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Agenda 05/21/2003 S COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA May 21,2003 5:05 p.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 May 21, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN 2 May 21, 2003 EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 1, DIVISION 1.8, NONCONFORMITIES; DIVISION 1.18, LAWS INCORPORATED BY REFERENCE; ARTICLE 2, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL, ESTATES AND RESIDENTIAL ZONING DISTRICTS LIST OF PERMITTED AND CONDITIONAL USES, INCLUDING REVISIONS TO THE SANTA BARBARA OVERLAY DISTRICT RELATED TO SIDEWALKS, INCLUDING REVISIONS AND ADDITIONS TO THE BAYSHORE MIXED USE OVERLAY DISTRICT, INCLUDING CREATION OF A STEWARDSHIP OVERLAY DISTRICT AND DESIGNATION PROCEDURES FOR STEWARDSHIP SENDING AND RECEIVING AREAS; DIVISION 2.3, OFF-STREET PARKING AND LOADING; DIVISION 2.4, LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, TO REVISE PROVISIONS RELATED TO ILLUMINATED SIGNS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.2, SUBDIVISIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS; DIVISION 3.5, EXCAVATION; DIVISION 3.9, VEGETATION REMOVAL, PROTECTION AND pRESERVATION; DIVISION 3.14, VEHICLE ON THE BEACH REGULATIONS; ARTICLE 5, DIVISION 5.4, BUILDING BOARD OF ADJUSTMENTS & APPEALS; AND ARTICLE 6, DIVISION 6.3, DEFINITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend the provisions of the Collier County Land Development Code to serve the best interest of the public. CONSIDERATIONS: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Development Services Advisory Committee, the Collier County Planning Commission, and the Environmental Advisory Committee, where applicable. Recommendations of each of these bodies are included in the summary description o£the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on April 9, 2003 and April 30, 2003 and May 14, 2003. A summary of the review of these amendments by these entities is provided HAY 21 2003 u.[ FISCAL IMPACT: As noted on each individual amendment in the handout. GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners review the proposed amendments to the Land Development Code and provide direction to staff in anticipation of the final hearing which is tentatively scheduled for June 17, 2003. The Ordinance of Adoption will be presented at the final public hearing. PREPARED BY: /~USAN MURRAY, AICP, MANAGF~ CURRENT PLANNING SECTION DATE REVIEWED BY: DATE APPROVED BY: J PH K. SGI~M[TT, AD, I~INISTRATOR D~TE/ ELOPMENT & ENVIRONMENTAL SVCS. 2 HAY 21 2003 0 ~ ORIGIN: Community Development & Environmental Services Division AUTHORS: Thomas E. Kuck, P.E., Engineering Review Director, John Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services LDC PAGE(S): LDC 1:17 LDC SECTION: Section 1.8.2 Nonconforming lots of record CHANGE: Add item "C" REASON: Clarification. Legal nonconforming,lots may be combined for taxing or other ownership purposes, and later divided as the original nonconforming lots. But once developed the "combined lots" may not be split or subdivided except in conformance with the LDC. FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts RELATED CODES OR REGULATIONS: There are no related codes or regulations GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact. Amend LDC as follows: C. When two or more adjacent, legal nonconforming lots of record are either combined under a single folio or parcel number for taxing purposes by the property appraiser's office, or combined as a single parcel by recording the previously separate non- conforming lots into one legal description, neither or both of these actions will prohibit the owner or future owners from subsequently splitting the parcel into two or more folio or parcel numbers for tax purposes, or severing the parcels into their former legal descriptions as legal nonconforming lots of record according to the original legal description(s) at the time the property was recognized as legal nonconforming. Prior to any two or more adjacent, legal non-conforming lots being combined for development a legally binding document must be recorded to reflect a single parcel with a unified legal description. Once such a document has been recorded to amend the legal description and. a development permit has been approved by the County for development as that unifiett parcel, the property can not be split or subdivided except as allowed then may be alloweu by this code. MAY 2 1. 2003 ._11 DIVISION 1.18. LAWS INCORPORATED HEREIN BY REFERENCE The following Collier County ordinances and laws, as amended or superseded, are hereby incorporated into this Code by reference as if fully set forth and recited herein. Repeal or amendment of these ordinances, or adoption of successor ordinances, shall not be subject to procedures otherwise required for adoption of amendments to this Code, except as otherwise required by general law. Subject Ordinance Number Building Cons~uctJon Administrative Code 9! 55 2002-01 [Code of Laws Ch, 22, Art.. II] ~1988 C~c ':.":~ 29 :nd 90 Flodda Buildinq Code 2001, indudinq the following technical codes: Plumbi~ Mechanical Fuel Gas 002-01 [Code of Laws §§ 22-106, 22-107] S'=.-.d"rd P!,.'mb!n; C~_" 9! 59 [Code §§ 22-106, 22-108] ~ 9! ~O [Code§§ 22-106, 22-109] 9! S! [Code §§ 22-106, 22-110] The National Electrical Code Ed!~c~: !9~ NFPA 70 1999 Eddic.".: Flodda Fire Prevention Code Chapter 4A-60, Florida Administrative Code National Fire Protection Association (NFPA) 1 With modification by Ch. 4A-60.003 FAC National Fire Protection Association (NFPA) 101 With modification by Ch. 4A-60.004 FAC Publications added to NFPA 1 and NFPA 101 by 4A-60.005 Local Amendments Ord # 2002-49 Floodplain .... [Code ch. 22, art. IV, div. 3] 9! ~2 [Code ch. 22, art. IV, div. 2] 8~ 5~, 200249 [Code of Laws Ch. 58, ArL. II] 86-28 [Code ch. 62, art. II] 87-80 90-31 Coastal Building Zone (Wind) 87-20 [Code ch. 22, art. IX] 2002-1 Utility Standards 88-76 [Code ch. 134, art. III] 89-23 89-32 82-91 [Code ch. 110, art. II] Public Right-of-Way Standards 89-26 93-64 85-2 [Code ch. 22, art. IX] ~eawall ConstructJoo 85-26 86-5 74-50 [Code ch. 90, art. II] Water Policy 90-10 ~1-27 Collier County Streetscape Master Plan (CCSMP) 97-25 ,~.,ENOA rrlEM MAY 2 1 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: LDC PAGES: Planning Services LDC2:16, LDC2:21, LDC2:22.2, LDC2:26, LDC2:29, LDC2:31, LDC2:33, LDC2:35 NOTE: PAGE NUMBERS WILL CHANGE WHEN THE LDC IS UPDATED TO INCLUDE CHANGES ADOPTED BY ORDINANCE NUMBER 03-01 LDC SECTIONS: 2.2.3., 2.2.3.3., 2.2.4.3., 2.2.5.3, 2.2.6.3., 2.2.7.3, 2.2.8.3., 2.2.9.3., and 2.2.10.3. CHANGE: Add model homes and model sales centers, in compliance with all other LDC requirements, as allowable uses within agricultural, estates, and the residential zoning districts, and within a residential PUD. REASON: LDC § 2.6.33.4. establishes the criteria for model homes and model sales centers and stipulates that these uses should be of a temporary nature and may be allowed in any residential zoning district [identified in LDC §2.1.14.2] or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a rural subdivision, by the issuance of a temporary use permit. However, the LDC goes on to state that "a temporary use permit for a model home (occupied or unoccupied) shall be issued initially for a period of three years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4. of this Code." Currently model homes and model sales centers are not listed as allowable uses in the zoning districts noted above. This amendment seeks to rectify this omission. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 2.6.33.4 GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 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. .... 27. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended APaFd~A MAY 21 2.2.33. 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: 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 2.2.4.3. Conditional uses. The following uses are permissible as conditional uses in the residential single- family districts (RSF), subject to the standards and procedures established in division 2.7.4. 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 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: 9. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 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: 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 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: 7. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 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: 8. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 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: 10. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended 2.2.10.3. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures established in division 2.7.4: 6. Model homes and model sales centers, subject to compliance with all other LDC requirements, to include but limited to, LDC 2.6.33.4. as it may be amended MAY 2,1 2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Community Development and Environmental Services Division Susan Murray, AICP, Current Planning Manager Planning Services LDC 2.34 Section 2.2.8. Residential tourist district (RT) specifically 2.2.8.4.5. Clarify the intent of the method to calculate residential density. Clarification of applicability. None None GROWTH MANAGEMENT PLAN IMPACT: None 2.2.8.4.5. Maximum density permitted. For properties located within an activity center or if the RT zoning was in existence at the time of adoption of this Code: m~!mum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily ...... · ~-.~, .................... - ,~ r ................. .. or roe es ocate outs e an ac v center or if the RT zoning was not in existence at the time of adoption of this Code: Density shall be determined through application of the density rating system as set forth in the growth management plan, up to a maximum of 16 units per acre. ~ outside ........ .~ ~ ~e calculation of density shall based on the land ~ea defined by a lot(s) of record. Any project~ which received approv~ at a public he~ng prior to July 1, 2~ sh~l not be deemed to be nonconfo~ng as a result of inconsistency with density li~tations. MAY 2003 Rural Lands Stewardship Area (RLSA) Implementing Land Development Code Amendments 2.2.27. 2.2.27.1. 2.2.27.2. 2.2.27.3 TAL~528911.4 Draft 5/7/2003 6:14 PM RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT- STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) Purpose and Intent ................................................................................... 1 Definitions ................................................................................................. 1 1. Baseline Standards ............................................................................. 1 2. Compact Rural Development (CRD) ..................................................1 3. Designation .......................................................................................... 1 4. FSA Flow way Stewardship Area ....................................................... 1 5. Hamlet .................................................................................................. 2 6. HSA -- Habitat Stewardship Area ....................................................... 2 7. Land Use- Land Cover Indices ......................................................... 2 8. Land Use Layer (Layer) ....................., .................................................. 2 9. Land Use Matrix (Matrix) ...................................................................... 2 10. Listed Species Habitat Indices .......................................................... 2 11. Natural Resource Index (Index) ......................................................... 2 12. Natural Resource Index Map Series (Index Maps) .......................... 3 13. Natural Resource Index Value (Index Value) ................................... 3 14. Open Space ......................................................................................... 3 15. Post Secondary Institution Ancillary Uses ...................................... 3 16. Proximity Indices ................................................................................ 3 17. Restoration Potential Indices ............................................................ 3 18. RLSA District ...................................................................................... 3 19. RLSA Overlay Map ............................................................................. 3 20. RLSA District Regulations ................................................................. 3 21. Soils/Surface Water Indices .............................................................. 4 22. SRA ...................................................................................................... 4 23. SSA ...................................................................................................... 4 24. Stewardship Credit (Credit) ............................................................... 4 25. Stewardship Credit Database ............................................................ 4 26. Stewardship Credit System ............................................................... 4 27. Stewardship Credit Worksheet .......................................................... 4 28. Stewardship Overlay s .qnatl~ ............................... 5 29. Town ................................................................................................... 5 30. Village .................................................................................................. 5 31. WRA- Water Retention Area ......................................................... X~,da~OA !~ Establishment of RSLA Zoning Overlay District .......................... 21 2003 Draf~ 5/7/2003 6:14 PM A. RLSA District Zoning Map ....................................................................... 6 B. Additional Land Designations With the RLSA District .......................... 7 1. Establishment of SSA Designations ............................................. 7 2. Establishment of SRA Designations ................................................... 7 Establishment of Land Uses Allowed in the RSLA District .................. 7 Establishment of a Stewardship Credit Database ................................. 7 Authorization to Establish a Stewardship Credit Trust ......................... 7 General ...................................................................................................... 7 Creation of Stewardship Credits/General ............................................... 8 Transfer of Stewardship Credits/General ............................................... 8 Allocation of Stewardship Credits/General ............................................ 8 Lands Within the RLSA District Prior to SSA or SRA Designation ...... 8 Private Lands Delineated FSAs, HSAs, and WRAs ............................... 8 Private Lands Delineated as Open .......................................................... 8 Area of Critical State Concern (ACSC) ................................................... 8 Public or Private Conservation Lands .................................................... 9 Baseline Standards .................................................................................. 9 No Increase in Density or Intensity in excess of Baseline Standards .................................................................................. 9 G. Lands Within RSLA District Not Designated SSA or SRA Subject to Special Environmental Standards ........................................................... 9 2.2.27.9. SSA Designation ...................................................................................... 9 A. Lands Within the RLSA District that can be Designated as SSAs ....... 9 1. May be Within an SRA Boundary .................................................... 9 2. FSA Delineated Lands ....................................................................... 9 3. HSA Delineated Lands .................................................................... 10 4. WRA Delineated Lands ................................................................... 11 B. SSA Credit Generation - Stewardship Credit System ......................... 12 2.2.27.4. 2.2.27.5 2.2.27.6. 2.2.27.7. A. B. C. 2.2.27.8. A. B. C. D. E. F. 1. Early Entry Bonus Credits .............................................................. 12 2. Credit Worksheet ............................................................................. 12 3. Natural Resource Indices and Values ............................................ 12 a. Natural Resource Indices ............................................................ 12 b. Index Values ................................................................................. 13 (1) Slough/Strand Index Score Upgrade ................................... 13 c. Index Map .................................................................................... 13 d. Restoration Potential Index ....................................................... 13 e. Restoration Stewardship Credits .............................................. 13 4. Land Use Layers to be Eliminated ................................................. 15 a. Land Use Layers ......................................................................... 15 b. Land Use Matrix .......................................................................... 15 5. Matrix Calculation ............................................................................ 16 C. SSA Designation Application Package .......................................... 1. SSA Designation Application .......................................... . .. .. · ... ..... 1~c'ENDArr'EH 2. Application Fee ............................................................................... MAY 21 2003 Draft 5/7/2003 6:14 PM 3. Natural Resource Index Assessment ............................................. 17 4. Support Documentation .................................................................. 17 5. SSA Credit Agreement .................................................................... 18 6. Public Hearing:f0r Credit Agreement ............................................. 19 7. Recording of SRA Memorandum .................................................... 19 8. Stewardship Easement Agreement or Deed ................................. 20 D. SSA Application Review Process ......................................................... 20 1. Preapplication Conference with County Staff ............................... 20 2. Application Package Submittal and Processing Fees .................. 20 3. Application Deemed Sufficient for Review .................................... 20 4. Review by County Reviewing Agencies ........................................ 21 5. Designation Review ......................................................................... 21 6. Designation Report .......................................................................... 21 E. SSA Application Approval Process ...................................................... 21 1. Public Hearing .................................................................................. 21 2. Legal Description ............................................................................. 21 3. Update the RLSA Overlay Map and Official Zoning Atlas ............ 22 F. SSA Amendments .................................................................................. 22 2.2.27.10. SRA Designation ...................................................................................... 22 A. Lands Within the RLSA 'D|~'~i~that can be Designated as SRAs ............................................................................... 22 1. Suitability Criteria ............................................................................ 23 2. SRAs Within the ACSC .................................................................... 23 B. Establishment and Transfer of Stewardship Credits ......................... 24 1. Transfer of Credits ........................................................................... 24 2. Stewardship Credit Exchange ........................................................ 24 3. Public Benefit Uses ......................................................................... 24 4. Mixed Land Use Entitlements ......................................................... 25 C. Forms of SRA Developments ................................................................ 25 1. Towns ................................................................................................ 25 2. Villages ............................................................................................. 25 3. Hamlets ............................................................................................. 26 4. Compact Rural Developments (CRDs) ........................................... 26 a. Size of CRDs limited ................................................................... 26 b. CRDs within the ACSC ............................................................... 26 5. Proportion of Hamlets and CRDs to Villages and Towns ............ 26 6. SRAs as Part of a Development of Regional Impact (DRI) ........... 27 D. SRA Designation Application Package ................................................ 27 1. SRA Designation Application ......................................................... 27 2. Application Fee ................................................................................ 27 3. Natural Resource Index Assessment .............................................27 4. Natural Resource Index Assessment Support Documentation _.28 5. SRA Master Plan .............................................................................. 28 TAL~528911.4 6. SRA Development Document ..................................................... 7. SRA Public Facilities Impact Assessment Report .................... 8. SRA Economic Assessment Report ......................................... 111 .... 2~mo._ Draft 5/7/2003 6:14 PM 9. Stewardshi Credit Use and Reconciliation fiication ............. 29 30!11!SRA Credit Agreement ................................................................. 30 SRA Application Review Process ......................................................... 31 1. Pre-Application Conference with County Staff ............................. 31 2. Application Package Submittal and Processing Fees .................. 31 3. Application Deemed Sufficient for Review .................................... 32 4. Review by County Reviewing Agencies ........................................ 32 5. Staff Review ..................................................................................... 32 6. Staff Report ...................................................................................... 32 SRA Application Approval Process ...................................................... 32 1. Public Hearings Required ............................................................... 32 a. Public Hearing Before EAC, recommendation to the BCC ....... 32 b. Public Hearing Before CCPC, recommendation to the BCC .... 32 c. Public Hearing Before the BCC, Resolution Approved ............ 33 2. Update Stewardship Credits Database ..........................................33 3. Update the Official Zoning Atlas and the RLSA Overlay Map ...... 33 4. SRA Amendments ........................................................................... 33 a. Waiver of Required SRA Application Package Component(s) .................................................................................. 33 b. A of Minor Chan the Administrator .................... 33 Relationship to Subdivision or Site Development Plan Approval .............................................................................. 34 G. Master Plan ............................................................................................ 34 1. Master Plan Requirements ............................................................. 34 2. Master Plan Content ........................................................................ 35 H. Development Document ........................................................................ 35 I. DRI Master Plan ...................................................................................... 37 J. Design Criteria ........................................................................................ 37 1. SRA Characteristics ........................................................................ 37 2. Town Design Criteria [Reserved] ................................................... 38 3. Village Design Criteria [Reserved] ................................................. 38 4. Hamlet Design Criteria [Reserved] ................................................. 38 5. CRD Design Criteria [Reserved] ..................................................... 38 6. Design Criteria Common to SRAs .................................................. 38 7. Infrastructure Required ................................................................... 39 8. Requests for Deviations from the LDC .......................................... 40 K. SRA Public Facilities Impact Assessments ......................................... 40 1. Transportation ................................................................................. 40 2. Potable Water ................................................................................... 41 3. Irrigation Water ................................................................................ 41 4. Wastewater ....................................................................................... 41 a? 5. .... 4~A rr~ TA[~528911.4 Solid Waste .................................................................. . .. .. · ... .. · · .. Stormwater Management .......................................... .. .... .. · · .... ... SRA Economic Assessment ................................................................. MAY 2 1 2OO3. 2.2.27.11. Draft 5/7/2003 6:14 PM 1. Demonstration of Fiscal Neutrality ................................................ 43 a. Collier County Fiscal Impact Model ........................................... 43 b. Alternative Fiscal Impact Model ................................................. 43 2. Monitoring Requirement ................................................................. 43 3. Imposition of Special Assessments ............................................... 43 4. Special Districts Encouraged ......................................................... 43 Baseline Standards [Reserved]. ............................................................ 43 TALg528911.4 V MAY 2 '1 20O3. 2.2.27. Draft 5/7/2003 6:15 PM RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT REGULATIONS 2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District Regulations) is to create a Rural Lands Stewardship Area Zoning Overlay District (RLSA District) to implement the incentive based Collier County Rural Lands Stewardship Area Overlay (RLSA Overlay) established within the County's Growth Management Plan (GMP). It is the intent of the RLSA District and the RLSA District Regulations to protect natural resources and retain viable agriculture by promoting compact rural mixed-use development as an alternative to Iow-density single use development, and to provide a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. · ....... 2.2.27.2 Definitions. As used in the RLSA District Regulations, t~e' terms ~e]~ shall have the following meanings: Baseline Standards - Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002, and subject to the further provisions of ~!~:~k.~ection 2.2.27.8, that remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. Compact Rural Development (CRD) - Compact Rural Developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. 3. Designation - Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLS^ Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA. TAL~528911.4 HAY 2 _1 20O3 Draft $/7/2003 6:15 PM Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single- family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. HSA - Habitat Stewardship Area - Privately owned.~"'""'"~'~'""~ """'~"~:'~u, ~ ~ ~ ~ ~, ~.,., ,~ ~ >~..~..,..,., delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. ¸m;a Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. Land Use Matrix Baseline Standards single column. - The tabulation of the 3ermitted and conditional land uses within the with each Land Use Layer displayed as a TALg528911.4 11. Natural Resource Index (Index) - A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Sending Area Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover. ~d~Da, rTEM MAY 2 1 2003- Draft 5/7/2003 6:15 PM 12. Natural Resource Index Map Series (Index Maps) - the Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. 13. Natural Resource Index Value (Index Value) - the sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the Index. 14. Open Space - Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. 15. Post Secondary Institution Ancillary Uses use or owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. 18. RLSA District - Rural Lands Stewardshi Area Zonin. District - The area ~~ depicted on the Future Land Use Map the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee Line, and south and west of the Hendry County Line. =,~,~ ..~,~,~,,~ 19. RLSA Overla, - The ma identifies the geographic extent of the RLSA District, including those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. 20. RLSA District Regulations - Collier County Land Development Code Section TAI-~528911.4 2.2.27. Ne. HAY 2 1 2003. Draft 5/7/2003 6:15 PM and N6fi:H! 22. SRA - Stewardship Receiving Area - A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. 23. SSA - Stewardship Sending Area - A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. 24. Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in ~'~i~!~ect on 2.2.27.10.C. 25. Stewardship Credit Database - A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. 26. Stewardship Credit System - A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher degree of preservation, the greater the number of credits generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. 27. Stewardship Credit Worksheet - An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. 28~': Stewardshi 29. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provid~ land uses to reduce automobile trips and increase livability. Towns are compl }sed TAL~528911.4 4 MAY 2,1 2003. Draft 5/7/2003 6:15 PM Villages and/or neighborhoods that have individual identity and character. 30. Village - Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. 31. WRA - Water Retention Area - Privately owned delineated on the RLSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural water retention areas and that provide surface water quality and other natural resource value. 2.2.27.3 Establishment of RLSA Zoning Overlay District. In order to implement the RLSA District Regulations, an ELSA District, to be_designated as "RLSAO" on the Official Zoning Atlas, is hereby established. A. The lands included in the ELSA District an~ to' whmh the RE~ D~strm~iRequiaflo~§ ~:~ ~?~"~ h~i~ are depicted by the following map: TALg528911.4 MAY 21 2003 Draft $/7/2003 6:15 PM Rural Lands Stewardship Area (RLSA) Zoning Overlay District R 28 E R 29 E R 30 E HENDRY COUNTY L~ Im IMMO ALEE , I MILES o 1 2 I R 28 I - 75 R LEGEND RURAL LANDS STEWARDSHIP AREA OVERLAY 29 E R 30 MAY 21 2003- Draft 5/7/2003 6:15 PM Within the RLSA District, additional lands may be designated to implement the Stewardship Credit System as follows: 1. Establishment of SSA Designations. An RLSA District classification to be known as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SSA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the Board of County Commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SRA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed within the RLSA District are of two types: those allowed in the Baseline Standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation. The underl land uses allowed within the RLSA District are included in the Baseline Standards. 2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the Community Development and Environmental Services Administrator (Administrator) shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic form that can be linked to the RLSA Overlay Map and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement. 2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from permanently "retiring" any such credits. 2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner ele~ :ts tu.~rttM provisions of the Stewardship Credit System pursuant to the provisi~ns ~.f Section "rAu 52 ..a 7 MAY 2 1 2003, Draft 5/7/2003 6:15 PM 2.2.27.9.B. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for the voluntary stewardship and protection of important agricultural and natural resources. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are removed. These lands will be identified as SSAs. All privately owned lands within the RLSA District are & candidate~ for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein. A Stewardship Agreement shall be developed that identifies those land uses, which have been removed. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property. B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 2.2.27.10.1. Such lands shall be known as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from the Baseline Standards. C. Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more SSAs. 2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands within the RLSA District have been delineated on the RLSA Overlay Map. Prior to designation as an SSA or SRA, lands within the RLSA District are subject to the Baseline Standards. A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the RLSA Overlay Map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations. B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or WRA are delineated as "Open" on the RLSA Overlay Map and are generally of a lower natural resource quality. Open lands are the lands that may be designated as either SSAs or SRAs. C. Area of Critical State Concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation as SRAs, subject to additional standards set forth in 2.2.27.10.A.2. All ACSC regulations continue to apply to ACSC land~ District regardless of designation. MAY21 201:13. TAL~528911.4 Draft 5/7/2003 6:15 PM D. Public or Private Conservation Lands. Within the RLSA District, certain lands are held in public ownership or in private ownership as conservation lands. Such lands may be delineated on the RLSA Overlay Map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA. E. Baseline Standards. The Baseline Standards apply until lands are voluntarily entered into the Stewardship Program and are designated as an SSA or SRA and will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. F. No Increase in Density or Intensity (in excess of the Baseline Standards). No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. G. Lands Within the RLSA District Not Designated SSA or SRA Subject to Special Environmental Standards. In order to protect water quality and quantity and maintenance of the natural water regime in areas mapped as FS^s on the RLSA Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program, residential uses, general conditional uses, earth mining and processing uses, and recreational uses (layers 1-4) as listed in Section 2.2.27.9.B.4.a. shall not be permitted in FSA lands within the RLSA District. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. In order to protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the RLS^ Overlay Map that are not within the ACSC, the use of such land for a non-agricultural purpose under the Baseline Standards be sub ect to environmental re, Jlations ~ be adc 2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations. A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC. 1. May be within an SRA Boundary. A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of 2.2.27.9.^.4.b. shall 2. FSA Delineated Lands. No. TALg528911.4 9 MAY 2 ] 2003. Draft 5/7/2003 6:15 PM TADg528911.4 a. In the case where lands delineated as FSA and are designated as an SSA, at a minimum, Residential uses, General Conditional uses, Earth Mining and Pre Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as permitted land uses. b. