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EAC Agenda 10/01/2003 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 1, 2003 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") —Third Floor I. Roll Call II. Approval of Agenda III. Approval of August 6, 2003 Meeting Minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3665 "Bella Logo" Section 3, Township 49 South, Range 25 East II V. Old Business: VI. New Business: LDC amendments - Cycle 3 (LDC amendments for Cycle 3 to be continued on October 6 at 9:00 A.M.) 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 29, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732-2505). 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. � i August 6,2003 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room,3'd Floor,Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 AM August 6, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, 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: Ii Members: Tom Sansbury Michael V. Sorrell Alexandra Ellis Ken Humiston William Hughes Alfred Gal Ed Carlson (left at 3:50 PM) Erica Lynne (left at 1:00 PM) Collier County Staff: Patrick White, Bill Lorenz,Barbara Burgeson, Stan Chrzanowski, Stephen Lenberger,Marjorie Student—Assistant County Attorney— Ellen Chadwell filled in for Marjorie Student from 12:45pm-1:20pm, Kim Hadley, Russell Webb, Fred Reischl Page 1 ENVIRONMENTAL ADVISORY COUNCIL Page 1 of 1 9:00 A.M. Commission Boardroom W.Harmon Turner Building (Building"F")—Third Floor WEDNESDAY, AUGUST 6, 2003 I. Roll Call II. Approval of Agenda III. Approval of July 2,2003 Meeting Minutes IV. New Business: A. Land Development Code Amendments (Clam Nursery Amendment) V. Land Use Petitions A. Planned Unit Development Amendment No.PUDZ-2002-AR-3158 "Coconilla"-View Staff Report Section 17,Township 48 South,Range 25 East B. Conditional Use No.CU-2002-AR-3537 "Stewart Earthmining"-View Staff Report Section 19,Township 46 South,Range 29 East C. Commercial Excavation No.EX-2002-AR-4378 "Stewart Earthmining"-View Staff Report Section 19,Township 46 South,Range 29 East D. Planned Unit Development Amendment No.PUDZ-2003-AR-3860 "Artesa Pointe"-View Staff Report Section 3,Township 51 South,Range 26 East E. Planned Unit Development No.PUDZ-2002-AR-3495 "Wentworth Estates PUD"-View Staff Report Sections 29,30,31 &32,Township 50 South,Range 26 East Section 5, Township 51 South,Range 26 East F. Excavation Permit No.EX-2002-AR-3112 "Golden Gate Quarry"- View Staff Report Section 21,Township 49 South,Range 27 East VI. Old Business: VIII. Council Member Comments IX. Public Comments X. Adjournment http://www.colliergov.net/natresources/Environmentawagendas/08-06-03.htm 8/5/2003 August 6, 2003 I. Roll Call -The meeting was called to order at 9:06 AM. A quorum was established. Members: Alexandra Ellis, Tom Sansbury, Ken Humiston, William Hughes, Alfred Gal, Ed Carlson, Erica Lynne, Michael Sorrell -Michael Coe had an excused absence. Collier County Staff: Bill Lorenz, Barbara Burgeson, Stan Chrzanowski, Stephen Lenberger,Marjorie Student—Assistant County Attorney, Fred Reischl'; Kim Hadley, Russell Webb II. Approval of Agenda -Due to the fact that Stewart Earthmining was originally listed first on the agenda and they were continued from the last meeting, the committee members decided to hear the two Stewart Earthmining petition's first. -All committee members agreed to the revised agenda. III. Approval of June 4,2003 meeting minutes -Mr. Hughes stated that at the last meeting he asked to have an update on the county leech-aide processing facilities at the waste facility. This request was not in the minutes and he had not yet been contacted to set up an appointment to see the facility. -Mr. Lenberger stated that he would follow up with Mr. Hughes question and he would also hand out a tape, in regards to the waste management issue,to the committee members after the break. (A copy of this tape was not provided to the court reporter.) -Mr. Carlson moved to approve the minutes of June 4, 2003 as corrected. It was seconded by Alexandra Ellis. All were in favor; the motion passed unanimously, 8-0. IV. New Business A) Land Development Code Amendments (Clam Nursery Amendment) -Russell Webb, Collier County Planning Services, asked if there were any questions regarding the proposed LDC amendment. The committee members did not have any questions regarding the amendment. Page 2 August 6, 2003 -Alexandra Ellis made a motion to recommend approval to the BCC of the proposed LDC amendment. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 8-0. V. Land Use Petitions A) Conditional Use No. CU-2002-AT-3537 "Stewart Earth mining" Section 19,Township 46 South, Range 29 East B) Conditional Use No. EX-2002-AT-4278 "Stewart Earthmining" Section 19, Township 46 South, Range 29 East -Items V-A &V-B were heard together. -The court reporter swore in all those who would be testifying. -There were no disclosures reported. -Stan Chrzanowski, Development Review Engineering Staff, explained that the petition is now being heard as a conditional use petition with the accompanying excavation permit application. Mr. Chrzanowski pointed the area out on the map and reminded the committee that previous concerns about this petition were in regards to the fact that the depth of the excavation did not follow the fetch- formula. -Mr. Hughes asked if the fetch formula could be changed in the code. Mr. Chrzanowski explained that this approval would only be for this petition and he saw no reason to change the formula in the code. Mr. Humiston believed that the fetch formula should be removed from the code since the water stratification did not have an affect on the water quality. Mr. Chrzanowski stated that he could schedule a workshop for the EAC to discuss the fetch formula. -Mr. Carlson felt the issue was that the deep lake was a direct conduit into the .surficial aquifer. He noted that he did not have a problem with the petition,but asked if anyone would be reviewing adjacent land uses to verify if a protection Page 3 August 6, 2003 zone was needed. Mr. Chrzanowski stated that he did not know if there would be anyone to review this, but he will look into the matter. -Erica Lynne agreed with Mr. Carlson's concern and asked if they were sure that the depth of the lake would not punch through to the deep aquifers. Mr. Chrzanowski stated that this would not happen. -Mr. Hughes made a motion to approve the two petitions with the addition of a berm, (with a membrane), and the recommendation that the county closely monitors surrounding land uses to ensure that no potential pollutants are not in the areas. -Pamela Stewart, Attorney for Stewart Earthmining, was against having a "requirement" for a berm, unless it can be shown through a study of the surrounding lands that there is a problem with seepage. -Jeff Davidson, Civil Engineer, stated that typically the lake excavations that they do in Collier County are berm-ed or the stage in the lake is less than 100yr flood elevations. He did not believe this requirement would be a problem. He did not believe that placing a membrane in the berm would help the flow of ground water. -Nick Stewart, President of Stewart Mining, had no objections to Mr. Carlson's recommendation to have the county review adjacent land uses. Mr. Stewart also had no objections with the berm. Public Speakers 1) Howard Hayes, DEP—Bureau of Mine Reclamation, asked if the board had any questions on the state regulations on mining. -Mr. Carlson asked if they looked for significant point sources of pollution in the region around sand-pits similar to this one. Mr. Hayes stated that they do when the application comes in,but they have no authority to regulate land uses. He added that future changes in land use, would be a county issue. -Mr. Humiston asked if Mr. Hayes knew about the "cattle dunk baths"and if there were any in this area. Mr. Hayes stated that the district office would inform them of this type of situation when the application was received and his department walks the sites. If anything like this were Page 4 August 6, 2003 found during the walk, then it would be a concern. Mr. Stewart added that it would have shown up after the state had located all of the "dip-bath areas"and there was nothing listed on his title policy. 2) Mark Hurst,Mining Consultant, informed the committee that he was currently employed by Stewart Mining. Mr. Hurst noted that this mine will be required to have an industrial waste water permit. The permitting review is intended to prevent the mining companies from polluting the ground. He thought that it was a good idea to review adjacent land uses to ensure that nothing was seeping into the pit and potentially the ground water as well. Mr. Hurst explained that the"potentially polluting facilities"would also be required to obtain similar permits and prove that they will not be polluting the ground water. Mr. Hurst stated that this site is located near citrus grove and he has never experienced problems in the past with grove chemicals entering the pits. -Mr. Stewart stated that they would not mind taking water samples and submitting the results to the county on a quarterly or biannual basis in order to ensure water quality. Mr. Carlson stated that he is not looking for something like this; he is looking for something like a"well field protection effort". -When the motion was recalled, Marjorie Student informed the committee that they needed to make to separate motions; one for the conditional use and one for the excavation permit. -Mr. Hughes made a motion to recommend approval of the conditional use permit with the condition that the excavation pit be berm-ed, (if there is not sufficient clay material, then some type of barrier material should be installed to prevent horizontal flow from surrounding properties), and the recommendation that the county establish a procedure that would monitor the surrounding land uses to ensure that no pollution source would be able to enter the pit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7-0. Page 5 August 6, 2003 /".\ -Mr. Hughes made the same motion in regards to the excavation permit. It was seconded by Mr. Carlson. All were in favor of the motion; the motion passed unanimously, 7-0. C) Planned Unit Development Amendment No. PUDZ-2002-AR-3158 "Coconilla" Section 17, Township 48 South, Range 25 East -The photos, maps, and presentational materials provided to the committee were not provided to the court reporter for this item. -The court reporter swore in all those who were testifying. -Disclosures: -Mr. Carlson stated that he had numerous meetings with the petitioner and his employer is planning a benefit with the Pelican Island Yacht Club. Mr. Carlson recused himself from the vote. -Mr. Humiston stated that the applicant is his client. Mr. Humiston recused himself from the vote. -Erica Lynne stated that she received a lot of information in the mail, one telephone call, emails, and her signature is on an application to save the Seagulls. Due to an appearance of a conflict of interest, Erica Lynne recused herself from the vote. -Mr. Sorrell stated that he received pro and con information in the mail. He did not believe that this would "cloud"his judgment. -Mr. Hughes stated that he had been receiving items in the mail and he visited the site unannounced in order to review it personally. -Mr. Sansbury, Mr. Gal, and Alexandra Ellis also received materials,but not enough to present a conflict. -Rich Yovanovich, with the law firm of Goodlette, Coleman, &Johnson, represented the petitioner. The existing site is zoned C-4. It was recently an active Marina, which resulted in the environmental contamination on the property. Eco-group has a contract to purchase the property; the marina will not stay and will not be a future use on the property because it is not an economically sound Page 6 August 6,2003 investment. The petitioner is proposing a residential condominium, which includes public services with the project. The project includes a residential tower that stair steps up from 15 stories over parking to 21 stories over parking. There will be 10 marina villas in the project and 102 units. The petitioner is proposing to provide the public with public parking, which will enable the county to build additional parking for trailer-ed boats. They will also provide for interconnectivity with the park. The fueling station proceeds will go to the county. There will also be a public ship-store. The site is 10.45 acres; —.43 is under water. The petitioner is proposing to create a marina for boat slips and a flushing area that will be replanted with mangroves. Mr. Yovanovich stated that the neighboring PUD was approved for four towers with a maximum height of 200ft over parking; therefore the transition is compatible with area uses. Mr. Yovanovich reviewed policy 5.9. The petitioner is requesting—11 units/acre after the public areas have been removed from the equation. Mr. Yovanovich stated that this is within the intent and desire of the comprehensive land use plan and therefore consistent from a future land use element standpoint. The county conservation element, water related vs. water dependent uses, was also reviewed with the committee. Mr. Yovanovich feels that they have complied with the conservation element. The petitioner has provided a manatee protection plan and a bald eagle protection plan. The applicant believes that they have fully complied with the county's comprehensive plan and they believe that the proposed uses are the best alternative from an economic and an environmental standpoint. -Chris Oslegar, Vice President of Eco-group,presented an overview of other projects that they have constructed in order to show the high quality they use and the lengths they go to in order to protect the environment. A few of the projects reviewed were Pelican Isle Yacht Club, Barefoot Beach Club, Sanibel Golf Village, and the Tides Beach Club. -Joe Tucker, Mac-tech Engineering, stated that they assisted this project in the due diligence process by identifying certain environmental conditions associated with past/present land uses. Joe Tucker explained that the marina uses on this property have the potential for pollution and stormwater run-off. A number of the Page 7 August 6, 2003 marina activities have led to the contamination of the property. The three categories of contamination on this site are soil contamination, ground water contamination, and sediment contamination. Eco-group proposes to remediate the contamination at the site. Joe Tucker explained how the amount of remediation required will be more significant on a residential site than it would on a commercial site on this property. In summary, she believed that the proposed residential land use had environmental advantages by removing sources of concern, the remediation of contaminants, and the fact that the remediation will be to the most stringent standards. -Mr. Hughes asked about the federal standards for remediation. Joe Tucker informed him that the state standards are more stringent than the federal standards. -Joe Tucker provided the committee with two tables of sampling done at Wiggins Pass; soil/sediment analytical results summary and Ground water analytical results summary. -Andy Woodruff, Vaseril & Associates Senior Ecologist, stated that they were an environmental consultant for the project site. The site has-10acres of uplands identified on the project identified as a commercial marina. There is also-4/10 acre of open water, which has been used for the launch and docking of vessels. There are no native habitat types present within the developed uplands and there are no mangrove or sea-grass habitat present within the open waters. The proposed projects impacts are: a. The redevelopment of the existing uplands. b. Dredging of-2/10 acre of open water. c. Excavate-3.65 acres of existing uplands for the creation of the new boat basin, but adjacent to this 8/10 acre of inter-tidal habitat will be created. This inter-tidal habitat will be used to improve water quality/exchange in the basin and it will be planted with mangrove vegetation,which will provide habitat for fish and wildlife. d. In regards to listed species: Page 8 August 6, 2003 "-` -Manatees do occur in the area. The project will eliminate—450 dry storage spaces, which will significantly decrease the amount of boat traffic. The project will also eliminate ramps for trailer- vessels. There will be no increase on the number of wet slips. A Manatee Protection Plan was also created. -Bald Eagle nest CO-19 was identified on site. The project lies within and just outside of the secondary protection zone. This nest has been active all but once in the last twelve years and it has successfully fledged two young during the last two nesting seasons. The eagles have demonstrated acclamation to the Wiggins Pass Marina. The applicant is proposing construction activities within the secondary zone during the nesting season. A Bald Eagle management plan has been prepared. This plan is being reviewed by the Fish &Wildlife Service, the petitioner has been in consultation with them, and they have agreed to no construction of multi-story buildings in the secondary zone without the authorization of the Fish & Wildlife Service. Mr. Woodruff also reviewed the additional Eagle initiatives that had been voluntarily submitted by the applicant. Some of the long-term benefits to the bald eagle from the proposed zoning change are: reduction of the vessel traffic originating from the site, reduction in chemical and noise pollution, shielding and use of low wattage lights will be used, remediation of the existing pollution, creation of inter-tidal habitat that will include mangrove plantings, native vegetation will be used in the landscaping, and the assumed activity of feeding the Eagles will be stopped with the proposed project. -Mr. Gal asked if the petitioner agreed to allow the monitor to shut down the project if there is a disturbance to the eagle's nest. Mr. Woodruff stated that they would if it became a situation where it was clearly a disturbance factor. Mr. Gal asked who made this decision. Mr. Woodruff stated that he believed Fish& Page 9 August 6, 2003 Wildlife would decide on the resolution after a disturbance was noticed. Mr. Gal asked who would employ the monitor. Mr. Woodruff stated that it would be the petitioner. -Duke Woodson, Environmental Attorney with the law firm of Foley& Lardner, explained the federal approval process to build within the vicinity of an eagle. The petitioner must perform a biological evaluation and then submit the evaluation, a management plan, and a monitoring plan to the Fish &Wildlife Services. Fish & Wildlife Services takes this information and reviews it, they then send a recommendation to the Corps of Engineers. The Corps of Engineers can then either accept or reject this recommendation and issue the permit with conditions. Mr. Woodson reminded the committee that all eagles are different and they must be reviewed on a case to case basis and that all of the documents referred to in the permitting process are guidelines not statutes. Mr. Woodson reviewed some of these guidelines with the committee. Mr. Woodson noted that they know from past monitoring that these two eagles are "urban eagles", accustomed to the urban disturbances and way of life. Mr. Woodson explained that the applicant employs the monitor, but the guidelines determine who the monitor may be. The guidelines also outline what variances disturbances to the eagles are, how they are noticed, and what is to be done when a disturbance occurs. The monitor is trained in these guidelines and what to notice. If the monitor notices any disturbances then he reports it to the owner of the property and to Fish & Wildlife. Mr. Woodson stated that in his experience, Fish & Wildlife is very quick to shut down a project if a disturbance occurs. The penalties for not obeying the orders of Fish & Wildlife are criminal penalties. Mr. Woodson added that the applicant will be obeying the orders of Fish&Wildlife. -Mr. Carlson asked how successful the eagle management plans have been throughout the state. Mr. Woodson stated that they have been successful;the population of eagles has increased. Mr. Woodson added that he cannot guarantee the eagles will stay, they may find a new habitat, the tree they nest in, (which is a n dead tree), may blow down in a storm, etc.. Mr. Carlson asked what eagle's Page 10 August 6, 2003 reactions have been to tall buildings as opposed to other developments. Mr. Woodson informed him that different eagles act different ways and there are tall buildings in this neighborhood. Mr. Woodson reviewed a provision in the 1987 guidelines under recommended restrictions, which recommended the restriction of tall buildings near eagles, but used words such as "in most cases", "likely", etc.. Mr. Woodson did not believe that the construction would disrupt the eagles since they will not build between the nest and the feeding area. -Chris Osleger added that one of the benefits of this process is that they have formed relationships with the various consultants; Nancy Payton, Ed Carlson, Lynda White of Audubon, etc... These new relationships provide them someone to turn to for advice on the specific situations in regards to the eagles. Many of the recommendations from the discussions with these groups and individuals were used to come up with the proposed benefits. Mr. Osleger added that they want the eagle to stay in the nest and they will quickly respond to anything the monitor reports as a potential disturbance. At 10:45am a break was taken until 10:53am. -Kim Hadley, Environmental Services Department, read into the record an additional stipulation she added to the staff report (the committee received a copy earlier in the morning). The stipulation read: "The marina management plan shall be amended to include a sediment quality program to address the issues associated with operating a recreational marina and fuel facility. Included in this plan shall be a requirement to establish the existing conditions of the sediments with the level 2 environmental assessment as a baseline for future monitoring and compliance." She added that the additional measures the applicant stated they would take regarding the Bald Eagle should be to the management plan, (the county has a copy of this as well). The committee also received, earlier in the morning, copper readings for the Cocahatchee River Basin put together by Pollution Control. Page 11 August 6, 2003 -Dusty Perkins, US Fish & Wildlife, offered to answer the questions of the committee. -Mr. Gal asked how the Fish&Wildlife decided to shut down a project and whether or not the petitioner had the opportunity to dispute it. Mr. Perkins state that this opinion is usually part of a biological opinion or a habitat conservation plan. The monitor is employed by the applicant and this is the person who will look for the disturbances and then follow the orders outlined in the biological opinion. -Mr. Carlson asked about the track record for the bald eagle management plans. Mr. Perkins stated that projects consistent with the guidelines do well. -Alexandra Ellis asked if they were allowing construction during the nesting season in the secondary zone. Mr.Perkins informed her that this project would need an Army Corps of Engineer permit. Currently the Army Corps of Engineer has issued a"may affect" order and requested Fish & Wildlife to conduct consultations with the petitioner. The product of these consultations is the biological opinion. -Mr. Hughes asked if they had comments on the chemicals at this site. Mr. Perkins stated that they provided some comments, but they have not completed the review process yet, and have requested further information. -Mr. Sansbury asked the petitioner if they had any objections to Kim Hadley's, (staffs), stipulation as previously noted. The petitioner stated that they will agree to all the stipulations. Public Speakers 1) Eugene Fostor,property owner at Pelican Island Yacht Club, stated that he and his wife are in favor of the proposed condominium because: it will create less pollution, less road and boat traffic, less pollution of surrounding waters, and less noise pollution. 2) Lynda White, Coordinator of Eagle Watch, explained that CO-19 was monitored by Eagle Watch since 1997. Audubon would prefer that there Page 12 August 6, 2003 be no construction during the management zone of the nest during nesting season, but they realize that this is not a practical timetable for construction. Therefore, if US Fish & Wildlife Services grants permission for construction to occur, then the bald eagle management plan may be amended. Noise abatement is a priority for nesting eagles, monitoring of the birds by a reputable biological firm is necessary, and the eagle watch volunteers should augment the monitor since they have viewed this pair of eagles for the last eight years. Lynda White has volunteered to lead an education program on the nesting habits of bald eagles for the construction workers. Lynda White believes that a responsible management plan can result in successful nesting season even with ongoing construction. She believed it was unacceptable that this project does not require an incidental take permit. She urged the county to establish an eagle management plan. Lynda White added that Chris Oslegar has expressed a willingness to amend his management plan to include her suggestions, she believes that he is sincere in his desire to do what is best for the birds, and she believes that the amended management plan will minimize the current impacts to the eagles in this area. 3) Mimi Wolok represented the Estuary Conservation Association, (ECA). ECA monitors the health of Wiggins Pass. ECA supports the proposed residential development as long as the applicant complies with environmental laws and guidelines, follows the recommendations of ECA: no construction activities during the bald eagle nesting season in the primary or secondary zones, the height of the condo unit should be limited to the height of the bald eagle nest, water quality testing should be done immediately and incorporated into the community water testing program that is currently being conducted, and the testing program should carry out for the next five years. Mimi Wolok placed a letter from the President of ECA, Andy Hill, and a letter from Robert Mountain Jr. regarding evidence that bald eagles occur in the construction zone into the record. Page 13 August 6, 2003 4) Doug Fee,President of the North Bay Civic Association, submitted emails into the record of individuals who were in support of sending a recommendation of denial to the BCC. Mr. Fee stated two quotes for the record: -"We do not feel that there are any environmental issues". -Came from Chris Oslegar in a meeting the North Bay Civic Association attended. -"The applicant will not have to go before the EAC."—Came from Bob Mulhere at a public meeting. -Mr. Fee stated that he was representing hundreds of individuals who could not attend this meeting and they recommended denial of this rezone. He explained that they provided a binder to the committee that included the North Bay Civic Association's position, public comment letters, and two petitions to deny the rezone and protect the eagles. Mr. Fee explained that they feel the current marina is a benefit to the bald eagles and manatee. They are opposed to construction in the secondary zone during the nesting season. 5) Lew Schmidt, Pine Avenue Resident, stated that he was president of a marine transportation company in the port of Chicago. He suggested that the proposed marina was not given appropriate consideration. He was opposed to 50ft docks since they encouraged large boats,which were not able to go through the area without causing problems. He requested that the EAC suggest to the developer that he reconsider the marina configuration. 6) Ralf Brookes,was opposed to the re-zone since it did not consider the human element; the fact that it was removing public accessibility to docking. He believed that a marina should be located at this site. Mr. Brookes was against construction during the nesting season and felt that they were experiencing an"erosion of the bald eagle protection". Mr. Brookes felt that there was no reason to change the zoning and that to do so was inconsistent with the comprehensive plan, since it was not preserving water related uses. He felt the idea was to "protect the potential for this site to be used as a marina". (Handouts and Page 14 August 6, 2003 presentational materials used by Mr. Brookes were not provided to the court reporter.) 7) Dick Macken represented the 216 owners of The Village of Emerald Bay. The residents were opposed to the rezone for a variety of reasons. They feel that the decline in the number of bald eagles in Florida is due to the"steady encroachment of development on the birds nesting sites". The residents feel that the bald eagles are well adapted to their site, where they have"habituated"to the problems of noise and traffic coming from the marina and the road. They believe that the construction of the high-rise towers will "almost certainly"lead to the abandonment of the nest. 8) Barbara A. Bateman, resident of Naples Park, was opposed to the re- zone and believed that there was a need for a marina in the area. She believed it would be a benefit to the county if they acquired the property and maintain the marina uses. 9) Marie Sourbeer,resident of Naples Park, was opposed to the re- zoning because Collier County had a need for boating services and facilities. She noted that the lack of boating facilities leads people to store their boats in their garages, which is a code violation. She recommended that the county consider purchasing this land and maintain the marina uses. 10)John Hickey represented 356 residents of Beach Walk Resident's Association. The members are opposed to the rezone because of the negative impacts of construction on the nesting eagles, there is a need for marinas in Collier County, deeper draft dredging is a danger to manatees and mangroves, the US Army Corps of Engineer study has not been completed yet, eco-ventures does not currently own the land and will probably not purchase it if the rezone is denied, and the use of this property is more efficiently used as a marina. 11) Tom Gardella,Bonita Shores resident, stated that his family was opposed to the building of a high-rise since it also affected humans as a n species. He was very concerned about the view pollution. Page 15 August 6, 2003 12) Susan Stiefel, Vanderbilt Beach Estates area resident, stated that she belonged to the ECA. She stated that the ECA was opposed to the re-zone if any construction occurs during the nesting season. She felt that the Army Corps of Engineers report needed to be completed in order to understand the possible impacts to the eagles. She "echoed"the opinions of those who spoke regarding the human rights in the neighborhood. 13) Bob Stone did not believe that the high rise would be more"friendly" to the eagles than the marina, since the eagles have become accustomed to this environment. He also did not believe that the applicant would stop construction if a disturbance was noticed and he felt that the development would further destroy the coastal environment. Mr. Stone was opposed to the re-zone. 14) Donna Reed Caron stated that the applicant had requested to tear down a pine tree that the eagles nested in. She explained that this is one of the reasons she did not believe the applicant was concerned with the eagles safety. She called the state DEP and spoke with Judy Wysoki and found out that the DEP does not make any distinction between residential or commercial properties in regards to clean-up and the upland dredging will stir up old sediment which could find its way into the estuary. She was opposed to the rezone. 15) B.J. Savard-Boyer,President of the Vanderbilt Beach Property Owners Association, stated that they are opposed to the rezone. She noted that there might be a potential buyer, maybe even the government, of the property if it remained commercial. She believed that this project is not "human being friendly". 16) Bonnie L. Karkut, the North Bay Civic Association, stated that this project will not be better for the environment as the petitioner has stated. She was concerned about the decrease in public access. She was opposed to the rezone. 17)John Bache,resident of Tiburon, was in favor of the residential rezone. He believed that a residential zoning of this property would Page 16 August 6,2003 benefit the environment. He noted that condos would also increase the tax-base. He added that he was a member of ECA and he agreed that the water quality needed to be cleaned up, but this would cost a lot of money. 18)Anita K. Brown stated that she was against the rezone and the high- rise towers, since it caused view pollution. She also believed that this project would destroy the environment. She asked the committee to consider the human rights and the rights of the future children to enjoy the environment. She believed that the committee was not hearing from neutral experts and requested the EAC to urge the county to find neutral experts to evaluate these plans. She requested that the county buy this land and keep it open to the public. 19) Robert Nolan,Pelican Island Yacht Club resident, was in favor of the rezone to residential use. He noted that the issue was not about saving a marina, it was about the environment. He believed that the manatee would benefit greatly from the improvements that this project is proposing. He added that the owner had the right to sell this property to whoever he wants. 20) Tom Nelson explained that he is one of the eagle watchers,who has spent a lot of time watching this particular eagle nest. He was opposed to any construction during nesting season. He noted that the flight pattern of these eagles is that they come in from all directions. He felt that the county needed to establish an eagle management plan in the future. 21)John Findley, Certified Marina Manager and Level 4 Responder for the state of Florida, stated that a commercial marina has a higher potential for spills than a residential marina. He added that a commercial property could be built in this space and then people will still be concerned about the increased traffic, noise, etc... As for dredging, he explained that deeper waters are better for manatees. He was not for or against the proposed project, he only felt that people were not considering the possibility of other commercial uses that could be worse. Page 17 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER 1,2003 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-2003-AR-3665 Petition Name: Bella Lago PUD Applicant/Developer: Gates McVey-Knopke, LLC Engineering Consultant: Coastal Engineering Consultants, Inc. Environmental Consultant: Earth Balance II. LOCATION: The subject property is an undeveloped 24.21-acre parcel located on the east side of Goodlette-Frank Road, approximately 1000 feet south of Vanderbilt Beach Road in Section 3, Township 49 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Development and road right of way surround the property. ZONING DESCRIPTION N - PUD Pelican Marsh preserve area A Collier County Utilities plant S - PUD Residential Tract of Calusa Bay; 300-Acre Goodlette Road PUD E - PUD Residential Tract of Monterey; Monterey PUD W- ROW Goodlette-Frank Road ROW A Single family and agricultural uses; Pine Ridge subdivision EAC Meeting Page 2 of 7 n IV. PROJECT DESCRIPTION: The proposed Bella Lago PUD is a residential development with a maximum of 72 dwelling units. The residential units include attached single family, villas and townhouses of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed- use developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so is subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density 4 du/a Traffic Congestion Area -1 du/a Total Eligible Density 3 du/a Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: The project is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation&Coastal Management Element, for the following reasons: A minimum of 25 % of the existing native vegetation on-site is being retained and set aside as preserve areas with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off-site preserve areas and wildlife corridors. EAC Meeting Page 3 of 7 Habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I invasive exotic plants as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement(EIS)pursuant to policy 6.1.7 has been satisfied. Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Agency permits shall be required prior to Site Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6,required preservation areas have been identified on the PUD master plan. Allowable uses within the preserve areas have been included in the PUD document, and are consistent with the uses identified in Policy 6.2.6. n A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). A gopher tortoise management plan in accordance with Policy 7.1.2 will be required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: Stormwater Management: The site is located within the Pine Ridge Canal Basin. The County maintains the stormwater facility adjacent to the west side of Goodlette-Frank Road. The stormwater system will be designed to meet SFWMD and Collier County rules an regulations for a 25-year 3-day storm event and for water quality. The discharge will be limited to 0.15 CFS/AC, and it will be directed to the ditch located on the west side of Goodlette-Frank Road. EAC Meeting Page 4 of 7 Environmental: Site Description: Pine flatwoods occupy the majority of the subject property (20.79 acres) with the remaining acreage being made up of vegetated non-forested wetland (.41 acres), herbaceous rangeland (.78 acres) and 2.23 acres of utility easements which front Goodlette-Frank Road. Varying degrees of exotics are present throughout the property. A portion of the site is being used for beekeeping and honey production. Three soil types occur on the subject property as mapped by the Natural Resources Conservation Service (NRCS). Immokalee fine sand covers most of the site, Basinger fine sand and Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional make up the remaining soil types. One of the soil types found on site, Boca, Riviera, Limestone Substratum and Copeland fine sand, depressional is listed as a hydric soil by the NRCS. A map showing the locations of the soils on site, along with descriptions of each soil type, are included as attachments in the (EIS). n Wetlands: A small portion of the northeast corner of the site is jurisdictional wetland (.41 acre). A brief summary of the major flora within these wetland areas is found on page ten of the EIS. This wetland is contiguous to wetland preserves on the Pelican Marsh and Villages of Monterey PUDs. Part of the wetland contains an FP&L easement and has severe rutting from vehicle access. This area comprises only .02 acres of the site. The entire area of the wetland, minus the .02 acre FP&L easement, will be preserved as part of the project's preservation requirements. Preservation Requirements: As required in Section 3.9.5.5.3 of the Land Development Code, twenty-five percent of the existing native vegetation is required to be retained onsite. The minimum preservation requirement for the 24.21-acre site, excluding the FPL easements (2.25 acres) is 5.49 acres. The applicant is proposing to retain 5.59 acres of wetlands and uplands as shown on the PUD master plan. II� EAC Meeting Page 5 of 7 /'1 Listed Species: One protected species was found on the property by the environmental consultant using state methodology to survey the property. Eight active and six inactive gopher tortoise burrows were observed, which are scattered throughout the site (see Exhibit 10 of the EIS). Staff observed one additional active burrow and four gopher tortoises during two site visits. A current survey will be required at the time of Site Development/Construction Plan submittal and a state permit for relocation will be required for approximately six of the fifteen burrows. They will all be relocated within the northern upland preserve tract (Tract B-1), which is the best suitable habitat available and is contiguous with off-site preserves, and will be protected through a required gopher tortoise relocation/management plan. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR- 3665, "Bella Lago"with the following stipulations: Stormwater Management: 1. This project must obtain a surface water management permit from the South Florida Water Management District. 2. Collier County Stormwater Management Section will review and approve the stormwater system. 3. At the time of construction plans review, petitioner shall verify that peak stages do not cause adverse off-site impacts to neighboring developments. Environmental: 1. Revise Section 2.17 of the PUD document to reflect the correct acreage of preserve requirement, 5.49 acres. 2. Revise the master plan to reflect the correct acreage of preserve requirement and the correct boundary of the preserve (minus the east-west FP&L easement). 3. Revise the EIS to reflect the correct acreage of preserve requirement and indicate that the FP&L easement through the wetland will not be included in �"\ the required preserve. EAC Meeting Page 6 of 7 PREPARED BY: 10:11 t� - (,5le5P03 STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER //( /'-13 . ADARMES MINOR, P.E. DATE ENGINEER SENIOR <aw LAURA ROYS DATE ENVIRONMENTAL SPECIALIST •► Cfre /oma F' ! 41 ISCHL, AICP DATE PRINCIPAL PLANNER EAC Meeting Page 7 of 7 REVIEWED BY: /3a- '. `13. q--1c-a3 BARBARA S. BURGESON a DATE PRINCIPAL ENVIRONMENTAL SPECIALIST AO .J ,_. ...........„4. 10.9..j6 a b_� 1'l/ti LIAM D. LO PI NZ, Jr., ' E. DATE E IRONMENTAL SERVICES DEPARTMENT DIRECTOR ?/6. 03 /-4,, USAN MURRAY, AICP DATE CURRENT PLANNING MANAGER APPROVED BY: it'll,. le.., / r//2 43 •SEPH K. ' CHMITT DATE OMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR ORIGIN: Community Development and Environmental Services Division County Attorney Office AUTHOR: Stephen Lenberger, Senior Environmental Specialist Thomas Palmer, Assistant County Attorney DEPARTMENT: Environmental Services Department County Attorney Office AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:220 LDC2:226.1 LDC2:226.5 LDC2:228.1 LDC SECTION: Amend Subsection 2.6.35.1 Add Subsections 2.6.35.5.9 &2.6.35.5.9.(1, 2, 3 &4) Amend Subsection 2.6.35.6.12 Add Subsections 2.6.35.8 &2.6.35.8.(1, 2, 3, 4 & 5) CHANGE: Incorporate environmental guidelines into the Land Development Code to lessen the negative impact communication towers have on migratory and other species of birds, and provisions related to E911 emergency wireless telephone facilities as required by recent amendments to Section 365.172, Florida Statutes. REASON: The Rural Fringe Amendments require the County to review the list of essential service uses in the Sending Lands and Conservation Designation, and within 1 year determine what should be allowed and under what circumstances. New Section 2.6.35.8, (with its subsections 1,2,3,4 & 5) are mandated by recent amendments to Section 365.172, Florida Statutes (a general law of Florida). FISCAL & OPERATIONAL IMPACTS: Staff estimate that up to one half hour additional staff time may be needed to review site development plans for compliance with these additional regulations. The base chargeable hourly rate for the department for this type of review is $109.00. Cost estimates for bird diverter devices on the guy wires range from $9.95 to $15.95 per diverter, with an installation cost of $5.00 per diverter. The suggested spacing, as provided by the industry, is at 50-foot intervals along the guy wire. 300 foot tower: 10 guyed wires at 300 feet, spaced at 50 feet=60 $14.95 per diverter(installed) x 60= $897 $20.95 per diverter(installed) x 60= $1,257 700 foot tower: 10 guyed wires at 700 feet, spaced at 50 feet= 140 $14.95 per diverter(installed) x 140= $2,093 $20.95 per diverter(installed) x 140 = $2,933 Monopole towers cost approximately 25%more to build than a guy wire towers. Lattice structure towers cost approximately 15% more to build the guy wire towers. This price may be offset by the smaller amount of land needed to construct non-guy wire towers. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: The Rural Fringe Amendments require the County to review the list of essential service uses in the Sending Lands and Conservation Designation, and within one (1) year to determine what should be allowed, and under what circumstances. Amend the LDC as follows: Sec. 2.6.35. Communications towers. 2.6.35.1. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. * * * * * * * 2.6.35.5.9 Migratory Birds and other Wildlife Considerations. 2.6.35.5.9.1. Guy wires on new ground mounted towers that will exceed a height of seventy-five (75)feet, exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet in height, exclusive of antennas. Except to the extent, if any, not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant desires to install such new ground mounted tower that is proposed to be guyed, the applicant shall not guy that tower without proving that a tower without guys cannot serve the tower's intended purposes without being guyed. 2.6.35.5.9.2. Bird Diverter Devices on Specified Ground Mounted Guyed Towers. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). Such devises shall be spaced along the guy wire at approximately fifty(50) foot intervals. 2.6.35.5.9.3. Habitat Loss. In addition to the requirements in Division 3.9 of the LDC, towers and other on-site facilities sited in the rural area east of State Road 951 shall be designed, sited and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing to the extent feasible shall minimize on-site and adjacent habitat fragmentation and/or disturbances. 2.6.35.5.9.4. Down-Shielding Security Lighting. When feasible, security lighting to protect on- ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. 2.6.35.6.12. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower is to be lighted relative to flying aircraft, the minimum then allowed amount of pilot warning and obstruction avoidance lighting shall be used. Unless otherwise then required by law, rule or regulation, only white (preferable) or red strobe- type lights shall be used at night; also those lights shall be the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes). Subject to written approval from the Collier County Mosquito Control District, solid red(or pulsating red)warning lights shall not be used at night. 2.6.35.8. Regulations Applicable to Permit Applications for E911 Service (Wireless Emergency Telephone Service) per Section 365.172, Florida Statutes. These provisions apply notwithstanding any other provisions in section 2.6.35. These facilities are "essential Services." Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. Also, Chapter 365.172, Florida Statutes, bars staff from requiring the applicant for such permits to provide staff with evidence that a proposed wireless communication's facility complies with federal regulations, but staff can require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 2.6.35.8.1. Permits to Facilitate E911 Service. Provided the then existing zoning applicable to the proposed site allows the applied-for E911 facilities without need to rezone, or need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty- five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in section 2.6.35. Co- location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes,provided the height of the then existing tower or structure is not thereby increased. Co- location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 2.6.35.8.2. Permits to facilitate new wireless telephone service towers or antennas for wireless telephone service antennas. Pursuant to Section 365.172, Florida Statutes, provided the then existing zoning applicable to the proposed site allows the applied-for E911 facilities without need to rezone, or need to apply conditional use approval, or other required procedures, the County shall grant or deny a properly completed application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date a properly completed application for the respective item(s) is initially submitted to staff in accordance with all applicable permit application requirements including in section 2.6.35. Nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 2.6.35.8.3. Twenty (20) business days to notify the above-listed permit applicant of sufficiency or insufficiency of the permit application Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s)without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 2.6.35.8.4. Failure to grant or deny permit within applicable deadline date results in automatic approval of the applied for permit. Provided the applicable zoning allows the applied-for use without need to rezone, or without need to apply the conditional use process, or without need to apply any other applicable permitting process or permission, and in such instance the County fails to grant or deny a properly completed application for the respective (above-described) permit within the applicable timeframe specified above in subsection 2.6.35.8.1 (co-location of E911 service or co-location of wireless telephone service), or as specified above in subsection 2.6.35.8.2 (new location of wireless telephone service tower or antenna(s)), the applied-for permit shall be deemed to have been automatically granted. However, the applied-for permit will not be deemed to be automatically granted if, because of emergency conditions beyond the County's control, the applicable deadline date had to be extended because the County's procedures applicable to communications tower permits required action by the Board of County Commissioners (BCC) but that action could not be taken as of the applicable deadline date. In such an instance, the BCC shall grant or deny the applied-for permit at its next regularly scheduled meeting, or failing to do so, the applied-for permit shall thereby be deemed to have been approved, and the applied-for permit shall be promptly issued by the County 2.6.35.8.5. Permit applicant's waiver of otherwise applicable permit approval or denial timelines. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. rr-. TAB K 3.8 ENVIRONMENTAL IMPACT STATEMENTS TAL#531108.1 1 DVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)* 3.8.1 No change. 3.8.2. PURPOSE 3.8.3 No change. 3.8.4 SUBMISSION AND REVIEW OF EIS 3.8.5 INFORMATION REQUIRED FOR APPLICATION 3.8.5.1 APPLICANT INFORMATION 3.8.5.2 MAPPING AND SUPPORT GRAPHICS 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION 3.8.5.4 NATIVE VEGETATION PRESERVATION 3.8.5.5 WETLANDS 3.8.5.6 WATER MANAGEMENT 3.8.5.6 SPECIES OF SPECIAL CONCERN 3.8.5.7 OTHER 3.8.6 ADDITIONAL DATA 3.8.7 RELATION BETWEEN EIS AND DRI 3.8.8 EXEMPTIONS 3.8.8.1 SINGLE FAMILY OR DUPLEX 3.8.8.2 AGRICULTURE 3.8.8.3 NON-SENSITIVE AREAS 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 3.8.9 FEES 3.8.10 APPEALS TAL#531108.1 2 Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) 3.8.1 No change. Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: 4A.Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. 2 B.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. 3,C. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 3.8.3. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or exemption pursuant to section 3.8.9, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. TAL#531108.1 3 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the development services director shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 3.8.4. Submission and review of EIS. A completed EIS, in written and digital format, shall be submitted to development services director for approval, denial or approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. Sec. 3.8.5. Information required for application. 3.8.5.1. Applicant information. 1. Responsible owner(s)/agent(s) who wrote the EIS and his/her oducation and job rclatod cnvironmontal experience. 2. Owner(s)/agont(s) name, address. 3. Affidavit of proof of authorized agent. 3.8.5.2. Dovelopment and site alteration information. 1. Description of proposed use. 2. Legal description of site. 3. Location and address description. 3.8.5.3. Mapping and support graphics. 1. General location map. TAL#531108.1 4 2. Native habitats and their boundaries shall be identified on an aerial 99 - - boundary. This does not mean the applicant is required to go on to . . . .. 3. Topographic map showing upland, bathymetric contours and 1. Existing land use of site and surrounding area. 5. Soils map at scale consistent with that used for Florida Department B. Proposed drainage plan indicating basic flow patterns, outfall and �.� off-site drainage. 7. Development plan including phasing program, service area of existing and propocod public facilitios, and existing and proposed 3.8.5A. Impact categories. 3.8.5.E.1. Biophysical. 1. Air quality. a. Changos in level of air pollutants as defined by current regulations. b. Number of people that-will be affected by air pollution resulting from the project. c. Procedures that will be use [used] to reduco advorco 2. Water quality. TAL#531108.1 5 a. Changes in lovcls and types of water pollution as defined by current regulations. b. Inventory of water uses that are restricted or c. Person affected by water pollution resulting from tho project. d. Project designs and actions which will roduco advorso 3. Physiography and geology. a. A description of the soil typos found in the project area. b. Aerial extent of proposed topographic modification c. Removal and/or disturbance of natural barriers to d. Proposed modifications to natural drainage patterns. e. Extent of impervious surface and percent of f. Annual drawdown of groundwater level resulting from use. g. Increased siltation in natural water bodies resulting from the proposed use. 1. Wetlands. a. Define number of acres of Collier County jurisdictional common and occasional), and their wetland functions. b. Determine present seasonal high water levels and TAL#531108.1 6 c. Indicate how the project design improves/affects d. Indicate proposed percent of definod wetlands to bo e. Indicate how the project design minimizes impacts on wetlands. f. Indicate how the project design shall compensate for management plan 5. Upland utilization and species of special status. a. Define number of acres of uplands by vegetative typo _ ".e . - . b. Indicate proposed percent of defined uplands to bo impacted and the effects of proposed impacts on functions of upland areas. c. Indicate how the project design minimizes impacts on uplands. d. Provide a plant and animal species survey to include conducted in accordance with the guidelines of the Florida game e. Indicate how the project design minimizes impacts on species of special status. 6. Marine and estuarine resources. a. Provide current State of Florida classification of the b. Define number of acres of marine and estuarine TAL#531108.1 7 c. Indicate proposed percent of defined marine and d. Estimate changes in the dockside landing of e. Estimate changes in the sport fishing effort and catch. f. Provide past history of any environmental impacts to tho area including oil spills. g. Indicate how the project design minimizes impacts on h. Indicate how the project design shall replace the lost marine and estuarine functions. 7. Noise. a. Describe the changes in decibols and duration of b. Doscribo stops that will bo takcn to reduco noico levels during and after the project. c. Protect compliance with Federal Aid Highway Program Manual 7 7 3. 3.8.5/1.2. Public facilities and services. 1. Wastewater management. a. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of tr-eatman - b. If applicable, describe similar features of proposed c. Describe the character and fate of both liquid and 2. Water supply. n TAL#531108.1 8 water demands by the project. b. Source of the raw water supply. c. Analysis of on sito troatmcnt systems rolativo to stato 3. Solid wastes. a. Estimate of average daily volume of solid wastes. b. Proposed method of disposal of solid wastes. c. Any plans for recycling or resource recovery. 1. Recreation and open spaces. a. Acreage and facilities demand rosulting from the new 1.1-se: b. Amount of public park/rocrcation land donatod by tho n developer. c. Management plans for any open water aroas if ono d. Plans for recreational development by the developer e. Amount of public recreation lands removed from f. Development and/or blockage of access to public 5. Aesthetic and cultural factors. a. Provido documontation from tho Florida Mastor Sito File, Florida department of state and any printed historic area. b. Locate any known historic or archaeological sites and TAL#531108.1 9 c. Demonstrato how tho projoct dosign proservos tho d. Indicate any natural scenic foaturos that might bo e. Provide the basic architectural and landscaping designs: 6. Monitoring. a. Describe the design and procedures of any-proposed Sec. 3.8.6. Specifics to address. 3.8.6.1. General. The statement should specifically address the following: 3.8.6.1.4. List immediate shortterm and longterm impacts to the environment. Sec. 3.8.7. Additional data. 3.8.5.1 Applicant information: A. Responsible person who wrote the EIS and his/her education and iob related environmental experience. TAL#531108.1 10 B. Owner(s)/agent(s) name, address, phone number& e-mail address. 3.8.5.2 Mapping and support graphics: A. General location map. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. H. For properties in the Rural Lands or Rural Fringe Agricultural Assessment Areas, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. 3.8.5.3 Project description and GMP consistency determination: A. Provide an overall description of the project with respects to environmental and water management issues. TAL#531108.1 11 B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. 3.8.5.4 Native vegetation preservation: A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management n Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. 3.8.5.5 Wetlands: A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be TAL#531108.1 12 �-. field verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. What is the anticipated control elevation(s) for the site? C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on- site. How have impacts to wetlands been minimized? D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the Rural Fringe Agricultural Assessment Area, provide an assessment based on Uniform Mitigation Assessment Method adopted by the state of Florida. For site outside the Rural Fringe Agricultural Assessment Area, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. 3.8.5.6 Water Management: Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. 3.8.5.7 Species of special status: A. Provide a plant and animal species survey to include at a minimum, species of special status known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on- site. B. List all species classified as endangered, threatened, or of special concern that are known, or have potential, to utilize the site. C. Indicate how the project design minimizes impacts to species of special status. What measures are proposed to mitigate for impacts to state and federally listed species? TAL#531108.1 13 i-. D. Provide habitat management plans for each of the species of special status know to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. 3.8.5.8 Other: A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. Include an exhibit showing the five-mile on-water travel distance of boat traffic, as required in the Manatee Protection Plan. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. 3.8.6 Additional data. The Development Services Director may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. 3.8.8- 7 Relation between EIS and development of regional impact (DRI). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DRI. 3.8.9- 8. Exemptions. 3.8.9.1. 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. 3.8.9.1.1. 3.8.8.2. Agricultural uses. Bona fide aAgricultural uses clearing permit or exemption has been issued in accordance with section 3.9.6.5 herein, that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of tart twenty-five TAL#531108.1 14 years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. • • . . 3.8.9.1.3. Bona fide agricultural uses shall be the same as those defined in section 2.2.2.2.1 LDC, Permittod uses, item 2, as may be amended from time to time. 3.8.9.2. 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity, subject to the following criteria: ' •_ _ . - _ _ _ _ - •-e.- e, e= _ _ e • - - 3.8.9.2.1. A. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.8.9.2.2. B. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. 3.8.9.2.3. C. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. 3.8.9.2.1. D. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 3.8.9.2.5. E. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.8.9.3. 3.8.8.5 All lands lying within all incorporated municipalities in Collier County. TAL#531108.1 15 (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) 3.8.4 9. Fees. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.E 10. Appeals. A. Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organization. B. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F. The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. TAL#531108.1 16 r TAB L 3.9 VEGETATION REMOVAL, ETC TAL#531109.2 1 �..e 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1 TITLE AND CITATION 3.9.2 PURPOSE 3.9.3 APPLICABILITY 3.9.3.1 SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION 3.9.3.2 AGRICULTURAL EXCEPTION 3.9.4. VEGETATION PRESERVATION STANDARDS 3.9.4.1 GENERAL STANDARDS AND CRITERIA 3.9.4.2 SPECIFIC STANDARDS FOR URBAN, ESTATES, CON, AGRICULTURAL/RURAL, RURAL—INDUSTRIAL, AND RURAL—SETTLEMENT AREAS AND DISTRICTS A. REQUIRED PRESERVATION TABLE B. EXCEPTIONS 3.9.4.3 SPECIFIC STANDARDS FOR RFMU DISTRICT A. RECEIVING LANDS B. NEUTRAL LANDS C. NON—NRPA SENDING LANDS D. NRPA SENDING LANDS E. EXCEPTIONS 1. NONCONFORMING, PRE—EXISTING PARCELS 2. SPECIFIC COUNTY—OWNED LAND 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES 3.9.4.4 SPECIFIC STANDARDS FOR RLSA OVERLAY 3.9.4.4 DENSITY BONUS INCENTIVES 3.9.5 WETLAND PRESERVATION AND CONSERVATION 3.9.5.1 PURPOSE 3.9.5.2 URBAN LANDS 3.9.5.3 RFMU DISTRICT AND IMMOKALEE URBAN AREA A. STANDARDS B. MITIGATION 1. MITIGATION REQUIREMENTS 2. MITIGATION INCENTIVES 3.9.5.4 ESTATES AND RURAL —SETTLEMENT AREAS 3.9.5.5 RLSA OVERLAY 3.9.5.6 SUBMERGED MARINE HABITATS 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION 3.9.6.1 PURPOSE AND APPLICABILITY 3.9.6.2 REVIEW PROCESS 3.9.6.3 REQUIREMENTS A. OPEN SPACE REQUIREMENTS B. CONTIGUOUS NATIVE VEGETATION C. WILDLIFE CORRIDORS TAL#531109.2 2 3.9.7 VEGETATION PROTECTION STANDARDS 3.9.7.1 VEGETATION PROTECTION A. GENERAL 1. FILLING AND CONSTRUCTION DEBRIS 2. ATTACHMENTS 3. EXCAVATION 4. PROTECTIVE BARRIERS a. INSTALLATION OF PROTECTIVE BARRIERS b. DESIGNATION OF REPRESENTATIVE c. PROTECTION OF ALL AREAS OF VEGETATION d. PROTECTION OF INDIVIDUAL TREES 5. ADDITIONAL PROTECTION WITHIN REQUIRED BUFFERS 6. HABITAT PROTECTION 7. INCORPORATION INTO LANDSCAPE DESIGN B. NATIVE PRESERVATION CRITERIA 1. IDENTIFICATION 2. MINIMUM DIMENSIONS 3. CREATED PRESERVES 4. REQUIRED SETBACKS 5. INVASIVE EXOTIC VEGETATION REMOVAL AND MAINTENANCE PLANS 6. EXEMPTIONS ^ 3.9.8 VEGETATION REMOVAL 3.9.8.1 CRITERIA FOR REMOVALAND/OR RELOCATION OF NATIVE VEGETATION A. STANDARDS B. MANAGEMENT PLANS C. INSPECTIONS D. VEGETATION RELOCATION 3.9.8.2 VEGETATION REMOVAL PERMIT A. APPLICATION CONTENTS 1. VEGETATION INVENTORY 2. SITE PLAN 3. EXECUTED STATEMENT B. REVIEW PROCEDURES 1. PERMIT FEES 2. ISSUANCE PERMIT 3. DENIAL OF PERMIT C. EXCEPTIONS FROM VEGETATION REMOVAL PERMIT REQUIREMENT D. EMERGENCY SUSPENSION OF PERMIT REQUIREMENT 3.9.8.3 OTHER PERMITS REQUIRED 3.9.9 AGRICULTURAL LAND CLEARING 3.9.9.1 AGRICULTURAL LAND CLEARING PERMITS A. EXEMPTIONS TAL#531109.2 3 B. APPLICATION C. DETERMINATION OF COMPLETENESS D. CRITIERA FOR REVIEW E. ISSUANCE OF PERMIT F. RENEWAL OF PERMIT 3.9.9.2 AGRICULTURAL LAND CLEARING NOTICE 3.9.10. REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.11. DESIGNATION OF SPECIMEN TREE 3.9.12 ENFORCEMENT 3.9.12.1 PENALITIES A. FINES B. RESTORATION 3.9.12.2 CORRECTIVE MEASURES A. MITIGATION REQUIREMENTS B. MITIGATION PLAN C. CRITERIA AND PROCEDURE FOR REVIEW OF MITIGATION PLAN D. MONITORING AND REPLANTING 3.9.13.3 APPEAL OF ENFORCEMENT 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. Applicability. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. Exemptions and Exceptions. A. Seminole and Miccosukee Tribe Exception. Except that in accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of TAL#531109.2 4 either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. B. Agricultural Exemption. Agricultural operations that fall within the scope of sections 163.3214(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4.. through and 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create the lost mature vegetation. C. Pre-existing Uses. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. ' 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved developments shall be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use Area, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Objectives and Policies for the Rural Fringe Mixed Use Area as long as they do not result in an increase in development density or intensity. D. Exempt Mangrove Alteration Projects. Mangrove alteration projects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. Mangrove alterations or removal is prohibited in any preserve. The Collier County planning commission may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this division would impose a unique and unnecessary hardship on the owner or any TAL#531109.2 5 other person in control of affected property. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. Sec. 3.9.1. Application requirements. -•••' • • •- - - - - - - - - -- - - - :•-e - - - •'• - - - - -• - - - Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) Special treatment (ST) development permits. U.S. Army Corps of Engineers pormits or exomptions. U.S. Fish and Wildlife Service permits or exemptions. a - ee .. - Other county approvals. .•.A . A . . ... - -- - A - • •-- - - - - - - - - •• _ • - - - 3.9..2.1. A generalized vegetation inventory which includes: 1. Generalized vegetation inventory. A generalized vegetation inventory shall show the approximate location and extent of vegetation upon the site. The inventory - - - - - ---- - - - - "e -- - - - - - - - - .e -. - - -- - - - TAL#531109.2 6 1 improvements-, 2. Generalized written assessment and evaluation. The generalized vegetation -- - - - e_ - - . . . - - - - - , - -- _ -_e - - - - • . • . 3.9.1.2.2. A site plan which includes: 1. Property dimensions. 2. Location of existing infrastructure and alterations. 3. Location-of-pcopesed structures, infrastructure and alterations. 4. The location and species of all protectod vegetation. Largo stands of a single approximate number or area. 6. Designation of all protected vegetation proposed for removal. 7. Location and details of protective barricading of the vegetation to be retained. �- --- - 9. Description of any proposed maintenance trimming of mangroves. •••4 ' • - - -- -- - _ - -• • - - - - - TAL#531109.2 7 - e . 3. Proof of ownership. 1. Legal description. 5. Reason for proposed removal. shall also be protected. owner 3.9.1.2A. Vegetation relocation plan. If vogotation relocation is proposed by the applicant prior to site development plan, .. - 3.9.4. Vegetation Preservation Standards. All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. 3.9.4.1. General Standards and Criteria. A. The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible. B. Areas that fulfill the native vegetation retention standards and criteria of this policy shall be set aside as preserve areas, except for single family residential uses. C. Selection of preservation areas comply with Section 3.9.7 shall reflect the following criteria in descending order of priority: 1. Onsite wetlands shall be preserved pursuant to Policy 6.2.4 of this element; �..� 2. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife shall be preserved and protected in order to facilitate the TAL#531109.2 8 movement of wildlife through the site. This criterion shall be consistent with the requirements of Division 3.11. Parcels containing gopher tortoises shall protect the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and provide a connection to off site adjacent gopher tortoise preserves. 3. Upland habitat shall be part of the preservation requirement when wetlands alone do not constitute all of the requirement. Upland habitats have the following descending order of priority: 1) Any upland habitat that serves as a buffer to a wetland area, 2) Listed plant and animal species habitats, 3) Xeric Scrub, 4) Dune and Strand, Hardwood Hammocks, 5) Dry Prairie, Pine Flatwoods, and 6) All other upland habitats. 4. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 5. A management plan shall be submitted that complies with the requirements of Section 3.9.7. 6. Existing native vegetation that is located contiguous to the natural reservation shall be preserved pursuant to Section 3.9.6. 7. Preservation areas shall be interconnected within the site and to adjoining off- ^ site preservation areas or wildlife corridors. 3.9.4.2 Specific Standards for Urban, Estates, Conservation, Agricultural/Rural, Rural- Industrial, and Rural-Settlement Areas and Districts. For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District and Rural-Settlement Area District as designated on the FLUM, native vegetation shall be preserved on- site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non- agricultural development except for single-family dwelling units situated on individual lots or parcels. A. Required Preservation Table Non-Coastal High Hazard Development Type Coastal High Hazard Area Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater Greater than 5 acres rte, Use Development than 2.5 acres 25% and less than 20 acres. 15% TAL#531109.2 9 �-.. Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of 50%, not to exceed 25% of Industrial District only) the project site. the project site. B. Exceptions. An exception from the vegetation retention standards above shall be granted for development in the Urban Designed Area, Estates Designed Area, Conservation Designated Area, Agricultual/Rural Mixed Use District, Rural- Industrial District and Rural-Settlement Area District in the following ,..� circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989. 2. where the application of the vegetation retention standards above make the site usable for any use allowable under this Code. 3.9.4.3 Specific Standards for RFMU District. For Lands zoned RFMUD, native vegetation shall be preserved on site through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. Receiving Lands. 1. In Receiving Lands, a minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located with designated Sending Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. c. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. 2. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. ,.