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Agenda 12/10/2003 S
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 10, 2003 5:05 p.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 December 10, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN 2 December 10, 2003 TO: FROM: DATE: SUBJECT: Board of County Commissioners Russell Webb, Principal Planner December 4, 2003 Land Development Code Amendments For 2003 Cycle 3 The BCC meeting will take place Wednesday, December 10th in the BCC Meeting Room, Admin. Building, County Government Center, 5:05 P.M. Enclosed are a portion of the proposed Amendments to the 2003-Cycle 3 Land Development Code that will be reviewed at this meeting. Please note that these are the Eastern Lands/Rural Fringe LDC Amendments and are a separate and distinct packet from the second set of Amendments that you will also be receiving. If you have any questions please call me at 403-2322. PLA NNING SER VICES DEPA R TMENT EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE,'RECITALS~ SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF' AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION. 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, YARD REQUIREMENTS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MIXED USE DISTRICT, INCLUDING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE- FAMILY DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE- FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VIL~LAGE RESIDENTIAL DISTRICT, INCLUDING REVISIONS TO THE MOBILE HOME DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL CONVENIENCE DISTRICT, INCLUDING REVISIONS TO THE COMMERCIAL INTERMEDIATE DISTRICT, INCLUDING REVISIONS TO THE GENERAL COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE HEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THE INDUSTRIAL ZONING DISTRICT, INCLUDING REVISIONS TO THE CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT, ADDING THE NORTH BELLE MEADE OVERLAY DISTRICT, ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LOADING REQUIREMENTS; DIVISION 2.4, REVISIONS TO LANDSCAPING AND BUFFERING; DIVISION 2.5, SIGNS, INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GORUND SIGN REQUIREMENTS; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO HEIGHT LIMITS, INCLUDING ESSENTIAL SERVICES, INCLUDING REVISIONS TO BOATHOUSE REQUIREMENTS, INCLUDING REVISIONS TO TEMPORARY USE PERMITS, INCLUDING REVISIONS TO COMMUNICATION TOWERS, INCLUDING REVISIONS TO KITCHENS IN DWELLING UNITS, ADDING TRANSFER OF DEVELOPMENT RIGHTS, ADDING DENSITY BLENDING; DIVISION 2.7, ZONING ADMINISTRATION AND PROCEDURES, INCLUDING 1 DEC 1 0 2003 REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY, SUBDIVISION REVIEW PROCEDURES, PRELIMINARY SUBDIVISION PLAT, IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3, SITE DEVELOPMENT PLANS~ . INCLUDING REVISIONS TO EXEMPTIONS; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12, INCLUDING REVISIONS TO COASTAL ZONE MANAGEMENT; DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE .VARIANCE; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS,~ APPENDIX D, AIRPORT ZONING; SECTION FOUR, CONFLICT AND SE~ERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend the provisions of the Collier County Land Development Code to serve the best interest of the public. CONSIDERATIONS: This is the first of two public hearings required by Statute for amending the Collier County Land Development Code. Each of the amendments was presented to, and reviewed by, the Development Services Advisory Committee, the Collier County Planning Commission, and the Environmental Advisory Committee, where applicable. Recommendations of each of these bodies are included in the summary description of the LDC amendments where an advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on October 22, 2003, November 12, 2003, November 13, 2003, November 20, 2003, November 24, 2003 and December 4, 2003. Two separate summaries of the review of these amendments by these entities are provided with this Executive Summary on the first twenty-three pages of this document. FISCAL IMPACT: As noted on each individual amendment in the handout. GROWTH MANAGEMENT IMPACT: 2 AGENDA ITEM DEC 1 0.2003 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: /S'USAN MURRA~R CURRENT PLANNING SECTION DATE APPROVED BY: TOR D~Tt~ MUNITY DEVELOPMENT & ENVIRONMENTAL SVCS. AGENDA ITEIVI DEC 1 0 2003 ORIGIN: Rural Fringe GMP Amendments Establishing Rural Fringe AUTHORS: Nancy Linnan, Esquire, Carlton.Fiel. ds ~ Marti Chumbler, Esquire, Carlton Fields. Robert Mulhere, AICP, RWA, Inc. William Lorenz, P.E. Stan Litsinger, AICP Other Members of County Staff DEPARTMENT: Consultants to Collier County and Collier County staff from Environmental Services and from Planning. LDC PAGE(S): Various as identified on Table of Contents LDC SECTION: Various as identified on Table of Contents, including: TAB B: TAB C: TAB D: TAB E: TAB F: TAB G: TAB H: TAB I: TAB& TAB K: TAB L: TAB M.. TAB N: Creation of Section 2.2.2~A. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT); Amendments to Section 2.2.17 CONSERVATION DISTRICT; Creation of Section 2.2.27. RLSA DISTRICT: NEW DEFINITIONS,. DESIGN STANDARDS, & BASELINE STANDARDS. Creation of Section 2.2.30 NRPA OVERLAY; Creation of Section 2.2.3'1 NBM OVERLAY; Amendments to Section 2.6.9 ESSENTIAL SERVICES; Amendments to Section 2.6.35 COMMUNICATIONS TOWERS; Amendments to Section 3.5.11 LITTORAL SHELF PLANTING AREA; Amendments to Section 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS; Creation of Section 2.6.40 DENSITY BLENDING; Amendments to Section 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS); Amendments to Section 3.9.VEGETATION REMOVAL, PROTECTION AND PRESERVATION; Amendments to Section DIVISION3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; Amendments to DIVISIONS 6.3 DEFINITIONS CHANGE: Amendments to the LDC in Order to implement the Rural Lands Assessments based Goals, Objectives and Policies. REASON: Required by BCC Adoption Rural Lands Assessments based Goals, Objectives and Policies (and as a result of their being effective). FISCAL & OPERATIONAL IMPACTS: Approval of these amendments will have no fiscal or operational impact on the county. From the private property owner per: pective however, these amendments will provide for the implementation of the Rural A ;sess~ I-~ DEC 1 0 2003 based comprehensive plan goals, objectives and policies, allowing property owners to ' , move forward with development activities as authorized. For the most part, this area has been subject to a lpuilding moratorium for the, pas, t 3 plus yeffs. By adopting these implementing land development regulations (LDRs) the County will be creating a process whereby development consistent with these provisions can once again resume. RELATED CODES OR REGULATIONS:. None. GROWTH MANAGEMENT PLAN IMPACT: These LDCamendments will provide for the implementation for the Rural Fringe Comprehensive Plan Goals Polices and Objectives. DEC 1 0 2003 TAB A TAB B TABLE OF CONTENTS RFMU DISTRICT CONSERVATION DISTRICT TAB C RLSA DISTRICT · DESIGN STANDARDS · BASELINE STANDARDS' TAB D NRPA OVERLAY TAB E TAB G NBMO ESSENTIAL SERVICES COMMUNICATIONS TOWERS TAB H LITTORAL SHELF PLANTING AREA TAB I TDRS TAB J DENSITY BLENDING TAB K EIS TAB L TAB M TAB N VEGETATION RETENTION, ETC LISTED SPECIES PROTECTION ABBREVIATIONS & DEFINITIONS TA[~53 i 098.7 AC~ENDA ITF. IO OEC1 0 2003 TAB A 2.2.2~A. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2½.1 PURPOSE AND SCOPE A. APPLICABILITY B. EXEMPTONS 2.2.2.½.2 RFMU RECEIVING LANDS A. OUTSIDE RURAL VILLAGES 1. NBMO EXEMPTION 2. MAXIMUM DENSITY , , a. BASE DENSITY b. ADDITIONAL DENSITY 0) TD] S (a) CLUSTERING REQUIRED Co) MINIMUM,PROJECT SIZE (c) EMERGENCY PREPAREDNESS TA I.~531098.7 (2) ADDITIONAL DENSITY 3. ALLOWABLE USES a. USES PERMITTED AS OF RIGHT b. ACCESSORY USESTM c. CONDITIONAL USES~' 4. DESIGN' STANDARDS a. FOR DEVELOPMENT NOT CLUSTERED (1) MINIMUM LOT AREA (2) MINIMUM LOT WIDTH (3) ' MINIMUM YARD REQUIREMENTS b. FOR CLUSTERED DEVELOPMENT (1) LOT AREAS AND WIDTHS (a) SINGLE-FAMILY Co) MULTI-FAMILY (2) MINIMUM YARD REQUIREMENTS (a) SINGLE FAMILY Co) MULTI-FAMILY (3) HEIGHT LIMITATIONS (a) PRINCIPAL STRUCTURES Co) ACCESSORY STRUCTURES (4) MINIMUM FLOOR SPACE e. PARKING . f. LANDSCAPING g. SIGNS 5. NATIVE VEGETATION RETENTION 6. USABLE OPEN SPACE RURAL VILLAGES 1. ALLOWABLE USES 2. MIX OF NEIG~OOD TYPES DEC 10 2003 Bw Ce 6. 7. 8. ALLO'CATION OF LAND USES ACREAGE LIMITATIONS b. DENSITY a. BASE DENSITY b. MINIMUM DENSITY c. MAXIMUM DENSITY OTHER DESIGN STANDARDS ' , a. TRANSPORTATION SYSTEM b. LOCATIONAL RESTRICTIONS ¢. SIZE d. ADDITIONAL VILLAGE CRITERIA NATIVE VEGETATION GREENBELT OPEN SPACE PROCESS FOR APPROVAL OF A RURAL VILLAGE a. EIS b. DEMONSTRATION OF FISCAL NEUTRALITY NEUTRAL LANDS ALLOWABLE USES 1. USES PERMITTED AS OF RIGHT 2. ACCESSORY USES 3. CONDITIONAL USES DENSITY 1. MAXIMUM GROSS DENSITY 2. RESIDENTIAL CLUSTERING DIMENSIONAL AND DESIGN STANDARDS 1. SINGLE-FAMILY DEVELOPMENT NOT UTILIZING CLUSTERING a. MINIMUM LOT AREA b. MINIMUM LOT WIDTH c. MINIMUM YARD REQUIREMENTS 2. SINGLE-FAMILY DEVELOPMENT UTILIZING CLUSTERING a. MINIMUM LOT AREA b. MAXIMUM LOT AREA c. MINIMUM LOT WIDTH d; , MAXIMUM LOT WIDTH HEIGHT LIMITATIONS FLOOR .AREA pARKING 4. 5. 6. 7. LANDSCAPING SIGNS NATIVE VEGETATION RETENTION USABLE OPEN SPACE 2.2.2½.4. RFMU SENDING LANDS TAI.~$31098.7 Ao Ce ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN' SEVERED : 1. , USES PERMITTED AS OF RIGHT 2. ACCESSORY USES ,, 3. CONDITIONAL USES ALLOWABLE USES WHERE TDR CREDITS HAVE B~EN SEVERED 1. USES PERMITTED AS OF RIGHT , 2. CONDITIONAL USES DENSITY NATIVE VEGETATION OTHER DESIGN,STANDARDS 1. LOT AREA AND WIDTH 2. PARKING 3. LANDSCAPING 4. SIGNS TAJ..,~531098.7 DEC 1 0 2 03 TAB B SECTION 2.2.17 CONSERVATION DISTRICT' 2.2.17 CONSERVATION DISTRiCT 2.2.17.1 PURPOSE AND INTENT 2.2.17.2 ALLOWABLE USES A. PERMITTED USES B. USES ACCESSORy TO PERMITTED USES C. CONDITIONAL USES 2.2.17.3 DESIGN CRITERIA A. DIMENSIONAL STANDARDS 1. MINIMUM LOT AREA 2. MINIMUM LOT WIDTH 3. MINIMUM YARD REQUIREMENTS 4. MAXIMUM HEIGHT B. MAXIMUM DENSITY AND INTENSITY 1. SINGLE FAMILY DWELLINGS AND MOBILE HoMEs 2. FAMILY CARE FACILITIES' 3. GROUP CARE FACILITIES 4. SPORTING AND RECREATIONAL CAMPS 5. STAFF HOUSING ' C. OFF-STREET PARKING D. LANDSCAPING E. SIGNS TAL~531098.7 AOEIqOA IT'EM DEC 1'0 2003 Pg- TAB C 2.2.27. RLSA DISTRICT: NEW DEFINITIONS,. DESIGN STANDARDS, & BASELINE STANDARDS , 2.2.27.2.Definitions .......................................................................................... i .................. 7 2. Context Zones ....................... t .... ; .............................. ~ ...................... ,.... .............. 8 15. Neighborhood Edge. ............................ ; ..... , .................................................... 8 16. Neighborhood General ........................................... ~ ....................................... 8 17. Neighborhood Goods and Services Zones ............................... d ..................... 8 27. Special District ....... : .................................... t .............. , ....................... ~ ............ 8 35. Town Center .......................... , .............. '..' ............................... .' ......... , ......... 8 36. Town Core ............................................... : .................................................. 9 38. Village Center .............................................. ~ .............................................. 9 2.2.27.10.SRA Designation ................................................................................................ 8 J. Design Criteria .................. ; ........................................................................ 8 / 2. Town Design Criteria ...................... , ............................................. 8 / .~. a. General DeSign Criteria .................................................. ,.8 b. Transportation NetwOrk ~ .................................................. 9 c. Open Space and Parks..: ........................................ ~ ........... 9 d. Context Zones .............. .... 2 ................................................. 9 TALg531098.7 (1) ' (2) O) (4) (5) Town Core .............................................................. 9 Town Center ..... .... ........... .. ........ ; .......................... 13 Neighborhood General ........................................ 14 Neighborhood Edge ............................................. 17 Special District ..................................................... 18 Village Design Criteria ............................................................ '....18 a. General criteria ................................................................ 18 b. Buffers .............................. , ................................................ 19 c. Transportation Network ................................................. 19 d. Open Space and Parks ..................................................... 19 e. Context Zones ................................................................... 19 (1) General ............................... .. .................................. 19 (2) Village Center ....................................................... 20 (3) Neighborhood General ........................................ 22 (4) Neighborhood Edge ............................................. 22 (5) Special District ..... . ............................................... 22 Hamlet Design Criteria ............................................................... 22 CRD Design Criteria ..................................................... a. General ............................................................... General ....................... , ...................................................... 22 Open spaces and parks .................................................... 22 Context Zones ................................................................. "22 (1) Neighborhood General ........................................ 22 (2) Neighborhood Edge ............................................. 24 DEC 1 0 2003 n. .b. Example ........................ :..: .... ~ ................................ ; .......... 25. 2.2.27.11.Baseline,Standards ...................... ,., ....... ,.., ............ ,.., .................................... 25 A. Purpose and Intent ............ ~. ...... :... ............................................... , ............ 25 B. Applicability. of Code .; ............................... '..~ ........................................... 25 C. Allowable Uses ........................................................ ' ........................... ~ ....... 25 D. Standards Applicable to FSAs, HSAs, and WRAs . ~ Within the ACSC ......................... i..,.., .................................................... 26 E. Standards AppliCable to FSAs, HSAs, and WRAs, Outside the ACSC .................................................................... ; ............ ,.26 F. Golf Course Standards .................... ;..; ........ . .......................................... 28 G. Standards Applicable in FSAs, HSAs, and WRAs that are Outside of the ACSC ...................................................... , ......................... 29 H. Standards Applicable to Wetlands Located Outside FSAs, HSAs, WRAs, and the ACSC .......................... ~ ............ 30 TAI. g531098.7 AGENDA IT~M DEC 1 0 2003 TAB D 2.2.30 NRPA OVERLAY 2.2.30.1 PURPOSE AND INTENT ................................. ~. ................................................. 2 A. NRPA OVERLAY AREAS ...............................'...'. ................... ;.., .............. 2 B. NRPA DESIGNATED AS SENDING LANDS WITHIN THE RFMU DISTRICT...~ ................................... ~ ......................... '..; .................. 2 C. DEVELOPMENT STANDARDS ................................................. '..~ ......... 3 TALg531098.7 DEC 1 0 2003 n. /? TAB E 2.2.31 NORTH BEIdLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT ............................................... ~ .............. '..~.. . .... ...........4 2.2.31.2 GENERAL LOCATION ............. i .......... ,....'. .......... ' ............................... ~ .............. 4 2.2.31.3 APPLICABILITY ................................... ......... , 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS ...................... 4 A. TRANSPORTATION .~ .............................................................................. 4 B. BUFFERING ............................................. ~ ................................................. C. GREENWAY ............................................................................ ~...~ .......... ,..5 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVIsIoNs... .......................... A. RECEIVING LANDS ........... ~ ........... .~ ............ , ......................................... B. NEUTRAL LANDS ................ , ................... ~ ............................................... 7 TAIl531098.7 DEC 1 0 2003 TAB F , , 2.6.9 ESSENTIAL SERVICES , " 2.6.9.1. PERMITTED ESSENTIAL SERVICES .................................. ~ .................... 2 A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS,. RFMU ' SENDING LANDS, NRPAS, HsAs, AND FSAS .............................. . .... 2 B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS ........ , ................... , ...................... ,., .... .. ............................. '. ........ S C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS ............................ i ..................................................... ; ............. 4 D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL AND ESTATE ZONED DISTRICTS ........... ~ ........ ~.4 E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN / AGRICULTURAL ZONED DISTRICTS .............................................. '..4 / F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN ' RESIDENTIALLY ZONED DISTRICTS ............................................... 4 2.6.9.2 coNDITIONAL USES ........................................... ,. ............................................. 4 A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS .................... ,.. .............. 4 B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS .................................................................................................. 5 C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL LANDS ........................... 5 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES ................................... , .......... ,., ....... TALg531098.7 DEC 10 2003 TAB G 2.6.35 COMMUNIC.~TIONS TOWERS. 2.6.35.1 PURPOSE AND INTENT ................................. , .............................. ~ .................. 3 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE. 2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS ....................................... , ................................ i ................. "3 A. GROUND MOUNTED TOWERS ............... ~ ..... ,.'. ......................... , .......... 3 B. BIRD DIVERTER DEVICES ....................................... , ........................... 3 C. HAB. ITAT LOSS ..................................................................... , ................... 3 D. SECURITY LIGHTING ............................................................................ 3 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE. 2~6.35.6.12. TOWER LIGHTING ................ ~ ............ , ...................................................... 4 TOWERS AND ANTENNAS EXCEEDING 150 FEET .......... '. ............. 4 TOWERS EXCEEDING 199 FEET ...... '. ................................................. 4 2.6.35.6.13 THROUGH 2.6.35.7.. NO CHANGE. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE ................................ 4 2.6.35.8.1. CO-LOCATED FACILITIES .............. , ........................................................ 4 2.6.35.8.2. NEW TOWERS OR ANTENNAS ................................................................ 5 2.6.35.8.3. SUFFICIENCY NOTICE ............................................................................... 5 2.6.35.8.4 DEFAULT APPROVAL .................................................................................. 5 2.6.35.8.5 WAIVER ............................................................................................................ 6 TAB H 3.5.11 LITTORAI~ SHELF PLANTING AREA TALg$31098.7 AGEF4DA ITEM DEC 1 0 2003 TAB I 2.6.31. TRANSFER OF DEVELOPMENT RIGHTS 2.6.36.1 PURPOSE, INTENT, AND APPLICABILITY ................................................ 1 A. PURPOSE ............................. '...~ ................ , .......... ....; ..................................... 1 B. INTENT .................................................................................................... C. APPLICABILITY ...................................................................................... 2 2.6.36.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN '" AREAS TO URBAN AREAS ............................ ~ ............... ' .................................. A 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDs: GENERAL PROVISIONS ................................. ~. ............................ ' ..................... 5 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU ,// SENDING LANDS TO NON-RFMU RECEIVING AREAS ............................ 5 / / "A, TRANSFERS TO URBAN AREAS ......................................................... 5 , B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE ...,.,...,..., .... 6 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS ..... , .............. , ....................................................................... 6 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS .................................................... 7 A. GENERAL ........................................................... · · · · · ..................................7 B. COUNTY MAINTAINED CENTRAL REGISTRY .............................. 7 TALg531098.7 AC~J~A ITI~M TAB J 2.6.40 DENSITY BLENDING . . ~ ~ .................... "': ...... ~'~': ...................................................... .2 2.6.40.1 PURPOSE ...................................... '. ............ ' ;.'.,.. ......... 2.6.40.2 CONDITIONS AND LIMITATIONS, ................. ~ ...................... , ....... :...~ ........ 2 A. PROPERTIES STRADDLING .RFMU RECEIVING ~ OR NEUTRAL LANDS .................................. , ..................... . .................... 2' B. PROPERTIES STRADDLING RFMU SENDING LANDS ............. , .... 3 C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT ........ ; ....... ~'.'. .................................... 3 TALg531098.7 DEC' I 0 2003 ~.~'~ TAB K DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)* 3.8.1 THROUGH 3.8.3.4 NO CHANGE 3.8.4 SUBMISSION AND REVIEW OF EIS ......................... '..~ .................... ;.: ............ ,..4 3.8.5 INFORMATION REQUIRED FOR APPLICATION 3.8.5.1 APPLICANT INFORMATION ............................................................. i..'. ........ .8 '' 3.8.5.2 MAPPING AND SUPPORT GRAPHICS ....... :.., ......... ; ..................................... 8 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION ............................. ~ ........................ : ........................................ 8 3!8/.5.4 NATIVE VEGETATION PRESERVATION'. ..... i ............................................. 8 '3.8.5.5 WETLANDS ................................................ , .......................................... ,..; ........... 9 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT ................................ 1'0 3.8.5.7 LISTED SPECIES ............................................................ . ................................... 10 3.8.5.8 OTHER ................................................................................................................ 10 3.8.6 ADDITIONAL DATA ........... , ...................................................................... ~ ........ 11 3.8.7 RELATION BETWEEN EIS AND DRI ............................... , ........... ; ................ 11 3.8.8 EXEMPTIONS .......................... ; ............................................................................. 11 3.8.8.1 SINGLE FAMILY OR DUPLEX USES ........................................................... 11 3.8.8.2 AGRICULTURAL USES ................................................. , ................................. 11 3.8.8.3 NON-SENSITIVE AREAS .......................................................... ~ ...................... 12 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES ........................... 12 3.8.8.5 NBMO RECEIVING LANDS ................................................... ~ ......................... 12 3.8.9 FEES ...................................................................................................................... 12 A~EI~A ITEM TAL#$31098.7 DEC 1 0 2003 TAL~531098.7 I::)EC '1'0.2003 ~:, ~ TAB L 3.9. VE }CTAT!ON REMOVAL, PROT .CTgON I;m SERVATION 3.9.1 3.9.2 TITLE AND CITATION ...: .................................. ~ .................................... i .......... 4 3.9.3 APPLICABILITY ...................................................." " ' 3.9.3.1 EXEMPTIONS AND EXCEPTIONS ......... A. NBMO EXEMPTION ............................................. , ................................. B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION .................... 5 C. AGRICULTURAL EXEMPTION ............. D. PRE-EXISTING USES ................................................................ .............. E. EXEMPT MANGROVE ALTERATION PROJECTS ........................ ~..6 3.9~4. VEGETATION PRESERVATION STANDARDS. .......................................... ,..8 / 3.9.4.1 GENERAL STANDARDS AND CRITERIA, ......................... , .......................... 8 3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS ............................ ~ .......................................................... A. REQUIRED PRESERVATION ..................................... B. EXCEPTIONS .................................. ; .... ~ .................................................... 9 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT ................................. 9 A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO .................. 9 B. NEUTRAL LANDS ................................................................................. 10 C. RFMU SENDING LANDS ...................................................................... 10 E. GENERAL EXCEPTIONS ..................................................................... 10 1. NONCONFORMING, PRE-EXISTING PARCELS .................................................................................... ,10 2. SPECIFIC COUNTY-OWNED LAND ..................................... 10 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES ................................................................... 11 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT .......................................... 11 3.9.4.5 DENSITY BONUS INCENTIVES ................................................. ~ ........ ..., ...... 11 ' 3.9.5 WETLAND PRESERVATION AND CONSERVATION .............................. 11 3.9.5.1 PURPOSE .................... .... . URBAN LANDS ....................................... I ~(~.no,~ ,TO~ 3.9.5.2 ~ ............................................. 1 ...... n~5.___ ~ I DEC 1 0 2003 TALg531098.7 A. STANDARDS .............................. . ...... , .... ; ................................................ 12 B. MITIGATION ........................................... ~ .................................... . ....... ,...13 1. MITIGATION 'REQUIREMENTS.'. ......................... x ................ 13 2. MITIGATION INCENTIVES ..... ' ........................................... ,...13 3..9.5.4 ESTATES AND RURAL -SETTLEMENT AREAS ....................................... 14 3.9.5.5 RLSA OVERLAY ............................................................................. ; .................. 14 3.9.5.6 SUBMERGED MARINE HABITATS ........... ;.2 ................................................ 14 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION .............................................. , ............................................... ]14 3.9.6.1 PURPOSE AND APPLICABILITY . ................................................................. 14 / REVgEW PROCESS ........................................................................................... 14 3.9.6.3 RFMU DISTRICT REQUIREMENTS ...... ;,..: .................................................. 14 A. OPEN SPACE REQUIREMENTS ....... '..; .............................................. 14 B. OPEN SPACE AS BUFFERS ................................................................. 15 C. CONTIGUOUS NATIVE VEGETATION ........................................... 15 D. WILDLIFE CORRIDORS ................. '. .................. .................................. 15 3.9.7 PRESERVE STANDARDS ........................................................................... 2 ..... 15 3.9.7.1 DESIGN STANDARDS ....................................................................................... 15 A. IDENTIFICATION .................................................................................. 15 B. MINIMUM DIMENSIONS ..................................................................... 15 C. PROTECTION OF WETLAND HYDROPERIODS ........................... 15 D. PROTECTIVE COVENANTS ................................................................ 16 E. CREATED PRESERVES ........................................................................ 16 1. APPLICABILITY ......................................................................... 16 2. REQUIRED PLANTING CRITERIA ........................................ 16 G. -PRESERVE'MANAGEME~ PLANS,;;: .... ,~. ....,,.&; 2, ,17 .... -I; :.-. GENERAL' MAINTENANCE.,,;,i,.;;,,,;..;;.,,..~..,..,~,~;~.,.,~,..,~.17 ' DESIGNATION OF A PRESERVE.MANAGER ..................... 18 WILDLIFE HABITAT MANAGEMENT ................................. 18 PROTECTION DURING CONSTRUCTION AND~ SIGNAGE AFTER CONSTRUCTION ..................................... 18 ALLOWABLE USES WITHIN PRESERVE AREAS ......................... 18 AGENDA I'r~d DEC 1 0 2003 3.9.8 3.9.8.1 3.9.7.2 INsPECTION.S AND MAINTENANCE ....... ...:...,,.., ............................. '. ......... 18 3.9.7.3 REQUIRED SETBACKS TO RESERVES; ................ '. ................................... 19 3.9.7.4 EXEMPTIONS ..................... L.'. .......................... '.'..~.." . .................. 19 VEGETATION .PROTECTION AND REMOVAL STANDARDS.,..,.~ ......... 19 VEGETATION PROTECTION STANDARDS ....... '...'. ................................. ~...19' A. GENERAL .................................... B. F/LLING AND CONSTRUCTION DEBRIS .., .................................... 19 C. ATTACHMENTS ............ , ................................................................ ........ 19 D. EXCAVATION ......................................................................................... 19 E. PROTECTIVE BARRIERS .................... ,., ............................................ 19 1. INSTALLATION OF PROTECTIVE BARRIERS .., ............... 19 2. DESIGNATION OF REPRESENTATIVE ........................ .... "..20 3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF PROTECTED VEGETATION ............................. ~ ............................................. 20 A. STANDARDS ........................................ ;.., ............................................... 20 B. VEGETATION RELOCATION PLAN,.,. ............................................... 21 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS ................................................ 21 A. MANAGEMENT PLAN REQUIRED.,... ............................................... 21 B. ON-SITE INSPECTIONS .............. '...' .......... 'r~ 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION ................................................................................................ ,...25 3.9.9 1 GENERAL ............................................................ ~ ..... · · ..........................................26 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN ........................................ 26 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO SINGLE-FAMILY AND TWO-FAMILY LOTS ...................................... 26 3.9.10. REQUIRED PERMITS AND NOTICES .......................................................... 27 3.9.10.1. VEGETATION REMOVAL PERMIT .......................................................... 27 A. OTHER PERMITS REQUIRED ............................................................ 27 B. APPLICATION CONTENTS ................................................................. 27 C. REVIEW PROCEDURES ........... ~ .......................................................... 28 1. ISSUANCE OF PERMIT ............................................................ 28 2. DENIAL OF PERMIT ................................................................ 28 De TAI.~531098.7 3. PERMIT FEES .................................................................... VEGETATION REMOV~J.~__PERMIT EXCEPTIONS ............... DEC 1 0 2003 ,3.9.10.2.AGRICULTURAL LAND CLEARING ..................... ~... .................................. 30 A. LAND CLEARING PERMIT ............... ~ ............................................... ;.30 1. APPLICATION .............................. ~ ............................ ~ ..... ; ........... 30 2. DETERMINATION OF COMPLETENESS ............................. 31 3. CRITERIA FOR REVIEW OF APPLICATION ...................... 32 4. ISSUANCE OF pERMIT ...................... : ...................... ~ ............... 32 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT .... 32 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT .................................................................. ; .... aa B. LAND CLEARING.NOTICE ............... ,., ......................................... ; ...... 33 3.9.11. ENFORCEMENT ............................................................ ~ ................................... 35 3.9.11.1 PENALITIES ..................................................................................................... 35 A. FINES ................................. ? ...... ~ ......................... ~ ..................................... 35 B. RESTORATION STANDARDS ............................................................ 36 / / 3.9.11.2 CORRECTIVE MEASURES ....................................~ ...................................... 37 A. MITIGATION .................................................................................. ~ ....... 37 Be C. D. E. F. REQUIREMENTS FOR A MITIGATION PLAN ................. ~ ...... .' ...... 38 SITE-SPECIFIC REVIEW CRITERIA.'. .............................................. 38 COUNTY REVIEW OF MITIGATION PLAN ................................... 39 MONITORING AND REPLANTING ................................................... 39 DONATION OF LAND OR FUNDS ..................................................... 39 3.9.12 APPEAL OF ENFORCEMENT ........................................................................ 39 3.9.13 SUSPENSION OF PERMIT REQUIREMENT ............................................... 39 TALg531098.7 A~NOA ITEM DEC ! 0 2003 TAB M DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION. ' " 3.11.1.2 PURPOSE ................................................. . .... ' .~ 3.11.1.3 APPLICABILITY AND EXEMPTIONS ............................. , ........................... 3 A. GENERAL APPLICABILITY ................ , ................................................. 3 B. EXEMPTIONS ........................................................................ ,...~ .............. 3 3.11.2 EIS AND MANAGEMENT PLANS ................... '...'. .............................................. 3 3.11.2.1 EXEMPTION FOR SINGLE FAMILY LOTS .... ........................................... 3 3.11.2.2 ElS ........................................................... ,.,: .... ~ .... , ............................. , ............... 3 3.11.2.3 MANAGEMENT PLANS ....................... ,.., ....................................................... 3 A. GENERAL REQUIREMENTS ................................................................. 3 B. REFERENCES ................ ... ~..'. . ........... 3.11.3.1 GENERAL ........................................................................................................... 4 3.11.3.2 SPECIES SPECIFIC REQUIREMENTS ........................................................ A. GOPHER TORTOISE ............................................................................... B. FLORIDA SCRUB JAY ............................................................................ 6 C. BALD EAGLE ............................................................................................ 6 D. RED-COCKADED WOODPECKER ......................................................6 E. FLORIDA BLACK BEAR ........................................................................ 7 .~ ............. F ....... ~xaEg .................................... , ............................................................ 7 3.11.3 PENALTIES ............................................................................................................ 8 DEC 1 0 2003 TAB N ~6.2 ABBREVIATIONS ............................................ ;., ................................................ 2 ElS ....................................................................................................................................... 2 NBMO .................................................... ; ..... ~..; ........................... ,.. .................... , ............... ,2 NRPA ........................................................................................................................... , ...... 2 RFMU .......................................... ,... ......................................................................... '..'. ......... 