Agenda 09/10/2003 S COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 10, 2003
5:05 p.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
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 RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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
1
June, 2003
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
THE BOARD TO CONSIDER AN ORDINANCE AMENDING
ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA.
3. ADJOURN
2
June, 2003
EXECUTIVE SUMMARY
AN ORDINANC~ AMENDING ORDINANCE NUMBER 91-102, AS AIVIENDED, 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 TIIE FOLLOWING: ARTICLE 1, DIVISION 1.6, INTERPRETATIONS;
DIVISION 1.8, NONCONFORMITIES; ARTICLE 2, DIVISION 2.2, ZONING
DISTRICTS, pEI1MITTED USES, CONDITIONAL USES, INCLUDING REVISIONS '.
TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT, INCLUDING THE
GOODLAND ZONING OVERLAY DISTRICT; DIVISION 2.4, LANDSCAPING AND
BUFFERING; DIVISION 2.5, 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; AND AI~TICLE 6, DIVISION 6.1, RULES OF CONSTRUCTION; DIVISION
6.3, DEFINITIONS; APPENDIX B, TYPICAL STREET SECTIONS AND RIGHT-OF-
WAY DESIGN STANDARDS; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE; AND sECTION SIX, EFFECTIVE DATE.
OBJECTIVE:
To amend the provisions of the Collier County Land Development Code to serve the best interest of the
public.
CONSIDERATIONS:
This is the first o£two public hearings required by Statute for amending the Collier County Land
Development Code. Each of the amendments was presented to, and reviewed by, the Development
Services Advisory Committee, the Collier County Planning Commission, and the Environmental
Advisory Committee, where applicable. Recommendations of each of these bodies are included in the
summary description of the LDC amendments where an advisory body advocated revisions to the staff
recommended changes. The Planning Commission held public hearings on July 16, 2003 and August
20, 2003. A summary of the review of these amendments by these entities is provided with this
Executive Summary on the first eight pages o£this document
FISCAL IMPACT:
As noted on each individual amendment in the handout.
GROWTH MANAGEMENT 1MPACT:
SEP 1 02003,
All proposed amendments to the Land Development Code are consistent with Policies, Objectives and
Elements of the GMP.
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners review the proposed amendments to the Land Development
Code and provide direction to staff to ensure appropriate changes and/or consistency with the Growth
Management Plan.
pREPARED BY:
RUSSELL WEBB, PRINCIPAL PLANNER,
CURRENT PLANNING SECTION
DATE
REVIEWED BY:
SAN MURRAY, AI ,
CURRENT PLANNING SECTION
DA~E / -
APPROVED BY:
(OM~TY DEVELOPMENT & ENVIRONMENTAL SVCS.
SEP 1 0 2003-
Pg-L ~
TO:
FROM:
Board of County Commissioners
Russell Webb, Principal Planner
DATE:
SUBJECT:
August 28, 2003
Land Development Code Amendments For 2003 Cycle 2
The BCC meeting will take place Wednesday, September 10th in the BCC Meeting
Room, Admin. Building, County Government Center, 5:05 P.M.
Enclosed are the proposed Amendments to the 2003-Cycle 2 Land Development
Code that will be reviewed at this meeting.
If you have any questions please call me at 403-2322.
PLANNING SERVICES DEPARTMENT
0
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Susan Murray, Current Planning Manager
DEPARTMENT: planning Services
LDC PAGE(S): 1.10'- 1.12.1
LDC SECTION: Division 1.6 Interpretations
CHANGE: Clarification of the Amendment
REASON: The current version is wordy and ambiguous.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Sec. 1.6.3. Procedures
1.6.3.1. Submission for request for interpretation·
~ ~quests for inte~retation skall must be submi~ed to the plmng
se~ices director or c~e~building official ("officials"),,."'~;~-.--- ....., ,~ ~; .... ~ve--~-~,u~"~ in a fo~
established by h~. Each request must identi~ the specific l~d development code or
building code citation to be inte~reted. Each request for inte~retation must be
accompanied by ~e appropriate fee as set fo~ in the fee resolution adopted by the bo~d
i i Afc q .....
o co~ co~ ss oners. : ..... re uzst
b~ ~u .... ~ ,...~ p=~ ~y ,~ .... ~;~--* Under no circumst~ces may the request ~or
i~tc~Tctatio~ CO~in ~orc ~h~ t~C~ issues/questions. It must not contain a single
question with more ~h~ t~ee sub-issues or questions. If it is dete~ined by the
approp~ate official that the request for inte~retation contains more th~ t~ee issues, the
3pplic~t will bc TcquiTcd ~0 s~bmi~ a scparate requcs~ accomp~i~d by th~ applicab]c
fees.
1.6.3.2. Determination of completeness. After receipt of a request for
interpretation ~,~,o ~, ....... :"~ th ~'~:~ ~
wkiohever is~rr...~..,~l;~l~ appropriate official must o..~.."~u dete~ine whe~er the request is
complete If the ~1~1 .....o 1~o A;.~+ ..... h;~C~,.;l~;~ ~rg~;nl ...h:~h .....
~ appropriate official detemines that the request is not complete, he must
se~e a ~en notice on ~e applic~t specif~ng the deficiencies. ~e appropriate
0 C a F ....... ~ ................................ ~ ........ ~ ...........
:ball t~e no ~her action on the request for intc~retation ~til the deficiencies ~e
remedied.
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Margaret Wuerstle
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: Cycle 2, 2003
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
LDC 1:19,20
1.8.10.2.1.
Adding a sub-section dealing with nonconforming docks/boathouses.
Due to the unique nature of docks and boathouses and the expense
accompanying this unique nature, there is an existing need to allow for
repair when the structure is destroyed, but expansion in any Way will void
the legal nonconforming status.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts to the County, but this
language is being devised, in part, due to the economic impacts to the property owner. Without
this language, a dock would need to be brought up to Code when only minor repairs occur due to,
the elevated costs of materials and equipment necessary to perform the work.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
1.8.10.2.1.
Docks and boathouses are not subiect to the provisions of Section 1.8.10.2. Docks
and boathouses must be reconstructed to conform to the Code only if the
reconstruction of the dock or boathouse will expand or alter the origina,
nonconfo,ming facility with regard to deck area, protrusion, setbacks, or the addition
of any covered structure, regardless of the percentage of destruction or repairu
performed. The determination of legal nonconforming status will be established by
presentation of a signed, sealed survey, a copy of the Property Appraiser's record, ok
other dated photography or documentation showing that the facility existed in it~
present location and configuration prior to 1990. Any expansion of the facility, no
matter how insignificant will void legal nonconforming status and require ~trict
compliance to the Code. Improvements that did not exist prior to the destruction or
repair of the dock or boathouse are not allowed and will also void the legal
nonconforming status.
ORIGIN:
AUTHOR:
Center (#'s 24 and 43)
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC2:64.4.1
LDC SECTION: 2.2.16.2.1.
CHANGE:
REASON:
Community Development and Environmental Services Division
Russell Webb (#'s 20, 41, and 50) and Public Request/North Collier Industrial
LDC Cycle 2, 2003
Adding four uses to the industrial district section.
The "wholesale trade--nondurable goods..." was mistakenly omitted from
and needs to be added back to this section. Second, revising #20 gunsmith
Ordinance 2002-31
shops to delete the reference to shooting ranges as an accessory use and add a new paragraph for
shooting ranges. Finally, adding two uses that are similar to uses already existing in this district
and are included in the commercial districts as well.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.2.16.2.1. Permitted uses.
Agricultural services (groups 0711, except that chemical treatment of soil for
crops, fertilizer application for crops and lime spreading for crops shall must be a
minimum of 500 feet from a residential zoning district, 0721, except that aerial
dusting and spraying, disease control for crops, spraying crops, dusting crops,
and insect control for crops (with or without fertilizing) :hal! must be a minimum
of S00 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783).
2. Apparel and other finished products (groups 2311--2399).
3. Automotive repair, service, and parking (groups 7513--7549).
10. Crematories (7261).
11. Depository and nondepository institutions (groups 6011
12. Eating places (5812).
13. Educational services (8243--8249).
14. Electronic and other electrical equipment (groups 3612--3699).
15. Engineering, accounting, research, management and related
8711--8748).
16. Fabricated metal products (groups 3411--3479, 3491--3499).
4. Barber shops (group 7241).
5. Beauty shops or salons (7231).
6. Building construction (groups 1521--1542).
7. Business services (groups 7312, 7313, 7319, 7334---7336, 7342--7389,
including auction rooms (5999), subject to parking and landscaping for retail
use).
8. Communications (groups 4812--4899 including communications towers up to
specified heights, subject to section 2.6.35).
Construction--Special trade contractors (groups 1711--1799).
,6163).
services (groups
17. Food and kindred products (groups 2011--2099 except slaughtering plants).
18. Furniture and fixtures (groups 2511--2599).
19. General aviation airport.
G mith (gr 7699)
20. uns shops oups
21. Heavy construction (groups 1611--1629).
22. Health services (8011 accessory to industrial activities conducted on-site only).
~23. Industrial and commercial machinery and computer equipment (3511--3599).
24. Insurance agents, brokers, and service, including Title insurance (_group 6361 and
6411).
~ 25. Leather and leather products (groups 3131--3199).
25.26.. Local and suburban transit (groups 4111--4173).
,.,,. 27. Lumber and wood products (groups 2426, 2431--2499).
27.28. Measuring, analyzing, and controlling instruments; photographic, medical and
optical goods; watches and clocks (groups 3812--3873).
28.29. Membership organizations (groups 8611, 8631).
29. 30,. Miscellaneous manufacturing industries (groups 3911--3999).
39. 31. Miscellaneous repair services (groups 7622--7699) with no associated retail
sales.
31. 32. Motor freight transportation and warehousing (groups 4212, 4213----4225,
4226 except oil and gas storage, and petroleum and chemical bulk stations).
32.33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6.
33.34. Paper and allied products (2621--2679).
34:-.35.... Personal services (groups 7211--7219).
35.36. Physical fitness facilities (group 7991).
35.37. Printing, publishing and allied industries (groups 2711--2796).
37.38. Railroad transportation (4011, 4013).
38.39. Real estate brokers and appraisers (6531).
39. ~.0. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053).
41. Shooting range, indoor (group 7999).
40,. 42. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--
.. 3273, 3275, 3281).
4~. 43..Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297,
2298).
43. Title abstract offices (group 6541).
4~. 44. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764,
3769, 3792, 3799).
~ 45. Transportation by air (groups 4512---4581).
44:. 46. Transportation services (groups 4724--4783, 4789 except stockyards).
45-:. 47. United States Postal services (4311).
:.
~ 48. Welding repair (7692).
4~. 49. Wholesale trade---Durable goods (groups 5012--5014, 5021--5049, 5063--
5092, 5094---5099).
50. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191
except that wholesale distribution of chemicals, fertilizers, insecticides, and
pesticides must be a minimum of 500 feet from a residential zoning district
(5192--5199).
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Russ Muller
DEPARTMENT: Engineering
AMENDMENT CYCLE # OR DATE: Cycle 2, 2003
LDC PAGE(S): 2:124.20
LDC SECTION: 2.2.33.22.13 Garages and driveways.
CHANGE: Add a separation requirement for the garage to the back of the sidewalk.
REASON: The distance from the back of a sidewalk to the garage door should
accommodate a parked vehicle without encroaching into the sidewalk. Common practice
is to park in the driveway far enough fxom the garage to allow room to walk betWeen the
garage and the parked car. It is also necessary to allow space for a clear zone for the
sidewalk user. Several site visits and measurements were taken to determine that a
minimum of 23 feet is required. The primary concern is safety, but there are many
reasons why sidewalk parking is unacceptable.
Safety and health
Sidewalk parking can force pedestrians into traffic.
Vehicles on sidewalks make it difficult to see children as they attempt to
circumvent obstructions.
The weight of cars parked on sidewalks can cause breaks or separations in the concrete
creating trip hazards and uneven walking surfaces.
Oil from cars parked on sidewalks create slippery areas on the concrete.
Even partially blocked sidewalks are difficult to navigate for the visually impaired.
Walking should be encouraged to promote health.
Legal aspects
Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified
places states no person shall stop, stand, or park a vehicle on a sidewalk.
Financial aspects
Collier County risks an ADA lawsuit.
Sidewalk maintenance responsibilities lie with the County, homeowner associations or
property owners. Cars parked on sidewalks damage pavement.
Supporting Organizations
Community Traffic Safety Team
Pathways Advisory Committee to the MPO.
FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA
lawsuits and the maintenance costs.
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
Amend the LDC as follows:
2.2.33.22.13. Garages and Driveways.
1. The rear setback may be reduced to ten feet if a front-access garage is
constructed on the rear of the residence.
width of garage doors is 16 feet.
Only one driveway is allowed per 50 linear feet of front property line.
~l~g.~ ~1.-1.,~..,~., ~1.~11 1. ........ ; ....... ~1~1~ ~ 1 Q 4~- :~ +~ ~t ~
~ ~e maximum wid~ of the driveway at the fi~t-of-way line
is 18 feet.
4. Other than the permitted driveway, the front yard may not be paved or
otherwise used to accommodate parking.
5. Garages :ha!! must be recessed a minimum of three feet behind the
front facade of the primary residence.
6. No carports are permitted.
The distance from the back of the sidewalk to the garage door must be
at least 23 feet to allow room to park a vehicle on the driveway without
parking over the sidewalk. Should the garage be side-loaded there
must be at least a 23-foot paved area on a perpendicular plane to the
garage door or plans must ensure that parked vehicles will not interfere
with pedestrian traffic.
