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Backup Documents 04/11/2017 Item # 9B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office SAS 4/11/17 4. BCC Office Board of County i Commissioners v J 4.6\k.-1 5. Minutes and Records Clerk of Court's Office i\k/i 3:304, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez,ACP Phone Number 252-8123 Contact/ Department Office of the ounty Attorney Agenda Date Item was 4/11/17 Agenda Item Number 9.B Approved by the BCC Type of Document Ordinance 17-12, amending Ord. 04-41,the Number of Original 1 Attached Collier County Land Development Code Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed SAS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SAS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SAS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into Accela. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4/11/17 and all changes made during the S meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. s`' 9 B MEMORANDUM Date: April 17, 2017 To: Wanda Rodriguez Office of the County Attorney From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2017-12 Enclosed please find one (1) copy of the document (Agenda Item #9B) as referenced above, approved by Board of County Commissioners on Tuesday, April 11, 2017. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure Teresa L. Cannon From: Teresa L. Cannon Sent: Monday,April 17, 2017 9:07 AM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2017-0012 Attachments: CLL20170411_Ordinance2017_0012.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES&RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER(CLL) ORDINANCE NUMBER:2017-0012 Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk,corn II i B ORDINANCE NO. 17 — 12 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2016; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and Page 1 of I 1 Words struck through are deleted,words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on March 14, 2017 and April 11, 2017, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or Page 2 of 11 Words struck through are deleted,words underlined are added element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of§ 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, Page 3 of 11 Words struck through are deleted,words underlined are added parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 6.05.01 Water Management Requirements E. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. Page 4 of 11 Words struck through are deleted, words underlined are added � � � � =� '- ° . ^ ~ - c` -- or a building permit to allow the developmentor after July 1, 2008, except for the following conditions: a. Any application within the boundaries of development projectsthatha*e: /1) been permitted by the South Florida Water Management District for /2\ have a central surface water management co||ection. Gtoroge, treatment and discharge system; b. A one time addition is allowed for certain sized honoeo, as set forth below; 0-F c. An application accompanied by a stormwater management plan, signed and s aled by a registered Florida Professional Engineer. Table 6.05.01 F. Lot-Size Lot-Coverage ImpetIvieus-Area-Goverage Under 11,000 sq. ft. 25% 40% 11.000 sq. ft. to 52.999 sq. ft. 2,750 sq. ft. +5% of area in 4/100 sq. ft. +5% of area in and 100 ft. or greater in width oxcc"oof11.OUOsq. ft. - -- w eww *. . 11.000 sq. ft. to 52.900 sq. ft. 2.750 sq. ft. +2% of area in 4.1O0 sq. ft. +2% of area in and less than 100 ft. in width '- s of 11,000 sq. ft. cxca000f11.OUDsq. ft. 4.850 sq. ft. +3% of area in 8.500 sq. ft. +2% of area in excess of 53,000 sq. ft. excess, of53.00Osq. ft. 2. The maximum allowable ratio of lot coverage and impervious area coverage to the total lot area shall be as provided for in Table 6.05.01 F. unles accompanied by an engineer's analysis as specified below. . ^ "a ' ~w- * ' ~° .- - e-'~ -- '' - =~ °°~- w ---e^^^^pe' - the runoff, from area in excess of the above radio, from a 5 year 1 day -_--•_•_-. tneatFnent/sliepoma|. the wet season water table calculations for drainage must match that used for the drainfield design. b. The application site plan oha8-1iot all required separation distances ||o, drainfield oyotenlo, and otonnvvater retention/detention Page 5 of 11 Words struck through are deleted,words underlined are added $3 r LS Engineer. 3. A one time addition to an existing residence will be allowed after July 1, 2008. - ' - - - • - -- --- - -- - . - ... e.. - -- G-F. The design of the stormwater management system shall fully incorporate the requirements of the Interim Watershed Management regulations of LDC section 3.07.00. **ALL REMAINING SUBSECTIONS TO BE RE-LETTERED ACCORDIN ** ( ACCORDINGLY") SUBSECTION 3.B. ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes A. Purpose. The purpose of this section is to manage stormwater runoff on lots with single-family dwelling units, two-family dwelling units, or duplexes in order to prevent detrimental impacts on site or to adjacent properties. This section is also designed to provide criteria for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term impervious area shall include roofed buildings, concrete and asphalt pads, cool deck (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), mulch, pavers without limerock base, and unlined pond area. B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single- family dwellings, two-family dwellings, or duplexes with the following exceptions: Page 6 of 11 Words struck through are deleted, words underlined are added 1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee Urban Area Overlay district