDABLE HOUSING unit or units,which units in the DEVELOPMENT are designated as AFFORDABLE HOUSING units. 14. The square footage, construction and design of the AFFORDABLE HOUSING units shall be the same as market rate DWELLING UNITS in the DEVELOPMENT. 15. The AHDB agreement and authorized DEVELOPMENT shall be consistent with the growth management plan and land DEVELOPMENT regulations of Collier County that are in effect at the time of DEVELOPMENT. Subsequently adopted laws and policies shall apply to the AHDB agreement and the DEVELOPMENT to the extent that they are not in conflict with the number, type of AFFORDABLE HOUSING units and the amount of AHDB approved for the DEVELOPMENT. 16. The AFFORDABLE HOUSING units shall be intermixed with, and not segregated from, the market rate DWELLING UNITS in the DEVELOPMENT. 17. The conditions contained in the AHDB DEVELOPMENT AGREEMENT shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. 18. The AHDB DEVELOPMENT AGREEMENT shall be recorded in the official records of Collier County, Florida, subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 19. Each AFFORDABLE HOUSING unit shall be restricted to remain and be maintained as the type of AFFORDABLE HOUSING rental unit (moderate, low or very low income) designated in accordance with the AHDB DEVELOPMENT AGREEMENT for at least 15 years from the issuance of a certificate of occupancy for such unit. 20. The developer and owner of the DEVELOPMENT shall provide on-site management to assure appropriate security, maintenance and appearance of the DEVELOPMENT and the DWELLING UNITS where these issues are a factor. B. Compliance with growth management plan and land DEVELOPMENT regulations. The AHDB shall be available to a DEVELOPMENT only to the extent that it otherwise complies and is consistent with the GMP and the land DEVELOPMENT regulations, including the procedures, requirements, conditions and criteria for planned unit DEVELOPMENTS (PUDs) and rezonings,where applicable. C. Minimum number of AFFORDABLE HOUSING units. The minimum number of AFFORDABLE HOUSING units that shall be provided in a DEVELOPMENT pursuant to this section shall be ten AFFORDABLE 0 HOUSING units. D. Nontransferable. The AHDB is not transferrable between DEVELOPMENTS or properties. E. Phasing. In the case where a DEVELOPMENT will occur in more than one phase, the percentage of AFFORDABLE HOUSING units to which the developer has committed for the total DEVELOPMENT shall be maintained in each phase and shall be constructed as part of each phase of the DEVELOPMENT on the property. For example, if the total DEVELOPMENT'S AHDB is based on the provision of ten percent of the total DWELLING UNITS as AFFORDABLE HOUSING rental units for low income households with two bedrooms per unit, then each phase must maintain that same percentage (ten percent in this case) cumulatively. 2.06.05 12.7.7.5.E AFFORDABLE HOUSING density bonus monitoring program. A. Annual progress and monitoring report. The AHDB for a DEVELOPMENT shall be subject to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or his designee with an annual progress and monitoring report regarding the delivery of AFFORDABLE HOUSING rental units throughout the period of their construction, rental and r-� occupancy for each of the developer's DEVELOPMENTS which involve the AHDB in a form developed by the County Manager or his designee. The annual progress and monitoring report shall, at a minimum,require any information reasonably helpful to ensure compliance with this section and provide information with regard to AFFORDABLE HOUSING in Collier County. To the extent feasible, the County Manager or his designee shall maintain public records of all DWELLING UNITS (AHDB and AFFORDABLE HOUSING units) constructed pursuant to the AHDB program, all AFFORDABLE HOUSING units constructed pursuant to the AHDB program, occupancy statistics of such DWELLING UNITS, complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, a list of those persons who have participated as tenants or buyers in the AHDB program, and such other records and information as the County Manager or his designee believes may be necessary or desirable to monitor the success of the AHDB program and the degree of compliance therewith. Failure to complete and submit the monitoring report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. B. Income verification and certification. t o., 1. Eligibility. The determination of eligibility of moderate, low, and very low income families to rent or buy and occupy AFFORDABLE HOUSING units is the central component of the AHDB monitoring program. Family income eligibility is a three-step process: (1) submittal of an application by a buyer or tenant; (2)verification of family income; and(3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant being qualified as an eligible family to rent or purchase and occupy an AFFORDABLE HOUSING unit pursuant to the AHDB program. No person shall occupy an AFFORDABLE HOUSING unit provided under the AHDB program prior to being qualified at the appropriate level of income (moderate, low or very low income). 2. The developer shall be responsible for accepting applications from buyers or tenants,verifying income and obtaining the income certification for its DEVELOPMENT which involves AHDB, and all forms and documentation must be provided to the County Manager or his designee prior to qualification of the buyer or tenant as a moderate, low or very low income family. The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer or tenant, the developer shall provide to the County Manager or his designee, at a minimum,the application for AFFORDABLE HOUSING qualifications including the income verification form and the income certification form, and the purchase contract, lease, or rental agreement for that qualified buyer or tenant. At a minimum, the lease shall include the name, address and telephone number of the head of household and all other occupants, a description of the unit to be rented, the term of the lease, the rental amount, the use of the premises, and the rights and obligations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. 3. Application. A potential buyer or tenant shall apply to the developer, owner, manager, or agent to qualify as a moderate, low, or very low income family for the purpose of renting and occupying an AFFORDABLE HOUSING rental unit pursuant to the AHDB program. The application for AFFORDABLE HOUSING qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. 4. Income verification. The County Manager or his designee or the developer shall obtain written verification from the potential occupant(including the entire household)to verify all regular sources of income to the potential tenant(including the entire household). The written verification form shall include, at a minimum,the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of pay,bonuses, tips and Cpg° commissions and a signature block with the date of application. The n verification may take the form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days,provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. 5. Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer or tenant(including the entire household)prior to sale or rental and occupancy of the AFFORDABLE HOUSING unit by the owner or tenant. Income certification that the potential occupant has a moderate, low, or very low household income qualifies the potential occupant as an eligible family to buy or rent and occupy an AFFORDABLE HOUSING unit under the AHDB program. The income certification shall be in a form provided by the County Manager or his designee. 2.06.06 12.7.7.6.1 Violations and enforcement. A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell or occupy, an AFFORDABLE HOUSING rental unit provided under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or his designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or his designee by certified return receipt requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed and dated by the County Manager or his designee or such other county personnel as may be authorized by the BCC, shall specify the violation or violations, shall state that said violation(s) shall be corrected within ten days of the date of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation, the County Manager or his designee shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of these regulations, or subsequent amendments thereto, violated, name of the County Manager or his designee, and date and time when the violator shall spear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed$500.00 per violation or by imprisonment in the county jail for a term not to exceed 60 days, or by both,pursuant to the provisions of F.S. § 125.69. Such person also shall pay all costs, including reasonable attorneys fees, including those incurred on appeal, involved in the case. Each day such violation continues, and each violation, shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above, Collier County and the County Manager or his designee shall have full power to enforce the terms of this section and any AHDB DEVELOPMENT AGREEMENTS,rezoning conditions or stipulations, and planned unit DEVELOPMENT (PUD) conditions and stipulations pursuant to this section and the rights,privileges and conditions described herein, by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the DEVELOPMENT shall be withdrawn and the sanctions or penalties provided in the AHDB DEVELOPMENT AGREEMENT shall be pursued to the fullest extent allowed by law. i—. 2.06.07 [2.7.7.7.1 Liberal construction and severability. A. Liberal construction. The provisions of this section shall be liberally construed to effectively carry out its intent and purpose in the interest of the public health, safety,welfare and convenience. B. Severability. If any section, phrase, sentence or portion of this section is for any reason held invalid for] 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. n LDC Amendment Request ORIGIN: Community Development and Environmental Services Department AUTHOR: Susan Mason/Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: 3:106.7 LDC/UDC SECTION: old LDC 3.5.11.3.1 and UDC section 3.05.10 C. LDC SUPPLEMENT#: 16 CHANGE: The proposed amendment clarifies how properties with lakes approved under less effective requirements having littoral zones that are no longer functioning will gain compliance. The new language requires an assessment of the reason for noncompliance as opposed to the existing language where the assessment is only discretionary. REASON: Lakes permitted prior to the LDC amendment creating Littoral Planting Shelf Areas (LPSAs) were constructed with 4:1 slopes. In many situations, these steep slopes do not allow for survival or functioning of the required littoral plants. The proposed amendment would remove confusing language and clearly state how lakes where littoral areas are not functioning and are not in compliance will come into compliance. Although the current LDC section lists specific criteria that shall be followed for these types of situations, the use of the word "may" in the introductory sentence is contradictory to the intent of this section, which was intended to specifically require that the subsequent criteria be met for previously approved projects that no longer have functioning littoral shelves. Since this is inconsistent with the intent of the section, staff recommends that"may"be replaced with"shall" in the first section in order to be consistent with the subsequent criteria. FISCAL & OPERATIONAL IMPACTS: This proposed change will not require any additional staff time since staff would still be involved in processing a compliance case for projects where the required littoral zones are no longer functioning. Staff estimates that the required assessment will require approximately 20 to 40 hours to complete. At $75 per hour, the cost of the assessment would be in the range of$1,500 to $3,000. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Consistent with Policy 6.1.7 of the Conservation and Coastal Management Element. Draft - 6-19-04 OTHER NOTES/VERSION DATE: Version created on 7/8/04 at 10:41 a.m. Amend the UDC [LDC] as follows: 3.05.10 C. [3.5.11.3] Application to existing lakes. All previously approved projects shall meet the Operational requirements requited set out in 3.05.10 B. [3.5.11.2] above. 3.05.10 C.1. [3.5.11.3.1] Projects approved and constructed according to previous standards may have to shall meet the new standards if the littoral shelves are no longer functioning, subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; b. The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.05.10 A.3. [3.5.11.1.3.] The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2. [3.5.11.1.2.] c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.05.10 A.4. [3.5.11.1.4] shall not be required. d. Plant selection and specifications shall conform to 3.05.10 A.5. [3.5.11.1.5]; e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6. [3.5.11.1.6.] Draft - 6-19-04 E-52-1L-11) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 2:27 LDC/UDC SECTION: old LDC section 2.2.5.4.4. and UDC 4.02.01 A. (Table 2) LDC SUPPLEMENT#: Supplement 9 CHANGE: Changing the building height in the RMF-6 Zoning District from 3 habitable floors to 35 feet. REASON: To maintain consistency with the building heights in the other zoning districts, which are all measured in feet and not by habitable floors. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: old LDC 6.3 and UDC 1.08.02 - definition of building height GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/28/04 at 11:48 a.m. Amend the LDC/UDC as follows: 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the PRINCIPAL BUILDING on each site. * * * * * * * * * * * * * Table 2. BUILDING Dimension Standards for Principle Uses in Base Zoning Districts. Minimum Maximum Distance Minimum Floor Area BUILDING Between of BUILDINGS FLOOR AREA Zoning Height (feet) BUILDINGS (square feet) RATIO (%) District GC 35 None None None A 35 None 550 None E 30 None 1,000 None 1-story 2-story RSF-1 35 None 1,500 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF-4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF-6 35 None 600 800 None RMF-6 Three (3) A 750 None heers r-N 35 _. RMF-12 50 A Efficiency 450 None 1 BR 600 2+BR 750 RMF-16 75 A Efficiency 450 None j 1 BR 600 2+BR 750 RT 10 stories, not to 300 exceed 100' A (max. for hotel units= None 500') VR S.F. 30 None MH 30 None Duplex30 None None None M.F. 35 B MH 30 None None None TTRVC 30 10 None None C-1 35 None 1,000 (ground floor) None C-2 35 A 1,000 (ground floor) None C-3 50 None 700 (ground floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination resort .80 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None P C None None None CF Towers/antennas D 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts A= 50% of the sum of the heights of the BUILDINGS,but not less than 15 feet. B = 50% of the sum of the heights of the BUILDINGS. C=BUILDINGS within 100 feet of an adjoining district are limited to the height of the most restrictive of an adjoining district. D= 50% of the sum of the heights of the BUILDINGS,but not less than 25 feet. �� r ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:162.3 LDC/UDC SECTION: LDC section 2.4.7.6. and UDC section 4.06.01 E.3. LDC SUPPLEMENT #: 17 CHANGE: Require certification of installed landscapes. REASON: Needed to ensure compliance with landscape plan. FISCAL & OPERATIONAL IMPACTS: There will be a minor hourly cost to send the designer out to the site to ensure compliance with the approved plan. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC as follows: 4.06.01 E.3 [new section] Landscape pre-installation certificate. The LANDSCAPE architect shall perform a pre-installation inspection. The locations of trees and shall be staked out by the landscape contractor prior to such meeting and subsequently reviewed by the landscape architect and landscape contractor. The landscape architect shall 3`verify that tree locations do not conflict with underground utilities, water and sewer lines, overhead power lines and site lighting poles, sidewalks, paved areas and buildings. The Landscape Architect shall also verify that the quality of trees are Florida # 1. Insubstantial changes to an approved landscape plan shall be approved through the Insubstantial Change process. 0:2-(?(‘ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2:161 and 2:162 LDC SECTION: 2.4.7.4. LDC SUPPLEMENT#: 17 CHANGE: Add the descriptive words to "Table 2.4 Table of Buffer Requirements". REASON: To clarify. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 2.4.4.4. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.02 C. [2.4.7.4.] * * * * * * * * * * * * * TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICATIONS Adjacent Properties Zoning District and/or Property Use Subj e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ct Prope rty's Distri ct/Us Cal-D1 1. - BBB BB A A A AD A - A Agric ulture (Al) 2. A A B B B B B C B * D B - C Resid ential (E, RSF) singl e- famil Y 3. A B AN A B B B B * D B - C Resid ential (RM F-6, RMF -12, RMF -16) multi famil Y 4. A B A ABB A B B * D B - B Resid ential touris t (RT) 5. A ABB A B B B B * D B - B Villa ge resid ential (VR) 6. A B B B B A B B B * D B B B Mobi le home (MH) 7. A B B B B B A A A * D B BB n Corn merci a13 (C-1, C- 1/T, C-2, C-3, C-4, C-5); Busin ess Park (BP) 8. A CBBBB A A2 A * D B BB Indus trial2 (I) 9. A B BB BB A A A * D B - C Publi c use (P), corn muni tY facilit Y (CF), Golf Cour se Club house Ame nity Cente r 10. * * * * * * * * * * D * Plann ed unit devel opme nt (PUD 11. D D D D D D D D D D - B - D Vehi cular rights -of- way 12. B B B B B B B B B B B ABC Golf cours e maint enanc e BUI LDI NG 13. - - - - - - - - - - - B - C Golf cours e 14. A CCBBBBB C * D C C D Auto mobi le servi ce statio n e. The letter listed under "ADJACENT Properties Zoning District and/or Property Use" shall be the LANDSCAPE BUFFER and screening alternative required. Where a conflict exists between the BUFFER required by zoning district or property use, the more stringent BUFFER shall be required. The "-" symbol shall represent that no BUFFER is required. The PUD district BUFFER, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the LANDSCAPE BUFFER and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the BUFFERING requirements and the YARD requirements of this Code, the YARD requirements of the subject zoning district shall apply. 'BUFFERING in agriculture (A) districts shall be applicable at the time of site DEVELOPMENT PLAN (SDP) submittal. 2Industrial (1) zoned property, where ABUTTING industrial (I) zoned property, shall be required to install a minimum five- foot-wide type A LANDSCAPE BUFFER ADJACENT to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter BUFFERS only. This reduction in BUFFER width shall not apply to BUFFERS ADJACENT to vehicular RIGHTS-OF-WAY or nonindustrial zoned property. 3BUFFER areas between commercial OUTPARCELS located i-. within a SHOPPING CENTER may have a shared BUFFER 15 feet wide with each ADJACENT property contributing 7.5 feet. This does not apply to RIGHT-OF-WAY BUFFERS. f. Refer to section 5.05.05 for AUTOMOBILE SERVICE STATION landscape requirements. a:5. Business Parks A 25-foot wide LANDSCAPE BUFFER shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, BERM, or BERM/wall combination. b 6. BUFFERING and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE #OR DATE: 2004 Cycle II LDC PAGES: 2:161 and 2:162 LDC SECTION: Old LDC section 2.4.7.4. and UDC section 4.06.02 C. LDC SUPPLEMENT#: 17 CHANGE: Relocation of Type D Landscape Buffer hedge criteria from section 4.06.05 C.4. [2.4.4.4.] Shrubs and Hedges to Section 4.06.02 C. [2.4.7.4.] Types of Buffers. Add container sizes to hedge descriptions. REASON: To relocate hedge language to the appropriate area of the Code and to properly specify plant sizes. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 2.4.4.4. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.02 C. [2.4.7.4.] 4, Types of BUFFERS. Within a required BUFFER strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide LANDSCAPE BUFFER with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year LANDSCAPE BUFFER six feet in height, which may include a wall, fence, hedge, BERM or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a n maximum four feet on center at planting. 3. Alternative C: 20-foot-wide, opaque within one year, LANDSCAPE BUFFER with a six-foot wall, fence, hedge, or BERM, or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate NEIGHBORHOOD CENTER district shall be exempt from the RIGHT-OF-WAY requirement of a six-foot wall, fence, hedge, BERM or combination thereof. These projects shall provide a meandering Type D LANDSCAPE BUFFER hedge. In addition, a minimum of 50 percent of the 25-foot wide BUFFER area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A LANDSCAPE BUFFER shall be required ADJACENT to any road RIGHT-OF-WAY external to the development project and ADJACENT to any primary ACCESS roads internal to a commercial development. Said LANDSCAPE BUFFER shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter LANDSCAPE BUFFER shall vary according to the ultimate width of the ABUTTING RIGHT-OF-WAY. Where the ultimate width of the RIGHT-OF-WAY is zero to 99 feet, the corresponding LANDSCAPE BUFFER shall measure at least ten feet in width. Where the ultimate width of the RIGHT-OF-WAY is 100 or more feet, the corresponding LANDSCAPE BUFFER shall measure at least 15 feet in width. DEVELOPMENTS of 15 acres or more and DEVELOPMENTS within an activity center shall provide a perimeter LANDSCAPE BUFFER of at least 20 feet in width regardless of the width of the RIGHT-OF-WAY. Activity center RIGHT-OF-WAY BUFFER width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the LANDSCAPE BUFFER ABUTTING a RIGHT-OF-WAY or primary ACCESS road internal to a commercial development. b. A continuous three gallon double row hedge spaced 18 to 36 inchca three feet on center and of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the LANDSCAPE BUFFER where vehicular areas are ADJACENT to the road RIGHT-OF- WAY, pursuant to section 4.06.05 C.4. [relocated from 4.06.05 C.4.] c. Where a fence or wall fronts an ARTERIAL or COLLECTOR ROAD as described by the transportation circulation element of the growth management plan, a continuous three gallon single row hedge a minimum of 24 inches in height spaced three feet on center, shall be planted along the RIGHT-OF- WAY side of the fence. The required trees shall be located on the side of the fence facing the RIGHT-OF-WAY. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile,molding and wrought iron. d. The remaining area of the required LANDSCAPE BUFFER must contain only existing NATIVE VEGETATION, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing NATIVE VEGETATION in these areas. II ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2.152 LDC/UDC SECTION: Old LDC section 2.4.5.2. and UDC section 4.06.03 B.1. LDC SUPPLEMENT #: 17 CHANGE: Require a curb with a footer around landscape islands. REASON: To minimize pavement damage around landscape islands by directing tree roots deeper into the ground. FISCAL & OPERATIONAL IMPACTS: It will cost an additional $ 1.50 to $2.50 per lineal foot more than the cost of valley curb. RELATED CODES OR REGULATIONS: Old LDC section 2.4.7.4. and UDC section 4.06.02 C.1. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC/UDC as follows: UDC 4.06.03 B.1. [2.4.5.2.] Landscaping required in interior of VEHICULAR USE AREAS. At least ten percent of the amount of VEHICULAR USE AREA on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior landscaped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape plans. (57) All rows of parking spaces shall contain no more than ten parking spaces uninterrupted by a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. All rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each terminal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Type D curbing is required around all landscape islands. Lay on curbing shall not be permitted. A terminal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A terminal island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the terminal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. 2 �� ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:155 LDC/UDC SECTION: Old LDC section 2.4.6.1. and UDC section 4.06.05 A.1. LDC SUPPLEMENT#: 17 CHANGE: Create a new standard for establishing the minimum number of trees required on a single family home site. REASON: Many single family home sites are too small to accommodate the current requirement of two canopy trees per lot. FISCAL & OPERATIONAL IMPACTS: There will be a small reduction in cost of trees for smaller lots, approximately$ 150 per lot. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Joe Schmitt requested that the terms "Development Services" and "Transportation Department" be changed to "Community Development and Environmental Services Division" and "Transportation Division" respectively. Amend the LDC/UDC as follows: 4.06.05 A. [Sec. 2.4.6.] A. Landscaping requirements for residential developments Landscaping for all new DEVELOPMENT, including single-family, two-family, multifamily and MOBILE HOME DWELLING UNITS, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E.1. [subsection 2.4.4.11.]. Trees shall meet the requirements of section 4.06.05 C.2. [2.4.4.2.]. Existing residential development that does not meet the minimum landscaping requirements of this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 4.06.05 A.1. [2.4.6.1.] Residential DEVELOPMENTS. One canopy tree per 3,000 square feet of LOT area, or two canopy trees per LOT, whichever is greater, with pervious OPEN SPACE per LOT. Lakes and wet detention areas shall not be counted towards this requirement. tThe maximum number required: 15 trees per LOT. a. Where a single family DEVELOPMENT has a street tree program and lots of less than 3,000 square feet of pervious OPEN SPACE, STREET trees located directly in front of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the Community Development and Environmental Services Division for review and approval and RIGHT-OF-WAY permits, if required shall be obtained from the Transportation Division. L� � ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:156 LDC/UDC SECTION: Old LDC section 2.4.6.6. and UDC section 4.06.05 B.4. LDC SUPPLEMENT#: Supp. 17 CHANGE: The first change is to restate the building perimeter landscape requirements more clearly. The second change is added language to accommodate water front buildings. REASON: The first change is so as to understand that section 4.06.05 B.5. [2.4.6.7.] has additional requirements to those outlined in section 4.06.05 B.4. [2.4.6.6.]. The second change accounts for the open space provided by a water body. When a site is developed adjacent to it, the required perimeter landscape buffer and the required building perimeter landscaping areas and materials may overlap each other. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC/UDC as follows: 4.06.05 B.4. [2.4.6.6.] BUILDING foundation planting areas. All SHOPPING CENTER, retail, office, apartments, CONDOMINIUMS, clubhouses and similar uses must provide BUILDING foundation plantings in the amount of ten percent of proposed BUILDING ground level FLOOR AREA. These planting areas must be located ADJACENT to the primary public BUILDING entrance(s) and/or primary STREET elevation. Planting areas slid must consist of landscape areas,raised planters or planter boxes that are a minimum of five-feet wide except as required by section 4.06.05 B.5. f2.4.6.7.] below. These areas must be landscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas must not be a part of this planting area. Parking LOT islands will not count towards this requirement. 1 � . 4.06.05 B.5. [2.4.6.7.] BUILDING foundation planting requirements for tall BUILDINGS greater than 3 stories or_ more in height; and/or section 5.05.08[Division 2.8] BUILDINGS with a footprint greater than 20,000 square feet and/or parking garage STRUCTURES. Notc: BUILDINCS subject to the a. The minimum width of BUILDING foundation planting areas must be measured from the base of the BUILDING and must relate to the ADJACENT BUILDING'S wall height as herein defined as follows: Adjacent BUILDING'S Wall Height: Foundation Planting Width (contiguous around perimeter of BUILDING excluding points of ingress and egress): BUILDING wall height less than 35 10 feet._ feet BUILDING wall height between 35 15 feet feet and 50 feet. BUILDING wall height greater than 50 20 feet. feet. b. Sites located adjacent to a permanent water body such as a canal, lake,bay or gulf may incorporate the required landscape buffer width into the building perimeter landscape buffer width. c. Trees required bythis section must be of an installed size relatingto the ADJACENT BUILDING'S wall height, as defined below: BUILDING'S Minimum Tree Minimum Tree MinimumPalm Wall Height Height (feet) Tree Container Height(feet) (feet) Canopy Size Spread (gallons) (feet) 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 ORIGIN: Community Development and Environmental Services n AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2:144 LDC SECTION: Old LDC section 2.4.4.2. and UDC 4.06.05 C.2. LDC SUPPLEMENT#: 17 CHANGE: Make the minimum code size tree one size (instead of the two sizes currently required). REASON: To simplify the requirements, a one size tree — a 10 foot height tree has been selected as opposed to the old requirement of two trees sizes of 8 foot and 10 foot height. FISCAL & OPERATIONAL IMPACTS: A typical 10 foot height costs $ 50 to $60 more than a typical 8 foot height tree. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.05 C.2. [2.4.4.2.] Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees ADJACENT to walkways, bike paths and RIGHT'S-OF-WAY shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code- required trees, at least 50 percent of the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. The remaining code requir te,es, at the time of installation, shall be at least T , ELCD II ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGES: 2.144 and 2:144.1 LDC/UDC SECTION: Old LDC section 2.4.4.4. and UDC section 4.06.05 C.4. LDC SUPPLEMENT#: 17 CHANGE: This language has been revised to acknowledge the different heights of required shrubs and hedges. In addition the plant spacing has been relocated to a more appropriate section of the code: Section 2.4.7.4. Types of buffers. REASON: Simplify the code language. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Old LDC section 2.4.7.4. and UDC section 4.06.02 C.1. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC/UDC as follows: 4.06.05 C.4. [2.4.4.4.] Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum of 24 inches in height specified in Section 4.06.02 C.1. [2.4.7.4.] except where STREET visibility is required and where pedestrian ACCESS is provided. Shrubs and hedges shall screen above the ADJACENT pavement surface or developed property required to be BUFFERED and/or screened_when measured at time of planting, grown in a three gallon container, and be spaced 18 to 36 inches on center. They ADJACENT pavement required to be BUFFERED and/or screened in perpetuity, except for visibility at intersections and where pedestrian sO ACCESS is provided. Hedges, where required, shall be-planted-in-double staggered rows and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. Whoro rows of hedges shall bo roquircd only in type D BUFFERS. ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:140. LDC/UDC SECTION: Old LDC section 2.4.3.5. and UDC section 4.06.05 G. LDC SUPPLEMENT #: 17. CHANGE: Add language to the landscape code specifying the distance a large canopy tree must be planted from a building or sidewalk. REASON: This is in response to the complaints from Homeowners Associations who are complaining about having to address trees that are uplifting sidewalks and creating liability. FISCAL & OPERATIONAL IMPACTS: It cost $1.50 per L.F. of 6"x12" concrete barrier; and approximately$ .50 to $ 2.50 more than one L.F. of type D curbing. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDC/UDC as follows: 4.06.05 G. [Sec. 2.4.3.5]. Installation and selection requirements for plant materials. 1. Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under [subsections 2.4.3.1 and 2.4.3.2.] Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. [2.4.4.]. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil before planting. A plant's growth habit shall be @2).- considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, sidewalks, BUILDINGS, circulation, etc.). Trees shall not be placed where they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and BUILDINGS. Small canopy trees shall be planted in small spaces having limited canopy space and root space. Large canopy trees such as Live Oak trees shall be planted a minimum of 15 feet from a BUILDING. Large canopy trees that are planted closer than 15' to a building or within 10' of a sidewalk, paved area or underground utility shall provide root barrier, structural soils or other acceptable method of protection extending within 20 feet of such BUILDING, SIDEWALK, paved area or underground utility. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot /pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree. (See Figure x below). Do this � - 00, Site Light Pole (typ.) 111*.A• 0111 11.0 O t do this • 1110 • to, COMPATIBLE TREE AND LIGHTING DESIGN Figure X Compatible Tree and Lighting Design 3. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. 5. All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a SUBDIVISION development shall be guaranteed by a SUBDIVISION completion bond in accordance with Chapter 10 governing the final platting of SUBDIVISION. 6. All required landscaping shall be maintained in a healthy condition in n perpetuity as per the approved BUILDING and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the APPLICANT have prevented immediate installation, the planning services director, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions permit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions permit, then the county may revoke the certificate of occupancy. LDC Amendment Request ORIGIN: Solid Waste Management AUTHOR: Denise Kirk DEPARTMENT: Solid Waste Management AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:188.4 LDC/UDC SECTION: old LDC section 2.16.15. LDC SUPPLEMENT#: Supplement 17 CHANGE: Adding recycling receptacle requirement. REASON: To enhance community character by addressing garbage and recycling receptacles. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 9.04.00 (Variances) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: The Ordinance number will need to be incorporated into the language as soon as it becomes available. Amend the LDC/UDC as follows: 5.03.04 [Sec. 2.6.15.] Dumpsters and Recycling. SOLID WASTE disposal and recycling (Ordinance No. 04-XX) shall be required in the form of bulk container service (garbage and recycling dumpsters and/or compactors receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside garbage and recycling pickup. SOLID WASTE disposal and recycling shall be required in the form of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or 5 garage for the storage of individual SOLID WASTE containers, or as otherwise permitted below. A. Trash container location requirements. 1. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. 2. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve (unless a compactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. B. ACCESS to trash containers. The ACCESS approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the ADJACENT travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length ADJACENT to the container. C. Container quantities. In the case of multi-family DEVELOPMENTS and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. :5 Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for each standard garbage dumpster contained inside. with a separate area for recycling receptacles enclosed by vegetative screening. An alternative is an enclosure with minimum internal dimensions of twelve (12) by twenty-four (24) feet for no less than two standard receptacles contained inside (one for garbage and one for recycling). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a devise device to hold them open. E. Container screening. Except as noted below, all suers receptacles shall be screened on at least three (3) sides from view of ADJACENT property owners and from ADJACENT STREETS on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on ADJACENT STREETS remains unobstructed. Screening may be exempted: 1. In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2. In A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3. During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable. F. Compactors. Multi-family DEVELOPMENTS may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units (CONDOMINIUMS), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family DEVELOPMENTS containing more than one STRUCTURE, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to three (3)by twelve (12) feet. CDS'"?t 3 G. Curbside pickup. The Utility Billing & Customer Service Director, or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi- family DEVELOPMENTS provided that the following criteria are met. Multi- family rental units must provide dumpsters or a compactor. CONDOMINIUM DEVELOPMENTS may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service Department that: 1. The subject CONDOMINIUM association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the DEVELOPMENT, 2. There is adequate ACCESS to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential STRUCTURE, such as a carport or garage, for the storage of individual SOLID WASTE containers. H. Non-Compliance. In the event that an existing property owner experiences a Substantial Hardship, as defined in Ordinance No. 2004-XX, Section 5(DD), or if due to specific site conditions Ordinance No. 2004-XX, Section 17(B), is unable to conform with the provisions contained herein, the property owner, or his designee, shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-XX, Section 17(A) and(B). The process for requesting an administrative variance shall be as follows: 1. Complete an administrative variance form, which is available from the Utility Billing & Customer Service Department, at the Utility Billing & Customer Service office, or by downloading the form from the County Website (www.colliergov.net). 2. Deliver the form to the Utility Billing & Customer Service Department along with all requested information. 3. Within five business days of receiving the administrative variance form, the Utility Billing & Customer Service DepaLtrnent, as designated by the County Manager, will contact the property owner, or his designee to review the administrative variance request. 4. The Utility Billing & Customer Service Department and the property owner, or his designee shall jointly develop a solution that complies with Ordinance No. 2004-XX and meets the intent of this section 5.03.04 of the Collier County Land Development Code. 5. If the Utility Billing & Customer Service Department and the property owner, or his designee, are unable to resolve the conflict, the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. �� J ORIGIN: Community Development &Environmental Services Division AUTHOR: Carolina Valera,Urban Design Planner, Architectural Standards Review Committee DEPARTMENT: Zoning and Land Development Review LDC PAGE (S): LDC2:264-313 LDC SECTION: old LDC Division 2.8. Architectural and Site Design Standards and UDC 5.05.08. CHANGE: This is comprehensive rewrite of the entire Division/Section. REASON: This is the first comprehensive review of this Division/Section, since its adoption in 1996. Changes include: reorganization, to make it more user- friendly, including transferring regulations related to landscaping,parking, and fencing to the appropriate sections of the LDC; providing for more flexibility in implementing the standards by expanding application of the administrative approval of deviations from specific standards; adding new ,.1 standards in place of requirements that proved to be ineffective in achieving stated purpose and intent of the standards; adding new standards to respond to new development pressures that result in taller buildings and multi-story garages;proposing separate standards for specific building types; and house keeping changes to clarify existing language, and eliminate discrepancies. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: old LDC Section 2.3.4. and UDC 4.05.04 - Off-street vehicular facilities: design standards, old LDC Division 2.4. and UDC 4.06.00 and Ch. 10 - Landscaping and Buffering, old LDC Section 2.6.11. and UDC 5.03.02 -Fences, old LDC Section 2.6.15. and UDC 5.03.04 - Solid waste disposal. Old LDC Division 6.3. and UDC section 1.08.02 —Definitions. GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: This amendment is proposed to replace the current architectural design standards Division/Section and therefore the current LDC language is not included herein with the usual strikethroughs. This would be unnecessarily cumbersome. Also, all of the cross- references throughout the Code to specific sections within the Architectural standards will have to be modified to comport with this rewrite. Susan Murray requested various changes to the document, which are highlighted throughout. Amend the UDC as follows: SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS TABLE OF CONTENTS: A. Purpose and intent. B. Applicability. 1. Zoning districts. 2. Non-residential buildings. 3. New buildings and projects. 4. Renovations and redevelopment. 5. Discontinuance. 6. Required site development or improvement plan. Gl C. Building design standards. 1. Purpose and intent. 2. Building Facades. 3. Primary facade standards. 4. Facade/wall height transition. 5. Variation in massing. 6. Project standards. 7. Window standards. 8. Overhead doors. 9. Detail features. 10. Outparcels and freestanding buildings within unified plan of development. 11. Roof treatments. 12. Awning standards. 13. Entryways/customer entrance treatments. 14. Materials and colors. D. Design standards for specific building types. 1. Standardized prototype buildings. 2. Self-storage facilities. 3. Mercantile. 4. Automobile service stations. 5. Hotel/motel. 6. Warehousing/distribution. 7. Industrial/factory buildings. 8. Parking structures. 9. Outside play structures. E. Site Design standards. 1. Off street parking design. 2. Pedestrian pathways. 3. Service function areas and facilities. 4. Fencing standards. 5. Drive-through windows standards. 6. Lighting. 7. Water management areas. F. Deviations and Alternate Compliance. G. Exceptions. SECTION 5.05.08. ARCHITECTURAL AND SITE DESIGN STANDARDS A. Purpose and Intent. 1. The purpose of these standards is to supplement existing development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of Architecture. The development of a positive, progressive ~ and attractive community image and sense of place is vital to the economic health and vitality of Collier County. 2. Among the recurring details that are present in the architecture of Collier County are elements of Mediterranean design employing sloped barrel tile roofs, arcades and stucco; Old Florida design with wide verandas, metal roofs and lap siding; Modern International; and various traditional historic references to Colonial, Bermuda and Island forms. While architectural embellishments are not discouraged, emphasis on scale, massing, form-function relationships, and relationship of the building or buildings to the site and surrounding context is strongly encouraged. Recognition of the environment and climate present in Collier County must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged. 3. These standards and guidelines are intended to result in a comprehensive plan for building design and site development consistent with the goals, policies and objectives of the Collier County Growth Management Plan ("GMP") and the purpose and intent of the Land Development Code ("LDC"). These regulations are intended to promote the use of crime prevention through site design principals, including visibility-site lines for law enforcement as well as the general public. B.Applicability. 1. Zoning Districts. Provisions of Section 5.05.08. Architectural and site design standards are applicable in the following zoning districts: a. Commercial zoning districts. b. Non-residential PUD districts, and non-residential components of any PUD district. c. Business park districts. d. Industrial districts when the following conditions are present: i. The project site is located on an arterial or collector road, as described by the Traffic Circulation Element of the GMP, or ii. The proposed building is located within 300 feet of a residentially zoned district. 