ORIGIN:
AUTHOR: Russell Webb
DEPARTMENT: Planning Services
AMENDMENT CYCLE# OR DATE:
LDC PAGE: LDC2:124.26
LDC SECTION:
CHANGE:
Community Development and Environmental Services Division
Cycle 2, 2003
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
2.2.34.4.
Adding a conditional use section and, more specifically, allowing clam
nurseries to be conditional uses in Goodland.
The fishing net ban placed a tremendous hardship on many fisherman.
This is a method to spur this rather stagnant industry while creating a
minimal impact to the residents.
None.
None.
None.
Amend the LDC as follows:
2.2.34.4.
2.2.34.4.1.
2.2.34.4.2.
Development criteria. The development criteria and standards for each zoning district
in Goodland as provided for in this Code shall apply for all uses and structures in this
overlay district unless specifically superseded below.
Permitted uses. The following uses are permitted as of right in this subdistrict:
Reserved.
Conditional uses. The following uses are permitted as conditional uses in this
subdistrict:
a. Clam nursery, subject to the following restrictions:
1)
A "clam nursery" is defined as the growing of clams on a "raceway" or
"flow-through saltwater system" on the shore of a lot until the clam
reaches a size of approximately one-half inch.
2)
For the purposes of this section, a "raceway" or "flow-through salt water
system" is defined as a piece of plywood or similar material fashioned as
a table-like flow through system designed to facilitate the growth of
clams.
3)
4)
At no time may a nursery owner operate a raceway or raceways that
exceed a total of 800 square feet of surface area.
The nursery must meet the requirements of a "minimal impact aquaculture
facility" as defined by the Department of Agriculture.
5) The nursery must not be operated on a vacant lot, unless both of the
following requirements are met:
i. The vacant lot is owned by the same individual who owns a lot
with a residence or habitable structure immediately adjacent to the
vacant lot; and
ii. The vacant lot must not be leased to another individual for
purposes of operating a clam farm within the RSF-4 and VR
zoning districts.
6) At no time will a nursery owner be allowed to feed the clams, as the clams
will be sustained fi.om nutrients occurring naturally in the water.
7)
Only the property owner or individual in control of the property will be
allowed to operate a raceway on the shore off his property within the VR
and RSF-4 zoning districts. In other words, a landowner must not lease
his property to another individual to use for purposes of operating a clam
nursery.
8)
Any pump or filtration system used in coniunction with the nursery must
meet all applicable County noise ordinances and must not be more
obtrusive than the average system used for a non-commercial pool or
shrimp tank.
2.2.34.~..I. 2.2.34.4.3. Maximum building height. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use provided that no residential
building may contain more than two levels of habitable space.
2.2.2~.~..2.2.2.34.4.4. Minimum lot requirements. As provided for in the Village Residential
zoning district for each permitted, accessory, and conditional use except for the following:
a. Single family/mobile home:
Minimum lot area: 4,275 square feet.
Minimum lot width: 45 feet.
2.2.3~..~..2.2.2.34.4.5. Minimum lot requirements. As provided for in the residential single family
district (RSF-4) for each permitted, accessory, and conditional use except for the following:
a. Minimum lot area: 5,000 square feet.
b. Minimum lot width: 50 feet.
2.2.3~.~.~.2.2.34.4.6. Minimum yard requirements. As provided for in the residential single
family district (RSF-4) for each permitted, accessory, and conditional use except for the
following:
a. Side yard: Five feet.
ORIGIN:
AUTHOR: Russell Webb/Mike Barbush
DEPARTMENT: Public Request
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC2:124.26
LDC SECTION:
CHANGE:
REASON:
Community Development and Environmental Services Division
Cycle 2, 2003
2.2.34.5.1.
Modifying this section to allow certain commercial vehicles.
The residents of Goodland have recognized a need for storage of certain
commercial vehicles as long as they are within certain restrictions.
FISCAL & OPERATIONAL IMPACTS: There would be a fiscal impact to the County with
regard to the drainage swale issue. If vehicles are allowed to park in the swale there may be
damage that would necessitate performance of repairs and maintenance.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.2.34.5. Parla'ng/storage of major recreational equipment and, personal vehicles, and certain
commercial vehicles.
2.2.34.5.1. Within the VR and RSF-4 zoning districts, except for specifically designated travel
trailer subdivisions, boats, trailers, recreational vehicles and other recreational
equipment may be stored in any yard subject to the following conditions.
a. Nc rRecreational equipment :ha!! must not be used for living, sleeping, or
housekeeping purposes when parked or stored.
b. Nc, rRecreational vehicles or equipment :hah must not exceed 35 feet in length.
c. Nc r_Recreational vehicles or equipment r, ha!! must not be parked, stored e, or
encroach in any county right-of-way easement.
d. Recreational vehicles or equipment that exceed 35 feet in length c,k"2! will be
subject to the provisions of subsection 2.6.7.2 of this Code.
2.2.34.5.2. Personal vehicles may be parked in drainage swales in the VR and RSF-4 zoning
districts subject to the following conditions.
a. No vehicle shall block or impede traffic.
2.2.34.5.3. Commercial vehicles 35 feet in length or less will be allowed to park at the owner's
home and in the drainage swale subiect to the following conditions:
a. No vehicle shall block or impede traffic;
b. Drainage must not be blocked or impeded in any way as a result of the parking in
the swales;
c. Parking will only be permitted in driveways and not in yard areas; and
do
No more than two commercial vehicles may be parked at one residence/site,
unless one or more of the vehicles is engaged in a construction or service
operation on the residence/site where it is parked. The vehicle engaged in this~
service must be removed as soon as the construction or service is completed.
For purposes of this subsection only, a commercial vehicle is defined as a van, pickup
truck, or passenger car used for commercial purposes and licensed by the Department
of Transportation. A vehicle is not considered a commercial vehicle merely by the
display of a business name or other insignia. No other commercial vehicle, such as
dump tracks, cement trucks, forklifts or other equipment used in the construction
industry will be allowed to park at a residence or site overnight unless specifically
approved by the planning services director.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Russell Webb/Mike Barbush
DEPARTMENT: Public Request
AMENDMENT CYCLE # OR DATE: Cycle 2, 2003
LDC PAGE(S): LDC2:124.27
LDC SECTION: 2.2.34.6.2.
CHANGE: To add language for legal nonconforming sheds.
REASON: There are certain sheds in Goodland that are not in strict compliance with the
Code that existed prior to the adoption of the LDC.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.2.34.6.2.
Parcels located off of Bayshore Drive are allowed to retain any sheds that
were constructed prior to the effective date of the Code. Storage sheds for
fishing and boat equipment on the boat dock parcels off of Bayshore Drive
constructed after the effective date of the Code are permissible if they comply
with the following requirements:
1. The appropriate building permit must be obtained.
2. Bayshore drive setback: ten feet.
3. Waterfront setback: ten feet.
4. Side yard setback: 0 feet.
5. Maximum size of shed: 144 square feet.
ORIGIN:
AUTHOR: Russell Webb/Mike Barbush
DEPARTMENT: Public Request
AMENDMENT CYCLE # OR DATE:
LDC2:124.27
2.2.34.7.
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
Community Development and Environmental Services Division
Cycle 2, 2003
Addition of a new subdivision.
The addition is necessary to provide the residents of Goodland an
exemption from the new sign ordinance for a short time period or until the sign is destroyed,
whichever occurs first.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 2.5
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.2.34.7.
Sign requirements. All signs existing as of the effective date of this ordinance in
Goodland are exempt from the requirements of the Collier County sign ordinance
(Division 2.5) for five years from the effective date of this ordinance or until the sign
is destroyed, whichever comes first. Any signs constructed after the effective date of
the ordinance must strictly comply with Division 2.5. Sign maintenance is limited to
painting existing signs. All other maintenance or repairs will void the exemption and
require the owner to construct a sign that strictly adheres to Division 2.5. in the event
that the owner wishes to have a sign.
ORIGIN:
AUTHOR:
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC 2:137
LDC SECTION: 2.4.3.1.
Community Development and Environmental Services Division
Margaret Wuerstle, Planning Services Director
LDC Cycle II, 2003
CHANGE: Provide a landscape deviation process for Essential Services and Collier County
Public Schools.
REASON: To allow Essential Services and Collier County Public Schools flexibility when
meeting landscape codes. This change is being effectuated due to the state-mandated interlocal
agreement between the BCC and the Collier County School Board. In general, educational
facilities are not subject to the landscaping requirements set forth below regardless; however, the
School Board has agreed that they will follow these landscape provisions and only request
deviations when the "State Requirements for Educational Facilities" ("SREF") requires them to
do so, or for local School Board considerations such as provision for an educational program,
safety or when the site is shared with other public facilities.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
Sec. 2.4.3. Procedures.
2.4.3.1.Landscape plan required. Prior to the issuance of any preliminary subdivision
plat, final site development plan, or building permit, an applicant whose
development is covered by the requirements of this section ska!! must submit a
landscape plan to the planning services director. The landscape plan shall must
bear the seal of a Landscape Architect registered in the State of Florida. The
landscaping required for single-family, two family, and mobile home dwelling
units shall must be shown on the building permit plot plan. This plan is not
required to bear the seal of a landscape architect.
1,,~11
The landscape plan s ..... must be drawn to a suitable scale, include dimensions,
north arrow, date, title, project owner's name, delineate the existing and proposed
parking, vehicular use areas, buildings, access points, and roadways, show all
utility lines or easements, and show the location of existing and proposed planting
areas and vegetation communities and designate them by species name. The code-
required landscaping shall must be highlighted or indicated on the plan to
differentiate from the applicant's provided landscaping that is in addition to that
required by this Code. Design creativity is encouraged so long as it meets the
intent of this Code. The plan shall must show the location of permanent
vegetation protection devices, such as barricades, curbing, and tree wells. The.
plan shall must also include a ch'~,~~, plant legend indicating graphic plant symbol,
botanical and common name, quantity, height, spread, spacing, native status,
drought tolerance rating (as defined by "Xeriscape Plan Guide 11" published by
South Florida Water Management District, West Palm Beach, FL) and type of
mulch. The plan shall must show tree and palm staking details per accepted
industry practices and standards. In addition, a tabulation of the code-required
landscaping indicating the calculations necessary to insure compliance with this
Code shall must also appear. A certificate of occupancy shall must not be issued
until approval of the landscaping plan and installation of plants and materials
consistent with that approved plan has been completed and inspected by the
County.
2.4.3.1.1.
2.4.3.1
Public Educational Facilities and Plant, AncillarF Plant, and AuxillarF
Facility.
Essential services including Collier County Public Schools (CCPS) / public
Educational and Ancillary Plants, and other public facility projects developed
jointly with CCPS may demonstrate that the intent of this division can be
-effectively accomplished without meeting specific development standards.
The applicant must request an administrative review of the alternative
design, as outlined in Section 2.4.3.1.1.1. of the code. The deviations are
limited to qo__antity of plant material and the School district must demonstrate
that the deviation is necessary as a result of an educational program or joint
use of the school site with another public facility or use.
.1.1 .Procedure.
In addition to the base submittal requirements, applicants shall clearly
label the plan submitted as an "Alternative Landscape Code Plan". This
plan shall reference the deviations on the plan. An applicant must submit
a narrative description identifying the code development standards
required by this section which will be addressed through the alternative
approach. The planning services director will administratively review
submittal documents for consistency with the intent of this division. If the
plan is approved through this provision, the approved deviations must be
specifically noted and the basis of the approval must be stated within the
site development plan approval letter. Deviations approved will be
applicable only to the specific design and plan reviewed. Modifications of
an approved design will void the deviation request and require resubmittal
to planning services staff for re-evaluation of the request in the context of
the amended design and plan.
2.4.3.1.1.2.Exemption
An administrative deviation is not required for specific standards relating
to placement of plant materials if the intent of the division can nonetheless
be carried out without meeting these standards. The intent of the division
can be demonstrated by detailing a specific health, safety, or welfare
concern as defined by SREF or as may be unique to a specific site or
educational program that would override the need to provide plant
materials. A copy of SREF, as may be amended, is available in the
records room in the Community Development and Environmental Services
Division Building.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
LDC PAGE(S): 2:137
LDC SECTION: 2.4.3.1.
CHANGE: Require installation of landscape buffers prior to vertical construction when
a nonresidential project is constructed adjacent to an existing residential development.
REASON: To protect and buffer residential dwellers from impact of construction of
incompatible development.
FISCAL & OPERATIONAL IMPACTS: There are no fiscal impacts. However,
there may be some difficulty for construction activities to occur around a pre-planted
landscape buffer.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
Sec. 2.4.3. Procedures.
2.4.3.1. Landscape plan required. Prior to the issuance of any preliminary subdivision
plat, final site development plan, or building permit, an applicant whose
development is covered by the requirements of this section ska!! must submit a
landscape plan to the planning services director. The landscape plan shall must be
prepared by and bear the seal of a landscape architect registered in the State of
Florida. The landscaping required for single-family, two-family, and mobile
home dwelling units shall must be shown on the building permit plot plan. This
plan is not required to be prepared by and bear the seal of a landscape architect.