� A. Neutral Lands. TAL#531109.2 10 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBM Overlay, a minimum of 70% of the native vegetation present shall be preserved, not to exceed 70% of the total site area. b. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. C. Non-NRPA Sending Lands. 1. In Non-NRPA Sending Lands, 80% of the native vegetation present on site be preserved, or as otherwise permitted under the Density Blending provisions of Section 2.6.40. 2. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, if such off- site preservation is located contiguous to Sending Lands. D. NRPA Sending Lands. 1. In NRPA Sending Lands, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section 2.6.40. 2. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in NRPA Sending Lands. E. General Exceptions. 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. 3. Discretionary Exception for Essential Public Services. The community development and environmental services administrator, or his/her designee, may grant written exemptions to the above preservation requirements on TAL#531109.2 11 agriculturally zoned property for essential public services (as provided for in section 2.6.9), where it can be demonstrated that it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of existing native vegetation. 3.9.4.4 Specific Standards for RLSA District. For lands within the FLSA District District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.4 Density Bonus Incentives shall be granted to encourage preservation. A. Outside Rural Villages. In Receiving Lands not designated as a Rural Village, a density bonus of 0.1 dwelling units per acre shall be granted for each acre of native vegetation preserved that exceeds the requirements set forth in Section 3.9.4.3.1.1, once a density of 1 unit per acre is achieved through the use of TDRs. B. Inside Rural Villages. In Receiving Lands designated as a Rural Village, a density bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved that exceeds the requirements set forth in Section 3.9.4.3.1.1, once a density of 2 units per acre is achieved through the use of TDRs and Bonus Units. 3.9.5 Wetland Preservation and Conservation 3.9. 5.1 Purpose. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These policies apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in Section 2.2.27. As required by Florida Administrative Code 9J5-5.006(1)(b), wetlands identified by the 1994-95 SFWMD land use and land cover inventory are mapped on the County's Future Land Use Map series. These areas shall be verified by jurisdictional field delineation, at the time of any project permitting to determine the exact location of jurisdictional wetland boundaries. For the purposes of this section, wetlands shall be defined pursuant to Section 373.019 Florida Statutes. The location of jurisdictional wetland boundaries is further described by the delineation methodology in Section 373.421 Florida Statutes. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3: 3.9.5.2. Urban Lands. In the case of wetlands located within the Urban designated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: A. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. rte. TAL#531109.2 12 B. The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision. C. Collier County will work with the jurisdictional agencies and applicants to encourage mitigation to occur within targeted areas of the County including, but not limited to: Natural Resource Protection Areas (NRPAs); lands targeted for a acquisition by a public entity such as CREW lands; public or private mitigation banks; and other areas appropriate for mitigation, such as flow ways and areas containing habitat for listed species. D. Within the lmmokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. E. Wet detention ponds within the Urban Designated Area shall have a littoral shelf with an area equal to 2.5% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. 3.9.5.3. RFMU District. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and the following: A. Standards. 1. Wetlands having functionality assessment scores of at least 0.65 shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. The acreage requirements of Section 3.9.4.3 shall first be met by preserving those on-site wetlands with the highest functionality scores. 2. Wetlands utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. 3. Wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.2. 4. Drawdowns or diversion of the ground water table shall will not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345-Uniform Wetland Mitigation Assessment Method (adopted 8/6/03). The applicant shall submit to County staff, agency TAL#531109.2 13 accepted scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph (1) above. 6. Single family residences shall follow the requirements contained within Section 3.9.5.4 7. Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot vegetated upland buffer adjacent to a natural water body. b. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. c. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. d. The buffer shall be measured landward from the approved jurisdictional line. e. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. f. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. q. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1)Passive recreational areas, boardwalks and recreational shelters; (2)Pervious nature trails; (3)Water management structures; (4)Mitigation areas; (5)Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 8. Wet detention ponds shall have a littoral shelf with an area equal to 30% of the ponds surface area measured at the control elevation and be planted with native aquatic vegetation. B. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: 1. Mitigation Requirements: a. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. b. Protection shall be provided for preserved or created wetland or upland TAL#531109.2 14 vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. c. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. d. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies durinq their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: a. Increase wetland habitat through recreation or restoration of wetland functions on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or, b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater;or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and collier county after consultation with the applicable jurisdictional agencies. 3.9.5.4. Estates and Rural-Settlement Areas. In the case of lands located within Estates Designated Area and the Rural Settlement Area the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 3.9.5.5. RLSA District. Within the RLSA District wetlands shall be preserved pursuant to Section 2.2.27 TAL#531109.2 15 3.9.5.6 Submerged Marine Habitats. The County shall, in part, protect and conserve submerged marine habitats as follows: A. The amount of permitted wet slips for marinas shall be no more than 18 boat slips for every 100 feet of shoreline where impacts to sea-grass beds are less than 100 square feet. When more than 100 square feet of sea-grass beds are impacted, then no more than 10 boat slips for every 100 feet of shoreline are allowed. B. Impacts to sea-grass beds shall be minimized by locating boat docks more than 10 feet from existing sea-grass beds. Where this is not possible, boat docks shall be sited to impact the smallest areas of sea-grass beds possible, be no lower than 3.5 feet NGVD, have a terminal platform no greater than 160 square feet, and have the access dock be no wider than 4 feet. C. The protection of sea-grass beds shall be a factor in establishing new, or revising existing, speed zones to regulate boat traffic. 3.9.6. Natural Reservation Protection and Conservation: 3.9.6.1 Purpose and Applicability.Natural reservations shall be protected from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. Development shall include all projects except for permitting and construction of single-family dwelling units situated on individual lots or parcels. 3.9.6.2. Review Process. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. Requirements. The following critiera shall apply within the RFMU District only. A. Open Space. Open space shall be required to provide a buffer between the project and the natural reservation. 1. Open space allowed between the project's non-open space uses and the boundary of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: a. preservation areas; b. golf course roughs maintained in a natural state; c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nonmotorized vehicles. B. Open Spaces as Buffers. 1. The uses in paragraph B.2 above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature. Within the Rural Fringe Mixed Use District, these more intensive open space TAL#531109.2 16 uses may not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adjacent natural reservation, the open space uses identified in sub-sections B.2.a. through c are considered acceptable for placement within a buffer as specified below: a. Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests — 1,500 feet; b. Wading bird roost— 300 feet; c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. C. Contiguous Native Vegetation. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. D. Wildlife Corridors. Where wildlife corridors exist for listed species, provision shall be made to accommodate the movement of the listed species through the project to the natural reservation. The County shall consider the recommendations from the USFWS Sec. 3.9.577. Vegetation teal, protection standards. 3.9.5. 1. Vegetation protection. 3.9.5. 1. A. General. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. 3.9.8.1.2. 1. Filling and construction debris. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 3.9.8.1.3. 2. Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 3.9.8.1.1. 3. Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. 3.9.8.1.5. 4. Protective barriers. 4-a.lnstallation of protective barriers. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the TAL#531109.2 17 ,,..� completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. 2b.Applicant's representative required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): 1) Who shall be responsible for the installation and the maintenance of all tree protection barriers. 2) Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. 3-c.Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. 4d.Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 5. Incorporation Into Landscape Design. To the greatest extent possible, native vegetation, in quantities and types set forth in division 2.4 of this code, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation 3.9.8 Vegetation Removal, Replacement, and/or Relocation 3.9.5.2.8.1. Criteria for Removal and/or Replacement of Protected Vegetation. A. Standards. The development environmental services director may approve an application for vegetation removal permit i : if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 3.9.8.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. TAL#531109.2 18 t's, 3.9.8.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 3.9.8.2.3. A final local development order has been issued which requires removal of the protected vegetation. 3.9.8.2.. Compliance with other codes and/or ordinances may involve protected vegetation removal. 3.9.8.2.6. ' _ _ - - - - e" - - _ - •- -• - _ _ _ _ _ e. Replacement of nonnative vegetation shall be with native vegetation of comparable caliper be to the approval of the development services and area and shallsubjectpp p director or his/her designee. In the event that comparable caliper or diameter at breast height (dbh) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping be accepted. (Exceptions will be granted for removal of nonnative vegetation as listed in sections 2.4.4.9 through 2.4.4.11. The replacement requirement for this vegetation shall be on a 1:1 basis, using the minimum mitigation size criteria listed under section 3.9.7.) Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.8.2.7. On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. 3.9.8.2.8. The proposed mangrove alteration has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17- 321.802, or 17-321.803 as may be amended. 3-94-2-9 Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the development services director provided that it can be demonstrated that early TAL#531109.2 19 transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the development services director. 3.9.5.3.8.2 Management Plan and Inspections. A. Management plan required. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3:9.8-3:1. Whether or not the existing vegetation is to be preserved in the existing species composition. 3.9.8.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). 3.9.8.3.3. The maintenance schedule for the removal of invasive species. 3.9.8.3.4. The maintenance schedule for the removal of debris. 3.9.8.3.5. Other information that may be required by the development services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. 3.9.8.11. C. On-site inspection. The eleve4Gpment environmental services director's �-� field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the presesiatieft standards set forth in section 3.9.8.5 below. 3.9.5.5. Preservation standards. . . . - - - - -• - - - - - - - • - - - me : - •em - - mm . - - - oxtont posciblo; especially where said native vegetation exists within priority shall be given to preserving these habitats first, as a part of tho management of these areas). Where the required minimum retained -•'• •-•' - - - - - - - =- - - - . • .. - - - - -- - • --- • ---- - • - - - - - - - =-, -- - -- . - - - - =, - - - — _ ,.. em " : , - - - - into site landscaping unless the applicant can demonstrate that TAL#531109.2 20 • • • • - • - - removal, enhancement with native plant material and pruning and maintenance. 3.9.5.5.3. = =- - - - ••• -- - -- - - - - - - - -- - • - - - - -- • • -- - _ - - - - - -e - - - - - ' - - -- - - - .. . • - - - - - - --- • - - - - - - -- -- -- , 3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 TAL#531109.2 21 e : - •••• :: • - - - • .e . - e : - - - - - -- . - _ e: -- - - - • - -- - - _ • - • • - _ - -- 7 - - e: - - - - - - - - -- - - - ' 2 ", • --_- - - - • _ -_ _ - - - -- - - - - - - - - e - • - -- - -- - _ - pfesep4ed, - - - - _ - -e -- - - _ - _ _ - ,4 •4 • - - - -- -, - -e - _ - - - - - - • • • - - - - _e - , • - e . - _ - -_, I - - - - _ _ - - - - - - _ - - -- :e - - -- • - _ _ - - • _ -e : - - • - • _ _ - : -- e - 3.9.5.5.5. Bona fide agricultural uses shall be exempt from the above preservation chall include the following: crop raising; dairy farming; horticulture; fruit such conversions in less than ton yoars, the convortod land will bo - - - - - - - - , - - - -- - TAL#531109.2 22 the best interest of the general public to allow a reduction in all or part 3.9.5.5.6.9. Native Preserves 3.9.9.1 General Criteria -1-:A.Identification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be set-aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site plans. 2 B.Minimum dimensions. The minimum width of the preserve shall be: a-1.twenty feet, for property less than ten acres. 19,2.an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. e 3.an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. C. Required Setbacks to Preserves. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.) 3.9.9.2Created Preserves. Where created preserves are approved, the landscape plan shall re-create a native plant community in accordance with the vegetation sizes and standards set forth in 3.9.5.5. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. A. Created Preserves as Mitigation. a,1.Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may be used to recreate: i.a.not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. ibb.not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. +ii-c.not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. TAL#531109.2 23 b:2.All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. G.B. Exceptions. Created preserve exceptions may be granted: i71.when a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. 1b2.when small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. 14b3.Wwhen an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. 4 Required Setbacks to Proservos. All principal structuros shall havo a minimum 25 - --- - - - ••- - - - - - - - -- - - - - - --- • - - . -- - - - _ • e - --= unless it can be demonstrated that it will not negatively impact that wetland.) 3.9.9.3 Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal and maintenance plans shall require that category I exotics be removed from all preserves. The exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated with a U.S. Environmental Protection Agency approved herbicide and a visual trace dye applied. Exotics within the interior of the preserve may be approved to be treated in place, if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Exotics within the interior of the preserve may be approved to be treated in place, if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. A maintenance plan shall be implemented on a yearly basis at a minimum, or more frequently when required to effectively control exotics, and shall describe specific techniques to prevent reinvasion by prohibited TAL#531109.2 24 exotic vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local development order. 3.9.9.4 Exemptions. Applications for development orders authorizing site improvements, i.e., an SDP or FSP and on a case by case basis a PSP, that are submitted and deemed sufficient prior to June 16, 2003 are not required to comply with the new regulations in section 3.9.5.5.6.9 adopted on June 16, 2003. 3.9.10. Requirement for removal of prohibited exotic vegetation. 3.9.10.1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. 3.9.10.2.Protection of native vegetation, according to the applicable provisions of this division shall be required during prohibited exotic vegetation removal. 3.9.10.3. Prohibited exotic vegetation shall be removed: A. From all rights-of-way, common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the required subdivision improvements; B. From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. n C. From all golf course fairways, roughs, and adiacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; D. From property proposing any enlargement of existinq interior floor space, paved parking area, or substantial site improvement; E. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 3.9.10.4. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 3.9.10.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 3.9.10.4.2. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.10.5. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of TAL#531109.2 25 ,•� the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this division. 3.9.10.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new principal or accessory structures and major additions to any principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.11. Designation of specimen tree. By resolution of the Collier County Board of County Commissioners, a plant may be designated a specimen tree because of its historical significance, rarity in Collier County, age or extraordinary size. A public hearing shall be held with notice provided to the property owner by certified mail. The designation shall be recorded in the official records of the clerk of the circuit court. All recording fees are the responsibility of the Collier County Board of County Commissioners. 3.9.12 Required Permits and Notices 3.9.12.1 Vegetation Removal Permit A. Other permits required. No vegetation removal permit shall be issued by the environmental services director until all applicable federal and state, and county approvals as designated by the development services director have been obtained. These approvals may include, but are not limited to: 1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. Florida Department of Environmental Protection permits or exemptions. 4. U.S. Fish and Wildlife Service permits or exemptions. 5. Florida Fish and Wildlife Conservation Commission permits or exemptions. 6. South Florida Water Management District permits or exemptions. 7. Other applicable agency reviews or permits or exemptions. 8. Other county approvals. B. Application contents. Application for a vegetation removal permit shall be submitted to the development services director in writing on a form provided by the development services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: TAL#531109.2 26 ,.� a. Generalized vegetation inventory superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation mon the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors which may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. 2. A site plan which includes: a. Property dimensions. b. Location of existing infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations. d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. e. Specific identification of all specimen trees. f. Designation of all protected vegetation proposed for removal. q. Location and details of protective barricading of the vegetation to be retained. h. Description of any proposed alteration of mangroves. i. Description of any proposed maintenance trimming of mangroves. 3. An executed statement which includes: a. Name, address, and phone of property owner. b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. TAL#531109.2 27 f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. q. Signature of property owner or copy of a specific contract signed by property owner. 3.9.6. C. Review procedures. 3.9.610.1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development services director, - •- : -• - •= e - - e: ..• . - - - :.e . .- direster-may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days alteration. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida department of environmental protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director - - - - - ' e- - - - - - - - ••. • = The development services director and for --- • e - - - - - - • e= •• - - --- • - - - - e •.- e :-.e • "" may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall [be] cause to void the vegetation removal permit. 3.9.10.2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 3.9.10.3. Permit fees. a. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee unless specifically exempted by the development services director pursuant to this Code. The board of county commissioners shall establish and adopt, by resolution, a schedule of fees for vegetation removal, review and approval permits. The schedule of fees and the resolution establishing such fees shall be on file with the clerk to the board. The schedule of fees may be changed by resolution of the board of county commissioners. b. A vegetation removal fee is not required to remove the following prohibited exotic vegetation from developed property or from undeveloped property after a vegetation removal permit has been issued: 1. Australian pine (Casuarina spp.). 2. Melaleuca (Melaleuca spp.). 3. Brazilian pepper (Schinus terebinthifolius). 4. Earleaf acacia (Acacia auriculiformis). 5. Catclaw mimosa (Mimosa pigra). 6. Java plum (Syzygium cumini). 7. Downy rosemyrtle (Rhodomyrtus tomentosus). 8. Women's tongue (Albizia lebbeck). 9. Climbing fern (Lygodium spp.). 10. Air potato (Dioscorea bulbifera). TAL#531109.2 28 11. Lather leaf (Colubrina asiatica). 3.9.10. 1. D. Exceptions •• l. ' . • ' - - s - - - -- - a - -- - - - - - - - •- - - • -• -- (2) Melaleuca (Melaleuca spp.). {3) Brazilian pepper (Schinus terebinthifolius). (5) Catclaw mimosa (Mimosa pigra). {6) Java plum (Syzygium cumini). (7) Downy rosemyrtle (Rhodomyrtus tomentosus). {8) Women's tongue (Albizia lebbeck). {9) Climbing fern (Lygodium spp.). {10) Air potato (Dioscorea bulbifera). {11) Lather leaf (Colubrina asiatica). 3.9.10.1.2. 1. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E), or /-**, other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: (4-) a. A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or (2-) b. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. 1•' -• -- - . .es :"e - - - ••• - - -- - -- - - :" e - - the removal of any protected vegetation pursuant to this Code. 3.9.10.1.1. 2. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 3.9.10.1.5. 3. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the P'".• TAL#531109.2 29 ordinary course of the licensee's business and was planted for the described purpose. 3.9.10.1.6.1. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch [swath] less than three feet in width. -.•. e.- . . - ' e e . -_ _ • e e ._ „ that aro oxompted from Florida Department - • e • •• : - - - - - - - ••• - - - - - e - •- - • '• - . , _ - - - - - - - - - - - -- . .. - _ _ - - - -- - 3.9.10.'1.9. 5. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 3.9.44-12.2 Agricultural land clearing. A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for bena fide agricultural uses that do not fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statues, as dcfined by this code, shall be required for all agricultural operations except as exempted by section 3.9.6.5.612.2. of this Cede. 3.9.11.1.Application. An application for an agricultural clearing permit shall be submitted in the form established by the development services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: { } a.lf an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the development services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (2) b. The application, including generalized vegetation inventory and clearing plan as outlined in sections 3.9.4.2.1, 3.9.4.2.2 and 3.9.4.2.3, and site visit (if required) confirm that the proposed use is consistent with the TAL#531109.2 30 requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (3) c. The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. (4) d.The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (-54 e. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. (6) f. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. (7) g,The property owner, or authorized agent, has filed an executed agreement with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by section 3.9.6.5(8) [3.9.6.5.1(8)]. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. (8) h. The property owner, or authorized agent, has filed an executed agreement with the development services director stating that the owner/agent is aware that the Collier County board of county commissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing permit by the development services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.11.2. Determination of completeness. After receipt of an application for an agricultural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.6,58.1 must be addressed in order to obtain a determination of completeness. If the application is not complete, the development environmental services director or his designee shall notify the TAL#531109.2 31 applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness may be made in accordance with the following: a. Where the applicant submits, as part of the application for an agricultural clearing permit, a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or Sof an ACOE permit or exemption, as applicablo, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further county review and providing that all other deficiencies in the application have been addressed. b. A determination of completeness or a modified determination of completeness shall be made, in writing, within ten business days of receipt of the completed application. 3.9.11.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance of the determination of completeness or modified determination of completeness and shall be completed within 20 business days from the date of issuance to the applicant of a determination of completeness except where additional data and or information is required to address environmental impacts. Where such additional data and or information is required, staff shall have ten business days to complete review of the application after receipt of said additional data and or information from the applicant. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: 4.a.A determination of completeness or a modified determination of completeness has been issued to the applicant. 2b.An on-site inspection has been made by staff, if indicated. &c.Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Development Code, as may be amended from time to time. d. Additional data and or information required by the county to address environmental impacts shall be submitted by the applicant upon written request by staff. Such request shall be sent by certified mail, return receipt requested. Such additional data and or information shall be submitted to the county by the applicant within the 20-day review period specified +f} section 3.9.6.5.3 above or the application for an agricultural clearing permit shall be denied unless the applicant has petitioned the county in writing for an extension of time. 3.941-4. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with section 3.9.6.58.3, the development services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing within ten business days of TAL#531109.2 32 receiving a completed application for an agricultural clearing permit. For purposes of this section, an application for an agricultural clearing permit shall not be complete until all applicable conditions specified in section 3.9.6.5.1 are addressed and attached to the application, including applicable permits or exemptions from the SFWMD or ACOE. Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. 3.9.11.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the development environmental services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity i . ..e e . . .: • - - : •• :- - e --. _ .•.-. e • - - - - . Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 3.9.11.6. Exemptions for agricultural clearing permit. .1-a. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. 2-b. Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. n TAL#531109.2 33 c. No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God providing that: a,11) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; The tree is not a specimen tree; 3 The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; 40). The parcel is currently engaged in bona fide agriculture, as defined by this Code. e:151 No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. B. Land Clearing Notice. No later than 60 days after vegetation is removed as part of agricultural operations that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; r•� 2. the date on which land clearing commenced; and 3. the date on which land clearing was completed. 3.9.12. Requirement for removal of prohibited exotic vegetation. 3.9.12.1. Prohibited exotic vegotation rcmoval and mothods of romoval shall bo • 3.9.12.3. Prohibited exotic vegetation shall be removed: (1,) From all rights of way, common area tracts not proposed for prior to the issuance of a certificate of occupancy. - •• - - - -- - -- - - - - - -, - - - - - -- ee: • • " 2: ". " : ee 99.61f694aGilityi (1_) From property proposing any enlargement of existing interior floor TAL#531109.2 34 (5_) In the case of the discontinuance of use or occupation of land or section. - - - -- • - - - - -- - - - -. • • e • •• - - - - - -- - s • - _ 3.9.12/1.2. hen prohibited exotic vegotation is romovod, but tho baso of tho 3.9.12.5. A maintenance plan shall be submitted to the development services _ _ _ _ __ - e '_ __ _ _ _ e the site in perpctuity. 3.9.12.6. In addition to the other rcquiromcnts of this division, tho applicant shall bo •-- - - - _ - •• • - , -- - -- , • - - -- - - •- , - •e 3.9.13. Designation of specimen tree. significance, rarity in Collier County, age or extraordinary size. A public rN TAL#531109.2 35 - - e - - -- -- - • ' -.- - - --- - - - -- • - - 3.9.13 Enforcement 3.9. 13.1. Penaltyies. A.Fines. 1. The failure of a property owner or any other person to obtain an approved agricultural clearing permit as required in section 3.9.6.1.3 this Division shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring iniunctive action to enjoin the removal of vegetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.12.2, to put the subject premises into a bona fide agricultural use as required in section 3.9.6.5.1(7) shall constitute a misdemeanor few and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. •- - - -- - e--- - - - •- - •e - orel-i-RaRsoc, tho board of ceuety in violation of this Code. 4. B.Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: TAL#531109.2 36 (A)1. The restoration plan shall include the following minimum planting standards: (-1-) a.ln the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (2-) b.Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. {3) c.All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. (4) d.Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). (4) e.lt shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. {B)2. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (C)3.The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. (D)'I. If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. {€)5. In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. {F)6. The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. TAL#531109.2 37 ,.� (G)7. The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.6-5:13.2. Corrective measures for environmental violations. A. Mitigation 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for [sic]. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. 3.9.6.9.1. B. Requirements for a mitigation plan. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. TAL#531109.2 38 r., 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. 3.9.6.9.2. C. Site-specific review criteria.. 1. All plants used for mitigation shall be native Florida species. 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. 3.9.6.9.3. D. County review of mitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. 3.9.6.9/1. E. Monitoring and replanting. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. TAL#531109.2 39 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. 3.9.6.9.5. F. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.13.2. 3`.,6x9 3.9.6.9.1 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.7-14. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.815. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8:15.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.3-15.2. The vegetation removal is necessitated by disaster related damage. 3.9.3 15.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). 3.9.815.4. The vegetation to be removed is not a specimen tree. TAL#531109.2 40 11 ,i .// \ Memorandum To: Participants,LDC Amendment Cycle 3—2003 From: Russell Webb,Principal Planner,Planning Services Department Date: September 8,2003 Subject: LDC Amendments for 2003-Cycle 3 1. CURRENT DRAFT OF LDC AMENDMENTS THAT WAS DISTRIBUTED TO DSAC SUB- COMMI'TTEE IS ATTACHED. 2. ALL STAFF WITH AMENDMENTS IN THIS CYCLE PLAN ON ATTENDING WEDNESDAY'S MEETING(9/17),ROOM E,2:00 P.M. 3. UPDATED SUMMARY SHEET IS ATTACHED TO SCHEDULE. IF YOU HAVE ANY QUESTIONS,CALL RUSSELL WEBB(2322). 4. PLEASE REVIEW YOUR AMENDMENTS TO MAKE SURE THEY ARE CORRECT. PLEASE NOTIFY ME IF THERE IS AN ERROR. • ARNOLD,M MEYER,ROBIN BAKER,DENNY . 'y a •* ' BELLOWS PERICO,ED BURGESON SCHMITT,J. CASEY,BOB SCHNEIDER,DON(R) COHEN,RANDY (R) SIEMION DELONY SOTER DERUNTZ,MICHAEL WALLACE,BLEU DUNNUCK,JOHN WEBB,RUSSELL FEDER WEEKS,D. 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Nco y ° A ' cr 0 '.71c. ? � a, � a '4 ci ° w �' St O gE. g. i a. coCD C o.g, i• coo to 0, ,. 