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Backup Documents 05/21/2003 S
BOARD OF COUNTY COMMISSIONERS/ LDC AMENDMENTS CIAL MEETING MAY 2'1, 2003 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. Continued to the June 16, 2003 BCC Meeting at 5:05 p.m. 3. ADJOURN 2 May 21, 2003 15:43 FAX 9416436968 COLLIER CO COM~SNIT¥ DEV ~001 **$ TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TII/E USAGE T PGS. SENT RESULT 3824 05/06 15:41 01'50 7 OK 2634703 Plann~g Sendces Deparlment 2800 Nmlh Horaeshoe Drive Napm~, Flodda 34104 (239) 4O3-240O (239) 643-6869 er (,239) 213-2916 FAX COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 CURRENT PLANNING May 8, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish both of the following public notices, each as a separate advertisement for a Display, t/, page, with map attached, Legal Notice in your edition of May 13, 2003, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. The first of the two public notices should include the standard map of unincorporated Collier County and read as follows: NAY 21, 2003 BCC PUBLIC ~q.RING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on May 21, 2003, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building ~F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County CommissiOners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE ~ER 91-102, AS AM~.NDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, C o i e r C Phone (239) 403-2400 Fax (239) 643-6968 www. colliergov, net RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPCIFICALLY 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. Final Adoption of the ordinance will be considered at a second public hearing on June 18, 2003. Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk BCC Ad 1 (7 day) Use standa~ map of uninco~omted Collier County. ORDINANCE NO. 03- 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, DEFINITIO~qS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and have been met; and WHEREAS, all requirements of Resolution 97-177 WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 21, 2003, and June 18, 2003= and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. ' Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202( ii. Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not 2 consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, con~;en.ience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability o,f present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier, County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 1.8. NONCONFORMIES Division 1.8. Nonconforming Lots of Record, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.8. NONCONFORMING LOTS OF RECORD Sec. 1.8.2Nonconforming Lots of Record. C. When two or more adiacent 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 non-conforming 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 unified parcel, the property can not be split or subdivided except as allowed then may be allowed by this code. SUBSECTION 3.B. AMENDMENTS TO DIVISION 1.18 Division 1.18, Laws Incorporated herein by reference, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 1.18 LAWS INCORPORATED HEREIN BY REFERENCE 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 Construction Administrative Code 9 ! 55 2002-01 [Code of Laws Ch. 22, Art.. 1I] Standard Building Code 1988 Code with 89 and 90 Revisions Florida Building Code 2001, including the following technical codes: Plumbing Mechanical Fuel Gas 91 58 2002-01 [Code of Laws §§ 22-106, 22-1071 Stundard Plumbing Cede 91 59 [Code §§ 22-106, 22-108] 1988 Cede ';'it~ 89 and 90 Revisions Standard Mecbaff. za! Cede 9! 59 [C~e ~ 22-106, 22-109] Standard Ga~ Cede 91 51 [Code ~ 22-106, 22-110] 1988 Cede ':,'irk ~9 ~'~ 90 P. evisianz e.~,a~ e,.,:~;~ o~ o~a~ g7 21 [Code ch. 22, art. IV, div. 3] Editi~n: !985 ~e National Electrical Code ~ition: !990 NFPA 70 1999 91 ~2 ICode ch. 22, art. IV, div. 2] Na'2c. na! Fir~, Prct~t~cn (NFPA) Ed~fc, n: !986 Florida Fire Prevention Code Chapter 4A-60, Florida Administrative Code National Fire Protection Association {NFl?A) 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 ~6 5~. 2002-49 [Code of Laws Ch. 58, Art.. 11] Floodplain 86-28 [Code ch. 62, art. II] 87-80 90-31 Coastal Building Zone (Wind) 8%20 [Code ch. 22, art. IX] 2002-1 Utility Standards 88-76 [Code ch. 134, art. 11I] 89-23 89-32 Public Right-of-Way Standards 89 2~ 93-64 Seawall Construction 85-2 [Code ch. 22, art. IX] 85 -26 86-5 Water Policy 74-50 [Code ch. 90, art. 11] 90-10 2001-27 Collier County Streetscape Master Plan (CCSMP) 97-25 JBSECTION 3.C AMENDMENTS TO DIVISION 2.2., ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS DIVISION 2.2., Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED US.ES, CONDITIONAL USES, DIMENSIONAL STANDARDS 27. Sec. 2.2.3 Estates district (E) 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. 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. o 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 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. 5 10. Section 2.2.4. Residential single-family districts (RSF). 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. 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. Section 2.2.5 Residential multiple-family-6 district (RMF-6). 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: 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 Section 2.2.6 Residential multiple-family-12 district (RMF-12). 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: 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. Section 2.2.7 Residential multiple-family-16 district (RMF-16). 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: 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. o Section 2.2.8 Residential Tourist district (RT). 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: 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. 6 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: A maximum cf 26 units per acre for hotels and motels, and 16 units per acre for timeshares and multifamily uses ~,~,,~,:~ ~c .~,~ o r-~n,~ For properties located outside an activity 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. Wken Iccatefl cutsifle an calculation of density shall based on the land area defined by a lot(s) of record. Any project~ which received approval at a public hearing prior to July 1, 2000~ shall not be deemed to be nonconforming as a result of inconsistency with density limitations. Section 2.2.9. Village Residential district (VR). 10. 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: 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: Section 2.2.10. Mobile home district (MH). 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: 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 Rural Lands Stewardship Area (RLSA) Implementing Land Development..C0de Amendments 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT - STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) 2.2.27.1. Purpose and Intent ......................................................................................................................... 1 2.2.27.2. 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 2.2.27.3 Ao 2.2.27.4. 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 Establishment of RSLA Zonin~ 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 Establishment of Land Uses Allowed in the RSLA District ........................................................ 7 2.2.27.5 2.2.27.6. 2.2.27.7. A. B. C. D. 2.2.27.68. A. B. C. D. E. F. Ge 2.2.27.g9. A. __ 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 c~._. ........ ~"-'...j RSLA District Not Designated SSA or SRA S,ubject 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 ~FSA Delineated Lands ................................................................................................................ 10 43. HSA Delineated Lands ........................................................................................................ 10 $4. WRA Delineated Lands ..................................................................................................... gl2 SSA Credit Generation - Stewardship Credit System .............................................................gl2 1. Early Entry Bonus Credits ...................................................................................... ; ........ 612 2. Credit Worksheet .............................................................................................................. 613 3. Natural Resource Indices and Values .............................................................................. 613 a. Natural Resource Indices ................................................................................................ 13 b. Index Values ..................................................................................................................... 13 [1~ ' ~ Slough/Strand Index Score Upgrade ........................................................................ 13 c-~d_ Index Map .................................................................................................................... 13 de_. Restoration Potential Index ........................................................................................ 14 ~..f. Restoration Stewardship Credits ................................................................................ 14 4. Land Use Layers to be Eliminated ................................................................................... 915 a. Land Use Layers ............................................................................................................. 15 b. Land Use Matrix ............................................................................................................. 16 5. Matrix Calculation .......................................................................................................... ~O16 SSA Designation Application Package .................................................................................... ~-H7 1. SSA Designation Application .......................................................................................... 1417 2. Application Fee ................................................................................................................ 141_7 3. Natural Resource Index Assessment .............................................................................. 1417 4. Support Documentation .................................................................................................. 1417 5. SSA Credit Agreement .................................................................................................... 1418 8 o o 2.2.27..-810. A. 19 6. Public Hearing for Credit Agreement ............................................................................... 7. Recording of SRA Memorandum ....................................................................................... 19 Rz~'~zrat~n .................................................................................................................................... 14 Stewardship Easement Agreement or Deed ................................. .~ ............................................. 20 2O D. SSA Application Review Process ................................................................................................. 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. Staff Designation Review .................................................................................................... ~11 6. Staff Designation Report ..................................................................................................... 21 E. SSA Application Approval Process ............................................................................................. 21 1. Public Hearing ..................................................................................................................... 2. Legal Description ............................................................................................................. t~21 Ui:'~'~-u~ ~ ~ ...... .. ~. ~...~°~':~ t~,~:~ ~-.~ r~,~,~u~,~ ...... ................................................................................. 17 Update the RLSA Overlay Map and Official Zoning Atlas ...................................................... 21 t~22 SSA Amendments ..................................................................................................................... - SRA Designation ......................................................................................................................... t822 Lands Within the RLSA District That Can Be Designated as SRAs .................................................................................................................. 1822 1. Suitability Criteria ........................................................................................................... 1822 1-923 2. SRAs Within the ACSC .................................................................................................. - B. Establishment and Transfer of Stewardship Credits Ent'[t!ement ....................................... 1-924 1. Transfer of Credits .......................................................................................................... g02_4 2. Stewardship Credit Exchange ........................................................................................ g024 g024 3. Public Benefit Uses .......................................................................................................... - 4. Mixed Land Use Entitlements ........................................................................................ g024 C. Forms of SRA Developments ................................................................................................... g-125 Eo Fo Go Ho 2. 3. 4. 6. SRA 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Towns ............................................................................................................................. ~.,. ~2_5 Villages ............................................................ gt:25 Hamlets ............................................................................................................................. gg2_6 Compact Rural Developments (CRDs) .......................................................................... ~226 a. Size of CRDs limited ....................................................................................................... 26 b. CRDs within the ACSC .................................................................................................. 26 Proportion of Hamlets and CRDs to Villages and Towns ................................................26 SRAs as Part of a Development of Regional Impact (DRI) .......................................... ~326 Designation Application Package ................................................................................... g-327 SRA Designation Application ............................................................................................. 