The landscape plan shall must be drawn to a suitable scale, include dimensions, north
arrow, date, title, project owner's name, delineate the existing and proposed parking,
vehicular use areas, buildings, access points, and roadways, show all utility lines or
easements, and show the location of existing and proposed planting areas and vegetation
communities and designate them by species name. The code-required landscaping shall
must be highlighted or indicated on the plan to differentiate from the applicant's provided
landscaping that is in addition to that required by this code. Design creativity is
encouraged so long as it meets the intent of this code. The plan ska!! must show the
location of permanent vegetation protection devices, such as barricades, curbing, and tree
wells. The plan shall must also include a chaX plant legend indicating graphic plant
symbol, botanical and common name, quantity, height, spread, spacing, native status,
drought tolerance rating (as defined by "Xeriscape Plan Guide II" published by South
Florida Water Management District, West Palm Beach, FL) and type of mulch. The plan
shall must show tree and palm staking details per accepted industry practices and
standards. In addition, a tabulation of the code-required landscaping indicating the
calculations necessary to insure compliance with this code shall must also appear.
Where a nonresidential development/parcel is constructed adiacent to an existing
residential development, perimeter landscape buffers required by Section 2.4.7.4. must be
installed prior to vertical construction of such nonresidential property. Where these
buffers are not practicable, then deviations will be allowed. Practicability may be
demonstrated by showing the buffer would be severely damaged or destroyed during
development. The site development plan must clearly state that this buffer is not
practicable. This, among other factors, will be used by the planning services director to
determine practicability.
A certificate of occupancy shall must not be issued until approval of landscaping plan and
installation of plants and materials consistent with that approved plan has been completed
and inspected by the county.
Community Development & Environmental Services Division
ORIGIN:
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003
LDC PAGE(S): LDC2:I41
LDC SECTION: 2.4.3.5.
CHANGE: Move site lighting and landscape language from Section 2.8.3.7.2. # 4 into
Division 2.4 "Landscaping and Buffering."
REASON: Landscape regulations have been relocated from the architectural section of
the code to the landscape section.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.3.5. Installation. Prior to the issuance of any certificate of occupancy for a use
required to provide landscaping and irrigation in accordance with this section, all
required landscaping and irrigation shall be installed and in place as set out in the plans
approved under subsections 2.4.3.1 and 2.4.3.2. All plant materials must be installed in
accordance with accepted landscape practices in the area and meet the plant material
standards contained in Section 2.4.4. Plant materials shall be installed in soil conditions
that are conducive to the proper growth of the plant material.
Limerock located within planting areas shall be removed and replaced with native or
growing quality soil before planting. A plant's growth habit shall be considered in
advance of conflicts which might arise (i.e. views, signage, overhead power lines,
lighting, circulation, etc.). Trees shall not be placed where they interfere with site
drainage, subsurface utilities, or overhead utility lines, or where they shall require
frequent pruning in order to avoid interferences with overhead power lines. 4,. Tree
and site-parking lot / pole lighting locations shall be designed so as not to conflict with
one another. Parking lot / pole site lighting shall not be located in landscape islands with
trees and shall be located a minimum of 10 12.5 feet from the trunk of a tree. see
!!!'.'.stratizn !8 Figure x below). GRAPHIC Lr~'~,~AVA!L,~LE: Figure x: Compatible
Tree and Lighting Design
¢OMPA'I' BLE TREE AND I..]:GH'I' NG I:)ES'r. l
FigureX Compatible Tree ~nd Li~htinf De~i~n
Trees shall not be planted in areas that retain excessive quantities of water or will require
excessive amounts of fill placed over the root system that will affect the health of the tree
species. Required landscaping shall not be placed within easements without written
approval from all entities claiming an interest under said easement.
All trees and palms shall be properly guyed, braced and/or staked, at the time of planting
to ensure establishment of the tree or trees and erect growth. Nail staking or other
methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall
be re-staked within 24 hours in the event of blow-over or other failure of the staking and
guying. Staking shall be removed between six and 12 months after installation.
All required landscaping shall be installed in accordance with plans approved under
section[s] 2.4.3.1 and 2.4.3.2. Landscaping within a subdivision development shall be
guaranteed by a subdivision completion bond in accordance with division 3.2 governing
the final platting of subdivision.
All required landscaping shall be maintained in a healthy condition in perpetuity as per
the approved building and site plans. Code Enforcement may investigate deficiencies in
approved landscaping and institute corrective action to insure compliance with this Code.
ORIGIN:
AUTHOR:
Community Development and Environmental Services Division
Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC 2:143
LDC SECTION: 2.4.4.2.
LDC Cycle Il, 2003
CHANGE: Clearly state that palms may be substituted for up to 30% of entire parking lot
plantings and Type D right-of-way buffers.
REASON: Currently the code allows for a 30% substitution of palms for canopy trees.
However, the code does not clearly state whether this applies to the overall site or within a
specific requirement area such as interior vehicular use areas (parking lots) or within an
individual right-of-way landscape buffer. Consequently, it has resulted in entire parking lots and
segments of signature street corridors void of canopy shade trees. This is inconsistent with the
purpose and intent section and with the Type D right-of-way section of the landscape code as
well as the Collier County Landscape Beautification Master Plan.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: LDC Section 2.4.5.2 "Landscaping required in
interior of vehicular use areas" and Division 2.4.7.4. "Types of buffers".
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.4.2. Trees andpalms. All required new individual trees, shall be species having an average
mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s)
which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to
walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet
of clear wood. Trees having an average mature spread or crown less than 20 feet may be
substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For
code-required trees, at least 50 percent of the trees at the time of installation shall be a minimum
of ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot
spread. The remaining code-required canopy trees, at the time of installation, shall be at least
eight feet in height, have a 1 1/2-inch caliper (at 12 inches above the ground) and a three-foot
spread.
A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will
be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count
one palm for one canopy tree. Palms may be substituted for up to 30 percent of required
canopy trees with the following exceptions. No more than 30% palms may be substituted
for required canopy trees within the interior of a vehicular use area and within each
individual Type D road right-of way landscape buffer. Palms must have a minimum of
ten feet of clear trunk at planting.
All new trees, including palms, shall be of a species having an average mature height of
15 feet or greater.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003
LDC PAGE(S): LDC2:154
LDC SECTION: 2.4.5.4.
CHANGE: Add Section 2.4.5.5. "Landscaping required for Division 2.8 buildings over
20,000 square feet". Also, amount of trees and palms has been quantified in Section
2.4.5.4.
REASON: This is a relocated landscape requirement from Section 2.8.3.7.2. and
Division 2.8. "Architectural and Site Design Standards and Guidelines for Commercial
Buildings and Projects" to Division 2.4 "Landscaping and Buffering."
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.5.4. Green space required in shopping centers and freestanding retail
establishments with a floor area greater than 40, 000 square feet. An area that is at least
seven percent of the size of the vehicular use areas shall must be developed as green
space within the front yard(s) or courtyards of shopping centers and retail establishments
and shall be in addition to the building perimeter planting area requirements. The
courtyards shall must only be located in areas that are likely to be used by pedestrians
visiting the shopping center and retail establishment. The seven percent green space area
shall must be in addition to other landscaping requirements of this division, and may be
used to meet the open space requirements (section 2.6.3.2), and :ha!! must be labeled
"Green Space" on all subdivision and site plans. The interior landscape requirements of
these projects shall be reduced to an amount equal to five percent of the vehicular use
area on site. Green space shall mus__._!t be considered areas designed for environmental,
scenic or noncommercial recreation purposes and shall be pedestrian-friendly and
aesthetically appealing. Green space may only include the following: lawns, mulch,
decorative plantings, nonprohibited exotic trees, walkways within the interior of the
green space area not used for shopping, fountains, manmade watercourses (but not water
retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any
other similar items that the planning services director deems appropriate. Green space
:,ha!! must include: walkways within the interior of the green space area not used for
shopping, a minimum of one foot of park bench per 1,000 square feet of building area~
and a minimum of one tree or palm equivalent for each 250 square feet of green space
area. The green space area sba!! must use existing trees where possible and landscaping
~1,. ,.-.11
credits will be allowed as governed by table 2.4.4. The green space areas ...... must be
located in areas that are in close proximity to the retail shopping area. Benches may also
be located in interior landscaped areas and 75 percent of benches may be located adjacent
to the building envelope along paths, walkways and within arcades or malls. ..
2.4.5.5. Landscaping required for Division 2. 8 buildings over 20, 000 square feet.
~ Landscc. pi~g. The following requirements, ,,,;+u ,~,
P .......... r ........ e,.-,, will be counted toward the required greenspace and open space
requirements of division 2.4. of this Code.
1_:.2.
Ee, girmin g ............ ^_ ,T .... ..... ~ , ..,..,nnn~ , "* "--~- "~'"~""+:-'r ....... ~,, tTr e es in v ehicular use
areas must be a minimum of 14 to 16 feet height with a six- to eimht-foot
spread and a three- to four-inch caliner and must have a clear trunk area to
a height of six feet.
The first row of landscar~e islands located closest to the buildine fi'ont and
sides must be landscaned with trees, r~alms, shrubs and m'oundcovers and
must have a clear trunk area to a hei~-.ht of seven feet (see !l!us~ar.'cn 17
(~'D ADT-TT(~ TT"NTA'~'ATT AOT '~. Tll..~,t-.-~+,;t...,*a I '"/
Isl~nds
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003
LDC PAGE(S): LDC2:156
LDC SECTION: 2.4.6.6.
CHANGE: Restate more clearly the landscape requirements for building foundation
plantings. Move building foundation landscape requirements fi.om Division 2.8.3.7.3.
"Architectural and Site Design Standards and Guidelines for Commercial Buildings and
Projects" into Division 2.4 "Landscaping and Buffering". Per BCC Section 2.4.6.7. has
been added, which requires taller trees adjacent to taller buildings.
REASON: Landscape regulations have been removed fi.om the architectural section of
the code. Section 2.4.6.7. has been added to help minimize the impact of tall buildings.
FISCAL & OPERATIONAL IMPACTS: Taller trees will cost two to three times
more than usual. In addition, taller trees will require more landscape buffer width than
we typically provide in a 10 to 15' wide buffer. Associated land costs are approximately
$20 per square foot.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.6.6. BuiMing l~crimc:cr_£oundation planting ~t~,;~-.
areas.~, ........ 6o. All shopping
center, retail, office, apartments, condominiums, clubhouses and similar uses ska!! must
provide building pefimete~ foundation plantings in the amount of 100 square feet per
1,0,,,~ square .... ten percent of proposed building ground level floor area. These planting
areas shal! must be located adjacent to the primary public building entrance(s) and/or
primary street elevation and sba!! must consist of landscape areas, raised planters or
planter boxes that are a minimum of five-feet wide. These areas must be landscaped with
trees and/or palms in the amount of one tree or palm equivalent per 250 square feet;
shrubs and ground covers other than grass. Water management areas r, ha!! must not be a
part of this 6-ve-fooCplanting area. Parking lot islands will not count towards this
requirement.
ORIGIN: Community Development & Environmental Services Division
AUTItOR: Nancy L. Siemion, Landscape Architect
I)EPARTMENT: Planning Services
AMENDMENT CYCLE # OR BATE: LDC Cycle II, 2003
LI)C PAGE(S): LDC2:157
LDC SECTION: 2.4.7.2.
CHANGE: Shorten the time period from 90 to 60 days for an unoccupied business site
to come into compliance with minimum landscape code.
REASON: To bring vacant/defunct properties into minimum landscape code
compliance more quickly.
FISCAL & OPERATIONAL IMPACTS: None.
RELATEI) CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.7.2.
Applicability. The buffering and screening shown in table 2.4 shall
be required under this section and shall apply to all new
development. Existing landscaping which does not comply with
the provisions of this section shall be brought into conformity to
the maximum extent possible when: the vehicular use area is
altered or expanded except for restriping of lots/drives, the
building square footage is changed, or there has been a
discontinuance of use for a period of 90 60 consecutive days or
more and a request for an occupational license to resume business
is made.
(Ord. No. 96-66, § 3.D.; Ord. No. 00-92, § 3.B.)
2.4.6.7.
Building foundation planting requirements_for non industrial tall
buildings ~reater than 3 stories or 35_feet in height; and/or Division 2.8
buildings ,,:~..a;~ ;_,~..~,~;~ r~_,; .... ;~- c~rrldor~) with a_footprint
greamr than 20, 000 square_feet and/or parMng garage st~ctures. Note:
buildings sub/ect to the requirements qf this section are not sub/ect to the
requirements of the previo~ section 2.4. 6. 6.
(a) The minimum width of building foundation planting areas must be
measured from the base of the building and must relate to the adjacent'
building's wall height as herein defined as follows:
,4d[acent Building's Wall Height:
Building height wall less than 35 feet
Building wall height between 35 feet
and 50 feet.
Building wall height greater than 50
feet.
Foundation Planting Width (contiguous
around perimeter qf buildin~) :
10 feet
15 feet
20 feet.
Co) Trees required by this section must be of an installed size relating to
the adiacent building's wall height, as defined below:
Building's Wall Tree Height Tree Canopy Palm
Height (feet) (feet) Spread (feet) Height
(feet)
35 to 50 14 to 16 7 16
greater than 50 16 to 18 8 20
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE tt OR DATE: LDC Cycle II, 2003
LDC PAGE(S): LDC2:158
LDC SECTION: 2.4.7.3.
CHANGE:
Restate a requirement in 2.4.7.3 Item 2 to more clearly describe
encroachment of water management areas into landscape buffer areas.
Also, LDC Section 2.4.7.3.1. has been relocated from Division 2.8.
REASON:
Requirement originally stated in 2.4.7.3. Item 2 is not stated clearly and has
been restated. The newly created LDC Section 2.4.7.3.1. is a landscape
requirement that is relocated from Division 2.8. "Architectural and Site
Design Standards and Guidelines for Commercial Buildings and Projects".