and outside the coastal urban designated area as established in the Future Land Use Map. 2. Lots that have received a Surface Water Management or Environmental Resource Protection permit from the South Florida Water Management District. C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an application for a building permit for any of the following: 1. Type I Stormwater Plans. a. New structures, additions, pools, or decks on lots with 40 percent or less impervious area, or as described in the following zoning districts: RSF-1 zoned lots with 30 percent or less impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as established in the Future Land Use Map with 30 percent or less impervious area. iii. Estates zoned lots with 25 percent or less impervious area. b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody downstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.1.a above. 2. Type II Stormwater Plans. a. New structures, additions, pools, or decks on lots with more than 40 percent impervious area, or as described in the following zoning districts: RSF-1 zoned lots with more than 30 percent impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as established in the Future Land Use Map with more than 30 percent impervious area. iii. Estates zoned lots with more than 25 percent impervious area. b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody upstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.2.a above. D. Stormwater plan criteria. Page 7 of 11 Words struck through are deleted,words underlined are added 1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida registered design professional, licensed contractor or owner builder. The Type I Stormwater Plan shall demonstrate the following: a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody downstream of the last control structure. Stormwater discharges to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum size of 3 inches and the soil adjacent to the discharge area shall be stabilized. For lots discharging directly to waterbodies upstream of the last control structure, see LDC section 6.05.03 D.2. b. Design standards. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. c. The location, dimension, and setbacks of septic systems, if applicable. 2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a professional engineer licensed in the state of Florida. The Type II Stormwater Plan shall demonstrate the following: a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. Page 8 of 11 Words struck through are deleted, words underlined are added ij iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody. Stormwater discharges directly to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum size of 3 inches and the soil adjacent to the discharge area shall be stabilized. b. Design standards. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. c. The location, dimension, and setbacks of septic systems, if applicable. d. An engineer's analysis that demonstrates the following: Water quantity calculations by a qualified engineer or technician that demonstrate the ability to accommodate the runoff from the area exceeding the applicable threshold in LDC section 6.05.03 C from a 5-year 1-day storm. ii. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate engineer's report, but the site plan must be signed and sealed by a professional engineer licensed in the state of Florida. e. A certification of compliance shall be submitted to the County by the engineer prior to an inspection. E. Application submittal requirements. The Administrative Code shall establish the submittal requirements for stormwater plans. F. Inspection and maintenance. 1. Inspection. The subject property shall be inspected by the County prior to issuance of a certificate of occupancy or certificate of completion, as applicable, for consistency with the approved stormwater plan. 2. Maintenance. The property owner shall maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the approved stormwater Page 9 of 11 Words struck through are deleted,words underlined are added plan. Future changes to impervious area or site grading shall not modify the site in a manner that will prevent continued drainage of the site as shown on the approved stormwater plan, whether or not a permit is required for an improvement. G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90- 41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a stormwater plan shall be submitted that demonstrates the additional flow of surface water has been eliminated. The subject property shall be inspected by the County to determine if the violation has been resolved. SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. Page 10 of 11 Words struck through are deleted, words underlined are added 9 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 11th day of April, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. RRQCK, CLERK OF COLLIER COUNTY, FLORIDA /40° Ai $as deputy Clerk PENNY T 11•', Chair f' sign ,<, +< Approved as to form and legality: Scott A. Stone Assistant County Attorney 04-CMD-01077/1755 (4/11/17) orc:inarce 'Ned with the dry of St ..k 5 �v3 i" e the r + cy ,f 4Qr ~, aor- acknc,i !Iv.rri nth api that 'ved this .l 9'"' day Page 11 of 11 Words struck through are deleted,words underlined are added 1 „....„4,E*8.„..,. 9 8 „:„ „. .„..„ .,, ri,-,,:--:-...„i- 6ryn a, ri FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 17, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa L. Cannon, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 17-12, which was filed in this office on April 17, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us