27 Application Fee .............................................................. ., ..................................................... 27 Natural Resource Index Assessment .................................................................................. 27 Natural Resource Index Assessment Support Documentation ........................................ 28 SRA Master Plan ................................................................................................................. 28 SRA Development Document ............................................................................................. 28 SRA Public Facilities Impact Assessment Report ............................................................. 28 SRA Economic Assessment Report ...................................................................... ; ............. 28 Stewardship Credit Use and Reconciliation Application ................................................. 28 Conditional SRA Designation ............................................................................................. 29 SRA Credit Agreement ............................................................................. ~""v ................... 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 .................................................................... g931 4. Review by County Reviewing Agencies ......................................................................... g932 5. Staff Review ..................................................................................................................... ~032 6. Staff Report ............................................................................................................... ~' ...... 3~32 SRA Application Approval Process ........................................................................................ ~O32 1. Public Hearings Required ............................................................................................... ~O32 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 ~ 3~2. Update Stewardship Credits Database .......................................................................... ~33 3. Update the Official Zoning Atlas and the RLSA Overlay Map ................................... ~33 4. SRA Amendments ........................................................................................................... 3~33 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 Master Plan .............................................................................................................................. ~334 1. Master Plan Requirements ................................................................................................... 34 2. Master Plan Content ............................................................................................................. 34 Development Document ............................................................................................................... 35 DRI Master Plan ........................................................................................................................... 36 Jo 36 Design Criteria .............................................................................................................................. 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 De~,~at'.'~ns Fr~m LDC Standards .................................................................................. 3887. 39 4O Infrastructure Required ............................................................................................................... 8. Requests for Deviations from the LDC. Ko 2.2.27..-911. SRA 1. 2. 3. 4. 5. 6. SRA 1. Public Facilities Impact Assessments ................................................................................. 40 Transportation ..................................................................................................................... 40 Potable Water ...................................................................................................................... 41 Irrigation Water .................................................................................................................. 41 Wastewater ........................................................................................................................... 41 Solid Waste ........................................................................................................................... 42 Stormwater Management ................................................................................................... 42 Economic Assessment ...................................................................................................... 4242 Demonstration of Fiscal Neutrality ................................................................................ q243 a. Collier County Fiscal Impact Model .............................................................................. 43 b. Alternative Fiscal Impact Model .................................................................................... 43 2. Monitoring Requirement ................................................................................................ 4-243 3. Imposition of Special Assessments ................................................................................. 4423 4. Special Districts Encouraged .......................................................................................... 4343 Baseline Standards [Reserved] ................................................................................................. 4-343 10 2.2.27. RURAL LANDS STEWARDSHIP DISTRICT REGULATIONS AREA (RLSA) ZONING OVERLAY 2.2.27.1 Purpose and Intent..~,~.~..~r~"":~" r~.~..L..j,.,,oo ..~j.~,~.."~';~:"~, .~ 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 low-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 peru,aired 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, that remain in effect 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. 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. 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 lands 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. 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 Words struck t~reug~ are deleted, words underlined are added .... ~003 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 ar.__c_e 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. 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. 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, gc~d4~,-Ar~ Proximity, Listed Species Habitat, Soils/.Surface Water, Restoration Potential, and Land Use/Land Cover. Natural Resource Index Map Series (Index Maps) - the Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. Natural Resource Index Value (Index Value) - the sum of the vatue~ assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the Index. 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 ~;hall 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 Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or Words ...... ~' '~' ..... ~- ~r,~ deleted, words underlined are added ~.~/2003 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 RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. 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. 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. RLSA District Regulations - Collier County Land Development Code Section 2.2.27. Soils/Surface Water Indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural 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). 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. 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. Stewardship Credit (Credit) - A transferable unit of measure gent~rated 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. 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. 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. 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. Words struck t~rm:g.", are deleted, words underlined are added 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 Layers 1 through 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. 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 infl'astructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livabilit¥. Towns are comprised of several Villages and/or neighborhoods that have individual identity and character. 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. 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.g3 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: Words struck t,h. rcugh are deleted, words underlined are added [INSERT MAP] Rural Lands Stewardship Area (RLSA) Zoning Overl~ R 28 E R 29 E R 30 E N ~,V + E S 0 I 2 C.R asa ~D R 28 E ~ R 29 E R 30 E C) Z 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__zSRA", 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 the 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,,~h~y RLSA District. The database shall be in an electronic form that can be linked to the r~r c ^ Overlay .......... v Zoning 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..-46. Authorization to Establish a Stewardship Credit Trust. aAs 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 Deve!cpment ..a u..,; ...... +~ c ....;,..~o ^ a.~;.;o,~.,,..~ 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 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 Oved-ay RLSA District Regulations_that a property owner will be compen, sated 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 Ste~at~dship Credits. A. Creation of Stewardship Credits/General. Stewardship Credits (Credits) are 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 uaspec-ifi~ 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. Such lands shall be known and that have been designated as SRAs. The procedures for the establishment and transfer o'f Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential Words ...... ~ '~' ..... ~' are deleted, words underlined are added 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. 1. 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 al 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. 2.2.27.68. Lands Within the c, .... ~'--' RLSA District Prior to SSA or SRA Designation. All lands within the RLSA District have been delineated on the RLSA Overlay Map. Pr:~c,r ~ Unless and until designated as an SSA or SRA, lands within the RLSA District are 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 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 t.]ae 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 lands within the RLSA District regardless of designation. D. Public or Private Conservation Lands. Those lands Wwithin the RLSA District~ that 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 shall apply until lands within the RLSA District are voluntarily ~,,~,.,,a ~,,~ ~,~ et ...... ,4o~.:.. r~ ...... and are designated as an SSA or SRA and wi!! shall remain in effect for all land not subject to the transfer or receipt of Stewardship Credits. VVords struck tkrough are deleted, words underlined are added 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 ~m~.;.~ .... ,~, 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, i:Residential uU__ses, gGeneral eConditional uUses, oE_arth mMining and pErocessing u~ses, and ~ecreational u~ses (I~ayers 1-4) as listed in Section 2.2.27.9.B.4.a. shall not be permitted in FSA~ lan~s 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. ~ 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 RLSA Overlay Map that are not within the ACSC, the use of such land for a non-agricultural pu~ose under the Baseline Stand,ds shall be subject 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.~. 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 S~ 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 pply ~,,,:. ;~,~ .......... ~,;,,, cc~ .... ~ 2.2.27.9.A.4.b. shall a .In c .................. , , ~ ................. ~ ~ 32. 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 and Processing Uses, and Recreational Uses (layers 1- 4) as listed in the Land Use Matrix shall be eliminated as permitted land uses. 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 Natura'l Resource Stewardship Index value of 1.2 or less. 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 habitatsr--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 Words struck through are deleted, words underlined are added 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 (Layer 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. HSA ~ 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 Resource Stewardship Index value of 1.2 or less. 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 EIS 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 .! 5% of the native vegetation on the parcel. · "~*~ ........ ~"~'~ ........ 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 2.2.27.810.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 S~MD 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 aquil~rs. d. As an alternative to the submitt~ of an EIS, 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 safely, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of 1.2 or less. f. Asphaltic and concrete batch m~ing 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 19 I Words struck through are deleted, words underlined are added 5/15/2003 ho 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. 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. WRA Delineated Lands. bo In the case where lands delineated as WRA 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 as permitted land uses. During permitting to serve new uses within an SRA, additions and modifications to WRAs may be required,or desired, 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. 5. 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 Slough and Camp Keais Strand, when lands within a Restoration Zone are designated as an SSA and at least Land Use L'ayers 1 through 3 are eliminated as permitted uses, such Resotration Zone shall receive a Stewardship Overlay Designation value o¥ 0'.'6. SSA Credit Generation - Stewardship Credit System. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one of or more Land Use Layers are removed. These lands ':,'ill be idemigied 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 maspec-ified 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 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 estab!is~ment 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. 20 Words struc!: thrat:gh are deleted, words underlined are added 5/15/2003 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. 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 early 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. 