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.7.3. Standards. Unless otherwise noted, all standards outlined in section 2.4.4 s~a!!
apply. Trees and shrubs r, ha!! must be installed at the height specified in section 2.4.4.2.
Water management systems, which shag must. include retention and detention
areas, swales, and subsurface installations, ~ are permitted within a required
buffer provided they are consistent with accepted engineering and landscaping
practice and the following criteria:
1. Water management systems shall must not exceed 50 percent of the square
' ' footage of any required side, rear, or front yard landscape buffer.
2. Water management systems sba!! must not exceed, at any location within the
required side, rear, or front yard landscape buffer, 70 percent of the required
buffer width. A minimum five-foot wide 10:1 level planting area shall be
maintained where trees and hedges are required.
3. Exceptions to these standards may be granted on a case-by-case basis,
evaluated on the following criteria:
Water management systems, in the form of dry retention, may
utilize an area greater than 50 percent of the buffer when existing
native vegetation is retained at natural grade.
For lots of record 10,000 square feet or less in size, water management
areas may utilize an area greater than 50 percent of the required side
and rear yard buffers. A level planting area of at least three feet in
width sba!! must be provided in these buffers.
Sidewalks and other impervious areas :hall must not occupy any part of a
required Alternative A, B, C, or D type buffer, except when:
an
Driveways and sidewalks are constructed perpendicular to the
buffer and provide direct access to the parcel.
Parallel meandering sidewalks occupy the buffer and its width is
increased by the equivalent sidewalk width.
A required 15-20 foot wide buffer is reduced to a minimum often
feet wide and is increased by the five to ten foot equivalent width
elsewhere along that buffer.
2.4.7.3.1 ~ Natural and manmade bodies of water including retention areas
~-'~'-'-".,.6r ..... '*;~ ~,. ~,,.~ f~* .,.;~ ;'~'idth~ for all developments sub/ect to Division 2.8.
1. Confi..truration of water mana£ement areas. The shane of a manmade
body of water, including retention and detention areas, :ha!! must be
desiened to apt>ear natural with curvilinear edges. See "Body of Water
Shapes" figure below. An alternative design may be aooroved as a part of
the design of the building, if the design of the water management area is
related to the architectural desi.__~ of the building:.
2. Water management areas within the front yards. Narrow and steep
water management areas are vrohibited within the front yards that lie
between the primary facades of a buildin~ and a oublic and private street.
These narrow and stem water manaeement areas are defined as 12 feet or
less in width with maximum slor~e of 4 to 1,
3. Reauired amenities. The followin~ standards armlv to detention and
retention areas exceedine twelve feet in width. All bodies of water.
including wet~,,,,.~'~ ,,,'~-', retention areas exceedin~ 20.000 sauare feet. and
which are located adjacent to a public rieht-of-wav, shall must incoroorate
into overall design of the ~roiect at least two of the followin~ items:
ha. A walkway 5 feet wide and a minimum of 200 feet lon~. with
trees of an averaee of 50 feet on center and with shaded benches, a
minimum of 6 feet in lenmh or tficnic tables with one located every
S~c. Partially shaded ~laza/courtvard. a minimum of 200 Sauare
feet in area. with benches and/or rficnic tables adjacent to the
water-body, or retention areas.
o
o.-I
50
I I I I I
loo
10'
DO TH~S -~
0
o-J
DON'T DO THZ$-~
1oo
BODY OF
WATER
SHAPE5
ORIGIN:
Community Development and Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC Cycle II, 2003
LDC PAGE: LDC2:161
LDC SECTION: 2.4.7.4.
CHANGE: Remove shared/reduced landscape buffers, in commercial outparcels and restore
original code language.
REASON: Since this language was adopted a few years ago, the minimum landscape buffer
width has been reduced by 50%. Experience has shown that the required trees cannot fit in a
narrower buffer.
FISCAL & OPERATIONAL IMPACTS: An additional 2.5' strip of landscape buffer would
add an additional 1% to the average outparcel land cost. This is based upon an average outparcel
land cost of approximately $958,320 per acre. The 2.5' landscape buffer would cost $10,175 or
1% of $ 958,320.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY
LAND USE CLASSIFICATIONS
~ld_~en~ro ~rties
District
1. - B B B B B A A A A D A - A
Agric
ulture
(A')
2. A A B B B B B C B * D B - C
Resid
ential
(E,
RSF)
singl
e-
famil
Y
3. A B A N A B B B B * D B - C
Resid
ential
(Pm
F-6,
-12,
-16)
multi
famil
Y
4. A B A A B B A ,B B * D B - B
Resid
ential
touris
t
(RT)
5. A A B B A B B B B * D B B
Villa
ge
resid
ential
(VR)
6. A B B B B A B B B * D B B B
Mobi
le
home
7.'-7'---- '~'--~'-~"~ '~-'-'~-B A ~ -A * D B '~-- B
Corn
merci
al3, ~
5 (C-
1, C-
l/T,
C-2,
C-3,
C-4,
c-5);
Busin
ess
Park
8. A C B B B B A Az A * D B B B
Indus
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9. A B B B B B A A A .D B - C
Publi
C use
corn
muni
facilit
(CF),
Golf
Cour
se
Club
house
Ame
Cente
r
10. * * * * * * * * * * D * * *
Plann
ed
unit
devel
opme
nt
11. D D D D D D D D D D - B D
Vehi
cular
fights
way
12. B B B B B B B B B B B A B C
Golf
cours
maint
enanc
build
lng
13. - ..... B - C
Golf
cours
14. A C C B B B B B C * D C C D
Auto
mobi
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servi
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statio
n
The letter listed under "Adjacent Properties District" shag--be i__s the landscape buffer and
screening alternative required. The "-" symbol shall represent that no buffer is required.
The PUD district buffer, due to a variety of differing land uses, is indicated by the "*"
symbol, and :ka!! must be based on the landscape buffer and screening of the district or
use with the most similar types, densities and intensities of use. Where a conflict exists
between the buffering requirements and the yard requirements of this Code, the yard
requirements of the subject zoning district shall apply.
~Buffering in agriculture (A) districts shall be applicable at the time of site
development plan (SDP) submittal.
2Industrial (I) zoned property, where abutting industrial (I) zoned property, shall
be required to install a minimum five-foot-wide type A landscape buffer adjacent
to the side and rear property lines. This area shall not be used for water
management. In addition, trees may be reduced to 50 feet on center along rear and
side perimeter buffers only. This reduction in buffer width shall not apply to
buffers adjacent to vehicular rights-of-way or nonindustrial zoned property.
3Buffer areas between commercial outparcels located within a shopping center
may have a shared buffer 10' 15 feet wide with each adjacent property
contributing 7.5 feet. This does not apply to right-of-way buffers.
(i)
(ii)
(iii)
(ix')
SRefer to section 2.6.28 for automobile service station landscape requirements.
GRAPHIC UNAVAILABLE: Fig. 4-Displaced commercial interior lot line landscaping
(Ord. No. 96-66, § 3.D.; Ord. No. 97-26, § 3.C.; Ord. No. 98-63, § 3.B.; Ord. No. 00-8, § 3.D.;
Ord. No. 00,43, § 3.D.; Ord. No. 00-92, § 3.B.)
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Nancy L. Siemion, Landscape Architect
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle II, 2003
LDC PAGE(S): LDC2:162
LDC SECTION: 2.4.7.5.
CHANGE: Incorporate the "Golden Gate Community Roadways Beautification Master
Plan" into the Land Development Code.
REASON: It has been bought to our attention that this was directed by the Board of '
Collier County Commissioners in 1997. The "Golden Gate Community Roadways
Beautification Master Plan" will ensure that the development adjacent to the roadways is
consistent with the master plan.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
Amend the LDC as follows:
2.4.7.5.
-Collier County Streetscape Master Plan" and the "Golden Gate Communit~
Roadways Beautification Master Plan." Street corridors identified in "Collier
Naplescape 99': County Streetscape Master Plan" and the "Golden Gate
Community Roadways Beautification Master Plan", including areas within the
right-of-way and on required buffers adjacent to the right-of-way, shall adhere to
the requirements of the "Collier Nap!escape 90': County Streetscape Master
Plan" and the "Golden Gate Community Roadways Beautification Master
Plan".
Notwithstanding the above, for required landscape buffers adjacent to any right-
of-way, the requirements of the "Collier County ~ Streetscape
Master Plan" and the "Golden Gate Community Roadways Beautification
Master Plan" shall apply at the time of issuance of any related subsequent
development order including construction plans attendant to the approval of a
final plat and or a final site development plan. Where the application of said
~ Master Plan standards and requirements is questioned, an official
interpretation of the planning services director pursuant to section 1.6.1 of the
Collier County Land Development Code may be requested. Further, the
interpretation of the planning services director may be appealed to the board of
zoning appeals as prescribed by section 1.6.6 of the Land Development Code.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Patrick G. White, Assistant County Attorney
DEPARTMENT: County Attorney's Office.
AMENDMENT CYCLE # OR DATE: 2003, Cycle 2
LDC PAGE(S): Supplement 13:LDC2:174-75 & LDC2:179
LDC SECTION: 2.5.5.2.9. & 2.5.7.
CHANGE: Allow barber pole signs that otherwise meet requirements for permitted on-
premises signs to be considered as a new class of special purpose sign which allows the
pole of a barber pole sign to rotate when illuminated.
REASON: Traditional barber pole signs have rotated when illuminated so customers
would be aware that the establishment would have a licensed barber on premises to
perform barber services.
FISCAL & OPERATIONAL IMPACTS: This amendment will allow certain
establishments employing licensed barbers to have a barber pole sign that rotates when
illuminated to evidence the establishment is "open."
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
Amend the LDC as follows:
Sec. 2.5.5. Permitted signs.
2.5.5.1. Signs within residential zoned districts and as applicable to residential
designated portions of PUD zoned properties.
2.5.5.1.1. Development standards.
Maximum allowable height. All signs within residential zoned districts and
as applicable to residential designated portions of PUD zoned properties
are limited to a maximum height of eight feet, or as provided within this
Code. Height shall be measured from the lowest centerline grade of the
nearest public or private R.O.W. or easement to the uppermost portion of
the sign structure.
Minimum setback. All signs within residential zoned districts and as
applicable to residentially designated portions of PUD zoned properties shall
not be located closer than ten feet from the property line, unless otherwise
noted below or as provided for in section 2.1.13 as determined by the county
for safety and operation.
2.5.5.2. Signs within non-residential districts:
2.5.5.2.5.9. Special purpose signs (on-site). Due to the unique and varied nature of the
following uses, additional signs may be required to provide the desired level of service to
the public. Special purpose signs shall be permitted as follows: ..
2.5.5.2.5.9.1. Time and temperature signs. One time and temperature sign having a
surface area not exceeding 12 square feet shall be permitted at each industrial,
commercial or other non-residentially zoned property. Such signs may be affixed to the
structure of a pole or ground sign. Such sign shall require a building permit.
2.5.5.2.5.9.2. Barber Pole signs. All traditional size (not more than 54 inches in height
and not more than 6 inches in diameter) and style barber poles which contain any
illuminated moving or rotating part may be permitted as a lawful sign if the following
and all other applicable requirements are met:
2.
3.
4.
The barber pole sign is attached to the exterior wall of an establishment
providing the services of a licensed barber;
Each such establishment (barbershop, salon, etc.) is limited to only one
barber Dole sima;
No barber pole sign may move or rotate except when the establishment is
open and providing the services of a licensed barber; and
All barber pole signs that illuminate, whether or not they rotate, otherwise
comply with sec. 2.5.5.2.5.13. for illuminated signs.
2.5.5.2.5.13. Illuminated signs. All illuminated signs shall have electrical components,
connections, and installations that conform to the National Electrical Code, and all other
applicable federal, state, and local codes and regulations. Further, lighted signs shall: be
shielded in such a manner as to produce no glare, hazard or nuisance to motorists or
occupants of adjacent properties; nor be reflective or phosphorescent; have a steady
nonfluctuating or nonundulating light source.
Sec. 2.5.7. Prohibited signs.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any
sign not expressly authorized by, or exempted from this Code. The following signs are
expressly prohibited:
2.5.7.1. Signs which are in violation of the building code or electrical code adopted by
Collier County.
2.5.7.2. Abandoned signs.
2.5.7.3. Animated or activated signs, except special purpose time and temperature signs~
and barber pole signs complying with sec. 2.5.5.2.5.9.2.
2.5.7.4. Flashing signs or electronic reader boards.
2.5.7.5.Rotating signs or displays, except barber pole signs complying with sec.
2.5.5.2.5.9.2.
ORIGIN:
AUTHOR: Russell Webb
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC2:184.14
LDC SECTION:
CHANGE:
Community Development and Environmental Services Division
REASON:
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Cycle 2, 2003
2.6.9.2.
Adding fire stations, EMS substations, ancillary fire station services and
sheriff substations to the conditional uses in the agricultural district.
There is a recognized need to provide these essential services.
None
Sec. 2.2.2.