2 " 80..1-1rs y' co 00 a O ... co o 0 C tv c00 ppt� a s cor ti p p w o p p 0' 2 It O p 0 l77 N G 5*. e-r pzi n CD co 0 0. iCD ITS oa pd tJ o o g v' N i1 0 Ca) 70 r rt 10 W co• a C ca 0 O 14 oA o CAiCD 0n 0. 0 o tz n n x ~ I. r-"\ tra w C*) n N x a R. Oo ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:12 LDC SECTION: 2.2.2.2.1. and 2.2.2.3. LDC SUPPLEMENT#: Supplement 13 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the rural agricultural district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: Dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for ?"` personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. a. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: 1. Fighting or baiting any animal by the owner of such facility or any other person or entity. 2. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. 3. For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it maybe amended from time to time. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: a. Minimum 20 acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. n 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2.6.35. 9. Essential services, as set forth in section 2.6.9.1. 10. Schools,public, including"Educational Plants." * * * * * n 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in division 2.7.4. ( ' y 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary,botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous) subject to the following standards: a. Minimum 20 acre parcel size. b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools,private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 2.6.26 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. c. The sale of large power equipment such as lawn mowers,tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. n g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative offices and associated parking. • • r h. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this Land Development Code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida State Park System as established by the department of natural resources(DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; and (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. (4) Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. (6) Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner,the board of zoning appeals may rescind the conditional use. 24. Dairying; ranching; livestock raising; poultry and egg production; milk production; animal breeding, raising, training, stabling or kenneling on parcels less than 20 acres in size. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for personal use and not in association with a commercial agricultural activity on parcels less than 20 acres in size. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: a. Minimum 20 acre parcel size. b. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in section 2.6.9.2. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. r i 2. Side yard. 30 feet. 3. Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. a. Front yard. 40 feet. b. Side yard. Ten percent of the lot width, not to exceed a maximum of 20 feet on each side. c. Rear yard. 30 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. I ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:20 LDC SECTION: 2.2.3.2.1. and 2.2.3.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the estates district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. � I RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.3.2.1. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 2.6.26. 3. Essential services, as set forth in section 2.6.9.1. 4. Schools,public, including"Educational Plants. * * * * * * * * .! r 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district(E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools,private. 5. Group care facilities (category I); care units, subject to the provisions of section 2.2.3.3.6; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individuals; b. Result in substantial physical damage to the property of others; or c. Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21,U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site area shall not exceed 20 acres. 8. Essential services, as set forth in section 2.6.9.2. 9. Ancillary Plants. * * * * * * * * 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. Q_C)D ORIGIN: Community Development&Environmental Services Division AUTHOR: Joyce Ernst,Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:22 LDC SECTION: 2.2.3.4.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Revise language to clarify setbacks (required yards) for corner lots in the E (Estates)zoning district. The setbacks themselves will remain unchanged. REASON: Setback requirements for corner lots in the Estates zoning district are unusual, since property lines of lots in the Golden Gate Estates Subdivision are located in the center of the road right-of-way(ROW) and do not coincide with the ROW line as is normally the case. The confusing language and the placement in the LDC of setback information for these lots have resulted in errors on the part of the public and Development Services staff requiring variances to correct. This amendment consolidates the information in the section dealing with the Estates zoning district, and clarifies the language. FISCAL& OPERATIONAL IMPACTS: The change will hopefully eliminate the need for certain variance petitions, allowing staff more time to deal with other land use petitions. RELATED CODES OR REGULATIONS: LDC Div. 6.3 Definitions: yard, front GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.2.3. Estates district(E). 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: ♦ , . Conforming corner lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up-te40 percent. _ __ . _ . . :, _ _ . . to 37.5 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) Nonconforming corner lots of record, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage,which are nonconforming due to inadequate lot depth, in which case,the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along 'a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, . which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot,not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. r-� I i 71 g 0 l< ca c0 * _� G - ---*-- A - -A 0 * I coa a 73 cri I .2m I V oa ° O ma a = m rtoa z I I m O O Pi .. , . @a)av n ^ 0 - m n m Z E n I c , I 0 Xi � I C cn c < > c 03 DC - n 0 ia 02 mXI II p al xi mI Z O "n xi *o p O M m O m mw 73 Z E 0 o 0 orm -1 03 z 'v g I '<a I m m • r I x r I I Z m m u) I z Eim c . u' - - -- � - - - - I Exhibit A Xi gr 0 O Ow A O I11 CDa I i r I 0 M O X I V I I I P m I p I 0 m y N 0Z 9I � *o I C1 o m U i cr► <- o z 1 0'I op I n 0 CO XI 0 O o I- r Z m * I *8 x I 0 x r I yr m o r I m V J cn r. Exhibit B 670 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:24 LDC SECTION: 2.2.4.2.1. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses in the residential single-family district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. 3. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants:" however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. * * * * * * * * 2.2.4.4.4. Minimum yard requirements. 1. Front yard. RSF-1: 50 feet. RSF-2: 40 feet. RSF-3: 30 feet. RSF-4: 25 feet. RSF-5 and 6: 25 feet. 2. Side yard. RSF-1: 30 feet. RSF-2: 20 feet. RSF-3: 7.5 feet. (Waterfront: 10 feet.) RSF-4: 7.5 feet. (Waterfront: 10 feet.) RSF-5 and 6: 7.5 feet. (Waterfront: 10 feet.) 3. Rear yard. RSF-1: 50 feet. RSF-2: 30 feet. RSF-3: 25 feet. RSF-4: 25 feet. RSF-5 and 6: 20 feet. 4. Accessory structure yard. See section 2.6.2. 5. Yard Requirements for public schools,regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property lines. ,•� b. For accessory structures: 25 feet from all property lines. • ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:26.1 LDC SECTION: 2.2.5.2.1. and 2.2.5.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-6 district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.5.2.1. Permitted uses. 1. Single-family dwellings. 2. Duplexes,two-family dwellings. 3. Multiple-family dwellings, townhouses except as provided by section 2.6.36. 4. Family care facilities, subject to section 2.6.26. 5. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. /'• * * * * * * * * 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in division 2.7.4: 1. Churches and houses of worship. 2. Schools,public and private. This includes "Ancillary Plants"for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22. 8. Cluster development, subject to section 2.6.27. * * * * * * * * 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One(Single)Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family 25' 10'* 20' Dwelling Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. r-� /41 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3,2003 LDC PAGE: LDC2:28 LDC SECTION: 2.2.6.2.1. and 2.2.6.3. LDC SUPPLEMENT#: Supplement 9 (2.2.6.2.1.) and Supplement 14(2.2.6.3.) CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-12 district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL&OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.6.2.1. Permitted uses. 1. Multiple-family dwellings. 2. Townhouses, subject to the provisions of section 2.6.36. 3. Duplexes. 4. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. 5. Family care facilities, subject to section 2.6.26. • 1 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. * * * * * * * * 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools,public and private. This includes "Ancillary Plants" for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. * * * * * * * * 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--Thirty feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:31 LDC SECTION: 2.2.7.2.1. and 2.2.7.3. LDC SUPPLEMENT#: Supplement 14 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-16 district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.7.2.1. Permitted uses. 1. Multiple-family dwellings. 2. Townhouses, subject to the provisions of section 2.6.36. 3. Family care facilities, subject to section 2.6.26. 4. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. n * * * * * * * * + 4 f . 2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools,public and private. This includes"Ancillary Plants"for public schools. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. * * * * * * * * 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. p•—` ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:33 LDC SECTION: 2.2.8.3. LDC SUPPLEMENT#: Supplement 12 CHANGE: Adding Ancillary Plants to the conditional uses in the residential tourist district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district(RT), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Private clubs. 6. Yacht clubs. 7. Permitted uses not to exceed 125 feet in height. 8. Ancillary Plants. * * * * * * * * 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 2. Side yards--One-half the building height as measured from each exterior wall with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from each exterior wall with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3,2003 LDC PAGE: LDC2:35 LDC SECTION: 2.2.9.2.1. and 2.2.9.3. LDC SUPPLEMENT#: Supplement 9 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the village residential district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. 2. Duplexes. 3. Multiple-family dwellings. 4. Mobile homes. 5. Family care facilities, subject to section 2.6.26. 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code, P— r > * * * * * * * * 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district(VR), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 2. Child care centers and adult day care centers. 3. Churches and other houses of worship. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 2.6.27. 6. Fraternal and social clubs. 7. Schools,public and private. This includes "Ancillary Plants"for public schools. 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. * * * * * * * * 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district(VR). TABLE INSET: Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 35 feet 2.6.2 Side yard 5 feet* 15 feet 15 feet Section 15 feet 2.6.2 Rear yard 20 feet 30 feet 30 feet Section 30 feet 2.6.2 r—N *Waterfront: 10 feet. 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 N/A N/A density** units/gross units/gross units/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. *No building may contain more than three levels of habitable space. v C ** Actual maximum density shall be determined through the application of the density n rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County Growth Management Plan,not to exceed the above specified density for each use. • • ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:36.1 LDC SECTION: 2.2.10.2.1. LDC SUPPLEMENT#: Supplement 11 CHANGE: Adding Educational Plants to the permitted uses in the mobile home district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OT ER NOTES: None. Amend the LDC as follows: 2.2.10.2.1. Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 2.6.26. 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. 430 c 5. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. * * * * * * * * 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.1. Front yard. 25 feet. 2.2.10.4.3.2. Side yard Seven and one-half feet, except when adjacent to public roads external to the boundaries of the project, 50 feet or when it is a waterfront yard, 10 feet. 2.2.10.4.3.3. Rear yard. Ten feet. 2.2.10.4.3.4. From exterior boundary of project or park, 15 feet or the minimum applicable yard,whichever is greater. 2.2.10.4.3.5. Yard exceptions. Any nonconforming, platted MH lot of record or nonconforming MH lot located within a mobile home rental park which was in existence before the effective date of this Code shall be subject to the following standards: Front yard. Ten feet Side yard. Five feet or zero feet, where carports are connected at corner lot line. Where a zero feet yard is utilized a minimum yard of ten feet must be utilized for the opposite yard. When a yard is a waterfront, the setback is 10 feet. Rear yard. Eight feet. (Waterfront: 10 feet.) 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. I n ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:42 LDC SECTION: 2.2.12.2.1. and 2.2.12.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial professional and general office district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 2. Automobile parking(7521)parking lots only. 3. Barber shops (7241), except barber schools. 4. Beauty shops (7231), except beauty schools. 5. Business services (groups 7311, 7313, 7322--7331, 7338, 7371, 7372, 7374--7376, 7379). 6. Child day care services (8351). f 7. Educational Plants. 8. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9. Offices for engineering, architectural, and surveying services (groups 0781, 8711-- 8713). 10. Health services(8011--8049). 11. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 12. Insurance carriers, agents and brokers(groups 6311--6399, 6411). 13. Legal services(8111). 14. Management and public relations services (groups 8741--8743, 8748). 15. Miscellaneous personal services (7291 or 7299,debt counseling only). 16. Nondepository credit institutions (groups 6141--6163). 17. Photographic studios (7221). 18. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). 19. Real estate(groups 6531--6552). 20. Shoe repair shops and shoeshine parlors(7251). 21. Security and commodity brokers, dealer, exchanges and services (groups 6211-- 6289). 22. Transportation services (4724),travel agencies only. 23. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-1) commercial professional and general office district, subject to the standards and procedures established in division 2.7.4. 1. Ancillary Plants. 2. Automobile parking(7521), garages-automobile parking,parking structures. 3. Churches and other places of worship. 4. Civic, social and fraternal associations (8641). 5. Depository institutions (groups 6011--6099). 6. Educational services (8211--8231, except regional libraries). 7. Homeless shelters, as defined by this Code. 8. Increased building height to a maximum of 50 feet. 9. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; g. Building height may not exceed two stories; 1 h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 10. Nursing and personal care facilities(8082). 11. Funeral service(7261 except crematories). 12. Religious organizations (8661). 13. Soup kitchens, as defined by this Code. 14. Veterinarian's office(0742), excluding outdoor kenneling. 15. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) * 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Minimum yard requirement from any residentially zoned or uses property. 25 feet. 6 ) 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. , ;,(=, s r-� a ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:46 LDC SECTION: 2.2.13.2.1. and 2.2.13.3. SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial convenience district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 2. Apparel and accessory stores with 1,800 with square feet or less of gross floor area in the principal structure(groups 5611--5699). 3. Business services (groups 7311, 7313, 7322--7338, 7371--7379, 7384). 4. Eating places with 2,800 square feet or less of gross floor area in the principal ^. structure (5812 except contract feeding, dinner theaters, food service (institutional), industrial feeding). 5. Educational Plants. 6. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 7. Gasoline service stations (5541 subject to section 2.6.28). 8. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure(5331--5399). 9. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 10. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure(5251). 11. Health services(groups 8011--8049, 8082). 12. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure(groups 5713--5719, 5731--5736). 13. Libraries(8231)except regional libraries 14. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines(7629--7631). 15. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure(5912, 5942--5961). 16. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). 17. Personal services (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 18. United States Postal Service(4311 except major distribution center). 19. Veterinary services (0742 excluding outside kenneling). 20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure(7841). (NOTE: Due to the inclusion of paragraph 5, the subsequent paragraphs need to be renumbered.) y y y y y yy W.y 2.2.13.3. Conditional uses. The following uses are permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures established in division 2.7.4. 1. Ancillary Plant. 2. Educational services (8221, 8222) except regional libraries. 3. Homeless shelters, as defined by this Code. 4. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; "Th d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (;)3 • r-� (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens, as defined by this Code. 8. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) * * * * 2.2.13.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. A minimum of 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:50 LDC SECTION: 2.2.14.2.1. and 2.2.14.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial intermediate district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparel and accessory stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (5531). 4. Automotive services (7549) except that this shall not be construed to permit the activity of"wrecker service (towing) automobiles, road and towing service." 5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and refolding, gas systems,bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 6. Eating places with 6,000 square feet or less in gross floor area in the principal structure (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. 7. Educational Plants. 8. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 9. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure(groups 5331-5399). 10. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 11. [Reserved.] 12. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 13. Libraries (8231). 14. Marinas (4493), subject to section 2.6.22. 15. Membership organizations (8611--8699). 16. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith A.-4kshop, picture framing, and pocketbook repair only). 17. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 18. Museums and art galleries (8412). 19. Nondepository credit institutions (groups 6111--6163). 20. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure(5231). 21. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only„ 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 22. Physical fitness facilities (7991). 23. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--9532, 9611--9661). 24. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). 25. Veterinary services (groups 0742, 0752 excluding outside kenneling). 26. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 27. United States Postal Service(4311 except major distribution centers). 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 29. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in division 2.7.4. 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. 3. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 4. Educational services (8221, 8222). 5. Food stores with greater than 5,000 square feet of gross floor area in the principal structure(groups 5411--5499). 6. Homeless shelters, as defined by this Code. 7. Hospitals (groups 8062--8069). 8. Justice,public order and safety(groups 9211, 9222, 9224, 9229). 9. Social services (8322--8399). 10. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; , g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 11. Motion picture theaters, except drive-in(7832). 12. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 13. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 14. Permitted use with less than 700 square feet gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Vocational schools (8243--8299). 17. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs need to be renumbered.) p * * * * * * * * 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. 2. Side yard. One-half of the building height as measured from grade with a minimum of 15 feet. 3. Rear yard. 15 feet or one-half of the height of the building as measured from grade, whichever is the greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Waterfront. 25 feet, except none for marinas. 6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. li ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE# OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:56 LDC SECTION: 2.2.15.2.1. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Ancillary Plants and Educational Plants to the permitted uses in the general commercial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.15.2.1. Permitted uses. 1. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. 2. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752, except outdoor kenneling, 0783). 3. Amusements and recreation services, indoor (groups 7911--7941, 7991--7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. 4. Ancillary Plants. 5. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only). 6. Automotive repair, services, parking (groups 7514, 7515, 7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, n shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building,but may not be located in any required yard area. . , . i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 7. Building materials,hardware and garden supplies (groups 5231--5261). 8. Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). 9. Commercial printing(2752, excluding newspapers). 10. Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. 11. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 12. Educational Plants. 13. Educational services (8221, 8222) 14. Engineering, accounting, research, management and related services (groups 8711--8748). 15. Food stores(groups 5411--5499). 16. General merchandise stores(5311). 17. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care t•` retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 18. Health services(groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). 19. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 20. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. 21. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment,boiler cleaning,tinsmithing,tractor repair). 22. Miscellaneous retail (groups 5912-5963, 5992-5999). 23. Motion picture theaters(7832). 24. Public or private parks and playgrounds. 25. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-- 7299). 26. Real estate(group 6512). 27. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). 28. [Reserved.] 29. Vocational schools (groups 8243--8299). (NOTE: Due to the inclusion of paragraphs 4 and 12, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.15.4.3. Minimum yard requirements. r 1. Front yard. 25 feet or one-half of the height of the building as measured from grade whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. 2. Side yard. 15 feet or one-half of the building height as measured from grade. 3. Rear yard. 15 feet or one-half of the building height as measured from grade, whichever is greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required from a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. • ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE# OR DATE: Cycle 3,2003 LDC PAGE: LDC2:62 LDC SECTION: 2.2.15 1/2.2.1. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Ancillary Plants and Educational Plants to the permitted uses in the heavy commercial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. 3. Auctioneering/auction houses (groups 7389, 5999). 4. Automotive dealers and gasoline service stations (groups 5511--5599). 5. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6. Building construction--General contractors (groups 1521--1542). 7. Building materials (groups 5211--5261). �,.� 8. Business services (groups 7311--7353, 7359, 7389 contractors'disbursement, directories-telephone,recording studios, swimming pool cleaning, and textile designers only). 9. Construction--special trade contractors (groups 1711--1793, 1796, 1799). 10. Educational Plants. 11. Education services (groups 8243--8249). 12. Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). 13. Fishing,hunting and trapping(groups 0912--0919). 14. Glass and glazing work (1793). 15. Crematories(7261). 16. Justice, public order and safety(groups 9211, 9221, 9222, 9224, 9229). 17. Local and suburban transit(groups 4111--4121). 18. Mobile home dealers (5271). 19. Miscellaneous repair services (groups 7622--7699). 20. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials,junk automotive vehicles, or secondhand automotive vehicle parts. 21. Printing,publishing, and allied industries (groups 2711,2721). 22. Transportation services (groups 4724--1729). NOTE: Due to the inclusion of paragraphs 2 and 10, the subsequent paragraphs need to be renumbered. * * * * * * * * 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required from a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from alllproperty lines. b. For accessory structures: 25 feet from all property lines. n ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:64.3 LDC SECTION: 2.2.16.2.1. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Ancillary Plants to the permitted uses in the industrial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL& OPERATIONAL IMPACTS: None. n RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.16.2.1. Permitted uses. 1. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722-0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311-2399). 3. Ancillary Plants. 4. Automotive repair, service, and parking(groups 7513-7549). 5. Barber shops (group 7241). 6. Beauty shops or salons (7231). 7. Building construction(groups 1521-1542). 8. Business services (groups 7312, 7313, 7319, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (groups 4812-4899 including communications towers up to specified heights, subject to section 2.6.35). 10. Construction-Special trade contractors(groups 1711-1799). 11. Crematories (7261). 12. Depository and nondepository institutions (groups 6011-6163). 13. Eating places (5812). 14. Educational services (8243-8249). 15. Electronic and other electrical equipment(groups 3612-3699). 16. Engineering, accounting, research, management and related services (groups 8711-8748). 17. Fabricated metal products (groups 3411-3479, 3491-3499). 18. Food and kindred products (groups 2011-2099 except slaughtering plants). 19. Furniture and fixtures (groups 2511-2599). 20. General aviation airport. 21. Gunsmith shops (groups 7699) .... _ . . •- : __ . : _ 22. Heavy construction(groups 1611-1629). • 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment(3511-3599). 25. Leather and leather products (groups 3131-3199). 26. Local and suburban transit(groups 4111-4173). 27. Lumber and wood products(groups 2426,2431-2499). 28. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods;watches and clocks (groups 3812-3873). 29. Membership organizations (groups 8611, 8631). 30. Miscellaneous manufacturing industries (groups 3911-3999). 31. Miscellaneous repair services (groups 7622-7699) with no associated retail sales. 32. Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34. Paper and allied products (2621-2679). ta.., 35. Personal services(groups 7211-7219). 36. Physical fitness facilities(group 7991). 37. Printing,publishing and allied industries (groups 2711-2796). 38. Railroad transportation(4011,4013). 39. Real estate brokers and appraisers (6531). 40. Rubber and miscellaneous plastics products(groups 3021, 3052, 3053). 41. Shooting range, indoor(group 7999). 40: 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255- 3273, 3275, 3281). 41- 42. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297, 2298). 4 43. Transportation equipment(groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 43 44. Transportation by air(groups 4512-4581). t 44:45. Transportation services (groups 4724-4783,4789 except stockyards). 43-46. United States Postal services (4311). 46747. Welding repair(7692). 47. 48. Wholesale trade—Durable goods (groups 5012-5014, 5021-5049, 5063- 5092, 5094-5099). 49. Wholesale trade—nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). (NOTE: Due to the inclusion of paragraph 3, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than ten feet. A zero lot line option may be used only in conjunction with an existing structure built on the lot line, or in conjunction with a unified plan of development involving one or more lots under common ownership where the preceding yard requirements for this district are met relative to the unified site. 3. Rear yard. 15 feet. 4. Waterfront. 25 feet. 5. Railroad ROW. No setback is required from a railroad easement, or right-of-way. 6. Yard abutting residential parcel. 50 feet. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:66 LDC SECTION: 2.2.18.2.1. and 2.2.18.3. LDC SUPPLEMENT#: Supplement 12 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the public use district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.18.2.1. Permitted uses. 1. Administrative service facilities. 2. Child care,not for profit. 3. Collection and transfer sites for resource recovery. 4. Communication towers. 5. Education facilities. 6. Educational Plants. 7. Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10. Museums. 11. Park and recreational service facilities. 12. Parking facilities. 13. Safety service facilities. 14. Any other public structures and uses which are comparable in nature with the foregoing uses. (NOTE: Due to the inclusion of paragraph 6, the subsequent paragraphs need to be renumbered.) 2.2.18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district(P), subject to the standards and procedures established in division 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. 3. Animal control. 4. Detention facilities and jails. 5. Detoxification facilities. 6. Electric or gas generating plants. 7. Incinerators. 8. Major maintenance and service facilities. 9. Mental health and rehabilitative facilities,not for profit. 10. Resource recovery plants. • 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Any other public uses which are comparable in nature with the foregoing uses. 14. Earthmining. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining district shall apply to all portions of the site within 100 feet of the adjoining district. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division i-'� AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE# OR DATE: Cycle 3,2003 LDC PAGE: LDC2:69 LDC SECTION: 2.2.19.2.1. and 2.2.19.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the community facility district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.19.2.1. Permitted uses. 1. Child care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Museums. 5. Nursing homes, assisted living facilities (ALF) pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group care facilities (category 1) and continuing care residential communities pursuant to § 651 F.S. and ch. 4-193 F.A.C. all subject to section 2.6.26. 6. Parks and playgrounds, noncommercial recreation facilities,open space uses. 7. Public, private and parochial schools. This includes "Educational Plants" for public schools. 8. Social and fraternal organizations. 9. Educational services (groups 8211--8231). * * * * * * * 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in division 2.7.4: 1. Ancillary Plants. 2. Archery ranges. n 3. Cemeteries. 4. Community centers. 5. Golf driving ranges. 6. Group care facility(category II, care unit), subject to section 2.6.26. 7. Marinas, boatralnps. 8. Private clubs, yacht clubs. 9. Public swimming pools. 10. Tennis facilities. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) * * * * * * * * 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yards. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:84.5 LDC SECTION: 2.2.20.7. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding a subsection to the PUD portion of the Code. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. n RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.20.6. Special requirements for research and technology park planned unit development districts: 1. Minimum lot area. 20,000 square feet. 2. Minimum lot width. 100 feet except lots abutting arterial or collector roads shall have a minimum frontage width of 250 feet. 3. Minimum yard requirements: a. Front yard: 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property, then 25 feet. 6 V 4 c. Rear yard: 15 feet. d. Minimum yard requirement from any residentially zoned or used property: 25 feet. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-58, § 3; Ord. No. 95-31, § 3; Ord. No. 97-26, § 3.B.; Ord. No. 99-6, § 3.A.; Ord. No. 00-43, § 3.B.; Ord. No. 01-34, § 3.B.; Ord. No. 02-3, §§ 3.B, 3.L.; Ord. No. 02-31, § 3.B.; Ord. No. 03-01, § 3.B.) 2.2.20.7. Special requirements for public school facilities within a planned unit development. 2.2.20.7.1. Permitted facilities. Ancillary Plants and Educational Plants are both permitted in a planned unit development district; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. 2.2.20.7.2. Yard Requirements for public schools. 1. For principal structures: 50 feet from all property lines. 