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. Directional-drilling techniques and/or cleared or disturbed areas shall be utilized for oil and ~as im )acts to Co (4) Stormwater Management design shall base water control seasonal high water elevations of ad acent wetlands to p hydroperiods 10 otecf~.-~etland . native habitat~ d~t6~i~dt6'b~ issuance ~ofa state ChaPter 62C-30~ F.A.C.~ re.qardlesS of:: whether exploration'and 'Oil and qas field~':development"and~ the= Bi.q.. CypreSs: SwamP~, ~=' Nothin, obtain:conditional use development:and produCtiOh 'acti~itie~ d. The elimination of the Earth Mining layer shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA. HSA Delineated Lands. a. In the case where lands delineated as HSA are entered into the Stewardship Pro( ram and are designated as an SSA, at a minimum, Residential Land Uses listed in the Matrix[ shall be eliminated. b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. In addition to the requirements imposed in the LDC for approval of a Conditional Use, uses listed in b. above will only be approved upon submittal of an ElS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: (1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d. Draft 5/7/2003 6:15 PM state or ~eo eral Ol rec~:~mpacT~mKe pu- w w l L~,~ ~u,, ~u :~,,~,,, ,~ ,,~ (6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers. As an alternative to the submittal of an ElS, the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. Asphaltic and concrete batch making plants are prohibited in all HSAs. Directional-drilling techniques and/or )reviousl' cleared or disturbed areas shall be utilized for oil and to native Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida De ~rtment of Environmental Protection, which standards shall be adc TALg528911.4 4. WRA Delineated Lands. a. In the case where lands delineated as WRA are entered into the Stewardship ram and are desi nated as an SSA, at a minimum shall be eliminated as permitted land uses. b. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that ther~ : ............ ..... * '"'°~i~ of habitat function within the WRAs unless there is compensatir ~1 m~~hT~ MAY 21 2003. Draft 5/7/2003 6:15 PM restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one of more Land Use Layers are removed. These lands will be identified as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property. A methodology has been adopted in the GMP for the calculation of credits based upon; 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 1. Early Entry Bonus Credits. Early Entry Bonus Credits are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as HSA located inside the ACSC. a. The earl bonus shall be available TALg528911.4 b. The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits. c. Credits generated under the early entry bonus may be used after the termination of the bonus period. d. The maximum number of Credits that can be generated under the bonus is 27,000. e. Early Entry Bonus Credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC. Credit Worksheet. A Stewardship Credit Worksheet, adopted as Attachment "A' of the Growth Management Plan RLSA Goals, Objectives, and Policies, sets out a mathematical formula for determining the number of credits available for each acre of land being considered for an SSA. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet. Each Index listed below has a range of values based upon a measure developed during the RLSA Study. a. Natural Resource Indices. Stewardship Ove rla y ,~,~~i~igna ti~ 12 NAY Draft 5/7/2003 6:15 PM Proximity Indices Listed Species Habitat Indices Soils/Surface Water Indices Restoration Potential Indices Land Use - Land Cover Indices b. Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time. (1) Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the OkaloaCoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not otherwise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use, c. Index Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 2.2.27.79.C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either increases or decreases any Index Value shall result in a corresponding adjustment in the credit value. d. Restoration Potential Index Value. At the time of SSA designation, an evaluation of the restoration potential of the land being designated shall be prepared by a qualified environmental consultant (per Section 3.8 of the LDC) on behalf of the applicant and submitted as part of the SSA Designation A )lication le. In the event that restoration potential is identified, the ap Restoration Potential Index acre to which the Restoration Potential recalculated The credit value of each Index ~Value is a shall be TALg528911.4 Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise imt. activitiesT or where additional land is needed to enhance wild 13 IvIAY 2 1 2003 Draft 5/7/2003 6:15 PM Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations: (1) Priority has been given to restoration within the Camp Keais Strand FSA or activities within an'~::0f th:e ~bl:16~Wlh~:~i the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Map that are contiguous to the Cam Keais Strand (2) Two additional Stewardship Credits shall be~-.,-.--,,::::u:,,----,~,.-,.-.,,:.:, ,..,....... for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough. (3) The actual implementati0_n of restoration improvements is not uired for the owner to receive such credits referenced in (1 (4) Stewardshi Credits shall be TAI_~528911.4 authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined b or commenting agency authorizing said restoration. ~ or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits: (a) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be functional enhancement of the flow way or wildlife corridor; FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor; Documentation of state or federal listed species utilizing +~'~' ~"'"~ ,..r . .... ~J,~OA m]la~ contiguous parcel; N~. (b) (c) 14 HAY 21 2003. Draft 5/7/2003 6:15 PM (d) Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red- cockaded woodpecker, etc.), or; (e) Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks)~_~ g Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix - Attachment B to the Rural Stewardship Area Overlay Goals, Objectives and Policies. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines now man~ of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. a, Land Use Layers. I - Residential Land Uses 2 - General Conditional Uses 3 - Earth Mining and Processing Uses 4 - Recreational Uses 5 - Agriculture - Group 1 6 - Agriculture - Support Uses 7 - Agriculture - Group 2 b. Land Use Matrix TA]Jt528911.4 15 HAY 21 2003. Draft 5/7/2003 6:15 PM Collier County Rural Lands Stewardship Overlay Land Use Matrix Residential Land General Conditional Earth Mining end Rastoratloft and Uses ,, Uses Processing] Uses Recreational Uses A~riculture Group I Uses A~ri,cultura Group 2 Natural Resources Single-family dwelling, Family care facilities Excavation, extraction Golf courses ancVor ~rop raising; Farm labor housing (A) 0nimproved pasture Wildlife management, nd. mobile home (P) (P) or earthmlning and cif driving ranges ~orticulturs; fruit and and grazing, forestry )lent and wtidltie related processing and [CU) qut production; groves; [P) conservenctss, refuges production (CU) qursedas, improved and sanctuaries LP-,). 3esturs (P) Mobile homes [(P) in Collection and transfer Asphaltic and concrete Sports instructional ~.nimal breeding (other Retail sale of fresh, Ranching; livestock Water management, VIH Overlay; (A) as rites for resource batch making plants ~choois and camps :has livestock), raising, unprocessed raising (P) groundwater recharge :emporary uss] recovery (CU) (CU) (CU) xaining, stabling or agricultural products; <ensetleg (P) grown ptimadly on the ;~roperty (A) =rivets boathouses Veterinary clinic (CU) Sporting and Dairying; beekeeping; Retail plant nurseries -lusting cabins (CU) Restoration, mitigation nd docks on lake, recreational carr~os ~poultry and egg [CU) (P) :anal or waterway lots (CU) 3reduciion; milk :A) production (P) :{ecraationat facilities Child care centers and Aquaculture for native Packinghouse or ~.ultural, educational, Water supply, wellfisld~ ntegral to residential adult day care centers species (P) and non- similar agricultural ~r recreational facilities (P); oll and gas Jevalopmeflt, e.g., golf; (CU) native species (CU) 13rocessleg of farm sad their related expioretion (P) :curse, clubhouse, products produced on Imodas of transporting :ommunity center the property (A) iparticipanle, viewers or ~ullding and le~nis _ _ ~ ~atrons;tour :sclllfles, parrs, ioperations, such as, ~la~rounda and ~ut not Ilmtied to ~leyflel~s (A) slrbcets, swamp ~uggles, horses and =imliar modes of Iransportation (CU) '~uesthouses (A) Zoo, aquatium, aviary. The commercial Sawrnliis (CU) ~xcavation and related Boardwalks, nature botanical garden, or )roduction, raising or ~rocesslng incidental to trails (P) other similar uses (CU breeding of exo{Ic ~g (A) animals (CU} Churches and other Wholesale reptile Natural resources nor 4aces of worship (CU) breeding end raising - otherwise feted (P) no,'l-venomous (P) and venomous (CU) ;ommunicaUons Essential services (P towers (P) (CU) and CU) Social and fraternal Oil and gas field organizations (CU) development and )roductton (CU) Private landing strips tor general aviation 3,emeteries (CU) 5chocis (CU) Group care facilIUes, ~LF Uses as listed in Collier County Land Development Code - Rural Agricultural Distdct (P) Prinicpal Use, (A) Accessory Use, (CU) Conditional Use 5. Matrix Calculation. The maximum number of credits is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources. As Land Use layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA. C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: ~.,ENOA nl~ TAL~528911.4 1 6 MAY 2 1 2003- Draft 5/7/2003 6:15 PM SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request for the designation of SSA for lands within the RLSA District to the Administrator or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section. Application Fee. An application fee shall accompany the application. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Appl~~,report entitled Natural Resource Index Assessment that documents the ~i:~!iiii!.iii:i~ii~i, Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of credits being generated. a. The Assessment shall verify that the~:"'.~'"~'".. ,.,~, ,:,~.,,,,~ Index Value scores ~ !a ~ are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections. of the land as of the date of the SSA nation A m TALO528911.4 c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate. Provide evidence/documentation supporting the suggested Index Value; d. Quantify the acreage of agricultural lands, by type, being preserved; e. Quantify the acreage of non-agricultural acreage, by type, being preserved; f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and g. Quantify all lands, by type, being designated as SSA within the ACSC, if any. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: a. Legal Description, including sketch or survey; b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA; c. Stewardship Overlay Map delineating the area of the RLSA District being designated as an SSA; d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating the area being designated as an SE A: e. Natural Resource Index Map of area being designated as an SSA: No._ MAY 2 ! 2003. % Draft 5/7/2003 6:15 PM TA]_,g528911.4 f. Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one inch equal to 400 feet is acceptable; g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA; h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and j. Stewardship Credit Calculation Table that quantifies the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated. SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following: a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement; b. A map or plan (drawn at a scale of 1"= 200') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated; c. A narrative description of all land uses, including conditional uses, if any, that shall be removed from the land upon approval of the SSA Credit Agreement; d. A Natural Resource Index Assessment worksheet for the land subject to the Agreement and the total number of SSA credits that result from the Natural Resource Index Assessment; e. A copy of the Stewardship Easement, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement; f. Land management measures; g. Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or intensity of any permitted uses remaining on the SSA lands, or any additional uses beyond those specified in the SSA Credit Agreement on the land; Provisions regarding and ensuring the enforceability of Agreement. 18 MAY 21 20(13 i. If applicable, the number of credits Draft 5/7/2003 6:15 PM for restoration Restoration (1) ~A legal description of lands to be designated for restoration; (~2) A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I CR I"); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II CR I1"); (~ The number of Restoration Credits to be granted for the lands designated R I and R II; (~,)A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary reestaD~sn,..,.~ ........~ ~., ....... ~.,~ original restoration efforts required to ........ ~" ..... "~'~ conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands; and (~) When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a minimum, the following elements; (~ Restoration goals or species potentially affected; (~b_) Description of the work to be performed; (~)ldentification of the entity responsible for performing the work; (~) Work Schedule; (~ Success Criteria; ~ (~f_) Annual management, maintenance and monitoring~ 6. Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. 7. Recording of SRA Memorandum. Following approval by the County, an SRA Memorandum shall be prepared with the following portions or exhibits of the SSA Credit Agreement as attachments. The SRA Memorandum and attachments shall be recorded in the public records: a. The legal description of the lands subject to the SSA Credit Agreement and the TALg528911.4 number of SSA Credits assigned to the land designated as SSA; The Stewardship Easement on the SSA lands, describing remaining on the land; 19 ,,~3ENDA n'EM the ~nd uses HAY 21 2003. Draft 5/7/2003 6:15 PM c. The Restoration Agreement, if any for land within the SSA. 8. Stewardship Easement Agreement or Deed '"' ':"'"'" ..... "~ The Applicant shall prepare and submit a Stewardship Easement Agreement in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency". a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the foIIowing:T Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, South Florida Water Management District, or a recognized land trust. b. The Stewardship Easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures. c. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship Easement Agreement. D. SSA Application Review Process 1. Pre-application Conference with County Staff. Prior to the submission of a formal application fOr SSA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SSA with the goals, objectives, and policies of the growth management plan; b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property; c. Identification of the recognized entity to be named in the covenant or perpetual restrictive easement, and; d. Identification of the proposed land management measures that will be undertaken and the party responsible for such measures. TALg528911.4 The required number of copies of each SSA Application and the associated processing fee shall be submitted to the Administrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.9.C. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the Administrator or his designee shall advise the applicant in writing that the application is complete and sufficient for t genc~.a~e'~l'l~ZM or advise what additional information is needed to find the applicatio~ sufficient, If 2o MAY 2 1 20Q3 2. Application Package Submittal and Processing Fees. Draft 5/7/2003 6:15 PM required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the Administrator or his designee shall advise the applicant in writing that the application is complete, or, if additional or revised information is required, the Administrator shall again inform the applicant what information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the Administrator or his designee will distribute it to specific County staff for their review. 5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve outstanding issues and confirm public hearing dates. 6. Designation Report. Within .i'nih~ (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant. E. SSA Application Approval Process 1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or ap it with conditions mandatin, ~li~ with all unmet requirements. 2. Legal Description. Following the Board's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within ~'i'~ ~'30~ days by the applicant in the public records. .~..,END,~ nl~ TAL~528911.4 21 MAY 2 1 2003. Draft $/7/2003 6:15 PM 3. Update the Overlay Map and Official Zonin Atlas. The Official Zoning Atlas shall reflect the d~signation of the SSA. Sufficient information shall be included on the updated ~h'i~'~ maps so as to direct interested parties to the appropriate public records F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the establishment of an SSA. Amendment{s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall land use layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate._a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership. 2.2.27.10. SRA Designation. SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Land uses are approved within SRAs through the transfer of Stewardship Credits generated from SSAs. Stewardship Credits are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined criteria and standards set forth herein. Land becomes desk nated as an SRA Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution reflecting the total number of transferable Credits assigned to the parcel of land. A. Lands Within the RLSA District that can be Designated as SRAs. All privately TAL~528911.4 owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. ,~r. NDA ~ 22 MAY 2 1 21103- .lq-?-- Draft 5/7/2003 6:15 PM 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. a. An SRA must contain sufficient suitable land to accommodate the planned development b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. c. Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 sba-II be retained as open space and maintained in a predominantly natural vegetated state. e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. f. As an incentive to encourage open space, lands within an SRA located outside of the ACSC, exceeding the required thirty-five percent, shall not be required to consume Stewardship Credits. g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 2.2.27.10.J.6.d. An SRA may be contiguous to, or encompass a WRA. h. The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC. a. The only form of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and · ': i~ ~:~:: .i CRDs of not more than 300 acres and Hamlets. Provided, however, S i'~i~fi~'i'!~i~]~i ~'.i~l~. !~f Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effecti amendment as a result of mining operations, shall be allowed in TALO528911.4 23 treal~?at have MAY 2 ] 2003 Draft 5/7/2003 6:15 PM aw TAI-~528911.4 a frontage on State Road 29 and that, as of the effective date of the RLSA Overlay, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. b. The Town form of an SRA shall not be located within the ACSC. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 2.2.2710.B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to entitle an SRA within the ACSC. b. Credits can be transferred only to lands within the RLS^ that meet the defined suitability criteria and standards set forth herein. c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section. e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 2.2.27.6., and transferred to an SRA subject to the limitations contained in this Section. 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with Index Values of greater than 1.2,. shall be retained as open space and maintained in a predominantly naturals, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding the required thirty-five percent shall not be required to consume Stewardship Credits. 3. Public Benefit Uses. The acreage within an SR^ devoted to a benefit use shall not be required to consume Stewardship Credits maximum acreaqe hmlts~:of:~an~. For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or private post secondary institutions, including ancillary uses; community parks exceeding the minimum requirement of 200 square feet per dwelling unit; municipal golf c, ,urse~,i~l~Wluai 24 NAY 2 1 2003 Draft 5/7/2003 6:15 PM Cm parks; and governmental facilities excluding essential services as defined in the LDC. 4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District . SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. Forms of SRA Developments. SRA Developments are a compact form _of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(I). These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl; protect environmentally sensitive areas; maintain the economic viability of agricultural and other predominantly rural land uses; and, provide for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the pa~ tlcu~(~l~O~ Villages shall be not less than 100 acres or more than 1,000 acres. Vi~i~ges are MAY 2 1 201~, TAL~528911.4 TAL~528911.4 Draft 5/7/2003 6:15 PM comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 2.2.27.10.J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 4. Compact Rural Developments (CRDs). Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 2.2.27.10.J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 2.2.27.10.C.2. or 3. a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100 acres in size. b. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than 5 of any combination of Hamlets e¢ and CRDs of 100 acres of less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than 5 of any combination of Hamlets and CRDs of 100 acres of less may approved for each subsequent Village or Town approved. ~A~ Ne. - 26 HAY 2 1 2003- Draft 5/7/2003 6:15 PM 6 SRAs as Part of a Development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of Section 380.06, F.S. and the RLSA District Regulations. a. An SRA Designation Application may be submitted simultaneously with a Preliminary Development Agreement application that occurs prior to a DRI Application for Development Approval (ADA). In such an application, the form of SRA Development shall be determined by the characteristics of the DRI project, as described in the PDA. b. The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule. c. A DRI applicant is required to demonstrate that: The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or; The applicant owns or has a contract with an owner of enough land that would qualify as SRAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary Stewardship Credits to entitle the entire DRI as part of subsequent SRA Designation Applications. D. SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the follow: 1. SRA Designation Application. An application shall be submitted by a landowner or his/her agent, hereafter "applicant," to request the designation of an SRA within the RLSA District. The Application shall be submitted to the Administrator or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. An Assessment that documents the ~,,~,'--~,-, Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2; b. Verify that the ~:~'i~' Index Value scores are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections. TAL~528911.4 iocument the current Index Value of the la~ 27 MAY 21 2003 w Sm g TAL~528911.4 Draft 5/7/2003 6:15 PM d. Quantify the acreage of agricultural lands, by type, being converted; e. Quantify the acreage of non-agricultural acreage, by type, being converted; f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2; g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and h. Demonstrate compliance with the Suitability Criteria contained in Section 2.2.27.10.A.1. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: a. Legal Description, including sketch or survey; b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c. Stewardship Overlay Map delineating the area of the RLSA District being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h. Soils map(s) delineating the area being designated as an SRA, and; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 2.2.27.10.G. SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document shall be consistent with the requirements of Section 2.2.710.H. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 2.2.27.1 O.K. MAY 21 2003- 28 Se Sm Draft 5/7/2003 6:15 PM TAL~528911.4 SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 2.2.2710.L. Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a form provided by the Administrator, or his designee. The application package shall contain the following: a. The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are being transferred; b. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any); c. Number of acres within the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits); d. Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits; e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation; f. Number of acres within the SRA that consume credits; g. The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits / acre equals the number of Credits to be transferred (consumed); i. A descriptive reference to one or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including: (1) SSA application number; (2) Pending companion SRA application number; (3) SSA Designation Resolution (or Resolution Number); (4) SSA Credit Agreement (Stewardship Agreement); (5) Stewardship Credits Database Report. j. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and - 29 NAY 2-1 20113. Draft 5/7/2003 6:15 PM k. A summary table in a form provided by Collier County that identifies the exchange of all Stewardship Credits that involve the SRA and all of the associated SSAs from which the Stewardship Credits are being obtained. If at the time of the approval of the SRA Designation Application the applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The applicant shall have 60 days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If the applicant does not provide such documentation within 60 days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use and Reconciliation Application shall be amended to accurately reflect the transfer of credits that occurred following the conditional approval of the SRA. ~:,.11,S A Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County. b. The SRA Credit Agreement shall contain the following information: (1) The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA Development Documents. (2) A legal description of the SRA land and the number of acres; (3) The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leaseable area of retail and office square footage and other land uses depicted on the plan; (4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; (5) The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and (6) The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment. c. The SRA Credit Agreement shall be effective on the latest of the following dates: (1) (2) TAL~528911.4 (3) the date that the County approves the SRA Application; cr the date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to tha~ da~e~.,F. NOA ~ 30 MAY 2.1 Draft 5/7/2003 6:15 PM d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following: (1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and (2) a legal description of the SRA lands. e. If the development provided for within an SRA constitutes, or will constitute, a development of regional impact CDRI") pursuant to Sections 380.06 and 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") from the Florida Department of Community Affairs for a portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum. E, SRA Application Review Process 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre- application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the growth management plan; b. Consideration of suitability criteria described in Section 2.2.27.10.A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAis, HSA!s, WRA!s, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient stewardship credits to implement the SRA uses, and; e. Consideration of impacts, including environmental and public infrastructure impacts. TAI.~528911.4 The required number of SRA Applications and the associated processing fee shall be submitted 31 ,mitted to &~e _ I MAY 21 2003, I ! i 2. Application Package Submittal and Processing Fees. Draft 5/7/2003 6:15 PM Administrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.1 O.D. 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the Administrator or his designee shall notify the applicant in writing that the application is deemed sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of receipt of the additional information, the Administrator or his ~nee shall notify the applicant in writing that the application is deemed or, what additional or revised information is required. If necessary, the Administrator shall again inform the applicant in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the Administrator or his designee will distribute it to specific County review staff. 5. Staff Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to address outstanding issues and confirm public hearing dates. 6. Staff Report. Within ~,~n'i~ (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon agreement of county staff and the applicant. F. SRA Application Approval Process. 1. Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with the following provisions: a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall hold one public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conservation, FSA, or HSA. b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall hold one advertised public hearing on the proposed resolution to designate an SRA. A notice of the pu~lic hearing before the CCPC on the proposed resolution shall include a: ....... : ~'ta]. description, includln.~ ~:~ a ~!~ sketch ~,~.~;.~,~, and shall be published in a newspaper of general circulation in the County at least ten ~'!0~ days in advance of the public hearing. ~ nl~ MAY 2 1 2003. TA1_~528911.4 32 Draft $/7/2005 6:15 PM c. Public Hearing Before the BCC, Resolution Approved. The BCC shall hold one advertised public hearing on the >sed resolution to desi Inate a~ SRA. A public notice, which shall include a description sketch , shall be given to the citizens of Collier County by publication in a news general circulation in the County at least ten days prior to the of the BCC. The advertised public notice of the proposed adoption of the resolution shall, in addition, contain the date, time and place of the ~ih~?i~, the title of the proposed resolution and the place within the County where such proposed resolution may be inspected by ~blic. The notice shall also advise that interested parties may appear at the and be heard with respect to the proposed resolution. 2. Update Stewardship Credits Database. Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database used to track both SSA credits generated and SRA credits consumed. . _ 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of the a of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public records associated with the des[ nation, e.! Resolution number, SRA Desi nation A ~lication number, etc. 4.SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this Section for the establishment of an SRA, except as follows. a. Waiver of Required SRA Application Package Component(s). A waiver may be granted by the Administrator or his designee, if at the time of the pre- application conference, in the determination of the Administrator, the original SRA Designation Application component(s) is (are) not materially altered by the amendment or an updated component is not needed to evaluate the amendment. The Administrator shall determine what application components and associated documentation are required in order to adequately evaluate the amendment request. b. Approval of Minor Changes by Administrator. Administrator shall be authorized to approve minor changes and refinements to an SRA Master Plan or Document u written Jest of the a ant. TAI_~528911.4 following limitations shall apply to such requests: 33 The MAY 2 1 2O03. Draft 5/7/2003 6:15 PM (1) The minor change or refinement shall be consistent with the RLSA Overla~j ~'"~........: the RLSA District Regulations, and the SRA Development Document's amendment provisions. (2) The minor change or refinement shall be compatible with contiguous land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the SRA. (3) Minor changes or reflneme tsi ~nq!ude: b~ am not limited to: (~-a)Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County; (~lntemal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management facilities, preservation areas, or required easements are not adversely affected; ~ (~_)Reconfiguration of parcels when there is no encroachment into the conservation areas or lands with an Index Value of 1.2 or higher, ~'~" ~ TAL~528911.4 ~_~Relationship to Subdivision or Site Development Approval. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to, any application for Subdivision or Site Development Plan approval. However, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable Growth Management Plan policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, and Conservation Lands on the RLSA Overlay Map. 1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The shall be desi¢ an urban .nner who an AICP certification 34 MAY 2 1 2003. Draft 5/7/2003 6:15 PM w ~ a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; ~ a qualified environmental consultant per Section 3.8 of the LDC; or ~ a practicing architect licensed by the State of Florida. Master Plan Content. At a minimum, the master plan shall include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Location ma that identifies the relationship of the SRA to the entire RLSA d. Boundaries of the subject property, all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development; e. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community and/or public use, and areas proposed for recreational uses including golf courses and related facilities; f. Identification, location and quantification of all wetland preservation, buffer areas, and open space areas; g. The location and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions; h. The location of all proposed major internal rights of way and pedestrian access ways; i. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA; and k. Documentation or attestation of professional credentials of individuals preparing the master plan. H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a Development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. ~ The document shall be ~ared an urban nner who ~ossesses an AICP certification ~a professional engineer (P.E.) with expertise in the area of licensed by the State of Florida; TAL~528911.4 35 MAY 21 2O03 Draft 5/7/2003 6:15 PM TAI..g528911.4 ~ a qualified environmental consultant per Section 3.8 of the LDC; or ~ a practicing architect licensed by the State of Florida. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: ~T~tle page to include name of project; ~i--lndex/table of contents; ~List of exhibits; ~!--Statement of compliance with the RSLA Overlay and the RLSA District Regulations; ~!--General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other ~esiq'nate~SR~~ such external facilities as highways; ~f~Property ownership and general description of site (including statement of unified ownership); Description of project development; ~h_.Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; ~i._The overall acreage and proposed gross density for the SRA; 10.i.ldentification of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments; Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 2.2.27.10.J.; proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed; The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; Natural Resource Index Assessment as required in Section 2.2.27.9.C.3.; he location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; ypical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; Ne. - MAY 2 1 2003 Draft 5/7/2003 6:15 PM ~Agreements, provisions, or covenants~ which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; Development commitments for all infrastructure; ~t~!,When determined necessary to adequately assess the compatibility of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the Administrator or his designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; ~Development Document amendment provisions; and, ~';"~i~Documentation or attestation of professional credentials of individuals preparing the development document. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA Designation Application. The DRI master plan shall identify the location of the SRA being designated, and any previously designated SRAs within the DRI. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and 0J-5.006(5)(I). The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the Density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SR^ by the overall area therein. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLS^ Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart~ the following design criteria and those set forth in 2. through 6. below: TALff528911.4 37 ~A rtl94 MAY 2,1 2003 Draft 5/7/2003 6:15 PM Collier County RLSA Overlay Stewardship Receiving Area Characteristics T)'picel Characteristics Town' Vitlege Hamlet Compact Rura ..D~!p. ~e.~t._ ..................... Size (Gross Acres) t ,000-4,000 acres 100-1,000 acres** 40-100 acres** t O0 Acres or loss** Greater Than 100 Acres** Resldentlal Units (DUs) per gross acre base densih~ 1-4 DUs per gross acrs'"1-4 DUs per gross ~cre*** 1/2 -2 DU per gross acre'*' 1/2 -2 DU per gross acre'*' 1-4 DUs per gross acre'*' Furl range of single family and Diversity of single family and mull Residential Housing Styles multi-family housing types, styles, family housing types, styles, lot Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 ~=,o, ~ ~#u.. _ .5 Civtc/GovemmentaVIostitution- .I Civic/Governmental/Institution .~ ~i.i./~. ~taximum Floor Area Ratio or '' . ntensity .45 ~-.~.,~ u^,.~.;..45 G..,,~ u..,,~!.~g..45 ~ .... ~ u~.,.~__.... - .45~ ..... ~ ~"'a-;_. -.45 T'?~ele"! Led=!~ - 26 upa net town Center with Community anti Neighborhood Goods and Services in Town and Village Village Center with Neighborhood Village Center with Neighborhoo~ Centers: Minimum 65 SF gross Goods and Services in Village building area per DU; C~..2er~_!_~ Centers: Minimum 25 SF gross Services: Minimum 10 SF gross Services: Minimum 10 SF gross ~ ~o..,~,.~ .... .~ ~ ~..~., butidiog area per DU building area per DU building area per DU Centers: Minimum 25 SF gross .... o . building area per OU Individual Well and Septic Individual Well end Septic Centralized or decentralized Centralized or decentralized Sysiem: ~'e-t-~d er System; Ce-?"'"?"-fl or Centralized or decentralized Water and wastawater community treatment system community treatrnenl systems ~ '~="'°"='~ ....... L"; community treatment systems Parks & Public Green Spaces w/r Public Green Space for Public Green Space for Parks & Public Green Spaces w/n Community Parks (200 SF/DU) Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Palt;s & Public Green Spaces win ~;..~ = .... *l~/~lf c. Racreaffon and Open Spaces Lakes Lakes =~,~,,= ~ .... ,~.~.~ ,-. ...... Open Space Minimum 35% of Open Space Minimum 35% of --- SeA SRA Lakes Open Space Minimum 35% of SRA Civic, Governmental and minimum 15 SF/DU minimum 10 SF/DU; - -- ' ~'~'~ ~e~-~"- ~ - - Iostituffonal Services Trsnsportatidn connection to collector or artaris pathwsy system pathway system Pedestrian Pathwsys Pedesthan Pathways Interconnected sidewalk and pathway system ' - Towns are prohibited within the ACSC, per po/icy 4.7.1 of the Goals, Objectives, and Poliolas. "- Villages, Hamlets, and Coml:)act Rural Developments within the ACSC are subiect to location and size limitations, per Dotic¥ 4.20, and are sub)act to Chapter 28-25. FAC. ... Density can bo increased beyond the base density lhrough the Affordable Housing Density Bonus or through the density blending provision, per policy 4.7_ .... - Those CRDs that Include single or multi-family residential uses shall include proportionate suppo~ services. 2. Town Design Criteria. [Reserved] 3. Village Design Criteria. [Reserved] 4. Hamlet Design Criteria. [Reserved] 5. CRD Design Criteria. [Reserved] 6. Design Criteria Common to SRAs. TALg528911.4 38 HAY 2 1 2003. TAI.~528911.4 Draft 5/7/2003 6:15 PM a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained in a predominantly naturally vegetated state. b. A minimum of 35% of the SRA land designated as Town or Village shall be kept in open space. c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely the h ,riods of ad ',ent FSA, HSA, WRA or Conservation Land Detention and control elevations shall bu established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. Best management practices shall include the following: (1)The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. (2) Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. Open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section 2.2.27.9.A.4.b. apply. f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. 7. Infrastructure Required. AN SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand as identified in Division 3.15 of the LDC. The level of infrastructure required will depend on the type of developmei engineering practices, and the requirements of this Section. HAY 21 2O03. Draft 5/7/2003 6:15 PM a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Division 3.15 of the LDC in effect at the time of SRA designation. b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. c. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, other special districts the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and wastewater treatment systems such as decentralized community treatment systems provided that they meet all applicable regulatory criteria. d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized community system are available. e. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. 8. Requests for Deviations from the LDC. The SRA Development Document may provide !or nonprocedural deviations from the LDC, provided ' a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District ulations an~ ;areceons~stent~;~with and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in Chapter 163.3177 (11), F.S. and 9J- 5.006(5)(L). K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 2.2.2710.L. Impact assessments shall be prepared in the following infrastructure areas: 1. Transportation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation or procedure, shall be prepared by the applicant as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. .~,.,EN~ nl~ Ne. , 40 MAY 2 1 2003 .60 TALg528911.4 TAL~52B911.4 Draft 5/7/2003 6:15 PM a. In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the extent applicable, the following issues related to the highway network: (1) Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard development; (2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and (3) Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products. b. The transportation impact assessment, in addition to considering the impacts on the highway system, shall also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable. c. No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in accordance with Division 3.15 of the LDC in effect at the time of SRA designation. 2. Potable Water. A potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either FAC Chapter 64E-6, for private and limited use water systems, or FAC Chapter 62-555 for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water proposed for potable water supply. 3, Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation. 4. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment and Disposal Systems, contained in State of Florida in Chapter 64E6, F.A.C. for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent ,"~"':--'-'-" disposal of waste products generated by the proposed treatment pro~~'~'~'''x~I~ ~ 4! 4A¥ 2.1 2O03. Draft 5/7/2003 6:15 PM 5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall identify the means and methods for handling, transporting and disposal of all solid waste generated including but not limited to the collection, handling and disposal of recyclables and horticultural waste products. The applicant shall identify the location and remaining disposal capacity available at the disposal site. 6. Stormwater Management. A stormwater management impact assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assessment shall, at a minimum, provide the following information: a. An exhibit showing the boundary of the proposed SRA including the following information: (1) The location of any WRA delineated within the SRA; (2) A generalized representation of the existing stormwater flow pattems across the site including the location(s) of discharge from the site to the downstream receiving waters; (3) The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties. b. A narrative component to the report including the following information: (1) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall; (2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-10 or its successor regulation; (3) If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed development; (4) The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed development and water quality treatment to be provided prior to discharge of the runoff from the site; and (5) If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 2.2.27.9.A.4.b. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, fire, and schools. Development phasing and funding mechanisms sh AGENDA I~.M TALg528911.4 42 MAY 2 1 2003 Draft 5/7/2003 6:15 Piti adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of the LDC. 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every five (5) years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, using one of the following methodologies: a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by Collier County. b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM") developed by the State of Florida or with Burchell et al., 1994, Development Assessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90% built out. The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. 4. Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. 2.2.27.11 . Baseline Standards. [Reserved] TAL~528911.4 43 HAY 21 2003 ORIGIN: Community Development & Environmental Services AUTHOR: D. Aaron Blair, Urban Design Planner DEPARTMENT: Planning Services LDC PAGE: Unknown at this time LDC SECTION: 2.2.33 - Bayshore Mixed Use Overlay District CHANGE: To make updates to the Bayshore Drive Mixed Use Overlay District REASON: The Community Redevelopment Agency (CRA) approved the recommendation by the Bayshore/Gateway Triangle Advisory Board to initiate phase two of the Bayshore Drive Mixed Use Zoning Overlay. The overlay for the Bayshore Drive corridor provides flexibility in uses and standards and provides an incentive for redevelopment along this corridor. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None Section 2.2.33 Bayshore Drive Mixed Use Overlay District**** HAY 2 1 2003. BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT BECCA AVENUE NAI~MAN ARECA AVENUE SEMi N Oq-[ AVENUE BARRETT AVENUE KElly PLAZA LEGEND DELETE THIS ,~AP AOE~A r MAY 2 INSERT NEW MAP BAYSHORE DRIVE ~ u~ ov~,J4¥ DI~IINCT LEGEND A~A m 2.2.33.6 Permitted uses. ***** b. Amusement and recreation services (groups 7911, 7991, 7999 tourist w. Public Administration (groups 9111-9199, 9229, 9224 fire protection, 9311,9411- 9451, 9511-9532, 9611-9611).******* repair shops and related services, not elsewhere classified (7699 antique repair and restoration, except furniture and automotive only, bicycle repair shops only, gunsmith shops only, rod and reel repair). y z. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289) z. aa. Shoe repair shops and shoeshine parlors (7251). aa2 bb. United States Postal Service (4311 except major distribution center). bb. cc. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). ee. dd. Videotape rental (7841) 2.2.33.2~ dr. ee. Residential with the following limitations: multi-family uses are permitted above commercial uses on lots fronting Bayshore Drive, no single family units are permitted on lots fronting Bayshore Drive Residential Subdistrict 3 (R3). The purpose of this district is to allow the development of mobile home, modular home, townhouses and single- family residences. All new development in this Subdistrict shall be compatible with the building patterns and faqade articulation of traditional neighborhood design. The intent is to create a row of residential units with consistent front yard set backs and access to the street. Development stand_ards for this Subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. 2.2.33.24.1 2.2.33.24.2 Permitted uses. The following uses are permitted as of right, or as uses accessory to permitted uses: a. Single -family dwellings. b. Modular homes c. Townhouses d. Mobile homes: As allowed by Section 2.2.10 of this Code unless. specified otherwise below. Minimum lot width: ~ Single-family: 40 feet. Modular homes: 40 feet. Townhouses 25 feet MAY 21 2.2.33.24.3 Mobile homes 40 feet. Yard requirements. The following yard requirements are in relation to the platted property boundaries. Front Yard At Min. Side Yard Min. Rear Yard One (Single) Family 10 feet 5 feet 8 feet Dwelling Units 10 feet 5 feet 8 feet Modular Dwelling Units 0 feet when Townhouse abutting another l0 feet 8 feet townhouse, if not then 5 feet. Mobile Homes 10 feet 5 feet 8 feet 223325 1 Residential Neighborhood Commercial Subdistrict (RNC). The purpose and intent of this Subdistrict is to allow limited home occupational businesses. Home occupations requirements set forth in Section 2.6.20, shall apply unless specified otherwise below. Development standards for the district are the same as those set forth for the residential Subdistrict 2, unless otherwise set forth below. The home occupations permitted include: Accounting (8721), auditing and bookkeeping (8721), barber shops and beauty salons (7231 except beauty culture schools, cosmetology schools, or barber colleges), engineer or architectural services (8713,8712,8711 ), insurance agents and brokers (6411), legal services (81 ! 1), and real estate agents (6531 except manufactured home brokers, on site; housing authorities, operating). The home occupation shall be clearly incidental to and secondary to the use of the dwelling for residential purposes and shall not change the character of the dwelling unit. The following conditions shall be met: There shall be a minimum of one residential dwelling unit. The resident of the home shall be the owner and operator of the home occupation. The home occupation shall not occupy more than 30 percent of the primary residential structure. The home occupation shall not employ more than t~ 'o ~ employees at any given time. MAY 21 2003. One wall sign shall be permitted provided it does not exceed 6 square feet in area, and shall not project more than 4 feet from the building on which the sign is attached. A total of 2 parking spaces shall be provided for clients or customers. Two additional parking spaces shall be provided for employees, if any. The required parking area or areas shall not be located in the front yard of the residence. Parking areas shall consist of a dust free surface such as; mulch, shell, or asphalt. A single row hedge at least 24 inches in height at the time of planting shall be required around all parking areas. There shall be no additional driveway to serve such home occupation. There shall not be outdoor storage of materials or equipment used or associated with the home occupation. 2.2.33.26. Reserved********* MAY 21 2003. ,,. ORIGIN: Community Development and Environmental Services AUTHOR: Kay Deselem, AICP, Principal Planner DEPARTMENT: Planning Services LDC PAGE: LDC 2:124.35 LDC SECTION: 2.3.16 CHANGES: To amend Section 2.3.16 to clarify the location of stacking spaces for drive thru restaurants REASON: The LDC current does not specify a specific number of stacking spaces that must be provided preceding the menu board or order window. During busy hours, vehicles back up preceding the menu board while waiting to place an order. The vehicle congestion does not occur between the order window and the pick up window. Parking lots and adjacent roadways and drives become congested with the overflowing vehicles, creating a potentially unsafe condition. FISCAL AND OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 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 bein serviced, r~,~. A minimum for re~ ~i~{h' drive-in windows, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (tums 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). MAY 2 1 2003. h\LDC_Amendments\LOC Cycle 1 - 2003~2.3.16 stacking KD.doc Page 1 of 1 last revised: 10/18/02 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Community Development & Environmental Services Division John Kelly Planning Services LDC2:133 2.3.19 To include the area to the front of loading docks and bay doors as loading space not to counted towards the off street parking requirements. To further clarify loading space None None None Amend the LDC as follows: 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. The areas immediately fronting any overhead door(s) shall not be counted towards meeting the off-street parking requirements of this Code. MAY 2 1 2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE(S): LDC SECTION: CHANGE: REASON: Community Development & Environmental Services Division Summer Brown, Environmental Specialist Code Enforcement 2:141 2.4.3.6 Amend pruning code to use the most recent "Standard Practices for Trees, Shrubs and Other Woody Plant Maintenance." To be able to enforce the pruning code with the most up to date National Arborist Standards. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.4.3.6. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 t l ~ t~ ,;~c,a~ of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). NAY 2 1 2003. ORIGIN: AUTHOR: LDC PAGE: LDC SECTIONS CHANGE: REASON: CODE ENFORCEMENT DEPARTMENT Michaelle Crowley, Code Enforcement Supervisor LDC2:179 and LDC2:181 2.5.6 (added new subsections) and 2.5.7.30. (amended) To add a new provision under the sign Code for illuminated "open" signs During a workshop with the Board of County Commissioners on 1/29/03, staff was given direction to amend the code to provide for one illuminated sign denoting the status of a business (Open vs. Closed) based on input from business owners and citizens. The Code currently prohibits businesses from erecting any illuminated signs inside an establishment that are intended to be seen from the outside. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Staff researched codes from other communities to determine how other communities addressed the issue at hand. We found, although similar prohibitions for illuminated signs (exposed neon) exist in other communities, none of them indicate any provisions for "open" illuminated signs. We believe that despite the prohibition most communities are not enforcing the regulation. The following community's sign codes were reviewed: Boca Raton, Florida City of Ft. Myers, Florida Indian River County, Florida Irvine, California Lee County, Florida City of Marco Island, Florida Martin County, Florida Mission Viejo, California City of Naples, Florida Palm Beach Gardens, Florida Royal Palm Beach, Florida San Fernando, California Sarasota, Florida Sunrise, Florida Winter Haven, Florida Of the 15 communities, only one community noted anything about "open/closed" signs. The City of Ft, Myers allows those signs to be displayed on a window but they cannot exceed two (2) square feet in size. They do not, however, prohibit neon signs. Of those communities that do prohibit neon signs (seven communities) one community vested existing neon and the other community included an amortization period. , , MAY 2 1 2003, In keeping with the sign regulations adopted by the Board of County Commissioners in !991 2000 the following revisions to the sign code are being recommended to provide for some signage for businesses to communicate to the general public their status of operation. Amend Section 2.5.6. Signs exempt from permitting as follows: 2.5.6.22. One sign indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said sign: (1) is not illuminated using exposed gas-filled glass tubing, (2) does not exceed 2.25 square feet in total size, (3) has a cabinet enclosed on all sides, and (4) includes a front panel that is clear or translucent. The only allowable illumination source(s) for said sign is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, or fiber optic light, but the illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a sign that would otherwise be prohibited by this Code. Amend Section 2.5.7. Prohibited Signs as follows: 2.5.7.30. Illuminated signs, neon or otherwise, installed inside businesses and intended to be seen from the outside. Signs that comply with the provisions of Section 2.5.6.22. of this code are exempt from this section. NAt' 2 1 2003. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:184.7 LDC SECTION: 2.6.4. Exceptions to required yards CHANGE: Modify the section allowing the encroachment of unroofed and unenclosed fire escapes, stairways and balconies into a required yard by specifying that this encroachment may not reduce any required separation between structures REASON: Allowing the unrestricted encroachment of fire escapes, stairways, and balconies into required yards could also have the unwanted effect of reducing the minimum separation between structures to the point where emergency access between the structures would be impeded. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 2.6.4. Exceptions to required yards. 2.6.4.1.4. Fire escapes, stairways, and balconies which are unroofed (except as otherwise permitted within this section) and unenclosed shall not project over five feet into a required side or rear yard and three feet into a front yard of a multiple-family dwelling, hotel or motel and not over three feet into a required front, side or rear yard of a single- family residential dwelling, Regardless of the extent of encroachment, the minimum requirement for separation of structures shall be maintained. MAY 2 1 2OO3- ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:184.8 LDC SECTION: 2.6.4.2 Minor after-the-fact yard encroachments CHANGE: Modifies the criteria for after-the-fact variances to address situations where mitigating circumstances are present and to take into account past action or construction for which the current property owner is not responsible. REASON: Under certain circumstances it is desirable that more flexibility be allowed to the ~ Services Director to approve certain minor after-the-fact variances, for which the current property owner is not responsible, and which would otherwise force a blameless property owner to resort to the time and expense of a formal variance petition. The proposed changes includes criteria describing these circumstances, and would mainly affect residential development other than multi-family. FISCAL & OPERATIONAL IMPACTS: These impacts would be minor. The proposed change would result in a decrease in fees for after-the-fact variance petitions, but would also result in less hours spent in staff research and preparation. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.4.2. Minor after-the-fact yard encroachments. 2.6.4.2.1. Minor after-the-fact encroachments may be approved administratively by the services director. For the purposes of this subsection, minor yard encroachments shall be divided into two, three classifications: Structures for which a buildim, oermit has been issued and is under re' but for which a certificate of occupancy has not been granted. T pl'~g services director may administratively appro, MAY 2 i minor after-the-fact yard encroachments of up to 5 percent of the required yard, not to exceed a maximum of 6 inches. For single-family, mobile/modular homes, duplex, and two-family dwelling units only, in the presence of mitigating circumstances, where the encroachment does not result from error or action on the part of the applicant, the planning services director may administratively approve encroachments of up to 25 percent of the required yard. Structures for which a buildlne permit and certificate of occupan or a final development order has been granted. The services director may administratively approve minor after-the-fact yard encroachments of up to ten percent of the required yard which requirement was in effect as of the date on which the certificate of occupancy or final development order was issued, not to exceed a maximum of two feet. For single-family, mobile/modular home, duplex, and two-family dwelling units only, the planning services director may administratively approve minor after-the-fact yard encroachments of up to 25 percent of the required yard which-requirement was in effect as of the date on which the certificate of occupancy or final development order was issued. Single-family~duplex~ and two-family dwelling units only for which no building permit record can be produced. Provided that all of the following criteria are met, the planning services director may administratively approve minor after-the-fact encroachments of up 25 percent of the required yard - the encroaching structure, or portion of the structure, was constructed prior to the purchase of the subject property by the current owner - evidence is presented showing that the encroaching structure, or portion of the structure, was constructed at least two (2) years prior to the date ot application for the administrative variance. This evidence may be in the form of a survey, property card, or dated aerial photograph clearly showing the encroachment. - the encroaching structure is either an addition of living area to a principal structure, or an accessory structure of at least 200 square feet in area - the encroachment presents no safety hazard and has no adverse affect on the public welfare - an after-the-fact building permit for the structure, or portion of the structure, is issued prior to the application for the administrative variance. The administrative variance will only be approved once all inspections have been completed, and the certificate of occupancy will be is, ,,nd nnc. g the administrative variance has been approved. lvfA¥ 2 1 2003. 20 ~3.Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet. Administrative variances approved pursuant to the above do not mn with the land in perpetuity and remain subject to the provisions of section 1.8.10 non-conforming structures. HAY 2 ~ 2003~ ORIGIN: Community Development & Environmental Services Division AUTHOR: John A. Yonkosky DEPARTMENT: Utility Billing and Customer Service LDC PAGE (S): LDC2: 188.3-LDC2:191 LDC SECTION: 2.6.15. Solid Waste Disposal CHANGE: Housekeeping changes have been made to clarify existing language and to organize into easy-to-read sections. Changes were also made to choice of type of garbage service. REASON: Utility Billing & Customer Service is requesting these changes to reorganize the sections of the LDC relative to trash collection requirements and to provide a process for contractors and builders to verify the number of containers required for coverage of multi-family projects prior to selection of type of garbage collection service. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Ordinance 90-30, as amended GROWTH MANAGEMENT PLAN IMPACT: NONE Amend the LDC as follows: 22 I:~LDC_Amendments~LDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG. doc5/13/2003 8: NAY 2 ! 2003 I:~LDC_Amendments~LDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG.doc5/13/2e ~-,EnOA nl~ No.., MAY' 2 1 2003, o.,'1£ A lk/I 2.6.15/I. requirzd u.., ica " . -~ · · '" shall a ........ cut, sial: County -- (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3; Ord. No. 98-63, § 3.D.; Ord. No. 00-92, § 3.D.) IALDC_AmendmentskLDC Cycle 1 - 2003\CCPC Revisons~2.6.15 garbage RG.doc5/13f A~WOA film MAY 2 1 2003. Code reference--Solid waste, ch. 118. Sec. 2.6.15. Solid Waste Collection and Disposal Pursuant to Ordinance No. 90-30, as amended, solid waste disposal shall be required in the form of bulk container service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by Collier County Utility Billing and Customer Service. Bulk container service shall be required for all multi-family projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all units on the Mandatory_ Trash Collection and Disposal roll. All individual units within a deed- restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted below. 2.6.15.1. Trash container location requirements. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet from the structure that it is intended to serve. All projects subject to the provisions of LDC Division 2.8 shall locate trash containers in accordance with the relevant provisions of that Division. 2.6.15.2. Access to trash containers. The access approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the adjacent travel lanes of any street. When backing maneuvers are required to permit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length adjacent to the container. 2.6.15.3 Container quantities. In the case of multi-family developments and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Billing and Customer Service to estimate the number and sizes of bulk containers needed. 2.6.15.4 Enclosure dimensions. Enclosures for dumpsters shall have minimum dimensions of 12 X 12 feet for each standard garbage dumpster contained ins 2.5 I:~LDC_AmendmentskLDC Cycle 1 - 2003\CCPC Revisonsk2.6.15 garbage RG.docS/13/2003 HAY 2 1 2003. equipped with gates, the clear opening dimension shall be a minimum of 12 feet, and the gates must be provided with a devise to hold them open. 2.6.15.5 Container screening. Except as noted below, all containers shall be screened on at least three sides from view of adjacent property owners and from adjacent streets on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on adjacent streets remains unobstructed. Screening may be exempted 1) in I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2) in A (Rural Agricultural) zoning in conjunction with a bona fide agricultural use; and 3) during construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of Division 2.8, trash enclosure walls or gates made of chain link or wood are not acceptable. 2.6.15.6 Compactors. Multi-family developments may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units (condominiums), compactor service may only be implemented by the developer prior to the sale of the fu'st unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family developments containing more than one structure, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to 3 X 12 feet. 2.6.15.7 Curbside pickup. The Utility Billing & Customer Service Director, or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi-family developments provided that the following criteria are met. Multi-family rental units must provide dumpsters or a compactor. Condominium developments may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service Department that 1) the subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part or- the development, 2) there is adequate access to facilitate curbside pickup, and 3) all individual units have an enclosed location other than the residential structure, such as a carport or garage, for the storage of individual solid waste containers. (Ord. No. 92-73, § 2; Ord. No. 94-58, § 3; Ord. No. 98-63, § 3.D.; Ord. No. 00-92, § 3.D.) Code reference--Solid waste, ch. 118. MAY 2 1 2003, I:~LDC_AmendmentskLDC Cycle 1 - 2003\CCPC Revisonsg?,.6.15 garbage RG.doc5/13/2003 8:26 AM ORIGIN: Community Development and Environmental Services Division AUTHOR: Doug Suitor, Senior Environmental Specialist DEPARTMENT: Environmental Services LDC PAGE: LDC2:192.2.7 LDC SECTION: Sec. 2.6.22 CHANGE: Incorporate all of the Manatee Protection Plan (MPP) land development requirements into the LDC; Clarify language to better reflect how staff currently applies existing code provisions. The intent of the proposed amendments are to reflect the existing MPP in the LDC and to ensure that the LDC is consistent with the BCC's policy direction contained in the MPP. REASON: These amendments allow the MPP, as it applies to proposed development activities, to be implemented through the application of the LDC. FISCAL & OPERATIONAL IMPACTS: The proposed amendments should reduce the fiscal impact to the regulated public in that there is now only the need to refer to one document (LDC). RELATED CODES OR REGULATIONS: LDC Section 2.6.21. Dock Facilities GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are consistent with the Conservation and Coastal Management Element Policy 7.2.1 Amend the LDC as follows: Sec. 2.6.22. Manatee protection. 1 Page 1 of 15 HAY 21 2003 April 18, 2003 Page 2 of l $ 7_.8 MAY 21 2003. 18, 2003 th ~ nn :q t ....c g 1 ......................... °-"%7 '-'* '.'_F' ........... 1" .... O", no-;,' April 18, 2003 2.6.22.1 Purpose and Intent. The purpose of this section is to specify_ regulations that provide for Manatee Protection consistent with the Collier County Manatee Protection Plan, as adopted by the Board of County Commissioners on May 23, 1995 and the County's current Growth Management Plan. In addition to other development criteria, this section provides for boat facility siting criteria and a rating system to determine maximum wetslip densities for regulated boat facilities. Boat facilities regulated by this section include wet slip marinas, boat yards with water access, and multi-slip residential facilities. Dry storage facilities are only considered if they have water frontage, and can legally obtain the capability of launching vessels into those waters. Multi-slip residential facilities include condominiums, mobile home park facilities, and neighborhoou facilities where boat mooring is concentrated in a common area, rather than individual docks located behind individual residences. Single-family docks are not considered a regulated boat facility for this section, except where otherwise noted, but shall conform to the requirements found elsewhere within the Land Development Code. 2.6.22.2 Applicability and Exemption Provisions Existing facilities and facilities that had state and federal permits prior to May 23, 1995, the date of the County's adoption of the Manatee Protection Plan, shall be exempt from this section. The applicability of the rating system described in 2.6.22.4 is to establish limitations on wetslip densities for proposed boat facilities, and restrictions on dry storage facilities and boat ramps. The rating system does not change a site's existing zoning classification and density provisions as otherwise provided for in the Land Development Code. 2.6.22.3 Location Restrictions. Boat facilities shall be prohibited in the areas identified in Figure 2.6.22.3.-1. specific criteria shall apply as follows: Further site 2.6.22.3.1 Clam Bay System. Boat facilities shall be limited to non-motorized vessels. Page 4 of l $ MAY 2 1 2003. April 1~, 2003 2.6.22.3.2 Wiggins Pass. The waters of the Wiggins Pass area are very shallow, on average less than 5 feet at Mean Lower Low Water (MLLW). Boat facilities within the Wiggins Pass system shall post signs noting the shallow depth of the Wiggins Pass system. 2.6.22.3.3 Port of the Islands. Shoreline development within the seawalled basin at Port of the Islands shall be restricted as follows: 1. Single family residential docks shall be restricted to one boat slip per 100 feet of shoreline or increments thereof with one boat slip allowed for single family property lots with less than 100 feet of shoreline, providing requirements of section 2.6.21.2.4 have been met. 2. Multi-family residential docks shall be restricted by allowing only parallel docking of vessels along the seawall. The amount of docks shall be based on this configuration and the proposed boat sizes. 