2. 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 far .............. ~, that shall be used to determine the number of credits available for each acre of land being considered for an SSA. 3. Natural Resource Indices and Values. A set of Natural Resource Indices has been established as part of the Stewardship Credit Worksheet r:~ T~ 1:~,~,~ t,,~l a. Natural Resource Indices. Stewardsh¢ Overlay Designation Proxi~ty Indices Listed Species Habitat Indices Soils/Su~ace 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 Overlay 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. Sloug~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. 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 2.2.27.9~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 increases or decreases any Index Value shall result in a corresponding adjustment ~- Restoration Potential Index Value. If the applicant asserts that the land being designated as an SSA has a Restoration Potential Index Value of greater than zero (0), an evaluation of the restoration potential of the land being designated shall be ....v~,,t~,,,,~ ~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 Application Package. In the event that ~restoration potential is identified, .......... vv ..... the appropriate_Restoration Potential Index ~Xalue 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 ~dex Value to that acre's total Index Value. Words struck thr,ough are deleted, words underlined are added 5/15/2003 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 ........ j ......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 shall 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 l_t=and 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 Okaloaeoochee 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 .......... ally 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; (b) FSA and/or HSA lands where restoration would suSstantially increase the width of flewwayflow 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 on or adj ...... to 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.), and o__.cr; (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 stgrks),. (5) Lands designated "Restoration" shall be dedicated through a conservation easement or conveyed through fee simple title and all land uses other than conservation shall be eliminated. 44. 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. Words strucl: through are deleted, words underlined are added 5/15/2003 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. 1 - 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 Collier County Rural Lands Stewardship Overlay Land Use Matrix Residential Land General Conditional Earth Mining and Restoration and Uses Uses Processin~l Uses Recreational Uses A~lriculture Group I Uses A~lriculture Group 2 Natural Resourae Single-family dwelling, Family care facilities Excavation, extraction Golf courses and/or Crop raising; Farm labor housing (A) Unimproved pasture Wildlife managemer incl. mobile home (Pi (Pi ar earthmlning and loll driving rar~ges horticulture; fruit and and grazing, forestry )lant and wildlife related processing and (CU) nut production; groves; I(P) conservencies, refu( production (CU) nurseries, improve0 and sanctuaries LP--). )astute (Pi Mobile homes [(P) in Collection and transfer Asphaltic and concrete Sports instructional ~Animal breeding (other Retail sale of fresh, =lanching; livestock Water management MH Overlay; (A) as sites lor resource batch making plants schools and campsthan livestock), raising, unprocessed 'aising (Pi groundwater rechar(, temporary use] !recovery (CU) (CU) (CU) :raining, stabling or agricultural products; (FI <enneling (Pi grown primarily on the property (A) Private boathouses Veterinary clinic {CU) Sporting and Dairying; beekeeping; Retail plant nurseries Hunting cabins (CU) Restoration, mitlgatl, and docks on lake, recreational camps 3oultry and egg (CU) (Pi canal or waterway lots (CU) 3reduction; milk (A) 3roduction (Pi Recreational facilities Ohlld care centers and Aquaculture for native Packinghouse or Cultural, educational, Water supply, wellfi( integral to residential adult day care centers species (Pi and non- similar agricultural or recreational facilities (Pi; oil and gas development, e.g., golf {CU) native species (CU) processing gl farm and lheir related~xploration (Pi course, clubhouse, products produced on modes of transporting ' :ommunity center the property (A) participants, viewers or ~uilding and tennis )atrons;tour :acilities, parks, operations, such as, slaygrounds and but not limited to >layfields (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 iroduction, raising or processing incidental tc italia (Pi other similar uses (CU) breeding of exotic Ag (A) animals (CU} Churches and other Wholesale reptile Natural resources n )~aces of worship (CU) breeding and raising - otherwise listed (Pi non-venomous (Pi and venomous (CU) Communications '~' Essential services ( towers (Pi (CU) and CU) Social and fraternal Oil and gas field organizations (C U) development and production (CU) Private landing strips for general aviation (cu) Cemeteries (CU) Schools (CU) Group care facilities, ALF {CU) Uses as listed in Collier County Land Development Code - Rural Agricultural District (Pi Prinicpal Use, (A) Accessory Use, (CU) Conditional Use 5. 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. SSA Designation Application Package. A request to designate lands(s) within the RLSA Overlay District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: 23 I Words sift:c!: thrcug~ are deleted, words underlined are added 5/15/2003 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 r-,... ..... ,.~,,,j~" District to the Ce. mmunky ..... v .................................................................... or his des nee, 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. 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 °Credits 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. Stewardship 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 °County, otherwise, a scale of at least one inch equal to 400 feet is acceptable, delineating the area being designated as an SSA; e. Natural Resource Index Map of area being designated as an ssA; 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; 24 t Words struck through are deleted, words underlined are added 5/15/2005 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. 5. 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; h. Provisions regarding and ensuring the enforceabiliiy of the SSA Credit Agreement. i. If applicable, the number of credits to be granted for restoration (Restoration 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 II"); (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 yegetation and wetlands; and Words stn:ck thr,~ugh are deleted, words underlined are added 5/15/2003 (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)Identification of the entity responsible for performing the work; (d) Work Schedule; (e) Success Criteria; and (f) Annual management, maintenance and monitoring. 6. Public Hearing for Credit Agreement. A-The SSA Credit Agreement shall be approved by a resolution of the BCC_by reselution at an advertised public meeting by majority vote of ..................... 7. 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. T._~he Stewardship Easement on the SSA lands, describing the land uses remaining on the land; C. Tm~ .... D~o,~,~ ^ ....... · ;.f ,~,.,,.j ~, lo~ ..,;~;~ ,~ cc A m summary of the Restoration Plan, if restoration is to be unde~aken by the applicant, to include the elements set forth in Section 2.2.27.9.C.5.i(5)(a). 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 ~pe~etual restrictive easement that shall be recorded for each SSA, shall mn with the land and shall be in favor of Collier County and one or more of the following: Florida Department of Environmental Protection, Florida Dep~tment of Agriculture and Consumer Services, South Florida Water Management District, or a recognized statew?de 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. De 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. 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 o._..._._~...~;:~., Devel,~pment and A ~ E:?.re, nmenta! Services ,,dministra,e, rAdministrator 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 26 Words struck through are deleted, words underlined are added e 5/15/2003 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 r- ....... ;*-' Deve!~ merit .... a ~,,,; Services .................. Admimstrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27.¢~.C. Application Deemed Sufficient for Review. Within ten fifteen (~15) working days of receipt of the SSA Application, the ...... v ...................................................... Adm~mstrator or his designee shall deem advise the applicant in writing that the application complete and sufficient for agency review oruu,.o~"fl"l~'a ,h.,~ .... upp.,~--.l;'~ ~ advise what additional information i~needed to fi~d the application sufficient. If required, the applicant shall submit additional information. Within ten (10) working days of receipt of the additional information, the ................. Admm~stratm or his designee sh~l ~eem advise the applicant in writing that the application is complete, or, i~ additional or revised information is required, the Administrator shall again inform the applicant ........ & cfwhat information is needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. Review by County Reviewing Agencies: Once the SSA application is deemed sufficient, the Administrator or his designee will distribute it to specific County staff tbr their review~...~,~'~c ~.,~'~-a ,~;,,,~,, ..... ~, ~.;%'s -';".,. encompass ~% ~,,; .... ~t,~ .... I u ......... Management Plan e Staff Designation Review. Within sixty (60) days of receipt of a sufficient application, county staff shall review the submittal documents and provide written Words struck thr,vugh are deleted, words underlined are added 5/15/20~3 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. Staff 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. 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 enactment 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 super-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 pProperty aAppraiser and the Aapplicant~ and shall be recorded within thirty (30) days by the aApplicant in the public records. 3.4 Update the RLSA Overlay Map and Official Zoning Atlas. Atlns ~shall be updated to_reEect the designaion oY the SSA. Sufficient information shall be included on the updaed zoning maps so as to direct interested pnrties to the appropriate public records associaed with the designaion, ~including but not limited to Resolution numberv and SSA Designation Application number~tc.~The RLSA Overlay Map ~11 updated to reflect the SSA designation during a regulnr growth management cycle no later that twelve months from the effective date of the SSA Agreement. F. SSA Amendments. Collier County shnll consider nn amendment to an approved SSA t~ ~a.m~ manner in the same manner described in this Section for the ~ designation an SSA. Amendment(s) Co approved SSAs shall only be considered if the ~pplicaion removes one or more a~itionnl Land Use Lnyers from the existing SSA. Un,er no circumstances shall lnn~ 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 ~e under the same ownership. 2.2.27.10. SRA Designation. SRA designation is intended to encourage and facilitate uses that enable economic prosperky and diversification of the economic base of the RLSA District, and encourage development thnt utilizes creative lnnd use planning techniques and f~cilitaes a compact form of development to accommo~ae population growth by the establishment of SRAs.~,,,~ ~ ~.a ...... ~o~ ~.~ ~..,~,.~;~a 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 Words struck through are deleted, words underlined are added 5/15/2003 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 that 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, ~ which shall reflect the total number of transferable Credits assigned to the parcel of land. 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 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, opeff space on lands within an SRA located outside of the ACSC,--~c-eedi~ 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. 2. SRAs 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. Words struck through are deleted, words underlined are added Be 5/15/2003 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 Overla_y, had been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses (Layer 3). 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 2.2.27.-810.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 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 e e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 2.2.27.46., and transferred to an SRA subject to the limitations contained in this Section. Stewardship Credit Exchange. Stewardship Credits will 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. 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 institutions;,..,,~,;""l"a;""~,.e, Post Secondary_ Institutuion aA_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. 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 Words str',:c!: ,,r.oug,. are deleted, words underlined are added 5/15/2003 Ce entitles 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 should shall be [ designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. Forms of SRAs Entit!ementsDevelopments. SRA Developments are a compact forr~ of development, which accommodate and promote uses that utilize creative land use planning techniques._ and Cred:.ts SRAs shall be used to facilitate the implementation of innov~ttive planning and flexible development strategies described in Chapter 163.3177 (11), F.S. and 9J- m ..... are intended to ~ 5.006(5)(1), F.A.C. These planning strategies and techniques ' ~"~= v ............ ~ .................... ~ ............ minimize the conversmn of rural and agncul[ural lands to other uses while discouraging urban sprawl;2 protect~ environmentally sensitive aTas;; maintain~ the economic viability of agricultural and other predominantly rural land uses;;land~ providing ~ide for the cost-efficient delivery of public facilities and services. Onl~the following four specific forms of rural development in SRAs are permitted within the R~SA 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 inkastmcture 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 ~nixed-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 se~ing all residential neighborhoods. Towns shM1 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.g10.J.1. Towns I may also include those compatible co,orate 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 adjgcent 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 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 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 2.2.27.810.