2. For accessory structures: 25 feet from all pr perty lines. i ORIGIN: Community Development&Environmental Services Division AUTHOR: Donald A. Schneider,Principal Planner DEPARTMENT: Planning Services LDC PAGE: N/A LDC SECTION: 2.2.38 LDC SUPPLEMENT#: N/A CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist(RT)zoning district were adopted by the Board of County Commissioners on January 9,2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Planning �..,\ Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection,traffic projections, analysis and drafting of development standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes - See Attachment RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: None. Amend the LDC as follows: Sec. 2.2.38 Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO) 2.2.38.1 Purpose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale, compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive. 2.2.38.2 Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map 2.2.38- 1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlying zoning district. 2.2.38.3.1 Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. /.*', M F MErnP■ee99a!! lFl199e4Nn_ y� uru.GLrY i.6iiiYY. IliIv riiM. C*9rPVIMFIM! I : . spViz: 'Ip. 16'4.Yij rr... I .e.* , WitilYYYY 'iisiiiiie'.. , t V'r; 44 FEPWIR!99R9:.99!!M979l1 s`T{ ❑ ‘i..--',10177:,-, I IA' war rrrlllYl� I yl �^ennnIneee, ikIl ��14L ;om mt.iiia:. r*t OfEtV.ee7e, Y�� ler*", iiia los yYuwi�ti Y;c i� v�Y�riY.4 ..xag!"A' A�19�e5 law ago's.ii;% otii9 �iitit nosot T 4�""r.r!"-rir AOC!SeRegl Ole 1,- 7: MyLiib ire�Y.Se�i�. SO AUR.PIPM11.011MI.PIVID % a VLilliliiniii!�rL ��Y1 Iri7 4 .1.1:„14.5 81!9e,! ryp - ViL"tlii� impinvoil Tires¢. VYr ,...41211 if -y V4.i •— a�11�. r»� , 6 + kikIdat 0 10 .014 ti .,r„ woman-,.a►wµrrprq Map 2.2.38-1 2.2.38.4 Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlay district. 2.2.38.5 Development criteria. The following standards shall apply to all uses in this overlay district. ' 2.2.38.5.1 Permitted uses. 1. Hotels and motels. 2. Multiple-family dwellings. 3. Family care facilities, subject to section 2.6.26. 4. Timeshare facilities. 5. Townhouses subject to section 2.6.36. 2.2.38.5.2 Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District(VBRTO). 2. Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. 3. Private docks and boathouses, subject to sections 2.6.21 and 2.6.22. 4. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities,parks,playgrounds and plavfields. 2.2.38.5.3 Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities (category I and II); care units; nursing homes assisted living facilities pursuant to $ 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Private clubs. e 6. Yacht clubs. 2.2.38.6 Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District(VBRTO). 2.2.38.6.1 Minimum lot area. One acre. 2.2.38.6.2 Minimum lot width. 150 feet. 2.2.38.6.3 Minimum yard requirements. 1. Front yard: one-half the building height with a minimum of 30 feet. 2. Side yards: one-half the building height with a minimum of 15 • feet. 3. Rear yard: one-half the building height with a minimum of 30 feet. Note: Accessory parking structures integrated with the principal structure(s) may have a terraced setback, based on the height (not to exceed two parking decks), only in the front, rear, and waterfront yards., and on side yards that do not abut residentially zoned lands. 2.2.38.6.4 Maximum height: 100 feet. No height variances from the 100 feet will be permitted. The height of the building will be measured according to the standards in LDC Division 6.3 Definitions: Building, height of 2.2.38.6.5 Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities and townhouse uses. 2.2.38.6.6 Distance between structures. The minimum horizontal distance separation between any two principal buildings on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 2.6.2. 2.2.38.6.7 Floor area requirements. 2.2.38.6.7.1 Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may exceed the maximum. 2.2.38.6.7.2 Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom(600 square feet), and two or more bedrooms (750 square feet). 2.2.38.6.8 Maximum lot area coverage. (Reserved.) 2.2.38.7 Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.7.1 Figures 1 —4,while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. 2.2.38.8 Off-street parking and off street loading. As required in division 2.3 of this code. 2.2.38.9 Landscaping requirements. As required in division 2.4 of this code. 2.2.38.10 Signs. As required in division 2.5 of this code. 2.2.38.11 Coastal Construction Setback Lines (CCSL). As required in Division 3.13 of this code. LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 II, 1111 DESIRABLE ■ 1111111 UNDESIRABLE FIGURE- 1 l LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 r DESIRABLE UNDESIRABLE FIGURE-2 LDC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE-3 VIEW PLANE LDC Section 2.2:38.7.1 V.P. V.P. V.P. I i< 3 /A\ /A /2 /A\V \ / KV/A\ /A\�'/�� /A� UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE-4 LAND DEVELOPMENT CODE (LDC) AMENDMENT VANDERBILT BEACH (RT) ZONE PROPOSED OVERLAY DISTRICT FISCAL IMPACT ANALYSIS LDC CYCLE 3 - 2003 ORIGIN: Community Development&Environmental Services Division AUTHOR: Donald A. Schneider,Principal Planner DEPARTMENT: Planning Services LDC PAGE: N/A LDC SECTION: 2.2.3 8 (New) CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist(RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Planning Services Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, infrastructure analysis,traffic projections, analysis and drafting of development standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District(RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OBJECTIVE: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date and is in force until January 31, 2004. Initially the moratorium was scheduled to expire on January 9,2003. Recognizing the need to extend the moratorium in order to adequately investigate the existing situation, the Board of County Commissioners voted to extend the moratorium another year until January 31, 2004. The moratorium was initiated in direct response to homeowners' concerns to restrict development and redevelopment of the area in order to allow the county planning department time to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The Vanderbilt Beach area is unique in that it is situated on a narrow spit of land lying to the east of the Gulf of Mexico and to the west of the Vanderbilt Lagoon. Gulf Shore Drive is a narrow 18—20 foot wide two-lane roadway and bicycle lane all contained within a 70-foot right-of-way. Presently, hotel, motel, multiple-family and other uses are permitted in the Residential Tourist (RT) zoning district with maximum heights of ten stories not to exceed 100 feet. Setbacks are a function of the height of a structure. The area had been experiencing redevelopment pressure due to its proximity to the water. Some redevelopment proposals have been planned to maximize the use of the available land by utilizing maximum development standards on small lots that were originally platted in the 1950's. INVESTIGATIVE STUDIES County Staff launched the study process of the Vanderbilt Beach area with an April 25, 2002 community-visioning meeting. At that meeting residents identified their priorities about future development and redevelopment along Gulf Shore Drive. Subsequent investigations conducted by county staff included: compatibility and comparability study of existing buildings,building heights, open space and view corridors. A review was conducted of historic zoning ordinances in the Vanderbilt area to determine how the existing non-conforming structures were legally established. Extensive searches were conducted to learn of existing ordinances developed by other counties/municipalities that deal with height, view plane, and lot area coverage restrictions. Additional studies conducted by staff have included; lot area coverage statistics, graphic illustrations of current zoning districts and maximum lot area coverage permitted, open space and view plane status along both sides of Gulf Shore Drive, existing traffic conditions,hurricane evacuation potentials,density review, infrastructure capacities and existing public access to the beach. STANDARDS DEVELOPED County Staff then developed a"draft"overlay document(a thinking point document for discussion purposes only) and conducted meetings with a"Stakeholders group" (individuals representing homeowners and development/business owners)to review the draft document and attempt to reach consensus regarding development standards to be set forth in the proposed overlay document. The"Stakeholders group"became deadlocked in their review of the draft document, which led to each side offering their own version to be considered. Staff analyzed the documents and developed a final draft to be included in the third 2003 LDC Cycle of amendments. 1 FISCAL IMPACT ANALYSIS The fiscal impacts associated with the proposed overlay LDC amendment are inextricably intertwined with the effect on the government body(Collier County), the development community and individual property owners within the Residential Tourist(RT)zoning district and adjacent districts. At this time, Collier County does not have a fiscal impact analysis model capable of forecasting with specificity the fiscal impact that the proposed changes would have on existing properties located in the Residential Tourist(RT) zoning district. Moreover, county staff cannot provide a level of certainty with an acceptable margin of error. However, county staff can identify specific areas where obvious fiscal impacts will occur depending on the action taken by the Board of County Commissioners(BCC). Fiscal impact analysis is the study of the effect that public policy or economic development has on government finances. There are a number of possible uses for fiscal impact studies, including but not limited to,land use planning, subdivision development, and state and federal policy analysis. There is no static method of fiscal impact analysis that is appropriate for all development and policy issues,but most studies typically include comparison of a current baseline to future scenarios. Sensitivity analysis helps non-experts to understand the effect that different assumptions have on estimates of fiscal impacts. Estimating expenditures and revenues of local governments under growth conditions is difficult. Reliance on"current per capita operating expenditures" to measure the impact of growth on local government costs may well underestimate the spending associated with growth, given that a study has shown that per capita costs increase with population growth. Capital construction cost may increase expenditures per capita,while non-local aid may increase per capita revenues. A local fiscal impact study may also be used to estimate the effect on local government of a change in local, state, or federal public policy. Policies that might effect local revenues or expenditures include changes in local planning and zoning regulations; a change in the quantity or quality of services provided; federal or state tax policy; funding formulas for local services; environmental regulations;public lands management policy; or non-locally legislated mandates. In the near future, Collier County anticipates incorporating a fiscal impact analysis model developed by Hank Fishkind and Associates. The model under development has incorporated input from all county divisions and departments. As a result, staff anticipates providing the BCC with a significantly higher level of certainty in years to come. Regardless, staff is capable of identifying major fiscal impact issues associated with the Vanderbilt Beach Residential Tourist (RT)zoning overlay district. 1. Potential Impact of"Bert Harris Claim" County legal staff was consulted with respect to potential Harris Act claims that could be associated with any new zoning regulation that could diminish the value of land. What follows is a summary of the Harris Act and the potential financial exposure the County could face if density and height are reduced. The protection of a landowner's private property rights was identified by the Florida legislature in 1995 to be of important State interest. As a result the Legislature enacted Chapter 70,F.S. that is commonly referred to as the Bert J. Harris,Jr. Private Property Rights Protection Act. This law provides a landowner with either relief from government regulation or payment of compensation if a governmental entity's law, rule,regulation or ordinance limits,restricts, or unfairly affects the landowner's use of his or her private property, or causes the property to be inordinately burdened and/or devalued. The Florida legislature recognized that laws, rules,regulations, and ordinances that are enacted by a governmental entity could restrict or limit a landowner's private property rights without amounting to a taking of the property under the State Constitution or the United States Constitution. The Fifth Amendment to the United States Constitution establishes a fundamental individual right to allow an individual to own private property. However, the government does retain certain rights that limit the private property owner's constitutional rights. The Constitution provides that private property shall not be taken for public use without just compensation to the owner of the private property. However, it would appear that the State of Florida relaxed the right of governments to limit private property rights by providing additional compensatory measures when it enacted the Harris Act. Chapter 70,F.S. provides remedies to property owners if government regulations restrict the use or diminish the value of their land. The law creates a legal remedy in circuit court for regulations enacted and/or governmental actions taken after June 16, 1995. The law does not protect property owners against temporary losses to property or against government decisions that address public nuisances. New regulations by state agencies, regional agencies, and local governments are subject to this law. A landowner is entitled to relief if their property is permanently made to bear an inordinate share of burden imposed for the public good that limits or restricts property value or use. There is a dispute resolution mechanism set forth in Chapter 70 F.S.,but many Harris Act claims result in litigation. Unfortunately there is limited case law with respect to Harris Act claims as the majority of the claims are settled. A landowner does not have to prove that government regulation has eliminated all economically profitable use of the property to seek compensation. The law provides the landowner with two remedies to seek compensation or relief. 1. Present a formal claim. A landowner has one year after the law or regulation is first applied by an agency to the property to present a formal written claim that is supported by an appraisal of the property showing the fair market value lost due to the agency's actions. The government agency has 180 days to review the case and select one of the following options: o offer to change permit requirements including increases or modifications in the density, intensity, or uses of the property; o swap, exchange or buy the land; o rearrange development on the site including development on the least sensitive portion of the property; o agree to the transfer of development rights; o grant a variance, special exception or take other steps; or, o stand by its original decision. 1. If a settlement is offered,the landowner can accept or reject the settlement and take the issue to the circuit court. A landowner has one year after the new regulation is applied to file suit. If a judge rules that a landowner is entitled to compensation, a jury will determine the amount due. 2. Select a mediation process. A property owner can request that the government agency taking action enter into a mediation process within 30 days of the government action. Examples of government actions under the law are decisions made by state,regional, or local governments that deny a development permit or enforce zoning of a specific parcel. The mediation process may not continue longer than 165 days. A special master is jointly agreed upon to hear the matter so that a compromise can be reached to enable the landowner to use the property and safeguard the public interest represented by the government agency. If the parties do not reach an acceptable solution, the special master considers the facts and circumstances in the request for relief in order to determine if the action by the government entity is unreasonable or unfairly affects the real property. The special master prepares and files a written recommendation with all parties. If the government entity rejects the special master's recommendation, the government entity must issue a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property.The decision by the government entity describing available uses is the last prerequisite to judicial action. There are approximately fourty-seven(47)parcels identified in the Residential Tourist(RT) zoning district along Gulf Shore Drive. Any one or all of these parcels could be the subject of a claim under the Harris Act. 2. Litigation Expenses A. Internal attorney cost. The County if unsuccessful in its defense of Bert Harris claims, could possibly face multimillion-dollar financial exposure where compensation would most likely have to corn from the general fund. Litigation expenses must be borne by the County in the event there is a legal challenge to part or all of the proposed legislation. County attorneys will incur expenses as they bill their time against any litigation proceedings. B. External attorney cost At its option the Board of County Commissioners may retain outside counsel to defend the county in litigation proceedings. Cost associated with these functions and payment for services will be the responsibility of county government. A recent example(the "Bellagio") of external attorney costs accrued by the County has been realized in excess of one hundred thousand dollars. Moreover, the example cited never went to trial. 3. Staffing Cost if Litigated A. Staff costs for assistance. In the event of a legal challenge, attorneys may direct various staff members to research records and provide information to support the County's defense of a Harris Act claim. Costs associated with this allocation of personnel will be incurred on a time and materials basis. The assistance is not fee generating,which will thus require funding from the general fund. B. Staff costs for proceedings. Assuming that a legal challenge were to progress into the court system, staff could be called to take part in the defense through depositions and testimonies. Costs associated with this allocation of personnel will be incurred on a time and materials basis. These costs would most likely be funded by the County's general fund. 4. Changes in Tax Base Florida Law requires that the just value of all property be determined each year. The Supreme Court of Florida has declared, "just value" to be legally synonymous to "full cash value" and "fair market value." The fair market value of your property is the amount for which it could sell on the open market. The property appraiser analyzes these market transactions annually to determine fair market value as of January 1. If there is a reduction in the permitted height or density there will be a correlative reduction in the tax base for the subject RT properties. If the residents' proposal were accepted with respect to height, it would be anticipated that there would be an approximate sixty percent reduction in tax revenue. 5. Infrastructure The purpose of fiscal impact analysis is to estimate the impact of a development or a land use change on the costs and revenues of governmental units serving the development. The analysis is generally based on the fiscal characteristics of the community—e.g., revenues, expenditures, land values—and characteristics of the development or land use change—e.g.,type of land use, distance from central facilities. The analysis enables local governments to estimate the difference between the costs of providing services to a new development and the revenues—taxes and user fees, for example—that will be generated by the development. Fiscal impacts are only one type of impact associated with development, and further-more, fiscal impact analysis has a number of limitations to keep in mind. • The Interaction of Land Uses: A major limitation of fiscal impact analysis is that it does not capture the interactions among land uses when development occurs. For example, a commercial development may show a net positive fiscal impact, yet it may also generate costs outside of the development that are not necessarily captured in the fiscal analysis— costs �^ such as increased traffic congestion around the area leading to higher expenditures 1 for street maintenance and repair. Development also affects property values in adjacent properties,which are not included in the final analysis. • Fiscal Impacts on Other Jurisdictions: Standard approaches to fiscal impact analysis are typically designed to examine the effects of development on a single unit of government. Development has impacts beyond your community, but there is no formal mechanism to precisely estimate these costs. • The Cumulative Impacts of Development: Cumulative impacts are not necessarily considered in standard approaches to fiscal impact analysis. Whereas, a single development may have a slight effect on a community's fiscal balance sheet, a series of developments over time may significantly impact revenues and expenditures and tax base. In growing communities, it is often necessary to invest in capital facilities to accommodate new development. New streets,water and sewer systems and schools may be needed to serve additional population. Because large capital projects such as sewage treatment plants are often financed by debt paid through user fees and charges to new residents, they are often not explicitly included in traditional fiscal impact studies,which focus on operating budgets. Furthermore,many of these initial capital investments are required to be paid for by the developer. It is important to understand the long-term consequences of development in terms of capital improvements and facilities. The following allows you to identify whether the proposed development is expected to generate a need for additional capital facilities or improvements. The impact of such expenditures on residents—new and existing—depends on how the capital investment is financed. If it is to be financed through a bond issue, the annual debt payment should be included as an expenditure when the total impacts of development are calculated. This section follows a case-study approach intended to assist in estimating annual debt service expenditures associated with the new development. IDENTIFICATION OF FACILITIES AND IMPROVEMENTS NECESSARY TO ACCOMMODATE GROWTH The identification of infrastructure facilities necessary to accommodate the new development should occur in a systematic manner. This information can be identified in a number of ways. One would be to contact department heads for their expertise on necessary capital improvements to serve new development. Another would be to analyze any support documentation the community may have, such as a capital improvement plan. Special studies can be conducted to identify needs. Lastly,to determine the physical quantities of needed capital investments, a standard for each service or facility may be useful. Ideally,this would be based on a community- needs assessment,but the existing standard of provision is an appropriate alternative. Once these service standards are established, the need for new capital facilities can be determined. List of Capital Investment Items to Consider in Accommodating New Development • Streets,roads and sidewalks • Playground equipment n • Street Lighting • Recreation buildings • Street and road repairs • Heavy equipment • Traffic signals • Police and fire stations • Parking lots • Fire trucks • Parking meters • Police and fire radio systems • City halls,courthouses • Police cars • Libraries • Water and sewer treatment plants • Major building rehabilitation • Storm sewers • Jails • Sewer and water mains • Tennis courts • Solid waste sites and equipment The proposed zoning overlay will not have any adverse infrastructure impacts when compared to the existing RT zoning district regulations. Moreover, an analysis of infrastructure in the study area indicated that there are no current or anticipated infrastructure deficiencies from a level of service perspective in the overlay district study area. As a result,there are no infrastructure impacts associated with the proposed zoning overlay district. 6. Conclusion The fiscal impacts associated with the proposed zoning overlay drafted by staff are negligible. However, there would be major fiscal impacts if height and density were reduced as proposed by the residential stakeholders in the Vanderbilt Beach study area. As previously mentioned, the county could be faced with multi-million dollar financial exposure from potential Harris Act • claims if height and density development rights currently in place are changed wherein the end '~ result is diminished property values. Moreover,planning practices and principles do not warrant substantial change to the existing RT zoning district. The proposed changes are fiscally responsible and take into account all potential impacts on public infrastructure as it relates to existing and projected levels of service. Furthermore, legal staff concurs with the proposed zoning overlay and has rejected the proposal promulgated by resident Stakeholders as fiscally irresponsible. • 1 ♦ • ORIGIN: Community Development &Environmental Services Division AUTHOR: Donald A. Schneider,Principal Planner DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:124.34.13 and 134 LDC SECTION: 2.3 LDC SUPPLEMENT#: Supplement 14 CHANGE: Additions to the Off-Street Parking and Loading Ordinance REASON: Move Sections 2.8.3.1,2.8.3.1.2, 2.8.3.1.3, 2.8.3.1.4 of Division 2.8, the Architectural and Site Design Standards, to Division 2.3 Off-Street Parking and Loading, section 2.3.4.13 in order to have all parking requirements in the same LDC Division. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: None. Amend the LDC as follows: DIVISION 23. OFF-STREET PARKING AND LOADING Sec.2.3.1.Title and citation. This division shall be known and may be cited as the"Collier County Off-Street Parking and Loading Code." Sec.23.2. Purpose and intent. It is the intent of this division that the public health,safety,comfort,order,appearance,convenience, morals,interest,and general welfare require that every building and use erected or instituted after the effective date of this Code shall be provided with adequate off-street parking facilities for the use of occupants,employees,visitors,customers or patrons.It is also the intent of this Code that certain uses must provide adequate off-street loading facilities.Such off-street parking and off-street loading facilities shall be maintained and continued so long as the use continues.(For definitions of"parking space,off-street"and "loading space,off-street,"see article 6). (Ord.No.92-73, §2) Sec.2.3.3.General applicability. Wherever in any zoning district off-street facilities are provided for the parking or display of any and all types of vehicles,boats or heavy construction equipment,whether such vehicles,boats or equipment are self-propelled or not,and all land upon which vehicles traverse the property as a function of the primary use(including"drive-in"facilities)hereinafter referred to as"other vehicular uses,"such off-street facilities and land shall conform to the minimum requirements of this Code. 2.3.3.1. Repair of existing building or use. Off-street parking and off-street loading facilities shall be provided as set forth in this division.Conforming buildings and uses existing as of the effective date of this Code may be modernized,altered,or repaired without providing additional off-street parking or off-street loading facilities,providing there is no increase in floor area or capacity or change in use which would require additional off-street parking. 23.3.2. Enlargement of existing building or use. Where a conforming building or use existed as of the effective date of this Code and such building or use is enlarged in floor area, volume,capacity,or space occupied,off-street parking and off-street loading as specified in this Code shall be provided for the additional floor area,volume,capacity,or space so created or used. 233.3. Change of existing use. Where a use and building existed at the effective date of this Code and the use is changed after the effective date of this Code and where this Code requires such later and changed use to have greater required off-street parking,then additional off-street parking shall be provided for the later and changed use as required under this Code. 2.33.4. Central business district.Unless otherwise provided,areas designated as the central business district of a community shall not be required to meet the requirements for off- street parking and loading herein. Such central business districts may be designated on a map or such other documents and materials as are necessary and adopted by the board of county commissioners upon recommendation of the planning commission for the purpose of exempting such area from off-street parking and loading regulations. (Ord.No.92-73, §2) Sec.2.3.4.Off-street vehicular facilities: design standards. Off-street parking facilities and other vehicular facilities,both required and provided,shall: 2.3.4.1. Identification.Be identified as to purpose and location when not clearly evident. 2.3.4.2. Surfacing. Be surfaced with asphalt,bituminous,concrete or dustless material and maintained in smooth,well-graded condition.Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn. Spaces that are not paved shall be compacted,stabilized,well drained and surfaced with a durable grass cover.Driveways,handicapped spaces and access aisles shall be paved.When the development services director determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts, the director may require that these parking spaces not be paved.Upon approval of the development services director,a suitable material(limerock excluded)with a suitable stabilized subgrade may be substituted for the above materials.This section 2.3.4.2 shall not apply to single-family dwellings. 2.3.43. Drainage and slope.Be drained and sloped so as not to cause any nuisance to adjacent property or to public property or rights-of-way.Such facilities must also be sloped to meet the provisions of the Americans with Disabilities Act. 2.3.4.4. Lighting. Be so lighted,if lighted,as to shield streets and all adjacent properties from direct glare,excessive light,and hazardous interference with automotive and pedestrian traffic.Lighting shall conform to the applicable provisions of division 2.8. 2.3.4.5. Access. Be arranged for convenient and safe access of pedestrians and vehicles.Access via a rear property right-of-way shall be required if available in lieu of direct access. 2.3.4.6. Internal circulation.Be arranged so that no vehicle shall be forced onto any street to gain access from one aisle to another aisle. 2.3.4.7. Striping or marking.Whenever the number of off-street parking spaces required by this Code is five or more,all parking spaces shall be striped or marked with paint or other suitable pavement marking material. 2.3.4.8. Landscaping. Be constructed so that interior portions of off-street vehicular facilities not utilized specifically as a parking space or maneuvering or other vehicular use area shall not be paved but shall be landscaped in accordance with this Code,specifically division 2.4. 2.3.4.9. Dead-end aisles. Off-street parking areas shall be designed so as not to create dead-end aisles except as may be permitted in accordance with provisions of the Standard Building Code,or other applicable Codes referenced within division 1.18.Aisles designed for one- way traffic flow shall have painted arrows not less than four feet at each end of the aisle indicating the direction of travel. 2.3.4.10. Redesign. Whenever any part of an off-street parking area is redesigned,those pavement markings which no longer apply shall be completely obliterated. 23.4.11. Locational requirements. 1. All off-street parking facilities shall be located on the same lot they serve,on a contiguous lot under the same ownership that is zoned for use as a parking lot, or shall be approved under the provisions of section 2.3.4.11.2.,below. 2. Exemptions to locational requirements: a. Off-site parking on non-contiguous lots under same ownership. 1. The planning services director may approve off-site parking on lots under the same ownership that are separated by a roadway that is not designated an arterial or a collector roadway of greater than two lanes in the traffic circulation element of the growth management plan.A site development plan shall be submitted to the director which indicates that: (1) At least 67 percent of the required parking is on the lot with the principal structure;or D'r (2) The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure;or (3) The off-site parking will serve a water dependent and/or a water related use or will only be used for valet parking. b. Off-site parking on lots under different ownership. 1. The planning services director may approve off-site parking on contiguous lots that are under different ownership.A site development plan shall be submitted to the director which includes: (1) A minimum ten-year lease agreement between the property owners,including a provision that if and when the lease expires,the property owner requiring the off-site parking shall make other provisions for the required parking.The county attorney shall review this agreement for form and legal sufficiency. The petitioner shall record the lease in the official records of Collier County before approval of the site development plan;and (2) At least 67 percent of the required parking is on the lot with the principal structure;or (3) The off-site lots are zoned for use as a parking lot or are zoned the same as the lot with the principal structure;or (4) The off-site parking will serve a water dependent and/or water related use or will only be used for valet parking. c. Parking exemption. 1. The board of zoning appeals,after review and recommendation by the planning commission,may approve a parking exemption under the following circumstances: (1) The permitted use and the proposed off-site parking lot are separated by a collector or arterial roadway; (2) The lot proposed for off-site parking is not zoned commercial; (3) Shared parking,in which two or more permitted uses utilise the same,or a portion of the same required parking. (4) Parking reservation,in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed,while r , reserving the land area for future parking spaces if determined necessary by the planning services director,or the board of zoning appeals. (5) Structures in commercial zoning districts shall be set back a-minimum of 15 feet from residentially zoned lots which have been granted a parking exemption. 2. The planning commission and the board of zoning appeals shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off-site parking is required by section 2.3.16,or is in excess of these requirements. (2) The distance of the farthest parking space from the facility to be served. (3) Pedestrian safety if the lots are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and quality of the neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential streets. (9) Whether buffers adjacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. 