3. The commercial marina shall be restricted to the total 175 slips currently permitted. If future demands exceed this number, additional slips may be permitted only after proving no further deleterious effects to manatees have occurred subsequent to the adoption of the Collier County Manatee Protection Plan. 4. These restrictions shall supercede the requirements of Section 2.6.22.4. Figure 2.6.22.3.-1 Boat Facili~_ Siting Maps MAY 21 2003. ,~lS P~e$~ April 18, 2003 Figure 2.6.22.3.-2 Boat Facility Siting Maps Figure 2.6.22.3.-3 Boat Facility Sitinv, Maps Marco Island Page 6 of 15 Boat Facilities Prohibited MAY 2 1 2003, April 18, 2003 Figure 2.6.22.3.-4 Boat Facility Siting Maps 2.6.22.4 Boat Facility Restrictions (Siting Criteria) The purpose of this section is to reduce the impact of allowed boat facilities on manatees and habitats by evaluating the water depth, native marine habitat, and manatee abundance at the proposed location. This evaluation will result in a Rating Designation that will identify allowable wet slip densities for proposed boat facilities, and restrictions on dry_ storage facilities and boat ramps. This evaluation is based on the site ratings outlined in 2.6.22.4.1. 2.6.22.4.1 Site Ratings A proposed boat facility site may receive a rating of Preferred, Moderate, or Protected based on Water Depth, Native Marine Habitat and Manatee Use as specified in Table 2.6.22.4-1: 2.6.22.4.2 Ability to Modi~ Moderate and Protected Ratings for Sites Having High Manatee Use If a potential boat facili _ty site is ranked as moderate or protected because of its proximity to a high manatee use area, its ranking can be increased one level of rating (i.e., Moderate to Preferred; Protected to Moderate) if new slow speed zones are established. The result of establishing the new slow speed zones will be to receive a "Not High" value in the Manatee Use Criteria contained in Table 2.6.22.4-1. The ranking would then depend on the values for water depth and native marine habitat criteria with a "Not High" value for the manatee use criterion. The new slow speed zones must be established for a five-mile on-water travel distanc at the boating facility. All state and federal approvals must be granted prior to post slow speed zones. The new slow speed zones must be posted prior to the issuance certificates of occupancy. The cost to post the new speed zones shall be borne by the Page 7of15 April 1~, 2003 2.6.22.4.3 Application of the Rating System for Evaluating a Potential Site 1. Adequate water depth in Collier County is considered to be greater than four (4) feet at Mean Low Water (MLW). Adequate water depth is required for the area of any proposed boat facility necessary to safely maneuver vessels and for at least one channel or other access waters located between the proposed boat facility and any adequate depth channel designated in the applicable figures in sections 2.6.22.4.3-1 through 5. If adequate water depth will be achieved by dredging, all necessary permits for dredging must be obtained prior to SDS' approval and the dredging must be completed prior to issuance of required certificates of occupancy.: 2. High manatee use areas are those areas where more than 20% of all the watercraft-caused manatee deaths in Collier County have been found within an on-water travel distance of five miles from the proposed boat facility. The Florida Fish and Wildlife Conservation Commission's manatee carcass recovery data shall be used to apply this criteria to a proposed boat facility. 3. Native marine habitats include seagrass beds, salt marshes, mangroves or other biologically productive submerged and shoreline habitats, which may be adversely affected or destroyed by dredging and filling activities. For shoreline vegetation such as mangroves, no impac.t means that no greater than five percent of the native marine habitat is disturbed. For sea grass beds, no impact means that no more than 100 square feet of sea grasses can be impacted. Page 8 of 15 MAY 2 1 2003 Figure 2.6.22.4.- 1 Adequate Water Depth Maps ~.er Turkey 0.15 0.3 Page 9 of 15 NAY 2.1 2003. April 18, 2003 Figure 2.6.22.4.-2 Adequate Water Depth Maps 4~15~03 DO, 0.25 0.5 1 Miles Page 10 of 15 MAY 2_1 2003. ,,,.q~ . Figure 2.6.22.4.-3 Adequate Water Depth Maps 4-15-03 April 18, 20O3 Gordon Pass 0.5 I Page 11of15 HAY 2r 1 2003- April ~, 2005 Figure 2.6.22.4.-4 Adequate Water Depth Maps Marco Caxambas Page 12 of 15 1 2 4 Mil~ I NAY 2 I 2003. Figure 2.6.22.4.-5 Adequate Water Depth Maps April 18, 2003 Chok I Miles Page 15of15 MAY21 April 18, 2003 2.6.22.4.4 Facility Restrictions for Rating Categories Facility restrictions for the Preferred Site, Moderate Site and Protected Site categories are provided below. New or expanded facilities are considered as those that were not in existence on May 23, 1995, the date of the County's adoption of the Manatee Protection Plan. 1. Preferred Sites a. Allowable Wet Slip Densities: New or expanded facilities shall be allowed at a density of up to 18 boat slips for every 100 feet of shoreline. b. Dry_ Storage Facilities: Expansion of existing and construction of new facilities shall be allowed. c. Boat Ramps: Expansion of existing and construction of new ramps shall be allowed. 2. Moderate Sites a. Allowable Wet Slip Densities: New or expanded facilities shall be allowed at a density of up to 10 boat slips for every 100 feet of shoreline. b. Dry_ Storage Facilities: Expansion of existing facilities shall be allowed, construction of new facilities shall be prohibited. c. Boat Ramps: Expansion of existing ramps shall be allowed, construction of new ramps shall be prohibited. 3. Protected Sites a. Allowable Wet Slip Densities: New or expanded facilities shall be allowed at a density of up to 1 boat slips for every_ 100 feet of shoreline. b. Dry Storage Facilities: Expansion of existing and construction of new facilities shall be prohibited. c. Boat Ramps: Expansion of existing and construction of new ramps shall be prohibited. Table 2.6.22.4-1 Boat Facility Sitin~ Criteria Water Depth Native Marine Manatee Use Habitat Greater Less Than No Impact Impact Not High High Ilaan 4',4' MLW VILW Preferred X_ X_ X_ Moderat.e X __. X Moderate X X X Moderate X X X ~rotected X X_. X_. Protected X_ X X Protected X X X ,~C~.~A ~'w~ Protected X X X ~ 2 1 2003. Page 14 of 15 April 18, 2003 2.6.22.5 Manatee Awareness and Protection Plan Prior to final development order approval for all boat facilities, a Manatee Awareness and Protection Plan shall be submitted and address the following: 1. Education and public awareness. 2. Posting and maintaining Manatee awareness signs. 3. Information on type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 2.6.22.6 Site Development Plan Requirements The following shall be provided on the site plan: 1. Manatee Awareness and Protection Plan. 2. Proposed boat facility rating as determined bY Table 2.6.22.4-1. 3. Environmental data used to support proposed boat facility rating (native marine habitat impacts, manatee use areas, water depths). 4. Site rating calculations showing allowance for the proposed number of boat slips. 5. Details of the manatee awareness signs, slow speed signs, or other signage proposed. Page 15 of 15 2003. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:208.1 LDC SECTION: 2.6.33.3 Temporary construction and development permits CHANGE: Add provisions to allow construction offices (trailers) in single-family developments, and for individual single-family lots under certain circumstances REASON: There is currently no provision in the Code which specifically allows a construction trailer within a single-family development, or on an individual single-family lot. The proposed change acknowledges that there are circumstances under which this use would be necessary and appropriate, and defines these circumstances. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.6.33.3. Temporary construction and development permits. During the construction of any development for which at least a preliminary development order has been granted, as required below, the developer may request a temporary use permit for the below-listed activities. The temporary use permit shall be granted initially for a period not to exceed 24 months in duration and may be renewed annually based upon demonstration of need and payment of fee. A request for renewal shall be submitted to the planning services director in writing 30 days prior to the expiration of the temporary use permit. Temporary construction and development permits shall be allowed for the following uses: 1. Temporary offices to be used for construction, and administrative functions within the development. single-family residential Permits for temporary offices for _ developments may be issued under the following circumstance ACi~.NDA I'11~ MAY 21 2003. ao bo co Where the same developer or licensed building contractor performing the work has obtained a valid building permit to construct three or more homes in the same development. Where a developer, owner-builder, or licensed building contractor performing the work has obtained a building permit for the construction of one single-family home which exceeds 2,500 square feet of air conditioned floor area and that a letter of justification of need is submitted to, and approved by, the Planning Services Director (limited to one office). The temporary_ offices shall be removed within 30 days of the issuance of a certificate of occupancy for the last home to have been issued a building permit. MAY 21 2O03. lOC) ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: Planning Services LDC PAGE: to be determined once the LDC is codified to include Ordinance 03-01 LDC SECTION: LDC 2.7.16. CHANGE: Add an applicability provision for the cancellation of a rezoning REASON: A change to the LDC was adopted in second LDC amendment cycle in 2002 that established a processing time after which time a languishing petition could be deemed closed. The applicability for that provision was not clearly established. This change will clearly establish the applicability of that provision. The same provisions is proposed for PUDs, Conditional Uses, and Variances and A similar amendment was adopted to address the time allotments for rezoning and PUD petitions as part of the second cycle of 2002 LDC amendments. FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record keeping and allow better space management by Current Planning Staff RELATED CODES OR REGULATIONS: LDC Sections 2.7.3.9 (PUD), 2.7.4.11 (Conditional Use), 2.7.5.15 (Variance)--(pending this cycle GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.7.2.16.1. Applicability. All applications for a rezoning whether submitted before or after the effective date of this ordinance, shall comply with the processing time procedures set forth in section 2.7.2.16 of this code. I:\LDC_Amendments\LDC Cycle I - 2003~2.7.2.16. RZ processing time KD.doc 2] 2003. ri. lO~ ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: Planning Services LDC PAGE: unknown, pending the LDC codification to include Supplement 14 changes LDC SECTION: LDC 2.7.3.4.1.A. CHANGE: Correct an omission REASON: The last amendment to this section was supposed to restate the sunsetting requirements for PUD projects approved prior to October 24, 2001. A critical percentage figure clause was inadvertently omitted in the document. This amendment will correct that omission. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: A. Obtain approval for improvements plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master Plan or other development orders for at least 15 percent of the gross land area of the PUD site every_ five years from the date of approval by the board of county commissioners; and I:\LDC_Amendments\LDC Cycle I - 2003~2.7.3.4.1 to fix error in PUD KD.doc MAY 2 2003. ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: Planning Services LDC PAGE: to be determined once the LDC is codified to include Ordinance 03-01 LDC SECTION: LDC 2.7.3.9. CHANGE: Add an applicability provision for the cancellation of a rezoning REASON: A change to the LDC was adopted in second LDC amendment cycle in 2002 that established a processing time after which time a languishing petition could be deemed closed. The applicability for that provision was not clearly established. This change will clearly establish the applicability of that provision. The same provisions is proposed for PUDs, Conditional Uses, and' Variances and A similar amendment was adopted to address the time allotments for rezoning and PUD petitions as part of the second cycle of 2002 LDC amendments. FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record keeping and allow better space management by Current Planning Staff RELATED CODES OR REGULATIONS: LDC Sections 2.7.2.16 (Rezoning), 2.7.4.11 (Conditional Use), 2.7.5.15 (Variance)--pending this cycle GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.7.3.9.1. Applicability. All applications for a PUD rezoning or an amendment to an Existing PUD document or PUD master plan whether submitted before or after the effective date of this ordinance, shall comply with the processing time procedures set forth in section 2.7.3.9 of this code. I:\LDC_Amendments\LDC CycLe 1 - 2003~.7.3.9 PUD processing time KD.doc MAY 21 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: Planning Services LDC PAGE: LDC 2:251 LDC SECTION: LDC 2.7.4.11 CHANGE: Add a provision for the cancellation of a conditional use petition submitted and under review if response to staff comments has not been received within six months of the date on which the comments were sent to the applicant. REASON: Currently, a conditional use petition may remain "open" and supposedly under review pending response to staff comments, for an indeterminate length of time. Petitions can languish for months or years with no action from the applicant or the agent. Staff is required to keep the records until such time as the petitioner decides to resubmit something to the county. In the meantime, the regulations and surrounding development can change, requiring more staff time to re-review the application based upon current conditions. Staff believes six months is an adequate amount of time for the applicant to prepare a response to the reviewers' comments. A similar amendment was adopted to address the time allotments for rezoning and PUD petitions as part of the second cycle of 2002 LDC amendments. FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record-keep- ing and allow better space management by Current Planning Staff RELATED CODES OR REGULATIONS: LDC Section 2.7.2.16 (adopted in 2002) and LDC Section 2.7.5.15 (pending this cycle) GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.7.4.11. Conditional Use application processing time. An application for a conditional use will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a conditional use will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary_ information to continue processing or otherwise actively pursue the conditional use, for a period of six (6) months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department will notify the applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and g determination of "sufficiency". Further review of the request will be subject to the then cu h\kDC_Amendments\LDC Cycle 1 - 2003~2.7.4.11 CU processing time KD.doc 'rent, ode. MAY 2 1 2003 2.7.4.11.1. Applicability. All applications for conditional use whether submitted before or after the effective date of this ordinance, shall comply with the processing time procedures set forth in sectiOll 2.7.4.1 1. of this code. h\LDC_Amendments\LDC Cycle I - 2003~.7.4.11 CU processing time KD.doc NAY 2 1 2003. ORIGIN: Community Development & Environmental Services Division AUTHOR: Kay Deselem, AICP DEPARTMENT: Planning Services LDC PAGE: LDC 2:252:2 LDC SECTION: LDC 2.7.5.15 CHANGE: Add a provision for the cancellation of a variance petition submitted and under review if response to staff comments has not been received within six months of the date on which the comments were sent to the applicant. REASON: Currently, a variance petition may remain "open" and supposedly under review pending response to staff comments, for an indeterminate length of time. Petitions can languish for months or years with no action from the applicant or the agent. Staff is required to keep the records until such time as the petitioner decides to resubmit something to the county. In the meantime, the regulations and surrounding development can change, requiring more staff time to m-review the application based upon current conditions. Staff believes six months is an adequate amount of time for the applicant to prepare a response to the reviewers' comments. A similar amendment was adopted to address the time allotments for rezoning and PUD petitions as part of the second cycle of 2002 LDC amendments. FISCAL & OPERATIONAL IMPACTS: Implementation would reduce unnecessary record-keep- ing and allow better space management by Current Planning Staff RELATED CODES OR REGULATIONS: LDC Section 2.7.2.16 (adopted in 2002) and LDC Section 2.7.4.11 (pending this cycle) GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 2.7.5.15. Variance application processing time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance, for a period of six (6) months. An application deemed "closed" will not receive further processing and shall be withdrawn and an application "closed" through inactivity shall be deemed withdrawn. The Planning Services Department will notify the applicant of closure, however, failure to notify_ by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a fiotorrnlnaticm c~f "sufficiency". Further review of the request will be subject to the then current code. ! AC, ENOA iff:at I:\LDC_Amendments\LDC Cycle I - 2003~2.7.5.15 var processing time KD.doc HAY 2 1 2003. 2.7.5.15.1 Applicabili~. All applications for a variance whether submitted before or after the effective date of this ordinance, shall comply with the processing time procedures set forth in section 2.7.5.15. of this code. %O I:\LDC_Amendments\LDC Cycle I - 2003~..7.5.15 var processing time KD.doc ~4AY 2 1 2003 ,,,.! 07 ORIGIN: CDES Division AUTHOR: Jennifer Moser, GIS Analyst and Daniel J Regan, PSM DEPARTMENT: Graphics LDC PAGE: LDC3:30.1 LDC SECTION: 3.2.8.2. - Subdivision Plans CHANGE: Need to change the wording for clarity REASON: We need to ensure plans are submitted digitally in the same geographic coordinate system used by the county. We cannot provide that data to the public. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced costs by not having to call engineers and tell them that their digital submittal is incorrect. RELATED CODES OR REGULATIONS: Division 3.2 Subdivisions 3.2.8.2. Subdivision plans submission requirements. The subdivision plans shall be prepared on 24-inch by 36-inch sheets and well as being digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter 61G 17 of the Florida Administrative Code ~ Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc ) .n2~ '-~ .... ~.~..:~ :~^ ..~ r,_~..~ ~ ~.~o £urvey AGr:aOA ITEM MAY 21 20O3. REVISED following 3/19/03 DSAC meeting REVISED following 4~30/03 CCPC meeting ORIGIN: Transportation Division Pathways Advisory Committee AUTHOR: Diane Flagg, Director Pathways Advisory Committee DEPARTMENT: Alternative Transportation Modes LDC PAGE: LDC 3:36 and LDC 3:37 LDC SECTION: 3.2.8.3.17 CHANGE: Increase width of sidewalk; take out definition of bicycle path REASON: Safety FISCAL AND OPERATIONAL IMPACTS: Increases sidewalk width by 24 inches on collector and arterial streets; increases sidewalk width 12 inches on local streets; increases sidewalk cost by 17% to 25%. RELATED CODES OR REGULATIONS: 3.2.8.4.14 GROWTH MANGEMENT PLAN IMPACT: None 3.2.8.3.17. Sidewalks and bike lanes ~"'~ ~.:t.~ -. ........ -s ....... ......... parka. The developer .~,,m ~. ...... :-~,~ must construct sidew~ks~ ~;~-.~ ..... v~_o,"o and bike lanes where applicable, as described e ow~ unless .................v ....................... ~ ................. Applicability: For all districts, Ssidewalks.~."' ~';~,~..-~ .... r....~*~'~ and bike lanes o..,~.,~'~u must be constructed contiguous to public and private roadways, which are adjacent to and/or internal to the site, in conformance with the follc;;Sng criteria described below.unle:a Bike lanes sS~C! must be provided on both sides of collector and arterial streets 0;~ ight ..... ~, ............................... Sidewalks o.. e feet in width or ~';~ .... "~' ....... ,~,-: .... :,~,.~ ~,..u must be provided on both sides of collector and arterial streets. AGENDA nl~ HAY 21 20O3 3. Sidewalks ~- u:t. .... u~ ....... v ..... ~qve six feet in width, ou.,, must be provided on both sides of local streets. ~ For multi-family site development and site improvement projects, districts RMF- 6, RMF-12, and RMF-16 and all multi-family residential components of PUD districts; sidewalks, six feet in width, must be provided on both sides of local streets with a dedicated public fight-of-way or roadway easement. Where there is no public fight-of-way or roadway easement, sidewalks must connect on-site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the fight-of-way line in accordance with Code standards contained herein. Should a two-directional shared use path be utilized, the minimum paved width must be 10 feet. 5.~All sidewalks, k:v .... uA and bike lanes along public and private roadways must be constructed in accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of this Code. MAY 2. 1 2O03 n. :7.6. Developments providing interconnections to existing and future developments --pursuant to the density rating system section of the Collier County growth management plan's future land use element, :,k~2! must include sufficient right-of- way to accommodate the roadway, sidewalks,._..^- ~':~,~....~ .... v-,-~*h° and bike lanes, where required, g-ik-epaO~ B__~ike lanes and sidewalks shall must be constructed concurrently with the roadway interconnection. I~.7. Where planned right-of-way improvements by the County Transportation '-Division scheduled in the capital improvements program (CIP) would cause the removal of any s]dewalks~ or bike lanes .....:.~ ~... ,~.:o ,",^.~ .... :,~.:~ p~jeet46-i6-sq~d, the developer, in lieu of construction of the required sidewalks/bik:path~ and bike lanes, sh~Jl must provide funds for the cost of sidewal~ and bike lane construction as defined by the Schedule of Development of Review and Building Permit Fees into a pathway fund ~ ~--, *~, ........ -*~*:~'-~e v:~ -- ...... ~ for future construction of required sldewalks/b' .... :~ .... v ..... *~'~ and bike lanes, by the county. The time frame for this funding option is two years from the date of issuance of the first building permit to the date that the road construction is required to be bid. AC~.~A nl~ MAY 21 2003, ,.,. ti~ ORGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: REVISED following 4/9/03 CCPC meeting Transportation Division Diane Flagg; Pathways Advisory Committee Alternate Transportation Modes LDC 3:48 & 3:49 3.2.8.4.14 Change construction material to concrete for sidewalks. Safety FISCAL & OPERATIONAL IMPACTS: Cost of maintenance reduced. RELATED CODES OR REGULATIONS: 3.2.8.3.17 3.2.8.4.14 Sidewalks ~-'~ ~" .... t.~ All sidewalks,...,~n-a ~.;t. .... ~.~ shall be cons~cted of Po~l~d cement concrete, ~r ,u~ ~.~, .... u~, ~;~ ..... ~ Iccadcn: ~llu:tratc~ cn the st~d~d dght-of-way cross sections contorted in appendix B in locations illustrated on ~ approved site development pl~. Concrete sidewalks ~4&-epa~m shall be four-inch-thick, Portland cement concrete with a 28-day compressive strength of 3,000 psi. Expansion joints shall be one-half-inch preformed bituminous conforming to the latest edition of ASTM. Contraction joints shall be saw-cut joints with longitudinal spacing equal to the width of the walk. The saw cut depth shall equal or exceed one-forth the concrete thickness. All workmanship materials, methods of placement, curing, forms, foundation, finishing, etc. shall be in conformance to the latest edition of FDOT Standard Specifications for Road and Bridge Construction, section 522. HAY 21 20O3- 4-2__ All ~ bike lanes shall be designed, constructed, and signed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements.ba;'e s:gnage MAY 2 1 2003. ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC3:68 LDC SECTION: 3.3.3. Applicability CHANGE: To exempt neighborhood parks, as defined by Division 6.3 (see amendment to Div. 6.3 Definitions), from the provisions of Division 3.3. which require submittal of a Site Development Plan (SDP) and from Division 2.4.7. concerning minimum landscaping buffering between uses. A conceptual site plan review process is proposed as the alternative to the more extensive and lengthy SDP process. REASON: The minimal improvements required for a neighborhood park, as defined in a separate amendment, are not sufficient to require a Site Development Plan or Site Improvement Plan. The proposed change would allow review of these projects in the minimum amount of time and at the least expense to the County and the taxpayers. As to the deviation from landscaping, there is a recognized health, safety, and welfare concern in certain instances that justifies the deviation. FISCAL & OPERATIONAL IMPACTS: None: the fee for review of a Conceptual Site Plan would be commensurate with the time spent in reviewing the project RELATED CODES OR REGULATIONS: Division 6.3, proposed definition of "park, neighborhood" GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: 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: l) Single-family detached and two-family housing structure(s) on a lot(s) except as otherwise provided at section 2.6.27 (cluster development). 2) 3) 4) 5) 6) 7) Underground construction; utilities, communications and similar underground construction type activities. 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. 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. Model homes and sales centers, except as otherwise provided by section 2.6.33. Project entryway signs, walls, gates and guardhouses. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation or manual watering system is required). For the purposes of review fees only, this plan shall be treated as a Conceptual Site Development Plan, and the applicable review fee shall apply. a) Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in Section 2.4. The planning services director will determine, on a case-by-case basis, whether such deviation is necessary_. This determination will be made upon a request for determination from the Applicant, which must include all reasons that would justify the deviation. The planning services director will use factors including, but not limited to, the following when making a determination for deviation: 1. The geographic location of the neighborhood park; 2. The affects that a lack of buffering will have on neighboring uses; and The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. 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 (with the exception of #7a listed above), tn e ~,C.,EnOA iTEM 21 20l~. 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.) NAY 21 2003- ORIGIN: CDES Division AUTHOR: Jennifer Moser, GIS Analyst and Daniel J Regan, PSM DEPARTMENT: Graphics LDC PAGE: LDC3:68 LDC SECTION: 3.3.7.1.2. - Site Development Plans CHANGE: Need to change the wording for clarity REASON: We need to ensure plans are submitted digitally in the same geographic coordinate system used by the county. We cannot provide that data to the public. FISCAL & OPERATIONAL IMPACTS: The fiscal impact to the County will be reduced costs by not having to call engineers and tell them that their digital submittal is incorrect. RELATED CODES OR REGULATIONS: Division 3.3 Site Development Plans 3.3.7.1.2 Site Development plans. A site development plan prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale as well as being digitally created on one or more CDROM disks. All data shall be delivered in the North American Datum 1983/1990 (NAD83/90) State Plane coordinate system, Florida East Projection, in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in accordance with Chapters 177 and 472 of the Florida Statutes. All information shall meet Minimum Technical Standards as established in Chapter of the Florida Administrative Code m~,~ ~;~:,n~ ,~,,,~ ,~ ~,.... ~$:{~ 61G17 ....... ~ ~ ' ,"m ~: .... :~ ..... c ~a ~ ~, Files shall be in a Digit~ Exch~ge File (D~) format; info~ation layers sh~l have co~on na~ng conventions (i.e. dght- of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). All plmn: GO MAY 21 2003 ri. il7 ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): 3.78.1 LDC SECTION: 3.3.9 Amendments CHANGE: Addition of criteria for an Insubstantial Change to an approved Site Development Plan (SDP) REASON: An Insubstantial Change to an SDP was previously identified only indirectly in relation to a substantial change, that is, one where the scope of the work is sufficient to require an SDP Amendment and the extensive review that such an amendment entails. The proposed LDC amendment clearly defines an Insubstantial Change, and provides criteria which will allow staff to be more objective in determining which of these vehicles would be appropriate in relation to the scope of the work. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Sec. 3.3.9. Amendments,and insubstantial changes Any proposed change or amendment to a previously approved site development plan shall be subject to review and approval by the planning services director. Upon submittal of a plan clearly illustrating the proposed change, the planning services director shall determine whether or not it constitutes a substantial change. In the event the planning services director determines the change is substantial, the applicant shall be required to follow the review procedures set forth for a new site development plan. A substantial change, requiring a site development plan amendment, shall be defined as: 2.2.9. I. Aany change which substantially affects existing transportation circulation, parking or building arrangements, drainage, landscaping, buffering, identified preservation/conservation areas and other site development plan considerations_.; er c ......... ;,~ ~ .... ~ ..... + pl The plying se~ices director shall evaluate ~e proposed change in relation to the follo~ng criteria; for p~oses of this section, ~e insubst~tial change proced~e shall be acceptable where the following conditions exist Fith respect to the propose ch~ge: 1. There is no South Florida Water M~agement Dis~ict pe~it, or le~er of modification, needed for the work ~d ~ere is no impact on water m~agement as dete~ined by the Engineering Director. There is no new access proposed from any public street however minimal right-of-way work may be permitted as determined by the Transportation Planning Director. o There is no addition to existing buildings (air-conditioned space) proposed however a maximum area of 300 square feet of non-air-conditioned space used for storage, or to house equipment, will be permitted. There is no proposed change in building footprint or relocation of any b~ilding on site beyond that needed to accommodate storage areas as described in number 3 above. 5. The change does not result in an impact on, or reconfiguration of, preserve areas as determined by the Environmental Services Director. 6. The change does not result in a need for additional environmental data regarding protected species as determined by the Environmental Services Director. The change does not include the addition of any accessory structure that generates additional traffic as determined by the Transportation Planning Director, impacts water management as determined by the Engineering Services Director, or contains air-conditioned space _The change does not trigger the requirements of Division 2.8 as determined by t_he planning services director. e There are no revisions to the existing landscape plan that would alter or impact the site plan (as opposed to only the landscape plan) as determined by the landscape architect. (Ord. No. 99-6, § 3.H, 1-27-99) HAY 2 1 2003 May 12, 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist; Bill Lorenz, Environmental Services Director. DEPARTMENT: Environmental Services LDC PAGE(S): 3:101 - 3:104.8 LDC SECTION: 3.5.7. Construction requirements for the construction of excavations; and 3.5.10. Performance Guarantee requirements; Add section 3.5.11. Littoral Shelf Planting area. CHANGE: The proposed amendment increases the required littoral plantings from 2 percent to 7 percent. The change also revises the current definition of the littoral zone to that of a Littoral Shelf Planting Area (LSPA) and provides more detailed criteria addressing the LSPA's location, elevations, configuration and plant selection. Signs posting the boundary of the area are now required and specific information must be included in the required plans. Native plants that recruit into the LSPA will now count towards the long-term coverage requirement. Criteria are also provided to address out of compliance conditions for existing lakes and for reviewing amended plans. The current performance guarantee for the plantings has been eliminated as well as the requirement for compensating littoral areas for bulkheads. The LSPA for multiple lake systems is encouraged to be consolidated at a single location without increasing the required area as is now required. REASON: Many littoral zone planted areas are not surviving. The current definition of Littoral Zone is very restrictive and in some areas with altered ground water conditions may not support wetland plants. The proposed changes include a better definition of a littoral shelf and are intended to provide better design and operational standards to increase the success rate of required littoral zone planted areas in excavated lakes. Also, the LDC must require a planted littoral shelf equal to at least 2.5 percent of a stormwater pond's area to be consistent with the recently adopted Conservation and Costal Management Element (CCME) Policy 6.1.6. HSCAL & OPERATIONAL IMPACTS: The cost of planting the LSPA is directly proportional to the required size of the LSPA. The average planting cost is approximately $10,000 per planted acre. A 100-acre residential development will typically require 15 acres of stormwater lakes that in turn will now require a 1.1-acre LSPA at a cost of $11,000. This compares to $3,800 using the CCME Policy requirements of 2.5 percent of the lake area. Setting aside additional area for the LSPA may require additional area around an excavation to be set aside or may reduce the amount of fill material that is used from the excavation thus requiring additional material to be hauled from off-site. Staff estimates that the quantity of material left in the excavation is roughly 600 cubic yards per a 1-acre stormwater pond. In the 100-acre residential development example costs of this fill equates to $72,000 ($8 per cubic yard) or $240 per unit assu Page 1 of 9 direct ~ing ~ ~ HAY 21 2003. May 12, 2003 density of 3 units per acre. The amendments will not increase staff review time or administrative costs. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: CCME Policy 6.1.6 requires wet detention ponds to have a littoral shelf with an area equal to 2.5 percent of the pond's surface area. Therefore, the proposed LDC requirements shall be at least 2.5 percent. The adopted requirement for the Rural Fringe area is 30 percent, but is not yet in effect. Amend the LDC as follows: 2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide 3.5.7.2.5. a littoral shelf planting area in accordance with section 3.5.11. 3.5.7.2.4. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site development review director, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length, but Page 2 of 9 May 12, 2003 o 3.5.7.2.65. Page 3 of 9 No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the development services director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 3.5.7.2.4. ~xll)A I~M G 5 May 12, 2003 3.5.7.3.2. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least six feet below the mean ann',:~d lc,':; water teq~4 dry_ season water table. 3.5.7.8. Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be at a minimum ratio of two to one. .... +~ ~. ,~.~ ~t.~ ~:~.~ .... c~m,.. Littoral shelf areas must conform to section 3.5.11. Riprapping must extend down to the slope breakpoint required by section 3.5.7.2, LDC. The lake shall have protective barriers to prevent vehicular access where necessary. e. The lake shall meet all of the design requirements of section 3.5, LDC. 3.5.7.9. Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to project plan review for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.5.11.3. Failure to comply with the permit requirements shall be cause for the development services director to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change, including an illustrated as-built as per the excavation permit, to any approved excavation shall be submitted in writing to project plan review and to the development compliance department. Page 4 of 9 MAY 2 1 2003. May 12, 2003 3.5.7.10.11. Littoral zone plantings must conform to subsection 3.5.7.2.5.11. Sec. 3.5.10. Performance guarantee requirements. 3.5.10.2. The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the requirements of section 3.5.11 bs are completed in accordance with this division. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the development services director. Sec. 3.5.11 Littoral Shelf Plantine Area (LSPA). The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within an excavated lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. 3.5.11.1 Design Requirements. 3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary_ within the County and are as follows: a. Rural Fringe Mixed Use District - Reserved; b. All other areas - 7 percent. 3.5.11.1.2 Location Criteria. Unless otherwise allowed for, the LSPA shall be concentrated in one location of the lake(s), preferably adjacent to a preserve area, in order to maximize its habitat value and minimize maintenance efforts. Multiple locations for meeting the LSPA area requirement within a single lake shall be allowed as long as a single LSPA is no smaller than 1,000 square feet. Whenever possible, the LSPA should be located away from residential lots in order to avoid maintenance and aesthetic conflicts with residential users, and the LSPA should be located adjacent to control structures or pipe outlets or inlets in order to maximize water quality benefits. the LSPA shall be located no closer than 20 feet from any Page 5 of 9 HAY 2 2003 ~ay 12, 2003 intake so as to not impede flow. If the LSPA is located around a discharge structure, the 20-foot setback shall extend waterward of the discharge structure to a point in the center of the lake. For interconnected lake systems, the total required area of the LSPA for all lakes may be configured within a single lake and at one location. 3.5.11.1.3 Shelf Elevation. The design elevation(s) of the LSPA shall be determined based on the ability of the LSPA to function as a marsh community and on the ability ot selected plants to tolerate the expected range of water level fluctuations. Generally, marsh communities in this area have a hydroperiod of between 6 and 10 months. Wet seasonal water levels range from 12 to 24 inches above ground elevation. Dry_ seasonal water levels are 6 inches below ground elevation for an average year and 46 inches below ground elevation for a 1 in 10 year drought. The design of the shelf may deviate from these reference values if site-specific data and information is presented that supports the proposed elevations. 3.5.11.1.4 Shelf Configuration. The LSPA shall be designed so that the slope of the shelf is as flat as possible. An undulating bottom allowing for shallow pooling during the dry_ season is encouraged. Shelves may be terraced to provide for varying elevations for different plant species. The area requirements specified in 3.5.11.1.1 shall only be satisfied by those areas planted on a shelf that has an average slope of 8:lor flatter. Shelves having undulating bottoms and terraced configurations shall be deemed to meet the slope requirements if the average slope across the shelf is 8:1 or flatter. 3.5.11.1.5 Plant Selection and Specifications. Plants shall be selected based on the expected flooding durations, maximum water depths, and expected salinity concentrations for which the selected plants can survive. The LSPA shall be initially planted with at least three different species of native, nursery grown or otherwise legally obtained vegetation. No species shall constitute more than 50 percent of coverage, and at least one species shall be herbaceous. Spacing shall be no more than: 20 feet for trees; > feet for shrubs; and 36 inches on center for herbaceous plants. At the time of planting, minimum size shall be: 3 gallon (minimum 4 feet high) for trees; 1 gallon for shrubs and 12 inches for herbaceous plants. Clustering of plants shall be allowed to provide for scattered open areas as long as the open areas do not constitute more than 20 percent ot the required shelf area and the elevations of the open areas are at least a foot deeper than the surrounding planted area. 3.5.11.1.6 Posted area. The boundary of the LSPA shall be posted with appropriate signage denoting the area as a LSPA. Sign(s) should note that the posted area is a Littoral Shelf Planting Area that provides ecological benefits to the area and contains specific instructions to ensure that the planted area will not be subjected to herbicidal treatments or other activities that will kill the vegetation. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and, otherwise comply with Section 2.5.6. A minimum of two signs shall be provided to mark the extent of the LSPA. Maximum sign spacing shall be 150 feet. Page 6 of 9 MAY 2 2003 May 12, 2003 3.5.11.1.7 Required Information. The Planting Plan for the LSPA shall provide the following information: 1. Calculation table showing the required area (square feet) for the LSPA and its percentage of the total area at control elevation (NGVD); 2. Control Elevation (NGVD) and Dry Season Water Table (NVGD); 3. Maximum water depth (feet) and estimated number of months of flooding for the range of planted elevations within the LSPA; 4. A plant list to include the appropriate range of elevations for each specified plant species, spacing requirements, and plant size; 5. Planting locations of selected plants. 3.5.11.2 Operational Requirements: Littoral Shelf Planting Areas shall be maintained according to the following requirements: 3.5.11.2.1 Eighty percent vegetative coverage of the LSPA is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit within the LSPA will be counted towards this coverage requirement except as required per section 3.5.11.2.2. The LSPA must be kept free of refuse and debris. 3.5.11.2.2 Prohibited exotics and nuisance species shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides. Prohibited exotics are those species as listed in Section 2.4.4.12. For the purpose of this section, nuisance species include those species listed as Class I and Class II Prohibited Aquatic Plants specified in Chapter 62C-52.011, Florida Administrative Code. Cattails shall be removed manually or with U.S. Environmental Protection Agency approved herbicides when they exceed ten percent coverage of the required LSPA area. 3.5.11.3 Application to existing lakes. All previously approved projects shall meet the Operational requirements required in 3.5.11.2. 3.5.11.3.1 Projects approved and constructed according to previous standards may have to meet the new standards if the littoral shelves are no longer functioning, subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; bo The property owner shall assess the existing slopes and elevations in order to determine the appropriate location of the plantings subject to the criteria found in 3.5.11.1.3. The planted area shall be consolidated as much as possible subject to the criteria found in 3.5.11.1.2. Page 7 of 9 May 12, 2003 c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of 3.5.11.1.4 shall not be required. d. Plant selection and specifications shall conform to 3.5.11.1.5; e. Signage of the planted littoral areas shall be required subject to 3.5.11.1.6. 3.5.11.3.2 For amendments to approved excavations where the proposed amendments will modify the previously approved lake shoreline or increase the previously approved lake area, signage of the planted littoral areas shall be required subject to 3.5.11.1.6. I ao For amendments that modify less than 20 percent of the previously approved shoreline but increase the previously approved lake area, only the additional portion of the lake shall be used to calculate the additional LSPA area using the percentage requirements of 3.5.11.1.1. (See figure 3.5.11.3.2.) This additional LSPA shall conform to the design requirements of 3.5.11.1. b. For amendments that modify 20 percent or more of the previously approved shoreline, the total lake area shall be used to calculate the LSPA area using the percentage requirements of 3.5.11.1.1. (See figure 3.5.11.3.2.) The LSPA shall conform to the design requirements of 3.5.11.1. 3.5.11.4 Exemptions. 1 ,ake excavations used for aquaculture shall be exempt from the LSPA requirements. Page 8 of 9 -7O HAY 21 2003. May 12, 2003 Figure 3.5.11.3.2 existing lake lake addition For amendments that modify the existing lake area by adding an addition, only the new portion of the lake shall be used to calculate the LSPA area using the percentage requirements of 3.§.1t.1.1. existing shoreline modified lake shoreline For amendments tl~t modify the existing shoreline by greater than 20 percent, the total lake area shall be used to calculate the LSPA area using the percentage requirements of 3.§.11.1.1. Renumber remaining sections. Page 9 of 9 ~Am~ MAY 2 1 2003. May, 2003 ORIGIN:...Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services LDC PAGE: LDC3: 132.1, supplement 11 LDC SECTION: Sec. 3.9.5.5.6 CHANGE: Incorporate some of our native vegetation preservation requirements, that currently exist in the LDC and GMP's or have been policy and procedures for the past five years or greater, into one easily accessible section regarding Preserves. This amendment also clarifies language to better reflect how staff currently applies existing code provisions and provides details that have been requested by the development community to provide needed guidance. The intent of the proposed amendments is to provide minimum criteria for on site Preserves. REASON: These amendments allow the community to easily locate the criteria for protecting preserves, which has been located in several different sections of the LDC. FISCAL & OPERATIONAL IMPACTS: The proposed amendments should have no fiscal impact, as it does not require any additional preservation than the current Code and Policies. RELATED CODES 3.9.6.6.5, 3.9.6.6.4.2, Management Element OR REGULATIONS: LDC Sections 3.9.5.5.3, 3.9.5.5.4, 3.2.8.4.7.3, Collier County GMP - Conservation and Coastal GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are consistent with the Conservation and Coastal Management Element Policy 3.9.5.5.6 Native Preserve criteria Page I of 3 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. Minimum dimensions. The minimum width of the preserve shall be: a. twenty feet, for property less than ten acres. b. an average of thirty feet in width but not less than twenty width, for property equal to ten acres and less than twenty act -72_ .~t ~vI · ;s. AGEJ~A i~ iml NAY 2 1 2003 May, 2003 Page 2 of 3 Co an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. If a completed application submittal package for an SDP or Plat/Plans has been submitted prior to June 18, 2003, the applicant may request a waiver of the above average minimum width requirement. Waivers to the average minimum width requirement will be approved if the proposed minimum widths are not less than twenty feet. 3. Created 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. Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may be used to recreate: 1. not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. 2. 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. 3. not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2. c. 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. d. Created preserve exceptions may be granted: 1. 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. 2. when small isolated areas (of less than ½ acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of V2 acre or less, preserves may be planted with all three strata; using the ~rltenae, ra~A MAY 2 2003. p~., '~ May, 2003 o 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. when 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. .. Required Setbacks to Preserves. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accesso~ 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.) Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal and maintenance plans shall require that category_ I exotics be removed from all preserves. All 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. 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 exotic vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local development order Page 3 of 3 HAY 2 1 2003 ~ay 2, 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Maura C. Kraus, Principal Environmental Specialist, and Kim Hadley, Environmental Specialist DEPARTMENT: Environmental Services Department LDC PAGE (S): LDC 3:160 to LDC 3:162.5 LDC SECTION: 3.14 Vehicle on the Beach Regulations CHANGE: LDC format to consolidate redundant sections. Wording added to beach raking and mechanical beach cleaning sections to clarify intent (Divisions 3.14.3.6.). Incorporate an additional sections allowing heavy equipment to be used on the beach in conjunction with beach nourishment and inlet maintenance and mitigation for impacts (3.14.3.7). The proposed amendments require a setback of 15 feet to dune vegetation and turtle nests for raking and mechanical equipment but reduce this distance to 10 feet for surface grooming equipment that does not penetrate the beach surface. The requirement of "tire tread identification" was proven impractical and therefore omitted. (Section 3.14.3.7 and 3.14.7.5.1(a)). Variance conditions currently included in vehicle on the beach permits were incorporated into the LDC (Section 3.14.3.6). REASON: LDC amendments relative to vehicle on the beach permits issued in conjunction with special or annual beach events (Sections 3.14.3.4), concession facilities (Section 3.14.3.5) and routine functions associated with permitted uses of commercial hotel property (Section 3.14.3.6) created during 2002 Cycle 2 were redundant. Staff have consolidated these into one section (Section 3.14.3.4) to remove unnecessary wording and confusion. Section 3.14.3.7 was added because the current LDC does not allow the use of heavy equipment associated with beach nourishment and inlet maintenance. FISCAL & OPERATIONAL IMPACTS: Fiscal impacts to the County will be reduced due less frequent use of current equipment minimizing operational and maintenance costs. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: These amendments support Conservation and Coastal Management Element Policy 10.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Amend the LDC as follows: Page I of 9 MAY 2 1 2003 May 2, 2003 Sec. 3.14.3. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 3.14.6.4. of this division. 3.14.3.1. Sheriff, city, state and federal police and~,,~,..,~ ...... ,,,.a ~.o,r'~*' ,~,.,~-~,~o~,~,.,-:~:~ the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this division. 3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89-16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this division if a permit has been obtained from the site...~ '~ .... ,,~...v......~~ ..... ~ ...... ~:.:~--, Environmental Services Department director or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for inspection. The procedure for obtaining such a permit shall be by application to the Environmental Services Department director in writing stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and permit for such vehicle or vehicles shall be issued by the site '~ ...... v ....... rev:.ew Environmental Services Department director if theo.,.~:*~ ...~ ~ ..... ~..~v_~.~...~ ........ ..~¥:..~.. Environmental Services Department director is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. 3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons shall be exempt from the provisions of this division. 3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel propert% Vehicles which are used in conjunction with functions on the beach, ~ .... :,~ ,. ............ .~ .... :~ ..... , ~ ............... : ......... ~ ~.~,. .......... :, are exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the plann;.ng ger.':.ce: Environmental Services director or his designee. All permits issued are subject to the following conditions and limitations: n6g..I~A ~ Page2of9 ~~ MAY 2 1 2003. May 2, 2003 3.14.3.4. Permits shall only be issued for ATVs when Environmental Services Department staff has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies, due-t-o ~,r,-~.;~.:,:..~ :- ~, ............... '- ~-'+~ ~- ~'~":~ or 2) a limited designated work area has been established at the foot of the dune walkover for loading and unloading and the ATV use is restricted to that limited identified area. 3.14.3.4.7. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle 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; 2) eoasiste~ · ,,~'~_... o~.,~.:^~ .....~.~ ~ '~, ...,~ there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the r,^,:~ r, ....... XT~, .... ~ o ......... r~ ........ rr-r,,,r,r~ Collier County Environmental Services Department (ESD); additional corridors may be approved when appropriate and necessary as determined by the ESD; a staging area may be approved for large events as determined by the ESD and 4_) except for designated corridors, all motorized vehicles shall be operated below the Mean High Water line (MHW), as generally evidenced by the previous high tide mark. If at anytime CCNRD ESD determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the ESD, the vehicle-on-the-beach permit may be suspended for the remaining period of the sea turtle season. MAY 2 1 2003 May 2, 2003 (2) 3.14.3.5.4. 4._.~.8 These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. ~ ~.~A~AAA&AAA~ '.~,~A TA~%~O UA ~,,;~,~L~.; '~.'A AAA~-~ ~.-I.%-~OA~AA'i~t~,~t OUi-'~J~'~'~l' q.,,.,r LAA~ A%.IAA'*JTTAAA~ ~'S./ Z~-~ Page 4 of 9 ~ ~ MAT 2 1 2003. May 2, 2003 (1) (2) Page 5 of 9 MAY 2 I 2003 May 2, 2003 Sec. 3.14..3.5 Permit for construction (excluding beach renourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 3.14.6.4. of this division. (Ord. No. 93-37, § 3) Sec. 3.14.&.3j. Beach raking and mechanical beach cleaning. 3.14 ..... 3.6.1 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. 3.14 ..... 3.6.2. Beach raking and mechanical beach cleaning must comply with the provisions of section 3.14.6.4. of this division. 3.14.5.3.3.6.3 Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function; which includes the natural wrack-line. 3.14.3.6.4 Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Beach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within 10 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. 3.14.~,4 3.6.5. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. In car, e: ':.'here the ,.}, ......................... ...:.q ,. ....:,,~a --'here ........a : ..... :,:.. ~... Page 6 of 9 n,/ 3'7 ... May 2, 2003 3.14.5.5 3.6.6 u .......... : .... * Vehicles with greater than 10 psi ground to tire pressure, shall not be used to conduct beach raking T :~,., .... :~ Vehicles with wide, ' ....... ~-'~ Iow Fre~,~ure *:-~ less than. 10 psi ground to tire pressure, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking and mech&nicM' ~.~n~,,~,~.,,~,, ,~-,~--,,,~~'~:~ ~ upon approval of the ESD or designee. 3.14.3.6.7 Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the Public Utilities Engineering Department and the Environmental Services Department. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3; Ord. No. 01-34, § 3.K.) Sec.3.14.3.7 Vehicles associated with Beach Nourishment and Inlet Maintenance 3.14.3.7.1 Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the CDES Administrator, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next 2 years should compaction evaluations exceed state requirements. 3.14.3.7.2 Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, CCESD and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. 3.14.3.7.3 No tilling of the beaches shall occur during sea turtle nesting season. Sec. 3.14.6.4. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division. Permits issued pursuant to this division 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, nc.,r~ II~ Page 7 of 9 2 1 20 - May 2, 2003 3.14.6.4.1. All u~ ~t-: .... ~ .-~u.~:~,,,~ ~.~u ~l~n~:~ vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin 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. Sec. 3.14.7.5~ Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the following penalties: 3.14.~.5_.1. Violations of section 3.14.6.3.6. which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation. 3.14.--g.5_A 2. Minor infractions of section 3.14.$.3.6, which occur during sea turtle nesting season are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) ..,:,u~..~ ..... :~ ~:.~ .~ :a~:~.~;~. b a_) without permit being available for inspection; or e b_) with improper tire pressure. 3.14.5.3. Major infractions of section 3.14.~.3.6, which occur during sea turtle nesting season, are subject to the following penalties. Major infractions are defined as any activity that may cause immediate harm to sea turtles or their nesting activities; and include, but are not limited to, the following: 1) use of a vehicle prior to dally sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a designated corridor. First violation: $1000.00 fine and a suspension of permitted activities, including but not limited to: Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Second violation: $2,500.00 fine and a suspension of permitted activities, including but not limited to: Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. Third or more violation: $5,000.00 fine and a suspension of permitted activities, including but not limited to: Beach raking or mechanical cleaning activities, for 70 days or the balance of sea turtle nesting season, whichever is less. .14.-g.5.4. Violations of sections .~. ~ ~ ~.,,.,~., a a ~ · 3 .14.3 .4,; .......... ,~ .......... not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting Page 8 of 9 ich do HAY 21 2003. May 2, 2003 are subject to up to a $500.00 fine per violation. ~ lA "/ t: . ~. ~ lA ~.l ~ which 3.14.--7.5.5. Violations of sections.,. ~ .~.,,.,,.,1A ~,. 3.14.3.4.; ......... , ,~. .......... occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation. Minor infractions are defined as any activity that will not cause an immediate harm to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: -~ ,";'~"~ ..... :-~ +:~ ~ :~-*:~'~-*:~"' b a_) with permit not available for inspection; or e b_) with improper tire pressure. Page 9 of 9 MAY 21 2003. ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: REI.ATED CODES OR REGULATIONS: County Attorney's Office Patrick G. White, Assistant County Attorney County Attorney's Office LDC 5:10- LDC 5:12. 5.4.1., 5.4.2., 5.4.3, 5.4.7., 5.4.9. Replaces references to prior building, construction, technical, and fire code references with reference to such codes adopted by reference in Section 1.18. of this Code To reflect the repeal of prior building, construction, technical, and fire code references based upon the adoption of the Florida Building Code and Florida Fire Prevention Code, as amended. None. Code of Laws Chapter 22, Article II. Amend the LDC as follows: DIVISION 5.4. BUILDING BOARD OF ADJUSTMENTS AND APPEALS Sec. 5.4.1. Establishment and purpose. There is hereby established a building board of adjustments and appeals. The purpose of the building board of adjustments and appeals is to provide a decision-making body through which an owner of a building or structure, or his duly authorized agent, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1 18. of this Code t~'~ll:~ ~ .... ~-,. CN-..~.-,A~,4 1~,.:1,4;~,~ t~.--,-l~ t~,',ll;~ t~ .... t-,. E1 ........... , ............. ; .................... , ............ J ...... ' e...:~:.,,. Pc, cA c-^,~,, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the tree intent and meaning of such codes or any of the regulations thereunder have been misconstrued or wrongly interpreted by the building official. Sec. 5.4.2. Powers and duties. The building board of adjustments and appeals shall have the following duties: Dowers and MAY 2 1 2003 ,,./¥/ 5.4.2.1. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the building official with regard to a variance from the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code r-,.n:~._,,_,_~.,. Co!!:~. r, .... .,. Di,,,,~i~:.. t~l~ ^- t~_ll;,~.~ .,,. ,--~,~ .... ~..-/*" ~,e"';~;"-.....~.....~, Pool r,^a~.~.,,.,, do not apply or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations thereunder have been misconstrued or wrongly interpreted. Sec. 5.4.3. Building board of adjustments and appeals membership. 5.4.3.1. Qualifications. A building board of adjustments and appeals shall be composed of five regular members appointed by the board of county commissioners. The Collier County Fire Marshal's Association may recommend for consideration by the board of county commissioners those two members one of whom would be an architect or engineer, and one whom must be a fire protection specialist. The building board of adjustments and appeals shall consist of members engaged in the following occupations who by reason of education, experience, and knowledge are deemed to be competent to sit in judgment on matters concerning the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code t~ll;~,-,--,-..-,. p~.,..~,;., r,,..~ ~- ,~,..;~- ," .... *-, ~.-.;--~:-" Pool r,^a,., one state-licensed architect or one structural engineer; one class A general contractor; one state- certified fire protective equipment contractor or state-certified firefighter with the rank of lieutenant or higher or state certified fire safety inspector with the rank of lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. The members shall serve for a term of four years, except for initial appointees who shall serve as follows: two for a term of one year; two for a term of two years; one for a term of three years. Sec. 5.4.4. Quorum. Three members of the building board of adjustments and appeals shall constitute a quorum. In varying the application of any provision of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code ~ ~A .~ Cc""*" m,,--*.:-~ r,~a~ ^- r,^,,:~, r- ....,., ~..a~.-:-- Pool r,^a~ difyi ~--] .........~, ...., .............. ] ............ ~, ..... or in mo ng an order of the building official or the public safety administrator, an affirmative vote of not less than three building board members shall be required. Sec. 5.4.7. Standard appeal procedure; time limit; fee. 5.4.7.1. Whenever the building official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code r.~-;~- 11.1~. t-~,'-.,-+-, g.. t-',-,,4~ F',-,ll;.. t~ .... +~, 'r..A'~,..h..;,-..-.! m,,~*.:-- r-^~ ^- t-~.:~, t- .... +., c..,:~:.. Pool r~^a~ do not apply or than an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division Co'anD'.~e'":~:"'...--.--,, .D^^~..... r,^.~........, or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authorized agent, may appeal from the decision of the authority having jurisdiction to the building board of adjustments and appeals. Notice of appeal shall be in writing and on appeal forms provided by the secretary of the building board. Notice of appeal shall be filed at the project review services section of the development services department within 30 days after the decision to be appealed is rendered by the authority having jurisdiction, except as set forth in the interlocal agreement appeals procedure. A fee in an amount to be set by the board of county commissioners shall accompany any such notice of appeal filed pursuant to this section. Sec. 5.4.9. Decisions of the building board of adjustments and appeals. 5.4.9.1. The building board of adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provisions of the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code P-eot-Go~ to any particular case when the building board determines that the enforcement thereof would do manifest injustice, and would be contrary to the, ... 2 1 2003 spirit and purpose of the code or public interest, or when the building board determines that the interpretation of the authority having jurisdiction should be modified or reversed. MAY 21 2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Community Development and Environmental Services Division Russell Webb/Susan Murray, AICP, Current Planning Manager Planning Services LDC 6:10 Division 6.3 definitions Add definition of Automobile Service Stations to clarify the intent is to apply to all uses that conduct retail sales of gasoline. Clarification of applicability. None None GROWTH MANAGEMENT PLAN IMPACT: None 6.3 definitions: Automobile Service Station: any commercial or industrial facility wherein the retail sale of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary function," it will also be considered an automobile service station, such as a large retail establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an incidental service. MAY 2 1 2003, ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: Community Development and Environmental Services Division Susan Murray, AICP, Current Planning Manager Planning Services LDC 6:18 Division 6.3 definitions - Density Clarify the intent of the method to calculate residential density. Clarification of applicability. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None 6.3 definitions: Density, residential: The number of residential dwelling units permitted per gross acre of land an~ allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district determined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's a lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of- way, whether public or private, nor and cxclu~:.ve cf land within a planned unit development district that is to be used for commercial or industrial uses. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, and nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. ACURA ~ HAY 21 2003- ORIGIN: Community Development & Environmental Services Division AUTHOR: Ross Gochenaur for John Dunnuck DEPARTMENT: Planning Services LDC PAGE(S): N/A LDC SECTION: Division 6.3 Definitions CHANGE: Add definition for park, neighborhood REASON: This definition was added to identify the function and site conditions inherent in a neighborhood park so that they may be regulated in a manner that is consistent with their impacts to the community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 3.3.3 and 3.3.6 (relative to Site Development Plans) GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Division 6.3 Definitions Park, neighborhood: A public park, owned and maintained by Collier County which is intended to serve the needs of the local community and: is located within the E (Estates) zoning district, or any residential zoning district or residential component of a Planned Unit Development; comprises no more than five (5) acres of land; provides access by non-vehicular means, with no on-site parking facilities; and provides only basic park facilities and amenities such as, but not limited to, sidewalks, non-air-conditioned shelters, bike racks, drinking fountains and playground equipment. HAY 2 1 2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: REVISED following 4/9/03 CCPC meeting Transportation Division Pathways Advisory Committee Diane Flagg, Director Pathways Advisory Committee Alternative Transportation Modes LDC 6:10 and LDC 6:52 Division 6.3 definitions Take out definitions of bicycle path and add definition of bike lane Housekeeping FISCAL AND OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANGEMENT PLAN IMPACT: None Division 6.3 definitions Bike Lane: a portion of a roadway which has been designed, constructed, and designated by signing and pavement markings in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines" requirements. MAY 2 1 2O03. n._ lq"g .... ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: Transportation Division Pathways Advisory Committee Diane Flagg, Director Pathways Advisory Committee Alternative Transportation Modes LDC 6:10 and LDC 6:52 Division 6.3 definitions Amend definition of sidewalk Housekeeping FISCAL AND OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANGEMENT PLAN IMPACT: None Sidewalk: That portion of a right-of-way or cross or crosswalk, paved or otherwise surfaced, intended for pedestrian use and also bicycle uso, if p.~cpc;l~,' c!--'c-. (See division 3.2.) AC.,ia~A~ HAY 21 2003, Memorandum To: Board of County Commissioners From: Susan Murray, AICP, Manger, Current Planning Section Date: May 19, 2003 Subject: Update to Agenda Item Package for May 21, 2003 LDC Hearin~ The attached summary sheet is an update to the original agenda item package you received for the May 21, 2003 LDC Hearing. The Planning Commission held an additional meeting on the highlighted items after the original package was sent to you. The items on the summary sheet highlighted in YELLOW represent an update to the CCPC's Recommendation only, meaning there were no changes to the text of the amendments from that which was sent with the original package. The items on the summary sheet highlighted in RED represent an update to.the CCPC's recommendation and a change to the text of the amendments. The changed text items are attached should serve as replacements for the pages you received with your original amendment package with the exception of the Rural Lands Stewardship Area amendments, which were sent under separate cover last Friday. It will be necessary for you to bring the following three items to the hearing on May 21, 2003: 1. The original executive summary package with all the LDC amendments (delivered last Wednesday) 2. The update to the Rural Lands Stewardship Area amendments (delivered last Friday). 3. The update to the original executive summary package (attached - delivered today). If you have any questions or need clarification please don't hesitate to contact me at 403-2464. 0 .~, © © o, ? c?, = ._ .-~ .-~g 0 ~ ~ ~ 0 ~ .~ .= .= 0 ~.- '~ ~ ._.~ __.- ~ ._ ~ ~ ~0 '-- -- ~ ~ 0 © ..~ © 0 0 0 '~ c~ REVISED following 3/19/03 DSAC meeting REVISED following 4/30/03 CCPC meeting REVISED following 5/14/03 CCPC meeting O~G~: Transportation Division Pathways Advisory Committee AUTHOR: Diane Flagg, Director Pathways Advisory Committee DEPARTMENT: Alternative Transportation Modes LDC PAGE: LDC 3:36 and LDC 3:37 LDC SECTION: 3.2.8.3.17 CHANGE: Increase width of sidewalk; take out definition of bicycle path REASON: Safety FISCAL AND OPERATIONAL IMPACTS: Increases sidewalk width by 24 inches on collector and arterial streets; increases sidewalk width 12 inches on local streets; increases sidewalk cost by 17% to 25%. RELATED CODES OR REGULATIONS: 3.2.8.4.14 GROWTH MANGEMENT PLAN IMPACT: None 3.2.8.3.17. Sidewalks and bike lanes ma4-bike-pat~. The developer shall he ..... ;-~ must cons~ct sidewalks ~ ~d bike l~es where applicable, as described Applicability: For all districts, Ssidewalks ~ and bike lanes shall must be constructed contiguous to public and private roadways, which are adjacent to and/or internal to the site, in conformance with the c^, .... ;~- criteria described below.unless O el~;/ ge .................... j ................ j .................. Bike lanes shall must be provided on both sides of collector and arterial streets.any street ~,~;c.~,, high Sidewalks six-eight feet in width ,,, ........ ,,;, .... ,,,~ c~,~,: .... ;,~,~, ~*'~'1 must be provided on both sides of collector and arterial streets. Sidewalks or ~.a~._.,~ .... v-,-o*~'o five __six feet in width, ...... must be provided on both sides of local streets. ..... ~ .... v,* as fc~' ..... .... s For multi-family site development and site improvement projects, districts RT, RMF-6, RMF-12, and RMF-16 and all multi-family residential components of PUD districts; 'sidewalks, six feet in width, must be provided on both sides of local streets with a dedicated public right-of-way or roadway easement. Where there is no public right-of-way or roadway easement, sidewalks must connect on- site residential building(s) to a sidewalk within a public roadway or, if no sidewalk exists, to the right-of-way line in accordance with Code standards contained herein. Should a two-directional shared use path be utilized, the minimum paved width must be 10 feet. 5.