None
Amend the LDC as follows:
2.6.9.1. Permitted uses. The following uses are allowed as permitted uses:
In every zoning district: water lines, sewer lines, gas lines, telephone lines, telephone
switching stations, cable television, electrical transmission and distribution lines,
substations, emergency power structures, sewage lift stations, water pumping
stations; essential service wells (including extraction facilities, and requisite
ancillary facilities,) and any other wells which have been or will be permitted by the
South Florida Water Management District or the Florida department of
environmental protection either prior to or subsequent to the effective date of this
ordinance, or if the respective well and/or well related facility is otherwise required
to be installed or constructed by law; in every zoning district: individual private
wells and septic tanks, and similar installations necessary for the performance of
. these services. If any proposed well is a Collier County owned well under the
permitting jurisdiction of a Florida agency, staff, early in the county's well permit
application process, shall post sign(s) at the county's proposed well site(s) and shall
provide written notice that the county has applied for a required well permit to
property owners within 300 feet of the property lines of the lots or parcels of land on
which the applied-for well is being sought by the county, including, if applicable, the
times and places of the permitting agency's scheduled public hearings;
In commercial and industrially zoned districts: other governmental facilities, as
defined by this Code, to the extent the facility or service is required by law, rule or
regulation;
In the agricultural and estate zoned districts the following govemmental facilities:
nonresidential not-for-profit child care, nonresidential education facilities, libraries,
museums, neighborhood parks, and recreational service facilities; and
d. In residentially zoned districts: neighborhood parks,.
2.6.9.2. Conditional uses. The following uses require approval pursuant to section 2.7.$:4_ as
conditional uses:
In every zoning district: electric or gas generating plants, effluent tanks, major re-
pump stations, sewage treatment plants including percolation ponds, hospitals,
hospices, water aeration or treatment plants, governmental facilities;
In reSidential, agricultural and estate zoned districts, except as otherwise specified
by section 2.6.9.1.; regional parks, community parks, safe~ ..... ~.. ~ -~-.---~-~.,c~:':+;~ and
other similar facilities;
In the residential and estates districts only (excludes the agricultural district): safety
service facilities;
In the agricultural district only (excludes the estates): fire stations, EMS substations,
sheriff substations and ancillary fire station services, such as fire training camps,
outside of the area encompassed by the Rural Lands Stewardship Area Overlay in
the Future Land Use Element, except as may be limited or prohibited by the Rural
Fringe Mixed Use District in the Future Land Use Element; and
In the agricultural district only: those safety service facilities that are defined by the
code and not specifically listed in paragraph "d." above.
ORIGIN:
AUTHOR:
DEPARTMENT:
LDC PAGE:
LDC SECTION:
CHANGE:
REASON:
Community Development & Environmental Services Division
Donald A. Schneider, Principal Planner
Planning Services
LDC2:188.1
2.6
Additions to Section 2.6.11 Fences
Move Sections 2.8.3.3.3.1. and 2.8.4.2.3.1. of Division 2.8,
Architectural and Site Design Standards, to Section 2.6.11.5. Fence
section to include fencing standards that complement the
Architectural and Site Design Standards.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGUALTIONS: None
GROWTH MANAGEMENT PLAN IMPACT:
This amendment will not have an
impact on the Growth Management
Plan.
Amend the LDC as follows:
Sec. 2.6.11. Fences.
2.6.11.1. Fences in residential districts. Fences or walls shall be allowed in all
zoning districts subject to the restrictions set forth in section[s] 2.6.11.2-
2.6.11.5.
2.6.11.2.
Residential districts. For the purposes of this section, residential districts
shall include: RSF residential single-family; RMF-6, RMF-12, and RMF-
16 residential multiple-family; RT residential tourist; VR village
residential; MH mobile home; TTRVC travel trailer-recreational vehicle
park campground; and residential increments of PUD residential planned
unit development districts. Fences and walls placed within required yards
shall be subject to the following:
2.6.11.2.1.
Fences or walls on all lots greater than one acre in area may reach a
maximum height of six feet.
2.6.11.2.2.
For non-waterfront interior lots one acre or less in area, fences or walls
may reach a maximum height of six feet for side and rear yards, but are
2.6.11.2.3.
2.6.11.2.4.
2.6.11.2.5.
2.6.11.3.
limited to four feet within the required front yard.
For waterfront lots one acre or less in area, height limits are as for non-
waterfront lots, but with the additional restriction that fences or walls
within the required rear yard are limited to four feet.
For comer lots one acre or less in area, which by definition have only front
yards and side yards, fences within required front yards are limited to four
feet in height, with the exception that any portion of a front yard fence
within the safe sight triangle described in section 3.2.8.3.22. of this Code
is restricted to three feet in height. (Two sides of this triangle extend 30
feet along the property lines from the point where the right-of-way lines
meet, and the third side is a line connecting the other two.) Fences within
required side yards may reach six feet in height.
Barbed wire, razor wire, spire tips, sharp objects, or electrically charged
fences shall be prohibited, except that the board of zoning appeals may
allow the use of barbed wire in conjunction with chain link fencing for
facilities where a security hazard may exist, such as a utility substation,
sewage treatment plant, or similar use.
Agricultural districts. For the purposes of this section, agricultural districts
shall include: A agricultural; E estates; and CON conservation districts.
Fences and walls within agricultural districts shall be exempt from height
and type of construction requirements.
2,6.11,4. IndustriaiDistrictS. Fences or walls in cc::'.'..ercia! "..~nd industrial
districts not subject to Division 2.8 shall be limited to eight feet in
height.
~:2.6.11.4.1. Walls and fences required contiguous or opposite residentially
zoned districts. Whenever a nonresidential development lies
contiguous to or opposite a residentially zoned district, said
nonresidential development shall provide a masonry wall or
prefabricated concrete wall/fence. If located on a contiguous
property, the wall/fence shall be a minimum of six feet and a
maximum of eight feet in height and shall be located a minimum of
six feet fi.om the residentially zoned district. If on a property
°PPosite a residentially zoned district but fronting on a local street,
or the properties are separated by a platted alley, the wall/fence
shall be located a minimum of three feet from the rear of the right-
of-way landscape buffer line and shall be four feet in height. On
properties which front on more than one street, a six-foot high
wall/fence shall be required along the street which is opposite the..
primary ingress and egress point of the project along the street
frontage which is adjacent to the rear of the project.
At the applicants' request, the Planning services director may
determine that a masonry wall/fence is not wan'anted, particularly
where the local street lies contiguous to the rear of a residence or
some other physical separation exists between the residential
development and the nonresidential development, or for other good
cause including the existence of a wall on an adjacent residential
development. The applicant shall demonstrate that the intent of this
section can be effectively accomplished, without constructing a
wall, by submitting for the approval an alternative design, and a
descriptive narrative through the administrative variance process
set forth in subsection 2.6.11.5.7. of this Code. The planning
services director will review the submitted documents for
consistency with the intent of this section and, if the administrative
variance is approved the fact of the approval and basis for it shall
be stated in the site development plan approval letter.
Vegetative plantings shall be located extemal to the wall/fence
such that 50 percent of the wall/fence is screened within one year
of the installation of said vegetative material. An irrigation system
shall be installed to insure the continued viability of the vegetative
screen.
These regulations shall not be construed to require a masonry
wall/fence for commercial development fronting on an arterial or
collector roadway where the opposite side of such roadway is
zoned residential or to be otherwise inconsistent with the
provisions of section 2.8.2 of this Code.
A wall/fence shall be constructed following site plan approval but
prior to any vertical construction or any other type of improvement
resulting from the issuance of a building permit. Special
circumstances may warrant constructing the wall/fence in phases
depending upon the location of affected residential areas and after
2.6.11.5.
2.6.11.5.1.
2.6.11.5.2.
vertical construction commences.
All districts. Whenever a property owner elects to erect a chain link fence
pursuant to the provisions of section 2.6.11 adjacent to an arterial/collector
road in the urban coastal area said fence shall not be located nearer than
three feet to the right-of-way/property line, and said fence shall be
screened fi.om view by planting a vegetative hedge a minimum of 30
inches in height at planting spaced at a distance that will achieve an
opacity rating of 80 percent within one year of planting. An irrigation
system shall be installed to insure the continued viability of the vegetative
hedge as a visual screen of the chain link fence. This regulation shall not .
apply to single family homes.
Structures sub/ect to Division 2.8 Architectural & Site Design
Standards shall comply with the_following additional_fencing
standards:
ao
Chain link and wood fences are prohibited forward of the
primary faCade and must be a minimum of 100 feet from a
public right-of-way. Chain link and wood fencing facing a
public or private street shall be screened with an irrigated
hedge planted directly in front of the fence on the street
side. Plant material shall be a minimum of 3 gallon in size
and planted no more than 3 feet on center at time of
installation. This plant material shall be maintained at no
less than three-quarters of the height of the adiacent fence
(See Illustration 6.1).
bo
Fences forward of the primary faq:ade, excluding chain link
and wood are permitted under the following conditions:
(1) Fences shall not exceed 4 feet in height.
(2)
The fence provides either an open view at a
minimum of 25 percent of its length or provides
variation in its height for a minimum of 15 percent
of its length with a deviation of at least 12 inches.
(3) The fence style must complement building style
through material, color and design.
(INCLUDE ILLUSTRATION 6.1)
All fences and walls shall be of sound construction and shall not detract
from the public health, safety and welfare of the general public.
All fences and walls shall be maintained in a manner that will not detract
2.6.11.5.3.
2.6.11.5.4.
2.6.11.5.5.
2.6.11.5.6.
2.6.11.5.7.
2.6.11.5.8.
2.6.11.6.
2.6.11.6:1.
2.6.11.6.2.
from the neighborhood or community.
Barbed wire is authorized within agricultural, commemial and industrial
districts. Razor or concertina wire is not permitted except in the case of an
institution whose purpose it is to incarcerate individuals, i.e., a jail or
penitentiary, or by appeal to the board of zoning appeals.
No fence or wall within any district shall block the view of passing
motorists or pedestrians so as to constitute a hazard.
Fences and walls shall be constructed of conventional building materials
such as, but not limited to concrete block, brick, wood, decorative iron or
steel, and chain link.
Fences and walls shall be constructed to present the finished side of the
fence or wall to the adjoining lot or any abutting right-of-way. Where due
to the presence of an existing fence or wall or continuous landscape hedge
on the adjoining parcel, this provision may be administratively waived
where said request has been requested in writing.
When determined to be beneficial to the health, safety, and welfare of the
public, the planning services director may approve an administrative
variance fi.om height limitations of fences and walls in all districts
provided that at least one health, safety, or welfare standard peculiar to the
property is identified, and that such approval does not set an unwanted
precedent by addressing a generic problem more properly corrected by an
amendment to this Code.
Existing ground levels shall not be altered for the purpose of increasing
the height of a proposed wall or fence except as provided for within
section 2.6.11.5.7 and division 2.4.
Fence height measurement for all districts. The height of a fence or wall
located outside of the building line shall be measured from the ground
level at the fence location. However, if the development services director
determines that ground levels have been altered so as to provide for a
higher fence, the development services director shall determine the ground
level for the purposes of measuring the fence height. In determining
whether the ground level has been altered for the purposes of increasing
the height of the fence, the development services director may consider,
but is not limited to consideration of, the following facts:
General ground elevation of the entire lot.
In the case of a lot with varying ground elevations, the average elevation
over the length of the fence, and at points in the vicinity of the fence.
2.6.11.6.3.
The ground elevation on both sides of the fence. In measuring the fence
height, the ground elevation on the side of the fence location that is at the
lowest elevation shall be used as a point fi.om which the fence height is to
be measured.
2.6.11.6.4. Fences or walls shall be permitted principal uses; however a fence or wall
shall not, in any way, constitute a use or structure, which permits, requires
and/or provides for any accessory uses and/or structures.
(Ord. No. 92-73, § 2; Ord. No. 94-27, § 3; Ord. No. 99-46, § 3.D.; Ord. No. 00-92, §
3.D.; Ord. No. 02-3, § 3.E.)
ORIGIN:
Community Development & Environmental Services Division
AUTHOR:
Linda Bedtelyon, Community Planning Coordinator
DEPARTMENT: Administration
LDC PAGE:
LDC 2:238
LDC SECTION:
CHANGE:
2.7.2.3.5
To clarify advertising requirements for the Neighborhood
Information Meeting (NIM) relative to the time that the
advertisement appears in a newspaper of general circulation and to
allow flexibility to the time requirement for conducting the
Neighborhood Information Meeting (NIM).
REASON:
The existing LDC requirement for a NIM advertisement specifies
that the display advertisement must appear at least seven days prior
to the NIM. The code should also address the timeliness of the
advertisement ensuring that the advertisement does not appear
sooner than ten days prior to, but at least seven days prior to, the
NIM.
The existing LDC requirement for the NIM specifies that the
applicant requesting a zoning change must conduct at least one
public informational meeting within 30 days of receipt of County
staff's initial review comments on the application. Typical reviews
may involve up to 17 staff reports. If one or two reviews remain
pending for any length of time, the petitioner is unnecessarily
delayed fi:om holding the NIM. The change will allow the
Planning Services manager the discretion to determine that if the
majority of the staff reviews have been returned, the applicant may
hold the NIM.
FISCAL & OPERATIONAL IMPACTS:
None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
2.7.2.3.5. Public participation requirements for rezonings, PUD amendments,
conditional uses, variances or parking exemptions.
Applicants requesting a rezoning, PUD amendment, or conditional use
...... ~..r..~ Neighborhood
approval ~-~" must conduct at least one
Informational Meeting ('~') after initial staff review and comment of
the application and before the Public Hearing is scheduled with the
Planning Commission. The appropriate number of staff reviews of the
application returned before the NIM can be held, will be at the discretion
of the current planning manager, only in cases where one or two pending
reviews are unnecessarily hindering the applicant from presenting the
Written notice of the meeting shall be sent to all property owners who
are required to receive legal notification from the county pursuant to
section 2.7.2.3.2. Notification shall also be sent to property owners,
condominium and civic associations whose members are impacted by the
proposed land use changes and who have formally requested the county
to be notified. A list of such organizations shall must be provided and
maintained by the county, but the applicant :,ha!! must bear the
responsibility of insuring that all parties are notified. A copy of the list of
all parties noticed as required above, and the date, time, and location of
the meeting, shall must be furnished to the planning services department
and the office of the board of county commissioners no less than ten
days prior to the scheduled date of the public informational meeting. The
applicant shall must make arrangements for the location of the meeting.