3. Off-street parking areas must be accessible from a street,alley or other public right-of-way and all off-street parking facilities must be so arranged that no motor vehicle shall have to back onto any street,excluding single-family and two-family residential dwellings and churches approved under section 2.3.16. 23.4.12. Reserved. J'1 2.3.4.12.1. Minimum aisle widths.Minimum aisle widths shall be as follows: Angle of Parking Aisle Width(One-Way) Aisle Width(Two- Way) Parallel 12 feet* 20 feet 30 degrees 12 feet* 22 feet 45 degrees 12 feet* 22 feet 60 degrees 18 feet 24 feet 90 degrees 22 feet 24 feet *Fire districts may require these to be increased to 14 feet where an acute turning radius is present. 2.3.4.12.2. Minimum space size. Each parking space shall be a minimum of nine feet by 18 feet in size or 16 feet in depth measured from the aisle width to the face of the wheel stop except in the case of parallel parking where the dimension of the space shall be nine feet by 23 feet for spaces running parallel to the driveway which affords access to said spaces.As an alternative,nine feet by 18 feet spaces may be used in which case there must be a six foot marked clear zone space in front of or in back of every space.See Exhibit"A" for typical off-street parking design.All parking spaces for the exclusive use of compact vehicles indicated on an approved site development plan,and any subsequent amendments thereto,shall be counted as standard parking spaces. GRAPHIC UNAVAILABLE:Exhibit A 2.3.4.12.3. Secondary parking from alley access. For any nonresidential development which abuts an alley,a maximum of ten parking spaces,not to exceed 30 percent of the required parking for the proposed use,may be accessed solely from the alley.Said parking spaces shall be clearly marked and arranged in such a manner so that each parking space meets the minimum size required in section 2.3.4.12.2 of this Code.Additionally,these spaces shall be arranged in a manner which allows for full compliance with any required landscaped buffer requirement.These spaces shall be for the exclusive use of employees and service vehicles and shall be clearly designated as such by appropriate signage. 2. 4 9 '"44 ,,,, , • .r - I it. r: . i• ; .� - : ;r ' - s _ Design Standards, compliance with the standards set forth in this section shall be demonstrated by submittal of architectural drawings and a site development plan in accordance with Division 3.3.of this Code, ! MMIL • r ...- - •. . ,'�� _ in • M.. v. .�.i =�.t .ted •• •'5. -. 1111. $ O entire site. Parking shall be designed SQ : to enhance the visual appearance of .- •, A! -.. . ... • . o.',- •I ,'-.I . 11 t • - • pedej.aps and vehicles. 2, Parking,utilizing the same degree of angle,shall be developed throughout the site to provide efficient u• s.fe 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 vro _- -s' -. • e e •e • one-way and two-way parking,or different angled parking is not permitted /—•\ within a.single parking area. r 4 , When individual narkin_e areas are physically separated frim one another by a continuous landscape buffer with a minimum width of 5 feet and imited acc ss. the r ' s are considered separate. Shrubs and trees shall be the landscape material used for the separation of narkine areas. Trees shall be y•. • 1• ee• . e 1 •• Nl .`j ./ 1 I • • • : 1 I- '• 1 '• at time of nlantine and attainine a minimum of three feet in height within one XQUA !I CLUDE JLLUSTRA,TIQNS_14k 2) •• a .; : ••. • • e• • 1.111) • : • . •� .I: • ,desigacd to adbttg.lvhe fpllpwirlg standards; a. Interior lots No more thga50 nereent of t1 e o -street par ring for he entire.buildinz pr project sballbe located betWcz y_nrimary fac dq ofPl.thalmiklipLandihrabatinaitrattputrizablumaterway. illicLUDE ILLUSTRATION 31 b, Corner lots, No more than 8Q percent of the off-streetnarlcing_for the entire building or project shall be located between any primary facade : .• •- : • Ih.• •I -- • i: A •:• - .Y wji.. : ,• I• - -- side should cpntain more than 65 percent of the provided parking (Ord.No.92-73, §2;Ord.No.93-89,§3;Ord.No.94-58, §3;Ord.No.96-21, § 3;Ord.No. 96-35, §2; Ord.No.99-62, § 1;Ord.No.00-8,§3.C.;Ord.No.00-43,§3.C.;Ord.No.02-3, §3.C.) Sec.2.3.5.Automobile parking in conjunction with residential structures. All automobile parking or storage of automobiles in connection with residential structures which are located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map and which are zoned or used for residential uses,shall occur on specifically designed surfaces in a specifically designated area of the lot upon which the residential structure is located.The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: 1. Single-family dwelling units:Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized pervious or imperviously treated surface areas of the lot specifically designed for the parking of automobiles which may not comprise an area greater than 40 percent of any required front yard,which nonetheless may not serve to limit a driveway to a width less than 20 feet.All parked automobiles shall utilize only the designated pervious or impervious surface areas. 2. Two-family dwelling units:Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with a two-family structure shall be limited to pervious or imperviously treated areas of the lot which may not comprise an area greater than 50 percent of any required front yard,except that this shall not serve to limit a driveway width to less than 20 feet,and a driveway may be provided on each side of the two-family structure. 3. Multiple-family(i.e.three or more)dwelling units:Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with multiple-family dwelling units shall be limited to pervious or imperviously treated surface areas of the lot designated for the parking and storing of automobiles.Pervious or imperviously treated surface areas designated for the parking of automobiles shall not exceed a ratio of two and one-half automobiles per dwelling unit in the event all parking spaces are not located within an enclosed structure or any combination of open air and enclosed structure. 4. Where multiple-family structures consist of single-family attached(i.e.row houses)dwelling units each with its own driveway to a common accessway, public or private street,all parking of automobiles shall be limited to the driveway and or garage combination. 5. Automobiles parked and/or stored in connection with residential dwelling units as described above shall be owned by the occupants of the dwelling unit or units unless the vehicle is owned by a firm,corporation or entity for which a dwelling unit occupant is employed.This provision shall not be construed to apply to automobile vehicles owned by persons or business firms at the site for social or business purposes. 6. No other portion of a front yard may be used to park or store automobiles including that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.1. Nonconforming situations.Nonconforming situations that were otherwise lawful prior to the effective date of this section of the article shall comply with this article or any subsequent amendment to this article within 90 days of its effective date. (Ord.No.02-3, §3.C.) Sec.2.3.6.Off-street parking: uses not specifically mentioned. Requirements for off-street parking for uses not specifically mentioned in this division shall be the same as for the use most similar to the one sought,or as otherwise determined by the planning services director pursuant to section 2.3.9 of this Code it being the intent of this Code to require all uses to provide off-street parking,unless specific provision is made to the contrary. (Ord.No.92-73,§2;Ord.No.95-58, §3) Sec.2.3.7.Off-street parking: fractional measurements. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space,then such fraction equal or greater than one-half shall require a full off- street parking space. Sec.2.3.8.Off-street parking: measurement. Where this Code requires off-street parking based on various types of measurements,the following rules shall apply: 2.3.8.1. Floor area means,for the purposes of this division only,the gross floor area inside the exterior walls,unless otherwise specifically indicated. 2.3.8.2. In hospitals,bassinets do not count as beds. 2.3.8.3. In stadiums, sports arenas,houses of worship,and other places of public assembly where occupants utilize benches,pews,or other similar seating arrangements,each 24 lineal inches of such seating facilities count as one seat. 23.8.4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied,then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. (Ord.No.92-73,§2) Sec.23.9.Off-street parking: minimum requirement. ` I Irrespective of any other requirement of this Code,each and every separate individual store,office,or other business shall be provided with at least one off-street parking space,unless specific provision is made to the contrary. The planning services director may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this Code should not be applied.In making such a determination the planning services director may require submission of parking generation studies;evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 2.3.16;and other conditions and safeguards deemed to be appropriate to protect the public health,safety and welfare. (Ord.No.95-58, § 3;Ord.No.96-21, §3) Sec.23.10.Off-street parking:parking provided over and above the minimum parking requirement. Developers of commercial projects located within commercial zoning districts,business park districts,or a commercial component of a PUD zoning district,which require a minimum of 80 parking spaces,providing paved off-street surface parking in excess of 120 percent of the requirements of this Code shall request a variance in accordance with section 2.7.5.The developer shall be required to provide double the landscaping required in interior vehicular use areas,as required by section 2.4.5.2 for those projects requesting such a variance. (Ord.No.95-58,§3;Ord.No.96-66, §3.C.) Sec.23.11.Off-street parking:parking lots exceeding 200 spaces. Developers providing parking lots in excess of 200 parking spaces may surface 15 percent of the required off-street parking spaces in grass which shall be compacted,stabilized,well drained and surfaced with a durable grass cover. Such grass parking spaces shall be located along the outlying perimeter of the parking lot.Driveways,handicapped spaces and access aisles shall be paved.All grassed parking spaces shall be included in the water management calculations for site development plan review. (Ord.No.95-58, §3) Sec.2.3.12.Off-street parking:encroachment prohibited. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another.If necessary,wheel stops or barriers may be required in order to enforce this provision. (Ord.No.92-73, §2;Ord.No. 95-58, §3) Sec.23.13.Off-street parking:not to be reduced or changed. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. (Ord.No.95-58,§3) /"1 Sec.2.3.14.Reserved. Editors Note:Ord.No.00-8,§ 3.C,adopted Jan.25,2000,repealed§2.3.14.in its entirety. Formerly,said section pertained to reservation of off-street parking.See the Land Development Code Comparative Table. Sec.2.3.15.Reserved. Sec.2.3.16.Off-street parking and stacking:required amounts. Minimum off-street parking space requirements are set forth below.Where stacking is required,the amount listed does not include the first vehicle being serviced for restaurants with drive-in windowsat leas iffiNkniiist 'cOct& station,for. er a, uses, stacking starts ten feet behind the middle of the pickup window)and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle,measured at the outside of the driveway).Stacking for one lane may be reduced if the reduction is added to the other lane(s). Airport(civil aviation) 1 per 600 annual enplaned passengers. Airport(general aviation) 1 per each aircraft tiedown/storage/maintenance area. Art gallery or museum 1 per 300 square feet of floor area open to the general public. Archery fields 1 per 1.5 target practice stalls Athletic fields 25 spaces for each athletic field(baseball,softball,football, soccer,etc.).The community development services administrator,or his designee,may administratively reduce this requirement where the applicant can demonstrate a reduced need for the required parking due to the type of athletic facility or where shared parking may be provided on adjacent public property.Grassed parking may be permitted for not more than 50 percent of the provided parking. Auto maintenance center(drive-through) 1 per 250 square feet.Stacking for 5 vehicles for the first bay and 2 for each additional bay. Auto service station 3.5 per service bay or 1 per 250 square feet,whichever is _greater. Auto/truck/trailer leasing 1 per 500 square feet of roofed building area plus 1 per 2,000 square feet of paved outdoor vehicle storage area.These spaces shall not be used for the parking of rental vehicles. Auto/truck/boat/motorcycle/recreational vehicle 3.5 per service bay or 1 per 250 square feet,whichever is repair or body shop greater. Auto/truck/boat/motorcycle/recreational vehicle 1 per 400 square feet of building area except service/body sales or dealership shop buildings which are 3.5 per service bay or 1 per 250 square feet,whichever is greater;plus 1 per 2,000 square feet of outdoor sales/display area. Auto/truck washing 1 for self-service wash facilities and 1 per employee of the largest shift for automatic wash facilities.Stacking for 2 vehicles per stall for self-service wash bays and stacking for 5 vehicles per automatic carwash lane. Bank or financial institution 1 per 250 square feet on the first floor and 1 per 300 square feet on any other floors.Stacking for four vehicles for each drive-up window not to exceed a total requirement of 15 vehicles exclusive of automated deposit lanes which require no stacking. Barbershop/beauty parlor/hair salon 1 per 200 square feet or 3 per barber/beautician haircutting chair,whichever is greater,and 1.5 per station or booth for nails,massages,facials,suntanning,etc. Beverage center(drive-through) 1 per 250 square feet.Stacking for 5 vehicles for the first drive-through aisle and 2 for each additional aisle. . r . Boat ramp Minimum 10 spaces per ramp with dimensions of 10 feet wide by 40 feet long.Vehicular parking shall be provided at 4 spaces per ramp. Boat storage (Only for dry storage on a site that has no water access for boats and those not associated with a self-service storage facility), 1 per 12 dry boat storage spaces. Bottling establishment 1 per 500 square feet of building area.Office area shall be calculated at 1 per 275 square feet. Bowling alley 1 per 200 square feet for bowling area which also includes parking for locker room area,bowlers'seating/approach area and storage area plus 1 per 150 square feet for all other uses including offices,snack bars,lounges,game/pool rooms,and sales areas. Building supplies/lumberyard (Only for retail sales where the supplies are primarily stored outside), 1 per 275 square feet of inside retail/office area plus 1 per 1,500 square feet of enclosed or roofed storage structures. Catering shop 1 per 500 square feet.Sales and display areas shall be computed at 1 per 250 square feet and office area shall be computed at 1 per 300 square feet. Child care/day nursery/adult day care center 1 per employee of the largest workshift plus 1 space for every 10 children/adults.In addition,adequate dropoff and pickup areas shall be provided. Church/house of worship/temple/synagogue 3 for each 7 seats in chapel or assembly area.Other uses are not counted except for residential uses.A reduction of this standard to a minimum of 1 space for each 4 seats,may be applied for in conjunction with an application for a site development plan,through the board of zoning appeals after review and recommendation of the planning commission. This reduction will only be allowed for expansion created by congregational growth,for existing church buildings where the applicant can demonstrate a significant hardship exists. A stacked or other parking plan shall be submitted with the application which will demonstrate that the vehicle parking will not have negative impacts upon neighboring properties and will provide adequate access for emergency vehicles. Coin-operated(laundry,self-service) 1 per each 2 washing machines. Commercial laundry 1 per 500 square feet of building area. Convenience store/delicatessen/takeout prepared 1 per 200 square feet plus 1 for each 2 seats provided for food food store patrons. Dance,art,music studio 1 per 250 square feet. Dry cleaning 1 per 300 square feet. Equipment rental store 1 per 500 square feet plus 1 per 2,000 square feet of outside storage/display areas. Flea market 1 per 50 square feet of sales area or 1 per vendor display booth,whichever is greater. Funeral home crematories 1 per 75 square feet for room used for services and chapels and 1 per 300 square feet for all other uses. Furniture/carpet/major appliance store 1 per 600 square feet(this includes retail,office and storage areas). Golf course 4 per hole plus 1 per 200 square feet for office/lobby/pro shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas and 50 percent of normal requirements for exterior recreation uses including:swimming pools,golf driving ranges and tennis courts.Golf cart,golf bag and equipment storage rooms;maintenance buildings;and rooms for mechanical equipment shall be computed at 1 per 1,000 square feet. Golf driving range 1 per 2 driving tees and 1 per practice putting green plus normal requirements for any structures. Golf(miniature) 1.25 per hole plus normal requirements for any structures. Heliport,helipad,ultralight flight park 1 per 2 helicopter tiedown/storage/service areas plus 1 per 5 ultralight tiedown/storage/service areas plus 1 per employee at largest workshift. Hospital 11 per 5 patient beds. Hotel 11 per 10 guestrooms(this includes the required parking for the hotel office and all accessory recreational facilities that are open to hotel guests only).Accessory uses shall be computed as follows:50 percent of normal requirements for restaurants, I per 400 square feet for other retail uses, 1 per 100 square feet for meeting rooms,ballrooms and convention rooms and 1 per 100 square feet for lounges,bars and nightclubs. Industrial use/activity manufacturing/processing 1 per 500 square feet or 1 per employee of largest workshift, (not otherwise listed) whichever is greater.Office/retail areas shall be computed at 1 per 275 square feet. Interior decorator/design center 1 per 300 square feet of building area. Junkyard,salvage yard 1 per 500 square feet of roofed area plus 1 per 15,000 square feet of outside storage area. Kennel/veterinarian 1 per 200 square feet except for animal holding areas. 1 per 10 animal holding areas. Landfill 2 per employee of largest[work]shift. Library,community recreational facility 1 for each 200 square feet or 1 for each 3 seats,whichever is greater. Lounge,bar,bottleclub,nightclub,pool hall 1 per 50 square feet plus 1 per 75 square feet for any outdoor (drinking establishment) eating/drinking areas. Marina,boatel 1 per 2 wet boat slips excluding those used for charter boats plus 1 per 5 dry boat storage spaces.Wet slips used for charter boats(including those for fishing,shelling,diving, and sightseeing purposes)are computed at 1 per 3 boat /'N passengers based on the maximum number of passengers and charter boats used for dining are computed at 1 per 2 boat passengers based on the maximum number of passengers. Each parking space provided to meet the marina's boat slip or dry storage parking requirements may also be credited towards meeting 100 square feet of the parking requirements for the marina or any permitted marina-related activities excluding restaurants,lounges/bars and private clubs.Uses not receiving credit from parking provided for boat slips or dry storage spaces shall provide parking at the normal rate for those uses as required within this Code. Medical/dental office or clinic(outpatient care 1 per 200 square feet. facility) Model home sales office/center 4 for the first unit and 1.5 for each additional unit. Motel 12 per 10 guestrooms(this includes the required parking for the motel office and all accessory recreational facilities designed primarily for motel guests).Where accessory uses are designed primarily for motel guests,they shall be computed as follows:67 percent of normal requirements for restaurants, 1 per 350 square feet for other retail uses, 1 per 100 square feet for meeting rooms,ballrooms and convention rooms and 1 per 75 square feet for lounges,bars and _nightclubs. Nursery,plant(retail) 1 per 250 square feet of roofed and enclosed building area plus 1 per 2,000 square feet of outside display area open to the public. Nursery,plant(wholesale) 1 per employee of largest workshift plus 1 per 10,000 square feet of display area and 1 per acre of growing areas. Office 1 per 300 square feet. /,,,� Office(contractor's) 1 per 300 square feet per[of]office area and 1 per 1,000 square feet per[of]roofed storage area plus I per each company vehicle that will be parked overnight. • Post office 1 per 100 square feet. Private organizational club,lodge or fraternal 1 per 100square feet or 1 organization per 3 seats that will be set up at any rgan time,whichever is greater.This shall be computed on all areas used for offices,meeting rooms,restaurants,dining rooms and indoor recreation.Other uses such as marinas, retail areas and outdoor recreation areas require additional parking at normal requirements. Printing establishment 1 per 200 square feet of building area.Retail sales areas shall be calculated at 1 per 250 square feet and office area shall be calculated 1 per 300 square feet. Public buildings(fire,emergency medical service 1 per 200 square feet for administrative office area and 2 per or sheriff station and jail) employee of the largest shift for all other areas plus 1 per 5 prisoners based on the maximum holding capacity for any jails. Recreation facilities(indoor)sports,exercise, 1 per 100 square feet. fitness,aerobics,or health club/skating rink/game room/bingo parlor Recreation facilities(outdoor)tennis,racquetball or 3 per court plus other uses as required. handball courts Research laboratory 1 per 300 square feet of office area plus 1 per 500 square feet of other areas or 1 per employee of largest workshift, whichever is greater,plus 3 for visitors. Residential uses: Boarding/rooming 1 per rented room plus 2 for owners/employees. house,bed and breakfast residence Convalescent home, 2 per 5 beds. nursing home,home for the aged, rehabilitation facility Duplex 2 per dwelling unit. Single-family house, 2 per unit. town/row house, mobile home, guesthouse, caretaker's residence Dormitory/fraternity/s 1 per 2 beds,plus 1 per manager,plus 1 per employee. orority Multifamily All units shall have 1 per unit plus visitor parking computed dwellings at 0.5 per efficiency unit,0.75 per 1-bedroom unit,and 1 per 2-bedroom or larger unit.Office/administrative buildings shall have parking provided at 50 percent of normal requirements. Where small-scale recreation facilities are accessory to a single-family or multifamily project and intended only for the residents of that project,exclusive of golf courses/clubhouses, the recreation facilities may be computed at 50 percent of normal requirements where the majority of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of normal requirements where the majority of the dwelling units are within 300 feet of the recreation facilities. However,any recreation facility shall have a minimum of 2 spaces exclusive of parking spaces for dwelling units. Nursing home Family care facility,group care facility(category I and category H),and care unit,see section 2.6.26 of this Code. Restaurant(walk-up or drive-through with walk-up 1 per 80 square feet for public use areas including outdoor window and/or outdoor seating) eating areas or 1 per 2 seats,whichever is greater,and for non public use areas(kitchen,storage,freezer,etc.) 1 per 200 square feet.A stacking area of 9 vehicles for the first drive- through lane and 6 for any additional drive-through lanes. , Restaurant(drive-through with no walk-up window I per 100 square feet.A stacking area of 10 vehicles for the or outdoor seating) first drive-through lane and 7 for any additional drive-through lanes. Restaurant(fast food) I per 70 square feet for public use areas including outdoor eating areas or 1 per 2 seats,whichever is greater,and for non public use areas(kitchen,storage,freezer,etc.) 1 per 200 square feet.A stacking area of 9 vehicles for the first drive- through lane and 4 for any additional drive-through lanes. Restaurant(sit-down) 1 per 60 square feet for public use areas including outdoor eating areas or 1 per 2 seats,whichever is greater,and for non public use areas(kitchen,storage freezer,etc.)1 per 200 square feet.Credit for boat slip parking is allowed where the slips have all necessary permits and are located on navigable waterways,using the formula 1 boat slip=1 vehicle space, provided that each and all boat slips credited shall not be leased or rented for boat storage or utilized for any purpose other than customers frequenting said restaurant.Credit for boat slip parking shall be limited to a maximum of 10 percent of a restaurant's required parking not to exceed a total credit of 10 parking spaces,with the amount credited determined by the development services director based on the likelihood of restaurant customers using these wet slips during peak business hours of the restaurant. Retail shop or store(not otherwise listed)and 1 per 250 square feet of indoor/outdoor retail and office areas department stores plus 1 per 500 square feet for indoor/outdoor storage areas that have no access for the general public and partly enclosed or open air garden centers. Schools: Business school/vo- 2 per 5 students plus 4 per 5 faculty/staff members. /—\ tech College/university 2 per 5 commuter students plus 1 per 2 resident students plus 4 per 5 faculty/staff members. Elementary/junior 5 per 4 staff/faculty members. high school Senior high school 1 per faculty/staff member plus 1 per 5 students. Shopping center 1 space per 250 square feet for centers with a gross floor area less than 400,000 square feet and not having significant cinemas/theaters(none or those with a total cinema/theater seating capacity of less than 5 seats per 1,000 square feet of the shopping center's gross floor area). 1 space per 200 square feet for all other centers. No more than 20 percent of a shopping center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. Regional shopping center parking requirements shall be based upon gross leasable floor area which shall include any common area that is leased or used for retail activities. Rear parking requirements:When more than 10 percent of a shopping center's total parking requirement is placed in the rear of the shopping center,the center shall have convenient and well-lighted front and rear accesses for patrons and employees and the rear buildings shall be architecturally finished adjacent to rear accesses. Sports arena,stadium(outdoor),racetrack,theater, 1 for each 3 seats/patrons allowed to stand or 1 space per 40 cinema,auditorium,or public assembly area not square feet of spectator seating/standing areas,whichever is otherwise listed greater plus 1 for each employee/non-spectator who will be present during performances excluding those arriving by buses.Bus parking is required is required when employees, n non-spectators or spectators will be arriving by bus. Stables,commercial riding stable,boarding stable, 1 per every 2 stalls. livery stable and dude ranch • Storage facility(self-service) 1 per 20,000 square feet of storage buildings plus 1 per 50 vehicle/boat storage spaces plus 1 per 300 square feet of office areas.Minimum of 4. Supermarket/grocery/farm stand 1 per 250 square feet.Supermarkets shall also meet the green space requirements and rear parking requirements as shown pursuant to shopping centers as set forth in this section. Swimming pool/hot tubs/spas(outdoor) 1 per 75 square feet of water areas for the first 1,000 square feet and I for each additional 125 square feet of water areas. A single-family house is exempt from this requirement. Taxi stand/office 1 space for each employee on the largest working shift,plus 1 space per taxi. Television/radio studio 1 per employee of largest shift or 1 per 400 square feet, whichever is greater,plus 3 for visitors. Temporary parking for sports events,religious In the case of a church,community or other sporting event events or community events which operates on an intermittent or seasonal basis,the required off-street parking may be provided on a temporary basis and need not be permanently designated,paved, drained,or landscaped,provided the use has been approved and[a permit]issued by the development services director in accordance with applicable standards for the use. Travel trailer/recreational vehicle park campsite 1 per campsite lot or other TTRVC lot. Warehouse,wholesale establishment 1 per 1,000 square feet except for sales/office areas which are 1 per 275 square feet. Vested projects:All types of site development plans that have been formally submitted or approved by January 29, 1991,will be exempt,at the election of the applicant,from the new parking requirements of section 2.3.16 as long as commencement of construction occurs on the project by January 29, 1992. Furthermore,amendments to these exempted site development plans will also be exempted,at the election of the applicant,but only where the amendments are considered an insubstantial change per section 3.3.7. For this subsection,"commencement of construction"means the physical act of constructing or installing on or in the property substantial infrastructure as approved in the final approval of the site development plan.Where this paragraph conflicts with any portion of section 1.5.2,this paragraph shall prevail over section 1.5.2. 23.16.1. Bicycle parking for commercial developments. 1. Provisions for the safe and secure parking of bicycles shall be furnished at a ratio of five percent of requirements for motor vehicles as set forth in section 2.2.16.but not to exceed a maximum of 15 total bicycle parking spaces.A minimum of two bicycle parking spaces shall be provided. 2. A bicycle parking facility suited to a single bicycle("parking space")shall be of a stand-alone inverted-U design measuring a minimum of 36 inches high and 18 inches wide[of 1 1/2 inch Schedule 40 pipe,ASTM F 1083]bent in one piece ("bike rack")mounted securely to the ground[by a 3/8-inch thick steel base plate,ASTM A 36]so as to secure the bicycle frame and both wheels. 3. Each parking space shall have a minimum of three feet of clearance on all sides of the bike rack. 4. Bicycle spaces shall be surfaced with the same or similar materials approved for the motor vehicle parking lot,lighted and located no greater than 100 feet from the main building entrance. 5. Extraordinary bicycle parking designs which depart from the bike rack standard but are consistent with the development's design theme shall be considered by the county architect.Bike racks which function without securing the bicycle (0 frame,require the use of a bicycle kick stand,or which may be freely reoriented are not allowable. (Ord.No.92-73,§ 2;Ord.No.94-27, §3,5-18-94;Ord.No.95-58,§3;Ord.No.96-21,§3;Ord.No. 99- 6, §3.B.;Ord.No.99-46,§ 3.B.;Ord.No.00-8,§3.C.) Sec.2.3.17.Off-street loading:specifications. Off-street loading facilities are required by this Code so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and automotive vehicles and so that adequate space will be available for the unloading and loading off the street of goods,materials,or things for delivery or shipping.Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use.Off-street parking facilities may not be used for or counted as meeting off-street loading requirements. 2.3.17.1. When the use of a structure or land or any part thereof is changed to a use requiring off- street loading facilities,the full amount of off-street loading space required shall be supplied and maintained.When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space,the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size. 2.3.17.2. Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space or off-street parking space.Such loading space shall be accessible from the interior of the building it serves and shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. (Ord.No.92-73, §2;Ord.No.95-58, §3) Sec.2.3.18.Off-street loading:plans required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities.The plan shall accurately designate the required off-street loading spaces,access thereto,dimensions and clearance. (Ord.No.95-58, §3) Sec.2.3.19.Off-street loading:reservation. Areas reserved for required off-street loading in accordance with the requirements of this Code shall not be reduced to[in]area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified or equivalent required off-street loading is provided in accordance with the requirements of this Code. (Ord.No.95-58, § 3) Sec.2.3.20.Off-street loading:combined off-street loading. Collective,joint,or combined provisions for off-street loading facilities for two or more buildings or uses may be made,provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed,located,and arranged to be usable thereby. (Ord.No.95-58, § 3) rti . f . • Sec.2.3.21.Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows: 23.21.1. Each retail store,warehouse,wholesale establishment,industrial activity,terminal, market,restaurant,funeral home,laundry,dry cleaning establishment,or similar use which has an aggregate floor area of: Square Feet Number of Spaces 5,000 but not over 10,000 1 10,000 but not over 20,000 2 20,000 but not over 50,000 3 Plus one additional off-street loading space for each additional 25,000 square feet over 50,000 square feet or major fraction thereof. 23.21.2. For each multiple-family dwelling facility having at least 20 dwelling units but not over 50 dwelling units:one space.For each multiple-family dwelling facility having over 50 dwelling units: one space,plus one space for each additional 50 dwelling units,or major fraction thereof. 23.21.3. For each auditorium,convention hall,exhibition hall,museum,hotel or motel,office building,sports arena or stadium,two or more buildings or uses may be permitted to combine their off-street loading facilities,provided that such off-street loading facilities meet the requirements of this Code,are equal in size and capacity to the combined requirements of the several buildings or uses,and are designed,located,and arranged to be usable thereby;hospitals,sanitariums,welfare institutions,or similar uses which have an aggregate gross floor area of:over 5,000 square feet,but not over 20,000 square feet: one space;plus for each additional 25,000 square feet(over 20,000 square feet)or major fraction thereof:one space. 23.21.4. For facilities in section 2.3.21 not of sufficient size to meet the minimum requirements set forth therein,each such facility shall provide off-street loading on the property,in accordance with section 2.3.21,to insure that no deliveries or shipments of goods or products will require the use,however temporary,of any public right-of-way or required off-street parking space for the parking of a delivery vehicle. 23.21.5. For any use not specifically mentioned,the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply. 2.3.4921.6 Minimum loading space size. Each loading space shall be a minimum of ten feet by 20 feet in size. (Ord.No.92-73, §2;Ord.No.94-58, §3;Ord.No.95-58, § 3;Ord.No.96-21, §3;Ord.No.96-35, §2) Sec.23.22.Off-street parking spaces required for disabled persons. 