~All sidewalks,-bike-paths and bike lanes along public and private roadways shall must be constructed in accordance with design specifications identified in section 3.2.8.4.14. and division 2.8 of this Code. .-! :k6.__: Developments providing interconnections to existing and future developments pursuant to the density rating system section of the Collier County growth management plan's future land use element, shall must include sufficient right-of- way to accommodate the roadway, sidewalks, ~ and bike lanes, where required, gikepa~ Bbike lanes and sidewalks ska!! must be constructed concurrently with the roadway interconnection. &.7~ Where planned right-of-way improvements by the County Transportation Division scheduled in the capital improvements program (CIP) would cause the removal of any sidewalks/bik-epa~ or bike lanes ..... ..,-,~;~m :~; ..... '~ the developer, in lieu of construction of the required sidewalks/bik-epmhs and bike lanes, ska!l must provide funds for the cost of sidewalk/bigepath and bike lane construction as defined by the Schedule of Development of Review and Building Permit Fees into a pathway fund approv~ ~,., ........ v ................. for future construction of required sidewalks/l~,k-epaO~ and bike lanes, by the county. The time frame for this funding option is two years from the date of issuance of the first building permit to the date that the road construction is required to be bid. May 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: EnVironmental Services LDC PAGE: LDC3: 132.1, supplement 11 LDC SECTION: Sec. 3.9.5.5.6 CHANGE: Incorporate some of our native vegetation preservation requirements, that currently exist in the LDC and GMP's or have been policy and procedures for the past five years or greater, into one easily accessible section regarding Preserves. This amendment also clarifies language to better reflect how staff currently applies existing code provisions and provides details that have been requested by the development community to provide needed guidance. The intent of the proposed amendments is to provide minimum criteria for on site Preserves. REASON: These amendments allow the community to easily locate the criteria for protecting preserves, which has been located in several different sections of the LDC._ FISCAL & OPERATIONAL IMPACTS: The proposed amendments should have no fiscal impact, as it does not require any additional preservation than the current Code and Policies. RELATED CODES OR REGULATIONS: 3.9.6.6.5, 3.9.6.6.4.2, 3.2.8.4.7.3, Collier County Management Element LDC Sections 3.9.5.5.3, 3.9.5.5.4, GMP - Conservation and Coastal GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are consistent with the Conservation and Coastal Management Element Policy 3.9.5.5.6 Native Preserve criteria o 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. Minimum dimensions. The minimum width of the preserve shall be: a. twenty feet, for property less than ten acres. b. 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. Page 1 of 3 May 2003 c. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. 3. Created 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. Approved created preserves, identified in 3.9.5.5 as mitigated native preservation, may be used to recreate: 1. not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. 2. 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. 3. not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2. c. 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. d. Created preserve exceptions may be granted: 1. 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 proiect. 2. when small isolated areas (of less than ½ acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of ½ acre or less, o 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. when an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as Page 2 of 3 -73 May 2003 road alignments required by the State, preserves may be impacted and created elsewhere on site. .. Required Setbacks to Preserves. All principal structures shall have a minimum 25-£oot 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.) Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal and maintenance plans shall require that category_ I exotics be removed from all preserves. All 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. 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 exotic vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local development order. Exemptions. Applications for development orders authorizing site improvements, i.e., an SDP or FSP, 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 adopted on June 16, 2003. Page 3 of 3 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Community Development and Environmental Services Division Russell Webb/Susan Murray, AICP, Current Planning Manager Planning Services LDC 6:10 Division 6.3 definitions Add definition of Automobile Service Stations to clarify the intent is to apply to all uses that conduct retail sales of gasoline. Clarification of applicability. None None GROWTH MANAGEMENT PLAN IMPACT: None 6.3 definitions: Automobile Service Station: any commercial or industrial facili _ty wherein the retail sale of gasoline is conducted. Where the sale of gasoline is provided only as a "secondary function," such as a retail establishment (i.e. - grocery store or warehouse) that provides gasoline for its customers/members as an incidental service, the structures and site related to the fuel facility will be considered an automobile service station. Draft 5/15/2003 Rural Lands Stewardship Area (RLSA) Implementing Land Development Code Amendments 2.2.27. 2.2.27.1. 2.2.27.2. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT - STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) Purpose and J=ntent ................................................................................... 1 Definitions ................................................................................................. 1 1. Baseline Standards ............................................................................. 1 2. Compact Rural Development (CRD) .................................................. 1 3. Designation .......................................................................................... 1 4. FSA Flow way Stewardship Area ....................................................... 1 5. Hamlet ................................................................................................... 2 6. HSA-- Habitat Stewardship Area ....................................................... 2 7. Land Use - Land Cover Indices ......................................................... 2 8. Land Use Layer (Layer) ....................................................................... 2 9. Land Use Matrix (Matrix) ..................................................................... 2 10. Listed Species Habitat Indices ................................... .~ ...................... 2 11. Natural Resource Index (Index) ......................................................... 2 12. Natural Resource Index Map Series (Index Maps) ........................... 3 13. Natural Resource Index Value (Index Value) .................................... 3 14. Open Space ......................................................................................... 3 15. Post Secondary Institution Ancillary Uses ....................................... 3 16. Proximity Indices ................................................................................ 3 17. Restoration Potential Indices ............................................................ 3 18. Restoration Zone .................................................................................. 19. RLSA District ...................................................................................... 3 20. RLSA Overlay Map ............................................................................. 3 21. RLSA District Regulations ................................................................. 3 22. Soils/Surface Water Indices ............................................................... 4 23. SRA ...................................................................................................... 4 24. SSA ...................................................................................................... 4 25. Stewardship Credit (Credit) ............................................................... 4 26. Stewardship Credit Database ............................................................ 4 27. Stewardship Credit System ............................................................... 4 28. Stewardship Credit Worksheet .......................................................... 4 29. Stewardship Overlay Designation ..................................................... 4 30. Town .................................................................................................... 5 31. Village .................................................................................................. 5 32. WRA - Water Retention Area ............................................................. 5 TAL#528911.5 i 2.2.27.3 A. B. 2.2.27.4. 2.2.27.5 2.2.27.6. 2.2.27.7. A. B. C. D. 2.2.27.8. A. B. C. D. E. F. Gm 2.2.27.9. A. Draft 5/15/2003 Establishment of RSLA Zoning Overlay District .................................... 5 RLSA District Zoning Map ....................................................................... 6 Additional Land Designations With the RLSA District .......................... 7 1. Establishment of SSA Designations ............................................. 7 2. Establishment of SRA Designations ................................................... 7 Establishmen~ of Land Uses Allowed in the RSLA District .................. 7 Establishment of a Stewardship Credit Database ................................. 7 Authorization to Establish a Stewardship Credit Trust ......................... 7 General ...................................................................................................... 7 Creation of Stewardship Credits/General ............................................... 8 Transfer of Stewardship Credits/General ............................................... 8 Allocation of Stewardship Credits/General ............................................ 8 Five Year Comprehensive Review .......................................................... 8 Lands Within the RLSA District Prior to SSA or SRA Designation ...... 8 Private Lands Delineated FSAs, HSAs, and WRAs ................... ;. .......... 9 Private Lands Delineated as Open .......................................................... 9 Area of Critical State Concern (ACSC) ................................................... 9 Public or Private Conservation Lands .................................................... 9 Baseline Standards .................................................................................. 9 No Increase in Density or Intensity in excess of Baseline Standards .................................................................................. 9 Lands Within RSLA District Not Designated SSA or SRA Subject to Special Environmental Standards ........................................................... 9 SSA Designation ..................................................................................... 10 Lands Within the RLSA District that can be Designated as SSAs ..... 10 1. May be Within an SRA Boundary .................................................. 10 2. FSA Delineated Lands ..................................................................... 10 3. HSA Delineated Lands ..................................................................... 10 4. WRA Delineated Lands .................................................................... 12 SSA Credit Generation - Stewardship Credit System ......................... 12 1. Early Entry Bonus Credits .............................................................. 12 2. 3. Credit Worksheet ............................................................................. 13 Natural Resource Indices and Values ............................................ 13 a. Natural Resource Indices ............................................................ 13 b. Index Values ................................................................................. 13 -(-1-)c_. Slough/Strand Index Score Upgrade .................................... 13 ~d_ Index Map ................................................................................. 13 ~,e_. Restoration Potential Index .................................................... 14 ~f_. Restoration Stewardship Credits ............................................ 14 4. Land Use Layers to be Eliminated .................................................. 15 a. Land Use Layers ......................................................................... 15 b. Land Use Matrix .......................................................................... 16 5. Matrix Calculation ............................................................................ 16 SSA Designation Application Package ................................................. 17 TAI~528911.5 ii Draft 5/15/2003 1. SSA Designation Application ......................................................... 17 2. Application Fee ................................................................................ 17 3. Natural Resource Index Assessment ............................................. 17 4. Support Documentation .................................................................. 17 5. SSA Credit Agreement .................................................................... 18 6. Public Hearing for Credit Agreement ............................................. 19 7. Recording of SRA Memorandum .................................................... 19 8. Stewardship Easement Agreement or Deed .................................. 20 D. SSA Application Review Process ......................................................... 20 1. Preapplication Conference with County Staff ............................... 20 2. Application Package Submittal and Processing Fees .................. 20 3. Application Deemed Sufficient for Review .................................... 20 4. Review by County Reviewing Agencies ........................................ 21 5. Designation Review ......................................................................... 21 6. Designation Report .......................................................................... 21 E. SSA Application Approval Process ...................................................... 21 1. Public Hearing .................................................................................. 21 2. Legal Description ............................................................................. 21 3. Update the RLSA Overlay Map and Official Zoning Atlas ............ 21 F. SSA Amendments ............................................................. ~ .................... 22 2.2.27.10. SRA Designation ...................................................................................... 22 A, Lands Within the RLSA District That Can Be Designated as SRAs ............................................................................... 22 1. Suitability Criteria ............................................................................ 22 2. SRAs Within the ACSC ........................................... : ........................ 23 B. Establishment and Transfer of Stewardship Credits ......................... 24 1. Transfer of Credits ........................................................................... 24 2. Stewardship Credit Exchange ........................................................ 24 3. Public Benefit Uses ......................................................................... 24 4. Mixed Land Use Entitlements ......................................................... 24 C. Forms of SRA Developments ................................................................ 25 1. Towns ................................................................................................ 25 2. Villages ............................................................................................. 25 3. Hamlets ............................................................................................. 26 4. Compact Rural Developments (CRDs) ........................................... 26 a. Size of CRDs limited ................................................................... 26 b. CRDs within the ACSC ............................................................... 26 5. Proportion of Hamlets and CRDs to Villages and Towns ............. 26 6. SRAs as Part of a Development of Regional Impact (DRI) ........... 26 D. SRA Designation Application Package ................................................ 27 1. SRA Designation Application ......................................................... 27 2. Application Fee ................................................................................ 27 3. Natural Resource Index Assessment ............................................. 27 4. Natural Resource Index Assessment Support Documentation ...28 5. SRA Master Plan .............................................................................. 28 6. SRA Development Document ......................................................... 28 TAL#528911.5 111 Draft 5/15/2003 7. SRA Public Facilities Impact Assessment Report ........................ 28 8. SRA Economic Assessment Report ............................................... 28 9. Stewardship Credit Use and Reconciliation Application ............. 28 10. Conditional SRA Designation ......................................................... 29 11. SRA Credit Agreement ................................................................... 30 E. SRA ApplicatiOn Review Process ......................................................... 31 1. Pre-Application Conference with County Staff ............................. 31 2. Application Package Submittal and Processing Fees .................. 31 3. Application Deemed Sufficient for Review .................................... 31 4. Review by County Reviewing Agencies ........................................ 32 5. Staff Review ..................................................................................... 32 6. Staff Report ...................................................................................... 32 F. SRA Application Approval Process ...................................................... 32 1. Public Hearings Required ............................................................... 32 a. Public Hearing Before EAC, recommendation to the BCC .......32 b. Public Hearing Before CCPC, recommendation to the BCC .... 32 c. Public Hearing Before the BCC, Resolution Approved ............ 32 2. Update Stewardship Credits Database .......................................... 33 3. Update the Official Zoning Atlas and the RLSA Overlay Map ...... 33 4. SRA Amendments ............................................................................ 33 a. Waiver of Required SRA Application Package Component(s) .................................................................................. 33 b. Approval of Minor Changes by the Administrator .................... 33 c. Relationship to Subdivision or Site Development Plan Approval .............................................................................. 34 G. Master Plan ............................................................................................ 34 1. Master Plan Requirements .............................................................. 34 2. Master Plan Content ........................................................................ 34 H. Development Document ........................................................................ 35 I. DRI Master Plan ...................................................................................... 36 J. Design Criteria ........................................................................................ 36 1. SRA Characteristics ........................................................................ 37 2. Town Design Criteria [Reserved] ................................................... 38 3. Village Design Criteria [Reserved] ................................................. 38 4. Hamlet Design Criteria [Reserved] ................................................. 38 5. CRD Design Criteria [Reserved] ..................................................... 38 6. Design Criteria Common to SRAs .................................................. 38 7. Infrastructure Required ................................................................... 39 8. Requests for Deviations from the LDC .......................................... 40 K. SRA Public Facilities Impact Assessments ......................................... 40 1. Transportation ................................................................................. 40 2. Potable Water ................................................................................... 41 3. Irrigation Water ................................................................................ 41 4. Wastewater ....................................................................................... 41 5. Solid Waste ...................................................................................... 42 6. Stormwater Management ................................................................ 42 TAL#528911.5 iv 2.2.27.11. Draft 5/15/2003 SRA Economic Assessment .................................................................. 42 1. Demonstration of Fiscal Neutrality ................................................. 43 a. Collier County Fiscal Impact Model ........................................... 43 b. Alternative Fiscal Impact Model ................................................. 43 2. Monitoring Requirement ................................................................. 43 3. ImpositiOh of Special Assessments ............................................... 43 4. Special Districts Encouraged ......................................................... 43 Baseline Standards [Reserved] ............................................................. 43 TAL#528911.5 V 2,2.27. Draft $/15/2003 RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT REGULATIONS .. 2.2.27.1 Purpose and Intent. The purpose of this section (the RLSA District Regulations) is to.,.create a Rural Lands Stewardship Area Zoning Overlay District (RLSA District) to implement the incentive based Collier County Rural Lands Stewardship Area Overlay (RLSA Overlay) established within the County's Growth Management Plan (GMP). It is the intent of the RLSA District and the RLSA District Regulations to protect natural resources and retain viable agriculture by promoting compact rural mixed-use development as an alternative to Iow-density single use development, and to provide a system of compensation to private property owners for the elimination of certain land uses in order to protect natural resources and viable agriculture in exchange for transferable credits that can be used to entitle such compact development. 2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the following meanings: Baseline Standards - Baseline Standards are the ~c;mL*t. cd allowable uses, density, intensity and other land development regulations assigned to land within the RLSA District by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002, and subject to the further provisions of Section 2.2.27.8, th=t Compact Rural Development (CRD) - Compact Rural Developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. 3. Designation - Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. FSA - Flow way Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District. TAL#528911.5 Draft 5/15/2003 Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single- family housing and a limited range of convenience-oriented services. Hamlets serve as a mgr,. compact alternative to traditional five-acre lot rural subdivisions currently allowed in the basel~h~-~- standards. HSA- Habitat Stewardship Area - Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural chara,cteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. Land Use - Land Cover Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (Florida Department of Transportation 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641,643); Group 2 (Codes 321,411, 4119, 425, 434, 439, 428); Group 3 (211,212, 213, 214, 221,222, 241,242, 243, 250, 260, 261,310, 329, 330, 422, 510, 521,523, 533, 534); and Group 5 (all others). Land Use Layer (Layer) - Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. Land Use Matrix (Matrix) - The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 2.2.27.9.B.4, with each Land Use Layer displayed as a single column. 10. Listed Species Habitat Indices - One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCCS, as 310, 321, 411,425, 428, 434, 617, 6172, 621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. 11. Natural Resource Index (Index) - A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, ~eF~h=~/~a Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land Use/Land Cover. TAL#528911.5 2 Draft 5/15/2003 12. Natural Resource Index Map Series (Index Maps) - the Rural Lands Study Area NaturaJ~_. Resource Index Map Series adopted as part of the FLUE. ""-~ 13. Natural Resource In'alex Value (Index Value) - the sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the Index. 14. 15. 16. 17. 18. Open Space - Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. Post Secondary Institution Ancillary Uses - Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. Proximity Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. Restoration Potential Indices - One of the indices comprising the Natural Resoume Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. Restoration Zone - Privately owned lands delineated on the RI, SA Overlay MaD that are located within 500 feet of an FSA, but are not otherwise included in a,n HSA or WRA. 19. RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. 20. RLSA Overlay Map - The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies *~' those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. 21. RLSA District Regulations - Collier County Land Development Code Section 2.2.27. TAI.~528911.5 3 Draft 5/15/2003 22. Soils/Surface Water Indices - One of the indices comprising the Natural Resource .!nde~ Value of land, with values assigned based upon soil types classified using the following NatU'ra]~ Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric SoilS~'(NSLP Categories 8, 9, and 11 ). 23. SRA - Stewardship Receiving Area - A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. 24. SSA - Stewardship Sending Area - A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. 25. Stewardship Credit (Credit) - A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in Section 2.2.27.10.G B.2. 26. Stewardship Credit Database - A database maintained by the County that keeps track of all of the credit transactions (generation of Credits through SSA designation and the consumption of credits through SRA designation) approved by the County. 27. Stewardship Credit System - A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. 28. Stewardship Credit Worksheet - An analytical tool that manually describes the Stewardship Credit calculation process including the Natural Resource Index and Land Use Layer components. The worksheet can be used to document proposed changes to the Index component during the SSA and SRA designation processes. 29. Stewardship Overlay Designation - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where Land Use Lavers I throu,qh 3 are removed, Restoration Zone. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. TAL#528911.5 4 Draft 5/15/2003 30. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balah'cb?~'¢~ land uses to reduce automobile trips and increase livability. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character. 31. Village - Villages are a form of SRA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. 32. WRA - Water Retention Area - Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural water retention areas and that provide surface water quality and other natural resource value. 2.2.27.3 Establishment of RLSA Zoning Overlay District. In order to implement the RLSA District Regulations, an RLSA District, to be designated as "RLSAO" on the Official Zoning Atlas, is hereby established. A. The lands included in the RLSA District and to which the RLSA District Regulations apply are depicted by the following map: TAL#528911.5 5 Draft 5/15/2003 Rural Lands Stewardship Area (RLSA) Zoning Overlay R 28 E R 29 E r' R 30 E N S R 28 E I ii __ _ L~E C,_E99 J R 29 E R 30 E Draft 5/15/2003 B. Within the RLSA District, additional lands may be designated to implement the Stewardship Credit System as follows: .. -;-- 1. Establishment of SSA Designations. An RLSA District classification to be kno~vr~~ as SSAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SSA", is hereby,established. This overlay district classification will be used for those lands within the RLSA District that are designated by the Board of County Commissioners (BCC) as SSAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2. Establishment of SRA Designations. An RLSA District classification to be known as SRAs, and to be designated on the official zoning atlas by the symbol "A-RLSAO- SRA", is hereby established. This overlay district classification will be used for those lands within the RLSA District that are designated by the BCC as SRAs. The placement of this designation shall be governed by the procedures as prescribed in the RLSA District Regulations. 2.2.27.4. Establishment of Land Uses Allowed in the RLSA District. Land uses allowed within the RLSA District are of two types: those allowed in the Baseline Standards prior to designation of SSAs and SRAs, and; those uses provided for in SSAs and SRAs after designation. The underlying land uses allowed within the RLSA District are included in th~ Baseline Standards. Upon designation of SSAs and SRAs pursuant to the RLSA District Regulations, the land uses allowed shall be as provided in Sections 2.2.27.9.B.4. and 2.2.27.10.J. 1., respectively. 2.2.27.5. Establishment of a Stewardship Credit Database. As part of the initial implementation of the RLSA Overlay, the Community Development and Environmental Services Administrator (Administrator) shall cause to be developed a Stewardship Credit Database to track the generation (by SSAs) and consumption (by SRAs) of Stewardship Credits within the RLSA District. The database shall be in an electronic form that can be linked to the RLS^. , '~........_,''''' .,._,.,~'~"" Zonin.q Atlas and can readily produce reports that will afford convenient access to the data by the public. The database shall be updated upon approval of an SSA or SRA Designation Application and Credit Agreement. 2.2.27.6. Authorization to Establish a Stewardship Credit Trust. As part of the implementation of the RLSA Overlay, the County may elect to acquire Credits through a publicly funded program. Should the County pursue this option, the County shall establish a Stewardship Credit Trust to receive and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within SRAs. Nothing herein shall preclude the County from permanently "retiring" a~y-sueh those credits received or held. 2.2.27.7. General. Except as provided in Subsections 2.2.27.8.E., F. and G., there shall be no change to the underlying density and intensity of permitted uses of land within the RLSA District, as set forth in the Baseline Standards, until a property owner elects to utilize the provisions of the Stewardship Credit System pursuant to the provisions of Section 2.2.27.9.B. No part of the Stewardship Credit System shall be imposed upon a property owner without that owner's written consent. It is the intent of the RLSA District Regulations that a property owner will be compensated consistent with Policy 3.8 of the RLSA Overlay for the voluntary stewardship and protection of important agricultural and natural resources. TAL#528911.5 7 Draft 5/15/2003 The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. .. _?~ A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) may be created from any lands within the RLSA District from which one or more Land Use Layers are removed. These lands will be identified as SSAs. All privately owned lands within the RLSA District are a candidates for designation as an SSA. Land becomes designated as an SSA upon petition by the property owner seeking such designation as outlined herein. A Stewardship Agreement shall be developed that identifies those land uses, which have been removed. Once land is designated as an SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses ucmfeeoifie~ that are not expressly identified in the Stewardship Agreement shall be allowed on such property. B. Transfer of Stewardship Credits/General. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth in Section 2.2.27.10.A,1._ .......,~'"'r' ...,,....'""'~" ..,,...,,"~'"" -..r'" ,.,,......~' ...... and that have been designated as SRAs. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein, Stewardship Credits will be exchanged for additiona_l residential or non-residential entitlements in an SRA on a per acre basis. SRA density and intensity will thereafter differ from the Baseline Standards, Allocation of Stewardship Credits/General. Stewardship Credits generated from one SSA may be allocated to one or more SRAs, and an SRA may receive Stewardship Credits generated from one or more SSAs. D. Five Year Comprehensive Review. Many of the tools, techniques, and strategies of the Overlay are new, innovative, and incentive-based and have yet to be tested in actual implementation. Consequently, by June 2008 and at such subsequent times as deemed appropriate by the BCC, the County shall prepare and submit to DCA for review a comprehensive analysis of the RLSA Overlay to assess the participation and effectiveness of the RLSA Overlay implementation in meeting the Goals, Objectives, and Policies of the RLSA Overlay by utilizing the measures of review delineated in Policy 1.22. Subsequent to the June 2008 review, the RLSA Overlay and RLSA District Regulations may be amended in response to the County's assessment and evaluation of the participation in and effectiveness of the Stewardship Credit System. The value, exchange rate, and use of Stewardship Credits shall be governed by the RSLA Overlay and RLSA District Regulations in effect at the time the SSA from which those credits are generated is approved. The Restoration Stewardship Credits shall be governed by the RSLA Overlay and RLSA District Regulations in effect at the time that such Restoration Stewardship Credits are authorized by the BCC. 2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation. All lands within the RLSA District have been delineated on the RLSA Overlay Map, Pr4er--te TAL#528911.5 8 5/15/2003 ~"<';,',,,"*~"'~ Unless and until designated as an SSA or SRA, lands within the RLSA District am shall remain subject to the Baseline Standards. A. Private Lands Delineated FSAs, HSAs, and WRAs. Lands delineated FSA, HSA, or WRA on the RLSA Overlay Map have been identified through data and analysis as having a higher q,uality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA, generally those lands delineated FSAs, HSAs, and WRAs are the most likely candidates for designation because of the higher credit values applied to lands with those delineations. B. Private Lands Delineated as Open. Lands not otherwise classified as FSA, HSA, or WRA are delineated as "Open" on the RLSA Overlay Map and are generally of a lower natural resource quality. Open lands =re thc lands that may be designated as either SSAs or SRAs. Area of Critical State Concern (ACSC), The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA Overlay Map and are eligible for designation as SRAs, subject to additional standards set forth in 2.2.27.10.A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA District regardless of designation. Public or Private Conservation Lands. Those lands ~N-_w'ithin the RLSA District~ cc,"ta;n lands that are held in public ownership or in private ownership as conservation lands.