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. Words struck tkrougk, are deleted, words underlined are added 5/15/2~03 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 115) 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. 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. eh. 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. m~.~.~ ~.~'~o ~t~v~...,~ aA_ DRI applicant is required to demonstrate that: (1) ~The applicant has the necessary Stewardship Credits to entitle the DRI as part of subsequent SRA Designation Applications, or; (2)The applicant owns or has a contract with an owner of enough land that would qualify as SggAs 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 pag of subsequent SRA Designation Applications. D. SRA Designation Application Package. A Designation Application Package to support a request to designate lands(s) within the RLSA ~District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. ~The Sg~A Application Package shall include the follow: 1. SRA Designation Application. ~o~ ~ .... ~;.~a ~, ~.a ......... ~.;,~m ........ , ~ .... c~. ,,~; .... *" An application shall be submitted by a landowner or hisser agent, hereafter "applicant," to request the designation Words stru:k througk are deleted, words underlined are added 0 e e 5/15/2003 of an SRA for lands within the RLSA Over!ayDistrict. The Application shall be submitted to the CommuniD ...... Services A2ministratorAdministrator or his designee, on a form provided. The application shall be accompanied by the documentation as required by this Section. Application Fee. An application fee shall accompany the application. Commission 3. Natural Resource Index Assessment. An Aassessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application for~o,6,,~,-~-.~;"'°';~' The Assessment shall include; an_ I summary analysis that quantifies the number of acres by Index Values. The I 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 ~ocument 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; 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 2.2.27.810.A. 1. Natural Resource Index Assessment e~, n,~ .... ,,, a~-n~,,:~, Support Documentation. Documentation to support the-vv--~,-~,,];'~*;"~ 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 ~RA, including acreage calculations of WRAs (if any) within SRA bound~y but not included in SRA designation; c. ~ RLSA Overlay Map delineating the area of the RLSA District I being designated as an SRA; d. Aerial photograph delineating the area being designated as an SRA; e. Natural Resource Index Map of ~ea 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 p~t of the SRA Application for Designation of an SRA. The S~ Master Plan shall be consistent with the requirements of Section 2.2.27t. 10.~. SRA Development Document. A Development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an Words struck t..rcug., are deleted, words underlined are added 5/15/2003 SRA. The SRA Development Document shall be consistent with the requirements of Section 2.2.7~10.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 2.2.27.810.K. For cD ^ o ~r,~. ~,~ .,~ ~,~ n~t tl.~ 1F~I>I A ~1~ ~ ~ .... I~ .... * A ........ 1 ~ A ~ A ~ ~.~ 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 2.2.27~10.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 the Community~ ~ .... ,~-~v*-~--' ..... ~ ~.e .... ,~o;~ AdministratorAdministrator, 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 ccnsume 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 eCredits in order te entitle the ~DA. g. The number of Stewardship Credits being transferred (consumed by) ~ ~,-~---,.~~'k .... for ~he, ~,-,,~-.~:.,o,~~-~;" .... ~.t~ the SRA and documentation that the applicant.has acquired or has a contractual right to acquire those Stewardship Credits; h. Number of acres entit!edto which credits are to Be " transferred (consumed) Xmultiplied by 8 Credits / acre = equa]s 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. , should 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 obt~ned; and 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. 'Words struak tkreugh are deleted, words underlined are added 5/15/2003 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 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. ll.SRA Credit Agreement. a. Any applicant for designation of an SRA shall enter into an SRA Credit ........ County. Agreement with the Ceunt5 .... b. The SRA Credit Agreement shall contain the following information: (1) s?ecify tThe number of c* ...... aor~;~ _ ~ ........... r' ........ ~ Area SSA credits the applicant for an SRA designation is utilizing_;-and which credits 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. (-1-2_) A legal description of the SRA land and the number of acres; (~!3_)A The SRA -master plan depicting the land uses within the SRA 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; (~_) A description of the SSA credits that are needed to entitle the SRA land;, and the anticipated source of said credits; (45) The applicant's "-'~ .... '~"~ .... '~ _ ,, ............... ~, .... agreememacknowledgement that development of SRA land may not commence until the applicant has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of Court_s; and (5_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 d~termination prior to that 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 p!anprovided for within an SRA constitutes, or will constitute, a development of regional impact CDRI') pursuant to Sections 380.06 ahd 380.0651, F.S., and if the applicant has obtained a preliminary development agreement CPDA") from the Florida Department of Community Affairs for a portion of the SRA land, the applicant shall be entitled tomay request the County to enter into a Preliminary SRA Credit Agreement for those Words struck thmug?, are deleted, words underlined are added 5/15/2003 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. 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 r~ ...... ;,,, r~ .... ~ ..... · ~ ~,,,; ....... ~ Serv:ces .................. Adm~mstrator 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 Zoning 'q._,,,~.~'' District RegulationsDistrict, 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 and public infrastructure impacts· 2. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the AdministratorAdministrator or his designee. The contents of said application package shall be in accordance with Section 2.2.27· 10.D. 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the ............. J ...... t~ ........... Environmental Servkes ................. Adm~mstrator or his designeq shall ~eem notify the applicant in writing that the application is deemed sufficient for agency review or v ........... t-v .................. s ~ 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 n orma on, e ............. : A~ o~ ~,~m~nL,ra,erAdministrator or his designee shall 2eem natify 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 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 TM ' · T ~.gVIgW CD A ~,~A;, A 5. Staff Review. Within sixty (60} days of r~c~ipt of a sufficient application, count~ st~ff shaw review the submittal documents and provide comments, questions, and clarification items to the applicant. If d~emed necessary by Words g~m~k ~hm~ ar~ deleted, words underlined ar~ added 5/15/2~03 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. 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 adioining 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. b_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 add 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. 2. Update Stewardship Credits Database. Following the effective date of 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 Designation App!icaticn, 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 Community Deve!~pment an~ Envir~nmenta! ................. Adm~mst~ator 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 Words atruc!: through are deleted, words underlined are added 5/15/2003 application components and associated documentation are required in order to adequately evaluate the amendment request. b. Approval of Minor Changes by Administrator. ~ ,,~,4 r~,,,; ...... ,~, e .... ~'~'~ AdministratorAdministrator 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 ali 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 Rural LandsRLSA Overlay, the RLSA District Regulations=and the SRA Development Document's amendment provisions. (2) The minor change or refinement shall be compatible with ,,a; · .,~j..,~,~nt 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) (b) Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the SFWMD and Collier County; Internal realignment of rights-of-way, other than a relocation of access points to the SRA itself, where water management ....... c.,~,:,;+,,Cj,amhtles,... ' preservation areas, or required easements are not adversely affected or ~,+t, ...... ~ ....... ;,4~a for; 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, cc. Relationship to Subdivision or Site Development Approval. Approval ................. 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 nece. ssary County permits and approvals. Master Plan. To address the specifics of each SRA, ~ 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 of t~eand thise RLSAOverlay District and this Section and is designed so that incompatible land uses are directed away from lands identified as FSAs= and HSAs,_WRAs, and Conservation Lands on the RLSA Overlay Map. 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= and HSAs= WRAs and Conservation Lands on the RSLA Overlay Map. The plan shall ~b__~e designed by an urban planner who possesses an AICP certification,_ ,~,a,.~ ~c ~:c~ m ......... together with at least one of the following: a. a_ practicing civil professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida4 b. a qualified environmental consultant per Section 3.8 of the LDC; or c. a practicing architect licensed by the State of Florida. 38 Words struck thr.ougk are deleted, words underlined are added 5/15/2003 e 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 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 and pedestrian access ways; i. Typical cross sections of-for all majo~arterial, collector, and local streets, public or private, within the proposed SRA; j. Identification of any WRAs that are -w~,,~,~nt 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 Plank and describing the SRA application= shall be in the forin of a Development Document that shall consist of the c~ .... .......... s information listed below,__unless determined at the required pre-application conference to be unnecessary to describe the development strategy.'-. 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. The t3~w&3pm~mt4)document shall identify, locate and quantify the full range of uses, including accessory uses and assf,)-ci'ate~ 'd~';e'~ 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; List of exhibits; &d. Statement of compliance with the RLSA ©verlay 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; 39 Words .......tSrc, ugh are deleted, words underlined are added Je 5/15/2003 8=.h. Legal description of the SRA boundary, and for any WRAs encompassed by the SRA; 9:i. The overall acreage of the SRA that requires the consumption of Stewardship Credits and proposed gross density for the SRA; 10.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; 11.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.; 12.1. All proposed variations or deviations from the requirements of the LDC, including justification and alternatives proposed; r~,~,~:~, r~.:+~;~ ~.~,, be 13.m. The proposed schedule of development, and the sequence of phasing or incremental development within the SRA, if applicable; ...................... ~, ........ ~ ......... ~, ......._A Natural Resource Index Assessment a_5_s required in Section 2.2.27.:~9.C.3.; 15.o. The location and nature of all existing or proposed public facilities (or sites), such as schools, parks, fire stations and the like; !6~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; .l?.q. Typical cross sections of for all ~arterial, collector, and local streets, public or private, within the proposed SRA; l§.r. Agreements, provisions, or covenants, which govern the use, maintenance, and continued protection of the SRA and any of its common areas or facilities; 19.s. Development commitments for all infrastructure; 20.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 Community Deve!cpment and Envircnmenta! Service~ AdminktratorAdministrator or his designee may request schematic architectural drawings (floor plans, elevations, perspectives) for all proposed structures and improvements, as appropriate~i~..,,,~,-'~: 21.u. Development Document amendment provjsi~nsl; and, Documentation or attestation of professional credentials of individuals preparing thc 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-$.006(5)(1). 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 SPA 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 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. 40 t 'Words str'..'ck through are deleted, words underlined are added 5/15/2003 SRA Characteristics. Characteristics for SRAs designated within the RLSA ©var!ay 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 ,-~- .............. ~codes]gn criteria and those set forth in 2. through 6. below: Collier County RLSA Overlay Stewardship Receiving Area Characteristics T~tpical Characteristics Town* Villa[le Hamlet Compact Rural Development Size (Gross Acres) 1,000-4,000 acres 100-1,000 acres** 40~100 acres** 100 Acres or loss** Greater Than 100 Acres'* Residential Units (DUs) per gross acre base den~ily 1-4 DUs per gross acre*** 1-4 DUs per gross acre*** 1/2 -2 DU per gross acre*** 1/2 -2 DU per gross acre*** 1-4 DUs per gross acre'** Fell range of single family and Diversity of single family and mugi Residential Housing Styles multi-family housing types, styles, ~ family housing types, styles, lot Single Family 8n~t limif~l m,j!t!