23.22.2.1. Any business,firm,corporation,person,or other entity,which operates or maintains a building which is used by the public or to which the public has access shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of physically disabled persons,in accordance with the Americans with Disabilities Act (ADA)of 1990.Theses guidelines are to be applied during the design,construction and alteration of buildings and facilities covered by Titles II and III of the ADA to the extent required by regulations issued by federal agencies,including the Department of Justice and the Department of Transportation under the ADA. 23.22.2. A parking lot servicing any building or entrance pathway to a building shall have a number of level parking spaces,as set forth in the following table,identified by abovegrade signs,as being reserved for physically disabled persons: Total Spaces in Lot Required Number of Reserved Spaces Upto25 1 26 to 50 2 51to75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2%of total 1001 and over 20 plus 1 for each 100 over 1,000 23.22.3. Parking spaces provided for the exclusive use of physically disabled persons serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building,parking shall be located on the shortest accessible pedestrian entrance of the parking facility.In buildings with multiple accessible entrances with adjacent parking,parking spaces shall be dispersed and located closest to the accessible entrances. 2.3.22.3.1. All spaces shall have accessibility to a curb ramp or curb cut,when necessary to allow access to the building served,and shall be located so that users will not be compelled to wheel behind parked vehicles. 2.3.22.3.2. Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide by 18 feet long and provide a 5 foot wide by 18 foot long passenger loading zone adjacent and parallel to the parking space. 23.22.33. Each such parking space shall be conspicuously outlined in blue paint,and shall be posted and maintained with a permanent,above-grade sign,bearing the internationally accepted wheelchair symbol of accessibility or the caption'PARKING BY DISABLED PERMIT ONLY,"or bearing both such symbol and caption.All handicapped parking spaces must be signed and marked in accordance with the standards adopted by the Department of Transportation. (Ord.No.92-73, § 2;Ord.No.95-58, §3) Sec.2.3.23.Reserved. Editors Note: Ord.No.98-63, §3.A,adopted June 24, 1998,repealed§2.3.23,which pertained to standards for parking within the Immokalee Central Business District See the Land Development Code Comparative Table. Sec.2.3.24.Reserved. Editors Note:Ord.No.99-46, §3.B,adopted June 16, 1999,repealed§2.3.24 in its entirety. Formerly,said section pertained to standards for parking within the Marco Lake Drive Business District (MLDBD). See the Land Development Code Comparative Table. /"**N ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:124.34.13. LDC SECTION: 2.3.5. LDC SUPPLEMENT: Supplement 15 CHANGE: Renumbering the section based on a scrivener's error. REASON: See above. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.3.5.1. 2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utilityvehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. los . r ! ! y 2.3.5.2. 2.3.5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. 1. Vehicles shall be parked or stored on the front or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 40 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 40 percent of the larger or largest front yard as the case may be. 3. If the application of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 4. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.3.5.3. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be parked or stored on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 50 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 50 percent of the larger or largest front yard as the case may be. 3. A driveway may be provided on each side of the two family or larger dwelling unit. 4. If the application of these regulations results in the maximum allowable width of the treated surface area being less than 20 feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet.. 5. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.3.5.4. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements.shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be located on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. Parking areas provided in excess of the minimum parking space requirements of this code shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. 3. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, unless the access is through an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between improved properties. 2.3.5.5. 2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.3.5.6. 2.3.5.7. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a firm, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.3.5.7. 2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.8. 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. ORIGIN: Community Development and Environmental Services Division AUTHOR: Michael J. DeRuntz DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: 2003 Cycle 3 LDC PAGE: LDC2:134 LDC SECTION: 2.3.21.4 LDC SUPPLEMENT#: Supplement 4 CHANGE: Restructuring the existing language for clarification REASON: The modification will add clarity to the existing off-street loading requirements FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None P•-• GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.3.21.4. For facilities in section 2.3.21 not of sufficient size to meet the minimum requirements set forth therein in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle,in accordance with section 2.3.21,to ire ensure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the Yakin of., deliver. h' 1 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:157 LDC SECTION: 2.4.7.2. LDC SUPPLEMENT#: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: There is currently an amendment in the 2"d Cycle which, if approved, will shorten the time period regarding discontinuance to 60 days. Therefore, this will need to be revised to reflect that new time period if applicable. Amend the LDC as follows: 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 90 consecutive days or more and a request for an occupational license to resume business is made. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided 65--)q for in table 2.4. Wherero p perry adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an easement for buffering and landscaping. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 2.4.3.5. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. l ( Q M , ORIGIN: Community Development&Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: LDC Cycle 3, 2003 LDC PAGE(S): LDC2:162 LDC SECTION: 2.4.7.5. LDC SUPPLEMENT#: Supplement 11 CHANGE: Incorporate the"Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County,Florida"into the Land Development Code. Adoption of this document will replace some of the sections of the Collier County Streetscape Master Plan; reference to this document will be updated as well. REASON: The"Construction Standards Handbook for Work Within the Public Rights- of-Way Collier County, Florida"has been created and it supercedes portions of the Collier County Streetscape Master Plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: The language contained in the amendment proposal below that is not underlined is currently being presented in the 2nd Cycle of Amendments. So, if that language is not approved, then this will have to be changed to revert back to the language in Supplement 11. Amend the LDC as follows: 2.4.7.5. "Collier County Streetscape Master Plan", "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County, Florida"and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan,"the"Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements of the"Collier County Streetscape Master Plan" and - _ - . _ _. .. . 9 _ ... -. - . .. : ..."these documents. Notwithstanding the above, for required landscape buffers adjacent to any right- of-way,the requirements of Section 2 and Figure E.1 of the "Collier County Streetscape Master Plan",the"Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the"Golden Gate Community Roadways Beautification Master Plan"shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and/or a final site development plan.Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further,the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. ORIGIN: Community Development&Environmental Services Division AUTHOR: John Kelly DEPARTMENT: Planning Services LDC PAGE: LDC2:169 LDC SECTION: 2.5.5.2.3. Real estate signs (Commercial) LDC SUPPLEMENT#: Supplement 13 CHANGE: No regulatory change-realign and adjust text. REASON: To make this subsection more understandable and clarify intent. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.3. Real estate signs:As defined IL= _ _ _ ....• _. ... _ , _ .• shall be permitted in non-residential districts subject to the following: 1. One _ _ .. . .• .. . - .. _ _ _ _ -_ _ "For Sale," "For Rent," or similar 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 : . .. . .• ', . .. •- .. _ - = -- . . "For Sale," "For Rent," or similar 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 _ _ .. . •_ ._ , , - : __ _ "For Sale," "For Rent," or similar 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: • r r ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:170 LDC SECTION: 2.5.5.2.5.1.1. LDC SUPPLEMENT#: Supplement 13 CHANGE: Establishing a variance procedure for lots with less than 150 feet of road frontage. REASON: There are many businesses that currently exist and are not allowed signs when it is appropriate for them to have one. FISCAL & OPERATIONAL IMPACTS: There does not appear to be a fiscal impact of the proposal. RELATED CODES OR REGULATIONS: 2.5 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.5.1. 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. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more ' independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory 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. 2.5.5.2.5.1.1. Variance. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 100 - 149.9 feet on a public street, or combined public street frontage of 150 feet or more for corner lots, may apply for a variance to request a ground sign. All usual variance application fees will apply. If the Board of County Commissioners approves a variance, a ground sign may be erected upon issuance of a valid permit after the following requirements are complied with: a) the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public or private R.Q.W. or easement to the uppermost portion of the sign structure; b) the maximum allowable sign area is 32 square feet; c) such sign shall not be located closer than 15 feet from any property line; d) the sign shall provide a solid pole cover no less than 50 percent of the width of the sign, with architectural design features and colors common to those used for the main structure, lattice not being a sufficient pole cover; e) a minimum 100 square foot planting area shall be provided around the base of the sign; f) all other uniform criteria for pole or ground signs shall be met; g) the street address for the building shall be displayed in numerals at least 6 inches high on the sign; and h) no other free-standing or directional signs will be allowed on the same site. 2.5.5.2.5.1.1. 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director 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 planning services director's decision to reduce the required setback shall be based on the following: a) 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; , b) 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; c) 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, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. t G ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services LDC PAGE: LDC2:217 LDC SECTION: 2.6.33. LDC SUPPLEMENT#: Supplement 13 CHANGE: Addition of 2.6.33.10 REASON: Staff feels that the a provision should be adopted to address signs intended to inform the public as to new businesses in the area. The consensus view is that the public interest in being made aware of new businesses in the area overrides any minimal impacts on aesthetics. FISCAL & OPERATIONAL IMPACTS: The fees collected for the temporary use permit will most likely be offset by the revenue used to police these signs. Therefore, the impact should be minimal or non-existent. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: ? OTHER NOTES: None. Amend the LDC as follows: 2.6.33.10. "Coming soon signs. " A temporary use permit may be granted, at the discretion of the planning services director, 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 si must not be k gn slaved for a period of more than six months from the issuance"of a buildinng.,perrunt-°.or...until uthe`issuance:of-a mermanent_sign, whichever,occurs'f rst 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 entryof a new business within a six-month time period. However,'this sign.may.not be located within at Y pubho:right of-way r easement . t ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC 2:228.1 LDC SECTION: Division 2.6 Supplemental District Regulations LDC SUPPLEMENT#: Supplement 14 CHANGE: Revise language to clarify criterion for permitting a secondary kitchen REASON: The current language needs to be revised to further clarify the criteria used to permit a secondary kitchen. Additionally, we are amending Division 6, Definitions to create a definition for Kitchen, Secondary to further support application of this section of the code. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Recommending amendment to Division 6, Definitions to add definition for Kitchen, Secondary GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a second kitchen primary--kitchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) n r 1 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC2:248.3-248.5 LDC SECTION: 2.7.3.5. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding a subsection to address addition of educational or ancillary plants without subjecting the entire PUD to review. REASON: The County has identified the need to allow schools various deviations and is proposing the following amendment to effectuate that purpose. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.3.5. Changes and amendments. 2.7.3.5.1. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: 1. There is a proposed change in the boundary of the PUD; or 2. There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or e 3. There is a proposed decrease-in preservation, conservation, recreation or open space areas within the development not to exceed five percent of the total acreage previously designated as such, or five acres in area; or 4. There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; or 5. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; or 6. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or 7. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or 8. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or 9. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; or 10. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or 11. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under section[s] 2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic] 2.7.3.5.2. Procedure for substantial/insubstantial change determination. 1. The applicant shall provide the planning services department director documentation which adequately describes the proposed changes along with the appropriate review fee prior to review by the planning commission. The PUD master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space,preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. 2.7.3.5.3. Substantial changes procedures. Changes, as identified in section 2.7.3.5.1, shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and 2.7.3.2. 2.7.3.5.4. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. 2.7.3.5.5. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. 2.7.3.5.6. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: 1. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. 2. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. lam ( . . + • t 3. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. 4. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the planning services department director's consideration for approval. 2.7.3.5.7. Educational and Ancillary Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary ulant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. a . . ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:251 LDC SECTION: 2.7.4.9. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat . _ .. ._ _ . ... _ _ ., or final subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E.,John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:6 LDC SECTION: 3.2.3. Applicability LDC SUPPLEMENT#: Original text CHANGE: Add language to clarify platting requirements. REASON: Clarity; it is not stated specifically within the Code that platting is required when subdividing property. FISCAL& OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177,Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. All divisions of land which meet the definition of"subdivision" shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. n 1 i ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3,2003 LDC PAGE: LDC3:13 LDC SECTION: 3.2.6.2. LDC SUPPLEMENT#: Supplement 10 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. 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 submitted or 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 subdivisionplat. 3.2.6.2.1. 3.2.6.2.2. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. 3.2.6.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions, or denial by development services director. After receipt of a completed. preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 3.2.6.2.3. 3.2.6.2.4. Reserved. r ti . ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: .LDC3:18 LDC SECTION: 3.2.6.3.5. LDC SUPPLEMENT#: Supplement 13 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL &OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3,2003 LDC PAGE: LDC 3:25-3:30.1 LDC SECTION: 3.2.7. LDC SUPPLEMENT#: Supplement 11 CHANGE: Revising the section to make it clear that the PSP process is now optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: n RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the / t preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: 3.2.7.1.1. A preliminary subdivision plat shall consist of a series of mapped information sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: 1. Cover map sheet; 2. Boundary and topographic survey; 3. Preliminary subdivision plat with right-of-way and lot configurations; 4. Natural features and vegetative cover map; for proposed site alteration(s) within the coastal zone, vegetative cover map shall also comply with section 3.12.5; 5. Master utilities and water management(drainage)plans; 6. Aerial map; 7. Standard right-of-way cross sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the development services director. 3.2.7.1.2. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. 3.2.7.1.3. A vicinity plan showing the location of the tract in reference to other areas of the county. 3.2.7.1.4. North arrow, graphic scale and date. 3.2.7.1.5. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. 3.2.7.1.6. The location and names of adjacent subdivisions, if any, and plat book and page reference. 3.2.7.1.7. The tract boundary with bearings and distances along with written description and location relative to section corners. 3.2.7.1.8. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, wetlands, possible archaeological sites and other significant features. 3.2.7.1.9. All existing streets and alleys of record on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. • 3.2.7.1.10. All existing property lines, easements and rights-of-way of record, their purpose, and their effect on the property to be subdivided. 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. ,.� 3.2.7.1.12. The incorporation and compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when such present or future streets are affected by the proposed subdivision. 3.2.7.1.13. Access points to collector and arterial streets showing their compliance to the requirements established by this division or a zoning action previously approved by the board of county commissioners. 3.2.7.1.14. Ground elevations based on the NGVD. However, information pursuant to section 3.2.7.1.8 may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. 3.2.7.1.15. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. 3.2.7.1.16. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. 3.2.7.1.17. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. n 3.2.7.1.18. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. The preliminary subdivision plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. 3.2.7.1.19. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. 3.2.7.1.20. Typical lot configurations shall.be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical dwelling unit meeting required setbacks for a typical lot. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit(e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot areas and lot dimensions may be shown on a legend as opposed to notation on each lot. 3.2.7.1.21. An environmental impact statement pursuant to division 8.3 [3.8] of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary subdivision plat. 3.2.7.1.22. Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: 3.2.7.1.22.1. A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands 3.2.7.1.22.2. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. 3.2.7.1.22.3. A map of all locations of other natural features as required by [the] development services director or any other regulatory agency having jurisdiction over such features. 3.2.7.1.22.4. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. 3.2.7.1.23. The location of buffered areas required by subsection 3.2.8.3.4 shall be illustrated and dimensioned if appropriate at this time. 3.2.7.1.24. A subdivision that generates 1,000 ADT (average daily trips) or 150 vehicles per hour, peak hour/peak season shall submit a traffic impact analysis. The traffic impact analysis shall be prepared by an engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. 3.2.7.1.25. A master water management plan outlining the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management and development of the subdivision. The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.A.C., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the preliminary subdivision plat. CD( a ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:32 LDC SECTION: 3.2.8.2.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL& OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must sill be included on the final subdivision plat. The complete calculations used to design the system shall be provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. • ORIGIN: Community Development and Environmental Services Division n AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:33 LDC SECTION: 3.2.8.2.14. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat,and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. P".• ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:34.3 LDC SECTION: 3.2.8.3.8. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat. t % ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:39 LDC SECTION: 3.2.8.3.19. LDC SUPPLEMENT#: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: v-� RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the Transpctah -Ac� iit ratbr-or iiis.designee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public streets. The directorransportat on A rnnustrator.zor bus designee shall accept alternative specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage ^ . where a property owners' association or other entity has maintenance responsibility shall be approved by th Transportation t nitrate nrs=irestFg%ee Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street name regardless of the use of the suffix. All street names shall be subject to approval by the CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision 214. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the Transportation Adm ' }rator a�risiestgee C6D, it ORIGIN: Wastewater Department-Reuse AUTHOR: Robert Casey DEPARTMENT: Wastewater LDC PAGE: LDC3:42 LDC SECTION: 3.2.8.3.25. LDC SUPPLEMENT#: Supplement 11 CHANGE: Re-word the section and add language. REASON: The original language needs clarification and pipe color-coding needs to be addressed. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Allows for County provided non-potable irrigation service. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.25. Central Wwater system. A complete water distribution and transmission system to include provision for separate potable water and reuse non-potable irrigation water lines, and interim water treatment and supply facilities, if required, shall must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments Non potable irrigation lines must be color-coded using Pantone Purple 522Cpipe., Howe,er,the�p �g2" � fidenneter.!to the distniutan/ 6tian system s.not required :to be color-Bodea.° Reuse water line, pumps, and other All internal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of supplemental irrigation water are not permitted or available_ Therefore, the developer will need to provide irrigation water from a source until such time : _. _ . _ .: . . . _ County provided non- potable irrigation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88-76 [Code ch. 134, art. III], as amended. • 4.• ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:44.2-45 LDC SECTION: 3.2.8.4.7. LDC SUPPLEMENT#: Supplement 13 and 14 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.4.7. Easements. 1. Utility easements. Utility easements no less than ten feet wide, unless otherwise approved by the development services director pursuant to section 3.2.7.2, shall be provided to accommodate all required utilities to, across, or along lots and, where possible, shall be centered on lot lines with convenient access for maintenance. Utility easements and drainage easements shall not be combined without prior approval of the development services director; drainage easements shall take precedence and be so noted on the final subdivision plat. All utility easements for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District shall be separately identified and dedicated on the final subdivision plat as "County Utility Easement" (C.U.E.) and shall be a minimum of 15 feet wide unless otherwise approved by the Collier County n. utility division. Except when crossing other easements, such easements shall not be inconsistent with other existing utility easements, or later subjected to uses inconsistent with the use of the easement area for utility purposes unless otherwise approved by the Collier County utility division pursuant to the conditions in section 3.2.7.2. 2. Drainage easements. Drainage easements shall be provided to accommodate open drainage facilities at a width no less than a total of ten feet. The actual size of the easement in excess of the ten-foot minimum shall be determined based on the hydraulic design of the flowway and the use of bank stabilization approved by the development services director or minimum side slopes at a four to one ratio,without stabilization. Where underground drainage structures are installed, the easement width shall be sized to accommodate construction, maintenance and replacement of said structures. In no case shall said easement be less than 15 feet in width, unless otherwise approved by the development services director pursuant to section 3.2.7.2. When a subdivision or development includes or requires access across canals, watercourses, water bodies, streams, drainageways, channels, naturally occurring wetlands (that are to be preserved), or the like, a drainage easement and adjoining maintenance/access easement shall be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the development services director pursuant to section 3.2.7.2. Maintenance and access easements for the subdivision's or development's approved water management system shall be created and sized in compliance with the rules and regulations of the South Florida Water Management District, as amended. For canals or waterways maintenance/access easement shall be provided in accordance with requirements of the entity with responsibility for maintenance/access. Drainage easements shall be created to provide for the flow of surface waters from contributory areas. 3. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the fmal subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final n subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary_ , pur©uant to ceotion 3.2.8„3.4. c o re`gula ons4a;�regar tng pr`e'"serve sethac Cs,an uf€ers�are; oGate m ivasron 3.9,'and'shall be htiphaable-for::tall preserves, regardless if they are Platted or :supply identified by• recorded coinservation easement The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. 4. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. rK •r ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:60 LDC SECTION: 3.2.9.1.2. LDC SUPPLEMENT#: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL& OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat., pursuant to section 3.2.6.3.25. The final subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the development services director prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. rr ,y ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC3:67 LDC SECTION: Division 3.3 LDC SUPPLEMENT#: Supplement 13 CHANGE: Adding the School Board Review Process ("SBR")to the site development review process of the LDC. REASON: The interlocal agreement between the Collier County School Board and the BCC mandates this change. FISCAL& OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS* Sec. 3.3.1. Title and citation. This division shall be known and may be cited as the "Collier County Site Development and Site Improvement Plan Code." (Ord. No. 99-6, § 3.H.) *Editor's note: Ord. No. 99-6, § 3.H, adopted Jan. 27, 1999, amended Division 3.3 in its entirety to read as herein set out. See the Land Development Code Comparative Table. Sec. 3.3.2. Purpose. The intent of this division is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This division is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. (Ord. No. 99-6, § 3.H.) Sec. 3.3.3. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 2.6.27(cluster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs,walls, gates and guardhouses. While the above land use activities shall be exempt from the provisions of division 3.3, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping,tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. (Ord. No. 99-6, § 3.H.; Ord. No. 00-92, § 3.H.) Sec. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. (Ord.No. 99-6, § 3.H.) 3.3.4.1. School Board Review ("SBR") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. III The expedited site plan for School Board Review, as referenced in Section 3.3.4.1.of the Land Development Code,will consist of the following areas of review: 3.3.4.1.1. Collier County Utilities Standards and Procedures, Ordinance No. 01- 57, as may be amended. In accordance with this Ordinance, the following requirements must be met: 1. The portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") must be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. 2. All water and wastewater systems must be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute them is applicable. 4. Off-site improvements must be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. 5. The School District will be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansion and/or renovations to existing school facilities will require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. 6. South Florida Water Management District (SFWMD) permits must be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility Review The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards of Division 2.8 of the code in effect at the time a SBR Letter of Compliance is requested. The review will address issues including, but not limited to, the following: compatibility with surrounding uses; complementary patterns of development and mitigation of negative impacts, limited to compatibility issues; external sidewalks and pathway connections; lighting; dumpster location and screening; and orientation of buildings and ancillary facilities. The Utility Billing l , and Customer Service ("UBCS") Department will determine whether there is sufficient space for dumpsters and whether trash collectors can maneuver in the space provided. The Compatibility Review is a courtesy review, with the exception of a formal review process required for high school facilities, as outlined in Section 3.4.4.2. 3.3.4.1.3. Landscaping and Bu J`ering. Division 2.4 applies to all educational facilities, unless a deviation is granted. The reasons for deviations are set forth in Section 2.4.3.1.1. of the code, but the deviation shall be in the format required by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested apply as follows: 1. County Staff will determine the need for an Environmental Impact Statement("EIS")to be submitted on a site-by-site basis. 2. The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. 3. Protected Species Surveys and, if needed, wildlife management plans according to the code and the GMP in effect at the time the SBR Letter of Compliance is issued are required. Also, agency permits are required from the United States Fish and Wildlife Service("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC"). 4. A site clearing plan must be submitted showing the native vegetation areas to be preserved and identifying the upland/wetlands preserve or protected species preserves. 5. The School Board must provide a percentage of native vegetation preservation as delineated in the GMP. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to the final SBR approval. All exotic vegetation must be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency determination of an SBR application. If required environmental documents are not submitted, a determination of insufficiency will be made and the formal review process will not q commence until the documents are received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site_plan and in effect at the time that a SBR Letter of Compliance is requested will apply. The School District must submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: 1. A Drainage Plan that is signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. 3. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when increased capacity is necessary to accommodate the proposed development. 4. All documentation for dedications of easements for drainage, maintenance, and/or access must be provided to the County prior to approval of the SBR. These easements must be approved by the BCC and recorded in the Public Records prior to issuance of the certificate of occupancy. 