The location she',sir must be reasonably convenient to those property
owners who are required to receive notice and the facilities z. ha!! must be
of sufficient size to accommodate expected attendance. The applicant
shall must further cause a display advertisement, one-fourth page, in type
no smaller than -1-8 12 point and shall must not be placed in that portion
of the newspaper where legal notices and classified advertisements
appear stating the purpose, location, ~nd time of the meeting, and
legible site location map of the property for which the zoning change is
being requested. The advertisement is to be placed within a newspaper of
general circulation in the county at least seven days prior to, but not
sooner than ten days before, the public neighborhood informational
meeting. The Collier County staff planner assigned to attend the pre-
application meeting, or designee, :ha!! must also attend the public
informational meeting and shall serve as the facilitator of the meeting,
however, the applicant is expected to make a presentation of how it
intends to develop the subject property. The applicant is required to
audio or video tape the proceedings of the meeting and to provide a copy
of same to the planning services department.
As a result of mandated meetings with the public, any commitments
made by the applicant must be reduced to writing and made a part of the
record of the proceedings provided to the planning services department.
These written commitments will be made a part of the staff report to the
county's appropriate review and approval bodies and made a part of the
consideration for inclusion in the conditions of approval of any
applicable development approval order.
Any applicant requesting variance approval or parking exemption
approval r, ha!! must provide documentation to the planning services
department indicating that property owners within 150 feet of the subject
site have been advised of the extent and nature of the variance or parking
exemption requested within 30 days of receipt of a letter indicating that
pro~e."t>
Where it has been determined that there is a property owner, functioning
condominium or civic association who has made formal request of the
county to be notified, then the applicant must provide written
documentation to the planning services department indicating that such
property owner or organization has also been notified concerning the
extent and nature of the variance or parking exemption requested. The
applicant must provide a written account of the result of such noticing
and shall submit any and all written communications to the planning
services department. A list of property owners, homeowner or
condominium associations notified and any other written
communications must be submitted to the planning services department
at least two weeks prior to the scheduled date of the first advertised
public hearing.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stan Chrzanowski, P.E.
DEPARTMENT: Engineering Review Services
AMENDMENT CYCLE # OR DATE: 2003, cycle 2
LDC PAGE(S): LDC2:247
LDC SECTION: 2.7.3.6
CHANGE: Add the requirement that all PUD yearly monitoring reports henceforth
submitted to Collier County Planning Department must be in the form of an affidavit.
REASON: PUD monitoring reports presently submitted are being prepared by personnel
who lack legal accountability.
FISCAL & OPERATIONAL IMPACTS: This amendment will force some Developers
to hire planners, licensed engineers, or other agents to update their yearly monitoring
reports. Cost will be a function of the complexity of the project. This change will result
in Collier County CDES spending less time verifying the veracity of claims made on
monitoring reports due to the fact that the reports will have to meet the form of an
affidavit.
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
Amend
2.7.3.6.
the LDC as follows:
Monitoring requirements. In order to ensure and verify that approved project
densities or intensities of land will not be exceeded and that development
commitments will be fulfilled, annual monitoring reports shall must be
submitted by the developer/owner or authorized agent of a PUD to the
development services director. The monitoring report shall must be in the form
of an affidavit and be executed by the property owner(s) or their authorized
agent and be submitted annually, on each anniversary of the date said PUD was
approved by the board until the PUD is completely constructed and all
commitments in the PUD document/master plan are met. The monitoring report
shag must provide the following information:
1. Name of project.
2. Name of owner, developer.
3. Number of units, by residential type; square footage and acreage of
recreational facilities, commercial and other permitted uses; infrastructure
and/or other uses which are complete of [or] for which a valid permit has been
issued, but which have not been completed.
4. Up-to-date PUD master plan showing infrastructure, projects/developments,
plats, parcels and other pertinent information.
5. Traffic counts for all access points to the major highway network.
6. Copies of all required monitoring reports completed in the past year (i.e.,
traffic, wellfield, etc.).
7. Up-to-date PUD document which includes all approved amendments.
8. Status of commitments in PUD document.
9. Other information as may be required by the development services director.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: David Weeks, AICP, Chief Planner
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: Cycle 2 for 2003 (prepared May 1, 2003)
LDC PAGE: LDC2:254.1 - 257 (Supp. No. 12)
LDC SECTION: 2.7.7. Affordable housing density bonus
CHANGE: Eliminate provision for Affordable Housing Density Bonus Agreement independent
of a rezone or PUD rezone petition, except where now allowed within the Rural Lands
Stewardship Area Overlay; reflect that the base density and density bonuses are applicable to
most, but not all, of the coastal urban area; reflect densities and density bonus for the Immokalee
urban area; and, clarify density bonuses/reductions/maximums allowed in the coastal urban area.
REASON: Submittal of an independent Affordable Housing Density Bonus Agreement is only
applicable to properties in jeopardy of down-zoning pursuant to the zoning reevaluation program;
it is a means by which the zoning could be retained, not down-zoned. That program was
completed several years ago so there are no longer applicable properties. Clarification is needed,
that the base density and density bonuses - components of the density rating system - do not
apply to the entire coastal urban area. For example, the Urban Residential Fringe Subdistrict is
limited to a maximum density of 1.5 DU/A and is not subject to any density bonuses; and, some
future land use districts and subdistricts in the coastal urban area do not allow residential uses
(other than caretakers unit), such as the Urban Industrial District. Clarification is needed that the
base density and density bonuses for the Immokalee urban area are different than for the coastal
urban area. Need to recognize the ability to obtain affordable housing density bonus in
conjunction with a Stewardship Receiving Area application (for towns, villages, hamlets and
compact rural developments) within the Rural Lands Stewardship Area Overlay. Finally,
clarification/correction is needed as to the density maximums/bonuses/reductions allowed in the
coastal urban area.
FISCAL & OPERATIONAL IMPACTS: There will be no fiscal or operational impacts as
result of this amendment.
RELATED CODES OR REGULATIONS: The Future Land Use Element of the Growth
Management Plan (Affordable Housing Density Bonus in the Density Rating System, and Rural
Lands Stewardship Area Overlay); and, the Immokalee Area Master Plan (Residential
Designation).
GROWTH MANAGEMENT PLAN IMPACT: None. The Affordable Housing Density
Bonus provided for in the Future Land Use Element and Immokalee Area Master Plan will
continue to be available via the rezone process.
Amend the LDC as follows:
Sec. 2.7.7. Affordable housing density bonus.
2.7.7.2.
Affordable housing density bonus program.
2.7.7.2.1.
Overview. Within most of the coastal urban designated areas identified on the future
land use map of the growth management plan, a base density of four residential
dwelling units per gross acre is permitted. However, the base density may be adjusted
depending on the characteristics of the development. One characteristic of a housing
development which would allow the addition of density bonuses in order to increase
the density over the base density is the provision of affordable housing in the
development. The provision of affordable housing units may add up to eight dwelling
units per gross acre to the base density of four residential dwelling units per gross
acre, for a total of 12 residential dwelling units per gross acre, plus any other density
bonuses available, and minus any density reduction for traffic congestion er ce. ar. ia!
mlmag~m~'~t-area required, pursuant to the growth management plan_. ~ The total
eligible density must not to exceed a total of 16 dwelling units per gross acre, except
as allowed through use of transfer of development rights, as provided for in the
growth management plan.
Within most of the Immokalee Urban area, as identified on the Immokalee area
master plan future land use map of the growth management plan, base densities are
four or six or eight residential dwelling units per gross acre. However, the base
density may be adjusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density
bonuses is the provision of affordable housing in the development. The provision of
affordable housing units may add up to eight dwelling units per gross acre to the base
density of four, six or eight residential dwelling units per gross acre, for a total of
twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other
density bonuses available. The total eligible density must not exceed a total of 16
dwelling units per gross acre.
Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as
identified on the future land use map of the growth management plan, towns, villages,
hamlets and compact rural developments are allowed at a density range of one-half to
four dwelling units per gross acre. The allowed density may be adiusted depending
on the characteristics of the development. One characteristic of a housing
development that would allow the addition of density bonuses is the provision of
affordable housing in the development. The provision of affordable housing units
may add up to eight dwelling units per gross acre to the allowed density of one-half to
four dwelling units per gross acre, for a total of eight and one-half to twelve and one-
half residential dwelling units per gross acre, plus any other density bonuses available.
2.7.7.2.3.
2.7.7.2.4.
2.7.7.2.6.
2.7.7.2.7.
Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the development services director.
If the proposed development is to include affordable housing, the housing and urban
improvement director :ha!! must participate in the preapplication conference. The
preapplication conference provides an opportunity to familiarize the applicant with
the AHDB program and provides an opportunity for the county staff to obtain a clear
understanding of the proposed development. The AHDB rating system, the AHDB
monitoring program, the limitations, criteria, procedures, standard conditions,
standard forms, and other information will be discussed and made available to the
applicant. Depending on the type of development proposed, the application may.~
· ~ c~.-.~ ~c ~ be combined witl~, an application for a planned unit development
(PUD), a rezone, or a~.A.~ ~._.~un~' ..~ .... · ~'-'r--~'-'~ ..... * a~eement a Stewardship Receiving Area.
Application. An application for AHDB for a development s~a!l must be submitted to
the development services director in the form established by the development services
director. One additional copy of the application as otherwise required r.~a!! must be
provided for the housing and urban improvement director. The application
must, at a minimum, include:
2.-5.
6.
Zoning districts proposed by the applicant,-if-may;, on the property and acreage
of each;
Whether the AHDB is requested in conjunction with an application for a
planned unit development (PUD), an application for rezoning, or an
application for a Stewardship Receiving Area or
Any other information which would reasonably be needed to address the
request for AHDB for the development pursuant to the requirements set forth
in this section.
Review and recommendation by the housing and urban improvement director. After
receipt of a completed application for AHDB, the housing and urban improvement
director shall must review and evaluate the application in light of the AHDB rating
system, the AHDB monitoring program and the requirements of this division, ~_n~,
~.. The housing and urban improvement director :~a!! must coordinate-a
r-~zom~-with the development services director, an~ to schedule the AHDB application
with the companion application for rezoning, planned unit development or
stewardship receiving area, and c.~al! must recommend to the planning commission
and the board of county commissioners to deny, grant, or grant with conditions, the
AHDB application. The recommendation of the housing and urban improvement
...... must include a report in support of his recommendation.
director ~' ~n
Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written recommendation
and report of the housing and urban improvement director, the planning commission
s~a!! must schedule and hold a properly advertised and duly noticed public hearing on
2.7.7.2.8.
4
the application. If the application has been submitted in conjunction with an
application for a PUD, then the hearing :k-2! must be consolidated and made a part of
the public hearing on the application for the PUD before the planning commission,
and the planning commission shah must consider the application for AHDB in
conjunction with the application for the PUD. If the application has been submitted
in conjunction with an application for a rezoning, then the hearing :ha!! must be
consolidated and made a part of the public hearing on the application for rezoning
before the planning commission, and the planning commission shall must consider
the application for AHDB in conjunction with the application for rezoning. If the
application has been submitted in conjunction with an application for a stewardship
receiving area, then the hearing must be consolidated and made a part of the public
hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application for AHDB
in coniunction with the application for stewardship receiving area. Ln the event that
close of the public hearing, the planning commission shall must review and evaluate
the application in light of the requirements of this division and the requirements for a
rezoning, PUD rezoning, or stewardship receiving area, as applicable, and shall must
recommend to the board of county commissioners that the application be denied,
r,, - --"'"antea or ~ ..,o,'an*e,~ with,,,,,,.,,.,,.o~'--~;*;'--o.
Review and determination by board of county commissioners. Upon receipt by the
board of county commissioners of the application for AHDB and the written
recommendation and report of the housing and urban improvement director and
recommendation of the planning commission, the board of county commissioners
shall must schedule and hold a properly advertised and duly noticed public hearing on
the application. If the application has been submitted in conjunction with an
application for a planned unit development (PUD), then the hearing shall must be
consolidated and made a part of the public hearing on the application for the planned
unit development (PUD) before the board of county commissioners, and the board of
county commissioners shall must consider the application for AHDB in conjunction
with the application for the planned unit development (PUD). If the application has
been submitted in conjunction with an application for a rezoning, then the hearing
shall must be consolidated and made a part of the public hearing on the application
for rezoning before the board of county commissioners, and the board of county
commissioners shall must consider the application for AHDB in conjunction with the
application for rezoning. If the application has been submitted in conjunction with an
application for a stewardship receiving area, then the hearing must be consolidated
and made a part of the public hearing on the application for stewardship receiving
area before the board of county commissioners, and the board of county
commissioners must consider the application for AHDB in coniunction with the
appli ti fo d hip i i g
ca on r stewar s recevn area ...................
close of the public hearing, the board of county commissioners shat! must review and
evaluate the application in light of the requirements of this division and the
requirements for a rezoning, and sba!! must. deny, grant, or grant with conditions, the
application in accordance with the AHDB rating system and the AHDB monitoring
program
~1 .... A 1...;+ .-1 .... 1 ..... + ~----1,;,..,-.,,1-,;^. .th~. +T,.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Russ Muller
DEPARTMENT: Engineering
AMENDMENT CYCLE # OR DATE: Cycle 2, 2003
LDC PAGE(S): 3:53
LDC SECTION: 3.2.8.4.16.21
CHANGE: Add a separation requirement for the garage to the back of the sidewalk.