--SuehAa,~ls may be delineated on the RLSA Overlay Map as FSA, HSA, or WRA but are not eligible for designation as either an SSA or SRA. Baseline Standards. The Baseline Standards .shal! apply until lands within the RLSA District are voluntarily ""*"'"'" ""'*" *~'" c~, ...... ,~..~..... D ...... or..., are designated as an SSA or SRA and will shall remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. No Increase in Density or Intensity (in excess of the Baseline Standards). No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. Lands Within the RLSA District Not Designated SSA or SRA Subject to Special Environmental Standards. In order to protect water quality and quantity and maintenance of the natural water regime in areas mapped as FSAs on the RLSA Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program, ~_.Residential u_Uses, §General eConditional uUses, eEarth mMining and f)_Processing uUses, and rRecreational uUses (l_Layers 1-4) as listed in Section 2.2.27.9.B.4.a. shall not be permitted in FSAs lands within the RLSA District. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. In order to protect water quality and quantity and maintenance of the natural water regime and to protect D= F= G= TAI_.g528911.5 9 Draft 5/15/2003 listed animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the RLSA Overlay Map that are not within the ACSC, the use of such land for a non-agricultural purpose under the Baseline Standards shall be subjedt--to-? environmental regulations to implementing Policies 5.1 through 5.6 of the RLSA Overlay, which regulations shall be adopted by December 13, 2003. 2.2.27.9. SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations=: A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC. 1. May be within an SRA Boundary, A WRA, whether designated as an SSA or not, may be contiguous to or surrounded by an SRA. Should a WRA be used to provide water retention for an SRA, the provisions of 2.2.27.9.A.4.b. shall apply. 2. FSA Delineated Lands. a. In the case where lands delineated as FSA and are designated as an SSA, at a minimum, Residential uses, General Conditional uses, Earth Mining ant'! Processing Uses, and Recreational Uses (layers 1-4) as listed in the Land Use Matrix shall be eliminated as permitted land uses. b. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of 1.2 or less. c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in FSAs in order to minimize impacts to native habitats~ when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-30, F.A.C., regardless of whether the FSA in which oil and gas exploration and oil and gas .field development and production activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. d. The elimination of the Earth Mining layer fLaver 3) shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a restoration or mitigation program within an FSA. 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are entered into the Stewardship Program and are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resoume Stewardship Index value of 1.2 or less. TAL#528911.5 1 0 Draft 5/15/2003 c. In addition to the requirements imposed in the LDC for approval of a Conditional Use, uses listed in b. above will only be approved upon submittal of an ElS whi~ demonstrates that clearing of native vegetation has been minimized, the use ;~iii not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by ~stablishing the following: (1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) Buffering to Conservation Land shall comply with Section 2.2.27.10.J.6.d. (4) Stormwater Management design shall base water control elevations on seasonal high water elevations of adjacent wetlands to protect wetland hydroperiods in accord with the SFWMD Basis of Review. (5) The area has a Listed Species Habitat Indices Value of 0.4 or less and no state or federal direct impact take permit is required for the use. (6) Activities that are the subject of an approved SFWMD Environmental Resource Permit or Consumptive Use Permit and that utilize best management practices designed to protect groundwater from contamination from allowable land uses are deemed not to significantly and adversely impact aquifers. d. As an alternative to the submittal of an ElS, the applicant may demonstrate that such use is an integral part of a State or Federally approved restoration plan or mitigation program. e. Conditional use essential services and governmental essential services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. f. Asphaltic and concrete batch making plants are prohibited in all HSAs. g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in Chapter 62C-30, F.A.C., regardless of whether the HSA in which oil and gas exploration and oil and gas field development and production activities is within the Big Cypress Swamp. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida Department of Environmental Protection, which standards shall be adopted by December 13, 2003. TAL#528911.5 1 1 Draft 5/15/2003 WRA Delineated Lands. a. In the case where lands delineated as WRA are entered into the Stewards..hiP_~ Program and are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated as permitted land uses. b. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required, including but not limited to changes to control elevations, discharge rates, storm water pre-treatment, grading, excavation or fill. Such additions and modifications shall be allowed subject to review and approval by the SFWMD in accordance with best management practices. Such additions and modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the WRAs unless there is compensating mitigation or restoration in other areas of the RLSA District that will provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to that Strand or Slough. Se Restoration Zone Delineated Lands. To further direct other uses away from and to provide additional incentive for the protection, enhancement, and restoration of the Okaloacoochee Slou.qh and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use Layers 1 through 3 are eliminated as permitted uses, such Resotration Zone shall receive a Stewardship Overlay Designation value of 0.6. B. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one ef o_r more Land Use Layers are removed. Thccc l=nd= '::!!! bc idc,".t~ficd and that are designated as SSAs. Once land is designated as an SSA and Credits or other compensation consistent with Policy 3.8 of the RLSA Overlay is granted to the owner, no increase in density or additional uses_,...~.....,,......"~;"~ not expressly identified in the Stewardship Agreement shall be allowed on such property, A methodology has been adopted in the GMP for the calculation of credits based uponf: 1) the Natural Resource Index Value of the land being designated as an SSA, and 2) the number of land use layers being eliminated. 1. Early Entry Bonus Credits. Early Entry Bonus Credits are hereby established to encourage the voluntary designation of SSAs within the RLSA District. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as an SSA that is within an HSA located outside of the ACSC and one- half Stewardship Credit per acre of land designated as an SSA that is within an HSA located inside the ACSC. a. The early entry bonus shall be available until January 30, 2009. b. The early designation of SSAs and the resultant generation of Stewardship Credits do not require the establishment of SRAs or otherwise require the early use of Credits. TAL#528911.5 1 2 Draft 5/15/2003 c. Credits generated under the early entry bonus may be used after the termination of the bonus period. -~_--.;-~ d. The maximum number of Credits that can be generated under the eart¥ entry- bonus is 27,000. e. Early Entry 'Bonus Credits shall not be transferred into or otherwise used to entitle an SRA within the ACSC. Credit Worksheet. A The Stewardship Credit Worksheet, adopted as Attachment "A" of the Growth Management Plan RLSA Goals, Objectives, and Policies, sets out a the mathematical formula ~'-- '~-'*'"-'"'~'-~'--' that shall be used to determine the number of credits available for each acre of land being considered for an SSA. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet. E=ch !,",dc× listed a. Natural Resource Indices. Stewardship Overlay Des/gnat/on Proximity Indices Listed Species Habitat Indices Soils/Surface Water Indices Restoration Potential Indices Land Use - Land Cover Indices b. Index Values. During the RLSA Study, based upon data and analysis, each acre within the RLSA District was assigned a value for each Index except for the Restoration Potential Index. The Restoration Potential Index is assigned during the SSA designation process if appropriate, and credit adjustments are made at that time. (-1-)c. Slough/Strand Index Score Upgrade. An index score upgrade is hereby established as an incentive for the protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand. All lands within 500 feet of the delineated FSAs that comprise the Slough or Strand that are not othervvise included in an HSA or WRA shall receive the same natural index score (0.6) that an HSA receives, if such property is designated as an SSA and retains only agricultural, recreational and/or conservation layers of land use. e,d._:.lndex Map. A Natural Resource Index Map adopted as a part of the RLSA Overlay, indicates the Natural Resource Stewardship Index Value for all land within the RLSA District. Credits from any lands designated as SSAs, shall be based upon the Natural Resource Index values in effect at the time of designation. At the time of designation, the Natural Resource Index Assessment required in Section 2.2.27.9.C.3. shall document any necessary adjustments to the index values reflected on the Index Map. Any change in the characteristics of land due to alteration of the land prior to the designation of an SSA that either TAI_g,528911.5 1 3 Draft 5/15/2003 increases or decreases any adjustment in the credit value. ~i~e_Restoration Potential designated as an SSA zero (0), an evaluation shall be prepared by a LDC) on behalf of the Application Package. Index Value shall result in a corresponding Index Value. If the applicant asserts that the land being has a Restoration Potential Index Value of greater than of the restoration potential of the land being designated qualified environmental consultant (per Section 3.8 of the applicant and submitted as part of the SSA Designation In the event that restoration potential is identified, the appropriate Restoration Potential Index Value shall be determined in accord with the Credit Worksheet. The credit value of each acre to which the Restoration Potential Index Value is applied shall be recalculated by adding the Restoration Potential Index Value to that acre's total Index Value. ~f. Restoration Stewardship Credits. Restoration Stewardship Credits are hereby established in addition to the Restoration Potential Index Value. In certain locations there may be the opportunity for flow way or habitat restoration such as locations where flow ways have been constricted or otherwise impeded by past activities~ or where additional land is needed to enhance wildlife corridors. Restoration Stewardship Credits shall be applied to an SSA subject to the following regulations: (1) Priority has been given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Therefore, four additional Stewardship Credits shall be generated for each acre of land dedicated by the applicant for restoration activities within any of the following areas: the Camp Keais Strand FSA, contiguous HSAs, or those portions of the Restoration Zone depicted on the RLSA Overlay Map that are contiguous to the Camp Keais Strand. (2) Two additional Stewardship Credits shall be generated for each acre of land dedicated for restoration activities within the Okaloacoochee Slough, contiguous HSAs, or those portions of the Restoration Zone depicted on that are contiguous to the Okaloacoochee Slough. (3) The actual implementation of restoration improvements is not required for the owner to receive such credits referenced in (1) and (2) above. (4) If the applicant agrees to complete the restoration improvements and the eligibility criteria below are satisfied, four additional Stewardship Credits shall be authorized at the time of SSA designation, but shall not become available for transfer until such time as it has been demonstrated that the restoration activities have met applicable success criteria as determined by the permitting or commenting agency authorizing said restoration. One or more of the following eligibility criteria shall be used in evaluating an applicant's request for these additional Restoration Stewardship Credits: (a) FSA and/or HSA lands where restoration would increase the width of flow way and/or habitat corridors along the Camp Keais Strand or Okaloacoochee Slough so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources ~r^L#5289~ ~.5 14 Draft 5/15/2003 staff, there will be functional enhancement of the flow way or wildlife corridor; (b) FSA and/or HSA lands where restoration would increase the width of' flJsw'~- way and/or habitat corridors within two miles of existing public lands so that, in the opinion of the applicant's environmental consultant and County environmental or natural resources staff, there will be a functional enhancement of the flow way or wildlife corridor; (c) Documentation of state or federal listed species utilizing the land or a contiguous parcel; (d) Lands that could be restored and managed to provide habitats for specific listed species (e.g., gopher tortoise, Big Cypress fox squirrel, red- cockaded woodpecker, etc.), or; (e) Occurrence of a land parcel within foraging distance from a wading bird rookery or other listed bird species colony, where restoration and proper management could increase foraging opportunities (e.g., wood storks)+. (5) Lands designated "Restoration" shall be dedicated through a conservation easement or conveyed through fee simple title and ,~11 land uses other thah conservation shall be eliminated. Land Use Layers to be Eliminated. A set of Land Use Layers has been established as part of the Stewardship Credit Worksheet and adopted as the Land Use Matrix- Attachment B to the Rural Stewardship Area Overlay Goals, Objectives and Policies. Each Layer incorporates a number of the permitted or conditional uses allowed under the Baseline Standards. Each Layer listed below has an established credit value (percentage of a base credit) developed during the RLSA Study. At the time of designation application, a landowner wishing to have his/her land designated as an SSA determines how many of the Land Use Layers are to be removed from the designated lands. A Land Use Layer can only be removed in its entirety (all associated activities/land use are removed), and Layers shall be removed sequentially and cumulatively in the order listed below. a. Land Use Layers. I - Residential Land Uses 2 - General Conditional Uses 3 - Earth Mining and Processing Uses 4 - Recreational Uses 5 - Agriculture - Group 1 6 - Agriculture - Support Uses 7 - Agriculture - Group 2 TAL#528911.5 15 Draft 5/15/2003 b. Land Use Matrix ,. _ ..:~ Collier County Rural Lands Stewardship Overlay Land Use Matrix Residential Land General Conditionai Earth Mining and Restoration and Uses Uses I Processin~l Uses Recreational Uses A~]riculture Group 1 Uses A~lriculture Group 2 Natural Resources Single-family dwelling, Family care facilities Excavation, extraction Golf courses and/or Crop raising; :arm labor housing (A) Unimproved pasture Wildlife mansgemenl, incl. mobile home (P) (P) or earthmining and golf driving ranges horticulture; fruit and and grazing, forestry 3lant and wildlife related processing and CU) nut production; groves; (P) conservencies, refuges production (CU) nurseries, improved and sanctuaries pasture (P) Mobile homes [(P) in ;ollection and transler Asphaltic and concrete Sports instructional Animal breeding {other Retail ssle of fresh, Ranching; livestock Water management, MH Overlay; (A) as sites for resource batch making plants schools and campsIhan livestock), rsising, unprocessed raising (P) groundwater recharge temporary use] recovery (CU) (CU) (CU) ~raining, stabling or agricultural products; (P~ <enneling (P) grown primarily on the property (A) Private boathouses Veterinary clinic (CU) Sporting and ~airying; beekeeping; Retail plant nurseries Hunting cabins (CU) Restoration, mitigation and docks on lake, recreational camps 3oultry and egg CU) (P) canal or waterway lots ICU) ~roduction; milk (A) Iproduction (P) Recreational facilities Child care centers and Aquaculture for native Packinghouse or 3ultural, educational, Water supply, wellfields integral to residential .~dult day care centers species (P} and non- similar agricultural ,3r recreational facilities (P); oil and gas development, e.g., golf ~CU) native species (CU) processing of farmland their related exploration (P) course, clubhouse, products produced on modes of transporting community center the property (A) participants, viewers or building and tennis ~atrons;tour facilities, parks, operations, such as, playgrounds and but not limited to play/ields (A) airboats, swamp buggies, horses and similar modes of transportation (CU) Guesthouses (A) Zoo, aquarium, aviary, The commercial Sawmills (CU) Excavation and related Boardwalks, nature botanical garden, or )roduction, raising or processing incidental t¢ [rails (P) other similar uses (CU) breeding of exotic Ag (A) animals (CU) Churches and other Wholesale reptile ~latural resources not )laces of worship (CU) breeding and raising - otherwise listed (P) non-venomous (P) and venomous (CU) Communications Essential services (P towers (P) (CU) and CU) Social and fraternal Oil and gas field organizalions (CU) development and production (CU) Private landing strips for general aviation (CU) Cemeteries (CU) Schools (CU) Group care lacilities, ALE Uses as listed in Collier County Land Development Code - Rural Agricultural District (P) Prinicpal Use, (A) Accessory Use, (CU) Conditional Use Matrix Calculation. The maximum number of credits generated through designation as an SSA is established in a matrix calculation that multiplies each Natural Resource Index Value by the value of each Land Use Layer, thereby establishing a credit value for each acre in the Overlay, weighted by the quality of its natural resources. As Land Use layers are removed, the sum of the percentages of those Layers removed is multiplied by the Natural Resource Index Values to determine the Stewardship Credits to be generated by each acre being designated as an SSA. TAL#528911.5 16 Draft $/15/2003 C. SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. Aa_ SSA Application Package shall include the following: ":~:~ :"~':~,- 1. SSA Designation Application. A landowner or his/her agent, hereafter "applicant," shall submit a request for the designation of SSA for lands within the RLSA District to the Administrator or his designee, on an approved application form. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. The applicant shall prepare and submit as part of the SSA Designation Application a report entitled Natural Resource Index Assessment that documents the Natural Resource Index Value scores. The Assessment shall include a summary analysis that quantifies the number of acres by Index Values, the level of conservation being proposed, and the resulting number of eO_redits being generated. a. The Assessment shall verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery, agency-approved mapping, or other documentation, as verified by field inspections. b. If this Assessment establishes that the Index Value scores assigned during the RLSA Study are no longer valid, the applicant shall document the Index Value of the land as of the date of the SSA Designation Application. c. Establish the suggested "Restoration Potential" Index Value for any acres as appropriate. Provide evidence/documentation supporting the suggested Index Value; d. Quantify the acreage of agricultural lands, by type, being preserved; e. Quantify the acreage of non-agricultural acreage, by type, being preserved; f. Quantify the acreage of all lands by type within the proposed SSA that have an Index Value greater than 1.2; and g. Quantify all lands, by type, being designated as SSA within the ACSC, if any. 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: a. Legal Description, including sketch or survey; b. Acreage calculations, e.g., acres of FSAs, HSAs, and WRAs, etc., being put into the SSA; c. ~ RLSA Overlay Map delineating the area of the RLSA District being designated as an SSA; d. Aerial photograph(s) having a scale of one inch equal to at least 200 feet when available from the eCounty, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating the area being designated as an SSA; TAL#528911.5 1 7 Draft 5/15/2003 e. Natural Resource Index Map of area being designated as an SSA; f. Florida Department of Transportation Florida Land Use Cover and For~ Classification System (FLUCCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one inch equal to 400 feet is acceptable; g. Listed species occurrence map(s) from United States Fish and Wildlife Service, Florida Fish Wildlife Conservation Commission, and Florida Natural Areas Inventory, delineating the area being designated as an SSA; h. United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) Soils map(s) delineating the area being designated as an SSA; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate; and j. Stewardship Credit Calculation Table that quantifies the number of acres by Index Values, the level of conservation being offered, and the resulting number of credits being generated. SSA Credit Agreement. Any landowner petitioning to have all or a portion of land owned within the RLSA District designated as an SSA and who is to obtain SSA credits for the land so designated shall enter into a SSA Credit Agreement with the County. SSA Credit Agreements entered into by and between a landowner and the County shall contain the following: a. The number of acres, and a legal description of all lands subject to the SSA Credit Agreement; b. A map or plan (drawn at a scale of 1"= 200') of the land subject to the agreement which depicts any lands designated FSAs, HSAs, or WRAs and the acreage of lands so designated; A narrative description of all land uses, including conditional uses, if any, that shall be removed from the land upon approval of the SSA Credit Agreement; A Natural Resource Index Assessment worksheet for the land subject to the Agreement and the total number of SSA credits that result from the Natural Resource Index Assessment; A copy of the Stewardship Easement, (or deed if a fee simple transfer is proposed) applicable to the land, which shall be granted in perpetuity and shall be recorded by the County upon approval of the SSA Credit Agreement; Land management measures; Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density or intensity of any permitted uses remaining on the SSA lands, or any additional uses beyond those specified in the SSA Credit Agreement on the land; eo TAL#528911.5 1 8 Draft 5/15/2003 h. Provisions regarding and ensuring the enforceability of the SSA Credit Agreement. :~_..::. i. If applicable, the number of credits to be granted for restoration (Resto~-atier~-? Credits), together with the following information: (1) A legal description of lands to be designated for restoration; (2) A map depicting the land being designated as SSA, with the lands to be dedicated for restoration, but which the applicant makes no commitment to undertake restoration, identified as Restoration I ("R I"); and the lands dedicated for restoration and for which the applicant has committed to carry out the restoration identified as Restoration II ("R Ir'); (3) The number of Restoration Credits to be granted for the lands designated R I and R II; (4)A Restoration Analysis and Report, which shall include a written evaluation of the restoration area's existing ecological/habitat value and the necessary restoration efforts required to reestablish original conditions; enhance the functionality of wetlands or wildlife habitat; or remove exotics so as to enhance the continued viability of native vegetation and wetlands; and _ (5) When the restoration is to be undertaken by the applicant, a Restoration Plan that addresses, at a minimum, the following elements; (a) Restoration goals or species potentially affected; (b) Description of the work to be performed; (c)ldentification of the entity responsible for performing the work; (d) Work Schedule; (e) Success Criteria; and (f) Annual management, maintenance and monitoring. Public Hearing for Credit Agreement. The SSA Credit Agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, toghether with the following portions or exhibits of the SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship Easement on the SSA lands, describing the land uses remaining on the land; c. -r~,.., m.....o,..,.,.'..... A ....... , .'~ .... ~,... ~,.,,4_ '""*~".,,,, ~'",. ~ A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 2.2.27.9.C.5.i(5)(a). Draft 5/15/2003 8. Stewardship Easement Agreement or Deed. The Applicant shall prepare and submit a Stewardship Easement Agreement in all cases except when the property being deeded in fee simple to a "conservation/preservation agency,": -. a. The Agreement shall impose a restrictive covenant or grant a perpetual restrictive easement that shall be recorded for each SSA, shall run with the land and shall be in favor of Collier County and one or more of the following: Florida Department of Environmental Protection, Florida Department of Agriculture and Consumer Services, South Florida Water Management District, or a recognized land trust. b. The Stewardship Easement Agreement shall identify the specific land management measures that will be undertaken and the party responsible for such measures. c. In the event that the land being designated as an SSA is being transferred to a conservation entity by fee simple title, a deed shall be submitted in lieu of the Stewardship Easement Agreement. D, SSA Application Review Process 1. Pre-application Conference with County Staff. Prior to the submission of ~. formal application for SSA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application is to be filed concurrent with an SSA application, one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SSA with the goals, objectives, and policies of the growth management plan; b. Review of the Stewardship Credit Worksheet and Natural Resource Index Assessment for the property; c. Identification of the recognized entity to be named in the covenant or perpetual restrictive easement, and; d. Identification of the proposed land management measures that will be undertaken and the party responsible for such measures. Application Package Submittal and Processing Fees. The required number of copies of each SSA Application and the associated processing fee shall be submitted to the Administrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.9.C. Application Deemed Sufficient for Review. Within fifteen (15) working days of receipt of the SSA Application, the Administrator or his designee shall advise the applicant in writing that the application is complete and sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the Administrator or his designee shall TAL#528911.5 20 Draft 5/15/2003 advise the applicant in writing that the application is complete, or, if additional or revised information is required, the Administrator shall again inform the applicarlt, what information is needed, and the timeframe outlined herein shall occur until application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the Administrator or his designee will distribute it to specific County staff for their review. 5. Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to resolve outstanding issues and confirm public hearing dates. 6. Designation Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon written agreement by the applicant. E. SSA Application Approval Process 1. Public Hearing. The BCC shall hold an advertised public hearing on the proposed resolution approving an SSA Application and SSA Credit Agreement. Notice of the Board's intention to consider the Application and proposed SSA Credit Agreement shall be given at least fifteen (15) days prior to said hearing by publication in a newspaper of general circulation in the County. A copy of such notice shall be kept available for public inspection during regular business hours of the Office of Clerk to the BCC. The notice of proposed hearing shall state the date, time and place of the meeting, the title of the proposed resolution, and the place or places within the County where the proposed resolution and agreement may be inspected by the public. The notice shall provide a general description and a map or sketch of the affected land and shall advise that interested parties may appear at the meeting and be heard with respect to the proposed resolution The BCC shall review the staff report and recommendations and, if it finds that all requirements for designation have been met, shall, by resolution, approve the application. If it finds that one or more of the requirements for designation have not been met, it shall either deny the application or approve it with conditions mandating compliance with all unmet requirements. Approval of such resolution shall require a majority vote by the BCC. 2. Legal Description. Following the Board's approval of the SSA Application and SSA Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the Stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within thirty (30) days by the applicant in the public records. 3. Update the RLSA Overlay Map and Official Zoning Atlas, The Official Zoning Atlas shall be updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not TAL#528911.5 2 1 Draft 5/15/2003 limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular gro .wt~... management cycle no later that twelve months from the effective date of the"S~A~-~' Agreement. F. SSA Amendments~, Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the ~ct~5!!chm~.":t designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall land use layers, once removed as part of an SSA designation, be added back to the SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership. 2.2.27'.10. SI:IA Designation. SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. ,,,,..,4 ................ . ,4 ,.,..,~..,,. . . oD^.. ,~, ..... ~ ,~,.. , .... ,....., ~, ...... ,4--~-r, C'cd"t ....... ,,.,,4 "c"" SSA..." Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the Affordable Housing Density Bonus as referenced in the Density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on th=t the date that the SRA Credit Agreement becomes effective pursuant to Section 2.2.27.10.D.11.c. Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, m~ which shall reflect the total number of transferable Credits assigned to the parcel of land. A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. a. An SRA must contain sufficient suitable land to accommodate the planned development. b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA TAL#528911.5 22 Draft 5/15/2003 shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. c. Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. d. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. e. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Gross acreage includes only that area of development within the SRA that requires the consumption of Stewardship Credits. f. As an incentive to encourage open space, open space on lands within an SRA located outside of the ACSC,.............."':"'",~ that exceeds the required thirty-five percent retained open space shall not be required to consume Stewardship Credits. - g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 2.2.27.10.J.6.d. An SRA may be contiguous to, or encompass a WRA. h. The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. SI:lAs Within the ACSC. SRAs are permitted within the ACSC subject to limintations on the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC. a. The only forms of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, two SRAs, consisting of any combination of Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of the RLSA Overlay, had been predominantly cleared as a result of Ag Group I (Laver 5) or Earth Mining or Processing Uses (Laver 3~. TAL#528911.5 23 Draft 5/15/2003 b. The Town form of an SRA shall not be located within the ACSC. B. Establishment and Transfer of Stewardship Credits. The procedures for establishment and transfer of Credits and SRA designation are set forth herein.- Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an.,SRA on a per acre basis, as described in Section 2.2.2710.B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to entitle an SRA within the ACSC. b. Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth herein. c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of thes~ policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section. e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 2.2.27.6., and transferred to an SRA subject to the limitations contained in this Section. 2. Stewardship Credit Exchange. · Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. Lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as open space and maintained in a predominantly natural, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding the required thirty-five percent shall not be required to consume Stewardship Credits. 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be required to consume Stewardship Credits and shall not count toward the maximum acreage limits of an SRA. For the purpose of this Section, public benefit uses are limited to public schools (preK-12) and public or private post secondary institutionsl, i,qclud~.'t.~ Post Secondary Institutuion eA_.ncillary uUses; community parks exceeding the minimum requirement of 200 square feet per dwelling unit; municipal golf courses; regional parks; and governmental facilities excluding essential services as defined in the LDC. 4. Mixed Land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents ~r^[#52a9 ~ ~.5 24 Draft 5/15/2003 of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide ~ mix of services to and are supportive to the residential population of an SRA an'd ~'~' RLSA District. SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7':'1, 4.7.2, 4.7.3, 4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. Forms of SI:IA Developments. SRA Developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(I), F.A.C. These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl; protect environmentally sensitive areas; maintain the economic viability of agricultural and other predominantly rural land uses; and, provide for the cost-efficient delivery of public facilities and services. Only the following four specific forms of ruraJ development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 2.2.27.10.J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential TAL#528911.5 25 Draft 5/15/2003 neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office us.es,,.~., a ratio as provided in Section 2.2.27.10.J.1. Villages are an appropriate location 'f'oi~' a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 2.2.27.10.J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 4. Compact Rural Developments (CRDs). Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the-mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 2.2.27.10.J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 2.2.27.10.C.2. or 3. a. Size of CRDs limited. There shall be no more than 5 CRDs of more than 100 acres in size. b. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 2.2.27.10.A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five j~5) of any combination of Hamlets and CRDs of 100 acres of less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5}. of any combination of Hamlets and CRDs of 100 acres of less may approved for each subsequent Village or Town approved. 