3.3.4.1.7. As an essential public service, public Educational Plants and Ancillary Plants are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. The School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to timing, and location, and the entity or entities ,^. responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the following must be taken into consideration: • 1. The School District will be responsible for off-site improvements necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The cost will be borne by the School District, unless the County agrees otherwise. However, the School District will not be required pay more than its share of the cost of off-site improvements not necessitated by the addition of Educational Plants or Ancillary Plants. In other words, if the County would have to construct these off-site improvements regardless of the addition of educational facilities, the County would still be accountable for the portion not attributed to the addition of the educational facilities. Off-site improvements include, but are not limited to, the widening of adjacent roadways and the infrastructure of the roadways to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress and egress points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a result of the school site; and any other improvements deemed necessary by the Collier County Transportation Services Division and the Public Utilities Division. 2. Turn Lanes. The School District will be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of turning lanes. Necessary turn lane improvements must be in place prior to issuance of the first permanent certificate of occupancy. When Collier County Transportation Staff determines that the turn lane improvements are necessary, right-of- way and/or compensating right-of-way will be provided in conjunction with the improvements. All turn lane designs must conform to the minimum standards set forth in the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations must be made according to the criteria in Chapter 17 of the Highway Capacity Manual, while giving adequate consideration to the length of school buses 3. Sidewalks. The School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish a direct connection to an existing network of sidewalks. The School Board must collect funds through school impact fees to provide for the sidewalks listed on the plan and remit them to the County. The County will be responsible for the timing, cost, construction, and maintenance of the sidewalks. 4. The School District will be responsible for the costs of any and all traffic signal(s) constructed due to the impacts resulting from the G � C - inclusion of an Educational Plant or Ancillary Plant, when it is warranted and approved by Collier County Transportation Staff. When applicable and after installation, inspection, burn-in period, and final approval/acceptance of the traffic signal(s), the signal(s) will be turned over to the County, which will maintain and operate the signal(s). Reimbursement or "fair share" payments from any adjoining property owner that may benefit from the signal(s) will be determined based upon percentage of use and impact. 5. All traffic control devices and design criteria and all transportation related improvements must conform to the minimum standards set forth in the FDOT Design Standards as required by Chapter 316, Florida Statutes, as may be amended. 6. All traffic speed limit postings must conform to the minimum standards set forth in the FDOT Speed Zoning Manual as required by Chapter 316,Florida Statutes, as may be amended. 7. Any off-site improvements constructed by the School District, even though not required by the County, will be subject to review by the Collier County Transportation staff prior to construction to assure compliance with all County regulations. 8. In the event that the School District proposes expansion of an existing site, Collier County Transportation Staff will make its recommendation as to improvements required to mitigate the off-site transportation impacts, but only as they related to the proposed expansion. • 3.3.4.2. School Board Review ("SBR") process. School Board projects will be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set for th in Section 3.3.4.1. B. The SBR application submittal must be in accordance with Division 3.3. of the code, but only as to those submittal requirements that are consistent with the review criteria set out in Section 3.3.4.1. C. The parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District must request a pre-application meeting with the County. The County will schedule a S � _ • pre-application meeting with the School District within three weeks of a request /••••••••• being submitted to the County. 1. The County will review the development proposal for compliance with the Letter of Consistency. 2. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the costs construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code. E. At least 120 days before commencing construction or site preparation, the School Board must submit the SBR plan for thej,roposed Educational Plant or Ancillary Plant to the County for SBR approval. 1. The County will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 2. Once the application package is sufficient, the County will have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construction. 3. If the County fails to issue a Letter of Compliance within 90 days after determining the package is sufficient for review, the application is deemed approved. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. F. Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of this section, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site_plan requirement as set forth in this section, the Planning Services Director must, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation diM on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in the Appeals process below. G The parties agree that the School District will not request reviews and that County review is not requested or required for the following: 1. The placement of temporary or portable classroom facilities: or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility: b. includes a stadium, c. results in a greater than five percent increase in K-12 student capacity: or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. I. SBR and Consistency Review Fees. The County will develop a review fee for the process of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. J. Appeals. In the event that the County denies the application based on non- compliance with relevant standards of this Agreement, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and adjustments under the established procedures for this Board. 1. The appeal must be filed in writing with the Planning Services "•-,, Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. 2. The BCC must hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC3:94 LDC SECTION: 3.5.5.1.3. LDC SUPPLEMENT#: Supplement 13 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: 1. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. 2. If approved by the board during the rezone :- : = -= - ;:. -•: - : presess, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the l ��j a t, development. Intentions to remove material must be clearly stated during the development's review and approval process. ORIGIN: Community Development and Environmental Services Division AUTHOR: Susan Mason, Environmental Specialist DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:138 LDC SECTION: 3.9.6.6.6. LDC SUPPLEMENT#: Supplement 11 CHANGE: Clarification of when exotic vegetation removal is required. REASON: The current language is open-ended and subject to abuse. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new principal or accessory structures and major any additions to the square footage of any principal or accessory structures, all prohibited exotic vegetation before a certificate of occupancy is granted. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. r. ORIGIN: Public initiated r� AUTHOR: Michael Fernandez DEPARTMENT: Planning Development Incorporated AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: LDC3:148 LDC SECTION: 3.11.3.4. LDC SUPPLEMENT#: Supplement 11 CHANGE: Adding an exemption to the tortoise preserve requirement for certain Activity Center parcels. REASON: To be able to get a "Take Permit" in lieu of moving tortoise burrows to another location. These tortoises cannot be moved due to certain diseases that they can transmit to other species, so the way to rectify this problem is to be issued a "Take Permit" and to have the County recognize the validity of the permit. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.11.3.4. Gopher Tortoise (Gopherus polyphemus) (1) All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. (2) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. Sir (3) Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. (4) When gopher tortoises are identified on site, a protection/management plan or off-site relocation plan shall be submitted to the planning services department of the community development and environmental services division, for review and approval. This shall apply to all new development and site improvements. It shall also apply to substantial amendments to existing development and site improvements, where gopher tortoise protection/management plans have not been previously approved by Collier County planning services staff. The protection/management plan shall include, but not be limited to the following items: 1) a current gopher tortoise survey, which shall be field- verified by planning services staff; 2) a proposal for either maintaining the population in place or relocating it; 3) a site plan identifying the boundaries of the gopher tortoise preserve; 4) the method of relocation if necessary; 5) the proposed supplemental plantings if needed; 6) a detail of the gopher tortoise preserve fencing; 7) an annual maintenance plan describing exotic removal and possible additional plantings in the future and 8) identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.5. of this Code. (5) Suitable habitat shall be defined as having the following characteristics: 1) the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises, 2) appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted), 3) generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground, and 4) typically, includes the presence of an existing gopher tortoise population. Off site relocation plans may be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a) Where suitable habitat does not exist on-site;ec b) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. (6) When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. (7) When identifying the native vegetation preservation requirement of section 3.9.5. of this Code for parcels containing gopher tortoises,priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site ' adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code ,.., or, if the project is not platted, shall provide such language on the approved site development plan. When a decision is made to allow off-site relocation of gopher tortoises, it shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. (8) Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (9) Exemptions. a) Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in subsection 3.11.3.4(4), when these lots are not a part of a previous development which has been required to comply with subsection 3.11.3.4(4). However, gopher tortoises shall be protected pursuant to paragraphs 1, 2 and 3 of this section. b) An on site gopher tortoise preserve shall not be required for existing Activity Center commercialj,arcels of less than ten acres which meet all of the following requirements: 1. are subject to a circumstance listed in 3.11.3.4.(5) above; C44: )( 2. have been denied a relocation permit by the Florida Fish and Wildlife Conservation Commission ("FFWCC") due to the concern of disease transmission; and 3. have been issued a FFWCC Take Permit for the parcel's tortoise population. A request for application of this exemption shall be made concurrently with the application for a final development order authorizing the development of the parcel and the conditions and terms of the FFWCC Take Permit shall be incorporated into the permit for the final development order. (Ord. No. 92-73, § 2; Ord.No. 00-43, § 3.J, 6-14-00; Ord.No. 00-92, § 3.M., 12-13-00) /'-N ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:149 LDC SECTION: 3.12.5.1.2. LDC SUPPLEMENT#: Original text CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in division 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the required preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of division 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of division 3.3. /-• ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 i LDC PAGE: LDC3:149 LDC SECTION: 3.12.5.2. LDC SUPPLEMENT#: Original text CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: /'•\ RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. s-� CD( C4 - , ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT#: Supplement 1, Supplement 15 CHANGE: Per the Growth Management Plan, prohibit construction seaward of the Coastal Construction Control Line, with minor exceptions. Staff also provided clarifying language to the exemption section(3.13.7.2) and to the dune restoration permit(3.13.8.2). REASON: Policy 10.4.7 of the Conservation and Coastal Management Element (CCME) requires the County to "Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic i- utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system..... said prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons." The BCC has directed staff to enforce this requirement, which serves to provide greater protection to the County's beaches and dune systems. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will decrease the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances to the committees. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation." OTHER NOTES: Division 3.13 is referenced in the proposed amendment for Sec 2.2.38. It r1 should be noted that this amendment will also apply to the Vanderbilt Beach Overlay District. S Amend the LDC as follows: Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency,public or private,to construct, reconstruct,or change existing structures,make any excavation, construct permanent structures, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Sec. 3.13.5. Variances. A coastal construction setback line(CCSL)Variance shall not be approved for construction of new structures seaward of the CCSL except where said prohibition would result in no reasonable economic utilization of the property in question,ec for safety reasons or as otherwisepermitted hereinafter. The following CCSL variances may be authorized by the Board of County Commissioners. 3.13.5.1 Minor accessory structures such as chickees constructed without flooring or walls and storage boxes. It shall be prohibited to use any construction material that can become dislodged during a storm event, such as but not limited to,brick pavers, stepping stones, and landscape stones. Minor accessory structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the beach. All areas seaward of the CCSL, outside the footprint of approved minor structures, shall be kept in their natural condition and/or landscaped, using native vegetation, exclusively. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline,unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. C)0 3.13.5.4. Activities that are listed under Section 3.13.8 that exceed the standards set forth in the n, CCSL permits, as long as the requested activity or construction does not create additional negative impacts to the beach or dune system. 3.13.5.5 In the case of the destruction of any structures seaward of the CCSL, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of their destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction, including Division 3.17. Said reconstruction may require a new CCSL variance. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Sec.3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. The removal of any plant defined as exotic vegetation by county code. 3.13.7.2.Any modification,maintenance, or repair, to any existing structure within limits of the existing foundation or footprint,which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code. The following do not qualify for this exemption: 1) additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure, 2)replacement of any pervious surface with a non pervious surface, or 3) modifications or additions to any dune walkover or deck area. 3.13.7.3.Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3)weigh less than 100 pounds, and 4)upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season(May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit(daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next days monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners,but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Construction of a dune walkover or other pervious beach access way when a Florida Department of Environmental Protection(FDEP)permit has been obtained and the following criteria have been met. 3.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Creation,restoration,re-vegetation or repair of the dune or other nail area seaward of the CCSL on an individual parcel of land,when a Florida Department of Environmental Protection(FDEP)permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis,provided at least two years professional experience are in the State of Florida. S • ORIGIN: Community Development&Environmental Services Division AUTHOR: Joyce Ernst, Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC6:66-67 LDC SECTION: Division 6.3 Definitions: yard, front LDC SUPPLEMENT#: Supplement 15 CHANGE: Consolidate information on setbacks(required yards) for E(Estates) zoning. REASON: Information regarding setbacks for corner lots in the Estates zoning district is currently located in this division under the definition of"yard, front" as well as in Section 2.2.3. The proposed change consolidates the information under the section dealing with the Estates zoning district, and cross-references that section under the definition. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 2.2.3. (Estates) district(E) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Yard,front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as otherwise provided for herein. Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982],which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts,the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s)shall-net may be reduced to bye 50 percent of the full front yard setback requirement for that district, exclusive of any road right-of-way or road right-of-way easement. For setbacks for E (estates)zoning, a r see Section 2.2.3.4.3. • - -. . . , , . _ _. _. _ .. _ . . , ,. / .7C) ORIGIN: Community Development and Environmental Services Division n AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDC 6: thru 6: LDC SECTION: Division 6.3 Definitions CHANGE: Revise language to definition of Guest House or Cottage and Kitchen, Primary and add language to define Cabana, Guest Quarters/Guest Suites and Kitchen, Secondary. REASON: The definitions for these terms need to be revised and/or added to the LDC Definitions Section to clarify and support application of the LDC. FISCAL& OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Recommending amendment to Division 2.6, Supplemental District, Secondary Kitchen regulations to further support application of this section of the code. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Cabana: An accessory structure providing shelter for recreational use with or without toilet facilitiesnot to be used for living quarters. Guest House or Cottage: An accessory dwelling snitstructure which seeking dies is attached to or detached from, a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwellings their temporary guests or domestic employees and which may contain kitchen facilities. . - ._. . _:, : . _ :. dwelling. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) f Guest Quarters/Guest Suites: An attached or detached room or suite,which could be used as a temporary sleeping accommodation,which is integrated as of the principal use of the property and may contain running water as long as it is not structurally configured or of a size that may accommodate a kitchen. Kitchen, Primary: A room in a principal dwelling which is used,designed and intended for the preparation and cooking of food,often where meals are also eaten. Kitchen, Secondary: A kitchen, accessory in function to the primary kitchen,located within and only accessible through the principal dwelling unit. ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: LDCD:7 LDC SECTION: Appendix D CHANGE: Update to the maps based on revised current and future noise exposure maps. REASON: The noise zones have been reduced due to the reduction of Stage 2 operations and other noise abatement measures implemented. See attached documents. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Airport Overlay, FAA GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 2.2.23) 'C- il \ 1 „ . ., CC I =i El l ' J t LGAIl 'I-- ' ''J---\—..-5''' —` ,,,, , ,- ,_..,.:,..,".. , 1 ./ `.'I 1 Golden Gale i'.Dia- ,ote Cone! L_,_- Gavot L�� J^ 1/I ;••-v-...i'�' I 60 I crtl,-,_ ft' /I oI 't L I p "I I c.i Ilio n Il 7i(�` ; .jj l /J ,""\lr-\7i '�' till, ( 4 65 sA2,-,-„, .,--,-, / • �-' ,<, 75, /i I--11 V� < 11 N// I� r;I RfoI:; 'wnL" bill 115:1:-IFTM,1 c / i ,O...\, \ g rnii: ----Ic a\ 0 ,,,, T------N, \ 1 / \s,\\ \ 1-11---7 Dcrica--,--T I \-, , 1 / . . Lta�3 c3 I R' 1 ir pi +�r , �l 11 ' � l. reg LP 'i • �-0 1,JC_ `��-_! Lla 11 i 1_531 , I tl , , GeeR r 1 li A41S BLVD', rfir;;-; —�'.' �---, 1"---1,-7) • `;,1�°i ;_ ��i Ii11 iiv 1 < /r }i 1u i 't7:----'----:q ii ��� I>, IL_______}r---r iic"_-\; -'�I;11 !Hui J 1,kk.: Win;�--r. �_ �r�,�;--1r I PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION SCALE: p 1500 3000 8000 Feet COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE 7/03 RLE: AIRPORT-NZ-2-2003.0WG ..'Ihiy. ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 LDC PAGE: 2:26.2 LDC SECTION: 2.2.5.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. r • Amend the LDC as follows: 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in division 2.7.4: 1. Churches and houses of worship. 2. Schools,public and private. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22 8. Cluster development, subject to section 2.6.27. a. Measurement of building height using FEMA flood elevation as the starting point. b. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: 2:29 LDC SECTION: 2.2.6.3. LDC SUPPLEMENT#: Supplement 14 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 41911 r s n Amend the LDC as follows: 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district(RMF-12), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools,public and private. 6. Group care facilities(category I and II); care units;nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Measurement of building height using FEMA flood elevation as the starting point. 8. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. r1 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE #OR DATE: Cycle 3, 2003 LDC PAGE: 2:31 LDC SECTION: 2.2.7.3. LDC SUPPLEMENT#: Supplement 14 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. t 4 Amend the LDC as follows: 2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district(RMF-16), subject to the standards and procedures established in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools,public and private. 6. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to . section 2.6.26. 7. Measurement of building height using FEMA flood elevation as the starting point. 8. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. /'` ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3,2003 LDC PAGE: 2:33 LDC SECTION: 2.2.8.3. LDC SUPPLEMENT#: Supplement 12 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. FISCAL& OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: .a 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Private clubs. 6. Yacht clubs. 7. Permitted uses not to exceed 125 feet in height. 8. Measurement of building height using FEMA flood elevation as the starting point. 9. Allow additional height to a building_to accommodate parking under the structure as per Section 2.6.3.2. • ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: 2:35 LDC SECTION: 2.2.9.3. LDC SUPPLEMENT#: Supplement 9 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. f ` " Amend the LDC as follows: 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in division 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 2. Child care centers and adult day care centers. 3. Churches and other houses of worship. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 2.6.27 6. Fraternal and social clubs. 7. Schools,public and private. 8. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. 10. Measurement of building height using FEMA flood elevation as the starting point. 11. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. � c ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: 2:59 LDC SECTION: 2.2.15.3. LDC SUPPLEMENT#: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. ' • • Amend the LDC as follows: 2.2.15.3. Conditional uses for C-4. The following uses are permitted as conditional uses in the general commercial district (C-4), subject to the standards and procedures established in division 2.7.4. 1. Agricultural services (groups 0741-0742, 0752,with outdoor kenneling). 2. Amusement and recreation services,outdoor(groups 7948, 7992, 7996, 7999). 3. Auctioneering services, auction rooms(7389, 5999). 4. Automotive dealers and gasoline service stations (groups 5521, 5551, 5561, 5599 outdoor display permitted). 5. Automotive rental and leasing, outdoor display permitted(groups 7513, 7519). 6. Bottle clubs. (All establishments engaged in the retail sale of alcoholic beverages for the on-premise consumption are subject to the locational requirements of section 2.6.10.), 7. Fishing, hunting and trapping(groups 0912--0919). 8. Fuel dealers(grP ou s 5983-5989). 9. Homeless shelters, as defined by this Code. 10. Hotels and motels (groups 7011, 7021, 7041 when located outside an activity center). 11. Justice,public order and safety(groups 9221, 9222, 9224, 9229). 12. Kiosks. 13. Local and suburban transit (groups 4111--4121, bus stop and van pool stop only). 14. Motion picture theaters (7833). 15. Communication towers above specified height, subject to section 2.6.35. ri 16. Permitted use with less than 700 square feet of gross floor area in the principal structure. J.. 17. Soup kitchens as defined by this Code. 18. Motor freight transportation and warehousing(4225 air conditioned and mini_ and self storage warehousing only).. 19. Any other general commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. 20. Measurement of building height using FEMA flood elevation as the starting point. 21. Allow additional height to a building to accommodate parking under the structure as per Section 2.6.3.2. - ,,—`• ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3, 2003 • LDC PAGE: 2:184.6 LDC SECTION: 2.6.3. LDC SUPPLEMENT#: Supplement 11 CHANGE: Requiring a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL& OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. A..0 Amend the LDC as follows: Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in division 2.2 do not apply to spires, belfries, cupolas, flagpoles, antennas, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy or for commercial purposes; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of airports. (See section 2.2.23.) 1. The permitted exceptions to the height limitations may be authorized only when the following conditions can be satisfied: a. Structural exceptions to height limitations may only be erected to the minimum height necessary to accomplish the purpose it is intended to serve, and no higher; and b. If the roof area of the structural elements permitted to exceed the height limitations equals 20 percent or more of the total roof area, they will be considered as integral parts of the whole structure, and therefore not eligible to exceed the height limitations. 2.6.3.2. Exclusions for off-street parking within a principal structure. In instances where off- street parking is provided within the principal structure, the directorCollier County Board of Zoning Appeals can allow additional height by _granting a Conditional Use Permit, to raise the maximum height requirements to the extent necessary to permit off-street parking within the principal structure, provided however: (1) the number of off-street parking spaces required by this Code for the use involved may not be reduced; (2)the waiver in height shall not be greater than that necessary to provide for the off-street parking within the principal structure, with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on adjacent properties; and (4) for each off-street parking space permitted within the principal structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this Code shall be provided. The additional height must be applied for and approved as per the county's conditional use permit process. A parking structure may be located on any floor of the structure; however, if it is not S / located in the FEMA flood zone, the parking structure will be used in the building height calculation as though it were a habitable floor. (Ord.No. 92-73, § 2) n .r ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR DATE: Cycle 3,2003 LDC PAGE: 2:248.6 LDC SECTION: 2.7.4.1. LDC SUPPLEMENT#: Supplement 15 CHANGE: Requiring a Conditional Use permit to allow a property located in the NEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. a i Amend the LDC as follows: Sec. 2.7.4. Conditional uses procedures. 2.7.4.1. General. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district or classification, but which, if controlled as to number, area; location, height measured from FEMA flood elevation` additional height for providing parkin] under the building, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare. Such uses may be permissible in zoning district as a conditional use if specific provision for such conditional use is made in this zoning code. All petitions for conditional uses shall be considered first by the planning commission in the manner herein set out. Decisions regarding conditional uses shall be quasijudicial in nature. 2.7.4.2. Written petition. A written petition for conditional use shall be submitted to the development services director indicating the basis in this zoning code under which the conditional use is sought and stating the grounds upon which it is requested, with particular reference to the types of findings which the board of zoning appeals must make under section 2.7.4.4. The petition should include material necessary to demonstrate that the grant of conditional use will be in harmony with the general intent and purpose of this zoning code,will be consistent with the growth management plan, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare. Such material shall include, but is not limited to, the following,where applicable: 1. Conceptual site development plans at an appropriate scale showing the proposed placement of structures on the property, provisions for ingress and egress, off- street parking and off-street loading areas, refuse and service areas, and required yards and other open spaces. Building elevations shown from grade and from FEMA flood elevation as well as the elevations of surrounding properties, along with anv other information necessary to allow the zoning board of appeals to ensure abutting,properties will not be adversely affected by granting additional height. The conceptual site development plan shall not be in lieu of, nor eliminate the need for, a site development plan under division 3.3, as applicable. 2. Plans showing proposed locations for utilities. 3. Plans for screening and buffering with reference as to type, dimensions, and character. 4. Proposed landscaping and provisions for trees protected by county regulations. 5. Proposed signs and lighting, including type, dimensions, and character. i - 6. Developments shall identify, protect, conserve, and appropriately use native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on a current aerial photograph of the property at a scale of at least one inch equals 400 feet. Habitat identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System and shall be depicted on the aerial photograph. Information obtained by ground- truthing surveys shall take precedence over photographic evidence. 7. Where this zoning code places additional requirements on specific conditional uses, the petitioner shall demonstrate that such requirements are met. Where the rezoning of land, as well as grant of conditional use, is requested simultaneously for the same parcel of land, both said petitions may be processed concurrently in accordance with the procedures set forth in sections 2.7.2 and 2.7.4. ORIGIN: Community Development and.Environmental Services AUTHOR: Robin Meyer, Current.Planning DEPARTMENT: Planning Services AMENDMENT CYCLE#OR D ,TE: -r, Cycle 3,2003 LDC PAGE: 6:10.2 ; LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT#: Supplement 11 CHANGE: Requiring 'a Conditional Use permit to allow a property located in the FEMA Flood zone to measure building height based on FEMA flood elevation rather than natural grade. Also requiring a conditional use permit to allow up to two floors of parking to be added to the height of a building if the parking were provided under the structure. This is currently an administrative permit that can be approved by the development services director and does not require public notice or input. REASON: Currently property owners can use the FEMA flood elevation as the starting point for measuring building height which provides them with anywhere from 11 to 14 feet of additional height when compared to measuring from natural grade. This additional height when coupled with the exemption for additional height for parking under a structure can add to over 30+ feet of additional height. This has created controversy because buildings are being built sometimes 30+ feet higher than the zoning allows and the public receives no notice or has the opportunity to comment until after the building is constructed. This will ensure structures are built to the height limits listed in the LDC and any variation to those limits are subject to a Conditional Use permit to ensure public disclosure and discussion. In total, staff is proposing to no longer allow the use of FEMA flood elevation as the starting point for height measurement unless a Conditional Use permit is granted; to no longer allow administrative approval of two additional floors of elevation; limiting the architectural and mechanical appurtenances to 20 percent of the floor area; along with some other minor changes. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. r-� Amend the LDC as follows: DIVISION 6.3 DEFINITIONS Building, 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. 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 2.6.3, Exclusions from height limits, and Off-street parking within a building [section 2.6.3.2].)Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended)and, if necessary, FDEP requirements for minimum habitable first-floor structural support,however, in FEMA flood zones no building will exceed the maximum building height as measured above without a conditional use permit first being issued by the County as per Section 2.7.4.1..Ink-astfueter-e-in