2. Non-residential buildings and projects in any zoning district when the following conditions are met: rte, a. The project site is located on an arterial or collector road, as described by the Traffic Circulation Element of the GMP, or b. A proposed building is located within 300 feet of a residentially zoned district. 3. New buildings and projects. All new applicable buildings and projects must comply with the provisions of Section 5.05.08. 4. Renovations and redevelopment. a. Applicability. All applicable additions and renovations of a building or site must comply with Section 5.05.08. as follows: Provisions of Section 5.05.08. apply to any addition or renovation of an existing building or project, that will result in a change to the exterior of the building or site. The additions and renovations, including vehicular use area, must meet all standards contained in this Section of the Code. i. In the case of building façade renovation where such addition, renovation, or redevelopment exceeds 50 percent of the wall area of the existing facade, the entire façade must comply with the standards of Section 5.05.08. ii. In the case of an addition or renovation to, or redevelopment of, an existing building or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or 25 percent of the square footage of the existing structures, the existing building(s) and the site improvements must conform with the standards of Section 5.05.08. iii. The term "renovation" does not apply to repairs and maintenance of an existing building. iv. Repainting must comply with this Section's standards - specifically, Section 5.05.08 C.14. Materials and colors. 5. Discontinuance. a. Discontinuance. Discontinuance of buildings or projects that are subject to this Section are subject to the following, and not Section 9.03.02 F. of the LDC: i. Where the use of a structure ceases for any reason, except where government action impedes access to the premises, for a period in excess of 365 consecutive days, the provisions of Section 5.05.08 apply before re- occupancy. Compliance with this Section may require structural alterations. ii. The site design standards of this Section apply where the use of a structure ceases for any reason, except where governmental action impedes access to the premises for a period of more than 180 consecutive days. 6. Required site development or improvement plan. a. An applicant must submit architectural drawings and a site development plan or site improvement plan according to Section 10.02.03 Site Development Plans of this Code to comply with Section 5.05.08. This includes: floor plan of each proposed building, all elevations of each proposed building at a minimum of 1/8" scale, a color rendering, color paint chips, and roof color paint chip(s) or sample. �..� b. Architectural drawings must be signed and sealed by a licensed Architect, registered in the state of Florida as set forth in Chapter 481, of the Florida Statutes. C. Building design standards. 1. Purpose and intent. a. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass, recognize local character, and respond to site conditions. Facades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. Facades must provide, through the use of detail and scale, visual interest that is consistent with the community's identity and character. Articulation is accomplished by varying the building's mass, in height and width, so that it appears to be divided into distinct elements and details. 2. Building Facades. All facades of a building must be designed with consistent architectural style, detail and trim features. a. A "primary facade" is a façade that is in public view and faces a public or private street. When two facades or more of a building have street frontage, a maximum of two facades, facing the most prominent streets, will be considered primary facades. b. In case of buildings located on outparcels, and freestanding buildings within a unified plan of development, all exterior facades shall adhere to the requirements of this Section with respect to architectural design treatments for primary facades. (See Section 5.05.08 C.10. Outparcels and freestanding buildings within PUD and common ownership developments for additional design standards and the administrative deviation process). c. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features, such as corner towers, corner entrances, or other such features, to emphasize their location as gateways and transition points within the community. 3. Primary façade standards. r1 a. Building entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. b. Ground floor. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include, but are not limited to: arcades; display windows; entry areas; or other similar design elements. c. Design features. The design of primary facades must include, at a minimums two of the following design features: i. Glazing covering a minimum of 30 percent of the primary facade area, consisting of window and glazed door openings. ii. Projected or recessed covered public entry providing a minimum horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. iii. Covered walkway, or arcade (excluding canvas type) constructed with columns at least 12 inches wide, attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 60 percent of the length of the associated facade. 4. Facade/wall height transition elements. a. Purpose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. b. Applicability. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. c. Design standards. i. Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade. ii. Transitional massing elements must be incorporated for a minimum of 60% of the length of the façade, which is in part or whole within the 150 feet of an existing building. iii. Transitional massing elements include, but are not limited to, wall plane changes, roofs, canopies, colonnades, balconies, other similar architectural features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: a) For buildings 40,000 square feet or larger in gross building area, projections and recesses must have a minimum depth of ten feet. b) For buildings between 20,000 and 39,999 square feet in gross building area, projections and recesses must have a minimum depth of eight feet. c) For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of six feet. d) For buildings up to 9,999 square feet in gross building area, projections and recesses must have a minimum depth of four feet. 5. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. a. Projections and recesses. i. For buildings 40,000 square feet or larger in gross building area, a maximum length, or uninterrupted curve of any façade, at any point, must be 150 linear feet. Projections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. ii. For buildings between 20,000 and 39,999 square feet in gross building area, a maximum length, or uninterrupted curve of any façade, at any point, must be 125 linear feet. Projections and recesses must have a minimum depth of eight feet within 125 linear feet limitation. iii. For buildings between 10,000 and 19,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 100 linear feet. Projections and recesses must have a minimum depth of six feet within 100 linear feet limitation. iv. For buildings between 5,000 and 9,999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade, at any point, must be 75 linear feet. Projections and recesses must have a minimum depth of four feet within 75 linear feet limitation. v. For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any façade, at any point, must be 50 linear feet. Projections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the façade length. [Insert Illustration #1 here.] IStfli nc 4.9ariot%t- 4*-411641Noo.414b' Illustration 5.05.08 C.5.a. - 1 b. Wall plane changes. i. For buildings exceeding 5,000 square feet in gross building area, any facade with horizontal length exceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three feet, with a single wall plane limited to no more than 60 percent of each affected facade. ii. If a building has a projection or recess of 40 feet or more, each is considered a separate facade, and must meet the above requirements for wall plane changes. [Insert Illustration#2 here. • r :tf bb Illustration 5.05.08 C.5.b. - 1 6. Project Standards. a. Building design treatments. Each façade of a building must have at least four of the following building design treatments: 91(:) i. Canopies, porticos, or porte-cocheres, integrated with the building's massing and stylet ii. Overhangs, minimum of three feet, iii. Colonnades or arcades, a minimum of eight feet clear in width, iv. Sculptured artwork, v. Cornice minimum two feet high with 12 inch projection, vi. Peaked or curved roof forms, vii. Arches with a minimum 12-inch recess depth, viii. Display windows, ix. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, x. Clock or bell tower, or other such roof treatment (i.e. dormers, belvederes, and cupolas), xi. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii. Emphasized building base, minimum of three feet high, with a minimum projection from the wall of two inches, xiii. Additional roof articulation above the minimum standards, xiv. Curved walls, xv. Columns, xvi. Pilasters, or xvii. Metal or tile roof material. b. Site design elements. All projects must have at a minimum two of the following: i. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet. ii. Integration of specialty pavers, or stamped concrete along the building perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area; iii. Water elements, a minimum of 100 square feet in area; or iv. Two accent or specimen trees, above the minimum landscape code requirements, for every 100 feet of the front facade and a minimum of two for the rest of the project with a minimum height of 18 feet at planting. v. Site sculptures. 7. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary facade. 8. Overhead doors. a. Required screening. Overhead doors must not be located on the primary facades, unless sufficient screening is proposed. Sufficient screening is defined as a screening wall, with a minimum height of 90 percent of the overhead door height, or a landscape buffer achieving 75 percent opacity within one year. The placement and the length of these screening devices must block the view of the overhead doors from the street. b. Doors facing one another. Overhead doors facing one another may be treated as interior space,provided that: i. the buildings meet all other requirements of Section 5.05.08. of this code., ii. the distance between the doors facing one another is no greater than 50 feet; and iii. the view of the overhead doors is properly screened from the street. 9. Detail features. a. The design elements in the following standards must be an integral part of the building's design and integrated into the overall architectural style. These elements must not consist solely of applied graphics orpaint. b. Blank wall areas. Blank, opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades measured from the connection point. Control and expansion joints are considered blank wall area unless used as a decorative pattern and spaced at intervals of six feet or less. The depth of the relief and reveal work must be a minimum of 1/2 inch, and a minimum width of 1-V2 inch. 10. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Primary facades. All exterior facades of freestanding structures, including structures located on outparcels, are considered primary facades, and must meet the requirements of this Section with respect to the architectural design treatment for primary facades — Section 5.05.08 C.3. Primary façade standards. c. Design standards. The design for freestanding buildings must employ architectural, site and landscaping design elements integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping associated with the main structure. All freestanding buildings mustprovide for vehicular and pedestrian inter-connection between adjacent outparcels or freestanding sites and the primary structure. d. Deviations/alternative compliance. Upon request, the Zoning and Land Development Review Director may administratively approve specific deviations from the requirements of Section 5.05.08 C.3. Primary facade standards, for those facades of a freestanding building not facing a public street, but considered primary facades. Requested deviations are limited to the following: i. Location of service door, ii. Location of trash enclosure, iii. Requirement for minimum glazing area, iv. Requirement for covered or recessed public entry, or v. Requirement for covered walkway. e. See Section 5.05.08 F. Deviations for submittal requirements and the approval process for requested deviations. 7 /'\ 11. Roof treatments. a. Purpose and intent. Variations in rooflines are used to add interest and reduce massing of large buildings. Roof height and features must be in scale with the building's mass, and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high- quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. b. Roof edge and parapet treatment. i. For buildings larger then 5,000 square feet in gross building area a minimum of two roof-edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height,but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length. ii. Roofs, other than mansard roofs, with the slope ratio of 3:12 or higher are exempt from the above requirements for vertical change for the facades n that are less than 200 feet. One roof edge, or parapet line change must be provided for every 200 linear feet of the facade length. c. Roof Design standards. Roofs must meet the following requirements: i. When parapets are used, the average height of such parapets must not exceed 15 percent of the height of the supporting wall, with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not, at any point, exceed one-third the height of the supporting wall. ii. When a flat roof is screened with a parapet wall or mansard roof at any façade, a parapet or mansard roof treatment must extend along the remaining facades. iii. Where overhanging eaves are used, overhangs must be no less than three feet beyond the supporting walls unless a band or cornice is provided. Where overhangs are less than two feet, a band or cornice must be provided under the soffit, at a wall, with a minimum width of 12 inches. iv. Fascias must be a minimum of eight inches high. v. When sloped roofs are used, the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: a) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof This includes: clearstory windows, cupolas, dormers, vertical changes, or additional complementary colors to the color of the roof b) The color(s) of a sloped roof must complement the color(s) of the facades. d. Prohibited roof types and materials. The following roof types and roof materials are prohibited: i. Asphalt shingles, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. ii. Mansard roofs and canopies, unless they meet the following standards: a) Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet, b) Minimum vertical distance of 6 feet is required for buildings of up to 20,000 square feet of gross floor area, and c) The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. iii. Roofs utilizing pitch higher than %2:12, but lower than 2:12, unless: a) A parapet, screen, or mansard roof provides full coverage, b) A minimum 3-foot overhang is provided, and c) Curved roofs are exempt from the pitch requirement. iv. Awnings used as a mansard or canopy roofs. 12. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. �� r a. Mansard awnings, which are those awnings that span 90 percent, or more, of a facade length and those, which do not provide a connection between facades, must adhere to all roof standards of Section 5.05.08. C.11. of this Code. b. All other awnings, which are awnings that constitute less than 90 percent of a facade length, and those that do not provide a connection between facades, must adhere to the following standards: i. The portion of the awning with graphics may be backlit, provided the illuminated portion of the awning with graphics does not exceed size limitations and the other sign standards of Sections 5.06.00, 9.03.00, 9.04.00 and 10.02.06 Signs of this Code. ii. The location of awnings must relate to the window and door openings. c. Automobile sales parking lot awnings. Shade awnings may be erected in automobile sales parking lots subject to the following requirements and standards: i. Shade awning structures must not be constructed within 75 feet of any public or private street. ii. Single shade awning structures must not exceed an area sufficient to provide cover for more than 20 automobiles. iii. The minimum separation between shade awning structures must be 100 feet. iv. Multi-colored shade awnings and the use of black or gray, florescent, primary and/or secondary colors are prohibited. Earth tone colors are encouraged. 13. Entryway/customer entrance treatment. a. Purpose and intent. Entryway design elements are intended to give protection from the sun and adverse weather conditions. These elements must be integrated into a comprehensive design style for the project. b. Single-tenant buildings and developments. Single-tenant buildings shall have clearly defined, highly visible, customer entrances. The customer entrance shall meet the following standards: i. An outdoor patio area must be provided adjacent to the customer entrance, with a minimum of 200 square feet in area. The patio area must incorporate the following: a) Benches or other seating components. b) Decorative landscape planters or wing walls which incorporate landscaped areas, and c) Structural or vegetative shading. ii. Front entry must be set back from a drive or a parking area by a minimum distance of 15 feet. c. Multiple-tenant buildings and developments. Multiple-tenant buildings and developments must meet the following standards: i. Anchor tenants must provide clearly defined, highly visible customer entrances. ii. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total gross floor area of all on-site buildings. The community space shall be located off, or adjacent to, the main circulation path of the complex and must incorporate benches or other seating components, and iii. Front entries shall be setback from a drive or a parking area by a minimum of 15 feet. ii 14. Materials and colors. a. Purpose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Exterior building colors. The use of black, gray, florescent, primary and secondary colors is limited to no more than ten percent of the affected façade or roof area. Earth tone colors are encouraged. Building trim and accent areas may feature any color. c. Exterior building materials. The following building finish materials are limited to no more than 33 percent of the façade area: i. Corrugated, or reflective metal panels, and ii. Smooth concrete block. d. Neon tubing. The use of neon or neon type tubing is prohibited on the exterior and the roof of a building. D. Design Standards for specific building types. 1. Standardized prototype buildings. Building design must contribute to the uniqueness of a project area and the Collier County community, with predominant materials, design features, color range and spatial relationships tailored specifically to the site and its context. A standardized prototype design must be modified, if necessary, to meet the provisions of this code. 2. Self-storage facilities. All standards listed in Section 5.05.08. are applicable to self-storage facilities with the following exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the primary facade of self-storage facilities. b. Screen walls. When a wall is proposed to screen the facility, it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet, and designed to avoid monotony by use of architectural elements such as pillars. c. Window standards. Windows must not be false or applied. If the window openings are into the storage area, translucent material must be used. d. Single-story self-storage facilities. Section 5.05.08 C.3. Primary facade standards can be replaced with the following two options: i. Option 1. a) Primary facades must include glazing, covering at a minimum 20 percent of the façade area; and b) A covered public entry with a minimum dimension of eight feet by ten feet, or covered walkway at least six feet wide with a total length measuring 60 percent of the length of the façade. • ,.� ii. Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: a) Architecturally treated, eight-foot high, screen wall is required to screen the facility, b) The roof slope for the buildings is a minimum of 4:12 ratio for double slopes, and 3:12 ratio for single slope, and c) A landscape buffer at least 7 feet wide is required on each side of the wall. iii. In the case that none of the above options are met, then Section 5.05.08 C.3. Primary facades standards must be met. e. Multi-story self-storage facilities. The requirements of Section 5.05.08 C.3. Primary facade standards can be replaced with the following standards: i. Option 1. a) Primary facades must include glazing covering at least 20 percent of the facade area, b) A covered public entry with a minimum dimension of eight feet by ten feet, or covered walkway at least six feet wide with a total length measuring 60 percent of the length of the facade, c) Requirements of Section 5.05.08 C.9.b. Blank wall area apply to all facades, and d) Foundation planting areas must be a minimum 15 percent of the ground level building area. ii. Option 2. If project design incorporates a screen wall around the perimeter of the self-storage facility. The following standards apply: a) Architecturally treated, eight feet high screen wall is required to screen the ground floor of the facility, b) Landscape buffer, minimum 7 feet wide is required on each side of the wall, c) Primary facades above the ground level must include glazing, covering at a minimum 20 percent of the façade area, d) Requirements of Section 5.05.08 C.9.b. Blank wall area applies to all facades, and e) Foundation planting areas must be a minimum 15 percent of the ground level building area. iii. In the case that none of the above options are met, then Section 5.05.08 C.3. Primary facades standards must be met. 3. Mercantile. a. Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions and additions. b. Windows and entrances. When more than two retailers with separate exterior customer entrances are located within the principal building, the following standards apply: i. The first floor of the primary facades must utilize transparent windows and doors between the heights of three feet and eight feet above the walkway grade for no less than 30 percent of the horizontal length of the building facade. ii. Primary building entrances must be clearly defined and connected with a sheltering element such us a roof canopy or arcade. 4. Automobile service stations a. Applicability. In addition to the requirements of Section 5.05.05 Automobile service stations, all standards are applicable with the following additional requirements: i. Canopy columns must be at least 18 inches wide. ii. Under-canopy lights must be fully recessed. iii. Canopies must not be higher than 16 feet clear. iv. Paint with non-glossy finish must be used for columns and canopy, including fascia and soffit. 5. Hotel/motel. a. Applicability. All standards of Section 5.05.08. are applicable with the following exceptions. b. Design features. Section 5.05.08 C.3.c. Primary facade standards-Design features can be replaced as follows: i. The design of the primary facades must include windows and other glazed openings covering at least 20 percent of the primary facade area, and one of the following design features: a) Projected, or recessed, covered public entry providing a minimum horizontal dimension of eight feet, and a minimum area of 100 square feet, or b) Covered walkway or arcade (excluding canvas type) constructed with columns at least 12 inches wide, that is attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width shall be eight feet, with a total length measuring 60 percent of the length of the associated facade. ii. For buildings located 200 feet or more from the street right-of-way, the projected or recessed entry and covered walkway or arcade, required by the above Section 5.05.08 D.5.b.i., can be located on any façade. 6. Warehousing/distribution. a. Applicability. All standards listed in Section 5.05.08. are applicable except for the following: b. Primary Facade Standards. The requirements of Section 5.05.08 C.3. Primary facade standards are replaced with the following standards. Facades fronting on arterial or collector streets must have two or more of the following design features: i. Windows at a minimum of ten percent of the façade area. ii. Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover. iii. Foundation planting consisting of trees and shrubs. The total length of the planting area must be a minimum of 25 percent of the façade length and be distributed along the fcade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material shall be as required by Section 4.06.05 of this Code. iv. Masonry or tilt-up construction. v. Building height of 40 feet or less and the building street setback of 200 feet or more. c. Variation in Massing. The requirements of Section 5.05.08 C.S. Variation in massing applies only to primary facades and to facades facing residential districts. d. Building design treatments. The requirements of Section 5.05.08 C.6.a. Building design treatments are modified as follows: i. Primary facades must include a minimum of two of the building design treatments listed under this section, or ii. When the building is located 200 feet or more from the arterial or collector street right-of-way, the Section 5.05.08 C.6.a. Building design treatments does not apply. e. Site design elements. The requirements of Section 5.05.08 C.6.b. Site design elements are modified to require, at a minimum, one of the four listed site design elements. f Detail Features. The requirements of Section 5.05.08 C.9. Detail features are replaced with the following standards: i. Blank wall areas. Blank, opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary façade or any facade facing a residential district. For facades connected to a primary façade, this must apply to a minimum of 25 percent of the attached façade measured from the connection point. Control and expansion joints within this area constitute blank wall area unless used as a decorative pattern and spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch. g. Roof treatments. The requirements of Section 5.05.08 C.11. Roof treatments are replaced with the following standards: i. If parapets are used, the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the façade, measured from the corner. ii. The facades facing arterial or collector road and facades facing residential district must have variations from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for every O . . 150 lineal feet of the facade length. The vertical change must be a minimum of ten percent of the building height,but no less than three feet. iii. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens. h. Materials and Colors. The requirements of Section 5.05.08 C.14. Materials and colors are applicable with exception of Subsection 5.05.08 C.14.c. Exterior building materials, which is replaced with the following standards: i. Primary facades. The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. ii. Facades attached to a primary facade. The use of ribbed, corrugated, and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall length of the facades attached to a primary facade, measured from the corners. i. Special Height Requirements. All buildings over 30 feet in height, measured from the first finished floor to the roof eave, that are located within 300 feet from the arterial or collector street right-of-way, must comply with Section 5.05.08 C.S. Variation in Massing, and Section 5.05.08 C.9. Detail features are applicable to all building facades. 7. Industrial/factory buildings. a. Applicability. All standards listed in Section 5.05.08. are applicable with the following exceptions. b. Building Facades. i. Primary Facade Standards. The requirements of Section 5.05.08 C.3. Primary façade standards are replaced with the following standards. Facades fronting on arterial or collector streets must have two or more of the following design features: a) Windows at a minimum of 25 percent of the façade area. b) Projected or recessed covered public entry providing a minimum of eight feet by eight feet cover, and a minimum of 15 percent of the wall area devoted to windows. '0-6\ c) The total length of the planting area must be at least 33 percent of the façade length and be distributed along the façade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material must be as required by Section 4.06.05. d) Masonry or tilt-up construction, and 15 percent of the wall area allocated to windows. e) Building height of 40 feet or less, with a building street setback of 200 feet or more. ii. Variation in Massing. The requirements of Section 5.05.08 C.S. Variation in massing applies only to the primary facades and to facades facing residential districts. iii. Project Standards. a) The requirements of Section 5.05.08 C.6.a. Building design treatments are modified to require industrial/factory buildings to provide, at the primary facades only, a minimum of two of the 17 building design treatments listed under this section. b) The requirements of Section 5.05.08 C.6.b. Site design elements are modified to require at least one of the four listed site design elements. c. Detail Features. The requirements of Section 5.05.08 C.9. Detail features are replaced with the following standards: i. Blank, opaque wall areas must not exceed 15 feet in vertical direction or 50 feet in horizontal direction of any primary facade and any facade facing a residential district. ii. For facades connected to a primary façade, the blank wall standards applies to a minimum of 25 percent of the attached facade, measured from the connection point. iii. Control and expansion joints within the façade area constitute blank wall area unless used as a decorative pattern, and must be spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch. d. Roof treatments. The requirements of Section 5.05.08 C.11. Roof treatments are replaced with the following standards: Com'( \` i. If parapets are used, the end of the parapet must wrap corners for a minimum distance of 25 percent of the length of the facade, measured from the corner. ii. Facades facing arterial or collector roads and facades facing residential districts must have vertical changes from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the facade length. The vertical change shall be a minimum often percent of the building height, but no less than three feet. iii. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens. e. Materials and Colors. The requirements of Section 5.05.08 C.14. Materials and colors are applicable with exception of Subsection 5.05.08 C.14.c. Exterior building materials, which is replaced with the following standard: i. Primary facades. The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the façade area. ii. Facades attached to a primary facade. For 25 percent of the overall wall length of facades attached to a primary facade, measured from the corners, n the use of ribbed, corrugated, and reflective metal panels is limited to no more then 33 percent of the wall area. f Special Height Requirements. All buildings over 30 feet in height measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street right-of-way must meet the Section 5.05.08 C.S. Variation in Massing, and Section 5.05.08 C.9. Detail features are applicable to all building facades. 8. Parking structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below. a. Primary facades. The requirements of Section 5.05.08 C.3.Primary façade standards are replaced with the following standards: i. All exposed facades of any parking structure above the second floor are considered primary facades. ii. A minimum of 60 percent of the area of any primary façade of a parking structure or covered parking facility must incorporate at least two of the j following: i s n a) Transparent windows, with clear or lightly tinted glass, where pedestrian oriented businesses are located along the facade of the parking structure, b) Display windows, c) Decorative grill work or similar detailing which provides texture and screens the parking structure openings, d) Art or architectural treatment such as sculpture, mosaic, glass block, opaque art glass,relief work or similar features, or e) Vertical trellis or plant material screening the openings. b. Building foundation planting. The perimeter of a parking structure at grade must meet the building foundation planting requirements of Section 4.06.05. of this Code. c. Massing standards. The requirements of Section 5.05.08 C.S. Variation in massing are applicable, with the following exception: i. If the ramps and inclines are on an exposed façade and they exceed the maximum length or uninterrupted curve, a projection or recess must occur at the start and end but not required at the ramp/incline. d. Wall Plan Changes. The requirements of Section 5.05.08 C.5.b. are applicable with the following exception: i. If the ramps and inclines are on an exposed façade and they exceed the maximum horizontal length, a wall plane projection or recess must occur at the start and end but not required at the ramp/incline. e. Detail features. The façade area within 42 inches above each floor/deck shall not be open more than 50 percent, except at openings for vehicle or pedestrian access. 9. Outside play structures. a. Maximum coverage. Outside play structures must not cover more than 50 percent of the facade area. b. Location. No portion of any play structure, located between the front building line and any adjacent right-of-way, may exceed a height of 12 feet as measured from existing ground elevation. In all other cases, no portion of any play structure may exceed a maximum height of 16 feet as measured from existing ground elevation. c. Colors. Play structures must be limited to earth tone colors, with a maximum of three colors. E. Site Design Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02.03 Site Development Plans of this Code. 1. Off street parking design. As provided for in Section 4.05.00, and subject to the following provisions: a. Purpose and intent. Commercial buildings and projects, including their outparcels shall be designed to provide safe, convenient, and efficient access for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community. b. Design standards. Parking, utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way parking aisles, or different degrees of angled parking within any parking area is prohibited except as noted above, or where individual parking areas are physically separated from one another by a continuous landscape buffer, a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than grass for separation ofparking areas . i. Maximum parking: Parking in excess by 20 percent of the minimum parking requirements shall provide additional landscaping as described in section 4.05.04 of this Code. ii. Parking for projects. Projects shall be designed to adhere to the following standards: a) Interior lots. No more than 50 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway. b) Corner lots. No more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway area, with no single side to contain more than 65 percent of the required parking. 2. Pedestrian pathways. a. Purpose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicycle pathways within the county and to provide safe passage from the public right- of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. The on-site pedestrian system must provide adequate directness, continuity, street and drive aisle crossings, visible interest and security as defined by the standards in this Section. b. Pedestrian access standards. Pathways and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and pathways along adjacent roadways. Pedestrians will only share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios. Pedestrian pathway connections must be provided from the building to adjacent road pathways at a ratio of one for each vehicular entrance to a project. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions. Pedestrian pathways must be a minimum of six feet wide. e. Materials. Pedestrian pathways must be consistent with the provisions of Section 4.5. of the Americans with Disabilities Act (ADA), Accessibility Guidelines. Materials may include specialty pavers, concrete, colored concrete, or stamped pattern concrete. f Building perimeter path. A minimum 6-feet wide building perimeter path is required as specified below: i. A continuous building perimeter path interconnecting all entrances and exits of a building is required. Emergency"exits-only" are excluded. ii. If parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. g. Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossings. Uncontrolled crossings must be high visibility longitudinal lines as shown in the Florida Department of Transportation /-4N Roadway and Traffic Design Standards. h. Shade and site amenities. i. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk. ii. Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks (as required by Section 4.05.08 of this Code), drinking fountains, canopies and benches. 3. Service function areas and facilities. Service function areas include, but are not limited to: loading areas and docks, outdoor storage, vehicle storage excluding car display areas, trash collection areas, trash compaction and recycling areas, roof top equipment, utility meters, antennas, mechanical and any other outdoor equipment and building services supporting the main use or operation of the property. a. Purpose and intent. To diminish the visual and acoustic impacts of service functions that may detract from, or have a negative impact on, the surrounding properties and the overall community image. b. Buffering and screening-standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adjacent properties, including public and private streets. c. Screening material and design standards. Screening materials, colors and design must be consistent with design treatment of the primary facades of the building or project and the landscape plan. d. Trash enclosures. For the location, size, and design standards for trash enclosures, see section 5.03.04 Dumpsters. e. Loading areas and docks. Vehicle loading areas must be screened from streets and adjacent residential districts. Screening must consist of wing walls, shrubs, trees, berms, or combination thereof. f Conduits, meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces. Conduits and meters cannot be located on the primary facade of the building. g. All rooftop mechanical equipment protruding from the roof must be screened from public view, from both above and below,by integrating it into a building and roof design. h. Outdoor vending machines must be located so that they are not visible from adjacent properties and streets. 4. Fencing standards. For restrictions on fence material, fence height, and design, see Section 5.03.02. Fences and Walls. 5. Drive-through facilities standards. a. Drive-through facilities location and buffering standards. Drive-through facilities must be secondary in emphasis and priority given to any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. Each drive-through facility must provide both walk-up and drive-in service. If site constraints limit the location of the drive through facility to the area between the right-of-way and associated building, the vegetation required by a Type "B" landscape buffer must be installed within the buffer width required for the project and maintained along the entire length of the drive-through lane and adjacent right-of-way. In addition to the vegetative buffer referenced above, a permanent, covered,porte-cochere or similar structure, (canvas awning and canopies are excluded), must be installed extending the width of the drive-through with the roof covering the service window(s). Such structure shall be an integral part of the design of the building. b. Required floor area. One drive-through facility is permitted per tenant. Buildings must be a minimum of 1,000 square feet. For multi-tenant buildings, an additional drive-through is allowed for each tenant with a minimum of 5,000 square feet of gross floor area. Drive Through facilities may have multiple drive lanes. 6. Lighting. a. Purpose and intent. All building sites and projects, including outparcels, shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting must be designed in a consistent and coordinated manner for the entire site. The lighting and lighting fixtures must be integrated and designed so as to enhance the visual impact of the project on the community and blend with the landscape. b. Shielding standards. Lighting must be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjoining streets and all adjacent properties. Light sources must be concealed or shielded. c. Fixture height standards. Lighting fixtures within the parking lot must be a maximum of 25 feet in height, and 15 feet in height for the non-vehicular pedestrian areas. d. Design standards. Lighting must be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures must complement the design of the project. This can be accomplished through style, material or color. e. Illumination. Background spaces, such as parking lots, shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, including building entrances and plaza seating areas, must utilize local lighting that defines the space without glare. 7. Water management areas. For design standards for water management areas, including location and the required amenities, see Section 4.06.02 D. of this Code. F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this Section as approved by the Zoning and Land Development Review Director. 1. Review and approval procedure. Upon request by the applicant, the Zoning and Land Development Review Director may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-review and approval by the Zoning and Land Development Review Director. 2. Review criteria. In approving an alternative plan, the Zoning and Land Development Review Director must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. If the plan is approved through this provision, the Site Development Plan approval letter shall specifically note the deviations and the basis for their approval. n ', 3. Submittal requirements. In addition to the base submittal requirements, applicants must provide the following: a. Architectural design plan and/or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan". This plan must identify the section numbers from this Section from which the deviation is being requested. b. A narrative statement that specifically identifies all standards of Section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section, without specifically complying with those standards identified. 4. Applicability. a. The following types of buildings and uses qualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assembly, ii. Educational, iii. Institutional, iv. Mixed use buildings (such as commercial/residential/office), and v. Any other non-commercial building, or use, that is not listed under Section 5.05.08 D. Design standards for specific building types of this Section, and due to its function, has specific requirements making meeting Section 5.05.08. standards unfeasible. b. The deviation process is also applicable to the specific requirements listed under the following sections: i. Section 5.05.08 B.4. Renovations and redevelopment. ii. Section 5.05.08 B.S. Discontinuance. iii. Section 5.05.08 C.10. Deviations for Outparcels and freestanding buildings within PUD and common ownership developments. iv. Sections 5.05.08 D.2.d.for Self-storage facilities. 5. Appeal and Assistance procedure. 