_ ~ln~nl~ Family, ~n~ llmif=~ m,2~ ~in~= ~mil,~ ~n~ limit~ re,jifJ_ Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 n~f~il g ~ffl, e . .5 ~t~il · ~ffice - .5 Town Conler wgh Community and Neighborhood Goods and Services in Town and Village Village Center with Neighborhood Village Cenler with Neighborhooc Gaods and Services Centers: Minimum 65 SF gross Goods and Services in Village Convenience Goods and Convenience Goods and building area per DU; ~nrpnm*~ Centers: Minimum 25 SF gross Services: Minimum 10 SF gross Services: Miaimum 10 SF gross Goods and Services in Village ~ffi~a ~a~n,,f~t, JrJn~ an~ I i~ht building area per DU building area per DU building area per DU Centers: Minimum 25 SF gross building area per DU Individual Well and Soplic Individual Well and Seplic Centralized or decentralized Centralized or decenlra[ized System; O~ntr~!ized or Syslem; Ce~t,-li*ed or Centralized or decen~alized Parks & Public Green Sp~ces w/n Public Green Space lot 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% el Parks & Public Green Spaces w/r SRA Open Space Minimum 35% el SRA Lakes Open Space Minimum 35% of SRA Wide Range of Services -~od~rata Range o[ Services - Auto - interconnected system el Auto - interconnected system of Auto - interconnected system of Auto - inlerconnected system of ! Auto - interconnected syslem el :olloclor and local roads; required collector and local roads; required Interconnected sidewalk and Interconnected sidewalk and palhway syslem pathway system PedeslrJan Pathways PedeslrJan PathwaYs Interconnected sidewalk and · - Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies. ** - Villages, Hamlets, and Compact Rural Developments within the ACSC are subiect to location and size limitations, per policy 4.20, and are subject to Chapler 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 proporlionate support services. I Inrlarl~ned USeS are not required uses. 3. 4. 5. 6. Town Design Criteria. [Reserved] Village Design Criteria. [Reserved] Hamlet Design Criteria. [Reserved] CRD Design Criteria. [Reserved] Design Criteria Common to SRAs. 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. b0 A minimum of 35% of the SRA land designated as Town or Village shall be kept in open space. 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 words ....... tkro'ag~ are deleted, words underlined are added 5/15/20~$ adjacent agricultural operations and will comply with the SFWMD 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 lmmokalee 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. ~, ....... J ........................ proposed 82. 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 in&astmcture required will depend on the type of development, accepted civil engineering practices, and the requirements of this Section. 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 includes_facilities for transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. c. Centralized or decentralized community water and wastewater utilities ~e 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 districtg the ~mokalee 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. 42 are deleted, words underlined are added 5/15/2003 d. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD cf i00 acres 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. 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)(tL). SRA Public Facilities Impact Assessments. Impact assessments are intended to evaluate 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 thc, SRA is consistent with ,~,,a ,~, a ..... ~.,~ ......... ~ ~,. ...................... t-v ...... the fiscal ....'"~;*" neutrality *~ ERA ....... ;.~ requirements of ........ s .... d in Section 2.2.27~10.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. 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 adjacent 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 su~ounding transportation system; and (3) Impacts to agri-transport issues, especially the farm-to-~arket 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) sekving the SRA to be adequate to serve the intended SRA uses in accordance with Division 3.15 ................. y ............ J ....... s ......... j ...... 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 ~pact 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 43 ~ Words stru:k tkreugh are deleted, words underlined are added 5/15/2003 e 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. 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. 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 adjac-m~adjoining properties and, if applicable, the locations of stormwater discharge into the site of the proposed SRA from the adjac-em-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; 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 If a WRA has been incorporated into the stormwater management system of an SRA, the repod shall demonstrate compliance with provisions of Section 2.2.27.9.A.4.b. L. 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 adverse impacts to adopted minimum levels of service pursuant to the ...... .~ ............. ~., ....... ~ ........ SystemDivision 3.15 of the LDC. 44 Words~. ~..~f '~'-,,,~e,-~ are deleted, words underlined are added 5/15/2003 The BCC may grant workforce housing. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that kts ...... ~, ........ as a w~clcits 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). exceptions to this policy of fiscal neutrality to accommodate affordable or 2.2.27.11. 2. Monitoring Requirement. To assure fiscal neutrality~ the developer of the SRA shall generate-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 Tax Districts Encouraged in SRAs. The use of community development districts (CDDs), Municipal Service ~Benefit Units (MSBUs), Municipal Service Tax!ng Units (MSTUs), or other special ;as4ng 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 m-Mag-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 land~ in the SRA. Baseline Standards. [Reserved] , ~ Sec. 2.2.32. Santa Barbara Commercial Overlay District (SBCO). 2.2.32.3.9. Sidewalks. Projects shall provide sidewalks so as to encourage pedestrian and bicycle traffic. Adjacent projects shall coordinate the location and intersection of sidewalks. Section 2.2.33. Bayshore Drive Mixed Use Overlay Distric! 4s I Words str'.:ck tkraugh are deleted, words underlined are added r~'l ertl:::: TUll: lib A n 5/15/2003 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT 46 I Words struck thrcugh are deleted, words underlined are added INSERT THIS MAP 5/15/2003 BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT 47 I Words sir'ac?: thrc',:'gh are deleted, words underlined are added 5/15/2003 Sec. 2.2.33.6.Permitted uses. b. Amusement and recreation services (groups 7911,7991, 7999 tourist guides only), w. Public Administration (groups 9111-9199, 9229, 9224 fire protection, 9311, 9411- 9451, 9511-9532, 9611-9611). yo 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). aa. bb. United States Postal Service (4311 except major distribution center). cc. Veterinary services (groups 0742 veterinarian's office only, 0752 dog grooming and pedigree record services only, all excluding outdoor kenneling). c~. dd. Videotape rental (7841) 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 2.2.33.24 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 standards for this Subdistrict are the same as those set forth for the Residential Subdistrict 1, unless set forth below. 2.2.33.24.1. 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. 2.2.33.24.2 Minimum lot width: Single-family: 40 feet Modular homes: 40 feet. Townhouses 25 feet Mobile homes 40 feet. Words .......through are deleted, words underlined are added 5/15/2003 2.2.33.24.3.1 Yard requirements. The following yard requirements are in relation to the platted property boundaries. Front Yard Min. Side Yard Min. Rear At Yard One (Single) Family Dwelling 10 feet 5 feet 8 feet Units 10 feet 5 feet 8 feet Modular Dwelling Units 0 feet when Townhouse abutting 10 feet another 8 feet townhouse, if not then 5 feet. Mobile Homes 10 feet 5 feet 8 feet 2.2.92.24 2.2.33.25. 2.2.2~.24.12.2.33.25.1. 2.2.3~.2~.22.2.33.25.2. 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 laro~:ers (6411 ), legal services (8111), 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: 1. There shall be a minimum of one residential dwelling unit. 2. The resident of the home shall be the owner and operator of the home occupation. 3. The home occupation shall not occupy more than 30 percent of the primary residential structure. 4. The home occupation shall not employ more than two employees at any given time. 5. One wall sign shall be permitted provided it does not exceed 49 t Words struc!: thrzugh are deleted, words underlined are added o 5/15/2003 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. 2.2.33.25 2.2.33.26. Reserved********* SUBSECTION 3.D AMENDMENTS TO DIVISION 2.3 OFF-STREET PARKING AND LOADING Section 2.3 Off-street parking and loading, of Ordinance 91-102, as amended, the Collier county Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING Sec. 2.3.16. Off-street parking and stacking: required amounts. Minimum off-street parking space requirements are set forth below. Where sthcking is required, the amount listed does not include the first vehicle being serviced: t.,.~ A minimum of five spaces shall be provided preceding the first menu board or order st~itidn, for restaurants with drive-in windows. For all other stacking uses, stacking starts ten feet behind the middle of the pickup window) and is computed at 20 feet per vehicle (turns are computed at 22 feet per vehicle, measured at the outside of the driveway). Stacking for one lane may be reduced if the reduction is added to the other lane(s). Sec. 2.3.19. Off-street loading: reservation. Areas reserved for required off-street loading in accordance with the requirements of thig 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 oi' modified or equivalent required off-street loading is provided in accordance with the requirements of this Code. The areas immediately fronting an overhead door(s) shall not be counted towards meeting the off-street parking requirements of this Code. SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.4, LANDSCAPING AND BUFFERING Words strack tkrough are deleted, words underlined are added 5/15/2~03 Division 2.4. Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING* Sec. 2.4.3. Procedures. 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 ~ '~ ~'*~a~v' 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). Sec. 2.4.6. Minimum landscaping requirements. 2.4.6.5. Littoral zone planting. All developments that create lake areas shall provide littoral shelf planting area in accordance with section 3.5.11. SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.5., SIGNS Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.5. SIGNS Sec. 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. Sec. 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. SUBSECTION 3.G. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Words struck thre. ug~ are deleted, words underlined are added 5/15/20~3 Division 2.6., Supplemental District Regulations, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLELMENTAL DISTRICT REGULATIONS 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. Sec. 2.6.4.2. Minor after-the-fact yard encroachments. 2.6.4.2.1. Minor after-the-fact yard encroachments may be approved administratively by the d~,~!opmem planning services director. For the purposes of this subsection, minor yard encroachments shall be divided into tv;c, three classifications: Structures for which a building permit has been issued and is under review. but for which a certificate of occupancy has not been granted. The deve4opm,~ planning services director may administratively approve 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 building per,nit and certificate of occupancy or a final development order has been granted. The ~ planning 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 o Single-family, duplex, and two-family dwelling units only for which no building permit record can be produced. Provided that ail 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 of 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. Words .......... rough are deleted, words underlined are added 5/15/2003 - the encroaching structure is either an addition of living, area to a~ 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 thc, 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. Thc, administrative variance will only be approved once all inspections have been completed, and the certificate of occupancy will be issued once tho administrative variance has been approved. Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than te,, .(10) feet. Administrative variances approved pursuant to the above do not run with the land in perpetuity and remain subject to the provisions of section 1.8.10 non-conforming structures. a. Wood Fence s3 t Words struck through are deleted, words underlined are added 5/15/2003 and .~ ..... ~ ~ ~ ~ ....... they ........... ~ ........... ther~ ....... ~ ...... *hah 500 ................ ZO~l~g muir: ) units ........... ~ ....... FvIC$ ...... ............... j ~er~lt a ......... ~ ...... rv:ce t ............. ~ ..... ~, ~-~j ......... following: .................. r~ U rg ..... ) bj ...... v ..................... j ........ Department pickup '' ~nclcsed v .... up'~ a roved '*~ ~-"i~,- y~ .... t~ 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. Words struck through are deleted, words underlined are added 5/15/2~03 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 industrial businesses that do not receive curbside service and choose to use dumpster 2.6.15.4. 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. Enclosure dimensions. Enclosures for dumpsters shall have minimum internal dimensions of 12 X 12 feet for each standard garbage dumpster contained inside. If 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 al least three sides from view of adiacent property owners and from adiacent 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 co~junction with ~ 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 t[ose projects subjecl to the provisions of Division 2.8, trash enclosure walls or gates made of chain link o,' 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 th~: first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a maiority vote by the homeowner's association); for multi-family developments containing more than one structure, thc property owner may imp!ement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up t~ 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 Words s~uc!: t~raugh are deleted, words underlined are added 5/15/20~3 Department that 1) the subject condominium association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the development, 2) there is adequate access to facilitate curbside pickup, and 3) all individual units have an enclosed location other than the residential structure~ such as a carport or garage, for the storage of individual solid waste containers. Sec. 2.6.22. Manatee protection. Proposed developments ,.,;-,,._ %~ .,~,.~,,,~; ..... a .~.s ...... ~,~-o.o.~.,~.;°' ........ ,,..-;~h t~_~ ~a~.~.~ .................. s:t:ng. high ~a~.~, ............. a hen ....... ~~ w water ~/nat ...... xx~x;, ,,~-~ :mpact o ........ ranking is g:ven to a site ,,a. .... ................... .