6 SRAs as Part of a Development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of Section 380.06, F.S. and the RLSA District Regulations. TAL#528911.5 26 Draft 5/15/2003 a. An SRA Designation Application may be submitted simultaneously with a Preliminary Development Agreement application that occurs prior to a DBI Application for Development Approval (ADA). In such an application, the SRA Development shall be determined by the characteristics of the DRI project, as described in the PDA. b. The DRI may encompass more than a single SRA Designation Application. It is the intent of this Section to allow for the future designations of SRAs within a DRI as demonstrated by the DRI phasing schedule. c. A DRI applicant is required to demonstrate that: The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or; The applicant owns or has a contract with an owner of enough land that would qualify as SRAs to entitle the DRI as part of subsequent SRA Designation Applications, or has the ability to obtain the necessary Stewardship Credits to entitle the entire DRI as part of subsequent SRA Designation Applications. D. SI:lA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall b~ made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the follow: 1. SRA Designation Application. An application shall be submitted by a landowner or his/her agent, hereafter "applicant," to request the designation of an SRA within the RLSA District. The Application shall be submitted to the Administrator or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section. 2. Application Fee. An application fee shall accompany the application. 3. Natural Resource Index Assessment. An A,a_ssessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: a. Identify all lands within the proposed SRA that have an Index Value greater than 1.2; b. Verify that the Index Value scores assigned during the RLSA Study are still valid through recent aerial photography or satellite imagery or agency-approved mapping, or other documentation, as verified by field inspections. c. If the Index Value scores assigned during the RLSA Study are no longer valid, the Applicant shall Ddocument the current Index Value of the land. d. Quantify the acreage of agricultural lands, by type, being converted; e. Quantify the acreage of non-agricultural acreage, by type, being converted; f. Quantify the acreage of all lands by type within the proposed SRA that have an Index Value greater than 1.2; TAL#5289 t 1.5 27 Draft 5/15/2003 g. Quantify the acreage of all lands, by type, being designated as SRA within the ACSC, if any; and h. Demonstrate compliance with the Suitability Criteria contained in Secti'oh-? 2.2.27.10.A. 1. 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: a. Legal Description, including sketch or survey; b. Acreage calculations of lands being put into the SRA, including acreage calculations of WRAs (if any) within SRA boundary but not included in SRA designation; c. ~ RLSA Overlay Map delineating the area of the RLSA District being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of area being designated as an SRA; f. FLUCCS map(s) delineating the area being designated as an SRA; g. Listed species map(s) delineating the area being designated as an SRA; h. Soils map(s) delineating the area being designated as an SRA, and; i. Documentation to support a change in the related Natural Resource Index Value(s), if appropriate. 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 2.2.27.10.G. 6. SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Development Document shall be consistent with the requirements of Section 2.2.710.H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 2.2.27.10.K. 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 2.2.2710.L. 9. Stewardship Credit Use and Reconciliation Application. A Credit Use and Reconciliation Application shall be submitted as part of an SRA Designation Application in order to track the transfer of credits from SSA(s) to SRA(s). The Stewardship Credit Use and Reconciliation Application shall be in a form provided by TAId4528911.5 28 Draft 5/15/2003 the Administrator, following: A summary table in a form provided by Collier County that identifies exchange of all Stewardship Credits that involve the SRA and all of associated SSAs from which the Stewardship Credits are being obtained. or his designee. The application package shall contain the a. The legal description of, or descriptive reference to, the SRA to which the;e Stewardship Credits are being transferred; b. Total number of acres within the proposed SRA and the total number of acres of the proposed SRA within the ACSC (if any); c. Number of acres within the SRA designated "public use" that do not require the redemption of Stewardship Credits in order to be entitled (does not consume credits); d. Number of acres of "excess" open spaces within the SRA that do not require the consumption of credits; e. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation; f. Number of acres within the SRA that consume ~Credits; g. The number of Stewardship Credits being transferred (consumed by) to the SRA and documentation that the applicant has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits / acre equals the number of Credits to be transferred (consumed); i. A descriptive reference to one or more approved or pending SSA Designation Applications from which the Stewardship Credits are being obtained. Copies of the reference documents, e.g., SSA Stewardship Credit Agreement, etc., shall be provided, including: (1) SSA application number; (2) Pending companion SRA application number; (3) SSA Designation Resolution (or Resolution Number); (4) SSA Credit Agreement (Stewardship Agreement); (5) Stewardship Credits Database Report. j. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being obtained; and k. the the 10.Conditional SRA Designation. If at the time of the approval of the SRA Designation Application the applicant has not acquired the number of credits needed to entitle the SRA, then the SRA Designation approval shall be conditional. The applicant shall have 60 days from the date of the conditional approval to provide documentation of the acquisition of the required number of Stewardship Credits. If TAL#528911.5 29 Draft 5/15/2003 the applicant does not provide such documentation within 60 days, the conditional SRA Designation approval shall be null and void. The Stewardship Credit Use Reconciliation Application shall be amended to accurately reflect the transfer-of~-~- credits that occurred following the conditional approval of the SRA. 11 .SRA Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit Agreement with the County. b. The SRA Credit Agreement shall contain the following information: (1) The number of SSA credits the applicant for an SRA designation is utilizing and which shall be applied to the SRA land in order to carry out the plan of development on the acreage proposed in the SRA Development Documents. (2) A legal description of the SRA land and the number of acres; (3) The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leaseable area of retail and office square footage and other land uses depicted on the master plan; (4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; (5) The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and (6) The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment. c. The SRA Credit Agreement shall be effective on the latest of the following dates: (1) the date that the County approves the SRA Application; (2) the date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or (3) five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to th'at date. d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following: (1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and (2) a legal description of the SRA lands. e. If the development provided for within an SRA constitutes, or will constitute, a development of regional impact ("DRI") pursuant to Sections 380.06 and TAL#528911.5 30 Draft 5/15/2003 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") from the Florida Department of Community Affairs for _a portion of the SRA land, the applicant may request the County to enter i'nt5~ a'% Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum. E. SRA Application Review Process 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the Administrator or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre- application conference should address, but not be limited to, such matters as: - g a. Conformity of the proposed SRA with the goals, objectives, and policies of the growth management plan; b. Consideration of suitability criteria described in Section 2.2.27.10.A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient stewardship credits to implement the SRA uses, and; e. Consideration of impacts, including environmental impacts. Application Package Submittal and Processing Fees. and public infrastructure The required number of SRA Applications and the associated processing fee shall be submitted to the Administrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.1 O.D. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the Administrator or his designee shall notify the applicant in writing that the application is deemed sufficient for agency review or advise what additional information is needed to find the application sufficient. If required, the applicant shall submit additional information. Within twenty (20) days of receipt of the additional information, the Administrator or his designee shall notify the applicant in writing that the application is deemed sufficient, or, what additional or revised information is required. If necessary, the Administrator shall again inform the TAL#52891 t.5 31 Draft 5/15/2003 applicant in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. Review by County Reviewing Agencies: Once the SRA application is deemed sufficient, the Administrator or his designee will distribute it to specific County review staff. 5. Staff Review, Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide comments, questions, and clarification items to the applicant. If deemed necessary by county staff or the applicant, a meeting shall be held to address outstanding issues and confirm public hearing dates. 6. Staff Report. Within ninety (90) days from the receipt of a sufficient application, county staff shall prepare a written report containing their review findings and a recommendation of approval, approval with conditions or denial. This timeframe may be extended upon agreement of county staff and the applicant. F. SRA Application Approval Process. 1. Public Hearings Required. The BCC shall review the staff report and recommendations and the recommendations of the EAC and CCPC, and the BCC shall, by resolution, approve, deny, or approve with conditions the SRA Application only after advertised public notices have been provided and public hearings held in accordance with the following provisions: a. Public Hearing Before the EAC, Recommendation to the BCC. The EAC shall hold one public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conservation, FSA, or HSA. b. Public Hearing Before the CCPC, Recommendation to BCC. The CCPC shall hold one advertised public hearing on the proposed resolution to designate an SRA. A notice of the public hearing before the CCPC on the proposed resolution shall include a general description and a map or sketch and shall be published in a newspaper of general circulation in the County at least ten (10) days in advance of the public hearing. c. Public Hearing Before the BCC, Resolution Approved. The BCC shall hold one advertised public hearing on the proposed resolution to designate an SRA. A public notice, which shall include a general description and a map or sketch, shall be given to the citizens of Collier County by publication in a newspaper of general circulation in the County at least ten days prior to the hearing of the BCC. The advertised public notice of the proposed adoption of the resolution shall, in addition, contain the date, time and place of the hearing, the title of the proposed resolution and the place within the County where such proposed resolution may be inspected by the public. The notice shall also advise that interested parties may appear at the hearing and be heard with respect to the proposed resolution. TAL#528911.5 3 2 Draft 5/15/2003 2. Update Stewardship Credits Database. Following the effective date of the approval of the SRA, the County shall update the Stewardship Credits Database. used to track both SSA credits generated and SRA credits consumed. ~- '---? 3. Update the Official Zoning Atlas and the RLSA Overlay Map. Following the effective date of,the approval of the SRA, the County shall update the Official Zoning Atlas to reflect the designation of the SRA. Sufficient information shall be included on the updated maps so as to direct interested parties to the appropriate public records associated with the designation, e.g., Resolution number, SRA Designation Application number, etc. The RLSA Overlay Map shall be updated to reflect the SRA designation during a regular growth management plan amendment cycle, no later than twelve months from the effective date of the SRA Credit Agreement. 4.SRA Amendments. Amendments to the SRA shall be considered in the same manner as described in this Section for the establishment of an SRA, except as follows. a. Waiver of Required SRA Application Package Component(s). A waiver may be granted by the Administrator or his designee, if at the time of the pre- application conference, in the determination of the Administrator, the original SRA Designation Application component(s) is (are) not materially altered by the amendment or an updated component is not needed to evaluate the amendment. The Administrator shall determine what application components and associated documentation are required in order to adequately evaluate the amendment request. b. Approval of Minor Changes by Administrator. Administrator shall be authorized to approve minor changes and refinements to an SRA Master Plan or Development Document upon written request of the applicant. Minor changes and refinements shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. The following limitations shall apply to such requests: (1) The minor change or refinement shall be consistent with the RLSA Overlay, the RLSA District Regulations, and the SRA Development Document's amendment provisions. (2) The minor change or refinement shall be compatible with contiguous land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the SRA. (3) Minor changes or refinements, include but are not limited to: (a)Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County; TAL#528911.5 33 Draft 5/15/2003 (b)lnternal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management facilities, preservation areas,.:_og'. required easements are not adversely affected; and (c)Reconfiguration of parcels when there is no encroachment into the conservation areas or lands with an Index Value of 1.2 or higher, c. Relationship to Subdivision or Site Development Approval. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to, any application for Subdivision or Site Development Plan approval. However, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. G. Master Plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable Growth Management Plan policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and Conservation Lands on the RLSA Overlay Map. 1. Master Plan Requirements. A master plan shall accompany an SRA Designation Application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall be designed by an urban planner who possesses an AICP certification, together with at least one of the following: a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. a qualified environmental consultant per Section 3.8 of the LDC; or c. a practicing architect licensed by the State of Florida. 2. Master Plan Content. At a minimum, the master plan shall include the following elements: a. The title of the project and name of the developer; b. Scale, date, north arrow; c. Location map that identifies the relationship of the SRA to the entire RLSA District, including other designated SRAs; d. Boundaries of the subject property, all existing roadways within and adjacent to the site, watercourses, easements, section lines, and other important physical features within and adjoining the proposed development; e. Identification of all proposed tracts or increments within the SRA such as, but not limited to: residential, commercial, industrial, institutional, conservation/ preservation, lakes and/or other water management facilities, the location and function of all areas proposed for dedication or to be reserved for community TAL#528911.5 34 Draft 5/15/2003 and/or public use, and areas proposed for recreational uses including golf courses and related facilities; ~:~.,,~. f. Identification, location and quantification of all wetland preservation, buffer areas, and open space areas; g. The location"and size (as appropriate) of all proposed drainage, water, sewer, and other utility provisions; h. The location of all proposed major internal rights of way and pedestrian access ways; i. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; j. Identification of any WRAs that are contiguous to or incorporated within the boundaries of the SRA; and k. Documentation or attestation of professional credentials of individuals preparing the master plan. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a Development Document that shall consist o-f the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. 1. The document shall be prepared by an urban planner who possesses an AICP certification, together with at least one of the following: a. a professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. a qualified environmental consultant per Section 3.8 of the LDC; or c. a practicing architect licensed by the State of Florida. 2. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: a. Title page to include name of project; b. Index/table of contents; c. List of exhibits; d. Statement of compliance with the RSLA Overlay and the RLSA District Regulations; e. General location map showing the location of the site within the boundaries of the RLSA Overlay Map and in relation to other designated SRAs and such external facilities as highways; f. Property ownership and general description of site (including statement of unified ownership); g. Description of project development; TAL#528911.5 35 Draft 5/15/2003 h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; _~. i. The overall acreage of the SRA that requires the consumption of Stewardsl~ip'? Credits and proposed gross density for the SRA; j. Identification~,of all proposed land uses within each tract or increment describing: acreage; proposed number of dwelling units; proposed density and percentage of the total development represented by each type of use; or in the case of commercial, industrial, institutional or office, the acreage and maximum gross leasable floor area within the individual tracts or increments; k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 2.2.27.10.J.; I. All proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed; m. The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; n. A Natural Resource Index Assessment as required in Section 2.2.27.9.C.3.; o. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; p. A plan for the provision of all needed utilities to and within the SRA; including (as appropriate) water supply, sanitary sewer collection and treatment system, stormwater collection and management system, pursuant to related county regulations and ordinances; q. Typical cross sections for all arterial, collector, and local streets, public or private, within the proposed SRA; r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; s. Development commitments for all infrastructure; t. When determined necessary to adequately assess the compatibility of proposed uses within the SRA to existing land uses, their relationship to agriculture uses, open space, recreation facilities, or to assess requests for deviations from the Design Criteria standards, the Administrator or his designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate; u. Development Document amendment provisions; and, v. Documentation or attestation of professional credentials of individuals preparing the development document. DRI Master Plan. If applicable, the DRI master plan shall be included as part of the SRA Designation Application. The DRI master plan shall identify the location of the SRA being designated, and any previously designated SRAs within the DRI. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in TAL#528911.5 36 Draft 5/15/2003 Chapter 163.3177 (11), F.S. and 0J-5.006(5)(I). The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum residential density as specified herein for each form of SRA may only be exceeded`= through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenc~d in the Density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SFIA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart, the following design criteria and those set forth in 2. through 6. below: TAL#528911.5 37 Draft 5/15/2003 Collier County RLSA Overlay Stewardship Receiving Area Characteristics T~/pical Characteristics Town* Villa0e Hamlet Compact Rural Development Size (Gross Acres) 1,000-4,000 acres 100-1,000 acres"* 40~100 acres" 100 Acres or less** Greater Than 100 Acres'* Residential Units (PUs) per gross i~gre base density 1-4 DUs per gross a~..rp*'* 1-4 PUs per gross acre"*' 1/2 -2 DU per gross acre'*' 1/2 -2 DU per gross acre"* 1-4 DUs per gross acre'** Full range ol single family and Diversity of single lamily and multi Residential Housing Styles multi4amily housing types, styles, family housing types, slyles, lot Single Family _~r,d ~imlt~d m, ,~ti- qin~l~ ~_mi~,/~.,~ ~i~ited m,_'"ti- qlnGl~ ~o~,., o..~ ~i~to,4 m._,~ti_ R,~,,? M~,,~ip0 - .45 T,o~oi~ I ~,~2;~g _ 26 upa net Trn"elent ~ -':"~gi""o "26 upa net Tr~n$!er't Lnd~!"~ - 26 upa net Tr=~ci~nt I odg!ng - 26 upa net Neighborhood Goods and Village Cenler with Neighborhood Convenience Goods and Convenience Goods and Village Center with Neighborhood Services in Town and Village Goods and Services in Village Services: Minimum 10 SF gross Services: Minimum 10 SF gross Goods and Services in Village Goods and Services Centers: Minimum 65 SF gross Centers: Minimum 25 SF gross building area per DU building area per DU Centers: Minimum 25 SF gross building area per DU; Cerpor~_te building area per DU building area per DU Individual Well and Septic Individual Well and Septic Parks & Public Green Spaces w/n Public Green Space for Public Green Space for Parks & Public Green Spaces ~'/n Community Parks 1200 SF/DU) Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of Neighborhoods (minimum 1% of SRA SRA Lakes Open Space Minimum 35% of SRA Inlerconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and pathway system pathway system Pedestrian Pathways Pedestrian Pathways pathway system Towns are prohibited within the ACSC, per policy 4,7.1 of the Goals, Objectives, and Policies. - Villaqes, Hamlets, and Compact Rural Developments within the ACSC are subject to location and size limitations, per policy 4.20. and are subiecl Io Chapter 28-25. FAC. - Density can be increased beyond the base density through the Affordable Housing Density Bonus or through the density blending provision, per policy 4.7.. .... - Those CRDs that include single or multi-family residential uses shall include proportionate supporl services, U~ded~ed uses are not reouired uses. 2. Town Design Criteria. [Reserved] 3. Village Design Criteria. [Reserved] 4. Hamlet Design Criteria. [Reserved] 5. CRD Design Criteria. [Reserved] 6. Design Criteria Common to SRAs. TAL#528911.5 3 8 Draft 5/15/2003 a. Parcels of one (1) acre or more, with a Natural Resource Index rating greater than 1.2, must be preserved as open space and maintained in a predomin, anfi¥.~ naturally vegetated state. b. A minimum of 35% of the SRA land designated as Town or Village shall be kept in open space. c. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the hydroperiods of adjacent FSA, HSA, WRA or Conservation Land and will not adversely affect the water use rights of either adjacent developments or adjacent agricultural operations and will comply with the SFVVMD Basis of Review. Detention and control elevations shall be established to protect natural areas and be consistent with surrounding land and project control elevations and water tables. d. Where an SRA adjoins an FSA, HSA, WRA or existing public or private conservation land delineated on the RLSA Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. Best management practices shall include the following: (1)The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. (2) Open space within or contiguous to an SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the RLSA Overlay Map. Open space contiguous to or within 300 feet of the boundary of an FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. e. Where a WRA is incorporated into the stormwater system of an SRA, the provisions of Section 2.2.27.9.A.4.b. apply. f. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. Infrastructure Required. AN SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand as identified in Division 3.15 of the LDC. The level of infrastructure required will depend on the type of development, accepted civil engineering practices, and the requirements of this Section. TAL#528911.5 3 9 Draft 5/15/2003 a. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the provisions in Division 3..!5..?¢~._. the LDC in effect at the time of SRA designation. '- '-~ b. Infrastructure to be analyzed will include facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. c. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility service, the developer, a Community Development District, other special districts the Immokalee Water Sewer Service District, Collier County Water and Sewer District, or other governmental entity. This Section shall not prohibit innovative alternative water and wastewater treatment systems such as decentralized community treatment systems provided that they meet all applicable regulatory criteria. d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD are permitted on an interim basis until services from a centralized/decentralized community system are available. e. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. 8. Requests for Deviations from the LDC. The SRA Development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 2.2.27.10.J.2. through 5 expressly prohibit deviation; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in Chapter 163.3177 (11), F.S. and 9J- 5.006(5)(L). K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 2.2.2710.L. Impact assessments shall be prepared in the following infrastructure areas: 1. Transportation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation or procedure, shall be prepared by the applicant as component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. TAL#528911.5 40 m Draft 5/15/2003 a. In addition to the standard requirements of the analyses required above, the transportation impact assessment shall specifically consider, to the ext..e_.r~L_. applicable, the following issues related to the highway network: -' '-~ (1) Impacts to the level of service of impacted roadways and intersections, comparing the proposed SRA to the impacts of conventional Baseline Standard development; (2) Effect(s) of new roadway facilities planned as part of the SRA Master Plan on the surrounding transportation system; and (3) Impacts to agri-transport issues, especially the farm-to-market movement of agricultural products. b. The transportation impact assessment, in addition to considering the impacts on the highway system, shall also consider public transportation (transit) and bicycle and pedestrian issues to the extent applicable. c. No SRA shall be approved unless the transportation impact assessment required by this Section has demonstrated through data and analysis that the capacity of County/State collector or arterial road(s) serving the SRA to be adequate to serve the intended SRA uses in accordance with Division 3.15 of the LDC iff effect at the time of SFIA designation. Potable Water. A potable water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either FAC Chapter 64E-6, for private and limited use water systems, or FAC Chapter 62-555 for Public Water Systems. In addition to the standard requirements of the analyses required above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water proposed for potable water supply. Irrigation Water. An irrigation water assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall quantify the anticipated irrigation water usage expected at the buildout of the SRA. The assessment shall identify the sources of water proposed for irrigation use and shall identify proposed methods of water conservation. Wastewater. A wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the applicant will conform to either Standards for Onsite Sewage Treatment and Disposal Systems, contained in State of Florida in Chapter 64E6, F.A.C. for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600, F.A.C. for wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition to the standard requirements of the analyses required above, the wastewater assessment shall specifically consider, to the extent applicable, the disposal of waste products generated by the proposed treatment process. TAL#528911.5 41 Draft 5/15/2003 5. Solid Waste. A solid waste assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as part of an..S.~P~_, Designation Application package. The assessment shall identify the means and~? methods for handling, transporting and disposal of all solid waste generated including but ngt limited to the collection, handling and disposal of recyclables and horticultural waste products. The applicant shall identify the location and remaining disposal capacity available at the disposal site. 6. Stormwater Management. A stormwater management impact assessment shall be prepared by the applicant as a component of an Impact Assessment Report that is submitted as a part of an SRA Designation Application Package. The stormwater management impact assessment shall, at a minimum, provide the following information' a. An exhibit showing the boundary of the proposed SRA including the following information: (1) The location of any WRA delineated within the SRA; (2) A generalized representation of the existing stormwater flow patterns across the site including the location(s) of discharge from the site to the downstream receiving waters; (3) The land uses of adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjoining properties. b. A narrative component to the report including the following information: (1) The name of the receiving water or, if applicable, FSA or WRA to which the stormwater discharge from the site will ultimately outfall; (2) The peak allowable discharge rate (in cfs / acre) allowed for the SRA per Collier County Ordinance 90-10 or its successor regulation; (3) If applicable, a description of the provisions to be made to accept stormwater flows from surrounding properties into, around, or through the constructed surface water management system of the proposed development; (4) The types of stormwater detention areas to be constructed as part of the surface water management system of the proposed development and water quality treatment to be provided prior to discharge of the runoff from the site; and (5) If a WRA has been incorporated into the stormwater management system of an SRA, the report shall demonstrate compliance with provisions of Section 2.2.27.9.A.4.b. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, fire, and schools. Development phasing and funding mechanisms shall address any TAL#528911.5 42 Draft $/15/2003 adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of the LDC. 1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end:of each phase, or every five (5) years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, using one of the following methodologies: a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and maintained by Collier County. b. Alternative Fiscal Impact Model, If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Collier County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM") developed by the State of Florida or with Burchell et al., 1994, Development Assessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Monitoring Requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90% built out. The Report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. 4. Special Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation, the special district will enter into an Interlocal agreement with the County to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. 2.2.27.11. Baseline Standards. [Reserved] TAL#528911.5 43 RLSA DISTRICT REGULATIONS 5/21/03 ERRATA SHEET Page Section Revision 7 2.2.27.2.7. Change "Group 5" to "Group 4" 8 2.2.27.7.D.1 Add as last sentence: The County shall encouraqe public participation in the review process throuqh publicly noticed workshops and meetinqs and throu.qh the solicitation of public input, includinq but not limited to representatives of the environmental community, the East Collier Property Owners Association, and a farmworker or.qanization. 10 2.2.27.9.A.2 Add new "e" to read as follows: Once land in an FSA is desi.qnated as an SSA, no expansion of A.qriculture Group 1 (Layer 5) or A.qriculture Group 2 (Layer 7) and no conversion of A.qriculture Group 2 to A_qriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA desi.qnation is approved. 11 2.2.27.9.A.3. Add new "j' to read as follows: Once land in an HSA is desi.qnated as an SSA, no expansion of A.qriculture Group 1 (Layer 5) or A.qriculture Group 2 (Layer 7) and no conversion of Aqriculture Group 2 to A.qriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA desiqnation is approved. 18 2.2.27.9.C.5.g Amend as follows: Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density e~ ,~,,~'~""~",.~,, or any additional land uses beyond those specified in the SSA Credit Agreement. 18 2.2.27.9.C.5 Add new "h" to read as follows: Provisions requirin.q that, upon designation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter .qrant or approve any expansion or conversion of aqricultural land uses in violation of Sections 2.2.27.9.A.2 and 3. TAL#529175.1 Page Section Revision 19 2.2.27.9.C.5 Renumber current "h" and "i" to 'T' and "j." 37 2.2.27.10.J. Capitalize "affordable housing density bonus" for consistency with references elsewhere. 37 2.2.27.10.J.1 Amend last sentence as follows: All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart~ and the ~"'",,-,,--.. .... ,,~"~',u design criteria ,..,~"'~,.. *~"-"'-,, ,....... set forth in 2, through 6. below.'-. TALg529175.1 RLSA DISTRICT REGULATIONS 5/21/03 ERRATA SHEET Page Section Revision 7 2.2.27.2.7. Change "Group 5" to "Group 4" 8 2.2.27.7.D.1 Add as last sentence: The County shall encoura.qe public participation in the review process throu.qh publicly noticed workshops and meetin,qs and throu.qh the solicitation of public input, includin.q but not limited to representatives of the environmental communitv, the East Collier Property Owners Association, and a farmworker or.qanization. 10 2.2.27.9.A.2 Add new "e" to read as follows: Once land in an FSA is desi.qnated as an SSA, no expansion of A,qriculture Group 1 (Layer 5) or A.qriculture Group 2 (Layer 7/and no conversion of Aqriculture Group 2 to A.qriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA desi.qnation is approved. 11 2.2.27.9.A.3. Add new "j' to read as follows: Once land in an HSA is desiqnated as an SSA, no expansion of A.qriculture Group 1 (Layer 5) or A.qriculture Group 2 (Layer 7) and no conversion of Aqriculture Group 2 to A.qriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA desi.qnation is approved. 18 2.2.27.9.C.5.g Amend as follows: Provisions requiring that, upon designation of land as an SSA, the owner shall not seek or request, and the County shall not grant or approve, any increase in density eF ,,.,,~'~"~',,~,, or any additional land uses beyond those specified in the SSA Credit Agreement. 18 2.2.27.9.C.5 Add new "h" to read as follows: Provisions requirin.q that, upon desiqnation of land within either an FSA or an HSA as an SSA, the owner shall not thereafter seek or request, and the County shall not thereafter .qrant or approve any expansion or conversion of a.qricultural land uses in violation of Sections 2.2.27.9.A.2 and 3. TALg529175.1 Page Section Revision 19 2.2.27.9.C.5 Renumber current "h" and 'T' to 'T' and "j." 37 2.2.27.10.J. Capitalize "affordable housing density bonus" for consistency with references elsewhere. 37 2.2.27.10.J.1 Amend last sentence as follows: All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart~ and the ~"'" .... ;'~," .......... .......... ~ design criteria '-"'~ *~"-",~ set forth in 2. through 6. belows_ TALg529175.1