2 RLSA eel,eeeeeeeee,eelleel®eee,eelleeeeseseeeeeeeeeoeeee eeeelleeeeoeeeeeeeeee eeeeeeeee,elleeleeeeeeeeeee el · · , , eeeeeeeeeeeeee®eeeeeeeeeee~e2 TDR ............................................................................................................... i ..................... 2 6.3 DEFINITIONS ....................................................................................................... 2 ADVERSE IMPACTS ................................................... ~ ................................................... Z BONUS CREDIT ................................................. , ............... ~ CLUSTER DEVELOPMENT .......................................................................................... 3 CON DISTRICT ................................................................................................................ 3 DENSITY BLENDING ..................................................................................................... 3 DEVELOPMENT AND PRODUCTION, OIL AND GAS FIELD ............................... 3 ENVIRONMENTAL IMPACT STATEMENT ............................... i .............................. 4 ESSENTIAL SERVICES ........................................................................................... , .... ;,4 EXPLORATION, OIL AND GAS ............................................. ,.~ .................................... 4 FLOWWAY ............................................ , ....................................... , ................................... 5 GREENBELT ................................... ~ ................................................................................. 5 HOUSING, AFFORDABLE ............................................................................................. 5 HOUSING, WORKFORCE .................................................................. ............................ 5 NATIVE VEGETATION ........................................................................... ' ............. TALgS~ 1098.7 DEC'I 0 2003 NATURAL RESERVATION ...................................... ,..: .... , ............................................ 6, NATURAL WATER,BODY ......................... '..,; ..... ,.~.,.. ...................................... 6 NEIGHBORHOOD CENTER ......................................................................... ,.., ............. 7 NEUTRAL LANDS ................................................................ :..., ................................ : ..... 7 OIL EXTRACTION AND RELATED PROCESSING ......... , ....................................... 7 OPEN SPACE ......................................................................................................... , .......... 7 OPEN SPACE, COMMON ................................................................................. ~ .............. 7 OPEN SPACE, USABLE .......................................................................................... RFMU DISTRICT ............................................................................................................. 8 RFMU RECEIVING LANDS ................................... RFMU SENDING LANDS ................................................................................................ 8 RURAL VILLAGE ................................. '.... '..~ ........................ TDR CREDIT ....................................................................... TRANSFER OF DEVELOPMENT RIGHTS ................................................................ 9 VEGETATION, CATEGORY I INVASIVE EXOTIC ................................................. 9 VEGETATION, CATEGORY II INVASIVE EXOTIC ................................................ 9 VEGETATION, EXOTIC ................................................................................................. 9 VEGETATION, NATURILIZED .................................................................................. 10 VEGETATION, PROHIBITED EXOTIC .................................................................... 10 VILLAGE CENTER ...................................................................................................... 10 WETLANDS .......................................................................................................... DEC 1 0 2003 10 ' ' WETLAND FUNCTION ...................... ; ..................... ~ ................................................... ,. l/ / TAL~531098.7 AGENDA I'l"~Elvl No,, DEC ! 0 20[13 TAB A SECTION 2.2.2½ 12/1/2003' DRAFT RURAL FRINGE MIXED USE DISTRICT TALg531097.11 AO.~A'IT~" No._.._.__._...._ DEC1 0 2003 12/1/03 DRAFT 2.2.2H. RURAL FRINGE MIXED-USE DISTRICT (RFMU D, ISTRICT) 2.2.2H.1 PURPOSE AND SCOPE A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT B. EXEMPTONS , 2.2.2. H.2 RFMU RECEIVING LANDS A. OUTSIDE RURAL VILLAGES 1. NBMO EXEMPTION , 2. MAXIMUM DENSITY / a. BASE DENSITY '~ b. ADDITIONAL DENSITY (1) TDRS . (a) CLUSTERING REQUIRED (b) MINIMUM PROJECT SIZE (c) EMERGENCY PREPAREDNESS (2) ADDITIONAL DENSITY 3. ALLOWABLE USES a. USES PERMITTED AS OF RIGHT b. ACCESSORY USES c. CONDITIONAL USES 4. DESIGN STANDARDS a. FOR DEVELOPMENT NOT CLUSTERED (1) MINIMUM LOT AREA (2) MINIMUM LOT WIDTH (3) MINIMUM YARD REQU/REMENTS b. FOR CLUSTERED DEVELOPMENT (1) LOT AREAS AND WIDTHS (a) SINGLE-FAMILY (b) MULTI-FAMILY (2) MIN~~.~ARD REQUIREMENTS DEC"I 0 2003 TALg531097.11 2.2.2~.3. A. Bo TAL~531097.11 (a) SINGLE FAMILY ' (b) MULTI-FAMILY' (3) HEIGHT LIMITATIONS (a) PRINCIPAL STRUCTURES (b) ACCESSORY STRUCTURES (4) MINIMUM FLOOR SPACE PARKING LANDSCAPING SIGNS 5. NATIVE VEGETATION RETENTION 6. USABLE OPEN SPACE RURAL vILLAGES 1. ALLOWABLE USES' 2. MIX OF NEIGHBORHOOD TYPES a. ALLOCATION OF LAND USES b. ACREAGE Lt ITATIONs 3. DENSITY a. BASE DENSITY b. MINIMUM DENSITY c. MAXIMUM DENSITY 4. OTHER DESIGN STANDARDS a. TRANSPORTATION SYSTEM b. LOCATIONAL RESTRICTIONS c. SIZE d. ADDITIONAL VILLAGE CRITERIA 5. NATIVE VEGETATION 6. GREENBELT 7. OPEN SPACE 8. PROCESS FOR APPROVAL OF A RURAL VILLAGE a. ElS b. DEMONSTRATION OF FISCAL NEUTRALITY NEUTRAL LANDS ALLOWABLE USES AGEI~A ITEM DEC 1 0 2003 Bo 3. DENSITY 1. MAXIMUM GROSS DENSITY 2. RESIDENTIAL CLUSTERINGS,' USES PERMITTED AS OF RIGHT ACCESSORY USES CONDITIONAL usEs", C. DIMENSIONAL AND DESIGN STANDARDS 1. SINGLE-FAMILY DEVELOPMENT NO,T UTILIZING CLUSTERING a. MINIMUM LoT AREA b. MINIMUM LOT WIDTH, c. MINIMUM YARD REQUIREMENTS 2. SINGLE-FAMILY DEVELOPMENT 'UTILIZING CLUSTERING a. MINIMUM LOT AREA b. MAXma.rM LOT AREA c. MINIMUM LOT WIDTH' d. MAXIMUM LOT WIDTH 3. HEIGHT LIMITATIONS 4. FLOOR AREA ' ' $. PARKING 6. LANDSCAPING 7. SIGNS D. NATIVE VEGETATION RETENTION E. US~LE OPEN SPACE A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVER.ED 1. us~S pERM_ITTED AS OF RIGHT 2. AccESsORY USES 3. CONDITIONAL USF_~S B. ALLOWABLE USES WHERE TDR CREDITS HAVE BEEN SEVERED 1. USES PERMITTED AS OF RIGHT 2. CONDITIONAL USES C. DENSITY ~oA rr~.M D. NATIVE VEGETATION DEC 1 0 2003 TAL~53 ! 097.11 go OTHER DESIGN STANDARDS 1. LOT AREA AND WIDTH 2. PARKING 3. LANDSCAPING 3. SIGNS 2.2.2½. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2½.1 PURPOSE AND ScoPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU / / District allows for a mixture of urban and rural levels of service, including limited extension / / of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. 'The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance fi.om the major public rights-of-way, and to protect private property rights. A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the thc RFMU designation in the future land use clement (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2½ apply are depicted by the following map: [MAP GRAPHIC: RFMU District] Bo TAL~531097.11 EXEMPTONS. The requirements of Section 2.2.2½ shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for Which a Conditional use or Rezone petition has been approved by the County prior to June 19,2002, or land use petitions for which a completed application has been submitted prior to Sune 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the AGENDA ITEM DEC:I 0 2003 RFMU District as long as they do not result in an increase in development density or. C. ORDINANCE SUPERCEDED. Ordinance,Number 98, i7 is hereby expressly superceded. Any development,in the area formerly, subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU District. 2.2.2~.2 RFMU RE~'EIVING LANDS. RF1V[U.' Receiving Lands are those lands within the RFMU District that have been identified as being most appropriate for development' and'to which residential development units may be transferred from RFMU Sending Lands. Based on the evaluation of available data, RFMU Receiving ,Lands have a lesser degree of environmental or listed species habitat value than RFMU Sehding Lands and generally have been disturbed through development or previous or existing agricultural operations. Various' incentives are employed to direct development into RFMU Receiving Lands and away from RFMU Sending 'Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process;, clustered development; density bonus incentives; and, provisi0n~ for central sewer and water. Within RFMU 'Receiving Lands, the following 'standards shall, apply, except as noted'in paragraph 2.2.2½.1 above, or as more specifically provided in an applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifica'l'l~, provided herein NBMO Receiving Lands are only subject.to the provisions of Section 2.2.31. 2. MAXIMUM DENSITY a. BASE DENSITY. The base residential density allowable within RFMU Receiving Lands, exclusive of the applicable Density Blending provisions set forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit per lot or parcel. b. ADDITIONAL DENSITY (1) TDRS. Outside of Rural Villages, the maximum density achievable in RFMU Receiving Lands through the TDR process is one (1) dwelling unit per acre. (a) CLUSTERING REQUIRED. Where the transfer of development rights is employed to increase residential density within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: i, Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities may be apprOved. ii. The maximum lot size allowable for a single-family detached dwelling unit is one acre. TAL~531097.11 AGENDA ITEM No. DEC 1 0 2003 iii. The clustered .development shall be located on the site so as'to provide ' to the greatest degree practicable: Protection for listed species habitat; preservation of the highest'quality native vegetation; connectivity to adjacent natural reservations, or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. ' (b) MINIMUM PROJECT SIZE. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. (c) EMERGENCY PREPAREDNESS. In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event any development approved under the proVisioris of this section ·shall demonstrate that adequate emergency preparedness and disaster prevention measures have been taken by, at a minimum: i. Designing community facilities, schools, or other public buildings to serve as storm shelters if located outside of areas that may experience inundation during a Category 1 or worse storm event. While the need to utilize such shelters will be. determined on a case-by-case basis, areas which are susceptible to inundation during such.storm events are are identified on the Sea, Lake,' and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii. Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness PI~ to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry, Collier County Emergency Management staff, and the managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the rationale for prescribed burning on adjacent or nearby lands. · (2) Once the maXimum density is achieved through the use of TDRs, additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.9.4.5.A. (b) A density bonus of 0.1 units Per acre shall be allowed for projects that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. 3. ALLOWABLE USES AC.,rJ~A rrr~a TA1.~531097.11 ~~ DEC 1 0 2003 TALg531097. I I a. USES PERMITTED AS OF RIGHT. The. following uses are' permitted as of right, el' as uses accessory t° permitted tlses: ' (1) Agricultural activities, including} but not limited to: Crop raising; ho'rticultm-,e; fruit and nut prod.uction; forestry; grOves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. Owning, maintainirlg or operating any facility or part thereof for the fbllowing purposes is prohibited: .~ (a) Fighting or baiting any animal by the owner of such facility or.any other person or entity. CO) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (c) For purposes of this subsection, the term baiting is defined as set forth in § 828..122(2)(a), F.S., as it may be amended from time to time.. ' (2) Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. (3) Multi-family residential structures, if clustering is employed. (4) Rural Villages, subject to the provisions set forth under SeCtion 2.2.2~A.2.B below. . (5) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. (6) Family Care Facilities: 1 unit per 5 acres and subject to Sedtion 2.6.26.1.1 of this Code. (7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile home: 11 dwelling units per acre; Co) Multifamily/dormitory: 22 dwelling units/beds per acre. (9) Sporting and Recreational camps not to exceed 1 cabin/lodging unit per 5 gross acres. (10) Those Essential services identified as permitted uses in Section 2.6.9.1.A and in accordance with the provisions, conditions and limitations set forth therein. (11)Golf courses or driving ranges, subject to the following standards: (a) The minimum density shall be as follows: i. For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. DE C'I 0 2003 ii. For golf courSe projects not utilizing Density Blending Provisions, including freestanding golf,cOurses: the minimum density shall be one (1) dwelling unit per five .(5) gross acres, and one additional dwell!ng unit per five (5) gross acres for the land area utiliZed as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non- irrigated and retained in a natural state. The additional required density for such golf course development shall be achieved by acquiring TDRs. from Sending Lands. (b) Golf courses shall be designed, constructed, and managed in accordance with Audubon Intemational's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the. Gold Signature Program (Site Specific Assessment, Habitat SensitiVity, Native and Naturalized Plants' and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedUres. (c) In order to prevent the contamination of soil, surface iwater and ground water by the materials stored and handled by golf coUrse maintenance operations, golf courses shall'comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (d)To protect ground and surface, water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: i. The use of slOw release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; /ii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; v. The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and [Vater Quafity' Protection, May 1991 (revised 1995) to select Pesticides that will have a minimum adverse impact on water quality (e) To ensure water conservation, golf cours6s Shall incorporate the following in their design and operation: i. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the o'~timum amount of irrigation water needed considering soil '~'%~/t~ IIE~~'-' evapotranspiration rates. DEC, 1 0 2003 TALg531097. I I ii. Golf courses shall utilize treated effluent reuse water consi'stent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery of Such water exists ht a location abutting the golf course property boundary or within 50 feet' of such boundary and accessible Via existing rights of way or easements; m. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these' excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least ,75% of the required native trees and shrub~ shall also 'be drought tolerant species. (f) Stormwater management ponds shall be designed to mimic the funefioTM of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requii:ements. (g)Site preservation and native vegetation retention requirements shall be those set forth in Section 3.9.4 of this Code. (12)Public and private schools, subject to the following criteria: (a) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (b) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (e) The Site shall be subject to all applicable State or Federal regulations. (13) Oil and gas exploration, subject to state drilling permits and Collier'County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement Shall be deemed satisfied upon isSUance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). 'All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the bt Big Cypress Watershed, the applicant shall be responsible for cc aver~g the DEC 1 0 2003 TALg531097.11 Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 'through 62C-30, even if outside l~h~ defined Big Cypress Watershe. d. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. b. ACCESSORY USES. . . 1. Acceisory uses as set forth in Se.ction 2.2.2.2.2 of this code.' 2. Accessory Uses and structures that are accesSory and incidental to uses permitted as of right in the RFMU District. . 3. Recreational facilities that serve as an integral'part of a residential development and have been designated, reviewed, and approved on a site. development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. c. CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in division 2.7.4 (1) Oil and gas field development and 'production, subject to state field development permits and Collier' County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minlrnize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42,. F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the Standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. (2) Group care facilities and other care housing' facilities, other than family care facilities, subject to a maXimum floor area ratio of 0.45. (3) Zoos, aquariums, and botanical gardens, and similar uses. (4) Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Community facilities, such as, places of worship, cemeteries, and social and fraternal organizations. childcare facilities~ . AGi~NDA ITEM DEC 1 0 2003 TAL#531097.11 (6)Travel trailer recreation vehicle parks, subject to the following criteria: , (a) the site is adjacent to an existing travel trailer recreational vehicle site; and tb)the site is no greater th~in lb0% of the size of the existing adjacent park site. (7) Those Essential Services identified in 2.6.9.2.A and C. (8) In RFMU Receiving Lands other than those' within the NBMO, asphalt and concrete batch-making plants. DESIGN STANDARDS a. DEVELOPMENT NOT UTILIZING CLUSTE ~RiNG: (1) MINIMUM LOT AREA: 5 Acres. (2) MINIMUM LOT WIDTH: 165 Feet. (3) MINIMUM YARD REQUIREMENTS: (a) Front Yard: 50 feet (b) Side Yard: 30 feet (c) Rear Yard: 50 feet (d) Nonconforming lots in existence as of June 22, 1999: i.. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. iii. Rear Yard: 50 feet. CLUSTERED DEVELOPMENT: (1) LOT AREAS AND WIDTHS: (a) SINGLE-FAMILY i. Minimum Lot Area: 4,500 square feet. ii. Maximum Lot Area: One Acre. iii. Minimum Lot Width: Interior lots 40 feet. iv. Maximum Lot Width: 150 feet. (b) MULTI-FAMILY i. Minimum Lot Area: One Acre. ii. Maximum Lot Area: None. iii. Minimum LOt Width: 150 feet. iv. Maximum Lot Width: None. (2) MINIMUM YARD REQUIREMENTS I EC 1 0 2003 TAL~531097.11 (3) (a) SINGLE FAMILY. Each single-family lot or parcel minimum yard. ' requirement shall be established within, an approved PUD, or shall comply ~ with the following standards: i. Front: 20 .feet (Note 'Front Yard Set back may be. reduced to 10 f~et where parking for the unit is accessed via a rear ally. Side: 6 feet iii. Rear: 15 feet ~ iv. Accessory: Per Section 2.6.2 (b) MULTI-FAMILy. For each multi-family lot or parcel minimum yard shall be est~tblished within an approved PUD, or shall comply with the following standards: ' i. Setback from Arterial or Collector roadway(s): no multi-family dwelling may be located closer than 200 feet to a roadway.classified 6r defined as an arterial roadway Or 100 feet from any roadway 'classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multi-family Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory: Per Section 2.6.2 HEIGHT LIMITATIONS (a) PRINCIPAL STRUCTURZS i. ii. 111. (b)ACCESSORYSTRUCTURES. Accessory: 20 feet, except for enclosures, which may be the same height as the principal structure. Single Family: 35 feet. Multi-family: Five Stories not to exceed 60 feet. Other structures: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. screen (4) MINIMUM FLOOR SPACE (a) Single Family: 800 square feet Co) Multi-family: i. Efficiency: 450 Square feet ii. One Bedroom: 600 square feet iii. Two or More Bedrooms: 800 square feet PARKING. As required in Division 2.3 of this Code. LANDSCAPING. As required in division 2.4. of this Code. AGENDA ITEM No. DEC 10 2003 TALl/531097.11 e. SIGNS. As required in division 2.5. of this Code. 5. NATIVE VEGETATION RETENTION. As reqUired in Section 3.9.4.3. of this Code. 6. USABLE OPEN SPACE. , a. Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. b. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape arias. c. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may be approved within the boundaries of RFMU Receiving Lands, subject to the following: 1. ALLOWABLE USES: a. All permitted uses identified in Section 2.2.2½.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses 1 through 5, and 7 identified in Section 2.2.2~.2.A.3.c., when specifically identified in, and approved as part of a Rural Village PUD. c. All permitted and accessory uses listed in the C-4 General Commercial District, Section 2.2.15.2, subject to the design guidelines and development standards set forth in this Section. d. Research and Technology Parks, with a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage, subject to the design guidelines and development standards set forth herein, the applicable standards contained in Section 2.2.20.4.8. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph (3) below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of Rural Village PUD rezoning. (2) The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; intemet technologies commerce; multimedia activities and CD-ROM developme DEC 1 0 2003 infgrmation processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light, manufacturing in the high tech target sectors of aviation/aerospac.e and health and information technologies; office uses in connection with on-site research; development testing and related manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. (3) Non-target industry uses may include hotels at a density .consistent with the provisions in Section 2.2.15.4.7, and those uses in the C-1 through C-3 Zoning Districts. that provide support servic&s to the target indhstries such as general office, banks, fitness centers, personal and professional services,' medical, financial and convenience, sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, restaurants and corporate and government offices. ' (4) The Rural Village PUD shall include standards for the development of individual building parcels within the park and general standards shall be / adopted for pedestrian and vehicular interconnections, buffering, / landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. " (5) The Research and Technology Park must be adjacent to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. (6) The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the Rural Village by a minimum Type "C" landscape buffer, as set forth in Section 2.4.7.4 of this Code. (7) Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry uses identified in paragraph (3) and compatible within a Rural Village. 2. MIX OF NEIGHBORHOOD TYPES. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a Neighborhood Center. Neighborhood Centers may include small-scale service retail and office uses, and sl[all public park, square, or green. Village Centers shall be designed to se~,e tl~o. r~tail, office, civic, government uses and service needs of the residents of the Rural Villag.e. The Village Center. shall be the primary location for.commercial uses. Rural Villages shall be s,urrounded by a green belt in. order to pi:otect the character of. the rural landscape and to provide separation between Rural Villages and the low density rural development, agricultural uses, and conservation lands that may surround the Rural Village. Rural Villages shall be designed to include the foll6wing: a mixture of residential housing types; institutional and/or commercial uses; and .recreational uses, all of which shall be sufficient to serve the residents of the Rural Village and the surrounding lands. In addition, except as specifically provided otherwise for Rural Villages within the NBMO, the following criteria and conditions shall apply to all Rural Villages. . . . a.ALLOCATION OF LAND USES. specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but are not limited to: (1) A mixture of housing types, including attached and/or detached single family, as well as multi-family shall be provided within a Rural Village. A minimum / of 0.2 units per acre in a Rural Village shall be Affordable Housing, of which ~ at least 0.1 units per acre shall be Workforce Housing. The Rural Village "' shall be designed so as to disperse the Affordable and W°rkforce Housing " units throughout the Village rather than concentrate them in a single location. (2) A mixture of recreational uses, including parks and village greens. (3) Civic, community, and other institutional uses. (4) A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Center. (5) A mixture of retail, office, and services uses. (6) If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; ' (b) A credit toward any aPplicable school impacts fees shal1 be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and (c) Schools shall be located in order to minimize busing of students and to co- locate schools with public facilities and civic structures such as Parks, libraries, community centers, public squares, greens and civic areas. (7) Within the NBM Overlay, elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in nd a~ TALg531097.11 [lEU 1 0 2003 to the Rural Village Center, provided such local streets provide adequate access as ,needed by the School Board. , b. AC ~I~AGE LIMITATIONS ' . ,' (1) Rural Villages shall be a minimum o~'300 acres and a maximum of 1,500 acres, exclusive of the required green belt, with exceptiota that the maximum size ora Rural Village within those RFMU Receiving Lands south of the Belfe Meade NRPA shall not exceed 2,500 acres. (2) Neighborhood Center - 0.5% of the total Rfiral Village acreage, not to exceed 10 acres, within each Neighborhood Center. (3) Neighborhood Center Commercial - Not to ~xceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. (4) Village Center - Not to exceed 10% of the total Rural Village acreage. (5) Village Center commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. (6) Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage. (7) Civic Uses and Public Parks - Minimum of 15% of the total Rural Village acreage. .. DENSITY. A Rural Village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: Co BASE DENSITY. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. MINIMUM DENSITY. For each TDR Credit for use in a Rural Village, one Bonus Credit shall be granted, up to the minimum gross density of 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. MAXIMUM DENSITY. A developer may achieve a density exceeding the minimum required density, up to a maximum of 3.0 units per acre, through the following means: (1) TDR Credits; (2) An additional density bonus 0.3 units per acre for the additional preservation of native Vegetation as set forth in Section 3.9.4.5.B; (3) An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in 3.9.5.3.B.2; and/or (4) An additional density bonus of 0.5 units per acre for each Workforce Housing unit. TAI..~531097.11 Affordable or ~:noA ~xm 4. OTHER DESIGN STANDARDS a. TRANSPORTATION SYSTEM DESIGN. (1) Thee Rural Village shall be designed with a formal street layout, using primarily a grid design and incorporating'village greens, Squares and civic . uses as focal points. ' (2) Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the Rural Village . shall be designed .to meet County standards and shall be dedicated to the public. (3) A Rural Village shall not be split by. an arterial roadway. (4) Interconnection between the Rural Village and adjacent developments shall .be required. (5) Neighborhoods, Neighborhood Centers, and the Village Center shall be ' connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. (6) Public transit and school bus stops shall be co-located, where practicable. (7) Pedestrian paths and bikeways shall be designed so as to provide access and intercormectivity. b. LOCATION RESTRICTIONS AND STANDARDS. (1) In locating both schools and housing units within the Rural Village, consideration shall be given to minimizing busing needs within the community. (2) A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. (3) No more than one Rural Village may be located in each of the distinct REMU District Receiving Areas depicted on the FLUM and on the Official Collier County Zoning Atlas maps. (4) A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Rural Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. (5) A Rural Village shall be located where other pUblic infrastructure, such as potable water and sewer facilities, already exist or are planned. c. SIZE LIMITATIONS. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required Rural Village size is exclusive of the required Greenbelt area set forth in Section 2.2.2½.2.B.6. d. ADDITIONAL VILLAGE DESIGN CRITERIA: Rural Vill: designed in accordance with the following provisions: TALit531097.11 ehnll h~ AGENDA ITEM DEC ! 0 2003 // TAL#531097.11 (1) Rural Villages shall be developed in a progressive urban to rural continuum, with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. . . , , (2) Rural Villages may include "Special Districts" in addition to the Villfige Center, Neighborhood Center and Neighborhoods, to accommodate uses that may require use specific' design standards not otherwise provided for herein. Such Special Districts, their proposed uses, and applicable design standards. shall be identified as part of the Rural Village PUD rezone process. (3) The Rural Village PUD Master Plan shall designate the location of the Village Center and each Neighborhood, Neighborhood Center and as may be applicable, Special Districts. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods, with defined Neighborhood Centers. (4) A mixture of allowable uses is encouraged to occur within buildings in the Village Center and Neighborhood Centers. (5) Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary facilities, if such parcel includes multiple uses. (6) Building heights may vary within the Village Center and Neighborhood Centers, but shall not exceed 5 stories not exceeding 65 feet with the Village Center, or 4 stories no exceeding 55 feet within the Neighborhood Center, and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The height exclusions set forth in Section 2.6.3.1 of this Code apPly within a Rural Village. The height exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that: (a) 2.6.3.2.(4) reqUiting 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, (b) For each parking space for which the height waiver is granted, an equal amount of square footage of Open Space shall be provided in excess of the minimum set forth in 2.2.2½.2.B.7. (7) The minimum lot area shall be 1,000 SF; howeVer, within neighborhoods, especially approaching the edge of the Village and the surrounding green belt, less compact larger lot residential development may occur. (8) Within the Village Center and Neighborhood Centers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbacks - 0 to l0 feet from the right-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet AGENDA'I~ No. DEC10 2003 (10)Within neighborhoods outside of a Neighborhood or Village Center required yards' may vary but shall be designed So as ,to,provide for adequate light, opens space ad movement of air, md shall consider the design objective of the urban to rural continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhood~ fipproaching the greenbelt. (11)Within the Village Center and Neighborhood Centers overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet abOve the (12) Seating for outdoor dining shall be permitted to encroach the public sidewall~ and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (13)Civic or Institutional Buildings shall.be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staff with respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the Rural Village P..U'D.' document. (14)Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The PUD document sh.all, adhere to the provisions of Division 2.8 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards. (15) Required vehicular parking and loading mounts and design criteria: (a)-The amount of required parking shall be demonstrated through a shared parking anal ysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. (c) Parking lots shall be accessed from alleys, service lanes or secondary streets. (d) Any or all of the above parking requirements may be further reduced ifa shared parking plan is submitted as part of a Rural Village subsequent site devel~lan application. The shared arki~p]an DEC 1 0 2003 TALtt531097.11 shall demonstrate that the reduced parking is warranted as a result of the following: shared building and/or block use(s) where parking demands for certain uses are low when other demands are higher; a concentration of residential dwelling units located within 600 feet of non,residential uses; the existence of transit for use by residents and visitors. (16)Landscaping minimums within the Village Center or within Neighborhood Centers shall be met by:' (a) Providing landscaping within parking lots as described, and by providing a' streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width; . (b) Planting street trees every 40 Ft. O.C. The street tree patteTM may be interrupted by architectural elements such as arcades and columns. (c) Plantings areas, raised Planters, or planter boxes in the front of and adjacent to the buildings, where such planting areas do not interfere ~vi'th pedestrian access and mobility. (d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. (17)Signs: The PUD document shall adhere to the provisions' of Division 2.5 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards by providing for pedestrian scale signage standards with Neighborhood Centers or the Village Center. 5. NATIVE VEGETATION. Native vegetation shall be preserved as set forth in 3.9,4.3.A. 6. GREENBELT. Except within the NBMO Rural Village, a Greenbelt averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanently undeveloped edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall conform to the following: a. Greenbelts may only be designated on RFMU Receiving Lands. b. The allowable residential density shall be shifted from the designated Greenbelt to ---' "-:~::c.-'The Greenbelt'may be'~:onCenh-ated to a greaferde~ee'in areas~ wh~Cit is'!..:..:..:-.: . .' !';?. .- · ~.' '_i '"' . neCessaryii0 Protect listed Species habitat..-, inClUdin~g'wetl~ds'~d~i~ds; ~r%ide:i:: -'~ '~' ': "' .... ~ .... ' fora b~(fer f~-orn adjac'ent~iitural reServati0n~I or l~0vid~ ror'w li:figld,:ar:h iii:i i:? protection.' However, at no location shall the Greenbelt be less than 300 'feet in width. d. Golf courses and existing agriculture operations are permitted within the Greenbelt, subject to the vegetation retention standards set forth in ~ 3.9.4.3.A. However, golf course turf areas shall only be located witl TAL~531097.11 ~ction No. DEC 1 0 2003 TAL~531097.11 ao bo ' the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously clearbd or'disturbed areas. OPEN SPACE: Within the Rural Village,' a minimum of 70% of Open Space shall be provided, inclusive of the Greenbelt. ' PROCESS FOR'APPROVAL OF A RURAL VILLAGE. Applications for approval shall be submitted in the form of a Planned Unit Development (P .UD) rezone utilizing the standard form(s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable ~ the Rural Village PUD applicatiOn will be submitted in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may' su'p~rcede the DRI process. The Application for Rural Village PUD approval shall demonstrate general compliance with the provisions of Section 2.2.20 and. shall include the following additional submittal requirements: EIS. An environmental impact statement for the Rural Village and surrounding Greenbelt area shall be submitted an accordance with the requirements of Section 3.8 of this Code DEMONSTRATION OF FISCAL NEUTRALITY. An analysis 'that demonstrates that the Rural Village will be fiscally neutral to county taxpayers outside of the Rural Village. This analysis shall e~,al.uate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. In addition, this evaluation shall identify projected revenue sources for services and any, c.apital improvements that may be necessary to support the Rural Village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the Rural Village. At a minimum, the analysis shall consider the following: (1) Stormwater/drainage facilities; (2) Potable water provisions and facilities; (3) Reuse or "Grey" water provisions for irrigation; (4) Central sewer provisions and facilities; (5) Law enforcement facilities; .