~ .... wate~ o~A h ' ' Words struck tS:'oug5 are deleted, words underlined are added 5/15/2003 Greater Le~ Than 4' No Impact~ Impact x~., u:.u ~ MLW ....... ~.. High MLW Preferred X X X M. cderate ~ X ~ Moderate ~ X X Moderate X X X Protected X X ~ Protected ' ~ X X ......... X X X Protected ~ . ~ ~ (1) Prcfcrrcd sites. '~l.,y,........ ,4~1 ;;'et lip ' ily ........ ~ ...... s ......... ,4 '"""*: fam .................................... ~ ........ ery ....................... ~ ................... ~ dry ' l! d ..... k~.+ ra~ps IS a CWO . '9 dry Is o~.,, N..i,~wed at - . ...... j .... slip ....... of ..... ~ of storage r.o;,;,;.o; .......... ~ ........... Expans~ca ..... t ..... ~ bcat ramp Words struck through are deleted, words underlined are added 5/15/2003 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 neighborhood 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 2.6.22.1 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. 2.6.22.2 Location Restrictions. Boat facilities shall be prohibited in the areas identified in Figure 2.6.22.3.-1. Further site specific criteria shall apply as follows: 2.6.22.2.1 Clam Bay System. Boat facilities shall be limited to non-motorized vessels. 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 Words str'dck tSrough are deleted, words underlined are added 5/15/2~03 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 Facility Siting Maps. Words str,ac~: through are deleted, words underlined are added Figure 2.6.22.3 .-2 Boat Facility Siting Maps. 5/15/2003 -- Boat Facilities Prohibited ..% Creek Keewaydin Islan 01-30-03 Marco Islan( Figure 2.6.22.3.-3 Boat Facility Siting Maps Port Of Marco Island Boat Facilities Prohibited 0'1-30-03 -- 60 t Words struclc through are deleted, words undermined are added Figure 2.6.22.3.4. Boat Facility Siting Maps. 5115/2003 The ~Boat Facilities Prohibited lades City Chokoloskee 01-30-03 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 Modi[¥ Moderate and Protected Ratings[or Sites Having High Manatee Use. If a potential boat facility 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 distance beginning at the boating facility. All state and federal approvals must be granted prior to posting the new slow speed zones. The new slow speed zones must be posted prior to the issuance of required certificates of occupancy. The cost to post the new speed zones shall be borne by the applicant. 2.6.22.4.3. Application of the Rating System for Evaluating a Potential Site. 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 SDP approval and the dredging must be completed prior to issuance of required certificates of occupancy. Words struck thrcugh are deleted, words underlined are added 5/15/20~$ 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 o data shall be used to apply this criteria to a proposed boat facility. 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 impact 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. 62 I Words struck tEr,ough are deleted, words underlined are added 5/15/2003 Figure 2.6.22.4.-1 Adequate Water Depth Maps. Words struck through are deleted, words underlined are added Figure 2.6.22.4.-2 Adequate Water Depth Maps. 5/15/2003 4-15-03 N Bay DoI 0.25 0.5 1 Miles 64 Words struc!: tSrcr:gh are deleted, words underlined are added Figure 2.6.22.4.-3 Adequate Water Depth Maps. 5/15/2003 4-15-03 R( aples B~ 0.5 Gordon Pass lar 65 I Words str'ac!~ tSro',:g5 are deleted, words underlined are added 5/15/2003 Figure 2.6.22.4.-4 Adequate Water Depth Maps Marco I Caxambas 2 4-15-03 N 66 Words struck through are deleted, words underlined are added Figure 2.6.22.4.-5 Adequate Water Depth Maps. 5/15/2003 445~03 N ,/ Evergla~,es City Chok~ I I I 4 Miles I 67 I Words ....... through are deleted, words underlined are added 5/15/2003 2.6.22.4.4 Facility Restrictions for Rating Categories. Facility restrictions for the Preferred Site, Moderate Site and Protected Site categories am 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 Siting Criteria Water Depth Native Marine Manatee Use Habitat Greater Less N___qo ~ Impact Not High Than 4' Than 4' Impact High MLW MLW Preferred X X X Moderate X X X Moderate X X X Moderate X X " ,~'X Protected X X X Protected X_ X X Protected X X X Protected X X X 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. 68 t Words strt:ck tkmugh are deleted, words underlined are added 5/15/2~03 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 ratin~ calculations showing allowance for the proposed number of boat slips. 5. Details of the manatee awareness signs, slow speed signs, or other signage proposed. 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: Temporary offices to be used for construction, and administrative functions within the development. Permits for temporary offices for single-family residential developments may be issued under the following circumstances: 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. bo 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. SUBSECTION 3.H. AMENDMENTS TO DIVISION 2.7., ZONING ADMINISTRATIONAND PROCEDURES Division 2.7., Zoning Administration and Procedures bf'Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES Sec. 2.7.1. General, tD ........ ....... d.) 2.7.1.1. 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. Sec. 2.7.3. Planned unit development (PUD) procedures. 2.7.3.4.1. For PUDs approved prior to October 24, 2001 the landowner(s) shall: 69 Words £tr',l'c~ t,".mug?, are deleted, words underlined are added mo 5/15/20~$ 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 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. Sec. 2.7.4. Conditional uses procedures. 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 granting of a determination of "sufficiency". Further review of the request will be subject to the then current code. 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 section 2.7.4.11. of this code. Sec. 2.7.5. Variance procedures. 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 determination of "sufficiency". Further review of the request will be subject to the then current code. 2.7.5.15.1 Applicability. 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. 70 I Words ............. oh are deleted, words underlined are added 5/15/2003 SUBSECTION 3.I. AMENDMENTS TO DIVISION 3.2, SUBDIVISIONS Division 3.2.8.2, of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS Sec. 3.2.8. Improvement plans. *** 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 dala shall be delivered in the North American Dztlum 1983/1990 (NAD83/90) Slate Plane coordinate system, Florida East Projection. in United States Survey Feet units; as established by a Florida Professional Surveyor & Mapper in ;tccordance with Chapters 177 and 472 of the Florida Statules. All information shall meet Minimum Technic~tl St~tndards as eslablished in Chal~ter 61GI7 of thc Florida Adminislrative Code. q'~ .... ~; '~; -' .~" '~ ' ~low ,I ........ c, ......... t,; .... · ...................... s gt~cs: All.,.,.'~"'" s[~t~e de~red tn ",,,~ o.,.~e'""~ .m .... ,,,~];,,1 .... ~ [ ..... ~lo.q~a ,-,,,.;,,~ ....... ~ ................ tnl~ maaa .... "%11 .................. v ...... mapper. All ' % ' r, VaXJ~:Pd~B dhT:'e'asion',fi e:'ro:' of ~ 0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc.). All '-~ ..[..~ll t;~ ;,.t~ tl.,~ D,,1.1;,. 1 ..... h, C ............... i ..... /DI QQX icl ,.,I.;..]. ,,I.,,ll ~ ..... ............. on li~ ;"~'"~ ~'"' noCbe limited 3.2.8.3.17. Sidewalks and bike lanes_an~ ~.~t~..~ pathsana ~.u~._.~ ..... v~-.o.h° The developer ........ requke~ to must construct sidewalks er ~ke Fat~g,cr ~ike Fat~s, and bike lanes where applicable, as described below, unless ot~erwke exempte~ from t~e su~[v~g~on regulations of t~k :o~e. unless Applicability: For all districts,_S_ S sidewalks or bike paths or bike paths, 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 following following criteria described below.unless cther':.'ise Bike lanes shall must be provided on both sides of collector and arterial streets.any street Sidewalks six six eight feet in width cr hike paths seven feet in widthor bike paths seven feet in width, shall must be provided on both sides of collector and arterial streets. Sidewalks or bike paths fk.'e .er bike paths, five si_Ax feet in width, shall must be provided on both sides of local streets, except as 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 71 t Words struck through are deleted, words underlined are added 5/15/2003 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. ....... ~ ................................................................. ~ac t0 ~ m~re than !,000 feat &5.&AIl sidewalks, hike paths 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. o Alternative designs for sidewalks, bike lanes, or bike paths in developments with public or private roadways may be provided, subject to approval by the community development and environmental services division administrator and may utilize, but not be limited to the following analysis: the street er e',d de sac. A design that matches the expected traffic volumes on the street or cul-de-sac. A ?2 t Words struck through are deleted, words underlined are added 5/15/2003 f. Criteria .........* to a,~ ?rov:s:ons ,e o~,;., a o 7.T6~ Developments providing inteFconnections ~o existing and future developments pursuant to the density rating system section of the Collier Coumy growth management plan's future land use element, sbaU must include sufficient right-of-way to accommodate the roadway, sidewalks, ~a~_~ .... ~--~ ~,~ ~u~.~,.o~,,~h ~ bike lanes, where required, nn B~ike lanes and sidewalks s~a!! must be constructed concurrently with the roadway interconnection. &7= Where planned right-of-way improvements by the CounW ,T(~nsportation Division scheduled in the capital improvements program (CIP) would cause the removal of any sidewalks or bike lanes .....;.~n ~., .~;o ~de "';'~;" * .... fiscal j ............. e;ooo~ ..... ; .... .;.h ,~ ~;~o~ ~,.;~n; ...... ;~ ~.~ ~ ....;~, ;o; ..... a the developer, in lieu of construction of the required sidewalks~ and bike lanes, shall 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. ~v ........ ..... n ~y the ...... v ................... o .... , for future construction of required sidewalks~ 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. Sec. 3.2.8. Improvement plans. 3.2.8.4.14 Sidewalks..,.,~"a ~,-~-r'*~'~'.~';/' .... t,~ All sidewalks ~ shall be constructed of Portland cement concrete alternate -or .............................. ~ Words struck thrcugh are deleted, words underlined are added 5/15/2~3 ,..~ .... o.~.~..~..*;~" ,.~.'~ o., .-,° in the locations illustrated on the standard right-of-way cross sections contained in appendix B or on an approved site development plan. Concrete sidewalks or--bikepaOm shall be four six-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. cement All bieyc-~ bike lanes shall be designed, constructed, and signed in accordance with the most current "Florida Bicycle Facilities Design Standards and Guidelines."have signage and be marked in accordance SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.3. SITE DEVELOPMENT PLANS* Division 3.3., Site Development Plans, of Ordinance 91-102, as amended, the 'Collier County Land Development Code is hereby amended to read: TO DIVISION 3.3. SITE DEVELOPMENT PLANS* Sec. 3.3.3. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 2.6.27 (cluster development). 74 I Words struclx through are deleted, words underlined are added 5/15/2003 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. 7) 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 will not be 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 o 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 di,vision 3.3, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping, tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. 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 hc delivered in thc North American Datum 1983/1990 (NAD83/90) Stalc Plane coordinale system, Florida East Projection, in Unilcd Slates Survey [;ecl unils; as eslablishcd by a Florida Prol~ssional Surveyor& Mapper in accordance wilh Ctml, ters 177 and 472 o1' the Florida Slatulcs. All inl'ormalion shall meet Minimum Technical Slandards as established in Chalet:er 61G 17 of thc Florida Adlninistrativc Code. ¢1 T~PPnT', .... ;, .............. kl;,,1 ..... I I ....Ph,,-;,1,, g[ ~ ...................................... ; a .......... :'e :;tc:'e F& :nai~pe:'. All inf'c:'mati~m-:;ha!! hay'3 a maxim'd:n di:nem;i'a:¥a! c:':'o:' oI' -¢0.5 [eot. Files shall be in a Digital Exch~ge Fil'e (DXF) format; information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP ) pla .,~.,.~ ,;~: ...... ~... o,,~;.. ~ ..... ~" S ~Jch "l'"lIa:~~ ''~ by r'~,dl; .... r~, ..... ,,,,,. ~lc lb ....... ~, ...... , ,,;., r~a~ ,1;,,i ..... 75 Words sir'ack through are deleted, words underlined are added 5/15/2003 from an-on..,,~ ~; ...... ,~.,~,~,,,...,~h-'"" ...... ;,- dewnte3ad. !n,,',:tdi-' "; ...... .... , a144mpm-vet:}~- _Vzptans .......... ,4,.~,,~'" .t .................... ~.~c, ~,u,,,..,~ be, !i"';"-'~to',,,,,,~. . . 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: ~.~.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._; or The planning services director shall evaluate the proposed change in relation to the following criteria; for purposes of this section, the insubstantial change procedure shall be acceptable where the following conditions exist with respect to the propose change: There is no South Florida Water Management District permit, or letter of modification, needed for the work and there is no major impact on water management. 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. 3. 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. 4. There is no proposed change in building footprint or relocation of any building 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 Director, or contains air-conditioned space. 8. The change does not trigger the requirements of Division 2.8 as determined by the urban design planner. 9. There are no revisions to the existing landscape plan that would alter or impact the site development plan as determined by the landscape architect. t Words struck tkrcugh are deleted, words underlined are added 5/15/2~03 SUBSECTION 3.K. AMENDMENTS 3.5. EXCAVATIONS Division 3.5., Excavations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.5 EXCAVATIONS Sec. 3.5.7. Construction requirements for the construction of excavations. 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 ~-"' ........ ~;"~ ';'^"~'~v..., ........ ..,~o; ..8~,,~ provided A 77 ~ Words struzk t~roagh are deleted, words underlined are added 5/15/2003 3.5.7.2.65. 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. * * * * * * 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 annual low ~ dry season water table. * * * * * 3.5.7.8. 3.5.7.9. 