REASON: The distance from the back of a sidewalk to the garage door should
accommodate a parked vehicle without encroaching into the sidewalk. Common practice
is to park in the driveway far enough from the garage to allow room to walk between the
garage and the parked car. It is also necessary to allow space for a clear zone for the
sidewalk user. Several site visits and measurements were taken to determine that a
minimum of 23 feet is required. The primary concern is safety, but there are many
reasons why sidewalk parking is unacceptable.
Safety and health
Sidewalk parking can force pedestrians into traffic.
Vehicles on sidewalks make it difficult to see children as they attempt to
circumvent obstructions.
The weight of cars parked on sidewalks can cause breaks or separations in the concrete
creating trip hazards and uneven walking surfaces.
Oil from cars parked on sidewalks create slippery areas on the concrete.
Even partially blocked sidewalks are difficult to navigate for the visually impaired.
Walking should be encouraged to promote health.
Legal aspects
Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified
places states no person shall stop, stand, or park a vehicle on a sidewalk.
Financial aspects
Collier County risks an ADA lawsuit.
Sidewalk maintenance responsibilities lie with the County, homeowner associations or
property owners. Cars parked on sidewalks damage pavement.
Supporting Organizations
Community Traffic Safety Team
Pathways Advisory Committee to the MPO.
FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA
lawsuits and the maintenance costs.
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
Amend the LDC as follows:
3.2.8.4. I. 16. Streets. The street layout of all subdivisions or developments shall be
coordinated with the street systems of the surrounding areas. Adjacent properties shall
be provided with local street interconnections unless topography, other natural
features or other ordinances/regulations do not allow or require said connections. All
arterial or collector streets shall be planned to conform to the Collier County
comprehensive plan. Collector and arterial streets within a development shall not
have individual residential driveway connections. Their location and right-of-way
cross section must be reviewed and approved by the county transportation services
division during the preliminary subdivision plat review process. All subdivisions shall
provide rights-of-way in conformance with the comprehensive plan and the right-of-
way cross section contained in appendix B. All streets shall be designed and
constructed to provide for optimum vehicular and pedestrian safety, long service life
and low cost of maintenance.
Street access. Every subdivision or development shall have legal and adequate
access to a street dedicated for public use and which has been accepted for
maintenance by or dedicated to the State of Florida or Collier County, as
described in LDC, section 3.2.8.3.1. When a subdivision or development does
not immediately adjoin such a street, the applicant shall provide access to the
development fi.om a dedicated street in accordance with these regulations and
provide legal documentation that access is available to the project site. All lots
within a subdivision or development shall be provided legal access to a street
dedicated for public use.
Adjoining or proposed adjoining street systems. The arrangement of streets in
subdivisions or developments may be required to make provision for the
continuation of existing or proposed collector or arterial streets to and fi.om
adjoining properties, whether developed or undeveloped, and for their proper
projection to ensure a coordinated and integrated street system per requirements
of the growth management plan, this Code or other ordinances and regulations.
Where a subdivision or development abuts an existing or proposed public arterial
or collector street, buffering shall be required per division 2.4.
Local streets. Use of local streets by cut through traffic shall be discouraged,
using methods (like traffic calming) that do not compromise connectivity or
reduce the number of access points to the subdivision.
Traffic analysis. If the proposed land development or subdivision will generate
traffic volumes in excess of 1,000 ADT (average daily trips) or 100 vehicles per
hour, peak hour/peak season, whichever is more restrictive, then a traffic
analysis, prepared by a professional engineer, shall be provided by the developer.
The analysis shall show the impact on the proposed internal streets of the
subdivision or development and existing externally affected streets. The analysis
shall be used to determine the street classification, width and number of traffic
lanes internal to the development and any requirements for off-site (external)
improvements on the existing street system per the Collier County growth
management plan.
Street right-of-way width. The minimum right-of-way widths to be utilized shall
be as follows and, where applicable, shall be clarified by the cross sections
contained in appendix B. and will be directly related to traffic volume as
indicated in the definition of each street continued herein and where applicable
clarified by the cross sections contained in appendix B. Private street right-of-
way widths and design may be determined on a case-by-case basis in accordance
with section 3.2.7.2.
Street Type (feet)
All Streets
Cul-de-sac 60
Local 60
Minor collector 80
Minor collector 80-- 100
(divided)
Major collector or
minor arterial*
As determined for
median and tam
lanes
R/W Width* Number of
Lane Width (feet)
lanes
2 10
2 10
2 11--12
2 11--12
4 11--12
Note: Any rural cross sections approved may require expanded right-of-way
widths for additional shoulder and swale facilities. Design to be approved on a
case-by-case basis.
*If an alley is utilized, the right-of-way width may be reduced upon approval of
the transportation services administrator.
Dead-end streets. Dead-end streets shall be prohibited except when designed as a
cul-de-sac. When a street is designed to be extended when the adjacent property
is developed, a temporary cul-de-sac and right-of-way shall be designed. Culs-
de-sac in excess of 1,000 feet shall not be permitted unless existing
topographical conditions or other natural features preclude a street layout to
avoid longer culs-de-sac. When conflicts occur between the design standards of
this division and Collier County Ordinance [No.] 86-54, the County Fire
Protection Code, or its successor ordinance [see Code ch. 58, art. III], the
standards of this division shall take precedence.
Culs-de-sac shall have a minimum 40-foot pavement radius (to back of valley
gutter) and 60-foot right-of-way radius. If islands are to be installed within a cul-
de-sac, they shall have a minimum 45-foot outside edge of pavement and an
inside edge of pavement radius of no greater than 25 feet (See Figure 4 below).
Graphic Unavailable (Figure 4)
Curbs/valley gutter. All streets shall be provided with valley gutter or curbs to
provide for drainage. Curbs shall be required at street intersections and for those
areas requiring additional vehicular protection. All required intersection curbs
shall extend ten feet beyond the radius.
Intersection radii. Street intersections shall be provided with a minimum of a 25-
foot radius (edge of pavement) for local or cul-de-sac streets and 40-foot radius
for collector, arterial and commercial/industrial streets. If two local or cul-de-sac
streets intersect at less than 90 degrees, a radius of greater than 30 feet may be
required. Intersection right-of-way lines shall be provided with no less than a 25-
foot radius, or as approved by the community development and environmental
services administrator.
All intersections shall be provided with ramps where sidewalks are required.
Intersections and street jogs. Wherever feasible, streets shall be arranged so as to
intersect at right angles. Two streets shall not intersect at an angle less than 60
degrees. When an intersection occurs on a curve, it should be made radially at
the point of intersection, with a minimum 75-foot tangent measured from
intersecting centerlines. All local cross streets or stop streets should provide a
minimum 50-foot tangent measured from intersecting centerline. Any proposed
deviation to the tangent requirements must be supported by design calculations
submitted by the applicant's professional engineer. The calculations must be
based on the roadway speed limit and the Florida Department of Transportation
"Green Book" standards for degree of curvature. Streets classified higher than
'local shall be provided with appropriately larger tangents, supported by design
calculations.
10.
Street jogs, at intersections, shall be prohibited. In no case shall intersections be
located closer than 100 feet apart, as measured between closest right-of-way lines.
The use of the 100-foot intersection separation criteria shall be used only when a
traffic impact analysis indicated that neither intersection will require turn lanes or
signalization.
Intersections of more than two streets shall be subject to the approval of the
community development and environmental services administrator.
Reverse curves. Tangents shall be provided for all streets, between reverse
curves, according to the following, unless otherwise approved by the community
development and environmental services division administrator pursuant to
section 3.2.7.2.
Street Classification
Cul-de-sac
Local
Minor collector/commercial/industrial
All other streets
Tangent (Minimum)
(feet)
25
50
75
100
11.
12.
Construction in muck or clay areas. The design of street proposed in excessive
muck areas shall be considered on an individual basis and may, where so
directed by the development services director, require the use of under drains.
Alternate methods of construction may be considered by the development
services director based on a design study, containing soil testing data, and
recommendations prepared by a geotechnical engineer licensed to practice in the
State of Florida and supported by the applicant's professional engineer.
Materials. Streets shall include a stabilized subgrade, base and wearing surface
in accordance with standards designated by the development services director
and as shown in the typical sections.
Subgrade and shoulders. All subgrade and shoulders shall be stabilized
to a depth of 12 inches and to the full width as shown on the typical
section drawing. The stabilized area shall be free of muck, roots and
other objectionable material. The subgrade and shoulders shall be
stabilized and compacted to obtain the minimum limerock bearing ratio
(LBR) of 40 LBR and at least 98 percent of maximum density as
determined by AASHTO T180. If the bearing value of the natural soil is
less than that specified, the subgrade and shoulders shall be stabilized in
accordance with section 160 of the Florida Department of
Transportation Standard Specifications for Road and Bridge
Construction (latest edition thereof). The construction of the subgrade
and shoulders shall generally conform to sections 160-8 and 160-9 of
the Florida Department of Transportation Standard Specifications for
Road and Bridge Construction (latest edition thereof).
Base. The base shall be compacted limerock constructed to the thickness
specified in the typical section drawing for the class and type of road to
be constructed, and shall be built to the specified width and centered on
the subgrade. Limerock used for the base shall meet the standard
specifications for grade no. 2 limerock and shall be compacted to obtain
at least 98 percent maximum density as determined by AASHTO T180.
Construction and materials of the base shall conform to sections 200 and
911 of Florida Department of Transportation Standard Specifications for
Road and Bridge Construction (latest edition thereof). Altemate base
courses that meet FDOT specifications may be considered and approved
by the development services director.
Prime. The base shall be primed with type RC-70 bituminous material
of SS-1 (asphalt emulsion) and shall comply with section 270-2 of the
standard Florida department of transportation specifications.
Surface course. The surface course thickness and width shall be as
specified in the typical section drawings. The processing of the mixture
and construction of the surface course shall comply with sections 320,
330 and 332 of the standard Florida department of transportation
specifications.
Grass. All areas within the right-of-way not receiving the surface course
shall receive seed, fertilizer and mulch in accordance with sections 570,
981,982 and 983 of the standard Florida department of transportation
specifications. Where sod is specified by the development services
director for erosion control, it shall be installed prior to preliminary
acceptance of the roadway.
Maintenance. The applicant shall be responsible for maintenance of the
roads for the period between preliminary and final acceptance as
specified herein. This includes workmanship, materials, and all repairs
and maintenance.
Testing. The applicant shall have the subgrade and shoulders tested for
compaction and limerock bearing ratio (LBR) at intervals set forth in the
latest edition of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction or as directed by the
development services director. The subgrade and base shall be tested for
compaction by a certified engineering testing laboratory. Prior to
acceptance by the county, a copy of the test results along with a
statement of compliance issued by the testing laboratory, shall be
furnished to the development services director.
13.
14.
15.
16.
Inspection. During construction, a field inspection shall be made by the
development services director. It is the applicant's responsibility to
provide written notice to the development services director when
construction is ready for inspection.
Signs. The developer shall provide and install traffic control signs, street
name and speed limit signs. All signs shall be of noncorrosive, reflective
material construction or of a type approved by the development services
director.
One double-sided street name sign of standard design as prescribed by
current county standards shall be provided at each intersection for each
named street unless otherwise approved by the development services
director pursuant to section 3.2.7.2. A street sign shall be placed at a
point eight feet from the edge of pavement on a radial line that bisects
the intersection radius curve unless otherwise approved by the
development services director pursuant to section 3.2.7.2. All signs shall
be designated on the construction plans prior to their approval by the
development services director.
Pavement striping. All work shall be in accordance with section 711 of
the Florida Department of Transportation Standard Specifications for
Road and Bridge Construction (latest edition thereof).
Alternative types of pavement, base and subgrade. Alternate types of pavement,
base and subgrade determined by the development services director and/or the
transportation services administrator to be equivalent to those specified in this
division may be approved. Application for such approval shall be accompanied
by written data, calculations and analysis which show, by generally accepted
engineering principles, that the alternate types are equal or superior to those
specified.
Street grades. Street grades shall be determined in relation to the drainage
facilities for the subdivision and shall not exceed four percent nor be less than
0.3 percent, unless otherwise approved by the development services director
pursuant to section 3.2.7.2. Street grades shall be shown on the development
plans by direction and percent of fall on the road profiles.
Swales. Swales shall not be permitted within the right-of-way in lieu of curbs or
valley gutters unless the provision for a rural section specified in section 3.2.8.3,
Required improvements, is justified. Swales may be permitted to convey rear
yard drainage and to collect street drainage.
Marginal access streets. Where a subdivision or development abuts or contains
existing limited access highway, freeway or arterial street, and if access is
17.
18.
19.
20.
21.
desired to adjoining property other than street connections, a marginal access
street to afford separation of through and local traffic may be required by the
development services director.
Half streets. Half or partial streets shall not be permitted except where essential
to the reasonable development of a property in conformance with the circulation
plan, comprehensive plan or these regulations and where, in addition, dedication
of the remaining part of the required street right-of-way is provided. Whenever a
property to be developed borders on an existing half or partial street, the other
part of the street shall be required to be dedicated and constructed within such
property. A proposed development or subdivision that adjoins or includes an
existing street which does not conform to the minimum right-of-way
requirements of these regulations shall provide for the dedication of additional
right-of-way along either one or both sides of said street so that the minimum
right-of-way requirements of these regulations shall be established.