4 a. The Applicant may appeal the decision of the Zoning and Land Development review Director or the Zoning and Land Development Review Director may request assistance in making adecision by convening an Architectural Arbitration Meeting. i. The voting members at the Architectural Arbitration Meeting shall be two representing the Collier County Planning Staff, two representing the American Institute of Architects (Southwest Florida Chapter), and one representing the American Society of Landscape Architects (Southwest Florida Chapter). ii. The applicant's Architect shall attend the Architectural Arbitration Meeting. b. The Architectural Arbitration Meeting shall result in one of the following actions by majority vote: i. Approve as proposed, ii. Approve as proposed with conditions, iii. Deny as proposed, or iv. Continue the review to another meeting for further deliberation. c. The Zoning and Land Development Review Director, within 5 working days following the Architectural Arbitration Meeting shall approve or deny the projects deviation from the architectural design standard of Section 5.05.08, as recommended by the Architectural Arbitration Meeting. d. The review of Site Development Plan Application will be placed on hold, pending decision on the deviation from building design standards. G. Exceptions. 1. Exceptions to the provisions of this code may be granted by the Board of County Commissioners in the form of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design while varying from one or more of the provisions of this Section, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual projects subject to Section 5.05.08 standards, where site specific factors may impact the ability to meet these standards, variance from one or more of the C673. provisions of this Section may be requested pursuant to the procedures set forth in Section 9.04.00 Variances of this code. ORIGIN: Community Development and Environmental Services AUTHOR: Various (Robin Meyer,Diana Compagnone and Russell Webb) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: Various LDC/UDC SECTION: old LDC Division 2.5. and UDC section 5.06.00 LDC SUPPLEMENT#: Various CHANGE: Rewriting certain portions of the Sign Code to place the provisions in a logical sequence, create a table to quickly identify the requirements for the various signs, and definitions added (separate amendment form) to ensure consistent interpretation and application of this section REASON: To provide clarity. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Text that is double struck through means that it has been relocated to another portion of the Sign Code and text that is double underlined is the relocated text. Text that is single underlined is completely new language. Amend the LDC/UDC as follows: 5.06.00 SIGNS 5.06.01 Generally Increased numbers and sizes of SIGNS, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of SIGNS degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic value of tourism, visitation and permanent economic growth. A. Purpose and intent. It is the intent and purpose of this SIGN code, and it shall be interpreted, to implement the goals, policies and objectives of the growth management plan, and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling SIGNS which are intended to communicate to the public and to authorize the use of SIGNS which are: 1. Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 3. Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective of the identity and creativity of the individual occupants. B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. For the specific regulations, please see the appropriate subsections throughout this section of the code. • 0 o C) 70 CD m p o 0 o CD 0 CCD 0 0 0 0 O O CD 0 0 0 0 D) d a d. N 0 0 N N N CEI 2 m m m o m ~ 0 o O 0 0 m Cn co m rn = n (� tmn ai to • .� N N 6) O ... .« ... `< O. O. 7 7 7 co (D N Ch CO CD 7 7 7 0 CD CD CD CD 7 Cn M 0 CO X 7 N N -t 1 s .-1. .... — -, rn 0 3 CD m O_ O M O co 00 A N N A N N N A N A N A N A 0 X CQ 7 _, _, _ _ _, _ _ _, 3 x co N Cn O CA O O O O O co O co O co O O) _ F.) (D 7 CD N T 0 CA . CA a co 7 O O 0 O O O O O O Cp O O O 0 0 0 O O O N COO CD C) CD X-- r- _,. m O o 0 7 O O 0 Z Z Z Z Z Z Z Z Z Z Z Z Z ZZ Cop .--Nas .0 DDD DDD ; D D DDD D DD Dai 7 co 0 o o . O CD CD CD. -0 m 0 n — • eCI- ' Ty 0 co NCDcg _ N co co co yy y O co 7 OCD N ca O O O O=. S N coN m co0MOO M Z — o O CD O D) SD ' 0 D O(D n ' O n 7 O n " On " N O 5 a) t0/! O n N 0 CO 0 Cp C0) O O C0) N o C0) CD j Fe Cp CD CD CD CD y CD N y 0 CD 0 01 0 0 0 0 N co O. 0 CD CO c. a CD coo0 y O O y O O N co 0 y O O y 0 0 a co -< co O g Z ~ CD co c cuD a N 0 0 y y h y 0 ')) D7) 0 /.'� Z q DD c c ....•.., 0 0 CD CD o 2 2 v d N a v cCD � , 0 ac0 — - Gn n c 03 G7 = a o co n c — CL N PV s N N N N N C.11 03 -s O N N -,O O S?o O O O p CA N U1 CA O CO D D co 5->-- D D Z co co Z Z z Z D D D D D o 0 O o0oz Z O Z Z Z DD DDD- a T a O O O O N CNJt N -0 N 0 o O \ O O Cr Cr O CS O ;a CS CT O C C _, O C , _C. C _O o p. a tri O n U7 m .� O •O Cr) •,d Cr'O _n O O O N p co �j .' "p� tp COp 7 ET N N O CD CD CD -0-0 CnD CO CO CO , = , y a O o O X X O co X CD X cr CD X CO - Cn N CD N Cl) CD Cot O O N 01 a' O -0 CD O CD Cl) O n O -O CD N n CD CCD CSD CSD CCD CCD CD CCD CCD CSD N CA Cl) C/1 Cl) CA Cl) Cp CO CD CCD CCD CCD CcD CCD CCD CCD CSD Cn Cl) CA Cl) CD Cl) Cl) CR Cl) 5.06.02 59&04 Permitted SIGNS A. SIGNS within residential zoned districts and as applicable to residential designated portions of PUD zoned properties. 1. DEVELOPMENT standards. a. Maximum allowable height. All SIGNS within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured from the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppermost portion of the SIGN STRUCTURE. b. Minimum SETBACK All SIGNS within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet from the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as determined by the county for safety and operation. 2. Real estate SIGNS. The following SIGNS classified as real estate SIGNS shall be permitted in residential districts subject to the following: a. One ground SIGN with a maximum height of six feet or wall "For Sale," For Rent," or similar SIGN, with a maximum of four square feet in size, per STREET FRONTAGE for each PARCEL, or LOT less than one acre in size. Said SIGN shall be located no closer than ten feet from any ADJACENT residentially used property and may be placed up to the property line ABUTTING a RIGHT-OF-WAY, provided it is a minimum of ten feet from the edge of pavement. (No BUILDING permit required.) b. One ground SIGN with a maximum height of eight feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 12 square feet in size, per STREET FRONTAGE for each PARCEL, or LOT one to ten acres in size. (No BUILDING permit required.) c. One pole SIGN with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 64 square feet in size, per STREET FRONTAGE for each PARCEL or LOT in excess of ten acres in size. d. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the existing vegetation may not allow the location of the SIGN ten feet from the property line, the Countyor his designee Manager g may allow a reduction in the amount of the required SETBACK however, in no case shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. e. Real estate SIGNS shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. f. A SIGN advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. 3. Model home SIGNS. One on-premises SIGN for model homes, approved in conjunction with a temporary use permit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home SIGN copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home SIGNS shall not be illuminated in any manner. (No BUILDING permit required.) 4. Construction SIGNS. All supports for such SIGNS shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: a. One ground SIGN with a maximum height of six feet or wall SIGN, with a maximum of four square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING permit required.) b. One ground SIGN with a maximum height of eight feet or wall SIGN, with a maximum of 12 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING permit required.) c. One pole SIGN with a maximum height of 15 feet or wall SIGN, with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL in excess of ten acres in size. n d. One ground or wall SIGN, with a maximum of four square feet in size, may be used .nstruction SIGN by each contractor, lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. (No BUILDING permit required.) e. Advertising of any kind is not permitted on construction signs. 5. Residential directional or identification SIGNS. Directional or identification SIGNS no greater than four square feet in size, and located internal to the SUBDIVISION or DEVELOPMENT may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGNS shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These SIGNS may be CLUSTERED together to constitute a SIGN with a maximum area of 24 square feet and a maximum height of eight feet. Such CLUSTERED SIGNS shall require a BUILDING permit. For signage to be located along the Golden Gate Parkway see section 2.03.07. 6. On premises SIGNS within residential districts. Two ground SIGNS with a maximum height of eight feet or wall residential entrance or gate SIGNS may be located at each entrance to a multi-family, single-family, MOBILE HOME or RECREATIONAL VEHICLE park subject to the following requirements: n a. Such SIGNS shall contain only the name of the SUBDIVISION, the insignia or motto of the DEVELOPMENT and shall not contain promotional or sales material. Said SIGNS shall maintain a ten-foot SETBACK from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthermore, bridge SIGNS located on private bridges directly leading to private communities shall not be considered off-premise SIGNS. Bridge SIGNS complying with the requirements of section 5.06.01 5.06.02 may be substituted for ground or wall SIGNS in residential districts. b. The ground or wall SIGNS shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered SIGNS and shall be allowed throughout the DEVELOPMENT. However, should such architectural embellishments be located closer than ten feet to any SIGN, then it should be considered an integral part of the SIGN and shall be subject to the restrictions of this section. 7. CONDITIONAL USES within the residential and agricultural districts. a. CONDITIONAL USES within the residential district are permitted one wall SIGN with a maximum of 32 square feet. Corner LOTS are permitted two such wall SIGNS. b. CONDITIONAL USES within the agricultural district in the urban area, residential and estates districts with a STREET FRONTAGE of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground SIGN with a maximum height of eight feet and a maximum area of 32 square feet. c. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No BUILDING permit required.) d. The board of county commissioners may approve additional signage as may be deemed appropriate during the CONDITIONAL USE approval process. B. SIGNS within non-residential districts: 1. Design criteria and unified SIGN plan. Where multiple on-premise ,••••••\ SIGNS are proposed for a single site or project, or in the case of a SHOPPING CENTER or multi-use BUILDING, a unified SIGN plan shall be employed. An application for site DEVELOPMENT or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified SIGN plan to be utilized on the site. The unified SIGN plan must be applied for by the property owner, or his or her AUTHORIZED AGENT. The unified SIGN plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; f. SIGN type(s) and location(s); and, conformance with the following: ■ , -------------- - - - - - -- ------ - --- '�----T•: - 6 € multi wee-B WDINCS �l.w l Le-�.est.d ..t '- - -: - - .1! _ ' _ - 9 TfimiklYTS may very from-tilis-loetitiefia.1nt ,.. :t.,- the - - ---- - -- -------------------- n fthi 6 ----------- - - - - -- --- the- roisio6Gttoiik6f4r j. The ground or pole SIGN shall not be in the shape of a logo and the logo shall not protrude from the SIGN. k. The use of fluorescent colors is prohibited. - - --- _ _ • _ . ._. _ limited to the following: • . . . - , • 4-, . SICN ie not oriented towardo any public RICHT OF WAY. In no N. • _ __ 5.06.03 &06T05 DEVELOPMENT Standards for SIGNS A. DEVELOPMENT standards. - - - - - - - , • , , • , . • • . - - - . 1 . . gg • - -- -- - - _- _•__ _ -- - - --=--=-- Elie err ppikEote R-0. ---------- ------—------ - -- - - - ----- -- - --- - - -- - - -- -- - ------_----------- - -- - - - _- - , .I . _ . , • of ol.1 poism000ftt pol n na d roto.-, SICN halt t. ano ao requires by 57 1. The maximum size limitation shall apply to each STRUCTURE. Pole or ground SIGNS may be placed back to back or in V-type construction with not more than one display on each facing for a maximum of two display areas for each V-type SIGN, and such SIGN STRUCTURE shall be considered as one SIGN. 6:2. Spot or floodlights shall be permitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or SIGNS and away from any RIGHT-OF-WAY. 3. Official Address Numbers and/ or the range of Official Address Numbers shall be posted within the upper third portion of the SIGN face or in the area defined in this section of the Land Development Code of Commercial and residential signage that utilizes the following SIGN types: pole SIGN, ground SIGN, and directory SIGNS. Address numbers on SIGNS shall be a minimum height of eight(8) inches. 5.06.04 5.06.06 SIGN Standards for Specific Situations A. Real estate SIGNS: As defined, shall be permitted in non-residential districts subject to the following: 1. One ground SIGN with a maximum height of ten feet or wall SIGN with a maximum area of twelve square feet in size per STREET FRONTAGE for each PARCEL, or LOT less than one acre in size. (No BUILDING permit required.) �'� 2. One ground SIGN with a maximum height of ten feet or wall SIGN with a maximum 32 square feet in size, per STREET FRONTAGE for each PARCEL, or LOT one to ten acres in size. (No BUILDING permit required.) 3. One ground SIGN with a maximum height of 15 feet or wall SIGN with a maximum of 64 square feet in size, per STREET FRONTAGE for each PARCEL or LOT in excess of ten acres in size. A BUILDING permit is required. 4. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the existing vegetation may not allow the location of the SIGN ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required SETBACK however, in no case shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate SIGNS shall be removed when an applicable temporary use permit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A SIGN advertising that a property has been sold or leased shall not be n displayed for more than 14 days after it is erected. B. Construction SIGNS. All supports for such SIGNS shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground SIGN with a maximum height of ten feet or wall SIGN, with a maximum of 12 square feet, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING permit required.) 2. One ground SIGN with a maximum height of ten feet or wall SIGN, with a maximum of 32 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING permit required.) 3. One pole SIGN with a maximum height of 15 feet or wall SIGN, with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a permit board, within each FRONT YARD for each PARCEL in excess of 10 acres in size. 4. One ground or wall SIG . maximum of 4 square feet in size, may be used as a construction SIGN by each contractor, lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. (No BUILDING permit required). 5. All construction SIGNS must be removed prior to the issuance of a certificate of occupancy. C. On premise SIGNS. On-premise pole SIGNS, ground SIGNS, projecting SIGNS, wall SIGNS, and mansard SIGNS shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground SIGNS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, or industrial parks having FRONTAGE of 150 feet or more on a public STREET, or combined public STREET FRONTAGE of 220 linear feet or more for corner LOTS, shall be permitted one pole or ground SIGN. Additional pole or ground SIGNS may be permitted provided that there is a minimum of a 1,000-foot separation between such SIGNS, and all SETBACK requirements are met. In no case shall the number of pole or ground SIGNS exceed two per STREET FRONTAGE. - -__-' '- - - - - -- - ----------- - - - - - -- - 1'1.- - . , - . . . . , . ,_ .J. flaffte-Of-htt&iftefOeS-40044€1 Oft 0 r __ _- _ : : _ e SiGNS- [a. - d. below are relocated from 5.06.03 A.1. - 4. on pages 10 and 11 of this Amendment request form.] a. Maximum allowable height. All pole or ground SIGNS within nonresidential zoned districts and as applicable to nonresidential designated portions of PUD zoned properties are limited to a maximum height of 15 feet when located along an ARTERIAL or COLLECTOR ROADWAY and 12 feet for all other roads, except as provided in this Code for pole or ground. Height shall be measured from the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppermost portion of the SIGN STRUCTURE. b. Minimum SETBACK. All pole or ground SIGNS within nonresidential zoned districts and as applicable to nonresidential desi l ated •ortions of PUD zoned •ro•erties shall not be located closer than ten feet from the property line. c. Maximum allowable SIGN area: 80 s•uare feet for sole or • ound SIGNS located along an arterial or COLLECTOR ROADWAY and 60 square feet for all other roads. d. The location of all permanent pole, ground an a;reeter SIGNS shall be shown on the landscape plans as required by section 4.06.05. [Paragraph e. below is being relocated from 5.06.02 B.1.i. on page 10 of this Amendment request form.] e. Pole SIGNS shall .rovide a sole cover no less than 50 •ercent of the width of the SIGN with architectural desi• features includin• colors and/or materials common to those used in the design of the BUILDING the SIGN is accesso to. A minimum 100 s•uare foot •lantin• area shall be srovided around the base of an_• ound or sole SIGN consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. f. Ground SIGNS for smaller LOTS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, and industrial parks may be issued a SIGN permit for one ground SIGN provided that the following minimum requirements are met, as applicable: i. For those LOTS or PARCELS with public road FRONTAGE of no less than 100 feet, but up to 149.9 feet, or a combined public STREET FRONTAGE of no less than 150 feet but less than 219.9 feet for corner LOTS or PARCELS: a) No portion of the ground SIGN may be located closer than 10 feet from any property line; b) a planting area of no less than 100 square feet shall be provided around the base of the ground SIGN; c) the ground SIGN'S architectural design, construction, and color shall include features common to those used in the design of the BUILDING where the corresponding business requesting the SIGN is accessory to; d) the ground SIGN may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) any illumination of the SIGN must be non- revolving and shine away from any right-or-way, and shall require an electrical permit. f) the STREET address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the SIGN and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing SIGNS will be allowed on the same LOT or PARCEL. ii. In addition, for those LOTS or PARCELS with FRONTAGE of 121 to 149.9 feet, or a combined public STREET FRONTAGE of no less than 150 feet for corner LOTS or PARCELS but less than 219.9 feet: a) the ground SIGN shall be limited to 8 feet in height, as measured from the lowest centerline GRADE of the nearest public road to the uppermost portion of the SIGN STRUCTURE regardless of the roadway classification; and b) the maximum allowable SIGN area is 32 square feet_ iii. In addition, for those LOTS or PARCELS with FRONTAGE of 100 to 120.9 feet: a) the ground SIGN shall be limited to 6 feet in height, as measured from the lowest centerline GRADE of the nearest public road to the uppermost portion of the SIGN STRUCTURE regardless of the roadway classification; and b) the maximum allowable SIGN area is 16 square feet. g_ The minimum SETBACK requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall the required SETBACK be reduced to less than five feet. The County Manager or his designee's decision to reduce the required SETBACK shall be based on the following: i. Where it can be demonstrated that within the ADJACENT RIGHT-OF-WAY the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required SETBACK will result in the SIGN being any closer than 30 feet to the edge of pavement; ii. Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required SETBACK will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; iii. Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required SETBACK so as to most appropriately locate the SIGN STRUCTURE; or iv. The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. [Paragraph 2. below is being relocated from 5.06.02 B.1.1. on page 10 of this Amendment request form.] 2. OUTPARCELS. In addition to the above requirements, SIGNS for OUTPARCELS, regardless of the size of the OUTPARCEL, shall be limited to the following: a. In addition to any wall SIGNS permitted by this ode OUTPARCELS may by allowed one additional sixty square foot wall SIGN facing the SHOPPING CENTER if the additional SIGN is not oriented towards any public RIGHT-OF-WAY. In no case shall the number of wall SIGNS for an OUTPARCEL exceed two SIGNS; and, b. A I •le • ounm I for I PAR _LS avi • FRONTAGE of 150 feet or more, not to exceed 60 square feet. Ground SIGNS shall be limited to eight feet in height. n [Paragraph 3. below is being relo . -d from 5.06.04 C.1. on page 13 of this 0q Amendment request form.] 3. Directory Signs. Multiple-occupancy PARCELS such as SHOPPING CENTERS, office complexes, business parks, or industrial parks containing 25 000 s.uare feet or more of • oss leasable floor area and ei•ht or more inde•endent businesses will be permitted one directo SIGN for a sin.le entrance on each public STREET. When a directo SIGN is proposed then pole or ground SIGNS shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory SIGN shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on OUTPARCELS shall not appear of directory SIGNS. [Paragraph a. below is being relocated from 5.06.03 A.1. on page 11 of this Amendment request form.] a. The maximum hei•ht for directory SIGNS is limited to 20 feet. Hei•ht shall be measured from the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppermost portion of the SIGN STRUCTURE. [Paragraph b. below is being relocated from 5.06.03 A.2. on page 11 of this Amendment request form.] b. Directo SIGNS shall not be closer than 15 feet from the .ro.ert line unless otherwise noted below or as provided for in section 1.04.04 C. c. Maximum allowable SIGN area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of any Directory SIGN, consistent with the provisions of this section of this Code, development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory SIGNS shall be shown on the landscape plans as required by section 4.06.05. 