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: Side slopes shall be at a minimum ratio of two to one. .......................... . ........... s ........~. ra s e areas must conform to section 3.5.1 ]. 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. The lake shall meet all of the design requirements of section 3.5, LDC. 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 78 I Words arrack threugh are deleted, words underlined are added 5/15/2003 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. 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 is 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 Planting 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 requi~er~ents vary within the County and are as follows: a. Rural Fringe Mixed Use District - Reserved; b. All other areas -10 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 shall be located adjacent to control structures or pipe outlets or inlets in order to maximize water quality benefits. However, the LSPA shall be located no closer than 20 feet from any discharge structure or pipe 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. Words str'~':]: t~r.vt:gh are deleted, words underlined are added 5/15/2~05 3.5.11.1.3 Shel[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 of 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 Shel£ Con[iguration. 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 Speci£ications. Plants shall be selected based on the expected flooding durations and maximum water depths 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; 5 feet for shrubs; and 36 inches on center for herbaceous plants. At the time of planting, minimum size shall be: 10 gallon for trees; 1 gallon for shrubs and 12 inches for herbaceous plants. 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 and contain 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. 3.5.11.1.7 Required In[ortnation. The Planting Plan for the LSPA shall provide the following information: 1. Calculation table showing the required area (square feetl~ 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. a0 Words atn::.!: t~r.oag~ are deleted, words underlined are added 5/15/2003 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; 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 subiect to the criteria found in 3.5.11.1.2. Subiect 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 , a. For amendments that modify less than 20 percerlt o,f 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. 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. Lake excavations used for acuaculture shall be exempt from the LSPA requirements. Sec. 3.5.12. Appeals. Words struclz through are deleted, words underlined are added Sec. 3.5.13. Penalties and enforcement. 5/15/2003 Sec. 3.5.14. Severabilit¥; Sec. 3.5.15. Compliance with state and federal permits. Figure 3.§.11.3.2 existing lake lake addition For amendments that modify the existing lake oreo by adding an addition, only the new portion of the lake shall be used to calculate the LSPA oreo using the percentage requirements of 3.5.11.1.1. existing shoreline modified lake shoreline For amendments that modify the existing shoreline " by greater than 20 percent, the total lake area shall be used to calculate the LSPA oreo using the percentage requirements of 3.5.11.1.1. SUBSECTION 3.L. AMENDMENTS 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION* Division 3.9, Vegetation Removal, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION Sec. 3.9.5. Vegetation removal, protection and preservation standards. Words struck through are deleted, words underlined are added 5/15/2003 3.9.5.5.6. Native Preserve criteria. 1. Ident!fication. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be set-aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site plans. 2. Minimum dimensions. The minimum width of the preserve shall be: twenty feet, for property less than ten acres. 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. 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. 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 setback's. d. Created preserve exceptions may be granted: 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. 1. when small isolated areas (of less than ¥2 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 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. 2. 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. Words struck tkreugk are deleted, words underlined are added 5/15/2~05 Required Setbacks to Preserves. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.) 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. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.14., PENALITIES Division 3.14., Penalties, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.14. PENALTIES 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. ....... .~ c:o~. ....~o:~..~ the Florida Sheriff, city, state and federal police and ~, ............................. 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. 8% 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 she ~evele, pment review 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 s:~te ~evel,v, pment review 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 84 I Words struck tSr.~:gh are deleted, words underlined are added 3.14.3.3. 3.14.3.4. 5/15/2003 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 theo.~,~;*~ ,.,~A .... · '~'"V'-'~"~1 ..... * ..~ ...., ~.~; ...., Environmental Services Department director if the s:te a .... ~ ....., ~ .,; .... ...... v ........ e ..... 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. 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. 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 property. Vehicles which are used in conjunction with functions on the beach, ~ exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the ~l~:v.,,,_,~, ....... o,~, ..~,.o:~o Environmental Services director or his designee. All permits issued are subject to the following conditions and limitations: 3.14.3.4.5. 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 .......................................,, ~, .......... u-*v ....... to be moved *~'~* :t ' id ~' .... ,.a..a,~ ;~ ~, .... , ..... pus~ ~ ~ ~n:~ 2) limited ...... ~, ou. ~ p ........................................ or a 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) consistent wit~ section 3.13.7.3, 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, sl~all'be designated by the r~l.~, t- .... .., ~a~ .... 1 r> ......... p, .... *~'~"* (CCNRD) 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. Iflat 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, 85 Words struck througP, are deleted, words underlined are added 5/15/2~05 3.14.3.5.6.4.8 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. 86 I Words struck through are deleted, words underlined are added 5/15/2003 (2) 3 14 3 6 5 All vehicles shall be equipped and 4)_ except 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.~.4. of this division. Sec. 3.14.~;.3.6. Beach raking and mechanical beach cleaning. 3.14.5.1.3.6.1 Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. 3.14.5.2.3.6.2 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 Words struck through are deleted, words underlined are added 5/15/2003 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. 3.14.5-,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 ow two inches, in order to avoid a potential increase in the rate of erosion 1- ~ ..... h~.~ ,~. ....;.~t. a~,~. ;o ..., ~..,m~;~, ~ ~;~,,~ a~ .............. , ...........~ ......~ .................... resources will be 3.14.5.53.6.6 __ Heavy equipment Vehicles with greater than 10 psi ground to tire pressure, shall not be used to conduct beach raking ~,a ~ Vehicles with_wiae, Iow prefile, lev,' pressure tires 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 an~ me:Sanical 5each cleaning 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. Sec.3.14.3.7. Vehicles associated with Beach Nourishment and Inlet Maintenance 3.14.3.7.1. 3.14.3.7.2. 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. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone paralJel,.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 3.14.3.7.3. area. 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. 3.14.6.4.1. All ~'=~' "'~'-; .... .4 ~,~.k.,.;~,~ t.=,~,.,. ......... 6 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 88 } Words gtruc, k tNr,v, agh are deleted, words underlined are added 5/15/20~3 and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. Sec. 3.14.g. 5._:. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division are subject to the following penalties: 3.14.g.5.1. Violations of section 3.14.5:.,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.-3.5__~. 2. Minor infractions of section 3.14.5.3.6, 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: '~ ,,;,t,,,,,~ ..... ;~a ,;~ ,v ........... ,~ ......... tread ;a,~.,,;e;,~,~,;~,. ~, a) without permit being available for inspection; or e b) with improper tire pressure. 3.14.5.3. Major infractions of section 3.14.5:.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 daily 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. 3.14.-3._5.4. Violations of sections'~ ,A.3.2.; 3.14.3.4.; 3 1,~ 3 q; '-,~ ~ la ~ ~ which do not occur during sea turtle nesting season, i.e., occur outside o~ sea turtle nesting season, are subject to up to a $500.00 fine per violation. 3.14.-3.5.5. Violations of sections 3.14.3.2.; 3.14.3.4.; '~ la -~ q. ,,, a la '~.fi.~ which 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: a) without required tire tread identification; b a) with permit not available for inspection; or ~ b) with improper tire pressure. SUBSECTION 3.N. AMENDMENTS TO DIVISION 5.4., BUILDING BOARD OF ADJUSTMENT AND APPEALS Division 5.4, Building Board of Adjustment and Appeals, of Ordinance 91-102, as amended, the Collier County Land Development Code is hereby amended to read: 89 I Words struck through are deleted, words underlined are added 5/15/2003 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 r,~:~, Swimming Peal Cede 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 true 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 powers and duties: 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-~u:~, ............... ~ ~w~in~ Poo~ Co~o 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 ~he true intent and meaning of such building codes and technical codes or any of the regulations thereunder have been misconstrued or wrongly inte~reted. Sec. 5.4.3. Building board of adjustments and appeals membership. 5.4.3.1 .Qualifications. A building board of adjustments and appeals sho, ll 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 [o sit in judgment on matters concerning the Florida Building Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code r~oll:~ ~_~:,,, ~c-,;~;~, --,----~ ~°~ ~e'~ . 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. 9O Words str'.'.ck thro'agh are deleted, words underlined are added 5/15/2~3 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 r,~w..,j,., ~e"':~;"~....___.o 'D~^~' r~,~,~..~ or in modifying 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 th__~e 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 t"%-.11;~. D .... ~-., C*~.-,.-t,~..4 li~,,il,qi.-,,~ P~a= ~.11;~ ~ .... *., Swimming Pool Code do not apply, or than an equally ~ood or more desirable form of construction can be employed in any specific case, or when Jt Js claimed that the true intent and meanJn~ of the Florida Bui]din~ Code and ElorJda Pire Prevention Code as incorporated by Division ] ]8. of this Code ~u;~. o .... ,., e,~.~.~ ~-~ -~ c~u:~. ~ .... *" c"':~:"" Peel c~ or any of the regulations Plumbing .................... j ............. ~ .... 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 prQect 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 fo~h 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 Buildin~ Code and Florida Fire Prevention Code as incorporated by Division 1.18. of this Code ~ ...... ., ................ ~, .... , ............. j .............. , ............. j Fire ,~ .... ,., m .... ~.;.. ,~.a. ~,. ,-~..u;.. o .... *" Swimming Po-~ Code to any particular case when the building board determines that the enforcement thereof would do manifest injustice, and would be contrary to the 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. SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.3., DEFINITIONS Division 6.3, Definitions, of Ordinance 91-102, as amended, the Collier County Land Development Code is hereby amended to read: I Words struck t~rc. ugh are deleted, words underlined are added 5/15/2~03 DIVISION 6.3. DEFINITIONS Sec. 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," 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. 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. Density, residential: The number of residential dwelling units permitted per gross acre of land aha 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 .(5). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor an~ ~ 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, ana, d 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. 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; is comprised of no more that five (5) acres of land; access to which is provided through 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 equipmenl. Sidewalk: That portion of a right-of-way or cross or crosswalk, paved qr otherwise surfaced, iF ~.1~, '~ ' ' intended for pedestrian use and also bicycle use, .. ~.~,~,~..j s~.zecl. (See dlwsmn 3.2.) SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separat.e, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE DEVELOPMENT CODE COLLIER COUNTY LAND 92 I Words struck thraagh are deleted, words underlined are added 5/15/2003 The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. BOARD OF COUNTY OMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK Approved As To Form And ~d~~n~ Leg cien y Patrick G. White, Assistant County Attorney 93 t Words sWac!: t?~rc.'agh are deleted, words underlined are added LLJ Commullity Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 The second of the two public notices should include the map being provided and read as follows: Nay 21, 2003 BCC PUBLIC HEARING NOTICE OF ZONING CHANGE Notice is hereby given that on May 21, 2003, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3ru Floor, Harmon Turner Building ~F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of County Commissioners, proposes to take under advisement the creation of a Rural Lands Stewmrdshig Area (RLSA) Zoning Overlay District for certain lands in unincorporated Collier County for those lands identified in the map below. Final Adoption of the ordinance will be considered at a second public hearing on June 18, 2003. ' · All interested parties are invited to appear'a~d be heard. Copies of the proposed rezoning are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings.~is.~_m~.de,~hich .record includes the testimony and.evxdence upon w-hxch the appeal is COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK ~"~::"'~ By: Maureen Kenyon, Deputy Clerk BCC LDC AD (7 day) _" . Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov, net Rural Lands Stewardship Area (RLSA) Zoning Overlay District W W I R 28 E R 29 E R 30 E MMOKALEE HENDRY COUNTY o 1 2 - 75 LEGEND RURAL LANDS STEWARDSHIP AREA OVERLAY R 28 E R 29 E R 30 E -4- These ads are requested to appear adjacent to each other on the same page. Please let me know of any problems encountered in implementing this request. ...~incerely, Cecilia Martin Planning ' f'echnician CC: Patrick G. White, Assistant County Attorney Susan Murray, AICP, Current Planning Manager NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of State of Florida County of Collier Before the undersigned they appeared B. Lamb, wh serve as the Assistant Corl: ~ daily..ne'.w..spape[, publish Florida; distributed in CollJ the attached copy of the a PUBLIC NOTICE in the matter of PUBLIC N was published in said news!r on May 13, 2003 Affiant further says that the said published at Naples, in said Collk newspaper has heretofore been co County, Florida; distributed in Co each day and has been entered as office in Naples, in said Collier t year next preceding the first pt advertisement; and affiant furthe promised any person, firm or commission or refund for the purp publication in the said newspaper. ( Sigr{ature of affiant) Sworn to and subscribed be This 21st day of May, 2003 (S~gnature of notary pubhc) PUBLIC NOTICE PUBLIc NOTICE i PUBLIC NOTICE MAY 21, 2003 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on May 21, 2003, at 5:05 P.M., in the Board of County Commleeionen Meeting Room, 3rd Floor, Harmon Turner Building "F,' Collier County Govemment Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take unde~ advisement amendments to the Collier County Land Development Code, the title of which ie as follows: 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 SPCIFICALLY 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.~,, 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. Colll.r Countg Florida Final Adoption of the ordinance will be considered at a second public hearing on June 18; 2003. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Current Planning Section, Community Development 8arvice~ Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter coneidered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk No. 99707398 May13~003 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Pu State of Florida County of Collier Before the undersigned they ser appeared B. Lamb, who on serve..as the Assistant Corporat~ a daily newspaper published m Florida;' distributed in Collier an the attached copy of the advert PUBLIC NOTICE in the matter of PUBLIC NOTIC was published in said newspaper on May 13, 2003 Affiant further says that the said Naples published at Naples, in said Collier Coun newspaper has heretofore been continuou County, Florida; distributed in Collier ant each day and has been entered as second, office in Naples, in said Collier County, year next preceding the first publicatio advertisement; and affiant further says tt promised any person, firm or corporal commission or refund for the purpose of s{ publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before mt This 21st day of May, 2003 ( S i gmi~r'~'~-~'fio t~"~ p u'B'l~ i ~ SUSAN D. FLORA ~ I I Per~nal~ Knov~ PUBLIC NoTIcE PUBLIC NOTICE MAY 21, 2003 BCC PUBLIC HEARING PUBLIC NOTICE NOTICE oF ZONING CHANGE Notice is hereby given that on May 21, 2003, at 5:05 P.M., in the Board of County Commissioners Meeting Room,. 3rd Floor, Harmon Turner Building "F," Collier County Govemment Center, 3301 East Tamiami Trail, Naples, Florida, the Collier County Board of County Commissioners, proposes to take under advisement the creation of a Rural Lands Stewardship Area (RLSA) Zoning OverlaY District for certain lands in unincorporated Collier County for those lands identified in the map below. Final Adoption of the ordinance Will be considered at a second public hearing on June 18, 2003. Rural Lands Stewardship Area (RLSA) Zoning Overlay District ; R 28 E I R 29 E [ R 30 E R 26 E ] R 29 E R 30 E All interested parties '.am invitoel to appear and be hear~ Copies of the propose rezoning are available for public Inspection in the Current Planning Sectior Community Development Sen/ices Center, 2800 N. Horseshoe Drive, Naple., Flodda, between the hours, of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Board of Count Commissioners with respect to any matter considered at such meeting or hearin[ he will need a record of the proceedings, and for such purpose he may need t ensure that a verbatim record of the Proceedings is made, which record include the testimony and evidence upon which the appeal is to be based. COLLIER COUNTY BOARD OF COUNTY COMMISSIONER1 COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen KenyOn, Deputy Clerk No. 99707399 May 13~ 20.( Collier County, Florida Reports Issued Opinion on Basic Financial Statements Opinion on Internal Control and Compliance Single Audit Opinion on Major Federal Awards and State Projects Management Letter Letter to Board of County Commissioners on Auditors' Responsibilities Separate Opinion on Financial Statements and on Compliance and Internal Control for each of the Constitutional Officers Opinion on Statements of Revenues, Expenditures and Allocation of Funds-Additional Court Costs Opinion on Statement of Conflict Counsel Fees and Costs Separate Opinion on Collier County Water and Sewer District Collier County, FlOrida New Reporting MOdel Government-wide financial statements in addition to fund-level financial statements Records all capital assets (including infrastructure) and also reflects depreciation expense and accumulated depreciation Records all debt Classifies net assets as unrestricted, restricted or invested in capital assets, net of related debt ,~. Two sections - governmental activities and business-type activities ~ Revenues and expenses reported by function to show net cost to taxpayers Focus on major funds Management's discussion and analysis Original and final budgets Airport advance treated as a transfer Internal Service Funds eliminated Collier County, Florida Major Funds General Fund Unincorporated Areas Impact Fees Escrow Road Impact District County Water and Sewer Solid Waste Disposal Emergency Medical Services Component Units included in the financial statements Collier County Water and Sewer District Goodland Water and Sewer District Collier County Health Facilities Authority Collier County Housing Finance Authority Collier County Industrial Development Authority Collier County Educational Facilities Authority 4 COllier .county, Florida Statement of Net Assets Governmental Activities Business-type Activities Total Assets: Cash and investments $ 247,506 146,151 393,657 Receivables 7,052 15,543 22,595 Other 8,562 9,802 18,364 Capital assets 473,453 515,279 988,732 Total assets 736,573 686,775 1,423,348 Liabilities: Accounts payable Other Non-current liabilities: Due within one year Due in more than one year Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets 21,534 12,947 34,481 74,221 10,726 84,947 13,874 6,819 20,693 102,978 112,077 215,055 212,607 142,569 355,176 377,404 401,329 778,733 13,530 9,969 23,499 133,032 132,908 265,940 $ 523,966 544,206 1,068,172 Collier County, FlOrida Statement of Activities Functions/Programs Primary government: Governmental activities: General government Public safety Physical environment Transportation Economic environment Human services Culture and recreation Interest on long-term debt Total governmental activities Business-type activities: Water and Sewer Solid Waste System Airport Emergency Medical Services Total business-type activities Total primary government Proarsrn Revenues Charges Operating Capital Net for grants and grants and (expense) Expenaee services contributions contributions revenue 67,622 20,418 370 365 (46,469) 104,652 17,344 4,493 686 (82,129) 14,757 2,057 395 1,851 (10,454) 29,201 28,689 1,442 1,989 2,919 6,115 741 4,645 525 (204) 8,750 469 807 12 (7,462) 31,868 7,514 379 337 (23,638) 3,109 -- -- -- (3,109) 266,074 77,232 12,531 5,765 (170,546) 51,547 50,455 -- 30,507 29,415 21,210 21,121 30 -- (59) 3,020 1,425 -- 950 (645) 14,653 6,783 86 -- (7,784) 90,430 79,784 116 31,457 20,927 $ 356,504 157,016 12,647 37,222 (149,619) General Revenues: Property taxes 147,753 Other taxes 63,832 Earnings on unrestricted investments 22,015 Other 10,007 Total general revenues 243,607 Change in net assets 93,988 Net assets - beginning 974,184 Net assets - ending $ 1,068,172 6 Collier Counb/, FlOrida General Fund-Fund Balance $35 $3O $25 $20 $15 $10 $5 $0 27 22.1 18.4 Total Fund Balance Reserved Unreserved fund balance 20.4 20.0 2002 2001 2000 1999 1998 2002 2001 2000 1999 1998 $28,8 27.0 29.2 25.8 24.3 1.0 8.6 7.1 5.4 4.3 $27.8 18.4 22.1 20.4 20.0 Total fund balance as a percent of expenditures and net transfers 14.8% 17.4% 21.3% 21.2% 21.7 7 Collier County, Florida Other Governmental Funds- Fund Balance [] 2002 [] 200I [] 2000 [] 1999 [] 1998 $70 $6O $5O $4O $3O $2O $10 $0 Special Revenue Debt Service 2002 2001 2000 1999 Special Revenue Debt Service Capital Projects Capital Projects 1998 65.9 54,5 47.4 40.6 34,2 6.9 10,6 9.7 9.7 9,7 46.7 50.5 60,0 53.3 43.6 8 Collier County, Florida Governmental Revenues [] 2002 [] 2001 [] 2000 [] 1999 [] 1998 $180 $160 $140 $120 ~: $100 - $80 $6O $40 $20 $0 Fiscal Year Taxes Licenses Intergovernmental Charges for Fines and and Services Forfeitures Permits Charges Licenses and for Fines and Taxes Permits Intergovernmental Services Forfeitures Special Assessments, Impact Fees and Other Interest Special Assessments, Impact Fees and Other Interest Total 2002 2001 2000 1999 1998 $173.0 13.0 57.5 22.1 6.1 138.3 11.2 48,7 20.0 5,9 122.3 10.6 46.2 19.5 4.6 109.5 9.6 44.6 15.8 4.2 106.3 8.5 39.4 13.4 4.0 45.0 35.2 24.9 20.8 17.1 14.1 17,3 12,1 6.8 8.0 330.8 276.6 240.2 211.3 196.7 Collier County, Florida 2002 and 2001 Governmental Revenues 2002 Fines and Forfeitures 2% Charges services 7% Special Assessments, Impact Interest Fees and Other Income 14% 4% Taxes 52% Intergovern mental 17% / Licenses and Permits 4% Fines and Forfeitures 2% ~ Charges for services 7% Interest Income 6% 2001 Special Assessments, Impact Fees and Other 13% Intergovernmental 18% Licenses and Permits 4% Taxes 50% 10 Collier COunty, Florida Governmental Expenditures mm 2002 [] 2001 · 2000 $100 $80 $60 $4O $20 Fiscal Year $0 General Government General Public Government Safety Public Physical Economic Safety Environment Transportation Environment Physical Economic Human Environment Transportation Environment Services Human Culture and Debt Capital Services Recreation Service Outlay Culture and Debt Capital Recreation Service Outlay Total 2002 2001 2000 1999 1998 $63.9 104.2 47.7 90.2 40.1 77.8 35.6 74.2 32.7 65.4 12.1 20.3 6.6 8.3 12.3 17.7 2.8 7.0 10.1 12.7 2.6 6.1 7.3 11,2 3,2 5.4 8.6 11,0 1.7 5.0 22.6 34.1 97.0 369.1 18.8 12.9 76.9 286,3 16.8 14.3 45.2 225.7 14.3 11.0 28.7 190.9 13.5 12.8 19.4 170.1 Collier County, Florida 2002 Governmental Expenditures 2002 Economic Environment 2% Physical Transportation Human Environment 5% Services i 3% I 2% Culture & Capital Outlay Recreation 27% 6% Debt Service 9% General Government 18% 2001 Physical Environment Transportation 8% Economic Environment 1% Public Safety 28% Public Safety 43% General Government 24% Human Services 3% Culture & Recreation 9% Debt Service 6% 12 Collier ~County, FlOrida AnalYsis - General Government Debt [] Outstanding general government debt $100 [] Cash reserved fOr debt service c- $90 $8O $7O $6O $5O $4O $3O $20 $10 $0 2002 2001 2000 1999 1998 2002 2001 2000 1999 1998 Outstanding General Governmental Debt Cash Reserved for Debt Service $95.0 70.2 63.7 62.5 65.8 2.2 10.6 9.7 9.7 9.7 13 Collier County, Florida ~ Analysis- Water and Sewer Fu~d Debt [] Revenue 8onds [] Notes Payable $100 $90 $80 $70 $60 $50 $40 $30 $20 $10 $o 2002 2001 2000 1999 1998 2002 2001 2000 1999 1998 Revenue Bonds $73.2 83.3 87.3 91.0 93.1 Notes Payable 40.4 39.4 24.4 25.8 24.9 At September 30, 2002, $9.7 million of retained earnings is reserved for debt service on the revenue bonds. 14 COllier County, FlOrida COunty Water and Sewer ]:ncome Statement (millions) Operating revenue Operating expenses Non-operating Net income Net assets: Capital assets, net of debt Restricted for debt service Unrestricted Total 2002 2001 20~ 50.1 45.9 45.9 (44.8)(39.8) (34.6) 1.8 5.4 1.5 $ 7.1 11.5 12.8 $379.6 318.1 292.1 10.0 10.1 9.6 109.3 133.8 118.3 $498.9 462.0 420.0 Collier County, Florida County Water and Sewer Cash Flows (millions) Operating income Depreciation Other non-cash Cash from operations Contributions from developer and others Capital expenditures Debt service Debt proceeds Interest income 2002 2001 2O00 $ 5.3 12.8 0.5 18.6 22.1 6.1 12.4 (1.1) 17.4 19.9 (56.9) (12.3) 3.6 7.5 (31.4) (10.4) 15,9 10.1 11.4 11.5 0.9 23.8 20.3 (20.2) (10.3) 6.4 Increase (decrease)in cash and investments $ (17.4) 21.5 20.0 16 Collier'County, Florida Solid Waste Disposal :Income Statement (millions) Operating revenue Operating expenses Non-operating Net income (loss) Net assets 2002 2001 2000 $ 21.1 19.7 16.6 (21.2) (19.7) (20.1) 0,8 2.0 1.5 $ 0.7 2.0 (2.0) $ 26,9 26.5 24.5 17 Collier COunty, Florida Airport Authority Tncome Statement (millions) Operating revenue Operating expenses Non-operating Net loss before transfer in 2002 2001 2000 1.4 1.5 1.4 (2.8) (2.4) (2.2) (0.1) (0.3) (0.3) $ (1.5) (1.2) (1.1) Collier County, Florida Emergency Medical Services Enterprise Fund Operating revenue Operating expenses Transfers in Net income Net assets 2002 2001 2000 $ 6.8 5.9 5.5 (14.6) (13.6) (12.6) 7.9 7.7 7.1 $ 0.1 0.0 0.0 $ 4.4 4.2 4.2 Collier County, Florida Composition of cash and investments at September 30 (in 'millions) U. S. Agency Securities U. S. Treasury Securities Local Gov't Surplus Funds Trust Commercial Paper Repurchase Agreements Total investments Cash Total cash and investments 2002 2001 2000 $ 225.2 112.2 44.3 211.1 214.3 8.1 43.4 157.4 57.8 30.0 4,4 4.4 381.7 381,0 349.9 12.0 17.3 19.6 $ 393.7 398.3 369.5 Restricted Unrestricted $ 68.4 105,7 81.0 325.3 292.6 288.5 $ 393.7 398.3 369.5 Collier County, Florida Federal & State Single Audit No Findings Major Federal Programs Tested State Revolving Loan FEMA- Tropical Storm Gabrielle , Economic Development Grant ,, Child Support Enforcement Community Development Block Grant Community Development Block Grant- Small Cities Local Law Enforcement Block Grant State Criminal Alien Assistance Program Major State Programs Tested Voting Machines State Aid to Libraries Urban Infill State Housing Initiatives Partnership Program Livingstone Road - Phase 2 21