Limited access strips. Limited access strips controlling access to streets on
adjacent parcels shall be prohibited except where approved by the development
services director pursuant to section 3.2.7.2.
Clearance and height. At least 17 feet of nominal clearance shall be provided
over the full width of public streets, private streets, fire lanes, and other means of
vehicular access. Overhead public utilities may require a greater height and will
be evaluated on a case by case basis.
Pavement samples. The developer shall provide core samples of both the base
course and surface course of the completed public and private roadways prior to
preliminary approval. The core samples shall be taken at a maximum of 300 feet
intervals and arrangements shall be made to immediately replace the areas so
removed with materials and construction to conform to the specifications and to
the line and grade of the immediate surroundings' pavement surface. The core
samples shall be taken by an approved testing laboratory and/or professional
engineer and certified as to location and thickness measured.
A tolerance of one-quarter inch for pavement surface and one-half inch for base
course may be accepted. Any deviations more than these tolerances will result in
withholding preliminary acceptance until such time that the pavement is brought
up to county standards.
Sidewalk parking. The distance from the back of the sidewalk to the garage door
must be 23 feet to allow room to park a vehicle on the driveway without parking
over the sidewalk. Should the garage be side-loaded there must be a 23-foot
'paved area on a perpendicular plane to the garage door or plans must ensure that
parked vehicles will not interfere with pedestrian traffic.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Russ Muller
DEPARTMENT: Engineering
AMENDMENT CYCLE # OR DATE: Cycle 2, 2003
LDC PAGE(S): 3:75
LDC SECTION: 3.3.7.1.9.
CHANGE: Add a separation requirement for the garage to the back of the sidewalk.
REASON: The distance from the back of the sidewalk to the garage door needs to
accommodate a parked vehicle without encroaching into the sidewalk. Common practice
is to park in the driveway far enough from the garage to both feel comfortable and/or to
allow a passenger room to walk between the garage and the parked car. It is also'
necessary to allow a couple of feet for a clear zone for the sidewalk user. Several site
visits and measurements were taken to determine that a minimum of 23 feet is required.
The primary concern is safety, but there are many reasons why sidewalk parking is
unacceptable.
Safety and health
Sidewalk parking can force pedestrians into traffic.
Vehicles on sidewalks make it difficult to see children as they attempt to
circumvent obstructions.
The weight of cars parked on sidewalks can cause breaks or separations in the concrete
creating trip hazards and uneven walking surfaces.
Oil from cars parked on sidewalks create slippery areas on the concrete.
Even partially blocked sidewalks are difficult to navigate for the visually impaired.
Walking should be encouraged to promote health.
Legal aspects
Florida Statutes Chapter 316.1945 Stopping, standing, or parking prohibited in specified
places states no person shall stop, stand, or park a vehicle on a sidewalk.
Financial aspects
Collier County risks an ADA lawsuit.
Sidewalk maintenance responsibilities lie with the County, homeowner associations or
property owners. Cars parked on sidewalks damage pavement.
Supporting Organizations
Community Traffic Safety Team
Pathways Advisory Committee to the iMPO.
FISCAL & OPERATIONAL IMPACTS: As stated above the County risks ADA
lawsuits and the maintenance costs.
RELATED CODES OR REGULATIONS: none
GROWTH MANAGEMENT PLAN IMPACT: none
Amend the LDC as follows:
3.3.7.1.9.
Infrastructure improvements plans. Detailed on-site and off-site infrastructure
improvement plans and construction documents prepared in conformance with
the design standards of division 3.2 and any current county ordinances,
regulations, policies and procedures which consist of, but are not limited to,
the following items:
1. A cover sheet setting forth the development name, applicant name, name
of engineering firm, and vicinity map.
Improvements for water and sewer service as needed or as may have
been specified during a preliminary site development plan review
prepared in conformance with Collier County Ordinance No. 88-76, as
amended.
Improvements for roadway, motor vehicle and non-motorized circulation,
ingress and egress, parking and other transportation needs, including
traffic calming devices, required or as may have been specified during
the preliminary site development plan review, prepared in conformance
with section 3.2.8.4 subdivision design requirements (for purposes of this
requirement, all references in section 3.2.8.4 to "subdivision" should be
read to mean development, where applicable and appropriate).
Non-motorized circulation is defined as movement by persons on foot,
bicycle or other human-powered device. Non-motorized circulation
depicting sidewalks and bicycle facilities consistent with sections 2.8.3.4.
and 3.2.8.
The absence of obstructions in the public right-of-way shall be
demonstrated, including provisions for safe and convenient street
crossing. Sidewalks and bike paths at intersections shall continue to the
edge of curb as depicted by Illustrations 1 and 2.
GRAPHIC LINK (not available): Illustration 1
Two curb ramps shall be provided for sidewalks and bike paths at each
street comer of an intersection. Curb ramps shall be a minimum of 36
inches in width and shall not rise at a ratio greater than as outlined by the
Florida accessibility code for building construction.
GRAPHIC LINK (not available): Illustration 2
Crosswalks shall be required at any intersection where the distance to the
nearest crosswalk is greater than 1,000 feet.
Improvements for water management purposes as needed or as may have
been specified during the preliminary site development plan review,
prepared in conformance with section 3.2.8.4 subdivision design
requirements (for purposes of this requirement, all references in section
3.2.8.4 to "subdivision" should be read to mean development, where
applicable and appropriate), and pursuant to South Florida Water
Management District roles, chapter 40E-4, 40E-40 and 40E-41, Florida
Administrative Code.
7-:.8. All necessary standard and special details associated with sections
3.3.6.2.9.2. through 3.3.6.2.9.6. above.
8.9. Written technical specifications for all infrastructure improvements to be
performed.
9-:.10.
Engineering design computations and reports for water, sewer, roads and
water management facilities, as required by federal, state and local laws
and regulations.
!0.11. Topographical map of the property which shall include the following:
a. Existing features, such as, watercourses, drainage ditches, lakes,
marshes.
b. Existing contours or representative ground elevations at spot
locations and a minimum of 50 feet beyond the property line.
c. Benchmark locations and elevations (NGVD).
11.12. Site clearing plan and method of vegetation disposal.
12.13. Sidewalks, bike lanes and bikepaths. For all projects required to be
developed through the site development plan (SDP) process, the
developer shall be required to construct sidewalks or bikepaths, and
bike lanes where applicable, as described below, unless otherwise
exempted from the subdivision regulations of this Code. Sidewalks or
bikepaths, and bike lanes shall be constructed contiguous to public and
private roadways which are adjacent to and internal to the site, in
conformance with the following criteria:
a. Sidewalks, six feet in width, or bikepaths seven feet in width shall
be provided on both sides of collector and medal streets.
b. Sidewalks, or bike paths, five feet in width, shall be provided on
both sides of local streets except as follows:
(1). Where a cul-de-sac or dead-end street exists within an
approved single-family residential subdivision, and where the '
developer of such subdivision was granted an exemption to the
subdivision regulations to allow a sidewalk on one side, the same
exemption shall then apply to any new abutting single-family
residential subdivision which extends the dead-end street or cul-de-
sac to no more than 1,000 feet.
c. Bike lanes shall be provided on both sides of any street classified
higher than a local street (i.e. collector, medal).
All sidewalks, bikepaths and bike lanes along public and private
roadways shall be constructed in accordance with design
specifications identified in section 3.2.8.4.14. and division 2.8 of
this Code.
eo
Alternative designs for sidewalks, bike lanes, and bikepaths in
developments adjacent to 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 criteria:
(1). A design that reflects the land use density and intensity of
the development along the street or cul-de-sac.
(2). A design that reflects the expected traffic volumes on the
street or cul-de-sac.
(3). A design that does not create a safety hazard caused by
vehicles parked across the sidewalk or directs pedestrians or
cyclists into high traffic areas.
(4). A design that does not encourage additional landscape area
due to clearing for the installation, aesthetic softening or additional
landscape, additional softening of unnatural linear concrete strips,
or similar features.
(5). A design that reflects the expected demographics of the
development, including but not limited to considerations such as
. the expected amount of school age children and active adults.
(6). A design that reflects reduced speed streets and culs-de-sac.
(7). A design that reflects the expected amount of utilization by
joggers, walkers and cyclists.
(8). A design that reflects the character of the development, i.e.,
golf course/country club community, affordable housing, private
gated communities.
(9). Criteria pursuant to the provisions of section 3.2.7.2. of this
Code.
Developments that provide an internal bikepath system, which
functions primarily for transportation purposes, not recreation, and
which connects with existing public bicycle paths or bike lanes
may be exempt from the sidewalk/bikepath requirement. The
county's transportation services division administrator may grant
such an exemption if the alternative system functionally operates
equal to the standards of the county bikeway system, interconnects
with the existing or proposed county bikeway system and will be
perpetually open to the public.
Developments providing interconnections to existing and future
developments pursuant to the density rating system section of the
Collier County growth management plan future land use element,
shall include sufficient right-of-way to accommodate the roadway,
sidewalks, bike lanes or bikepaths, and bike lanes, where required.
Bikepaths, bike lanes and sidewalks shall be constructed
concurrently with the roadway interconnection.
Where planned right-of-way improvements scheduled in the
county's capital improvements program (CIP) would cause the
removal of any sidewalks/bikepaths or bike lanes required by this
Code within two fiscal years following the fiscal year in which the
first building permit for the project is issued, the developer, in lieu
of construction of the required sidewalks/bikepaths and bike lanes,
shall provide funds for the cost of sidewalk/bikepath and bike lane
construction and deposit the same into a fund approved by the
transportation services director, or his designee, for future
construction of required sidewalks/bikepaths and bike lanes, by the
county.
-1-~.14. Completion of site development plans. Upon completion of the
infrastructure improvements associated with a site development plan,
and prior to the issuance of a certificate of occupancy, the engineer
shall provide a completion certificate as to the improvements, together
[with] all applicable items referenced in section 3.2.6.5.3 of this Code.
Upon a satisfactory inspection of the improvements, a certificate of
occupancy may then be issued.
15. Sidewalk parking. The distance from the back of the sidewalk to the
garage door must be 23 feet to allow room to park a vehicle on the
driveway without parking over the sidewalk. Should the garage be side-
loaded there must be a 23-foot paved area on a perpendicular plane to
the garage door or plans must ensure that parked vehicles will not
interfere with pedestrian traffic.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Cheryl Sorer, Senior Planner
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle 2, 2003
LDC PAGE(S): LDC6
LDC SECTION: 6.3
CHANGE: Add definitions.
REASON: There are certain references to educational institutions in the Code that
necessitate these definitions.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 2.4.3.1.
GROWTH MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Ancillary plant: The building, site and site improvements necessary to provide such
facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings
necessary to provide support services to an educational program.
Educational Facilities: The buildings and equipment, structures, and special educational
use areas that are built, installed, or established to serve primarily the educational
purposes and secondarily the social and recreational purposes of the community and
which may lawfully be used as authorized by the Florida Statutes and approved by the
Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational
program of each plant.
ORIGIN:
AUTHOR: Russell Webb
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDC6
LDC SECTION: Definitions section
CHANGE:
REASON:
clearly defined.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
Community Development and Environmental Services Division
Cycle 2, 2003
Adding definitions for fire stations and ancillary fire station services.
These uses are being added to the essential services section and need to be
None
2.6.9.1. and 2.6.9.2.
None
Amend the LDC as follows:
Fire station: The building(s) and site of a government establishment primarily engaged in
firefighting, used to house fire trucks and other emergency vehicles, firefighting equipment and
apparatus, firefighters, and support/administrative staff.
Fire station services, ancilla~: Fire protection activities imperative to carry out the purposes of
a government establishment primarily engaged in firefighting, such as fire training camps, but
which is not required to be located at a fire station for that fire station to serve its function.
However, services designed to repair any firefighting equipment is not an ancillary fire station
service.
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Cheryl Soter, Senior Planner
DEPARTMENT: Planning Services
AMENDMENT CYCLE # OR DATE: LDC Cycle 2, 2003
LDC PAGE(S): LDC6
LDC SECTION: 6.3
CHANGE: Add definitions.
REASON: There are certain references to educational 'institutions in the Code that
necessitate these definitions.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 2.4.3.1.
GROWTIt MANAGEMENT PLAN IMPACT: None
Amend the LDC as follows:
Ancillary plant: The building, site and site improvements necessary to provide such
facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings
necessary to provide support services to an educational program.
Educational Facilities: The buildings and equipment, structures, and special educational
use areas that are built, installed, or established to serve primarily the educational
purposes and secondarily the social and recreational purposes of the community and
which may lawfully be used as authorized by the Florida Statutes and approved by the
Collier County School Board.
Educational Plant: The educational facilities, site and site improvements necessary to
accommodate students, faculty, administrators, staff, and the activities of the educational
program of each plant.
ORIGIN: Transportation Division
AUTHOR: Tom Tomerlin
DEPARTMENT: Traffic Operations and Alternative Transportation Modes
AMENDMENT CYCLE # OR DATE:
LDC PAGE: LDCB:4-LDCB:8
LDC SECTION:
CHANGE:
REASON:
Cycle 2, 2003
Appendix B
Depict limerock base under sidewalks.
Housekeeping. See attached documents.
FISCAL & OPERATIONAL IMPACTS:
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT:
None.
3.2.8.4.14.
None
Amend the LDC as follows:
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