4. Wall, mansard, canopy or awning SIGNS. One wall, mansard, canopy or awning SIGN shall be permitted for each single-occupancy PARCEL, or for each establishment in a multiple-occupancy PARCEL. End units within SHOPPING CENTERS, multiple-occupancy PARCELS, or single occupancy PARCELS where e is double FRONTAGE on a public ((9- RIGHT-OF-WAY, shall be allowed two SIGNS, but such SIGNS shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a front wall length of more than 200 linear feet, are allowed three wall SIGNS; however, the combined area of those SIGNS shall not exceed the maximum allowable display area for SIGNS by this Code. a. The maximum allowable display area for SIGNS shall not be more than 20 percent of the total square footage of the visual FACADE of the BUILDING to which the SIGN will be attached and shall not, in any case, exceed 150 square feet for BUILDINGS or units up to 24,999 square feet, 200 square feet for BUILDINGS or units between 25,000 and 59,999 square feet and 250 square feet for BUILDINGS over 60,000 square feet in area. [Paragraphs b. and c. below are being relocated from section 5.06.02 B.1.g. and h. on pages 9 and 10 of this Amendment request form.] b. No wall SIGN shall exceed 80 •ercent of the width of the unit s or the BUILDING occu s ied b a business with a minimum of ten percent clear area on each outer ed•e of the unit(s) or the BUILDING. and c. All wall SIGNS for multi-use BUILDINGS shall be located at a consistent location on the BUILDING FACADE, except that ANCHOR TENANTS ma v. from this locational re•uirement in scale with the anchor's tenant's larger primary FACADE dimensions. All SIGNS shall adhere to the dimensions provided for in the unified SIGN plan. 5. Menu Boards: One menu board with a maximum height of 6 ft and 64 square feet of copy area per drive thru lane. 3: 6. Projecting SIGNS. Projecting SIGNS may be substituted for wall or mansard SIGNS provided that the display area of the projecting SIGN shall not exceed 60 square feet of display area. a. Projecting SIGNS shall not project more than four feet from the BUILDING wall to which it is attached. b. Projecting SIGNS shall not extend above the roofline of the BUILDING to which it is attached. c. Projecting SIGNS shall not project into the public RIGHT-OF- WAY. d. Projecting SIGNS which project over any pedestrian way shall be elevated to a minimum height of eight feet above such pedestrian way. 4. 7. Under-canopy SIGNS. In addition to any other SIGN allowed by this Code, one under-canopy SIGN shall be allowed for each establishment in a SHOPPING CENTER. This SIGN shall not exceed six square feet in area and shall be a minimum of eight feet above finished GRADE. Under canopy SIGNS do not require a BUILDING permit unless the SIGN is equipped with an electrical component. 6, 8. Signage for AUTOMOBILE SERVICE STATIONS. The following are the only SIGNS allowed in AUTOMOBILE SERVICE STATIONS and convenience stores with gas pumps. a. Window SIGNS: As allowed in section 5.06.03 this section of this the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is ADJACENT to a dedicated STREET or highway. Otherwise, ACCENT LIGHTING, back lighting and accent striping are prohibited on canopy STRUCTURES. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure, if applicable. The color of all structures on site shall be soft earth tones or pastels. d. One ground SIGN shall be permitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the SIGN face is less than eight feet above GRADE. Maximum permitted area 60 square feet. 4 e. Signage, logos, advertising and information are prohibited above gas pumps. f Wall SIGNS: As allowed in paragraph 2. section 5.06.04 C.4. above of this Code. f. g. SIGNS: As allowed in section 5.06.03 this section of this the Code. 6:9. SIGNS within planned unit DEVELOPMENTS (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and uniform comprehensive SIGN plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. SIGN classes and sizes for planned unit DEVELOPMENTS should be the same as the standards found within this Code for the zoning district the DEVELOPMENT most closely resembles, unless such planned unit DEVELOPMENTS have comprehensive SIGN standards contained in the PUD document. Z. 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Three non tial DEVELOPMENT. Where these DEVELOPMENTS have multiple entrances, any entrance may have up to three flags each, provided: the DEVELOPMENT is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a DEVELOPMENT provided the flags are not visible to motorists along any FRONTAGE roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any FRONTAGE roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the DEVELOPMENT. a. All flagpoles with a height in excess of 15 feet above finished GRADE or that extend more than ten feet from any BUILDING that they are attached to shall be subject to the BUILDING permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all STRUCTURES (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family or DUPLEX LOTS flagpoles shall not exceed 30 feet in height above finished GRADE. For all other residential zoned PARCELS, flagpoles shall not exceed 35 feet in height from the finished GRADE or extend more than 20 feet from any BUILDING to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished GRADE. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished GRADE, nor extend more than 20 feet from any BUILDING to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to . •'ch it is attached. c. All flags in all zoning districts shall have a minimum five foot SETBACK from all property lines. d. All flagpoles that are permitted must display their permit number at the base of the flagpole in minimum V2 inch numerals. & 11. Temporary SIGNS. The erection of any temporary SIGN shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. APPLICANTS for temporary SIGN permits shall pay the minimum fee established for said permit. Temporary SIGNS shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political SIGNS. Political campaign SIGNS and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political SIGN a bulk temporary permit shall be obtained. The permit number shall appear on every SIGN or on the pole supporting the SIGN. The fee for said bulk permit shall be as adopted by resolution by the board of county commissioners. All SIGNS for the candidate or the issue for which the permit was issued must be removed within seven days after the election, referendum, or other event that the SIGN pertains to. Failure to timely remove each such SIGN will constitute a separate violation of this Code and the permitee will be subject to issuance of a citation from Collier County Code Enforcement and all other penalties allowed by law. ii. Political campaign SIGNS or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political SIGNS placed within residential districts shall require written permission from the property owner. iii. Political campaign SIGNS or posters will be permitted in all other zoning districts within a maximum copy area of 32 square feet per SIGN, and shall be located no closer than ten feet to any property line. The number of such SIGNS shall be limited to one SIGNS for each LOT or PARCEL per bulk permit issued for each candidate or issue. iv. All supports shall be securely built, constructed and erected to conform with the requirements of this Code. � l�f , v. The maximum height of any political campaign SIGN or n poster, except those that may be affixed to a wall, shall be limited to eight feet. vi. Political SIGNS shall be erected not more than 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. b. Grand opening SIGNS. An occupant may display an on-site grand opening SIGN not exceeding 32 square feet. The banner SIGN shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events SIGNS. A special events SIGN not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such SIGN shall be located no closer than ten feet to any property line. Such SIGNS shall require a BUILDING permit. Special event SIGNS shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the event has taken place. d. "Coming soon SIGNS. " A temporary use permit may be granted, at the discretion of the County Manager or his designee, for a"coming soon" SIGN located within a non-residential district. This SIGN must not exceed 32 square feet and the temporary use permit number must be placed at the base of the SIGN not less than one-half inch from the bottom. The SIGN must not be displayed for a period of more than six months from the issuance of a BUILDING permit or until the issuance of a permanent SIGN, whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" SIGN is defined as a ground SIGN used to inform the public of the entry of a new business within a six-month time period. However, this SIGN may not be located within any public RIGHT-OF- WAY or EASEMENT. e. Holiday decorations. Seasonal decorations will be granted a permit for a period of 30 days prior to the holiday they are celebrating and will be removed no later than 15 days after the holiday. 97 12. Special purpose SIGNS (on-site). Due to the unique and varied nature of the following uses, additional SIGNS may be required to provide the desired LEVEL OF SERVICE to thepublic. Special purpose SIGNS shall 6 G be permitted as follows: a. Time and temperature SIGNS. One time and temperature SIGN having a surface area not exceeding 12 square feet shall be permitted at each industrial, commercial or other non-residentially zoned property. Such SIGNS may be affixed to the STRUCTURE of a pole or ground SIGN. Such SIGN shall require a BUILDING permit. b. Barber Pole SIGNS. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be permitted as a lawful SIGN if the following and all other applicable requirements are met: i. The barber pole SIGN is attached to the exterior wall of an establishment providing the services of a licensed barber; ii. Each such establishment (barbershop, salon, etc.) is limited to only one barber pole SIGN; iii. No barber pole SIGN may move or rotate except when the establishment is open and providing the services of a licensed barber; and iv. All barber pole SIGNS that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 C.13.C.16. for illuminated SIGNS. 13. Commercial, business park and industrial directional or identification SIGNS. Directional or identification SIGNS no greater than six square feet in size, four feet in height, and located internal to the SUBDIVISION or DEVELOPMENT and with a minimum SETBACK of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGN shall only be used to identify the location or direction of approved uses such as sales centers, information centers, or the individual components of the DEVELOPMENT. Directional or identification SIGNS maintaining a common architectural theme may be combined into a single SIGN not to exceed six feet in height and 64 square feet in area. Such SIGNS shall require a BUILDING permit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional SIGN area when the said SIGN is more than six square feet in area. Directional SIGNS are also subject to restrictions of section 5.06.025.06.05 of this Code. 14. On premise SIGNS within agricultural districts in the rural agricultural area designated on the future land use map of the growth management plan. On-premises SIGNS shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: a. One pole or ground SIGN identifying the farm organization, located at the entrance or gate of each STREET FRONTAGE, and only for permitted AGRICULTURAL USES. The maximum allowable SIGN area for each pole or ground SIGN shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property lines, public or private RIGHT-OF-WAY or EASEMENT. i. On premise SIGNS within agricultural zoned districts in the urban area shall comply with the requirements of section 5.06.04 A. of the Land DEVELOPMENT Code. b. Seasonal farm SIGNS (on-site). One temporary ground SIGN, with a maximum height of ten feet, and located a minimum of ten feet from any property line, public or private RIGHT-OF-WAY or EASEMENT, identifying the farm, farm organization, entrance, or gate not exceeding 32 square feet in area. This SIGN shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such SIGNS shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such SIGNS shall require a BUILDING permit. c. U-Pic SIGNS. One U-Pic SIGN located at the entrance on each STREET FRONTAGE. The maximum allowable SIGN area for each U- Pic SIGN shall not exceed 32 square feet in area and a maximum height of ten feet, and shall be located a minimum of ten feet from any property line, public or private RIGHT-OF-WAY or EASEMENT. d. Wall, mansard canopy or awning SIGNS within agricultural districts. Wall, mansard, canopy or awning SIGNS shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: i. One wall or mansard, canopy or awning SIGN shall be permitted for each PRINCIPAL USE STRUCTURE on the PARCEL. Corner PARCELS or double-FRONTAGE PARCELS shall be allowed one SIGN per STREET FRONTAGE, but such SIGNS shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any SIGN shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per SIGN. 4-2w 15. Off-premises directional SIGNS. Off-premises directional SIGNS are permitted subject to review and approval of the design and location of such SIGNS by the County Manager or his designee, or his designee, if the following requirements are met: a. Off-premises directional SIGNS shall only be permitted in nonresidentially zoned, or agricultural districts. b. No more than two one-sided or one double-sided off-premise directional SIGNS shall be permitted, identifying the location and nature of a BUILDING, STRUCTURE, or use which is not visible from the ARTERIAL ROADWAY serving such BUILDING, STRUCTURE, or uses,provided: i. Each SIGN is not more than 12 square feet in area. ii. The SIGN is not more than eight feet in height above the lowest center GRADE of the ARTERIAL ROADWAY. �—. iii. The SIGN is located no closer than ten feet to any property line. iv. The APPLICANT must submit with the permit application notarized, written permission from the property owner where the off-site SIGN is located. v. The SIGN shall only be located within 1,000 feet of the intersection of the ARTERIAL ROADWAY serving the BUILDING, STRUCTURE, or use. c. Off-premises directional SIGNS shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional SIGNS shall not be located closer than 100 feet from another off-premises directional SIGN. 16. Illuminated SIGNS. All illuminated SIGNS shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted SIGNS shall: be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of / Ir_ ' ADJACENT properties; nor be reflective or phosphorescent; have a steady nonfluctuating or nonundulating light source. 5.06.05 5:-06.02 SIGNS Exempt from These Regulations In addition to those SIGNS identified elsewhere in this Code, the following SIGNS are exempt from the permit requirements of this Code, and shall be permitted in all districts subject to the limitations set forth below: A. SIGNS required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional SIGNS, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such SIGNS are posted. On-premises directional SIGNS shall be limited to two at each vehicle ACCESS point and a maximum of four internal to the DEVELOPMENT. Internal SIGNS are not intended to be readily visible from the road. Directional SIGNS are also subject to restrictions of section 5.06.064(C)_ 0}13. of this Code. C. One identification SIGN, professional nameplate, or occupational SIGN for each professional office, or business establishment not to exceed two square feet in SIGN area and placed flush against a BUILDING face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the STREET address of the premise. D. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative SIGNS when cut into any masonry surface or when constructed of bronze or other noncombustible materials. E. "No Trespassing," "No Dumping," or other prohibitory or safety type SIGNS, provided each SIGN does not exceed three square feet in size. F. One ground or wall "For Sale," "For Rent," or similar SIGN per STREET FRONTAGE for each PARCEL, or LOT less than ten acres in size. G. One on-premises SIGN for model homes, approved in conjunction with a temporary use permit in any zoning district. H. One on-premises open house SIGN not to exceed four square feet in size. Such SIGN shall not be located within ten feet of any property line, RIGHT-OF- WAY or ACCESS EASEMENT. ,.'N I. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located o the Rremises of said institutions and not ' exceeding 12 square feet in size. J. SIGNS located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per SIGN. SIGNS shall be oriented along the fence or wall to face the field(s) or playing area, and away from any ADJACENT public or private roads. K. Traffic control and safety SIGNS or other municipal, county, state or federal SIGNS, legal notices, railroad crossing SIGNS, danger SIGNS and such temporary emergency SIGNS when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window SIGNS not exceeding 25 percent of each window area. N. SIGNS located at the entrance drive of residences located upon 2.25-acre LOTS or greater, displaying the name and address of the resident and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above fmished GRADE or extend more than ten feet from any BUILDING they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.025.06.05. P. Advertising and identifying SIGNS located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such SIGN does not violate section 5.06.035.06.06 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing SIGN copy or design of an advertising STRUCTURE, or changes which are determined by the County Manager or his designee to be less than a SUBSTANTIAL IMPROVEMENT. S. Copy changes for SHOPPING CENTERS, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. One ground or wall SIGN may sect,as a construction SIGN by the general contractor of the DEVELOPMENT, within each FRONT YARD for each PARCEL less than ten acres in size. U. Temporary SIGNS in conjunction with an approved temporary use permit. V. One SIGN indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said SIGN (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for SIGNS illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for SIGNS illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) for said SIGN is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a SIGN that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right of way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. 5.06.06 5.06.03 Prohibited SIGNS It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any SIGN not expressly authorized by, or exempted from this Code. The following SIGNS are expressly prohibited: A. SIGNS which are in violation of the BUILDING code or electrical code adopted by Collier County. B. Abandoned SIGNS. C. Animated or activated SIGNS, except special purpose time and temperature SIGNS and barber pole SIGNS complying with section 5.06.064 C.912.b. D. Flashing SIGNS or electronic reader boards. E. Rotating SIGNS or displays, except barber pole SIGNS complying with section 5.06.064 C.912.b. F. Illuminated SIGNS in any residentially zoned or used district, except residential identification SIGNS, residential nameplates, and STREET SIGNS that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by CONDITIONAL USE, PUD ordinance, or as otherwise provided for within the land DEVELOPMENT code, shall be allowed els the use of illuminated SIGNS, subject to the approval of the community services administrator or his designee. G. SIGNS located upon, within, or otherwise encroaching upon county or public RIGHTS-OF-WAY, except as may be permitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted SIGNS. J. Neon type SIGNS, except non-exposed neon SIGNS covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof SIGNS. L. Portable SIGNS. M. SIGNS which resemble any official SIGN or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic SIGN or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State Law References: Display of unauthorized traffic SIGNS, signals or markings, F.S. § 316.077. N. SIGNS, commonly referred to as snipe SIGNS, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. O. Wind SIGNS (except where permitted as part of this section of this Code). P. Any SIGN which is located ADJACENT to a county RIGHT-OF-WAY within the unincorporated areas of the county which SIGN was erected, operated or maintained without the permit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.035.06.06. Such SIGNS shall include but are not limited to structural SIGNS, freestanding SIGNS, [and] SIGNS attached or affixed to STRUCTURES or other objects. Q. Any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement,when it: 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any SIGN which emits audible sound, vapor, smoke, or gaseous matter. T. Any SIGN which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government SIGN, signal, or device. U. Any SIGN which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature SIGNS). V. Any SIGN which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any SIGN which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. SIGNS mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said SIGN is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted SIGN does not exceed two square feet. This section shall not apply to magnetic type SIGNS affixed to or SIGNS painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with SIGNS painted, mounted or affixed, on site or sites other than that at which the firm, product, or service advertised on such SIGNS is offered. Y. Any SIGN which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any SIGN which advertises or publicizes an activity not conducted on the premises upon which the SIGN is maintained, except as otherwise provided for within this Code. AA. No SIGN shall be placed or permitted as a PRINCIPAL USE on any property, in any zoning district except as follows: U-Pic SIGNS, political SIGNS or SIGNS approved by temporary permit pursuant to the time limitations set forth herein. BB. Inflatable SIGNS. CC. ACCENT LIGHTING as defined in this Code. DD. Illuminated SIGNS, neon or otherwise, installed inside businesses and intended to be seen from the outside. SIGNS that comply with the provisions of section 5.06.025.06.05 (V) of this Code are exempt from this section. EE. Human Directional Signs. People in costumes advertising stores or products FF. Attachments to signs, such as balloons and streamers. GG. Banner Signs HH. Pennants II. Bench Signs KK. Signs that due to brilliance of the light being emitted, it impairs vision of passing motorist. LL. BET All SIGNS expressly prohibited by this section and their supporting STRUCTURES, shall be removed within 30 days of notification that the SIGN is prohibited by the Collier County Code Enforcement Director, or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 (D) or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally permitted, shall be treated as NONCONFORMING SIGNS and removed pursuant to section 9.03.03 (D). ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Board Directed DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC3:54 LDC/UDC SECTION: old LDC section 3.2.8.4.19. and UDC section 6.01.01 LDC SUPPLEMENT#: Supplement 7 CHANGE: Requiring all developments to bury utility lines, even those leading into the development. REASON: Board of County Commissioners directed FISCAL & OPERATIONAL IMPACTS: There will be a cost to the developer, although this cost will most likely vary with the development. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This was initiated by the BCC at a workshop approximately a year ago. Amend the UDC [LDC] as follows: 6.01.01 [3.2.8.4.19.] Utilities Required to be Installed Underground. All permanent facilities, infrastructure, or improvements constructed by public utilities, including those installed by franchised utilities, must be installed, i.e., located and constructed, underground, as set forth below. The utilities included are those providing for, or related to: electrical power (including wiring to streetlights), and light, telephone, potable & irrigation/re-use water, sewer, cable television, wiring to streetlights and gas shall be installed underground. This section shall apply to all public utilities either proposing, or relocating existing, permanent facilities, infrastructure, or improvements cables, conduits or wires within SUBDIVISIONS or DEVELOPMENTS., including all cables, conduits, or wires forming part of an electrical distribution system, which includes all including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems, but . However, agricultural land, industrial requirement by the development services director if costs for the utilities to be placed •• • - _ - •• - •- - - • -- - -- •. . -. . . .• ' . -• - does not include or apply to wires, conduits or associated apparatus and supporting STRUCTURES whose exclusive function is for the transmission or distribution of electrical energy between - - : ! " - e . -, generating stations, substationsand the transmission lines of any other electric utility provider's systems, or along the perimeter line of A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. B. Public utility EASEMENTS shall be coordinated with other appropriate public utility providers with verification of the creation or dedication of such easements provided to the County manager or designee before final SUBDIVISION plat and improvement plans approval. C. The installation of underground utilities or relocating existing facilities as prescribed by this section shall must also be in conformance with the respective utility's rules and regulations. D. A, Utility Casings SUBDIVISIONS or DEVELOPMENTS providing water services shall install no less than four-inch conduits to each alternate LOT on the opposite side of the STREET from the main distribution line for each STREET prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, STREET lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed STREETS prior to the completion of the stabilized subgrade. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Michele Mosca DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE #OR DATE: Cycle 2, 2004 LDC PAGE: LDC1:19 LDC/UDC SECTION: old LDC section 1.8.8. and UDC section 9.03.01 E. LDC SUPPLEMENT#: Supplement 1 CHANGE: Adding language that allows permitted conditional uses to be deemed as such if they lawfully existed upon amendments to the Code rather than nonconforming uses. REASON: Fairness. It would not be equitable to subject a use to the nonconforming requirements when it would have been a conditional use had the Code been in place at the time of its construction. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 06/28/04 at 1:20 p.m. Amend the LDC/UDC as follows: 9.03.01 E. [Section 1.8.8.] Uses under CONDITIONAL USE provisions not NONCONFORMING uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this code, which are permitted as a CONDITIONAL USE in a district under the terms of the LDC or any subsequent amendment to this code.,shall not be deemed a NONCONFORMING use in such district,but shall without further action be deemed to have a CONDITIONAL USE permit. ORIGIN: Community Development&Environmental Services AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 1:10-1:11 LDC/UDC SECTION: old LDC section 1.6.6. and UDC section 10.02.02 F.S. LDC SUPPLEMENT#: Supplement 7 CHANGE: Adding language to place a time limit on appeals from interpretations. REASON: Certain appeals from interpretations are submitted by the applicant and are not acted upon after the applicant requests that the appeal be placed on hold, allowing them to languish for more than a years time. During this time, Code changes may affect the outcome of the interpretation and/or the appeal. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version modified/created on July 27, 2004 at 11:44 a.m. Joe Schmitt requested that all references to the "planning services director" be changed to the "Zoning and Land Development Review Director." Amend the LDC/UDC as follows: 10.02.02 F.S. [Sec. 1.6.6.] Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the planning services director Zoning and Land Development Review Director or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of 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. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the plenning—sen4ees—direster Zoning and Land Development Review Director or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the plant:king cervices director's Zoning and Land Development Review Director's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the planning services director's 'Zoning and Land Development Review Director's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or building code, whichever is applicable. 10.02.05 F.5.a. Time Limitations on Appeals. Any appeal that has not been acted upon by the applicant within six months of the applicant filing the appeal will be determined to be withdrawn and cancelled. Further review and action on the appeal will require a new application subject to the then current code. � q l � t LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC3:25 LDC/UDC SECTION: old LDC section 3.2.6.2. and UDC section 10.02.04 LDC SUPPLEMENT#: Supplement 11 CHANGE: Adding an abandonment/cancellation process for approved PSP's prior to the adoption date of the 2003 3rd Cycle of LDC Amendments. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/28/04 at 5:32 p.m. Amend the UDC [LDC] as follows: 10.02.04 A.1. Procedures for preliminary SUBDIVISION plat. a. Optional. The preliminary SUBDIVISION plat process is not mandatory, but an option that may be exercised by the APPLICANT upon the effective date of this ordinance. All preliminary SUBDIVISION plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary SUBDIVISION plat. Also, nothing in this section will be construed to affect the mandatory nature of a final SUBDIVISION plat. i. Abandonment/Cancellation of existing approved PSP's. The APPLICANT may choose to abandon/cancel any PSP that was approved or applied for prior to February 11, 2004. If the APPLICANT chooses to abandon, then the only 1 JC4 process that will be applicable to that APPLICANT is the final subdivision plat process in the same manner as if the PSP option was never exercised. Any portion of the original PSP for which a Final Plat has not been approved would therefore require a separate Final Plat according to procedures in effect at the time of submittal. ,o"N LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 3:61 LDC/UDC SECTION: old LDC section 3.2.9.1.5. and UDC section 10.02.04 B.3.e. LDC SUPPLEMENT#: Supplement 12 CHANGE: Revising the name of one of the methods of payment for subdivision performance security. REASON: The name of the document that is currently used is archaic. n FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Appendices A and C GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/16/04 at 12:55 p.m. Amend the UDC [LDCI as follows: 10.02.04 B.3. [3.2.9.1.5.1 e. SUBDIVISION performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the APPLICANT'S professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no SUBDIVISION performance security shall be required. SUBDIVISION performance n security shall be required of an independent special-purpose government such as a community DEVELOPMENT district (CDD). The SUBDIVISION performance security shall be in one of the followin f rms: E 32- , (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction, Maintenance and Escrow agreement with the first mortgagee of rovements should the CDD fail to complete same: n Ot r3 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:120.4-6 LDC/UDC SECTION: old LDC section 2.2.29.3, 4, 5 (2) and (6) and UDC section 10.02.05 F. LDC SUPPLEMENT #: Supplements 13 and 14 CHANGE: Adding the submission requirements for an SIP in the Nonconforming Mobile Home Overlay District. n REASON: These were mistakenly omitted in the recent LDC reformatting process. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: UDC 2.03.07 G.6. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: This version was created on 7/20/04 at 2:28 p.m. Amend the UDC [LDC] as follows: 10.02.05 F. [2.2.29.3. and 4.] F. SIP Requirements for the NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. 1. Pre-application meeting requirements. Prior to making an application to submit an SIP, the property owner and/or agent is required to have a pre- application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meeting and will advise other review staff to attend the meeting. The owner of the property or agent representing the owner shall bring to the meeting a survey plot plan showing the location of all BUILDINGS and STRUCTURES, and preferably a draft plan showing the proposed layout of BUILDINGS and infrastructure improvements. The APPLICANT shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre-application meeting. Within 90 days after the pre-application meeting, the owner/agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the requirement to remove all BUILDINGS and STRUCTURES as provided above unless otherwise prohibited by state law. 2. SIP submission requirements,preparation standards and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent of the property owner in the form of an affidavit as indicated on the application form. b. A survey plan showing all BUILDINGS and structures, their uses and the actual size of the STRUCTURES. c. A site improvement plan showing the proposed location of all BUILDINGS, and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) illustrating the following information: i. Park name, address and phone number of agent preparing the plan and address and phone number of the property owner. ii. Folio number(s) of property and total site area. iii. Zoning designation and land use on subject and ADJACENT property. iv. North arrow, scale and date. v. Landscaping, proposed and existing. vi. Parking spaces. vii. SETBACKS and space between BUILDING measurements. viii. Location and arrangement of ingress/egress points. ix. Type of surface of all ACCESS roadways leading to the park and within the park. x. Location of all STRUCTURES in the park(units, office, accessory building, etc.) xi. Location of dumpster or trash container enclosure. xii.Location and height of walls and/or fences. xiii. Where applicable, dimensions of LOTS, width of internal STREETS and design cross-section of STREETS and drainage improvements. d. Plans do not have to be signed and sealed by a professional engineer, however,plans must be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural, LANDSCAPE architectural firm or licensed contractor. e. Prior to approval of the SIP the county building inspector will identify all MOBILE HOMES not meeting minimum housing code standards and minimum FLOOR AREA requirements for MOBILE HOMES as defined in this Code. Those MOBILE HOME units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited by law and shall be so indicated on the SIP. f. MOBILE HOME units meeting the housing code and as defined in this Code may replace the units removed,provided the replacement units do not exceed the maximum number of units allowed on the original SIP. g. The number of units approved on the SIP will be allowed to remain, except for those identified substandard units which must be removed in accordance with the timeframes referred to in section 10.02.05 F.2.e. above, so long as the requirements of the approved SIP are implemented and a BUILDING permit has been obtained for each unit. h. A RIGHT-OF-WAY permit shall be required. This permit shall be obtained prior to approval of the SIP. A copy of same shall be submitted to the assigned planner. 3. LANDSCAPING: LANDSCAPE improvements shall be shown on the SIP, either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4.06.04 D. of this code. a. The plan shall be prepared by a landscape architect, landscape designer or landscape contractor or paraprofessional associated with such a firm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepared by a licensed landscape architect. b. LANDSCAPING requirements are as follows: i. A ten-foot wide LANDSCAPE buffer, with one single hedgerow and trees spaced 30 feet on center along property lines abutting a RIGHT-OF-WAY. ii. Trees spaced 50 feet on center along internal boundary lines. iii. Permitted trees include live oak, sycamore, red maple, and sweet gum. Under electrical transmission lines, Simpson stopper, magnolia, east Palatka holly, and dahoon holly trees are permitted. iv. Fixed irrigation systems which shall include two irrigation bubblers per tree. 4. Implementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the following timeline commencing from the date of SIP approval. Number of Length of time units/project 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased DEVELOPMENT as identified below. Project # of Phases Phase Timelines Implementation Timeline 18 months 1 18 months 30 months 2 18 months--First phase, 30 months--Second phase 42 months 3 18 months--First phase, 30 months--Second phase, 42 months--Third phase 54 months 4 18 months--First phase, 30 months--Second phase, 42 months--Third phase, 54 months--Fourth phase b. BUILDING permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. n �.� ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE #OR DATE: 2004 Cycle II LDC PAGE: 2:162.3 LDC/UDC SECTION: Insert new Section 2.4.8. (UDC 10.02.06 J.) LDC SUPPLEMENT#: New language CHANGE: Add"Cultivated Tree Removal Permit" language REASON: To institute the newly created "Cultivated Tree Removal Permit". FISCAL & OPERATIONAL IMPACTS: The permit costs $ 250. RELATED CODES OR REGULATIONS: Division 3.9 Vegetation Removal Permit. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This permit is an extension of the "Vegetation Removal Permit" issued by the Collier County Environmental Services Department. The difference between the two permits is that the "Vegetation Removal Permit" addresses removal of naturally occurring vegetation from sites. The "Cultivated Tree Removal Permit" addresses removal of landscaping cultivated by man that is not naturally occurring and is not part of a required preserve area. Amend the UDC [LDC] as follows: 10.02.06 J. [Sec. 2.4.8.1 Cultivated Tree Removal Permit. 2.4.8.1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree, palm or minimum code landscaping that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a permit shall be obtained. A maximum of 10 trees per five (5) year period may be removed with a Cultivated Tree Removal Permit. However, prohibited exotic tree removals are exempt from this requirement an unlimited quantity of trees may be removed through the Cultivated Tree Removal Process. Naturally occurring landscapes shall require a Vegetation Removal Permit; refer to section 10.02.06 C. (Division 3.9.]. 2.4.8.2. Applicability. The provisions of this section are applicable to all development except for single family home sites or single family developments. However, such homes must maintain the minimum landscape code required trees per section 4.06.05 12.4.6.1. An owner, or an agent of the owner may apply for a permit. If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no rejection to the proposed tree removal shall be submitted with the application. 2.4.8.2. Criteria for removal of cultivated landscaping. The Landscape Planner may approve an application for vegetation removal based on the following criteria: (a) Vegetation can not be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. (b) A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). (c) Other public health and safety circumstances as determined by the county landscape architect. 2.4.8.3. Application requirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the Zoning and Land Development Department. The application shall include the following: (a) Proof of ownership such as a warranty deed or tax statement. (b) A site plan depicting the location of proposed trees to be removed, proposed replacement trees, buildings, paved areas, structures and utilities. The Zoning and Land Development Review Department may require that said plans be prepared by a landscape architect registered in the State of Florida when the exotic prohibited tree removal exceeds the 10 tree limit. If the submitted site plan does not provide sufficient information to determine which trees will be affected by the proposed development, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. (c) A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. (d) Addressing Check List. 2.4.8.4. Permit conditions. The Landscape Planner shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one (1) of the following conditions: (a) That the tree, if transplanted, will be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in Chapter 4 of the Code f Division 2.4.]. (b) That the tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the county landscape planner, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Linda Bedtelyon/Lisa Koehler DEPARTMENT: Public Information AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:232-2:233 LDC/UDC SECTION: old LDC Section 2.7.2.3.2. and UDC section 10.03.05 B. LDC SUPPLEMENT #: Supplement 13 CHANGE: Adding PUD extensions and DRI's to the notice requirements currently applicable to rezones, conditional uses, etc. REASON: To keep the public informed. FISCAL & OPERATIONAL IMPACTS: There will be advertising and associated costs for the County. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: This version created on 7/09/04 at 5:26 p.m. Amend the UDC [LDC] as follows: 10.03.05 [2.7.2.3.2.] B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions and for development of: regional impact (DRI) approvals or DRI amendments or DRI abandonments. In the case of an application for a DRI approval or DRI amendments, extension of PUD zoning status or the rezoning of land or rezoning of land coupled with an application for DRI approval or DRI Amendments, to include rezonings, CONDITIONAL USES and variances initiated by other than the board of county commissioners or amendments to planned unit DEVELOPMENTS, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. DRI's, PUD extensions,Rezoning, CONDITIONAL USE and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. 1. A SIGN shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The SIGN to be posted shall contain substantially the following language and the SIGN'S copy shall utilize the total area of the SIGN: a. PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) b. PUBLIC HEARING REQUESTING CONDITIONAL USE (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, COLLIER COUNTY GOVERNMENT CENTER. c. PUBLIC HEARING ON A DEVELOPMENT OF REGIONAL IMPACT(DRI)APPLICATION OR DRI AMENDMENT TO PERMIT: DATE: TIME: n d. PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) EXTENSION TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. e. The area of the SIGNS shall be as follows: a i. For properties less than one acre in size, the SIGN shall measure at least one and one-half square feet in area. b ii. For properties one acre or more in size, the SIGN shall measure at least 32 square feet in area. LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC A:1-A:19 LDC/UDC SECTION: old LDC Appendix A and UDC Appendix A LDC SUPPLEMENT#: Original Text CHANGE: General clean-up of the Appendix. REASON: The document is outdated. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/16/04 at 12:50 p.m. Amend the LDC/UDC as follows: APPENDIX A STANDARD LECAL PERFORMANCE SECURITY DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide to for preparation of bonding instruments which will be submitted to the Collier County bBoard of eCommissioners for guaranteeing the completion of required improvements with respect to this eCode. Adherence to the forms will assure an expeditious review by the dDevelopment aServices dDepartment and the Collier County aAttorney's eOffice. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for the FRequired Improvements by the dDevelopment eServices dDepartment or the eCounty eAttorney's eOffice. These specimen forms may be revised from time to time by resolution of the bBoard of eCounty sCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full nam;and street address, and telephone number of Issuer) (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty(60)days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: (insert full name of person or entity) (hereinafter"Applicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida(hereinafter "Beneficiary") c/o e -- - _ . .. _ _ _ __ .. -- -. . . _ - - - Engineering Review Services, 2800 North Horseshoe Drive,Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.)up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant)has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S)DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under(insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue)" The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any r� document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 1993 Revision)International Chamber of Commerce Publication No. 400 500. (Name of Issuer) By: (insort titlo of.cor ate e fi eer— must be signed by President, Vico President or Chief €xe (Name of Issuer) By: Printed Name/Title (President, Vice President, or CEO) (Provide proper Evidence of Authority) n PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Dollars($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of (-Sitfetys-v4tness and signature block) WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. Notary Public—State of (SEAL) Printed Name WITNESSES: (Surety Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. Notary Public—State of (SEAL) Printed Name CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this day of , 20 by (description of entity) (hereinafter"Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter"The Board") and (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate("Estimate")prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 (C3 and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated , Account No. (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities,the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold$ from the Construction Loan, in escrow,pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $ from the Construction Loan,to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually n disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of$ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1)year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty(60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; n (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complctc for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall,within sixty(60) days of receipt of the statement of substantial completion, either: a)notify the Developer in writing of his preliminary Ste, approval of the improvements; or b)notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions;provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement.-to include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of , 20 SIGNED, SEALED [Developer Name] AND DELIVERED IN THE PRESENCE OF: By: Printed or Printed or Typed Name Typed Name Printed or Typed Name [Lender] /0-4N. By: Printed or Printed or Typed-Name Typed Namo Printed or Typed Name ATTEST: DWIGHT BOARD OF E. BROCK, CLERK COUNTY Deputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and-legal sufficiency: County Attorney SIGNED IN THE PRESENCE OF: (Name of Entity) By: n Printed Name Print Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Chairman Approved as to form and legal sufficiency: Assistant County Attorney CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 20 between hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security(attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty(60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained,pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board,upon completion of such construction, the final total cost to the Board thereof, including,but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential,which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 20 • SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: By: Printed or Printed or Typcd Name Typed Namo Titlo Printed or Typed Name ATTEST: DWIGHT BOARD OF E. BROCK, CLERK COUNTY Deputy Clerk COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approved as to form end-legal sufficiency: SIGNED IN THE PRESENCE OF: (Name of Entity) By: Printed Name Printed Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: 115 ? ( ' , Chairman Approved as to form and legal sufficiency: Assistant County Attorney n IMPROVEMENTS OF C9 i1 1,1 • _ __• • , . _, . _ P. _ THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION !„ . . \ „ . e _ . d„1 h 1 entered into this day of , 20 by and among , an independent special district and body politic of the State of Florida(the "District"), - :. "&:. _ . ._ �� ♦ � \ _ 5 ..6 Y e ` 1.` ' __ e ,1_ . _ e _ e a 1, , " RECITALS: A. Simultaneously herewith, the Developer has applied for Board approval of that certain plat of the subdivision to be known as (the "Plat"). B. Chapters l and 10 of the Collier County Land Development Code (the "Code") C. The District and the Developer desire to provido the required guarantees to the Board hereby. NOW, THEREFORE, in consideration of the foregoing premises and the mutual agree as follows: OPERATIVE PROVISIONS: 1. Required Improvcmcnts. The District will cause to be constructed: - • ., -- ". -- -• - . . - - _ " . - . .•- _ ' ., _ . - -- . , -- -. .• -. approves the Plat. 2. Security for Required Improvements. A construction fund (the "Construction Fund")has been established by resolution of4hc District adopted on , 19/20 (circle one) (the "Bond Resolution") from which the cost of construction of the Required - " , -:" ' - - - - -• - • • _ - - . • .-- . -- -- . .. . ., . - . - Resolution shall be deposited, at a minimum, in the Construction Fund as follows: $ for costs of the Required Improvements (the "Construction Amount") and$ 15q ( )month period following the issuance thereof. In addition,proceeds of the Bonds shall Resolution in an amount sufficient to pay approximately( _)months of debt service on -- . : - - . - -- - - . - -, . the Reserve Amount. - .. . (a) Annexed hereto and made a part hereof as Exhibit A is a Construction Schedule { ) days following written construction approval to the District from tho , - "-- • - -- - oriod"). Tho District will pursuc construction of the Required Improvements to substantial completion within( )months (b) In the event the District fails to: (i) commence construction of the Required Developer. 4. Development Services Director's Preliminary Acceptance ofRcquiJ cd - - , .. - -- - -- `• - - - - •-- -- • -- - - _ ., ' . . - --- - _ - - - - -- - • -: ' -• _ - " _.. ••• ',- -- ::-. :! -. - -•. . . -- - -- -- , _ - - ' - •-- -- ., - - • -_ . . _. --- -- -- „ 5. Maintcnancc and Reserve Amount. The District or Developer, as the case may be, COMplialiCe with-the Cede shall rece eml .. . . : : -., ,_ •• •_ - ._ _ • • • • • - - • - , - '_, - . . .. . , _. .: : . - 11 6. Plat Rccordation. The parties acknowledges that this Agreement is a . . •- ., - •- _ ., - - -- - -- - - - •- - . _ - . _ : __ '.- - -- - :., . the requirement; established by, Division 3.2.9 of the Code. The parties a. The Developer shall not be entitled to record the Plat until the Board receives: (1) Written notice from the Trustee that sums at lest equal to the Construction Fund(the "Trustee Notice"); (2) Written notice from District and the Trustee that: (a) The project for which bond proceeds have been received by (b) Such Bond proceeds arc sufficient to finance the Required - , . . . _. . .. - _ . - _ •. - .. ' -. -- - -- -- e' - 11 b -11 (3) A representation and warranty from the District that all governmental Improvementshave been obtained("Permit Warranty"); and 7. Liability. The County shall have no liability whatsoever to the bond holders. • - • County. - - • -_ - •. .- - . . = •- • 8. Misccllancous. All of the terms, covenants and conditions herein contained are, . ._, ;•':•A: . __ = :__ • - • --- _ _ , To the District: To the Developer: To the Board: c/o County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 33962 With a Copy to: Collier County Attorney Collier County Government Center 3301 East Tamiami Trail Naples,Florida 33962 To the Trustee: IN WITNESS WHEREOF, the District, the Developer and the Board have caused this - - -• =• • • • • authorized representatives as of this 20 day of SIGNED, SEALED DISTRICT: AND DELIVERED IN THE PRESENCE OF: ATTEST: District By: Its: Secretary Witness DEVELOPER: DEVELOPER: Witness By: Its: ATTEST: DWIGHT BOARD: BOARD E. BROCK, Clerk OF COUNTY By: COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approved as to form n and Legal Sufficiency: County Atteffley Aclnewledge assented to: as Trustee under the within Medd Resale By: Its: Date: THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON _ 1 c. � �_� �. day of , 20 between hereinafter referred to as - - : - referred to as the "Board." . •. - - - - - - - - -' - RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for 2. Division 3.2 of the Collier County Land Development Code allows the Developer final plat. • . ... _ - - - - - -- NOW, THEREFORE, in censideratien of the _ _ •-2 . _ - _ . 1. Developer will cause to be constructed: within months from the date of approval of said subdivision plat, said improvements 2. Developer herewith agrees to construct said improvements prior to recording said 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of$ which represents ten percent of the total -- _ , _ ._ - ,- -- - •- . -..-- - said plat. .. _ -- . .. 4. The required improvements shall not be considered complete until a statement of 5. Tho Development Services Director shall, within sixty(60) days of receipt of the etatemcnt of substantial completion, either: a o_tify the Developer in writing of his preliminary • . . _ - ---- - ; . : ` - -•- • -_ _ •. _ . . . . . _ 6. The Developer shall maintain all required improvements for a minimum period of Development Services Director to inspect the required improvements. The Development • - _ . .. _., . , _ -- _ . _2 :_ -- - . .. . 7. In the event the Developer shall fail or neglect to fulfill its obligation under this • -- - , . .. -: • -• •- - • - .' .. -, _ . .. • .. -• . . . • . _• - -- - the required improvements. The Board shall have the right to construct and maintain, or cause to , _ •- - - --- _- -• -- .- -• • - - _ - -_ , • . . .. .. - . ::• •. . .. .. .... .. . .. . . . . .. .... . ... . • • ., -- . ._ '. - - - - _ :- - -- -- - - - - • - Agreement. 8. All of the terms, covenants and conditions herein contained arc and shall bo executed by their duly authorized representatives this day of , 20 Witnesses to (entity) (Developer Name) Developer By: (printed name and Witnesses-4e (entity) Lender (Lender Name) : By: (printed name and title) ATTEST: DWIGHT BOARD OF E. BROCK, CLERK COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman Approved as to form and legal sufficiency: County Attorney n LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC C:1-C:6 LDC/UDC SECTION: old LDC Appendix C and UDC Appendix C LDC SUPPLEMENT#: Supplement 13 CHANGE: General clean-up of the Appendix. REASON: The document is outdated. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Version created on 6/16/04 at 12:50 p.m. Amend the LDC/UDC as follows: APPENDIX C FINAL SUBDIVISION PLAT,REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (See LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for preparers preparation of those n platting materials required to be submitted to reviewing authorities, including the pProject iReview&Services dDepartment,eUtilities dDiv. ion,&County hllealth dDepartment, eCounty aAttorney and the bBoard of eCounty eCommissioners. Adherence to this format and text will substantially expedite review. Substantial deviation in substance or form from the suggested text and format may result in delay or disapproval of the submitted plat. SURVEYOR'S CERTIFICATE SURVEYOR'S CERTIFICATE 3 3SS- County of Collier 3 permanent control points and lot corners will be sot prior to final acceptance of required I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION, AS PROVIDED IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177, PART 1, AS AMENDED, FLORIDA STATUTES. IT IS FURTHER CERTIFIED THAT ALL ,.� PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. (Signature) (Printed Name) Florida Professional Land Surveyor No. Date (signature) (TYPED OR PRINTED NAME HERE) DATE Include Florida Professional Land Surveyor No. COUNTY COMMISSION APPROVAL COUNTY COMMISSION APPROVAL State of Florida 3 3 County of Collier 3 STATE OF FLORIDA COUNTY OF COLLIER Commissioners of Collier County, Florida, this day of , 20 , A.D., • .n Florida. - _. - - - -- - - - - - -• - -- - : - _ .. , THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THIS DAY OF , 20 ,PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA. , Clerk Chairman, Board of County Genifaissienefs Collier County, Florida DWIGHT E. BROCK (Name of Chairman), CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS IN AND FOR COLLIER COUNTY COLLIER COUNTY, FLORIDA FILING RECORD FILING RECORD at (a.m. or p.m.) this day of , 20 , A.D. and duly recorded in Plat Book Page(s) , inclusive, of the Public Records of Collier County, Florida. I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS, OF CHAPTER 177, FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT (a.m. or p.m.) THIS DAY OF , 20 AND DULY RECORDED IN PLAT BOOK PAGE(S) , INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. , Clerk By: DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEERING REVIEW SERVICES Division of Collier County, Florida this day of , 20; A.D.. THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY, FLORIDA THIS DAY OF , 20 Engineering Review Services (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY COUNTY ATTORNEY This Plat approved by the Collier County Attorney this day of , 20 A.D. THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS DAY OF , 20 . Collier County Attorney (TYPED NAME) ASSISTANT COUNTY ATTORNEY ,-. DEDICATIONS DEDICATIONS State of Florida ) Sg County of Collier } STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS that (owner(s)), the owner(s) of made and do hereby: KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)) , THE OWNER(S) OF THE LANDS DESCRIBED HEREON, HAVE CAUSED THIS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: A. Dedicate to Collier County or the public: 1. Tho rights of way or depicted streets,roads, or ingress &egress easements yurpe sho 2. Any tracts or casements intended to be conveyed to the public for such B. To Collier County Water Sewer District or any other applicable entity: i.e., 1. all water and sewer utility facilities constructed within this platted area, development-regulations, 2. To Collier County Water Sewer District(or any other applicable entity: i.e., Irnmokalee Water Sower District, etc.)indicated. C. Dedicate to the insert appropriate entity name(s)home/property/lot owners' 1. Private road rights of way, 2. Drainage or stormwator management easements, 3. Landscape buffer easements, 'I. Lake maintenance easements, 5. Access easements, 6. Or any other similar easement or tract intended to be dedicated for a set Putaese(s) recording the power or authority to perform the obligation to maintain, along with D. A non exclusive public utility easement(P.U.E.)to all licensed or franchised facilities, including cable television services,provided that such uses be subject be solely responsible for said damages. A. DEDICATE TO THE (insert homeowners' association or legal entity) • 1. Private road rights-of-way, as follows: TRACT"R"AS A PRIVATE ROAD RIGHT-OF-WAY(R.O.W.) (insert street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements; i.e., R.O.W., C.U.E.,P.U.E., D.E., etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainage or stormwater management easements as follows: ALL DRAINAGE EASEMENTS (D.E.)FOR STORMWATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.B.E.) WITH RESPONSIBILITY FOR MAINTENANCE. 4. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASMENTS WITH RESPONSIBILITY FOR MAINTENANCE, 6. Or any other similar easement or tract intended to be dedicated for a set purpose, or purposes. 7. All conservation/preserve areas/easements as follows: ALL(CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILTY FOR MAINTENANCE. THE (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS)MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE(CONSERVATION or PRESERVE) AREAS INCLUDE, BUT ARE NOT LIMITED TO, CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL4 EXCAVATION, DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE; FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. Such tracts, or easements must be dedicated to a homeowners' association, or to n any other lawfully existing entity which has, or would have at the time of final plat recording, the power or authority to perform the obligation to maintain, along l .; 1 with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1. The public rights-of-way(insert name) or depicted streets, roads, or access, as follows: TRACT "A"AS A PUBLIC ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEDICATED AND DEPICTED HEREON(list all ROW easements) WHICH EASEMENTS ARE SUBORDINATE TO, AND MAY NOT BE USED INCONSISTENT WITH, THE USE OF THE RIGHTS-OF-WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUDING, BUT NOT LIMITED TO, PAVEMENT, ROADWAY DRAINAGE, BIKE LANES, SIDEWALKS, AND PATHWAYS. ALL(CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBILTY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7. (name of appropriate paragraph) ABOVE. 2. Any tracts or easements intended to be conveyed to the public for such purposes as they may be required, i.e., canal rights-of-way/easements, drainage or stormwater management easements,preserve/conservation areas/easements, etc., to include, but not be limited to the following examples: ALL DRAINAGE EASEMENTS (D.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. C. DEDICATE TO THE COLLIER COUNTY WATER-SEWER DISTRICT (or any other applicable entity: i.e., Immokalee Water-Sewer District, etc.): 1. All water and sewer utility facilities constructed within this platted area within a County Utility Easement (C.U.E.), upon acceptance of the improvements required by the applicable land development regulations. 2. An Access Easement (A.E.) over and across any private road rights-of way for the purposes of utility maintenance without responsibility for maintenance of the easement area. D. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS PLAT FOR PUBLIC UTILITY PURPOSES, INCLUDING n CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF THEIR RESPECTIVE FACILITIES, INCLUDING CABLE TELEVISION SERVICES, PROVIDED THAT SUCH USES BE SUBJECT TO,AND NOT INCONSISTENT WITH, THE USE BY THE COLLIER COUNTY WATER- SEWER DISTRICT. IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. E. Reserve to the(state appropriate owner entity(s)name(s)): E. RESERVE TO THE(appropriate owner entity(s)name(s)): 1. Aany tracts intended for"Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER WITNESSES: BY: WITNESSES: (NAME OF ENTITY) By: (TYPED NAME/TITLE OF OWNER) PRINTED NAME (Include proper evidence of authority) PRINTED NAME ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING DEDICATIONS WERE ACKNOWLEDGED BEFORE ME THIS DAY OF , 2004, BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. ET') NOTARY PUBLIC-STATE OF PRINTED NAME (SEAL) ACKNOWLEDGMENT All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. On , of 20 the owner(s) executing the Dedication, as the holders of PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAY BE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081(2),F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTGAGEE'S CONSENT MORTGAGEE'S CONSENT STATE OF FLORIDA } COUNTY OF } COLLIER STATE OF COUNTY OF (mortgagee), authorized to transact business in the State of Florida,hereby certifies , Page of the Public Records of Collier County, and does hereby join in and (mortgagee) , AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA, HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK , PAGE OF THE PUBLIC RECORDS OF COLLIER COUNTY, AND DOES HEREBY JOIN IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER, AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATIONS SHOWN HEREON. C:7-;;) NAME TITLE (NAME OF ENTITY) (signature) (TYPED NAME AND TITLE) ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2004, BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC—STATE OF (SEAL) PRINTED NAME All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A. Newly created Appendix in the LDC recodification process (Ord. 04-41) LDC/UDC SECTION: Appendix "H" LDC SUPPLEMENT #: N/A CHANGE: Revising a few UDC section references to reflect the proper ones. REASON: To give an accurate reflection of the LDC/UDC comparison. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: As delineated in the Table. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: This version was created on July 28, 2004 at 12:39 p.m. Amend the UDC [LDC] as follows: APPENDIX H - LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the September 27, 2004, effective date, and the LDC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LDC prior to the September 27, 2004, effective date. The LDC has been revised into a Chapter format as of the September 27th, 2004 date. The contents of this Appendix are as follows: 1 �2 , Article 1 - General Provisions Article 2 -Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions * * * * * * * * * * * * * ARTICLE 2-ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section * * * * * * * * * * * * * ss. 2.2.21. Chapter 2 2.03.07 — § 2.2.27. Overlay Zoning created by 2.2.29728. Districts Supp. 16 (Ord. 2.2.27. in 03-27), revised Chapter 4 in Supp. 18 4.08.00 (Ord. 04-08) 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section created 4. and in Cycle 2, 2004 2.2.29.5. after the LDC (2) and (6) recodification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) ss. 2.2.30. NRPA-2.03.08 Revised in r1 (NRPA) & C ; Supp. 18 (Ord. 2.2.31. NBMO - 04-08) (NBMO) 2.03.08 D * * * * * * * * * * * * * 2.4.4. Chapter 4 4.06.05 — §. 2.4.4. General revised in Landscape Supp. 17 Requirements (Ord. 03-55) 2.4.4.14. Chapter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 — 2.4.4.16. Generally ni7q