(6) School facilities; (7) Roads, transit, bicycle and pedestrian facilities and pathways; (a) Solid Waste facilities. (b) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adoPted concurrency management program to ensure that there will be no degradation to the adopted level of service for public facilities and infi-astructure identified in (1) through (7) above. . .... IAGENDA ITEM DEC 1 0 2003 2.2.2½.3. // NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a higher ratio Of native vegetation, and thus higher habitat values, than lands designated as RFMU Receiving Lands, but these values do not approach those of RFMU Sending Lands..Therefore, ~bese lands are appropriate for limited development, if such development is'directed away from existing native vegetation and habitat. Within Neutral Lands, the following standards shall apply: A. ALLOWABLE USES. The folioWing uses are permitted as of right: 1. USES PERMITTED AS OF RIGHT. a. Agricultural acti¥ities, including, but not limited to: Crop rai~ing, horticulture, fruit and nut production, forestry, groves, nurseries, ranching, beekeeping, poultry and egg production, milk production, livestock raising, and aquaculture for native species subject to the State of Florida Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (1) Fighting or baiting any animal by the owner of such facility or any other person or entity. (2) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (3) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. b. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c. Dormitories, duplexes and other types of staff housing, as may be incidental t°, and in support of, conservation uses. d. Group housing uses subject to the following density/intensity limitations: e. Family Care Facilities: 1 unit per 5 acres; f. Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/mobile home: 11 dwelling units per acre; (2) Multifamily/dormitory: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. j. Those Essential Services identified in Section 2.6.9.1.A. k. Golf courses or driving ranges, subject to the following standards: AGENDA ITEM DEC: 1 0 2003 TAI-~531097.11 TAL#531097.11 (1) Golf courses shall be designed, constructed, and managed in accordance ,with Audubon International's Gold Sign:ature' Program. (2) ~ In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled .by. g01f course maintenance operations, golf courses shall c'omply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of .Environmental Protection, May 1995. (3) To protect ground and surface. w&ter quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources;, (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (C) 'The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in WAS Circular 10 i 1, Managing Pesticides for Golf Course' Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. (4) To ensure water conServation, golf c. ourses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moistUre-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b)As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. (c) Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (5) Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area rec uirements, on an acre- to- acre basis, shall be given for littoral shelves that e littoral shelf area requirements. AGENDA DEC'I 0 2003 o TALg531097.11 (6) Site preservation and native vegetation retention requirements shall be .the same as those set forth in the RFMU District criteria. Site preservation areas ~are intended to provide habitat ,functions arid shall meet minimum dimensions as set forth in the Land Development Code. These standardS shall be , established within one year. .1. Public and private schools, subject to the following criteria: (1) Sit~ area and school size shall .be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. .. (2) The Site must comply with the State Requirements for Educatic;nal Facilities adopted by the State Board of EducatiOn. (3) The site shall be subject to all applicable State or Federal regulations. m. Oil and gas exploration, subject to state drilling permits and Collier County site development .plan review procedures. ~Directional-drilling and/or .previouSly cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with thb requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. ACCESSORY USES. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: a. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.3.2 above. b. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in division 2.7.4 a. Zoo, aquarium, botanical garden, or other similar uses. AGENDA ITEM No. DEC 1 0 2003 TAL~531097.11 b. Community facilities, such as, places of worship, childcare facilities, cemeteries, social and fraternal organizations. c. Sports instructional schools and camps. ~ d. Those Essential Services identified in 2.6.9.2.A and C. e. Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 ~hrough 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas. environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County oUtside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42,. F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and pr0'tected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. B. DENSITY 1. MAXIMUM GROSS DENSITY. The maximum gross density in Neutral Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. 2. RESIDENTIAL CLUSTERING. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance with the following provisions: a. If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b. The clustered development shall be located on the site so as to provide to the greatest degree practicable: (1) protection for listed species habitat; (2) preservation of the highest quality native vegetation; (3) connectivity to adjacent natural reservations or preservation developments; and DEC 1 0 2003 Co ' (4) creation, maintenance or enhancement of wildlife corridors. , c. The minimum project size shall be at 'least 40 ac?es. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in Section 2.2.2.4 of this Code shall apply' to all development in Neutral Lands, except for development utilizing the residential .clustering provisions, in paragraph 2.2.2½.3.B.2. above. In the case of such clustered develoPment, the following dimensional st/tnciards shall apply to all p.ermitted housing structure types, accessory, and conditional uses: 1. DEVELOPMENT THAT IS NOT CLUSTERED: a. MINIMUM LOT AREA: 5 Acres. b. MINIMErM LOT WIDTH: 165 Feet. 3. HEIGHT LIMITATIONS a. MINIMUM LOT AREA: 4,500 square feet. b. MAXIMUM LOT AREA: One Acre. c. MINIMUM LOT WIDTH: Interior lots 40 feet. d. MAXIMUM LOT WIDTH: 150 feet. TA Lg531097.11 ao co FLOOR AREA. feet. Principal: 35 feet Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. Golf course/community clubhouses: 50 feet The minimum floor area for each dwelling unit shall be 800 square 5. PARKING. As required in division 2i3. 6. LANDSCAPING. As required in division 2.4. 7. SIGNS: As required in division 2.5. AGENDA ITEM No. DEC 1 0 2003 c. MINIMUM YARD REQUIREMENTS: (1) Front Yard: 50 feet (2) Side Yard: 30 feet (3) Rear Yard: 50 feet ~ (4) Nonconforming lots in existence as of June 22, 1999: (a) Front Yard: 40 feet. .,., (b) Side Yard:' 10 percent oflot'width, not to exceed 20 feet on each side. (c) Rear Yard: 50 feet. DEVELOPMENT THAT IS CLUSTERED: D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as set forth in Section 3.9.4.3. E. USABLE OPEN SPACE: 1. Usable Open Space: Projects of 40 acres or more in size shall provide a minimum of 70% usable open space. 2. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, Waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. 3. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable. Open Space. 2.2.2¼.4. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the . . highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU Sending Lands are the principal / target for preservation and conservation. Density may be transferred from RFMU Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are also i RFMU Sending Lands. With the exception of specific provisions applicable only to NBMO Neutral Lands, the following standards shall apply within all RFMU Sending Lands: A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. USES PERMITTED AS OF RIGHT a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). b. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, c. Habitat preservation and conservation uses. d. Passive parks and other passive recreational uses. e. Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. f. Those Essential Services identified in 2.6.9.1.B. g. Oil and gas exploration, subject to state drilling permits and Collier County site development plan revieTM ProcedUres..Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or TALg531097.11 state oil and gas permits, for proposed~~oil and gas activities in Coll]x:' DEC1 0 2003 ' long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C.. For those areas of Colllei cOUnty outside the boundary of the Big Cypress Watershed, the applicant lshall be responsible for convening the Big Cypress Swamp Advisory Committee .as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 'through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall 'be constructed and protecte.d .from unauthorized used according to the standards .established in Rule 62-30.005(2)(a)(1) through (12), F.A.C: 2. ACCESSORY USES. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.A. 1 above. 3. CONDITIONAL USES. . .. i. , ao Those Essential services identified in Section 2.6.9.2.B. Public facilities, including solid waste and resource recovery facilities, and public. vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, oh 'lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of sOlid waste disPoSal. c. Oil and permits gas field development and.production, subject to state field development and Collier County site development plan review procedures. Directional- drilling and/or previously cleared or diiturbed areas shall be utilized in order to minimize impacts 'to native habitatS, Where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in comPliance with the criteria established in Chapter 62C-25. through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., tO assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. d. Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d abOve, such as retail sales of prodUce accessory to farming, or a restaurant accessory to a park or preserve, sO long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. USES PERMITTED AS OF RIGHT a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) 1~ ionaqu~tNOA ITEJd Statutes (Florida Right to Farm Act), including water management [cilit~i~_, to the .... DEC! 0 '2003 TAL#531097.11 extent and intensity that such operations exist at the date of any transfer of development fights. . . b. Cattle grazing on unimproved pasture where no cleating is required; c. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development right,s a. fier any transfer, up to one dwelling must be retained (not transferred) per 40 acres. ' ' d. One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per lot or parcel in existence as of jUne 22, 1999, that is less than 40 acres,. In order to retain these development rights afi~f any transfer, up to one dwelling must be retained (nOt transferred) per each lot or parcel. For the purposes of this provision, a lot or pa[cd shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: (1) the lot or parcel is part of a subdivision that was recorded in the public recsrds of the County on or before June 22, 1999; (2) a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or (3) an agreement for deed for the lot Or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. e. Habitat preservation and conservation uses. f. Passive parks and passive recreational uses. g. Those Essential Services identified in 2.6.9.1.B. h. Oil and gas exploration, subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42~ F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards esta 62-30.005(2)(a)( 1 ) through (12), F.A.C. AGENDA ITEM DEC 1 0 2003 CONDITIONAL USES ' a. b. Co Those Essential'Uses identified in 2.6.9'.2.B. '. Oil anal gas field development and pl:oduction, subject to state field development permits and Collier County site development 'plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall b6 utilized in order to minimize .impacts to native, habitats, where de~termined to be practicable. This requirement shall be deemed satisfied upon issuance of'a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30,' F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30,001(2). A, 11 applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply'with the requirements of Chapter 62C-25 through 62C-30, F.A.C. ,For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for converiing the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005 (2)(a)(1) through (12), F.A.C. Conditional use approval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU Sending Lands: (1) The applicant shall submit a plan fbr development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Divisions 3.9 and 3.11. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. C. DENSITY. 1.0 dwelling units per 40 gross acres; or 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: a. a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; b. a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3. TA Lg531097.11 Q~~ DEC 10 2003 E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set £orth in Section 2.2.2.4 of this Code shall apply to all develoPment in Sending designated lands of the RFMU District, except as follows:. 1. LOT AREA AND WIDTH a. Minimum Lot Area: 40 acres. b. Minimum Lot Width: 300 Feet. PARKING. As required in division 2'.3. LANDSCAPING. As required in division 2.4. SIGNS. As required in. division 2.5. ' TALg531097.11 A~A DEC ] 0 2003 12/1/03 'DRAFT, TAB B SECTION 2.2.17 CONSERVATION DISTRICT / / ~ ~ SECTION 2.2.17 cONSERVATION DISTRICT 2.2.17 CONSERVATION DISTRICT '" 2.2.17.1 PURPOSE AND INTENT 2.2.17.2 ALLOWABLE USES . A. PERMITTED USES B. USES ACCESSORy TO PERMITTED USES C. CONDITIONAL USES 2.2.17.3 DESIGN CRITERIA A. DIMENSIONAL STANDARDS 2. 3. 4. MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARD REQUIREMENTS MAXIMUM HEIGHT MAXIMUM DENSITY AND INTENSITY 1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES 2. ' FAMILY CARE FACILITIES' " 3. GROUP CARE FACILITIES 4. SPORTING AND RECREATIONAL CAMPS 5. STAFF HOUSING OFF-STREET PARKING LANDSCAPING SIGNS 12/1/03 DRAFT Sec. 2.2.17. CONSERVATION DISTRICT (CON DISTRICT). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the ,Conservation dDistrict (CON District) is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sen '-":-':'-' perturbation. All proposals for devq&~n~nt in the CON District must be subject t ) ne.orous TAL#531099.4 DEC 2003 / / review to ensure that the impacts of the development do not destroy or unacceptably'degrade. the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, FlOrida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee. Strand State , , Preserve, Collier-Seminole State Park, Rookery Bay National Estuafine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent, of the CON dDistrict to require review of all development proposed within the CON dDistfict to ensure that the inherent value of Collier County's natural resources is not destroyed or unacceptably altered. The ' CON dDistrict corresponds to and implements the conservation land use'designation on the future land use map of the Collier County growth management plan. -v~.. 2.2.17.2. ~ ALLOWABLE USES. The f°liowing uses are r ................... ~ .... :,~.4 ..... allowed in the CON District ' ' 2.2.17.2. ! A. USES PERMITTED AS OF RIGHT. 1. r~,,,,~:~l ........ '~ ~'~ On privately held land only, single family dwelling units, and .. mobile homes where the Mobile Home Zoning Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and .other types of housing, as may be incidental to, and in support of, conservation uses. 3. Passive parks, and other passive recreational uses, including, but not limited to: ~.a.__Oopen space and recreational uses,; b_. gbiking, hiking, canoeing, and nature trails,;. c_ gequestfian paths,; and d_ Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Family and Group Care Facilities. 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or, on privately held lands, 7. Agricultural uses that fall within the scope of Sections 163.3162(4) and 823.14(6) Florida Statutes. ¢.8_Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance ora state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered t/~ i %~x,xT~_..~.~/,~ TAL#531099.4 DEC 1,8 03 evidence of the issuance of all applicable federal and/or state oil and gas permits .for proposed 0il hnd gas activities in Collier countyl s9' long as the state permits comply with the requirements of Chapter 62C-25.through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big CYPress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Cha3t~r 62C-25 through 62C-30, even if outside the defined Big CYPress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. The following Essential Services: a. Private wells and septic tanks necessary to serve uses identified inl through 8 above. UtiliW lines necessary to serve uses identified inl through 8 abox?e~ with the exception of sewer lines. . . , Sewer lines and lift stations if all of the following criteria are satisfied: (1) Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; (2) Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or easeme~t~; and (3) Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District Water pumping stations necessary to service a central water system providing service to Urban Areas and/or the Rural Transition Water and Sewer District. 2.2.17.2.2. B_ USES ACCESSORY TO PERMITTED USES. Uses and structures that are accessory and incidental to uses permitted as of right in the CON district. 2.2.17.2. C. CONDITIONAL USES. The following uses are permitted as conditional uses in the conservation distNct CON, subject to the standards and procedures established in division 2.7.4 and further subiect to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. TALLY531099.4 DEC 1 0 20O3 7-:.1 Oil and gas field development and production, subject to state field development permits arid Collier County site development plan review procedures. Directional- drilling and/or previously cleared or disturbed arehs shall be utilized in order to minimize impacts to native habitats4 where determined to be practiCable. This , requirement shall be deemed satisfied upon iss'uance of a state permit in compliance' with the criteria established in Chapter 62C-25 through 62C-30', F.A.C.., regardless of Whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-301001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all '~ applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if . outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005 (2)(a)(1) through (12),' F.A.C. 2. Those Essential Services necessary for ire public safety. 3. Commercial uses accessory to permitted uses A.3, A.4, and A.7 above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as limitations are imposed to enst~re that the commercial use functions as a subordinate use. 4. Staff housing in conjunction with safety service facilities and essential services. 2.2.17.4. DESIGN CRITERIA. A._:. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2.17.4.1. Minimum lot area. give-ac-r-e~. Each dwelling unit, other than for staff housing and sporting and recreational camps, must be physically situated on a minimum five acre parcel except within the Big Cypress National Preserve, where each dwelling unit must be physically situated on a minimum 3 acre parcel, except for those legal nonconforming lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2.17.4.2. Minimum lot width. One hundred fifty feet. 2.2. ! 7.4.3. Minimum yard requirements. -h.a_. Front yard. 50 feet. g:.b_.~_. Side yard. 50 feet. 3~_.Rear yard. 50 feet. TA L#531099.4 AGENDA iTEJ~I No. DEC. 1 0 2003 g-.gfl-T¢~. Maximum height. Thirty-five feet. 2.2. ! 7.4.5. B___:. MAXIMI.)M DENSITY AND INTENSITy. 1. Single family dwellings and mobile l~om~s -1-) a_ One dwelling unit foi- each five gross acres or one dwelling unit for each legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve, -2-) b. Within the Big Cypress National ~'reserve, one dwelling unit per 3 gross acres,' or one dwelling unit per legal, nonconforming lot or parcel in existence as of June ............... 2. Family Care Facilities: 1 unit per 5 acres. 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. ' 4. Sporting and Recreational Campsi 1 lodging unit per 5 gross acres, which may be achieved through clustering. 5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through clustering. 2.2.17.4.~. C.._~. OFF-STREET PARKING. As required. in.division 2.3. 2.2. ! 7.4.7. D_~. LANDSCAPING. As required in division 2.4. 2.2.17.~.$ E_ SIGNS. As required in division 2.5. TAL#531099.4 AGENDA ITEfVl "' DEC i0 2003 ,,.. 702/' 12/1/03 DRAFT TAB C 2.2.27 RLSA DISTRICT DESIGN STANDARDS BASELINE STANDARDS TALg531101.9 DEC 1 0 2003 / 2.2.27. ! 2/I/03 DRAFT RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT - 23.31. SRA gab. 32. SSA 2.2.27.1. 2.2.27.2. 1. 2. 3. 4. 3.5_ 46_ 6.7_.:. ,/ / 0..8_ / / "-.7b. 9__ g:.10. ~11. 10.12. 4-h. 13. 12.14. 13.15. 16. 17. 18. 19. 30. SPECIAL DISTRICTS -14.21 PATHWAY 15.22. POST SECONDARY INSTITUTION ANCILLARY USES 16.23. PROXIMITY INDICES 17,24. RESTORATION POTENTIAL INDICES ! $. 25: RESTORATION ZONE 19.26. RLSA DISTRICT 20.27. RLSA OVERLAY MAP 21.28. RLSA DISTRICT REGULATIONS 22.29. SOILS/SURFACE WATER INDICES AGENDA ITEM PURPOSE AND INTENT DEFINITIONS ' BASELINE STANDARDS BUILDING HEIGHT COMPACT RURAL DEVELOPMENT (CRD) CONTEXT ZONES CIVIC AND INSTITUTIONAL BUILDINGS DESIGNATION FSA FLOW WAY STEWARDSHIP AREA HAMLET HSA -- HABITAT STEWARDSHIP AREA LAND USE - LAND COVER INDICES LAND USE LAYER (LAYER) --. LAND USE MATRIX (MATRIX) LISTED SPECIES HABITAT INDICES NATURAL RESOURCE INDEX (INDEX) NATURAL RESOURCE INDEX MAP SERIES (INDEX MAPS) ~ NATURAL RESOURCE INDEX VALUE (INDEX VALUE) NEIGHBORHOOD EDGE NEIGHBORHOOD NEIGHBORHOOD GOODS AND SERVICES ZONES OPEN SPACE STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) 25.33.' 26.34. 27.35. 28.36. g-9.37. 38. 39. 20.40. 41. 36. 42. TOWN CORE 2 !.43. VILLAGE 44. VILLAGE CENTER 22.45. WRA STEWARDSHIP CREDIT (CREDIT) STEW3XDSHrP Cm~DIT DATABASE STE~V'ARDSmP CREDIT SYSTEM" STEWAP, DSmP CREDIT WOmCSHEET'~ STEWARDSHIP OVERLAY DESIGNATION STQRY~ STORY, HALF ' ~ TOWN TOWN CENTER 2.2.27.3 A. B. 2.2.27.4. ESTABLISHMENT OF RSLA ZONING OVERLAY DISTRICT RLSA DISTRICT ZONING MAP ADDITIONAL LAND DESIGNAT,IoNs WITH THE RLSA DISTRICT 1. ESTABLISHMENT OF SSA DESIGNATIONS 2. ESTABLISHMENT OF SRA DESIGNATIONS ESTABLISHMENT OF LAND USES 'ALLOWED IN THE RSLA DISTRICT 2.2.27.5 2.2.27.6. ESTABLISHMENT OF A STEWARDSHIP CREDIT DATABASE AUTHORIZATION TO ESTABLISH A STEWARDSHIP CREDIT TRUST 2.2.27.7. GENERAL A. CREATION OF STEWARDSHIP CREDITS/GENERAL B. TRANSFER OF STEWARDSHIP CREDITS/GENERAL C. ALLOCATION OF STEWARDSHIP CREDITS/GENERAL De 2.2.27.8. B. C. D. E. FIVE YEAR COMPKEHENSWE REVIEW LANDS WITHIN THE RLSA DISTRICT PRIOR TO SSA OR SRA DESIGNATION PRIVATE LANDS DELINEATED FSAS, HSAS, AND WRAS PRIVATE LANDS DELINEATED AS OPEN AREA OF CRITICAL STATE CONCERN (ACSC) PUBLIC OR PRIVATE CONSERVATION LANDS BASELINE S TANDARDS~~j TAI.~531101.9 DEC 1 0 2003 Go 2.2.27.9. A. Bo Co NO INCREASE IN DENSITY OR INTENSITY IN EXCESS OF BASELINE STANDARDS LANDS WITHIN RSLA DISTRICT NOT DESIGNATED SSA OR SRA , , SUBJECT TO SPECIAL ENVIRONMENTAL STANDARDS SSA DESIGNATION LANDS WITHIN THE RLSA DISTRICT THAT CAN BE DESIGNATED AS SSAS 1. MAY BE 'WITHIN AN SRA BOUNDARY 2. FSA DELINEATED LANDS 3. HSA DELINEATED LANDS 4. WRA DELINEATED LANDS SSA CREDIT GENERATION - STEWARDSHIP CREDIT SYSTEM 1. EARLY ENTRY BONUS CREDITS 2. CREDIT WORKSHEET 3. NATURAL RESOURCE INDICES AND VALUES A. NATURAL RESOURCE INDICES B. INDEX VALUES C. SLOUGH/STRAND INDEX SCORE UPGRADE D. INDEX MAP E. RESTORATION POTENTIAL INDEX F. RESTORATION STEWARDSHIP CREDITS 4. LAND USE LAYERS TO BE ELIMINATED A. LAND USE LAYERS B. LAND USE MATRIX 5. MATRIX CALCULATION SSA DESIGNATION APPLICATION PACKAGE 1. SSA DESIGNATION APPLICATION 2. APPLICATION FEE 3. NATURa~L RESOURCE INDEX ASSESSMENT 4. SUPPORT DOCUMENTATION 5. SSA CREDIT AGREEMENT 6. PUBLIC HEARING~T AGREEMENT TAL~531101.9 AGEI~A ITEM No. DEC 10 2003 pg. 7~fi/ Eo F. 2.2.27.10. A. 7. RECORDING OF SSA MEMORANDUM 8. S;FEWARDSHIP EASEMENT'AGREEMENT OR DEED SSA APPLICATION REVIEW PRocEss 1. PREAPPLICATION CONFERNCE WITH COUNTY, STAFF 2. 3. 4. REVIEW BY COUNTY REVIEWING AGENCIES 5. DESIGNATION REVIEW 6. DESIGNATION REPORT SSA APPLICATION APPROVAL PROCESS 1. PUBLIC HEARING 2. LEGAL DESCRIPTION 3. UPDATE THE RLSA OVERLAY MAP AND OFFICIAL ZONING ATLAS SSA AMENDMENTS SRA DESIGNATION LANDS WITHIN THE RLSA DISTRICT THAT CAN BE DESIGNATED AS SRAS 1. SUITABILITY CRITERIA 2. SRAS WITHIN THE ACSC ESTABLISHMENT AND TRANSFER OF STEWARDSHIP CREDITS 1. TRANSFER OF CREDITS 2. STEWARDSHIP CREDIT EXCHANGE 3. PUBLIC BENEFIT USES 4. MIXED LAND USE ENTITLEMENTS FORMS OF SRA DEVELOPMENTS 2. 3. 4. APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES APPLICATION DEEMED SUFFICIENT FOR REvIEw TOWNS VILLAGES HAMLETS COMPACT RURAL DEVELOPMENTS (CRDS) a. SIZE OF CRDS LIMITED TAL~531 t01.9 DEC '1 0 2003 o SRA DESIGNATION APPLICATION PACKAGE 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. b. CRDS WITHIN THE ACSC ' PROPORTION OF HAMLETS AND CRDS TO VILLAGES AND TOWNS ,' SRAS AS PART OF A DEVELOPMENT OF REGIONAL IMPACT (DR/) SRA DESIGNATION APPLICATION APPLICATION FEE NATURAL RESOURCE INDEx ASSESSMENT NATURAL RESOURCE INDEX ASSESSMENT SUPPORT DOCUMENTATION SRA MASTER PLAN SRA DEVELOPMENT DOCUMENT SRA PUBLIC FACILITIES IMPACT ASSESSMENT REPORT SRA ECONOMIC ASSESSMENT REPORT STEWARDSHIP CREDIT 'USE AND RECONCILIATION' APPLICATION CONDITIONAL SRA DESIGNATION SRA CREDIT AGREEMENT SRA APPLICATION REVIEW PROCESS 1. PRE-APPLICATION CONFERENCE WITH COUNTY STAFF 2. APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES 3. APPLICATION DEEMED SUFFICIENT FOR REVIEW 4. REVIEW BY COUNTY REVIEWING AGENCIES 5. STAFF REVIEW 6. STAFF REPORT SRA APPLICATION APPROVAL PROCESS 1. PUBLIC HEARINGS REQUIRED a. PUBLIC HEAR/NG BEFORE EAC, RECOMMENDATION TO THE BCC Co PUBLIC HEARING BEFORE THE CCPC, RECOMMENDATION TO THE BCC PUBLIC HEARING BEFORE THE BCC, RESOLUTION APPROVED UPDATE STEWARD~~TS DATABASE TAI..~531101.9 DEC'lO 2 / / UPDATE THE OFFICIAL ZONING ATLAS AND THE RLSA' OVERLAY MAP , , SRA AMENDMENTS ' ' a. WAIVER OF REQUIRED SRA APPLICATION pACKAGE bo Co COMPONENT(S) APPROVAL OF MINOR CHANGEs BY THE ' ADMINISTRATOR RELATIONSHIP TO SUBDIVISION OR SITE DEVELOPMENT PLAN APPROVAL ' ' MASTER PLAN 1. MASTER PLAN REQUIREMENTS' ' 2. MASTER PLAN CONTENT DEVELOPMENT DOCUMENT DRI MASTER PLAN DESIGN CRITERIA 1. SRA CHARACTERISTICS 2. TOWN DESIGN CRITERIA [RESE£ VED] a. GENERAL DESIGN CRITERIA b. TRANSPORTATION NETWORK c. OPEN SPACE AND PARKS d. CONTEXT ZONES (1) TOWN CORE (2) TOWN CENTER (3) NEIGHBORHOOD GENERAL (4) NEIGHBORHOOD EDGE (5) SPECIAL DISTRICT 3. VILLAGE DESIGN CRITERIA [RESERVED] a. GENERAL CRITERIA b. TRANSPORTATION NETWORK PARKS d. CONTEXT ZONES (1) GENERAL (2) VILLAG~/~ER TAL~531101.9 AGEI~A ITF_M No. DEC 1 0 2003 Ko Lo 2.2.27.11. A. B. (3) NEIGHBORHOOD GENERAL ' ,(4) NEIGHBORHOOD EDGE' ' (5) SPECIAL DISTRICT 4. HAMLET DESIGN CRITERIA a. GENERAL b. OPEN SPACES AND PARKS ¢. CONTEXT ZONES (1) NEIGHBORHOOD GENERAL (2) NEIGHBORHOOD EDGE 5. CRD DESIGN CRITERIA a. GENERAL b. EXAMPLE 6. DESIGN CRITERIA COMMON TO SRAS 7. INFRASTRUCTURE REQUIRED 8. REQUESTS FOR DEVIATIONS FROM THE LDC SRA PUBLIC FACILITIES IMPACT ASSESSMENTS 1. TRANSPORTATION 2. POTABLE WATER ' ' 3. IRRIGATION WATER 4. WASTEWATER 5. SOLID WASTE 6. STORMWATER MANAGEMENT SRA ECONOMIC ASSES SMENT 1. DEMONSTRATION OF FISCAL NEUTRALITY a. COLLIER COUNTY FISCAL IMPACT MODEL b. ALTERNATWE FISCAL IMPACT MODEL MONITORING REQUIREMENT 3. IMPOSITION OF SPECIAL ASSESSMENTS 4. SPECIAL DISTRICTS ENCOURAGED BASELINE CTaxrr~anr~q PURPOSE AND INTENT APPLICABILITY OF CO~o, TALtt531101.9 A~.NOA ITEM No. DEC 1 0 2003 ALLOWABLE USES STANDARDS APPLICABLE WITHIN THE ACSc STANDARDS APPLICABLE OUTSIDE THE ACSC GOLF COURSE STANDARDS STANDARDS APPLICABLE iN FSAS, HSAS; AND WRAS OUTSIDE THE ACSC STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS, HSAS, WRAS, AND THE ACSC / / TAI_g531101.9 AGENDA ITEM No.. DEC I 0 2003 2.2.27 RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT DESIGN , STANDARDS ' ' 2.2.27.1 No chan~e. I ~ "" 2.2.27.2 DEFINITIONS. As used inthe RLSA District Regulations, the terms below shall have the meanings set forth below, to the exclusion of any meanings ascrib'ed to such terms in Section 6.3: . . 1. Accessory Dwelling Unit- a dwelling unit that'is supplemental and subordinate to a primary dwelling on the same premises, limited to 650 square feet.\ Renumber 1. (Baseline Standards) to 2. o Building Hei£ht - Refers to the vertical extent of a building. Building height is measured in. Stories. 4. ciVic and Institutional Uses - Structures developed for and/or used by esiablished organizations or foundations dedicated to public se~ice or cultural activities including, but not limited to, the arts, education, government and religion. Renumber 2. (Compact Rural Development) to 5. 6. Context Zone - An area that establishes the use, intensity and diversity Within a Town, Village, or Hamlet. Context zones specify permitted land uses, FARs, building height, setbacks, and other regulating elements to guide the establishment of the urban to rural continuum. Renumber 3. (Designation) through 13. (Natural ResoUrce Index Value) to 7. through 17. 18. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversity within the Town, Village or Hamlet. The zone is predominantly single family residential and recreational uses. The Neighborhood Edge may be use to provide a transition to adjoining rural land uses. 19. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion ora mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. 20. Neighborhood Goods and Services Zone - Zone located within Neighborhood General. This zone is intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability. Renumber 14. (Open Space) to 21. 22. Pathway - A defined corridor for the primary use of non-motorized travel. Renumber 15. (Post Secondary Institution Ancillary Uses) through 22. (Soils/Surface Water Indices) to 23. through 30. 31. Special District - An areas dedicated for certain uses that cannot be incorporated into one of the development standards not otherwise defined in a context zone. Renumber 23. (SRA) through 29. (Ste~erlay: Designation) to 32. througl TAL#531101.9 Context Zones. Special Districts provide for the inclusion of unique uses and 38.1~.OF-NbA ITEM DEC !/ 03 39. Story. - That Portion of a building included between a floor which is calculated as part of the building's habitable fibor area and the floor or roof ne~t above 'it. 40. Story., Half- The designation ora space on 'the ul3per level of a building in which the Walls at the eaves are zero to four feet. . Renumber 30. (Town) to 41. 42. Town Center - A 'defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses 'within Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. 43. Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. Renumber 31 (Village) to 44. , 45. Village Center - A defining Context Zone within a Village that is intended to provide a wide. range of uses including daily goods and services, Culture and entertainment, and residential uses. Renumber 32 (WRA) to 46. 2.2.27.10. SRA_ DESIGNATION J. DESIGN CRITERIA. 1. SRA Characteristics a. SRA Characteristics Chart bo No change to chart. Streets within SRAs shall be designed in accord with the cross-sections set forth in Figures lX.2g below, as more specifically provided in J.2 through J.5. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives. (1) Figure 1: Town Core/Center. [GRAPHIC: Figure 1] (2) Figure 2~ Town Core/Center. [GRAPHIC: Figure 2] (3) Figure 3: Alley: Town Core/Center. [GRAPHIC: Figure 3] (4) Figure 4: Town Core/Center [GRAPHIC: Figure 4] (5) Figure 5: Town Center TAL#531101.9 A~..NDA I'I'~ElVl No. DEC'-1 0 2003 [GRAPHIC: Figure 5] (6) Figur'e 6: Town Center [GRAPHIC: F~gure. 6] (7) Figure 7: Neighborhood General. [GRAPHIC: Figure 7] (8) Figure 8: Neighborhood General.. [GRAPHIC: Figure 8] (9) Figure 9: Neighborhood General. [GRAPHIC: Figure 9] (10) Figure 10: Neighborhood General. [GRAPHIC: Figure 10] (11) Figure 11: Neighborhood General. [GRAPHIC: Figure 11] (12) Figure 12: Neighborhood General [GRAPHIC: Figure 12] (13) Figure 13: Alley: Neighborhood General. [GRAPHIC: Figure 13] (14) Figure 14: Neighborhood General.' [GRAPHIC: Figure 14] (15) Figure 15: Neighborhood General. [GRAPHIC: Figure 15] (16) Figure 16: Neighborhood General. [GRAPHIC: Figure 16] (17) Figure 17: Neighborhood General. [GRAPHIC: Figure 17] (18) Figure 18: Neighborhood General. [GRAPHIC: Figure 18] (19) Figure 19: Neighborhood Edge. [GRAPHIC: Figure 19] (20) Figure 20: Neighborhood Edge. [GRAPHIC: Figure 20] (21) Figure 21: Neighborhood Edge. [G~~ure 21] ~'--- ' C~TA~53~0t.9 A~=~A ~T~ .... DEC i'0 200~ Nov 21, 2003 - 13:55:06 CWICKSTI~JX:~ENGX, O3786\OO4-'XRevO1~LDC~O3786_OO4001.dwg I Nov 21, 200~ - 14:11:05 JLIGHTELIX:~, ENG~03786~O04~ RevO 1~,LDC~,O3786-OO4002.dwg No. DEC ,I 02003 Nov 2'1, 2003 - 14:28:1 JLIC HTELIX:~ ENG~ 03786~ 004'~ Rev01'X, LDC",,,0.3786 - O04003.dw~ AGENDA ITEM NO. DEC i0 2003 Nov 21, 2003 - 14:$5:51 JLIGHTELIX:~ ENG~05786~O04~ r~vo I~LDC~ 03786-00400~,.dw~ AGENDA ITEM No. DEC: 10'2003 Nov 21, 200.3 - 14:12:49 JLIOHTELIX:~ ENG~03786X, O04~ RevO 1 ~ LDC~03786-004005.dwg AGENDA ITEM No. DEC 1 0 2003 Nov 21. 200'~ - 14:40:4~ JLIGHTEI~X:X, ENG~O5786'XOO4~RevO 1~LDC~O5786-oo4006.dwg ACaENOA ITEM DEC ".i1 0 2003 ~ov 21, 2003 14:41:12 JLIGHTEL 03786-O04007.dwq AGENOA ITEM DEC 1 0 2003 ~._ ql Nov 21, 2005 - 14:41:35 JLIGHTELIX:~ENG~03786~ O04\RevO 1~LOC~O3786-OO4008.dwg AGENDA ITEM No. DEC1 0 2003 Nov 21. 200.3 -- 14:42:33 JLIGHTELIX:~ENG~03786~O04~ RevO 1 '~LDCX, O3786-OO400g.dwg A~A iTEM DEC ! 0 7.003 Nov 21, 200,3 - 14:4-2:57 JLIGHTELJX:~ENG~03786\004'xRev01~LDC~0`3786-004.010.dwg DEC,1 0 2003 Nov 21, 2003 - 14:43:59 JLICHTEL~X:~ ENC~ 03786~O04~Rev01~ LDC~03786-004011,dwg AC, F. NOA ITEM DEC 1 0 2003 ' (22) Figure 22: Neighborhood Edge With or Without Median [GRAPHIC: Figure 22] Town Design Criteria. a. General design criteria.' (1) (2) (3) (4) Shall be compact, pedestrian-friendly and mixed-use; Shall create an interconnected street system designed to disperse and reduce the length of automobile trips~ '~ Shall offer a range of housing types and price levels to accommodhte diverse ages and incomes; Accessory dwelling units' Shall not count towards tho. maximum allowed density. Shall include school sites that are sized and located to enable children to walk (5) (6) (7) or bicycle to them; Shall provide a range of open spaces including neighborhood andc6mmunity parks, squares and playgrounds distributed throughout the commUnity; Shall include both community and neighborhood scaled retail and office uses; Shall have urban level services and infrastructure which supports development that is compact, including water, management facilities and related structures, lakes, community and neighborhood lbarks, trails, temporary_ construction, sales and administrative offices for authorized contractors and consultants. landscape and hardscape features, fill storage, and site filling and grading, Which are allowed uses throughout'the community. (8) Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least density, intensity and diversity occurring within the Neighborhood Edge; (9) Shall provide sufficient transition to the adioining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means; (! 0) Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers; and (11) May include the Context Zone of Neighborhood Edge; b. Transportation Network (1) The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. (2) The transportation network shall be designed in an interconnected system of streets, sidewalks, and pathways. Open Space and Parks TAL~531101.9 No. DEC 1 0 2003 (1) Towns shall have a minimum of 35% open space. ' ' (2) Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwelling unit in the 2'own. (3) Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each Context Zone. Context Zones. Context Zones are intended to guide the location of uses and their. intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum. (1) Town Core. The Town Core shall be the civic center of a Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with buildings positioned near the right-of-way, wide sidewalks shall be shaded through streetscape planting,.. awnings and other architectural elements. Parking shall be provided on street and off street in the rear of buildings within lots or parking structures. Signage shall be pedestrian scale and designed to compliment the building architecture. The following design criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA Development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminating vistas and significant community landmarks. (a) Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and accessory uses. Such uses may occur in shared use buildings or single use buildings. (b)The total building area within each block shall not exceed a floor area ratio of 3. (c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. (d) Civic uses per block shall not exceed a floor area ratio of 0.6. (e) Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45. (f) The density of transient lodging uses shall not exceed 26 dwelling units per Town Core ~oss acre. (g) The maximum building height shall be 6 stories. (h)There shall be no minimum lot size. (i) The maximum block perimeter shall be 2500 Ft. (i) Minimum setbacks from all property boundaries shall be 0 feet and the maximum setback from the front boundary shall be 10 feet. setback from the front boundary may be increased in order t~ TAL#531101.9 ere .~public __ DEC'I O 2003 / / spaces such as plazas and courtyards. , (k) Overhead encroachments such as awnings~ balconies, arcades and the like, ~shall maintain a clear distance Of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Core shall be' made compatible through similar massing, volume, fi-ontage, scale and architectural features. The SRA. document shall identify the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also review for compliance with the. landscape requirements. (n)The maiority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds greater than fifteen (15) square feet in size shall have a minimum of one tree. Parking is prohibited in front, of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary_ streets. Parking structures fronting on a primary_ street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at gra. de,~ including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per five (5) square feet of landscaped area. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (o) Streets shall adhere to J. 1.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. (p) Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet off-center. The five-foot minimum wide of planting area may be reduced to three (3) feet if the trees are planted in tree grates. The street tree pattern may be intern ~ted ~A TA[.g531101.9 DEC 1. 003 architectural elements such as arcades and columns. (q) General signage standards. , i. Signage design shall be carefully integrated with Site and building design to create a unified appearance for the total property. ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. iii. Signs which create visual clutter or.which block the view of signs on adjacent property shall not be permitted. iv. Creativity in the design of signs is encouraged in order t6 emphasize' the unique character of the SRA. v. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. ' vi. Signable Area: The signable area (total of all individual signs on that fa~Tade or related to that facade) of a faq:ade facing a public street or a parking lot shall be limited to 20% of the total area of the faCade. vii. Mounting height: No part ora sign which proiects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade.. viii. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adiacent properties or the public right-of-way. ix. Material: Signs shall be constructed of durable materials suitable to the sign type. The long term appearance of the sign shall be a maior consideration in the selection of materials. x. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. The following sign types shall be permitted: i. Wall -A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area - Facade width x 2.5. ii. Projecting - Any sign which proiects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area = The facade area x .05. up to a maximum of 100 Sq. Ft. iii. Window - A sign affixed to or behind a window. Maximum sign area - the area of the window with the sign x .30. iv. Hanging - A sign attached to and located below any eave, arcade, canopy or awning. Maximum sign area - 20 Sa. Ft. (two Sq. Ft. each). ~ TALg531101.9 DEC1 0 2003 v. Awning - A sign or graphic attached to or printed on an awning. . Maximum sign area - the area °fthe awning x .25. Pole - A sign mounted. at the fop of or bracketed from a vertical pole which is supported by the ground. Maximum sign. area - 24 Sq. fi faces ~ 12 Sq. Ft. each.). vii. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area- 50 Sq. Ft., exclusive 'of the base. (2 faces of 50 Sq. Ft. each). Maximum height above grade - 6 feet. viii. Marquee - A sign usually proiecting from the face of a theater or cinema which contains changeable text. to announce ex)ents. Sign 'area shall be compatible with the design of the theater building. Minimum height above grade - 10 feet. Minimum distance from curb 4 feet. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square ff (2 fac~s at 12 Sq. Ft. each. Banners - Fabric panels projecting from light poles or other structures. Maximum sign area - shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft. max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.). The folloWing sign types are prohibited: Ivi. ix. Xo (s) i. ii. Pole signs greater than 12 Sq. Ft. in area Portable or mobile signs except sandwich boards iii.Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text (except Marquee) v. Off-site signs. Billboards. (2) Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main Street area of the Town. Buildings shall be positioned near the right-of-way .. line, wide sidewalks shall be shaded by street trees and architectural elements. The follOWifig design Criteria Shall be apPlicable t° the TO~ center~ With the · exception that, as deemed apPrOpriate by the Collier county planning staff, the bUilding height, building· placement, bUilding use, parking; and Signage bf civic or institutional buildings may deviate from such standards with respect to the creation of focal points, terminating vistas and significant community landmarks: · (a) Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and ,~G~I:>s, II'~ accessory uses shall be permitted. ,The~e uses may occur in sha] TAI-~531101.9 buildings (b) The floor *exceed 2. (c) The floor (d) The floor (e) 'Th6,floor not exceed 0.45. (i3 or single use buildings, area ratio for the total building aria Within each block shall not area ratio for retail and office Uses per block shall not exceed 0.5.. area ratio for civic uses per block shall not exceed 0.6. area ratio for light in. dustrial and mhnufacturing Uses per block shall The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. (g) The maximum building height shall be 5 stories. (h) The minimum lot area shall be 1,000 square feet. (i) The maximum block perimeter shall be 2500 Ft. (i) The minimum setbacks shall be 0 ~oTM all property boundaries and the maximum setback shall be 10 feet from the front right of way line. (k) 'Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet (1) (m) above the street. '~' Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of a architectural review board. The architectural review board shall also review for compliance (n) with the landscape requirements. Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets must include sidewalks on both sides of the Street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (3) (o) Parking space requirements and design are the same as in the Town Core. (p) Landscape minimums are the same as in the Town Core. (el) Signage requirements are the same as in the Town Core. Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the ped~ environment. The following design criteria shall apply within TAL#531101.9 · DEC1 0 [ / / (f) General: (a) Residential, neighborhood scale goods and gervices, civic, institutional, parks, schools and accessory uses 'shall be permitted. (b) The maximum allowable building height shall be 3.5 StOries'. (c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall 'be allowed where a.n .alley or pathway provides through access, or the block includes water bodies or public facilities. (d) Single family residential uses shall adhere to the following: i. The minimum lot area shall be 1,000 square feet. ' ii. Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory_ dwelling unit is built. iii. Landscaping shall include a minimum of sixty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or less in area; eighty (80) square feet on lots that are greater than 3,000 square feet but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property. (e) Multi-family residential uses shall adhere to the following: i. Lots shall be a maximum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the primary structure and 5 feet for any accessory structures. iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 f~. 6 in and a maximum of 3 Ft. into side yards but no element may encroach into a iv. Non-residential uses shall adhereto the following: TA L#531101.9 side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard, Parking space requirements and design are.the same as in the Town Core. A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property. AGr_NOA m'rr=~a DEC 1 0 2003 i. All such uses shall be located at intersection comers or street ber~ds ii. 111. Vo and shall not be permitted, at'mid-block locations; If the non-residential useis a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site~ The minimum distance between non-residential rases shall be 1,000 feet, as measured along the street frontage at the right-of-way line. The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square 'feet; ~' The use shall have a minimum lot area of not less than the Size of the smallest adjacent lot. ' ' vi. The minimum setbacks shall be as follows: 0 feet from the front property boUndary, a distance from the side property boundary that is equal to the setback of the adiacent property, and a minimum of 20 feet from the rear property boundary for the principal structure and 5 feet from the rear property boundary for any accessory structures. vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front facade and the front property line. No off-street parking shall be permitted between the side fagade and the street side proPerty line for comer lots. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. General signage requirements: i. Sign Area: The area of any sign shall be the area ora rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. ii. Allowable sign Area: The allowable sign area (total of all individual signs on that facade or related to that facade) of a facade facing a public street or a parking lot shall be limited to 20% of the total area of the faq:ade. iii. Mounting height: No part ora sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade unless not in the pedestrian path. iv. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and not to glare onto adjacent prgper:ties or the public rich TAL#531101.9 -or-way. DEC 1 0 P :/03 (h) (k) (1) Prohibited Sign Types: i. i. Pble signs ' Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text including v. Marquee - A sign usually proiectin.g from the face ora theater or cinema which contains changeable text to announce events vi. Banners vii. Off-site signs, billboards viii. Signage is prohibited outSide of Neighborhood Goods and Services Zones, except as necessary within open spaces, parks, and neighborhoods for directional and area identification PUrposes. The following sign types are allowable: ii. ii. Wall - A sign affixed directly to 'an exterior wall or fence. Maximum sign area - 24 square fi. projecting - Any sign Which' proiects fi.om and is supported by a wall of a building with the display of the sign perpendicular to the building wall.. Maximum sign area = The facade area x .05. up to a maximum of 40 sq. fi. iii. Window - A sign affixed'to or behind a window. Maximum sign area - 20% of the area of the window. iv. Hanging - A sign attached to and located below any cave, canopy or awning. Maximum area - 12 sq. fi. (may be double sided) vi. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area - 20% of the area of the awning. vii. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area - 30 sq. fi., exclusive of the base. (2 faces of 30 sq. fi. each). Maximum height'above grade - 4 feet. viii. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square fi (2 faces at 12 sq. fi. each) Signage within Neighborhood Goods and Service Zones shall adhere to the following: i. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total property. Signs shall be installed in a locatiOn that minimizes :onflicts with windows or other architectural features of the buildin AOF~NDA IT'EM iii. Signs which create visual c.~r which block the vi [IEC, 1 0 TAL~531101.9 /41 ,/ ('4) adjacent property shall not be permitted i'v. Creativity in the design of signs is en~buraged in order to emphasize ' the unique character of the SRA. (m) Streets shall adhere to J.l.b and Figures 7, 8, 9, 10, 11, 12, 13, 14, 15, 1.6, .17, or 18. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. Neighborhood Edge (optional). NeighborhoOd Edge is predominately a ' single-family residential neighborhood. This zone has the least intensity and diversity within the Town. The mix of uses is limited. Residehtial lots are 3. Village Design Criteria. a. General criteria. larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: (a) The permitted uses within the Neighborhood Edge are residential, parks, open space, golf courses, schools, egsential services, and accessory_ uses. (b). Building heights shall not exceed 2 stories. (c) Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA Development Document. (d) The perimeter of each block may'not exceed 5000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities. (e) Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory dwelling unit is built. (f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property. (g) Streets shall adhere to J.l.b. and to Figures 19, 20, 21 or 22. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. (5) Special District (optional). The Special DistriCt provides for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application' for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc. AGENDA ITEM TAL#531101.9 DEC I 0 2003 ' (1) Villages are comprised of residential neighborhoods and shall' include g mixed-use village center to serve as 'the focal point for the community's ~upport services and facilities. ,. ' (2) Villages shall be ,designed in'a compact, pedestrian-friendly 'form. ' (3) Create an interconnected street system designed to disperse and reduce the length of automobile trips. , (3) Offer a range of housing types .and price levels to accommodate diverse ages. and incomes. Accessory dwelling units shall not count tOwards th'e maXimiirn allowed density. (4) Be developed in a progressive rural to urban'continuum with the greatest density, intensity and diversity occurring within the Village Center, to the. least density, intensity and diversity occurring within the Neighborhood Edge. (5) The SPA document shall demonstrate the urban to rural transition occurring, at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility / through the use of buffering, open space, land use, or other means.. / b. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. c. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District. d. Context Zones. ' (1) General. (a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. (b) Each Z°ne shall blend into the other without the requirements of buffers. (c) Villages may include the Context Zone of Neighborhood Edge. (d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. (e) The SPA Master Plan shall designate the location of each Context Zone and each Special District. The Village Center shall be designated in one location. Neighborhood General, NeighborhOod Edge and Special District may be designated in multiple locations. (f) Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establishment of the urban to rural continuum. (2) Village Center Context Zone. (a) The allowable uses within a Village Center are commercial, ~tail~ rWe.~ ' TAI~531101.9 D[ 003 (b) (c) (d) (e) (h) (i) (i) (k) civic, institutional, essential services, parks, residential and schoOls and accessory uses. Uses may occur in shared use buildings or single use buildings.. The floor area ratio of any use shall not exceed 2 for the 'total building. area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic use.s per block. Transient Lodging - 26 dwelling units per Village Center gross acre . Maximum building height - 5 Stories Minimum lot area: 1,000 SF ' ' Block Perimeter: 2,500 Ft. max Front setbacks - 0 to 10 feet from'the fight-of-way line Side setbacks - 0 feet , ' Rear setbacks - 0 feet Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) The design of civic or institutional buildings shall not be subiect to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but shall be reviewed by Collier County planning staff with perspective as these buildings creating focal points, vistas and significant community landmarks. Specific design standards shall be provided in the SRA development document. (n) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, Scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also (o) (p) i. review for landscape compliance. Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets shall include sidewalks on both sides of the street- parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. General parking criteria On-street parking spaces within the limits of the front prol~ projected into the right-of-way, shall count towards the re, number of parking spaces~'~., TAL#531101.9 uir'edAO~'uo^ ITk~ DEC 17003 p,://O7 ii. The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets). Parking is prohibited in front ofbu!ldings. iii. Parking areas shall be organized into a series of small bays delineated by landscape islands of varied s{zed. A maximum spacing between landscape islands shall be 10 spaces. L'andscape' islands .shall have a .~ ' minimum of one canopy tree. , iv. Parking lots shall be accessed from alleys, service lanes or secondary~ streets. (n)The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands'shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 5 Sq. Ft. of landscaped area, The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width, with trees planted 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (s) Signage standards within the Village Center shall comply with those provided in the Town Center. (3) Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town (4) Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. (5) Special District (optional). The Special District is used provided for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA 4. Hamlet Design Criteria development application for review by Collier County staff, TAI~531101.9 AGENDA ITEM No. DEC 1,0 003 mo bo Co / / General. (1) Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. (2) Hamlets may include the Context Zones of Neighborhood General and . Neighborhood Edge. (3) Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorPorate the community green. Open spaces and parks. At a minimum, Hamlets shall provide a public green equal to a minimum of 1% of the total Hamlet gross acreage. Context Zones. C0niext Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. (1) Neighborhood General. Neighborhood General is predominately residential' with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: (a) Uses -residential, neighborhood scale goods and services, civic, institutional, parks and schools. (b) Building height - 3.5 Stories (c) Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (d) For single-family residential uses: i. Minimum lot area: 1,000 SF ii. Setbacks and encroachments to be defined in the SRA Development (e) Document iii. Parking space requirements and desi_gn are the same as in the Town Core, with provision for an additional parking space if an accessory dwelling unit is built. iv. LandscaPing 'Minimum of 60 Sq'. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. For multi-family residential uses: i. Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. iii. Minimum side yard setbaclc.q~4,0 Ft. .a~aENl~ A ITEM No. DEC 1 0 2003 iv. Minimum rear yard setbacks - 20 Ft. for primary structure, 5 Ft. for accessory structures .' , Encroachments: PorChes, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. 6 In. These s'ame elements may encroach 3 Ft. into side yards but no ~element may encroach into a side yard such that the distance to the property line ' from the encroaching element is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any yard, vi. Parking space requirements and design are the same as in the Town Core. . vii. Lands'caping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. Non-residential uses i. Location: at intersection comer. Mid-block locations are not allowed. ii. Maximum square footage per use is 5,000. iii. Maximum square footage per location is 20,000. iv. Min. lot' area: No less than the min. lot area of the smallest adjacent xi. Streets shall adhere to J.l.b~tn.ql Fi~ures 5, 6, 7, 8, TAI-~531101.9 lot. v. Front setbacks - Equal to the smallest utilized setback of the adiacent lo._~t vi. Side setbacks - Equal to the smallest utilized setback of the adjacent lot vii.Rear setbacks - minimum 20 feet for the principal structure and 5 feet for any accessory use viii.Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage No off-street parking shall be permitted between the front faCade and the front property line. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area_ inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. AGENDA ITEM .. lh,,13~ DEC 17003 /IlD bo 14, 15, or 16. At a minimum all proposed streets must include . ' sidewalks on both sides ofthe street: parallel to the right-of-way, and a ~ 5 foot streetscape area between the back of curb and the sidewalk. (2) Neighborhood Edge. Neighborhood 'Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. .. (a) Uses- residential, parks, golf courses, schools, essential services (b) Building height - 2 Stories ~ (c) Minimum lot area 5000 square feet (d) Setbacks to be further defined within the SRA Development Document (e) Block Perimeter: 5000 feet max. The maximum may be greater if an alley' or pathway provides through access, or the block includes water bodies or public facilities. (f) Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. (h)Streets shall adhere to J.l.b and Figures 17, 18, 19, or 20: At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. Compact Rural Development a. General. (1) Compact Rural Development (CRD) is a form of SRA that will' provide flexibility with respect to the mix of uses and development standards, but shall otherwise comply with the design standards of a Hamlet or Village. (2) A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. (3) Except as described above, a CRD will conform to the design standards of a Village or Hamlet as set forth herein based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided. Example. An example of a CRD is an ecotourism village that would ha unique set of uses and support services different from a traditional resid D 2003 yillage. It would contain transient lodging facilities and services apPropriate to eco-toufists, but may not provide for the range of services that necessary to support permanent residents. .. 6.- 8. No change K. - L. No change ' 2.2.27.11 BASELINE STANDARDS [Rcscr-,.cd]: A. PURPOSE AND INTENT: These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subiect to the' transfer or' receipt of Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been , designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development fights related to these standards. Applicability of Code: Except as otherwise specifically provided in Section 2.2.27.11, those provisions of this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship credits. Allgwable Uses: The permitted, accessory, and conditional uses allowed shall be those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: 1. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall be eliminated in all FSAs, as provided in Section 2.2.27.8.G. 2. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less, as provided in Section 2.2.27.8.G. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier o County outside the boundary of the Big C _vpre~_ _ Watershed. the applic m s~~ rrr~ DEC 1 0/ 3 responsible for convening the Big Cypress Swamp Advisory_ Committee as set forth in Section' 277.42, F.S., to assure compliance wi~h Chapter 62C-25 through 62C-30, even ifputside the defined Big Cypress.Watershed. 'All access roads shall be constructed and protected from unauthorized used according to the standard.q established in Rule 62-30.005(2)(a)(1) through ('12), F.A.C. Do E 4. Asphaltic and concrete batch making Plants shall be prohibited in 'areas mapped a.q HSAs. ' Standards Applicable Inside the ACSC: RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non- agricultural clearing. ' Standards Applicable Outside the ACSC: Except to the extent superceded by G or H: ' below, the following standards shall apply to all development within those areas oft. he RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.1.4(6), F.S., and single family ' residential dwellings, unless or until such lands are subiect to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in 3.8.5.7, shall be required for all phrCels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly obsei-ve.d .on the site. 2. A minimum of 40% of the native vegetation on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or oth6r indications, first priority shall be given to preserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development: (1) Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. (2) Fencing, walls, other obstructiOns, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. (3) Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat management plan shall also incorporate the following: TALg531101.9 AGENDA ~TEM DEC 1 0 2003 / do (1) (2) a description of the techniqures used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified' in 1 and 2 above, as applicable; identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain ill'e- adapted preserved vegetation communities and provide browse for white- tailed deer, consistent with the UFWS South Florida Multi. Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC;. and (3) if the development will be larger than 10 acres, a monitoring program. c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South Florida Multi-Species Recovery Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. (4) Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utlizes the site or the site is capable of supporting and is likely to support such species: (1) Gopher tortoise: For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adiacent gopher tortoise preserves. (2) Florida scrub jay: Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation shall be developed. These requirem TAL//531101.9 ~nts sl~vzlo^ DECI 2003 be consistent with the UFWS South Florida Multi-Species Recovery Plan, .May 1999. ' " . . (3)Bald eagle: For the bald eagle (H~liaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address ~restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. (4)Red-cockaded woodpecker: For the red-cockaded woodpecker Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to 'minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize' on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. .. (5)Florida black bear: In areas where the Florida black bear (Ursus americanus floridanus) may be present', the management plans shall require that garbage be placed in bear-proof containers, at one o'r more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black 'bear shall be considered in the management plan. ' ' (6)Panther: For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered fi.om the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis may change the requirements contained in · herein and any such change shall be deemed consistent with this Code. F. Golf Course Standards. Except as otherwise rebuired by G or H below, all golf courses within the RLSA District that are not within an SRA shall be subject to the following requirements: 1. Golf courses shall be designed, constructed, and managed in accordance With Audubon International's Gold Signature Program. The project shall demonstrgIe that the Principles for Resource Management.r..e_ouired by the Gold Signatu: e prat, lrr.~" DECI 2003 (Site Specific Assessment, Habitat Sensitivity,. Native and Naturalized Plants and. Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design)have been incorporated into the golf course's design and operational procedures. In addition to addressing th~ese requirements, golf courses shall meet the following specific criteria:. a. In order' to prevent the contamination of soil, surface water arid ground water by the materials stored and handled 'by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of En{'ironmental Protection, May 1995. ' b. To protect ground and surface water quality from fertilizer and pesticide usage,' golf courses shall demonstrate the following management practices: (.1) The use of slow release nitrogen sourcesl (2) The use of soil and plant tissue 'anfilysis to adjust timing and amount of fertilization applications;. (3) The 'use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide apPlications with the timing and application of irrigation water; (5) The use of the procedure contained in IFAS Circular 1011, Mana£in~ Pesticides _(or Gol_[' Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4'and its policies; c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-ra~ed walls shall be limited'io 2~Ath*~J~ DEC II1 shoreline. Credits to the site preservation area requirements, on an acre- to, acre basis, shall 'be given for littoral shelves' that exceed these littoral shelf area requiremqnts. .. G. Standards Applicable in FSAs, HSAs, and WRAs that are Outside of the ACSC. The ' provisions of Divisions 3.8, 3.9, and 3.11 in effect as of November [ ,], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site cleating hnd alteration shall be limited to 20% 'of the property a~d nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected .or uncollected, in a manner' approximating the naiural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. H. Standards Applicable to Wetlands Outside of FSAs, HSAs, WRAs, and the ACSC. Wetlands located outside ofFSAs, HSAs, WRAsl and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in E.2 above shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unifed Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydoperiod of preserved wetlands on or offsite and detention and control elevations o shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January_ 2001. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in Division 3.9.5.3.B.1 of this Code. 7. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. Appropriate buffering shall be provided to separate r)reserved wetlands land uses. A minimum 50-foot vegetated ~uplaxtd~ buffer is required adia ...... ~ ~,¢.,'~,.'DA ITEI~ ent to a DEC. 1 , 1 03 natural Water body and for other wetlands a minimum 25-foot vegetated upland buffer adiai:ent to the wetland. A structural buffer, ,consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers 'shall conform to the following standards: ' I a. The buffer shall be measured landward from the'approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. ' Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted.. c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to.be compatible with wetland functions and a~e allowed within the buffer: . [ (1) Passive recreational areas, boardwalks and recreational shelters~ (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related 'open space activity or use which is comparable in nature with the foregoing uses. 9. Mitigation Requirements: Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic p!ant_maintenance; or by appropriate ownership transfer to a state or federal agenCy along with sufficient funding for perpetual management activities. 10.Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate cOmPliance with paragraphs 9.a through 9~c above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 9 above, the CounW shall require mitigation exceeding that of the jurisdictional agencies. 11. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit DevelopmenI tpT rr~ these areas shall also be depicted on the. PUD Master Plan. These ar, i~s sh{l~lt~ TAI 531101.9 DEC maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 8.d above. /,/ TALg531101.9 AC-:-:i~'~I:) A ITEM ,,.: / / .9 _ 12/1/03 DRAFT TAB D SECTION 2.2.30 NRPA OVERLAY TAL#531102.3 AGENDA ITEM No. DEC 1 0 2003 ! 2/1'/03 DRAFT, SEC. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT Ct'mPA) 2.2.30.1 PURPOSE AND INTENT: The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected,. intact, and relatively unfragrnented habitats, which may be important for these listed species, and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include maior wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisitiOn efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlyin~ zonin~ district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. ,/ /_A. NRPA OVERLAY AREAS. NRPAs are located in the followine areas: / 1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development); ' 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meadel 4. South Belle Meadel 5. South Golden Gate Estates. [Insert NRPA map] B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending Lands and are further subject to the provisions, conditions and standards set forth in Section 2.2.272.4. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to othe~ identified "receiving" lands pursuant to eth specific provisions set forth in Section 2.6.39. of this Code.. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the following standards: 1. _Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Section 3.9.4.3. 2. Permitted and conditional uses for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth in Sections 2.2.17.2.A., B, and C, respectively.. For privately owned lands within a NRPA within the RFMU District, conditional uses shall be those as set forth in the RFMU District (Section 2.2.2 V2.4.).... TAL#531102.3 permitted and ipnrt~no T ~,4~ ~ DEC 10 3 o o For privately owned lands within a NRPA and designated Estates, permitted and conditional rises shall be those as set forth in the Estates Designation Within the Golden Gate Area Master Plan. As these'privately 'owned Estates Designated lands are acquired for conservation purposes, the Comprehensive Plan. and will be amended to change the Designation to Conservation and' the property wi!l be rezoned to .the CON district. There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU District. Eight (8) of. these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lo.ts, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to CON District. Until such time as the designation on these lands is change to CON District, permitted and conditional uses for these privately owned lands shall be those set forth in underlying zoning district. TA L~531102.3 AGENDA ITEM No. DEC 1 0 2003, TAB E , 2.2.31 NBM OVERLAY 12/1/03 DRABTr TALg531103.2 AGE~A ITE¥ DEC, 1 0 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMo) 2.2.31.1 PURPOSE AND INTENT 2.2.31.2 GENERAL LOCATION 2.2.31.3 APPLICABILITY 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS A. TRANSPORTATION ' B. BUFFERING C. GREENWAY ' 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEWING LANDS B. NEUTRAL LANDS ,/ 12)1/03 DRAFT 2.2.31.1. 2.2.31.2. 2.2.312. 2.2.31.~. T^L#531103.2 No. DEC 1 0 2003 TAL~531103.2 AGENDA ITEM DEC1 0 2003 ,~..'/,~& Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) , 2.2.31.1 PURPOSE,AND INTENT. The North Be.lle Mead& Overlay (q'"rBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including en~dfi, ngered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection' and the relationship between this area and the Estates developing ar°und the NBMO. "' 2.2.31.2. ESTABLISHMENT OF NORTH BELLE MEADE ZONING OVERLAY DISTRICT. In order to implement the North Belle Meade provisions of the GMP, an NBMO, to be designated as "NBMO" on the Official Zoning Atlas, is hereby established.' The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2½.) 2.2.31.3 APPLICABILITY: A. NBMO Receiving Lands. Permitted, conditional, and accessorg uses within NBMO Receiving Lands shall be as set forth in Section' 2.2.2½.2, except as provided in 2.2.31.5. All other provisions of.this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Divisions 3.9 and 3.11,.shhll' only be applicable to development in NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. B. NBMO Neutral Lands. Except as otherwise specifically provided in 2.2.31.4 and 2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section 2.2.2½.3. C. NBMO Sending Lands. Except as otherwise specifically provided in Section 2.2.31.4, all development with NBMO Sending Lands shall be consistent with Section 2.2.272.4 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION: As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections.21, 28, or..27 of the NBMO, the following transportation related improvements and planning Md design elements shall be addressed and provision made for their completion to the eXtent such improvements are necessitated by the develoPment. 1. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. " A~, TAL#531103.2 2. As an alternative to 1 above, a haul road along an extension of Wilson Boulevard ' shall be iinproved to standards sufficient', in the 'opinion of County transportation staff, t9 safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. . 3. Lands required for the extension of Wilsc~n BOulevard will be dedicated to Collier County at the time of rezoning. The right-of-way 'shall be 'of a sufficient size to 'accommodate collector road requirements. 4. All new roads and road improvements,' other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; b. be designed with aquatic species corssings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Flroida Fi'sh and Wildlife Conservation Commission criteria. BUFFERING. The western 1/4 of Sections 22 ahd 27 shall be buffered fi.om the NBMO NRPA to the east by a buffer preservation that includes all of the eastern ½ of the western 1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the, Wilson Boulevard extension road right-of-way and the NRPA. Ce GREENWAY. A Greenway that follows natural flowways, as contemplated in the, Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a .condition to the creation of TDR Credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Density: a. The base density in RFMU Receiving Lands, outside of a Rural Village is one dwelling unit per five (5) gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 1999. b. This density may be increased, through TDR Credits, up to a maximum of 1 dwelling unit per gross acre. c. Once a density of 1 dwelling unit per [,,ross acre 'is achieved through TDR Credits, additional may be achieved as follows: (1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site; (2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitiation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. The earth mining operation and asphalt plant uses that currently exist v Receiving Lands may continue and may expand as follows: TAL#531103.2 [thin NBMQ AGE~NDA ITEM DEC 1 a. Until June 19, 2004, or such other date as the GMP is amended to provide,, such uses may' expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. b. Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or such other date as the GMP is amehded to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine ,operator, for an east-west connector roadway between County Road 951 and and the Wilson Boulevard extension; or (2) the mine operator commits to construct a priv.ate haul road by June 19, 2006 or such other date as the GMP is amended to provide, without the use of any public funds.. c. If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. 3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for Rural Village set forth in Section 2.2.2½.2.B, except as follows: a. Density. A NBMO Rural Village shall~have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through base density, TDR and Bonus Credits, as provided in Section 2.2.2½.2.B.3.b. (2) Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3'} dwelling units per gross acre through any one or combination of the following: (a) TDR Credits; (b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on- site; (c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adioining a NRPA that is dedicated to a public or private entity for conservation use. b. Sidewalks shall be required on both sides of the streets. c. Interconnected bike lanes shall be provided on all collector and arterial roadways, d.. Schools shall be located within a NBMO Rural Village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. TALg531103.2 AGEI~A ITEM No. e. ' Elementary sChools shall be accessible by local streets and pedestrian and ,bicycle facilities and shall be located in or Mia'cent to the Rural Village Center, provided that ~local streets provide access, adequate to me'ets the needs of the School Board. B. NEUTR:AL LANDS. Neutral Lands sha'll be governed by the standards set forth ,in Section 2.2.2½.3, with the e.xception that, in thOse Neutral Lands located in Section 24, Township 49 South; Range 26 East, a minimum of 70% of the na[ive vegetation present shall be prese~ed... TALg531103.2 A~A ITE~ DEC 1 0 2003 12/1/03 DRAFT, TAB F ,, 2.6.9 ESSENTIAL SERVICES TALg531126.3 AGENDA ITEM No.......__._..- DEC 1 0 2003 2.6.9 2.6.9.1. A. B. C. D. E. F. ESSENTIAL SERVICES 12111103 DRAFT PERMITTED ESSENTIAL SERVICES PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS 'EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS ADDITIONAL PERMITTED ESSENTIAL S, ERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL' AND ESTATE ZONED DISTRICTS ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL ZONED DISTRICTS ' ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS 2.6.9.2 CONDITIONAL USES A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS,'CON DISTRICTS, NRPAS, HSAS, AND FSAS B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL LANDS 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES 2.6.9. Essential Services: Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: potiee law enforcement, fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, natural gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are =l!.cwzd in fc,!Ic:;'Lng .ccndit:.ens authorized as follows: 2.6.9.1 Permitted ~s Essential Services. Pemfitted Essential Services in All Districts Except CON Districts, Sending Lands, NRPAs, HSAs, and FSAs. TAL~531126.3 .The followin ~~1~ DEC 1 services are allowed as permitted uses in all zoning districts, 'except .as. specifically prohibited herein for Conservation, RFMU District Sending Lands, and RLSA HSAs, NRPAs,. and FSAs: a. Ir. e;'e."'~' .~ ...... r, ........ 1-. ,,~Water lines and, sewer lines,i ' ' 2_. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this .code and regulated under applicable federal and state law; . 3-. tTelephone lines, telephone switching stations, and cable television lines.; 4-. Communication Towers, limited to those providing wireless emei'g~ncy telephone service, subiect to all applicable provision~ Section 2.6.35 of this Code.~ 5-. e_Electrical transmission and distribution lines, substations, and emergency power structures; 6-. sSewage lift stations, and water pumping stations; 7_ eEssential service wells (including extraction facilities, and requisite ancillary facilities,)i and 8. _a,~.ny other wells which haVe been or will be permitted by the South --Florida Water Management District or the Florida dD_epartment of eEnvironmental pProtection either prior to or subsequent to the e~'ective 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 e;',.~'" ; ~;~+.~,.+. ~ If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the eCounty's well permit application process, shall post sign(s) at the {~C'-ounty's proposed well site(s) and shall provide written notice that t'~e 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 eCounty, including, if applicable, the times and places of the permitting agency's scheduled public hearings; Permitted Essential Services in CON Districts, RFMU Sending Lands, NRPAs, HSAs, and FSAs. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs and within designated Habitat Stewardship Areas 0-ISA) and 'Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to th~ limitations set forth in 2.2.27.11. B.2, the following essential services ar~ permitted: a. Private wells and septic tanksl b. Utility lines, except sewer linesl c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned centra No._ ...... providing service to urban areas and/or the Rural Transition Water. and Sewer District; and, d. Water pumping .stations necess'ary to serve a publicly owned or privately owned central water system providing service to urban areas and/or the Rural Transition Water and Sewer District. Additional Permitted Essential Services in Commercial arid Industrially Zoned Districts.. In commercial and industrially zoned districts-.., in'addition to the ~ssential Services identified above in Section' 2.6.9.1, ohhe~ governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, tc the ~.,,~, .~.~ c...:~;,.,.. ~.~..i~ :~ rzqUirzd by ! ...... ~ ........ ... ...~,.....~....,~"*:'-*' shall be considered a permitted essential service. Additional Permitted Essential Services in the Agricultural and Estate Zoned' Districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in SeCtion 2.6.9.1.A., the following governmental services and. facilities shall be considered permitted essential, services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. Additional Permitted Essential Services in the Agricultural Zoned District: In the a~,ricultural zoned district, in addition to, the Essential Services identified above iu Section 2.6.9.1.A., safety services, 'land other government services,' necessary to ~)romote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. ~Additional Permitted Essential Services in Residentially Zoned Districts. In residentially zoned districts, in addition to the essential services identified above in Section 2.9.6.1.A.,-'. neighborhood parks shall be considered a permitted essential service.,.. 2.6.9.2.Conditional uses. The following uses require approval pursuant to section 2.7.6-:4_.s conditional uses: Conditional Essential Services in Every Zoning District Excluding the RFMU District Sending Lands, Conservation zoned lands, NRPAs, and RLSA designated HSAs and FSAs: In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU District Sending Lands, Conservation zoned lands, and NRPAs, the following uses shall be allowed as Conditional Uses: 1_. ~Electric or gas generating plant~i 2_. ~Effiuent tanl~,~ 3. ~,l~ajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, ~/~.~ ~. ~+ ~l~+,q 4_ hHospitals and hospices; and, water a.er~ic.n er .......... r ..... 5_. f,~_ovemment facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services., - A~A ITEM 2.~.9.!., ef'~uJs cc~*. TAL#531126.3 DEC 1, Bo Conditional Essential Services in RFMU Sending Lands, NRPAs, conSe~atio.n zoned districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, Conservation zoned diStricts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in 2.2.27.11..B.2, in addition to the essential services identified as allOwed conditional uses in Sectio- 2.6.9.2.A. above, the following additional essential services are allowed a~ conditional uses: 1. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban area~ and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing fights-of-way or' easements; 2. Safety SerVices limited to law enforcement, fire, and emergency medical services. Additional Conditional Uses in Residential, and Estate Zoned Districts, and in RFMU Receiving and Neutral Llands: In residential, agricultural, and estate zoned distficts~ and in RFMU Receiving and Neutral Lands, in addition to those essential services identified as conditional Uses in Section 2.6.9.2.A., above, the. following Essential Services shall also be allowed as conditional uses: 1. ~Regional parks and community parks,i 2. Public parks and public library facilities; 3_.:. sSafety service facilities~i 4_ o~ther similar facilities, except as otherwise specified herein. 2.6.9.3 of Structures: 1_. COnditional Uses that Include the installation Under *h: .... ~..*;,-~ wWhere structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the dist~ct surrounding and nearby existing and future uses. 2. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on, wildlife and wildlife habitat. 2.6.9.~3. 8~.,:c~.:.-v.: *' .........:~, -~*;-,;*;~ Essential services shall not be d-"eemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. TALg531126.3 AGENDA ITEM No. DEC 10,2 03 12/1/03 DRAFT TAB G , 2.6.35 COMMUNICATIONS TOWERS ,/ / TALg531104.3 A?~_hDA ITBQ No. DEC 1 0 2003 2.6.35 COMMUNICATIONS TOWERS. 2.6.35.1 PURPOSE' AND INTENT 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE. 12/!/03 DRAFT 2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS B. C. D. MOUNTED TOWERS BIRD DIVERTER DEVICES HABITAT LOSS SECURITY LIGHTING 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE. ,, 2.6.35.6.12. TOWER LIGHTING A. TOWERS AND ANTENNAS EXCEEDING 150 FEET. B. TOWERS EXCEEDING 199 FEET 2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE 2.6.35.8.1. CO-LOCATED FACILITIES 2.6.35.8.2. NEW TOWERS OR ANTENNAS 2.6.35.8.3 SUFFICIENCY NOTICE 2.6.35.8.4 DEFAULT APPROVAL 2.6.35.8.5 WAIVER 2.6.35. Communications towers. TALg531104.3 A~A ITEM No. DEC 1 0 2003 2.6.35.1. Purpose and intent. This. section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/ox disturbance in siting and desiring new towersl and to consider the concerns' of the Collie, Mosquito Control District as ~0 low flying mosquito 'control aircraR safety. 2.6.35.2 through 2.6.35.5.8. No change ' ' 2.6.35.5.9 Migrator Birds and other Wildlife Considerations. / / lA..Ground Mounted Towers. Except to the extent not feasible for the respective new ground - mounted tower's intended puroose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antermas, but' will not exceeo ~ height of one hundred and ninety-nine (199) feet above natural grade, exclusive of ~ntennas, should not be guyed. If the applicant proposes that a new ground mounted t-ewer within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower.. B. Bird Diverter Devices. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive o I' ~antennas, shall have installed and maintained bird diverter devices on each guy wire (to ~-educe injuries to flying birds). C. Habitat Loss. In addition to the requirements in Division 3.9, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within thc, ~ower footprint. At such sites, road access and fencing, to the extent feasible, shall ~tilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. D. Security. Li£hting. When. feasible, security limhting to protect on-ground. facd~t~es/eqmpment shall be 'down;shielded to try to keep Such light within the outcnnout ~eographic boundaries of the tower s.footorm .._ 2.6.35.6.1 through 2.6.35.11. No change TALg531104.3 2.6.35.6.12. Tower lighting. A.._:. Towers and Antennas Exceeding 150 Feet. Towers and antennas with a hei ~t greater than 150 feet shall be required to have red beacon or dual mode lights unless :x,m~ DEC 10 2003 writing by the Collier County Mosquito Control District. Such lights shall meet the. then existing Federal Aviation Administration (FA~) iechnical standards. No other towers or antennas shall be artificially lighted~ except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall 'comply with such rules. New' Towers Exceeding 199 Feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state an~or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, .only white lights strobe lights shall be used at night, unless otherwi,se required by the FAA, in which case red strobe-type lights shall be used. Such 'lights shall not exceed the minimum humber, minimum intensity, and minimum light flashes per interval of time (reauiring th,,' longest allowable duration between light flashes) required by state or federal law, rule, o. re lation. Solid red or ulsatin red wamin li ts shall not be use~ 2.6.35.6.13 through 2.6.35.7. No change. 2.6.35.8. Wireless Emergency Telephone Service. NotWithstanding any other provisions of Section 2.6.35, the following provisions shall .apply to communications towers that provid,, Wireless emergency telephone service. "".. A. These facilities are Essential Services. B. Each applicant for these p~nnits is required to clearly inform County staff by means of an. emboldened "notice" in a cover letter or on the first page of the permit application. ~ubstantiall¥ as follows: This Application is ~u'b[ect to the expedited tirnelines specified in Chapter 365.172, Florida Statutes. C. ~pplicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require ~uch applicant proof of proper FCC licensure, and staff may request the FCC to provid~ information as to the provider's compliance with federal regulations to the ext~nt the~, ~uthorized by federal law. The County has no permitting iurisdiction with re~ard tv_ wireless communications facilities located (or to be located) on property owned by th,, ~tate of Florida, including State-owned rights-of-way. 2.6.35.8.1. Co-located Facilities. Provided the then existing zoning applicable to the pror>ose.d_ site allows E911 facilities without a need to rezone, a need to obtain conditional us~, ~pProval, lot any Other required pr0cess' ('such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co iocation of Egl 1 Service, or co-location for wireless telephone service, not later then forty ~ve (45) bUsiness days after the date that a properly completed application is initially.. s~bmitted to staff in accordance with all applicable permit application requirements i~ section 2.6.35. Co-location of such facilities on a then existing above-ground tower or oth~, hbove-ground structure shall not be subiect to the land development regulations pursuant to ~ection 163.3202, Florida Statutes, provided the height of the then existing tower o, ~tructure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building TALg531104.3 regulations, and with ali then.%°-~.~/~ DEC 10 2003 permits or agreements applicable to that tower or to the underlying property.' Nothing herein, including the forty-five (45) business days timeline; shall relieve the pemfit holde, for, or owner of, ,the then existing tower or structure from 6omplying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then app!icable law(s). 2.6.35.8.2. New Towers or Antennas. The County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of anfenna(s) for wireless. telephone service, not later then ninety (90) business days after the date that an appplicatioli that fully complies with the requirements of Section 2.6.35 is submitted, provided the then existing zonin~ applicable to the proposed site allows the E911 facilities .without need to rezone, the need to apply coiaditional use approval, or other required procedures. Provideu ~urther that nothing herein shall affect permit compliance of such facilities with applicabL federal regulations, applicable zoning and/or land development regulations {includin~ aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172, Florida Statutes. .6 .35.8.3. Sufficiency Notice. Within twenty (20) business days of receiving the permit application f-or any-facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2, staff shall ,/ in. writing notify the permit applicant whether the application is, or is not. mo~erly completed. If such pemfit application is not properly completed, staff shall' with specificity notify the applicant of any and all deficiencies,' which if cured will thereby render thy application being properly completed. Staff should also notify the applicant whether thc applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other ~related ancillary approval process ot 2.6.35.8.4 Default Approval. A. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: 1. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; 2. the County fails to either grant or deny the applied-for permit within the time frames set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicable; and 3. the applicant has not agreed to an extension of time, as provided in Section 2.6.35.8.5. B. HoWever, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond th~ County's control. In such instance, the time for final action on the appliation shall b~ extended until the next regularly scheduled meeting of the BCC. The permit shall b~ deemed to be granted if the BCC fails to take final action at that time. 2.6.35.8.5. Waiver. Extensions of the above-described applicable timelines (deadli: be effective except to the extent voluntarily agreed to by the permit apolic~ TADg531104.3 ~J nt.. ow DEC' 10 2003 exception: 'a one-time timeline waiver may be required if there then exists an' emergengy that. directly affects the' administration of all of the County's communications tower permitting activities which ~ad been formally declared by,the County', by the State of Florida, .or by thc, federal government. TAL~531104.3 DEC 1 O 2003 12/1/03 DRA,FT TAB I 2.6.39 TDRS TAL~531117.4 DEC, 1 0 2003 12/l//0a DRAFT 2.6.31. TRANSFER OF DEVELOPMENT RIGHTS 2.6.36.1 PURPOSE, INTENT, AND APPLICABILITY A. PURPOSE B. INTENT C. APPLICABILITY 2.6.36.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS , . 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS A. TRANSFERS TO URBAN AREAS B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE / 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING / LANDS 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS A. GENERAL B. COUNTY MAINTAINED CENTRAL REGISTRY 2.6.39 2.6.39.1 A. TRANSFER OF DEVELOPMENT RIGHTS (TDR) PURPOSE, INTENT, AND APPLICABILITY Purpose,;. 1. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and s_ignificant areas of habitat for listed species: and 2. To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands.. Intent: These TDR provisions are intended to accomplish the above stated purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU Sending Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. _ Ac, v.~^ TAL#531117.4 C. Applicability: These TDR p~ovisior~s, shall be applicable to those ~eas specifically identified in 2.6.39.2, 2.6.39.3, and, 2.6.39.4 below. These TDR provisibns shall not be applicable to tl-tb any transfer of development rights' within the RLSA District. . 2.2.24. ! !. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO .URBAN AREAS. An owner of land located within areas designated as ~rban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of' the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands. Tho lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands fi.om which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county 2.2.24. ! !. !. A. The development rights shall be considered as interests in real. property an-~ be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. g-.2--.34A4~. B. The transfer of developmen~ rights to be used shall be subject to all of the requirements of.the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24. ! !.3~ C. The minimum area of land eliglble for the transfer ofdevelopment rights shal-i-be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. 2.2.24.1 !.4. D. Upon the approval of the transfer of residential development rights by a super'~majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners. 2.2.2~.! !.5. E. The maximum number of residential units which may be requested for transfe"~'shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.24. ! 1.6. E_Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential uni ,s of which may be transferred to the receiving land does not exceed ten perc{ at ~ the maximum number of residential units permitted under the receiving' property's basic zoning district. For the pUrPose of determining the number of resider~tial units which a parcel of land is capable' of receiving, the following formul~ shall apply.' a_. RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density X. 10% = .1 to .5 uni,ts per acre b__:. RMF-6 district, up to'and including six units per acre: 6 units X 10% = 0.6 Units per acre c_. RMF-12 district, seven to and including 12 units per acre: ' 12 units X 10% = 1.20 units per acre dj RMF-16 district: 16 units X 5% = 0.80 units per acre e..:. RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1.30 units per acre f. PUD district: Residential tract units X 5% = permitted units per acre For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. ~ F.Procedurefor obtaining transfer of residential development rights. Any owner o~eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the board · of county commissioners, 1 Name and address of property owner of sending land. 2. Name and address of property owner of receiving land. 3. Legal descriptiOn of sending land from which transfer of residential development rights is petitioned. 4. Survey of sending land from which transfer of residential development rights AGENDA is requested. 2003 5. 'Legal description of receiving land which receives the transfer of residential. development rights. 6. Survey of the land which receives the' transfer of residential development~ fights. 7. Three copies of an executed deed of transfer of ownership of~he sending property to the county or a state or federal agency; however, the lands may be dedicate'd in fee simple to a private~ not-for-profit 'conservation'or environmental organization in accordance with F.S. § 704.06, as~ amended, with the approval of the board of county commissioners in a form approved by the county attorney. , ' 8. The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized onlY for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space, protection of critical habitat/ecosystems, or other Public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the board of county commissioners. 2.2.2d.I~. G.._~. Time 'limitations on board of county commissioners' approval of transfer of residential development rights or authorization to proceed with the processing of a building construction pea'mit. The board of county commissioners' approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act 14. H.Sequential use of residential units approved for transfer by the board of 2.6.39.3 TDR CREDITS PROVISIONS county commissioners. Upon the issuance of any permit for the construction of r~sideat!a!_unit(s) up.0n;~? re~e!x(ing.!' :.~..~ ~ .~St .--. -' 'ts resid~'i'i~l'~ btiilt thereon shall be Considered to be the residential um approved ~i~or-'~r~sfer'by t,he bo~d of coUnty-;C°mnfiSsi6nerSi'/~d tl~:.' Sacceeding residentia1 ~mits cOnstmeted.~halibeconsideted'th~ residential . units permitted under the basic zoning district regulations. FROM RFMU SENDING LANDS: GENERAL A. Creation of TDR Credits. TALg531117.4 AGENDA IT~JVI No. DEC 1 2003 2.6.39.4 TRANSFER OF DEVELOPMENT RIGHTS LANDS TO NON-RFMU RECEIVING AREAS 1. TDR Credits are generated from RFMU Sending Lands at a rate of 1' TDR Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming iots or, parcels of less than 5 acres that 'were in existence as of June 22, !999, at a rate of 1 TDR Credit per legal non-conforming lot or parcel.. 2. For lots and p__~_rcels 5 acres or lar erggr,3~ number of TDR Credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR Credits generated. Where the number of TDR Credits thus calculated is a fractional number, the number of TDR Credits created shall be rounded to the nearest 1/1.00th. TDR Credits from RFMU Sending Lands may be transferred into Urban the Urban Residential Fringe, and RFMU Receiving Lands, as provided in Sections 2.6.39.4 and 2.6.39.5. Prohibition on Transfer of Fractional TDRs. While fractional TDR Credits may , be created, as provided in A above, TDR Credits may only be transferred from RFMU Sending Lands in increments of whole, not fractional, dwelling units. Conse uentl fractional TDR Credits mustbea e ated to form whole units before the can be utilized to increase d~ther non-RFMU Receivin Areas or RFMU Receiving Lands.,, Prohibition on Transfer of Development Rights:, 1. TDR Credits shall not be transferred from RFMU Sending Lands where a conservation easement or other similar development restriction prohibits the residential development of such property. ' 2. TDR Credits shall not be transferred from~Lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty- five (25) years after such clearing occurs... FROM RFMU SENDING A. Transfers to Urban Areas... Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for proiects qualifying under this residential infill ~i~0visibfiS~of th~FUtUre-Lafi~d-USe Eleinent Density Ratih~ S~t~iii;:Siib]~t':t~ ..... the applicable provisions of Divisi°n -2-.7'-: of this Codei and the followinl~ -conditiOn~:.. -~. -'. "' a. The project is 20 acres or less in size.; b.At time of development, the project will be served by central public water and sewerl c. The property in question has a site development plan in co~ w..t~_vNO~, adiacent orooerty; ~---~ ~ ~'- T^L#$3111'7 4 ~ / ,/ /2.6.39.5 TRANSFERS FROM RFMU SENDING .. LANDS. A. Maximum Density on RFMU Receiving Transferred from RFMU Sending Lands. 1. The base residential density allowable 2.2.2½.2.A.2.a. and 2.2.2½.2.B.3.a. 3.6.39.6. d. There is no common ownership with any adjacent parcels: and e. The parcel in question was not created to 'take advantage of the in-fill residential density bonus and was Created prior to the adoption of thi~, provision in the Growth Management Plan on January 10i 1989. f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU Sending Lands. Site Plan or Plat Approval. 2. Developments which meet the residential infill conditions a through e above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling 'unit per acre by transfexting that additional density from RFMU District Sending Lands: Transfers to the Urban Residential Fringe. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundary into lan& designated Urban Residential Fringe at a rate of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.~ dwelling units per acre to 2.5 dwelling unit per gross acre,,., LANDS TO RFMU RECEIVING Lands When TDR iCredits are shall be as provided in sections 2. The density achievable through the transfer of TDR Credits into RFMU _Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(1) outsidu of Rural Villages and Section 2.2.2½.2.B.3.b and c.(1) inside of Rural _Villages. Remainder Uses After TDR Credits are Transferred from RFMU Sending Lands. Where development rights have been transferred from RFMU District Sending Lands, such lands may be retained in private ownership and may be used as set forth in Section 2.2.2½.4.B. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS. A. General. The transfer of TDR Credits from RFMU Sending Lands does not require the approval of the County. However, those developments that utilize such TDR Credits are subiect to all applicable permitting and av0rova! requirements of this Code, including but not limited to those applicable to site. development plans, plat avl~rovals, PUDs, and DRIs. B. County-Maintained Central TDR Registry. In order to facilitate the County's monitoring of the TDR Program, the County shall serve as the central regi~h ¢ of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale and purchasers seeking TDR Credits. No TDR Credit TALg531117.4 DE '0 2003 generated from RFMU Sending Lands may be utilized to increase density in any. area unless'the following procedures are complied w!th in full. 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Rending Lands. TDR Credits shall be deemed to be severed &om RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the o County and recorded. A TDR Credit Certificate shall be provided by the County upon submission of the foll0winR: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; , b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits fi.om the RFMU Sending Lands, such Sending Lands were not subiect to a conservation restriction or other development restriction that prohibited residential development; c. a legal instrument, prepared in accord With the form provided by the County, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Section 2.2.2~.4.B; and d. a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands fi.om which the TDR Credits were generated, unless the RFMU or non-'R:FMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands fi.om which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities, ................ .., ............. No application for a site development plan, subdivision plat, PUD, or DRI, where such development will utilize TDR Credits from RFMU Sending Lands, shall be approved until the developer submits the following: a documentation that the developer has acquired or has a contract to acquire all TDR Credits needed for the development; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. [The CCPC recommends that this fee be established at the earliest possible time.1 The approval of any development that will utilize TDR Credits from RFMU Sending Lands Shall be conditional if, at the time of Such approval, the developer has not Yet acquired full ownership and control of all TDR Credits needed for the development and/or the TDR Credit.Certificates for all TDR Credits needed for the development have not yet been recorded. The ~leveloper shall have 120 days after the date of such conditional approval to provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and to record the TDR Credit Certificates for all such TDR Credits. If such documentation is not provided within 120 days, the approval shall be null and void. If such documei' provided within said 120 days, the ~pl~.m_~va_l shall become final. 2003 ,/ TALg531117.4 DEO' 1 0 2003 - 12/1/03 TAB J 2.6.40 ' DENSITY BLENDING I AGENI:)A ITEM "9 N(~ ,. ~,./o"/~ .. TALg531105.2 //I i 211)/03 DRAFT 2.6.40 DENSITY BLENDING 2.6.40.1 PURPOSE 2.6.40.2 CONDITIONS AND LIMITATIONS A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS B. PROPERTIES STRADDLING RFMU SENDING,LANDS C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT 2.6.40.DENSITY BLENDING 2/.6.40.1 Purpose: In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddlv the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in ~xistence and either owned or under contract for purchase by the applicant as of June 19, ~2002, or the Urban and Rural Designation as provlded for in the hmnokalee Area Mastes ~lan, the allowable gross density in aeereeate (and intensity in the case of those lands identified as eligible in the Immokalee Area Master plan) may be distributed throughout thc project, regardless of whether or not the density'or intensity allowable for a portion of thc project exceeds that which is otherwise permitted by the Future Land Use Element o,' Immokalee Area Master Plan as the case may be, subject to the conditions and limitations set Forth in 2.6.40.2 2.6.40.2. Conditions and Limitations; A. Properties Straddling RFMU Receiving or Neutral Lands: Density blending between properties straddling either the Urban Residential Subdistrict or Urban Residential Fring,, Subdistrict and either Neutral or Receiving Lands within the RFMU District is pemfitted, subject to all of the following conditions and limitations: 1. The project straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. 2. The project in ag_m'eeate is at least 80 acres in size. 3. At least 25% of the proiect is located within the Urban Mixed Use District. 4. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interhss provisions for sewer and water are authorized by Collier County. 5. The project is currently zoned or will be rezoned to a PUD. 6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is to be located on impacted lands, or the development on the site is to be lc to preserve and protect the highest ct~tive vegetation and/or habitat TAI-~531105.2 DEC KO 2003 to'maximize the connectivity of such nativ, e vegetation and/or habitat with adiacen,t preservati6n and/or habitat areas. 7. The entire proiect shall meet the. app, licable preservation standards of the RFMU District as set forth in Section 3.9:4.3.A. These preservation requirements shall b~. calculated based uPon, and apply to, the total pi'oiect area.. B. ProPerties Straddling RFMU Sending Lands: Density blending betWeen properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted subiect to all of the following conditions and limitations: ' 1. The proiect straddles the Urban Residential Fringe Sub-District and the RFMU District Sending Lands._ , 2. ~'he proiect in agm'e~ate is at least 400 acres... . 3. At least 25% of the proiect is located within the Urban Residential Fringe Sub- District.. 4. The proiect must extend central water and sewer (from the urban designated portion of the proiect) to serve the entire proiect; unless alternative interim sewer .and water provisions are authorized by Collier County; and. / 5. The Project is currently zoned or ~will be zoned t'UD.: 6. The density to be shifted to the RFMU District Sending Lands shall be located on / impacted or disturbed lands, or shall be located so as to preserve and protect th~ highest quality native vegetation and/or habitat with adiacent preservation and/o, habitat areas. 7. Native vegetation shall be preserved as follows'.. a. As identified in Section 3.9.4 in those portions of the Proiect to be located in the Urban Residential Fringe Subdistrict.. b. I-n those portions of the Proiect to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the area of the Proiect designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but resulting wetlands functions, including functions relating to habitat and flowways, aru enhanced, such wetland areas shall be credited toward satisfaction of the nativ,~ vegetation preservation requirements and shall not be considered impacted. These ~vetland areas may be used for water storage provided that the water discharged these areas is pre-treated. 8. Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). C. Properties Straddling the Immokalee Urban Area and the RLSA District: Density and Intensity Blending betWeen properties straddling the Immokalee Urban Area and RLSA District shall be permitted, subiect to all of the following conditions and limitations.'. 1. The proiect in aggregate must be a minimum of 200 acres in size. TAL~531105.2 AGENDA rrEM No. DEC 1 /1,5'3,,, 2. 'The lands from which density and/or blending are shifted muSt be within the lmmok/dee Urban Area must be designaied Rec,re. ationaVI'ourist District. 3. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FLUccs Code designation of Group 1 or Group 2 and an I-ndex Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Density and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index V, alue (as measured above), on an acre per acre _basis, to lands within an SRA having an Index Value of 1.2 or less. " 5. Lands from which the density and/or intensity has been shifted,' shall be placed in a conservation easement in perpetuity. ' , TAL#531105.2 AGENDA ITEM DEC1 0 2003 TAB H 12/1/03 DRAFT, 3.5.11 LITTORAL SHELF PLANTING AREA TA Lg531106.2 DEc 10 2003 ! 2/1/2003 DRy, FT Sec. 3.5.11 Littoral Shelf Planting Area,(LSPA). Sec. 3'.5.il Littoral Shelf Planting Area (LSPA). Th~ purpose and intent of.a littoral shelf Planting area (LSPA).is to establish a planted area within an excavated lake serving as'a .wet detention pond as part of a. stormwater management system that will support wetland plants,, improves the water quality within the lake and provides h~bitat for a variety of aquatic species including wading birds and other waterfowl. ~ Contained within ~ such a l'ake, this area .will typically function as a freshwater marsh. Accordingly, the following requirements have been.. established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. 3.5.11.1 Design Requirements. 3.5.11.1.1 Area ReqUirements. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: Rural Fringe Mixed Use District - Reggr','c~ 30 percent. This requirement may be. a. /reduced sub'ect to the incentives identified in Section 3.9.5.B.2; b./All other areas -7 percent. 3.5.11.2 through 3.5.11.3 No change .. 3.5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt from the LSPA requirements. Lake excavation activities subject to the Resource Extraction Recla~nation Act (Ch. 378, part. IV, Fla. Stat.) shall be exempt from the LSPA requirements but shall otherwise be required to follow the mine reclamation requirements required in Section 3.5.7.6._Exempted lake excavations that are modified to allow the lake to function as a wet detention ond as art of a stormwater mana ement s stem shall no lon er be exem ted from this section and shall meet the standards contained herein at the time of modification.. TALg531106.2 AC~.NDA ITEM DEC 10 2003 ? 12/1/03 DRAFT TAB K " 3.8 ENVIRONMENTAL IMPACT STATEMENTS, ,/ ,/ AC~.NDA ITEM No. DEC 10 2003 DIVISION 3.8. EN~IRONMENTAL IMPACT,ST&TEMENTg (ELS)* 3.8.1 TITLE AND CITATION 3.8.2. PURPOSE , 3.8.3 3.8.4 3.8.5 3.8.5.1 3.8.5.2 / 3.8/5.3 APPLICABILITY SUBMISSION AND REVIEW OF ElS INFORMATION REQUIRED FOR APPLICATION APPLICANT INFORMATION MAPPING AND SUPPORT GRAPHICS PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION 3.8.5.4 NATIVE VEGETATION PRESERVATION " 3.8.5.5 WETLANDS 3.8.5.6SURFACE AND GROUND WATER MANAGEMENT 3.8.5.7LISTED SPECIES 3.8.5.8OTHER 3.8.6 ADDITIONAL DATA 3.8.7 RELATION BETWEEN EIS AND DRI 3.8.8 EXEMPTIONS 3.8.8.1 SINGLE FAMILY OR DUPLEX USES 3.8.8.2 AGRICULTURAL USES 3.8.8.3 NON-SENSITIVE AREAS 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 3.8.8.5 NBMO RECEIVING LANDS TAIJ531108.4 / 12/1/03. AG~hlDA IT~c.M DEC l0 2003 3.8.9 FEES 3.8.10 APPEALS Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) 3.8.1 No change. Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental . quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the / environment, to encourage projects and developments that will: · ' ~.A.__Protect, conserve and enhance, but not degrade, the environmental quality and resources / of the particular project or development site, the general area and the greater community. '~ ~.B.Minimize the future reduction in property values likely to result, or be caused by --improperly designed and executed projects and developments. 3:.C. Reduce the necessity for expenditure of public funds in the future for rehabilitating the --environmental quality of areas of environmental sensitivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 3.8.3. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an ElS, or exemption pursuant to section 3.8.98, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration Shall be issued to cause the development of or site alteration of: 3.8.3,1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more 2 res.no. TAL,//531108.4 AC.~=]qOA IT~J~ DEC 10 2003 3.8 ·3.4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have, substantial environmental impact the development services director shall base his decisiOn . on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 3.8·4· Submission and review of EIS. A completed EIS, d~o;.-.,~.~ .... * in written and digital format, shall be submitted to development services director for apprOval, denial or approval with modifications. No development of site alteration will be started without'this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic, . credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of / Florida, of ecological or biological professional experience if substituting for academic /'credentials. Sec. 3·8·5. Information required for application. 1 General ~'~: ..... TAL#531108.4 AGENDA No. DFC 1 0 2003 TAL#531108.4 AGF. NOA ITEM No. DEC 1 0 2003 AGENOA IT~r_.M No. 2003 3.8.5. l Applic~t information: A. Responsible person who wrote the ElS and his/her education and job related environmental experience. B. Owner(s)/agent(s) name, address, phone number & e-mail address. 3.8.5.2 A. B. Mappine and support graphics;. , ' General location map. ' ' Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go On to adjoining properties. Habitat identification consistent with the , Florida Department of Transportation Florida Land Use Cover and Forms Classification ,/ / S~ystem (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the r>roiect, prOvided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. ~. C. Topographic map, and existing drainage pattems if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. F. Development plan including phasing pro~ram, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighborin.e, properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. H. For properties in the RLSA or RFMU Disticts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. 3.8.5.3 A. Bo Project description and GMP consistency determination: Provide an oVerall description of the project with respect to environmental and water management issues. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. 3.8.5.4 Native vegetation preservation: A. Identify the acreage and community type of all upland and wetland habitats found on the proiect site, according to the Florida Land Use Cover and Forms Classificatk a Svst~lgt~A ~ TAL#531108.4 DEC 1'0 2003 '16-"/ ' (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vqgetation dominance (dominant,.common ahd occasional). B. Explain how the proiect meets or exceeds the native vegetation preservation requirement. in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. ~Provide an exhibit illustrating such. Include calculations identifying the acreage for preseryation and impact, per FLUCFCS category. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Manage. ment Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been'identified/or the site during previous development order approva, ls? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed: E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. .. 3.8.5.5 Wetlands: A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation tYPe (species), vegetation composition' (canopy, midstory and ground cover) and vegetation dominance (domirmnt, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County~ B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydropefiods. What is the anticipated control elevation(s) for the site? Provide a narrative addressing the anticipated control elevation(s) for the site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects, of Pr-oP~ed:irnp~etS~n the~ctiOns!of th~Se wetl~dS, provide ~ ~bit ~ho~ng ~e -Ioeation Ofwetl~ds to be impacted and thOSe t° be preserved on,site; How have ~Pacts _ to Weti~ls been minimiZed? DeScribe hOW impaCtS to Wetlands have b~en:mi~d. Di Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU DistriCt, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Managemeta Di~A Or the Florida Department of Environmental Protection. For sites outside the I~'IVI~_~. DEC 10 2003 District, 'and where higher quality wetlands are being retained on-site, provide justification based'on the Uniform Mitigation Assessment,, .Meth°d' 3.8.5.6 Surface and Ground Water Management: . . . A. Provide an overall description of the proposed water. management system explaining how it works, the basis of design, historical drainage flows, off-site flo~s coming in to thc system and how they will be incorporated in the system or passed aro.und the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the cOntrol of storm and ground water. B. Provide an analysis of potential water quality impacts of.the project by evaluating water quality loadings expected from the project (post deVelopment conditions considering thc proposed ~. land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of'Wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the proiect' area and provide an analysis' for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Describe the measures that are proposed to mitigate for impact to state and federally listed species. 3.8.5.7 Listed 'Species A. Provide a plant and animal species 'survey to include at a minimum,listed species known to inhabit biological communities similar to those'existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife SerVice. State actual survey times and dates, and provide a map shoWing the location(s) of species of special status identified on-site. L:.st Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. 3.8.5.8 applicable, provide a narrative of the cost and measures needed to clean up tl TAL#531108.4 ~x.~_~~~~' ) Other: A. For multi-slip docking facilities With ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Include the results of any environmental assessments and/or audits of the property. If ..... ;.C,F.~A rW_M DEC 1 0 2003 C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the proiect is consistent with the development standards and regulations established for the ACSC-ST. D. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The amount of sampling and testing shall be determined b,/the Environmental Services staff along with the Pollution Control Depariment and the Fludda Department of Environmental Protection. E. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relatiOnships to thc proposed proiect design.' Demonstrate how the project design preserces ~¢ historic/archaeological integrity of the site. 3.8.6 AdditiOnal data. The Development Services Director may require additional data or . . information necessary in order to make a thorough and complete evaluation of the EI3 and proiect. / / 3,'8.g. 7_Relation between EIS and development of regional impact (DR/). In any instance ~h~re the proposed project requires both an EIS and a DR/, their data may be embodied in one report provided such report includes all the required information on both the EIS and Dill. 3.8.9. 8_.:. Exemptions. 3.8.9. !. 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. 3dtdh4~. 3.8.8.2. Agricultural uses. cultural uses .......... pcm'2t or ...... ~, ........................................................... within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes., provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of tea twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. 3.8.9.2. 3.8.8~3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services~director, an area.of environmental sensitivity, subject to the criteria set forth below, provided that the subiect property does not fall within an ACSC or ST DEC 1'0 2003 3.$.9.2. !. A. The subject property has already be~n. altered thr6ugh past usage, prior to the adoptio'--~ of this Code, in such a manner that the proposed use will not further degrade the environmental quality Of the site or the surrounding/areas which migh, t ~be affected by the proposed use. ~ B. The maj,or flora and fauna features have been altered or removed.to such an extent a--s to pi-eclUde their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where" ' most of the flora and fauna were removed prior to the passage of this Code. ~ C._~. The surface and/or natural drainage or recharge c, apacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or deVelopment.. ~ D__.~. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer. proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. ~ E. The use or development will utilize eXisting buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property ..... 3.8.9.3.3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.-1&. 9_. Fees. In order to imPlement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.t 1.10._~. Appeals. A._~. Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal? not later than ten days alter said decision, with the environmental advisory board or their successor organization. B_.: The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C__~. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D__.~. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E_ Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, fi~s and recommendations. ~,c, ra~A IIr~ TAL#531108.4 ~ DEC I 0 2003 ,,. F. The board of county commissioners, in regular session, will make the final decisiOn to -- affirm, overrule or modify the decision of the development services director in light of th~ recommendations of the environmental advisory board. TAL#531108.4 AGENDA I'r~=]vl No.. DEC10 2003 12/1/03 DRAFT TAB L 3.9 ' VEGETATION REMOVAL, ETC ,/ ,/ TALg531109.5 AGENDA ITEM DEC 10 2003 3.9. 3.9.1 3.9.2 3.9.3 3.9.3.1 VEGETATION REMOVAL, PROTECTION AND PRESERVATION TITLE AND CITATION PURPOSE APPLICABILITY EXEMPTIONS AND EXCEPTIONS A. B. C. D. E. NBMO EXEMPTION SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION AGRICULTURAL EXEMPTION pRE-EXISTING USES EXEMPT MANGROVE ALTERATION PROJECTS 3.9.4. VEGETATION PRESERVATION STANDARDS 3.9.4.1 GENERAL STANDARDS AND CRITERIA'.'. .. 3.9.4.2 spEcIFIc STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS A. REQUIRED pRESERVATION ' " B. EXCEPTIONS 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO B. NEUTRAL LANDS C. RFMUSENDING LANDS E. EXCEPTIONS 1. NONCONFORMING, PRE-EXISTING PARCELS 2. SPECIFIC COUNTY-OWNED LAND 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT 3.9.4.5 DENSITY BONUS INCENTIVES 3.9.5 WETLAND PRESERVATION AND CONSERVATION TALg531 t09.5 ~ 12/1/03 DRAFT , No. DEC 10 2003 3.9.5.1 PURPOSE 3.9.5.2 UR~ LANDS 3.9.5.3 RFMU DI~TRICT 3.9.5.4 3.9.5.5 3.9.5.6 3.9.6 3.~.6.1 3).6.2 3.9.6.3 A. STANDARDS ' B. MITIGATION 1. 'MITIGATION REQUIREMENTS 2. MITIGATION INCENTIVES ESTATES AND RURAL-SETTLEMENT AREAS RLSA OVERLAY SUBMERGED MARINE HABITATS NATURAL RESERVATION PROTECTION AND CONSERVATION pURPOSE AND APPLICABILITY' REVIEW pROCESS RFMU DISTRICT REQUIREMENTS A. OPEN SPACE REQUIREMENTS B. OPEN SPACE AS BUFFERS C. CONTIGUOUS NATIVE VEGETATION D. WILDLIFE CORRIDORS 3.9.7 PRESERVE STANDARDs 3.9.7.1 DESIGN STANDARDS B. C. D. E. IDENTIFICATION MINIMUM DIMENSIONS PROTECTION OF WETLAND HYDROPERIODS PROTECTIVE COVENANTS CREATED PRESERVES 1. APPLICABILITY 2. REQUIRED PLANTING CRITERIA ALLOWABLE SUPPLEMENTAL PLANTINGS PRESERVE MANAGEMENT PLANS 1. 2. 3. TAL~531109.5 GENERAL MAINTENANCE EXOTIC VEGETATION REMOVAL AND CONTROL DESIGNATION~ERVE MANAGER AGE. NOA ITEM No. DEC 1 0 2003 P,~ /f,~l9 3.9.7.2 INSPECTIONS AND MAINTENANCE 3.9.7.3 REQUIRED SETBACKS TO pRESERvEs 3.9.8 3.9.8.1 4. WILDLIFE HABITAT MANAGEMENT 5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER CONSTRUCTION ALLOWABLE USES WITHIN PRESERVE AREAS VEGETATION PROTECTION AND REMOVAL STANDARDS VEGETATION PROTECTION STANDARDS A. GENERAL B. FILLING AND CONSTRUCTION DEBRIS C. ATTACHMENTS D. EXCAVATION E. PROTECTIVE BARRIERS // ' 1. INSTALLATION OF PROTECTIVE BARRIERS 2. DESIGNATION OF REPRESENTATIVE 3. PROTECTION OF ALL AREAS OF VEGETATION 4. PROTECTION OF IN-DIVIDUAL TREES 3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF PROTECTED VEGETATION A. STANDARDS B. VEGETATION RELOCATION PLAN 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS A. MANAGEMENT PLAN REQUIRED B. ON-SITE INSPECTIONS REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.9. 3.9.9.1. GENERAL 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO SINGLE- FAMILY AND TWO-FAMILY LOTS 3.9.10. REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED B. APPLICATION CONTENTS TAI_g531109.5 ~) AGENDA I'I'~ No. DEC 1 0 2003 . C. ' REVIEW PROCEDURES 1. ISSUANCE OF PERMIT , 2. DENIAL OF PERMIT 3. PERMIT FEES' D. VEGETATION REMOVAL PERMIT EXCEPTIONS , 3.9.9 AGRICULTURAL LAND CLEARING " 3.9.10.2.AGRICULTURAL LAND CLEARING A. LAND CLEARING PERMIT 1. APPLICATION 2. DETERMINATION OF COMPLETENESS 3. CRITERIA FOR REVIEW OF APPLICATION 4. ISSUANCE OF PERMIT 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT B. LAND CLEARING NOTICE .... 3.9.11. ENFORCEMENT 3.9A 1.1 PENALITIES A. FINES B. RESTORATION 3.9.11.2 CORRECTIVE MEASURES A. MITIGATION B. REQUIREMENTS FOR A MITIGATION PLAN C. SITE-SPECIFIC REVIEW CRITERIA D. COUNTY REVIEW OF MITIGATION PLAN E. MONITORING AND REPLANTING F. DONATION OF LAND OR FUNDS 3.9.12 APPEAL OF ENFORCEMENT 3.9.13 SUSPENSION OF PERMIT REQUIREMENT 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County · ' ns" Vegetation Removal, Protection and Preservation RegulaQo . TAL#531109.5 AC~ENOA ITEM !'4o. DEC 1 0 2003 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier Coumy by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic, and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in advance. of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is ,not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. Applicability. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation remoya,1 and fill permit from the development services director except as hereinafter exempted. 3.~.3.1. Exemptions and Exceptions. / / A.' Development in NBMO Receiving Lands are exempt from the provisions of this Division. B-~' Seminole and Miccosukee Tribe Exception. ~aept-~_In accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural Exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4. through 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing Uses. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required pen dt~ prior to June 19 2002~ or projects.for ~which a Conditional use or Rez me .~,J. ition has DEC .1:0 2003 Eo been approved by the County prior to June 19, 2002; or, land use petitions for,which, completed application has been submitted and which have been determined to b, vested frgm the requirements .of the.. Final Order' prior to June 19, 2002. Thc continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existin~g ,uses. 2. Such previously' approved developments shall be deemed to be consistent with thc GMP Goals, Policies and Objectives for the RFMU District, and they may be built out in accordance with their previously. approved plans. Changes to these previou,: approvals shall also be deemed to be consistent With the GMP Goals, Objectives and Policies for the RFMU District as long~ as they do not result in an' increase in development density or intensi _ty. , . Exempt Mangrove Alteration Projects. Mangrove alteration projects that are exempte, 1 from Florida Department of Environmental pr°tection permit requirements by Florid, 'Administrative Code 17-321.060 are exempt from preservation standards for thc mangrove trees, unless they are a part ora preserve. This exemption shall not apply to mangrove alterations or removal in any preserve Or in any area where the mangroves hav,! been retained in satisfaction of Section.3.9.4. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section il' compliance with the mangrove tree preservation standards of this Divisi°n would impos,; a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal foi- a,view shall not be considered a hardship Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the gran~ of a variance will be consistent with the intent .of this division and the growth management plan. ............ vv .........requ r:mentg, Ae.,E~OA rrE~ DEC 1 0 2003 / / 1 A TAL#531109.5 AC~.NOA rrF_M DEC. 10 2003 /I 3.9.4. Vegetation Preservation Standards. All development not specifically exempted by thi:; ordinance shall incorporate, at a minimum, the preservation standards contained within thi,; section. 3.9.4.11 General Standards and Criteria. A. The preservation of native vegetation shall include canopy, under-story and ground cove, emphasizing the largest contiguous area possible, except as otherwise Provided in Section 3.9.7.1.E. Bo Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of Section 3.9.7. Single family residences are exempt from the requirements of Section 3.9.7. TALg531109.5 AGENOA i'r~,~ DEC, i'0 2003 Co Preserve ar.eas shall be selected in such .manner as to preserve the folldwilag, i,i descending order of priority, except to the extent thai preservation is made mandatory Sections 3.9.5.3.A and' 3.9.6.3.C. .' ' 1. Onsite wetlands havin an assessed functi'onalit of 0.65 or eater' 2. Areas known to be utilized by listed species or that serve 'as Corridors for movement of wildlife; 3. Any upland habitat that serves as a buffer to a wetland area~ .. 4. Listed plant and animal species habitats, ' 5. Xeric Scrub~ · Dune and Strand, Hardwood Hammocks, Dry Prairie, Pine Flatwoods, anna 8, Ail other upland habitats. 9. Existin native ve etation located conti uous ti> a natural reservation. Preservation areas shall be interconnected within the site and to adjoining off-sit,. preservation areas or wildlife corridors. To the greatest extent possible, native Vegetation, in quantities and types set forth i, Division 2.4, shall be incorporated into l'//ndscape designs in order to promote thu preservation of native lant communities and to encoura e water conservation. 3.9.4.2 Specific Standards Applicable Outside the RFMu and RLSA Districts. Outside th~, RFMU and RLSA Districts, native vegetation shall be preserved on-site through application of the following preservation and vegetation retention standards and criteria unless the development occurs within the ACSC where the ACSC standards referenced ir the Future Land Use Element shall apply. This Section shall not apply to single-farnily .dwelling units situated on individual lots or parcels. TAL~531109.5 A~ENDA ITE~ No. DEC. 1'0 2003 A. Required Preservation ' ' Development Type Coastal Hig~h Hazard Area Non-Coastal Hi H~ Area' Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater .Equal to or greater than 5 acre.q Use Development than 2.5 acres 2'5% and less than 20 acres. 15% Equal to or , greater than 20 acres 25% / Golf Course 35% 35% Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% Development and all other non-specified development types Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) project site. project site. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to Jannsry 1989; 2. where the parcel cannot reasonably accommodate both the applic lion vegetation retention standards and the proposed uses allowed un~ ;r thl~C~de. subiect to the criteria set forth in Section 3.9.7.1.E. DEC 2003 TAL~531109.5 3.9.4.3 Specific Standards for'the RFMU District. 'For Land~'within the RFMU District, native Do TALIt531109.5 vegetation shall 'be preserved through' the' application of the following preservation an,'l vegetation retention standards and criterial in addition to the generally applicable standard~ and criteria set forth in Section 3.9.4.1 above: A. RFMU Receiv!ng Lands outside the NBMO 1. A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. ~" a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site Preservation is located within RFMU Sending Lands ' b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. c. Like for like preservation shall be. required for Tropical Hardwood and Oak Hammock vegetative communities. . 2. Where schools and other public facilities are co-located on a site, .the native, vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. B. Neutral Lands. .. 1. In Neutral Lands, a, minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved: 2. ExceptiOns. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 Easti in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. b. Where schools and other public facilities are co-located on a site, the native, vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. C. RFMU Sending Lands. 1. In RFMU Sending Lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement. at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands. 2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shaI. not be credited toward satisfaction of any of the vegetative retention requiremen applicable in such NRPAs. - AGENOA il'F_M General Exceptions. ~ No. ' DEC 1 0 2003 ,/ ,/ 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and protect the private property fights of oWners of smaller parcels of land within t'h(~ RFMU District, including nonconforming lots of record which existed on or befor~ June 22, 1999, for lots, parcels or fractional units of land or water equal to or les.,; than five (5) acres in size, native vegetation clearing shall be allowed, at 20% o, 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any clearing necessary to provide for, a 15-foot wide .access drive up 660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres, to 20% of the parcel may be cleared. This allowance shall not be considered maximum clearing alloWance where other provisions of this 'Plan allow for greate] cleating amounts. These clearing limitations shall not prohibit the cleating of brush or under-story vegetatibn within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25 Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and' sit~, preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Discretionary Exception for Essential Public Services. The community developmenl and environmental services administrator, or his/her designee, may grant wfitte~ exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.6.9), where it can be demonstrated that the preservation requirements and the Essential Public Service:; cannot both be reasonably accommodated on the site and it is in the best interest o£ the general public to allow a reduction in all or part from the requirements fc preservation of existing native vegetation. 3.9.4.4 Specific Standards for RLSA District. For lands within the FLSA District, nativ;. vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Sectio~l 2.2.27 of this Code. 3.9.4.5 Density Bonus Incentives shall be granted to encourage preservation~ A. Outside Rural Villages. In RFMU Receiving Lands not designated as a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserVed on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 1 unit per acre is achieved through the use of TDR Credits B. Inside Rural Villages. In RFMU Receiving Lands designated as a Rural Village, : density bonus of 0.3 dwelling units per acre shall be granted for each acre of native, vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5 Wetland Preservation and Conservation TAL#531109.5 AGENDA ITEM No. DEC IO 2OO3 3.9.5.1 Purpose. The following standards are intended to protect and conserve'Collier County':; valuable wetlands and their natural functions, inc'lu~ling marine wetlands. These standard~; apply to all o/f (~ollier County, except.f0r .lgnd. s within'the RLSA District. RI,SA Districl lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with tOtal sit, preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3 unless otherwise required.' , ' ' 3.9.5.2. Urban Lands. In the case of wetlands lo'at'ed within.the Urban designated areas of th,.' County, the County will rely on the jurisdictional determinations made by the applicabh, state or federal agency in accordance with the following prpv, isions: A. Where permits issued by such iurisdictional agencies allow for impacts to wetland,: within this designated area and require mitigation for such impacts, this shall be deei~eit to meet the objective of protection and conservation of wetlands and the natural function,: of wetlands within this area. B. The County shall require the appropriate jurisdietlonal permit prior to the issuance of, final local development order permitting site improvements, except in the case of any single-family residence that is not part' of an approved development or platted subdivision. C. Within the Immokalee Urban Designated'Area, there exists high quality wetland system connected to the Lake Trafford/Camp Keai's 'system. These wetlands require gr~at¢ protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. 3.9.5.3. RFMU District. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quali _ty wetlands. This shall be accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and th~; following: A. Standards. o TAL~531109.5 In order to assess the values and functions of wetlands at the time of project review. applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florid:~ Water Management District's Wetland Rapid Assessment Procedures (WRAP), a,: described in Technical Publication Reg 001 (September 1997, as update Aug'ual 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Deparhnent of Environmental Protection. Wetlands documented as being utilized by listed species or serving as corridors fo the movement of wildlife shall be preserved on site, regardless of whether preservation of these wetlands exceeds the acreage required in Sectio~ ~3.3.~2~o,1:)~, 2003 3. Existing wetland flowways through the project shall be maintained, regardless of whether die preservation of these flowway's exceeds the acreage required in Section 3943 ' 4. Drawdowns or diversion of the grbund water table shall not adverSely change thc hydroperiod of preserved wetlands on or offsite. Detention and control elevatiom shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In o~'der to meet 'these requirements, projects shall be designed in accord'ance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. Single family residences shall follow the requir,ements contained within Section 3.9.5.4.B. 6. Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot vegetated upland buffer adjacent to a natural water bOdy.. b. For other wetlands a minimum 25-foot yegetated upland buffer, adjacent to the wetland. c. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where 'direct impacts are allowed. A structural buffer may consist of a stem-wall,, berm, or vegetative hedge with suitable fencing. d. The buffer shall be measured landward from the approved jurisdictional line. e. The buffer zone shall consist of pre'served native vegetation. Where native, vegetation does not exist, native vegetation compatible with the existing soils and .expected hydrologic conditions shall be planted f. The buffer shall be maintained free of category I invasive exotic plants, a~_ defined by the Florida Exotic Pest Plant Council. g. The following land uses are considered to be compatible with wetland function~ and are allowed within the buffer: (1)Passive recreational areas, boardwalks and recreational shelters; (2)Pervious nature trails; (3) Water management structures; (4)Mitigation areas; (5)Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 1. Mitigation Requirements: . TAL~531109,5 Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: AGENDA ITEM No. o o a. Loss of storage or conveyance volume resulting from direct .impacts to wetlands shall be co--q-m_Pensated for b rovidin an e ual amount of stora eor conveyance capacity on site and within or adiacent to the impacted wetland b. Prior to issuance of any final development order that authorizes site alteration, ~licant shall demonstrate compliance with a and b above. If a permits have no__gJ_provided mitigation consistent with this Section Collier .County will require mitigation exceeding tha~ of the jurisdictional agencies_. c. Mitigation requirements for single-family lots shall be detemfined by the State and Federal ~es dufin their ermittin rocess ursuant to the requirements of Section 3.9.5.4. Mitigation Incentives:' A density bonus of 10% of the maximum allowabi,, residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation,' Or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the followin~ . . a. Increase wetland habitat through recreation or restoration of wetland functions, o f the same type found on-site, on an amount of off-site acres within the Rura~ Ffinee Mixed Use District Sending Lands, equal to, or greater than 50% of th,_. on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater tha,, 50% of the on-site native vegetation preservation acreage required, or 20% of th,, overall project size, whichever is greater; or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County atter consultatio,, with the applicable jurisdictional agencies_ EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there i:: no net loss in wetland functions as prescribed above Exotic Vegetation Removal. Exotic vegetation removal shall not constitute mitigation. 3.9.5.4. Estates, Rural-Settlement Areas, and ACSC. In the case of lands located within Estate.~ Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland iUrisdictional detemfinations and permit requirements issued by the applicabl,: jurisdictional agency, in accordance with the following: A. For single-family residences within Southern Golden Gate Estates or within_ the Bio Cypress Area of Critical State Concern, the County shall require the appropriate fe~era~ and state wetland-related permits before Collier County issues a building pesmit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Colliec County shall inform applicants for individual single-family building pemlits that federa and state wetland permits may be required prior to construction. The Col [{v s _1~___~-~ TALtt531109.5 DEC 1 0 2003 notify the applicable federal and state agencies of single family .building, permil:: applications in these areas. . ' 3.9.5.5. RLSA District. Within the, RLSA Dish-ict, we'tlands shall be preserved pursuant to Section 2.2.27 ~ - 3.9.5.6 Submerged Marine Habitats. The County ~hall protect and conserve submerged mm'i'nc habitats as provided in Section 2.6.21.2.7 3.9.6 Natural Reservation Protection and Conservation 3.9.6.1 Purpose and Applicability. A. The purpose of this Section is to protect natui'al reservations from the' impact o? surrounding development. For the purpose of this section, natural reservations shall include only NRPAs and designated Conservation Lands on the Future Land Use Map. B. For the purposes of this Section, development shall include all projects single-farnil~ dwelling units situated on individual lots Or parcels. 3.9.6.2. Review Process. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. RFMU District Requirements. The following criteria shall apply within the RFMU District only. A. Open Space. Open space shall be required to provide a buffer between the project the natural reservation_ 1. Open space allowed between the project's non-open space uses and the boundary o the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to thu natural reservation boundary: a. preservation areas; b. golf course roughs maintained in a natural state' c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nortmotorized vehicles B. Open Spaces as Buffers 1. The uses in paragraph A.2 above are encouraged to be located as to provide a buffei between the natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintai: ea TALg531109.5 DEC 1' 0 2003 ,/C. Do state), and other recreational uses and yards for individual lots or parcels,' or opeJI space uses that are imperviOus in nature. These more intensive open space Uses m'ay not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (M¥cteria americana) rookeries, bald. eagle (Hah. aeetu.,. leucocephalus) nests, and wading bird roosts are found in the adjacent naturhl reservation, the open space uses identified in sub-sections B.2.a. through c aru considered acceptable for placement within a buffe~ as specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetu~: leucocephalus) nests.- 1,500 feet; b. Wading bird roost - 300 feet; c. These buffer distances shall only avvlv to the identified entity within the nature! reservations. 3. These requirements shall be modified on a case by case basis, if such modifications arc, based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan Contiguous Native Vegetation. Existing native vegetation that is located contiguous t¢, the natural reservation shall be preserved as part of the preservation requirement.,: .specified in Section 3.9.4. Wildlife CorridOrs. Where wildlife corridors exist for listed species, provision shall made to accommodate the movement of the listed species through the prOiect to thc natural reservation. The County shall consider the recommendations from the USFW,e, 3.9.7. Preserve Standards 3.9.7.1 Design Standards A. Identification. Native vegetation that is required to be preserved or mitigated pursuant t.~, 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be identified in the following TALg531109.5 manner: 1. The Preserve shall be labeled as "Preserve" on all site plans. 2. If the development is a PUD, the Preserve shall be identified on the PUD Maste~ Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be, set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal 3. The Preserve shall be identified at the time of the first development order submittal. Minimum dimensions. The minimum width of the preserve shall be~ 1. twenty feet, for property less than ten acres. 2. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. AC~NDA ITEM No. DEE 10 2003 3. an average of fifty feet in width but not less than twenty feet for property of tWenty acres and greater~.. ~ C. Protection of'Wetland Hydroperiods. Drawd0wns or diversion of the ground Water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detentio. and control elevations shall be'set to protect surrounding wetlands,and be consistent with surrounding land and project control elevations and water tables. In order to meet these, requirements, proiects shall be designed in accordance with Sections ~4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January' 2001. D. Protective Covenants. Preserve areas shall be identified as separate tracts or easements TAL~531109.5 with access to them from a platted right-of-way. No individual residential or commerci_~l lot, parcel lines, or other easements such as utility 0rae6e~s easements, may project inh', the Preserves when platted as a tract. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance 'or' to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establisl~ thc, permitted uses for said easement(s) and/or tracts 6n'the final subdivision Plat..s nonexelusive easement or tract in favor of the County, without any maintenance. obligation, shall be provided for all preserves On the preliminary and final subdivision plats and all final development order site plans. The boundaries of all 'preserve easemem~ shall be dimensioned On the final subdivisignpiat. Created Preserves. Created Preserves shall be aiIoWed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. 1. Applicability. Criteria for allowing creat.ed preserves include: a. Where site elevations or conditions requires placement of fill thereby harming reducing the survivability of the native vegetation in its existing locations: b. Where the existing vegetation required by this policy is located where proposed sit_.'. improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation~ c. Where native preservation requirements cannot be accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers. shrubs and trees), utilizing larger plant materials so as to more quickly re-create lost mature vegetation. These areas shall be identified as created preserves. d. When a State or Federal permit requires creation of native habitat on site. Thc created preserve acreage may fulfill all or part of the native vegetation requiremem when preserves are planted with all three strata; using the criteria set forth ha Created Preserves. This exception may be granted, regardless of the size of tho. project. e. When small isolated areas (of less than ½ acre in size) of native vegetation exist or site. In cases where retent,ion of native vegetation results in small isolated areas o f ½ acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adiacent existing native vegetatio,, areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. AGENDA BEC i'0 2003 / / When an access point to a project cannot be relocated. To comply with obligatory . health and safety mandates such as road alignments.required by the State, preserve:; may be impacted and created elsewhere on site. 2. Required Planting Criteria: native plant communi _ty. G. Preserve Management Plans. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preservc, Management Plan shall include the following elements: - a. Where created preserves are approved, the landscape plan shall re-create a native: plant community in all three strata (ground cover, shrubs and trees), utilizing large, plant materials so as to more quickly re-create the' lost mature Vegetation. Such re vegetation shall apply the standards of section 2.4.4. of this Code, and include the' following minimum sizes: one gallon ground cover; seven. (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a,dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 t~ mature spread) and forty foot on center for trees with a large canopy (~reater than 30 ft matra',, spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material ar,, better suited for re-establishment of the native plant community. b. Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves.if the property has less thru, twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to pr greater than twenty acres and less than eighty acres of existing nativu yegetation. (3) not more than 10% of the required preserves if the property has equal to c greater than eighty acres of existing native vegetation. c. The minimum dimensions shall apply as set forth in 3.9.71.B. d. All perimeter landscaping areas that are requested to be approved to fulfill th~, native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks F. Allowable Supplemental Plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetatioJ, creates open areas with little or no native vegetation coverage. Plant material in these, restoration areas shall meet the following minimum size criteria: one gallon groun,1 covers, three gallon shrubs and six foot high trees. Plant material shall be planted in ,q manner that mimics a natural plant community and shall not be maintained a~o. landscaping. Minimum sizes for plant material may be reduced for scrub and other xeri~ habitats where smaller size plants material are better suited for re-establishment of thc, TALg531109.5 AC-~NDA ITE~ DEC 1'0 2003 1. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. 2. Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Planl Control. Exotic vegetation removal and mainten, ance plans shall require that ' Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut dow, to grade and the stump treated. 'Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause,. more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall' treated with an U.S. Environmental Protection Agency approved herbicide and visual tracer dye shall be applied. Control °fexotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques- to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non native vegetation and nuisance or invasive plants shall be removed from all Preserves. 3. Designation ora Preserve Manager. A Preserve Manager shall be identified as th,, responsible party to ensure that the Preserve Management Plan is being complie3 with. The individual's name, address and phone number shall be listed on th;-. Preserve Management Plan. The same information shall be provided 'regarding the, developer. Both parties will be responsible until such time that the homeowncs.~ association takes over the management of the preserve. At that time, the homeownex:; association shall amend the plan to provide the homeowner association informatio. and information regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be respOnsible fo,' annual maintenance of the preserve, in perpetuity. The Preserve Manager must hay, experience in native habitat protection/restoration, as identified in section 3.8.4. 4. Wildlife Habitat Management. Where habitats must be managed with regards to th6 species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species arc, identified, management strategies shall be developed and implemented in accordance with Section 3.11.3. Where site conditions require prescribed bums, a fire management plan will be developed and implemented. 5. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signagc, during and after construction that are consistent with SeCtion 3.9.8 Allowable Uses within Preserve Areas. Passive recreational uses such as pervious natm-c trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. Fo. the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to th,. preserve, such as pervious pathways, benches and educational signs are permitted in preserve. Fences may be utilized outside of the preserves to provide protection in th~: AGENDA ITEM TALg531109.5 DEC 1 9 2003 ,,.:/,¢,¢ preserves in accordance with the protected species section 3.11.3.1.C. Fences and wall,; are not pemfitted within the preserve area. 3.9.7.2 Inspections and maintenance. ,. ,. A. Inspections shall be required for all preserves. 'The preserve areas shall be complete~l and approved by inspections conducted in accordance with the following schedule: Prior to preliminary acceptance of the phase of the required subdivisios, improvements; 2. Within the associated phase of the final site development plan prior to the issuanc~ of a certificate of occupancy. 3. As required with golf courses, prior to the iSsuanc'e ofa cerlificate ofoccupanc], for the first pemfitted structure associated with the golf course facilityi 4. Eighty percent vegetative coverage, of the created preserves and. supplementa! plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perPetuity. Native plants that recruit On theii own within the preserve will be counted towards this coverage requirement. B. Annual maintenance shall be required according to the Preserve Management Plan 3.9.7.3. Required Setbacks to Preserves, A. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10 foot setback from the boundary of any preserve. There shall be no site alteration~ within the first 10 feet adiacent to any preserve.unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to bc placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will nc negatively impact that wetland. B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9.5.3.A.6. 3.9.7.4 Exemptions. A. Single family residences are subject only to the applicable vegetation retention standard~ found in 3.9.4. B. Applications for development orders authorizing site improvements, such as an SDP o~ FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of 3.9.7, formerly 3.9.5.5.6 which were adopted on or after June 19, 2003. Sec. 3.9.~.8..~. Vegetation removal;, p_Protection and-l~q~qm,~a Removal sStandards. 3.9.~. 8_1. Vegetation pProtection Standards. 2.9.5.1. A._~. General. During construction, all reasonable steps necessary to pre ~em [ll~ n'~ destruction or damaging of vegetation shall be taken, including the installa ion q~fo. TALl/531109.5 9EC 1 0 2003 protective barriers. Vegetation destroyed or receiving major damage must be rePlaced by~ vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. ' 2.9.8.1.2. B__:. Filling and construction debris. During construction, unless otherwise' authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shaH be placed within thedripline of ~any vegetation that is required to be preserved in its pi-esent location. 2.9.8.1.2. C.~. Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. ~ D__:. Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed fi.om within the dripline of anY vegetation that is to remain in its original location. .9.°,, 1.5..E. Protective Barriers a_nd Si£nage. 1. Installation of protective barriers and si£naee. All protective barriers shall be installed ,. and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. Si_m~a.ee shall be placed around the preserve areas to i dentif.v and protect the preserve dur/n~ construction. The boundary of the Preserve; shall be posted with appropriate signage denoting the area as a .Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. 2. Applicant's representative required The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): -l-)a_.Who shall be responsible for the installation and the maintenance of all tree protection barriers. g-)b_.Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. 3,c_~Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum often feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An er uivalent method may be substituted with the approval of the development set ~ces TALg531109.5 director. DEC, 10 003 TAL#531109.5 4:d.__Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar t0 thaf required in [section] 3.9.5.1.5.3, shall be placed around the tree at .a ,distance from' the trunk of six feet or.beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field' representative. ~ ' ' 3.9.~. 8._..:.2. Criteria for Removal and/or Replacement of Protected' Vegetation. A. Standards. 'The.development services director may approve an application for vegetation removal permit ~"~,4 ,-~ *~ c,,, ....:... ' ...................... ~, c:Steria: if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design proceSS. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance witl- the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 2.9.5.2.1. Protected vegetation is a safety hazard to.pedestrian or vehicular traffic., public services, utilities, or to an existing .structure. 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard' horticultural practices and if required, a site inspection by the develOpment services director's field representative. 2.9.5.2.3. A final local development order has' been issued which requires removal of the protected vegetation.. 2.9.5.2.'1. Compliance with other codes and/or, ordinances may involve protected vegetation removal. ' ..................-- 6 ........ r, ..r .... v~, .~cmo"a!,, . ,.o; ....... .,..,.,,......,';"~ Replacement of nonnative vegetation shall be with native vegetation ^r ....... v .......... v ......area and shall be subject to the approval of the development services director or his/her ............................. ~ e cement ve eta n co the standards of Section 2.4.4 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high tret DEC 1 0 2003 / _ / ,/ foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9. 5.2. 7. 6_ On a parcel of land zoned residential'single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning.district in which' single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. 2.9.5.2.2.7_ The proposed mangrove alteration has a leloHda department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17-321.802, or 17-321.803 as may be amended. However, mangrove removal or.trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. 2.9.5.2.9. 8_ Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B.. 'Landscape Plant Removal or Replacement. The removal or replacement of approve,'! landscaping shall be done in accordance with the regulations that guide thelandscape plans reviews and approvals in Division 2.4. A vegetation removal permit will not be issued for the removal or replacement of landscaPe plants. That approval must be. obtained through an amendlnent process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. C. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior h, site development plan, construction plan or other final approvals, a vegetation relocatio. permit (vegetation removal permit) may be issued by the development services directo, provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other informatim, as required by the development services director. 3.9.5.3.8.3. Management Plan and Inspections. A_~. Management plan required For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities, The narrative shall include: 2.9.5.2.1_. Whether or not the existing vegetation is to be preserved in the existing species composition. 2.9.5.2.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burnings, etc.). ........ 3.The mmntenance schedule for the removal of invasive species. AOF. NDA ITF_M TAL~531109.5 DEC 10 2003 2.9.52.4. The maintenance schedule for the removal of debris. g,-9,-8~.5.Oth~r information that may be required by the development services director that is~ reasonable and necessary.'to determine if the management plan'meets the requirements of this Code. 2.9.5.4. B.~. On-site inspection. The development services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in sect'ion 3.9.5.2 and conforms t9 t. he ~ standard~ .set forth in section 3.9.8.5 below. < ~ D ........;~. dards ............ ~, ....................... ~ .....5uff:r a, ~as TAL//531109.5 ;;'etl~A iFtM No, DEC i 0 2003 ~ , ...... -. cgetat:on TA~53 ] 109.5 DEC 1'0 2003 // TAI~531109.5 AGENDA ITEM DEC 1'0 2003 ,,._/¢?_ · · ..... '"'J '-'" '~l°J,-'''.-' ' '-'',-'- ,.,.- .-,,- l-,-,.,,~w,.., ........ ..v ,,,,,,. ,..,. , ,~ ~1.,,,,.~,~ 1,.,.,~,., .... ~ ., .,.,,j ,,,,,,. i~ i,, .... 1-,~11 TALg531109.5 A~A No. ~.'E3 10 2003 '3.9.9. Requirement for Removal of Prohibited Exotic Vegetation. 3.9.9.1 .General Co Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific pro. visions of each local development order. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of Section 3.9.8.1. Prohibited exotic vegetation shall be removed from the following locations; and within the following timefi'ames: 1. From ali fights-of-way, common area tracts not proposed for development, and easements prior to preliminar~ acceptance of each phase of the subdivision improvements. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. From all golf course fairways, roughs, and adiacent open space/natural preserve area~ prior to the issuance of a certificate of occupancy for the first permitted Structure associated with the golf course facility. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. Herbicides utilized in the removal of prohibited exotic vegetation shall have be_eh approved by the U.S. Environmental Protection Agency. When prohibited exotic. vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.9.2. Exotic Vegetation Maintenance Plan. A maintenance plan shall be submitted to the development services directOr for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of The development services director's field representative shall inspect sites pe~ TAL~531109.5 ~ h.]s o~w._~,~-_.. ITEM odiokllv after DEC 1 0 2003 issuance 0fthe certificate of occupancy, or other fi.nal acceptance, for compliance with this division. ' ' 3.9.9.3. Applicabilitylto New Structures and 'to'Additions on single-Family and Two-Family Lots. In addition to the other requirements 'of this Div, ision, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two,family lots. The removal 0fprohibited exotic, vegetation shall be required in perpetuity. Upbn' issuance of a vegetation removal permit,... prohibited exotic vegetation may be removed from lots which are zoned residential single- family (RSF), estates (E), village residential (VR),. and mobile home (MH), prior to issuance of a building permit. , , 3.9.10 Required Permits and Notices 3.9.10.1. Vegetation .Removal Permit A. Other permits required. No vegetation remova! permit or final development order authorizing site clearing or site improvements shall be issued by the development services direCtor until all applicable federal and state, and County approvals as designated by the development services director have been obtained.. These approvals may include, but are not limited to: 1. Building permits. (Except in accordance. With section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. 4. Florida Department of Environmental Prbti~ction permits or exemptions. 5. U.S. Fish and Wildlife Service permits or exemptions. 6. Florida Fish and Wildlife Conservation Commission permits or exemptions 7. South Florida Water Management District permits or exemptions 8. Other applicable agency reviews or permits or exemptions. 9. Other county approvals. B. Application contents. Application for a vegetation removal permit shall be submitted to the development services director in writing on a form provided by the development services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: a. Generalized vegetation invento~ superimposed on a current aerial. A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and m -' *-~ TALg531109.5 accompanied by photographs or videotapes illustrating typical are~ referenced to positions on the aerial or survey. The generalized ve ' ~.- A~.~NOA fi'EM ; ox vegetation ..tatio~oU~' ,, DEC 1 0 2003 bo inventory_ shall be prepared in some manner which clearly illustrates the ' relationships between the areas of vegetation and the proposed site improvements. Generalized written assessment and evaluation. The generalized vegetation ' ' inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include 2. A 2.9.5. C. TAL/t531109.5 an evaluation of character and quality of the plant communities .identified, including their rarity, viability, and such other physical characteristics and factors. that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist. landscape architect, or certified nurse _ryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. site plan which includes: Property dimensions. Location of existing infrastructure and alterations. Location of proposed structures, infrastructure and alterations. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. e. Designation of all protected vegetation proposed for removal. f. Location and details of protective barricading of the vegetation to be retained. g. Description of any proposed alteration of mangroves. h. Description of any proposed maintenance trimming of mangroves. An executed statement which includes: a. Name, address, and phone of property owner. b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g. Signature of property owner or copy of a specific contract signed by property owner. Ar.,~NO,~ ;rtfi~- Review procedures. DEC 1:0 2003 '2 fl 1~ A I TAL#531109.5 2.9.5 ! 9.1. Issuance ofpermit. Based on the information contained in the application and obtained from the on-site inspection, the development services director, and for ..... ~, .... , ........... r ..................... ~,~,.rce,s ........ may approve or eny an application. An approved vegetation removal,permit is valid for a period not to , exceed 180 days..~ ..... -~'~r *. fc.r mangro:'e ..~u~*;^-......,~... 'Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida dDep,artment ofe_Environmental pProtectiqn. An extension requested prior to expiration of the original permit may be ,granted for good cause shown upon written application to the development services director "'-~ c^, ' *~' ...... * ........... ~':~ ~:~^ Th d 1 i di .......... ., ....... ~, ............ ~, ..... e eve opment serv ces rector..."-'~... ...... ~, ............. r .................. 7 ....... = ....... ,~ .... e,,,,,-' ma attac conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit.' 3.9 .... 2. Denial of permit. In the event an application is denied by thc development , services director, thc reason(s) shall be noted on thc application and returned promptly. 3.9.19.3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee m,,toss =l.,~,.,.,.,.,,.,.,,j ...... .,l,,..,,.,,a ,..j ......... v,v.,,,,.,.,...,,~,,,.,,,,.,., ....... ,.,w..,..,,, 1.,~,,..,, .... ~ ,.~ ~., .... ^,c' .~' ..... ,-1 +1., ..... 1,,+; .... +~1.,1.;~T.,.;~,.,. .... 1.., 4:' .... 1.,nll 1,~ ^.,., .~,1,~ ,.A+h +'1.,~ ~1~1, t,-,~ th,.-, ,.,.~.~..... .............. .. ,v~.~ ~,.,...,~..~.. ...~,.......^c .c ...... ..,. ;' ~'~ ....... "~' .... .~,...'~ as established by resolution of the bB_oard ofo_County ~_.Commissioners. D. Vegetation Removal Permit Exceptions /'1 h'~ AGENDA ITEld No. DEC 1 0 2003 2.9.19?..2. 1__. Except for lots on undeveloped coastal barrier islands, and any project. proposing to'altor mangrove trees, a vegetation removal permit for clearing one acre or less 9fland is not required for the re.m9~al ofpr6t'ected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E),' or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which singl~-family lots have been subdivided for single-family use only, where the following conditions have been met: (-JO a_ A building permit has been issued for the pemiitted principal structure (the ' building permit serves as the clearing permit), or {-2--) b_. The permitted principal structure has been coflsh'ucted, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. 2.9.10.4.4.2_ A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by thi~' development services director as part of the final development order. 3-~d414~. 3_. A vegetation removal permit is not required for the removal of protected vegetation other th"~ a :pec:'men t'rcc from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. ~_ A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch swath that is less than three feet in width. TAL~531109.5 AOENOA tT~4 No. DEC 1 0 2003 3.9. l 9.~.9.5_ A vegetation removal permit is not required for the removal ofpr°tected vegetation prior to buildingpermit issuance if the cgnditions set forth in section 3.2.8.3.6 have been met. 6. A vegetation removal permit is not required for the hand removal of ProhibiteH .Exotic Vegetation. Mechanical clearin~ of Prohibited Exotic Vegetation shall' require a vegetation removal permit. Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil~ layers or disturb the root systems of plants below the ~'ound. 3.9.6.5.10.2 Agricultural land clearing. A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for bcna ,q~z agricultural uses that do hot fall within the scope of sections 163.3162 (4) or 823.14(6) n~ ~,~ ~,,, ~;~ ~ shall be required for all agricultural operations Florida Statues, ........... ., ........, except as exempted by~,~.~':~. ,,...~ '~ . .,n . ~:,, .,.~ ~: ~.~c'u:~..~. r,,.a~.~.~,.,~ 6 below.. 3.9.~.5.1,4pplication. An application for an agricultural clearing permit shall be ' ' submitted in the form established by the development services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part '.. of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land cleating application: ~.j~ ~ _a. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the development services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (-3-) b_. The application, including generalized vegetation inventory and clearing plan as outlined in sections ~ n ~ ,~ ~ ~ n ~ ~ -~ ,,~ ~ n ~ ~ ~ 3.9.10.1.B.1 and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide aghcultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (--3-) c_ The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if ~ required by SFWMD. (4-) d~The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (--5-) e_. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. (-6-) f_. The applicant has submitted data relating to wetland impacts and ~ro~teeted wildlife species habitat subject to Collier County growth manageme~ TALg531109.5 plar~o£NDA rr~ DEC 1 0 2003 conservation and coastal management element policies 6.2.9, 6.2.. 10 and objective 7.3 and associated policies.arid Collier County Land Development C%te Idivision 3.11. This data will ,be. required bnly when the county's on-site inspection indicates that there are.poten.tial or actual impacts to wetlands and to protected federally and state listed wildlife habitat. .(-7--) g:. The property owner, or authorized agent, has filed an executed agreement with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural us6' ' and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by ~,~,~...."~':^- .,.,.,,.-,~,,~ ~ r~ ~: </Q~ h below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff tO be .appropriate. /Q~x,~ _h. The property owner, or authorized agent, has filed an executed agreement with the development services director stating that the owner/agent is aware that the Collier County l~B_B_oard ofoCounty oCommissioners will not' rezone the property described in the agricultural ciearing permit for a period often years from the date of approval of the agi-i~ultural clearing permit by the development services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.1 ! .2. Determination of completeness. a~ After receipt of an application for an agricultural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.5.5.1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness max/be made in accordance with the following: b_ Where the applicar~t submits~ as part of the application for an agricultural clearing permit~ a copy of the cOmPleted apPliCati°n for a SFWMD consumptive use permit or exemptiOn, for a SFWMD surface Water management Permit or exemption, or ~ an ACOE permit or exemption, a~applieal~, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further o_.County review and providing that all other deficiencies in the application have been addressed. TALg531109.5 ~2 AGENDA ITEM No. DEC 10 2003 TAI.~531109.5 2.9.4.5.3. Criteria for review of application. Review of the application for an agricultural, clearing permit shall commence upon issuance of the determination of comPleteness or modified determination of completeness ~--,~ .................................... vv ........ The following criteria Shall be utilized by staff in reviewing ~ application for issuance of ~a~ ~ on-site inspection h~ been made by sta~ if indicated. ~b~ En~romental impacts, including wetl~ds ~d protect~ wildlife species habitat(s) shall have been addressed in accord~ce with the requirements of the ' Collier County ~o~h m~agement pl~ ~d the L~d Development Code, ~ may be mended ~om time to time. c~ Additional data ~d or info~ation required by the e~ounty to address enviromental impacts shah bc submi~ed by the applic~t u~on '-~++ ......... + ~-, 2.9.5.5.~. Issuance of permit. After an application for an agricultural clearing pe~it has been reviewed in accordance with ~ 3 above, the development se~ices director or his desi~ee shall ~t ~e pe~it, ~t wi~ conditions or deny a~cu]~ral clearing pe~Jt is de~ied, the letter shah state the reason(s) foF said denial. 3.9.~.5.5. Renewal of agricultural clearing permit. ~ approved a~cul~al cle~ng pemt is valid for five ye~s ~d may be automatically renew~ for five-ye~ periods providing ~at a notification in ~ting is founded to ~e developm~t se~ices director at le~t 30 but no more ~ 180 days phor to the expiration of~e existing pe~it ~d providing that the prope~ has been actively engaged in a bona fide a~culmral activity in ..... ~ ....wit~ `~ ...... t~i: Co~e. Such notification shall state that the applic~t is in compli~ce wi~ ~y ~d all conditions ancot stipulations of the pe~it. A violation ofpemit conditions shall [be] cause to void the a~cultural cleating pe~it. Applic~ts failing to provide notification as specified herein shall be required to submit a new appli, a~cultural cle~ng pemit. DEC 1 0 2003 2.9.~.5.6. Exemptions for agricultural clearing permit. &a_. An agricultural cleating permit is not ~'equired for operations having obtained a permit under Ordinance No. '76-42 and which can demonstrate that an aPProved bona fide agricultural actiVitY Was in exislence within two years of the permit issuance date, or for' operations which can' demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42.. Such demonstrations for exemptions may include agricultural classification records from the propertY apPraiser's office; dated aerial photographs; occupational license for agr/cultuml operation; or other informa{i°n which positively establishes the commencement date and the Particular 'location of the agricultural operation. , . ~.b_. Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be 'exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural el6aring permit or exemption. Ongoing bona fide agricultural activities ~that qualify for this exemption as described in this section may include but are not limited'to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal ofn'ew growth, such as shrubs or trees, from areas previously p6rmitted or exempted from this section; fire line maintenance; approved wildlife .food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural cleating permit but must obtain a vegetation removal permit. ~. c_. No agricultural clearing permit shall be required for protected' vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of Godv-.~ ..... · .,....~,:a:~ provided that: a4_.D The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; I~-4'2) The tree is not a specimen tree; ~ The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; ~ The parcel is currently engaged in bona fide agriculture, as defined by this 'Code. ~ No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. B. Land Clearing Notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6). Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the followin~ TAL#531109.5 DEC,, 1 0 2003 1. a'legal description of the land cleared, or such other description as is'sufficient to document' the specific location of the cle'ar6d lafid;. 2. the date on which land clearing will begin; 3. the date on which land clearing is expected ~to ,be completed; 4. a vegetation inventory identifying the acreage of existing native vegetation on site prior to any site clearing; and , 5 a signed agreement acknowledging th~ 25-year pr. ohibition on the creation of TDR~ Credits from land cleared for agricultural operations after June 19, 2002, as set forth in Section 2.6.39.3.D.2; and 6. if the land is outside th~ RLSA, a sigmed a~eement acknowledging that, if the land being cleared for a~'icultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property Shall become subject to the requirements of Sections 3.9.4 through 3.9.6, as provided in Section 3.9.3.1.C. , TALtt531109.5 AGENDA I'l'~Vl DEC I 0 2003 3CI~A I i/ / TAL#531109.5 A~A ITEM No. DEC 1 0 2003 3.9.11. Enforcement 3.9.6.811.1. A. Penalties. Fines. 1.. The failure of a property owner or any other person to obtain an appro(,ed,-o. "''~'''*-,---,,,, .... ,1 eAea6~ p6rmit as required in sectic, n 2.9.5.4.2 this Division shall' constitute a misdemeanor and each protected living, 'woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished bya fine not to exceed $500.00 per violation or by imprisonment in the county jai'l not'to ~xceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general. law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural . clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.10.2, to put the subject premises into a bona fide agricultural use ~ ~,:~ -~ o ,~ ¢ ~ ~.~ shall constitute a misdemeanor .,.. "'*'~c~ **'~ ~"-~"~* .... ................. ~, ~ ......... ,~ .......... clea:Sng ~, ............ ~.~. ...... ~ .......... ~..-, ................... and each protected v ng, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offenSe and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. B~Restoration st~d~ds. If ~ alleged violation of this Code h~ occu~ed ~d upon a~eement be~een the development se~ices director ~d the violator, or if they c~ot a~ee, then, upon conviction by ~e cou~ or the code enforcement bo~d, in addition to ~y fine impos~, a restoration pl~ shall be ordered in accord~ce with the following st~d~ds: The restoration pl~ shall include ~e following mi~mum plating st~dards: TALg531109.5 a_.In the successful replacement of trees illegally removed, replacem~ be of sufficient size and quanti!y_t9 replace the dbh inches removed. )bh ~ DEC 1'0 2003 defined for the purposes of this ordinance as diameter of the tree, measured at a. height of 4.5 feet above natural grade. b_.Each replacement tree shall be Florida gl'adc No. 1 or better as graded by the Florida department of agriculture and consumer service. ' ' c_All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown sp.rea, d and have a minimum dbh of three inches. / / TAL~531109.5 (4) d_Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be pr0vi,ded in the restoration plan to control invasiofi of exotic vegetation (those species defined as exOtiC vegetation by the Collier County Land Development Code). (-5-) e_It shall be at the discretion of the development services director to allow for, an.y deviation from the above specified ratio. (-g,-)2. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (C)3_The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. ~ If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. ~--.rr:xq In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development orderor has appli~ for a building permit. (g-)6_. he development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. ~--,/-~r'-v7 The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land DEC 1 0 2003 shall be equal to or greater than the total sum it would cost to restore'the area in. which the'violation occurred. (Preservati'on oi'dlff'grent contiguous habitats is to be encouraged.) . ,... 3.9.6.9.11.2. Corrective measures for environmental violations. A. Mitigation. 1. The person(s) responsible for violations of the environmental sections of the Land. ~ Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to develoPm'efit services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed ~upon in the mitigation plan. 2. Mitigation shall restore the area disturbed .unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off- site mitigation shall be on lands Under the control of a public agency, or identified for public acqUisition, or on lands protected from 'future development. Ratios for off-site mitigation shall be as follows: two to one for .uplands and three to one for wetlands. 3. The selection of plants to be used shall be'based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and tYPe of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not' disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a tYPical building permit. ~ n/: n ~ B. Requirements for a mitigation plan. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. TALg531109.5 DEC 10 2003 2. The mitigation plan shall beprepared by a person who meets or exceeds the ' credentials specified in section 3.8.4. 3. The plan shall designate the person's name, address and telephone number that prepared the plan. "' 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. . . 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be' planted, or for the case of ground covers, show them in groupings. Large mitigation areas' may be designated by a more si'mplified method. 8. All plants proposed shall be denoted by genus, .species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest.. (provide type), farm, natural buffer area, lake, etc. 3.9.5.9.2. C_..~. Site-specific review criteria. 1. All plants used for mitigation shall be native Florida species. 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, .Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heaVily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4,1) in the mitigation area shall be required. 2.9.5.9.3. D.._:. County review of rnitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. TAL~531109.5 AC-.-~ ND A ITEM No. DEC 1 0 2003 2. ShoUld the county reject the mitigation plan, the reasons will be provided so the. applicant car/correct the plan and resubmit for county review. 3 c~ ~: ~ A E. Moniloring and replanting. 1. A monitoring program shall be required that Would determine the sUrVivability by ~ species of the plants used in the mitigation effort. A minimum of live reports will be submitted. Re. ports shall be due at one-year interval, s. 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. , 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county md/or Consultant find that over time, some of the' species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case 'will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. 3.9.5.9.5. F~ Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total siam it would cost to mitigate for the violation according to sections 3.9.11.2.A. 3.9.6.9 2.9.6.9.4 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~.12. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.813. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath ora natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8.13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.&.13.2. The vegetation removal is necessitated by disaster related damage. TAL#531109.5 AGENDA IT'~.M 8o. DEC 1 0 2003 3.9.8.13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). TALg531109.5 AOi~N~A IT,~EM No. DEC 1 0 2003 12/1/03 DRAFT TAB M 3.11 LISTED SPECIES ,/ ~TALg531110.4 DEC 1 0 2003 DIVISION 3.11. 12/1/03 DRAFT ENDANGERED, THREATENED' OR LISTED SPECIES PROTECTION. 3.11.1 GENERAL 3.11.1.1 TITLE AND 'CITATION , 3.11.1.2 PURPOSE 3.11.1.3 APPLICABILITY AND EXEMPTIONS A. GENERAL APPLICABILITY B. EXEMPTIONS 3.11.2 EIS AND MANAGEMENT PLANS 3.11.2.1 EXEMPTION FOR SINGLE FAMILY LOTS 3.11.2.2 EIS 3.11.2.3 MANAGEMENT PLANS A. GENERAL REQUIREMENTS B. REFERENCES 3.11.3 PROTECTIVE MEASURES 3.11.3.1 GENERAL , 3.11.3.2 SPECIES SPECIFIC REQUIREMENTS GOPHER TORTOISE FLORIDA SCRUB JAY BALD EAGLE RED-COCKADED WOODPECKER FLORIDA BLACK BEAR PANTHER WEST INDIAN MANATEE LOGGERHEAD AND OTHER LISTED SEA TURTLES B. C. D. E. F. G. H. 3.11.3 PENALTIES DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION 3.11.1 General. TALg531110.4 AGENDA I'1"~ No. DEC'I 3.11.1.1 Title and citation. This division shall be known and ma3/be cited as the "Collier County Endangered, Threatened, or Listed Species ProtectiOn' Regulations." 3.11.1_2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: A._:. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangei'ed, threatened or species of special concerti; B._=. United States Fish and Wildlife Service (USFWS) as endangered or threatened; and C_ Convention of International Trade in Endangered Species of Wild Fauna and F, lora (CITES) on Appendix 1, Appendix II, or Appendix III. 3.11.1.3. Nc;;' '-'* ~'";-- '~ .... ~ ......Applicability and Exemptions. / '/A. General Applicability: Except as provided in B. below, all new development shall be ./ / "directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. B. Exemptions: The following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; 2. all development within the RLSA District, except as specifically provided in Section 2.2.27; and 3. all development within the NBMO, except as specifically provided in SeCtion 2.2.31. 3.11.2 EIS and Management Plans 3.11.2. l .Exemption. Single-family lots that are not part of a previously approved subdivision or SDP shah not be required to prepare an EIS or a management plan. 3.11.3.12.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. For all parcels where listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on site, an EIS that includes a wildlife survey shall be required, as set forth in Section 3.8.5.7. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. Plans DEC I 3.11.2.3 Management Plus. ' ' A. General Requirements. A wildlife management plan shall be required for all projects where the wildlife su~ey indicates listed species are utilizing the site. These. pl~s shall deschbe how the proiect directs incompatible ]and uses away ~om listed species and their habitats and shall inco~orate proper tec~iques to'prot&c~ listed species and their habitat ~om the negative impacts of proposed development. B. References. The following references shah be 'used, as approphate, to prepare thc required management plans; 1. South Flohda Multi-Species Recove~ Plan, USFWS, ]999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. ' 3. Ecology and Habitat Protection Needs of GOpher ToAoise (Gophers polFphemu,) Populations found on Lands Slated 'f~r.. [~ge Scale Development in Florida, Tec~ica] Repo~ No. 4, F]ohda Game ~d Fresh Water Fish Co~ission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Flodda Scrub Jay (Aphelocoma coerulescens), Tec~ical Repo~ No. 8, Florida Game and Fresh Water Fish Commission, 1991. ~.l 1.3 Protective Measures, All developments subiect to this Division shah adhere to the following: 3.11.3.1 General. A. In those ~eas where clustehng is pe~itted, all developments shall be clustered to discourage impacts to listed species habitats. B. Open space and vegetation prese~ation requirements shall be used to establish buffer areas be~een wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife co, dom. D. AppTophate roadway crossings, u~de~asses, and silage shall be used where roads must cross wildlife condors. E. ~ listed species are directly obse~ed on site or indicated by evidence, such de~ing, foraging or other indications, phohty shall be given to prese~ing the habitat of that listed species, as provided in Section 3.9.4.1 .C. Management Plans shall contain a monitoring program for developments acres. ~i- ~.~._~ TAL#531110,4 greater than 10 AGENDA ITEM NO. DEC G. Letters of technical assistance from the FFWCC and recommendations from the'USFWS shall be deemed to be consistent with the GMP. ........ ~ ..... Recover. 3.11.3.3 Species Specific Requirements. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and written recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, my change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3 and 3.11.3.1' 9.! I.~.4 A. Gopher Tortoise (Gopherus polyphemus). t~1.)- All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. {2.) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. (3.)-Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. AGENDA ITEM DEC 1 0 200. TALg531110.4 (4. en go ~r to~oises ~e identified on sit~, a r'~t .............. ........ J ~., ~11;.. ~ .... *1, .~...: .....- : ....,~rc the protectio~m~agement pl~ shall include, but not be limited to the following items: ~ a cu~ent gopher tortoise sumey, which shall be field-verified by plaing semices staff; ~ a proposal for eider maintaining ~e population ih place or relocating it; ~ a site pl~ identif~ng the bound~es of the gopher to~oise prese~e; ~d~ the method of relocation if necess~; ~h the proposed supplemental platings if needed; ~ a detail of the gopher to~oise prese~e fencing; ~ ~ mainten~ce pl~ describing exotic removal ~d ~ vegetation m~agement; .~d. ~ identification of persons responsible for ~e initial ~d ~ual protectio~management of the to~oises ~d the prese~e ~ea. Suitable gopher to~oise habitat shall be desi~ated on ~e site pl~ at the time of the first development order submittal. Suitable habitat prese~ed on site shall be credited to the prese~ation requirement as specified in section 3.9.5A~ of this Code. (5.~ Suitable habitat shall be defined as having the following characteristics: ~a~ the presence of well-drained, sandy soils, which allow easy b~owing for gopher to~oises,i ~ appropriate herbaceous gound cover (if not present, supplemental food sources shall be planted~ ~= generally open c~opy ~d sparse s~ub cover which allow sufficient sunli~t to reach the gound,; and ~ t~ically, includes the presence of an existing gopher to~oise population. 6. Off site relocation plus ~ shall be pe~i~ to meet all or p~ of ~e on-site gopher to~oise habitat prese~ation requirements ~der ~e following circumst~ces: a.) ~ere suitable habitat does not exist on-site; or, b.) ~ere a prope~y o~er meets ~e minimm on-site native vegetation prese~ations requirements of t~s Code with j~sdictional wetl~ds ~d does not provide appropriate habitat for gopher to~oises ~ deschbed above; or, c.) Where scientific data has been presented to the communitI devC~~ and environmental services administrator, or his desi aee,~ ~ TAL8531110.4 environmental professional opinion is rendered that the' requirement to provide the required on-site gopher tortoise habitat preservation area will , Not be conducive to the lopg .term he'alih of the on site population of tortoises. .. 7. If an off. site relocation plan is authorized under one or, more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservati'on Commission. Where appropriate, a combination of on-site preservation and ~off-.sit. e relocation may be considered. ~ 8. When relocating tortoises on.site, the density shall be reviewed on a case by case basis and no more than five' tortoises per acre will be considered a suitable density. (--7-) 9_. When identifying the native vegetation preservation requi.rement of section 3.9.5_7. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largeSt, most contiguous gopher tortOise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent ~g°pher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2,10. of this Code or, if the project is not platted, shall provide such language on the approved site development plan. un,~.. '^ allow ^cc ~:~ ~1~,~1-;,-.,,~ ,-~£ ' 'p~ *~"'"*'":~ ilt shall be a priority to ...................... gc er ......... , _ preserve Scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most. e. ndangered habitats in Collier County, regardless of whether gopher tortoises are relocated off-site. (g) 10. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. rm 11. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in~,,~.,,,~,~,,,..~";'~*;"~ ~.. a ~ ~..,. ~ .~r,~x.x .! 4 through 10 above; when these lots are not a part of a previous development which has been required to comply with subsectic, n.,., ~ ~.._,.-~-! ~ '~r'~ 4 through 10. I-Iewever, gopher tortoises shall be protected pursuant to pm'agraphs 1, 2 and 3 ¢~q4~-see44~, above. B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. C. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of ac ~%L#531110.4 tvt tte. eala~lg~ DEC 1 0 03 the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to a~ti~,e clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize' on-site disturbance and compensate or mitigate for impacts that remain. These requirements .shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. Florida black bear. In areas where the Florida black bear (Ursus arnericanus_floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more 'central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. . . Panther. For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the 3.11.4. project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative cOmmunities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, and with the provisions set forth in this section.. West Indian Manatee. The management and protection plans for the West Indian Manatee are set forth in Section 2.6.22. Loggerhead and other listed sea turtles. The management and protection plans for listed sea turtles shall be as set forth in Division 3.10. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or finn who violates this division or fails to comply with any of its requirements shall UPon conviction thereof be freed, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise Shall constitute a separate violation. It is not the intent to include tortOises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to~e~nforr~.the provisions of this division. TAI_~531110.4 DEC , 003 12/1/03 draft TAB N DIVISION 6.2 ABBREVIATIONS DIVISION 6.3 DEFINITIONS TAL#532406.1 DEC 1 0 2003 , 12/I/03 D1L~FT DIVISION 6.2 ABBREVIATIONS AASHTO No change ACSC Big Cypress Area of Critical State Concern NBMO ,/NOAA NRPA PSP RFMU RLSA ADT through EAB No change EIS Environmental Impact Statement FDOT through LDR No change North Belle Meade Overlay No change Natural Resource Protection Area No change Rural Fringe Mixed-Use Rural Lands Stewardship Area SDP through SEC No change TDR Transfer of development rights DIVISION 6.3 DEFINITIONS AASHTO through Adult day care No change Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact or .... ,,c th,- following: [isle~d species and their habit.'i; 'na~A~I~'- T~406.1 DEC 2003 reservations and other areas of protected native vegetation; , wetlands; surface or' g~oundwater; natural waterbodies; air quality, and historiC or arche'ological resources identified by Collier County or the State of Florida. , Advertising structure thrOugh Aeronautics ......... ~cus'.ng: Affordable housing density through Boathouse, private No change Bonus Credit: A unit representing ~he right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum requir6d density. [sec.2.2.2½.2.B,3.b] Bottle club through Church or place of religious worship No change Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Class A residuals through Club, private Cluster Development: No change A design technique allowed within residential zoning districts ~' ..... ~..~:*;~-"~. · . .... ,~., .......... or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, w:'th +~e ..... ; ..... ' ~'~;-- -~'~ in order to: increa open space; reAuce the overall development ~'ea: .reduce alterations and impacts to natural resources on the site;, to preserve additional native' vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to centrai sewer and water, fe .....,... -~ ,~ ,~.~ ~ Coastal area planning district through Comprehensive plan No change CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. [sec.2.2.17] Conceptual site plan through Demolition No change Density Blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. ,/Density, residential through Development agreement / " No change Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes .and Administrative Code, which may include the construction of all-weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing') Development, infill through Environmental advisory board No change Environmental Impact Statement (ELS): A document..~,~ ..... ....... ;'-~'~ ~ per ............ '~"':~;^- ~ Q _or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, and environmental quality, and listed species. Environmental quality through Erected No change DEC 1 0 2003 Essential sServices: gas, +~1~.1~ se~ices and facilities, including utilities, safety sc~iccs, and other gove~ent se~ic~s,, necess~ to promote ~d protect public health, safety and welfare~ including but not limited to the following: police; fire, emergency medical, public park and public libra~ facilities; and all sc~iccs desired and operated to provide watcr, scwer,.gas, 'tel~honc, elect~city,, cable television or co~unications to thc general public by providers that have been approved and autho~zed according' to laws having appropriate ju~sdiction, and governmental facilities. ,/ ,/ Established pattern of regular maintenance through ExiSting No change Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Facade through Floridan aquifer system No change Flowway: A natural or manmade swath of land, varying in Width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Freeze damaged mangroves through Grade No change Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec. 2.2.2½.2.B.6] Groundcover through Household income No change TAL#532406.1 DEC1 0 2003 Housing~ Affgrdable: Housing, Workforce: One or more residential d~'ell!ng units With a monthly rent or monthly .mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent ol less (for very low income), 50 percent to 80 percent (for lo~ income), or 80 percent to 100 percent (for moderate income) of the median adiusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term affordable housing includes workforee housing which .is limited to owner occupied housing with a monthly mortgage payrnent, including property taxes and insurance, not in excess of.l/12 of 30 percent of an amount which represents 50 perceht to 100 percent of the median adjusted'gross annual 'income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area' (MSA). (See section 2.7.7.) Owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent'to 100 percent 'of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) HRS through National Register of Historic Places No change Native Vegetation: Native vegetation means Nnative sgouthern Floridian species as determined by accepted valid scientific references . ~ identified in section 2.4.4.)-Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined as a vegetative community having 75% or less canopy coverage ofmelaleuca or other invasive exotic plant species. Natural Reservation: The term natural reservation refers to large areas set aside for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands desi 'hated Conservation on the Collier County Future Land Us, Map~, TALg532406.1 including but not limited to, Everglades National Park; Big Cypress National Preserve, Florida Panther National Wildlife Refuge, 'Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery .Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State. Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary. Natural resources No change Natural Waterbody: A naturally occurring lake, pond, lagoon, river, stream, 'creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Navigable waterway through Neat cement grout No change Neighborhood Center: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail 'and office uses and shall include a public park, square, or green. Neighboring property (blasting) through Nesting zone (sea turtles) No change Neutral Lands: Lands located within the RFMU District that are generally depiected located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [sec.2.2.2~,3] NGVD through Nonstandard takeoff minimums No change North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as the North Belle Meade Overlay. [ see. 2.2.31] Nursery, plant through Office, medical/clinic No change Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction NO,,__ -- 20{33 On-site through On-site sewage ,dispoSal system No change processing includes oil and gas exploration and oil and gas field development ant] prodU,ct!on as defined above. Open Space: :-~"~: ........ *~ ....... ~eas that are not occupied by buildings, imperious parking ~eas, s~eets, ~veways or loading areas which may be equipped or developed wi~ amenities desired to encourage the use and enioment of ' the space either privately or by the general public. Examples of open space include: areas of prese~ed indigenous native vegetation; areas replanted' With vegetation after construction; lams, landscaped areas and ~eenways; outdoor recreational hcilities; and, Plazas, atriums, cou~yards and Other simil~ public spaces. Open Space, Common: r, ..... c~.~. e,,~ m..ans tThose areas within or related to a development, not in individually owned lots or ................... : es e an intended to be accessible to, and for the common use or enjoyment of, th6 i~esidents of the development, or the general public. Open Space, Usable: Active or passive recreation areas such as playgrounds, tennis courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation ~d or landscaped areas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street fights-of-way ..... , .,,~.~ ~;...,~.~.. ~ ~.~ .~.,~,~.. .. .~ c^~.. public-use, driveways, off-street parking areas, and off- street loading areas shall not be counted in determining usable open space. Ordinary repairs or maintenance through Passenger vehicle No change Pathway: A defined corridor for the pr/mary use of non-mr travel. TAL~532406.1 ACk. IDA ITEM DEC/ . 2003 Patio through Reiail, accessory No change RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the' Official Zoning Atlas as the Rural Fringe Mixed Use District, which ls generally a transition'between' the Urban and Estates Designated lands hnd between the Urban and Agricultural/Rural and Conservation'designated lands farther to the east. [ sec. 2.2.2½] RFMU Receiving Lands: / / RFMU Sending Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [sec. 2.2.2½.2] Lands located within the RFMU District that are generally depiected located on. the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [sec'.2.2.2½.4] Right-of-way through Rural subdivision No change Rural Village: A form of development within RFMU Receiving Lands that includes the following mixture uses: residential housing types; institutional uses; commercial uses; and, recreational uses and comprised of several neighborhoods designed in a compact nature such that a maiority of residential development within comfortable walking distance to the Neighborhood Centers. [sec. 2.2.2½.2.B] Safety service facility through Takeout prepared food store No change TDR Credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [sec. 2.6.39] Temporary dewatering through Trailer, travel No change Transfer of Development Rights: The transfer of development rights from one another parcel in_.a manner that allows an increa,, TAL//532406.1 e in,t. he 2003 density or intensity of development on the receiving property with a correiponding decrease in the remaining development rights on the sending property. Transfer station through Variance No change Vegetation, Category. I Invasive Exotic: Invasive ex~tic vegetation' that is altering native vegetation communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing 'with native 'species. Veeetation, Category, II Invasive Exotic: l_nvasive exotic vegetation that has increased in abundance or frequency but have not yet altered nafivq plant communities .by .displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species.. vegetation, Exotic: A plant species introduced to Florida, purPosefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics. Vegetation, Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Vegetation~ Naturalized: Eexotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation~ Prohibited Exotic: Category I or Category II Invasive Exotic Vegetation limited to the following: specifically include the following: +",-, 11 .... Earleaf acacia (Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle (Rhodomyrtus tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing~Tm spp.). TALg532406.1 AC-IF. NOA ITEM No. DEC 1 0 2003 Air potato (Dioscorea bulbifera). ' ' . . Lather leaf(Colubrin~ &siaiic,a): ~ I Carrotwood. (Cuponiopsis anacardioides). Vegetation map through .Viable wetland ' * No change Village Centeri '' A distinct area within a Rural Village that serves as the pr/mary location for commercial uses, including retail and .... office, and of civic, and government uses. . . Visual runway through Wellfield risk management special treatment overlay zone No change n ...................... per management ~1 ........... +: .... =~ .... + ~^':~' ~ ~ ~ Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymoUs. . . Wetland Function: A quantitative and 'qualitative measure of the degree to ~ which a iur/sdictional wetland provides hydrologic and habitat or other benefits for listed species, measured using the Unified Wetland' Mitigation Assessment Method, F.A.C. Chapter 62-345. Wholesale through Zero lot line housing No change TALg532406. l AGENDA I'rEM No. DEC' 1 0 2003 Co- er Co .t.y TO: Board of County Commissioners FROM: Russell Webb, Principal Planner DATE: December 4, 2003 SUBJECT: Land Development Code Amendments For 2003 Cycle 3 The BCC meeting will take place Wednesday, December 10th in the BCC Meeting Room, Admin. Building, County Government Center, 5:05 P.M. Enclosed are a portion of the proposed Amendments to the 2003-Cycle 3 Land Development Code that will be reviewed at this meeting. Please note that these are the LDC Amendments not pertaining to the Eastern Lands/Rural Fringe and are a separate and distinct packet from the set of Amendments dealing with the Eastern Lands/Rural Fringe that you will also be receiving. If you have any questions please call me at 403-2322. PLANNING SERVICES DEPARTMENT © 0 ~ ..~ "'ID 0 =oo~°~ ORIGIN: AUTHOR: RUssell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:12 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division Cycle 3, 2003 2.2.2.2.1. and 2.2.2.3. Supplement 13 REASON: FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the rural agricultural district. The interlocal agreement between the BCC and the Collier County School Board mandates this. OTHER NOTES: None. Amend the LDC as follows: 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: Dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestoc hogs) not to exceed two such animals for each acre, and with no ope~ fee~li~ts~ for DEC 1 0'2003 /? personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. a. Owning, maintaining or operating any facility or part thereof for lthe following purposes is prohibited: 1. Fighting or baiting any animal by the owner of such facility or any other person or entity. 2. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. 3. For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it maybe amended from time to time. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: a. Minimum 20 acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2.6.35. 9. Essential services, as set forth in section 2.6.9.1. 10. Schools, public, including "Educational Plants." 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedure: ~°;'~'~t~il~r~ division 2.7.4. ~ ~io. DEC 1 0 '2003 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising standards: a. b. (venomous) subject to the following Minimum 20 acre parcel size. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and [I); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.. section 2.6.26 when located within the Urban Designated Area on thc Use Map to the Collier County Gr~9~th Management Plan. all subject to DEC 1 0 2003 19 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field developme, nt permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. c. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administr~ ive fll~f~c.e~ and associated parking. DEC 1 0 '2003 h. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occulJancy shall be constructed or 'created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this Land Development Code] and the Noise Ordinance No.'90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida State Park System as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; and (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or .patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. (4) and mufflers designed to reduce noise. Motor vehicles shall be equipped with engines which include spark arrestors DEC 1 02003 (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during' the conditional use process. (6) Motor vehicles shall be permitted to operate during daYlight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Dairying; ranching; livestock raising; poultry and egg production; milk production; animal breeding, raising, training, stabling or kenneling on parcels less than 20 acres in size. This is not to preclude an individual prOperty owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for personal use and not in association with a commercial agricultural activity on parcels less than 20 acres in size. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: a. Minimum 20 acre parcel size. b. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in section 2.6.9.2. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. DEC 1,0'2003 2. Side yard. 30 feet. 3. Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. o ao b. on each side. c. Rear yard. 30 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. Frontyard. 40 feet. Side yard. Ten percent of the lot width, not to exceed a maximum of 20 feet AC~..NDA DEC 10:2003 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:20 2.2.3.2.1. and 2.2.3.3. Supplement 15 Community Development and Environmental Services Division Cycle 3, 2003 REASON: Adding'Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the estates district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.3.2.1. 1. 2. 3. 4. Permitted uses. Single-family dwelling. Family care facilities, subject to section 2.6.26. Essential services, as set forth in section 2.6.9.1. Schools, public, including "Educational Plants." A~A I'I"g.M No. DEC 1 0 2003 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates' district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of section 2.2.3.3.6; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individUals; b. Result in substantial physical damage to the property of others; or Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21, U.S. Code. 7. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site area shall not exceed 20 acres. 8. Essential services, as set forth in section 2.6.9.2. 9. Ancillary Plants. 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case off A~.~i~NDA I'r~.lV~ DEC 1 0'2003 Conforming comer lots, in which only one full depth setback shall be required along the, shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 Percent. Note: For lots which do not conform to the m~mmum lot width or area requiremeriis, see definition of yard, front. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the. average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AG~A ITEM DEC 1 0 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Joyce Ernst, Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:22 LDC SECTION: 2.2.3.4.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Revise language to clarify setbacks (required yards) for comer lots in the E (Estates) zoning district. The setbacks themselves will remain unchanged. REASON: Setback requirements for comer lots in the Estates zoning district are unusual, since property lines of lots in the Golden Gate Estates Subdivision are located in the center of the road right-of-way (ROW) and do not coincide with the ROW line as is 'normally the case. The confusing language and the placement in the LDC of setback information for these lots have resulted in errors on the part of the public and Development Services staff requiring variances to correct. This amendment consolidates the information in the section dealing with the Estates zoning district, and clarifies the language. FISCAL & OPERATIONAL IMPACTS: The change will hopefully eliminate the need for certain variance petitions, allowing staff more time to deal with other land use petitions. RELATED CODES OR REGULATIONS: LDC Div. 6.3 Definitions: yard, front GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.2.3. Estates district (E). 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: DEC 10'2003 n. Conforming comer lots, in which only one full depth setback shall ' be required along the shorter lot line along the street. The setback along the longer lot line m,ay be reduced by up ~" ~t~ ...... , ..... ; ..... , .... ~.~r.~;,;~. ,.~r .... , c..~.., to 37.5 feet so lon~ as no h~ht-of-way or fi~ht-of-way easement i~ included within thc reduced ~ont yard. (See Exhibit A) Nonconforming comer lots of record, 'in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced to 15 feet, so long as no fight-of-way or fight-of-way easement is included within the reduced front yard. (See Exhibit B) Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the fight-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Sideyard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. DEC 1 0'2003 A~IDA I'1~ I~. DEC 1 0'2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Community Development and Environmental Services Division LDC2:24 2.2.4.2.1. Supplement 15 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Adding Educational Plants to the permitted uses in the residential single-family district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants;" however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 2.2.4.4.4. Minimum yard requirements. ACtA ITEM No. DEC 1 0'2003 1. Front yard. RSF-I: 50 feet. RSF-2:40 feet. RSF-3:30 feet. RSF-4:25 feet. RSF-5 and 6:25 feet. 2. $ide yard. RSF- 1: 30 feet. RSF-2:20 feet. RSF-3:7.5 feet. (Waterfront: 10 feet.) RSF-4:7.5 feet. (Waterfront: 10 feet.) RSF-5 and 6:7.5 feet. (Waterfront: 10 feet.) 3. Rear yard. RSF-I: 50 feet. RSF-2:30 feet. RSF-3:25 feet. RSF-4:25 feet. RSF-5 and 6:20 feet. 4. Accessory structure yard. See section 2.6.2. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines AGENDA ITEM No. DEC 102003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:26.1 2.2.5.2.1. and 2.2.5.3. Cycle 3, 2003 Supplement 15 LDC SUPPLEMENT #: CHANGE: REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-6 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: N'one. OTHER NOTES: None. Amend the LDC as follows: 2.2.5.2.1. I. 2. 3. 4. 5. Permitted uses. Single-family dwellings. Duplexes, two-family dwellings. Multiple-family dwellings, townhouses except as provided by section 2.6.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. DEC 1 0'2003 2.2.5.3. Conditional uses. The following uses are' permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in division section 2.7.4: 1. Churches andhouses of worship. 2. Schools, -"~'~ v ........ private. Also, "Ancillary Plants" for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22. 8. Cluster development, subject to section 2.6.27. 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One (Single) Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family 25' 10'* 20' Dwelling Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are m outside wall of the principal structure. ~ DEC 1 0'2003 Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA I'r~ No.. DEC 1 0'2003 ORIGIN: AUTHOR: Russell Webb ~ DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:28 2.2.6.2.1. and 2.2.6.3. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 9 (2.2.6.2.1 .) and Supplement 14 (2.2.6.3.) REASON: Adding' Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-.family- 12 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.6.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. Townhouses, subject to the provisions of section 2.6.36. Duplexes. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. Family care facilities, subject to section 2.6.26. No. DEC 1 0'2003 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.6.3. residential established 1. 2. 3. 4. 5. 6. Conditional uses. The following uses are permissible as conditional uses in the multiple-family-12 district (RMF-12), subject to the standards and procedures in di:dsion section 2.7.4: Child care centers and .adult day care centers. Churches and houses of worship. Civic and cultural facilities. Noncommercial boat launching facilities, subject to section 2.6.22. Schools, public and :private, Also, "Ancillary Plants" for public schools. Group care facilities (category I and ID; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--Thirty feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA ITEM No. DEC 1 0 2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:31 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division 2.2.7.2.1. and 2.2.7.3. Supplement 14 REASON: Cycle 3, 2003 Adding 'Educational Plants to the permitted uses and Ancillary conditional uses in the residential multiple-family- 16 district. Plants to the The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.7.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. Townhouses, subject to the provisions of section 2.6.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. -- AC~E. NDA I'1"~.~ DEC 1 O 2003 2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures' established in ~iv:,:~.c,n section 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools, ~11~1;A Arid private. Also, "Ancillary Plants" for public schools. Group care facilities (category I and II); care units; nursing homes; assisted liviag facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. DEC 10 2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:33 2.2.8.3. LDC SUPPLEMENT #: Supplement 12 CHANGE: REASON: Cycle 3, 2003 Adding Ancillary Plants to the conditional uses in the residential tourist district. The interlocal agreement between the BCC 'and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in divi:ic, n section 2.7.4: 1. Churches and other places of worship. 2. Marinas, subject to section 2.6.22. 3. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and I1); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; al section 2.6.26. DEC 1 '0 2003 6. 7. 8. Private clubs. Yacht clubs. ' Permitted uses not to excged 125 feet in height. Ancillary Plants. 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 2. Side yards--One-half the building height as m6asured from each exterior wall with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured fi'om each exterior wall with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accesso _ry structures: 25 feet from all property lines. DEC 1 0 2003 n. d-/ _ OR/GIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:35 Community Development .and Environmental Services Division' . Cycle 3, 2003 LDC SECTION: 2.2.9.2.1. and 2.2.9.3. LDC SUPPLEMENT #: Supplement 9 CHANGE: Adding Educati°nal Plants to the permitted uses and Ancillary Plants to the conditional uses in the village residential district. R~ASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.9.2.1. 1. 2. 3. 4. Permitted uses. Single-family dwellings. Dtiplcxes. Multiple-family dwellings. Mobile homes. 5. Family care facilities, subject to section 2.6.26. 6. Educational Plants; however, any high school located in this compatibility review as described in Division 3.3. of the code. 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the vill,age residential district (VR), subject to the standards and procedures established in '-~;,,~^-, section 2.7.4: 1. Boatyards, subject to the applicable review criteria' set forth in section 2.6.21, and marinas. 3. 4. 5. 6. 7. 8. Child care centers and adult day care centers. Churches and other houses of worship. Civic and cultural facilities. Cluster housing, subject to section 2.6.27. Fratemal and social clubs. Schools, v .....and private. AlSo, "Ancillary Plants" for public schools Group care facilities (category I and I0; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district (VR). TABLE INSET: AC-~A I'r~.M No. [3EC 1 0::2003 Single- Duplex Multiple- Accessory IConditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 35 feet 2.6.2 Side yard 5 feet* 15 feet 15 feet Section 15 feet 2.6.2 Rear yard 20 feet 30 feet 30 feet Section 30 feet 2.6.2 *Waterfront: 10 feet. ' 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 N/A N/A density** units/gross units/gross units/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. .b. For accessory structures: 25 feet from all property lines. * No building may contain more~,levels of habitable space. AC~ENOA I'l'~J~ No. DEC 1.0' 2003 ** Actual maximum density shall be detemfined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Coll'ier County Growth Management Plan, not to exceed the above specified density f6r each use. DEC 1 0.2003 ORIGIN: AUTHOR: Russell Webb. DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Community Development and Environmental Services Division Cycle. 3, 2003 LDC PAGE: LDC2:36.1 LDC SECTION: 2.2.10.2.1. LDC SUPPLEMENT #: Supplement 11 CHANGE: REASON: Adding Educational Plants to the permitted uses in the mobile home district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.10.2.1. Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. DEC 1'0"2003 5. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.1. Front yard. 25 feet. 2.2.10.4.3.2. 2.2.10.4.3.3. Side yard. Seven and one-half feet, except when adjacent to public roads external to the boundaries of the project, 50 feet or when it is a waterfront yard, 10 feet.. Rearyard. Ten feet. 2.2.10.4.3.4. From exterior boundary of project or park, 15 feet or the minimum applica,ble yard, whichever is greater. Yard exceptions. Any nonconforming, platted MH lot of record or nonconforming MH lot located within a mobile home rental park which was in existence before the effective date of this Code shall be subject to the following standards: Frontyard. Ten feet Side yard. Five feet or zero feet, where carports are connected at comer lot line. Where a zero feet yard is utilized a minimum yard of ten feet must be utilized for the opposite yard. When a yard is a waterfront, the setback is 10 feet. Rearyard. Eight feet. (Waterfront: 10 feet.) 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines b. For accessory structures: 25 feet from all property lines. DEC 10"2003 OR/GIN: Community Development and Environmental SerVices Division AUTHOR: Russell. Webb DEPARTMENT: Planning Services . AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC2:42 ' LDC SECTION: 2.2.12.2.1. and 2.2.12.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: ' Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial professional and general office district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: '. None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Nohe. OTHER NOTES: None. Amend the LDC as follows: 2.2.12.2.1. 1. 2. 3. 4. 5. o Permitted uses. Accounting, auditing and bookkeeping services (8721). Automobile parking (7521) parking lots only. Barber shops (7241), except barber schools. Beauty shops (7231), except beauty schools. Business services (groups 7311, 7313, 7322--7331, 7338, 7371, 7372, 7374--7376, 7379). Child day care serVices (8351). DEC 1'0:' 2003 7. Educational Plants. 8. Group cm-e facilities (category I 'and II} except for homeless shelters); cal-e units, except for homeless shel,ters; nursing homes;, assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing, care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26'. 9. Offices for engineering, architectural, 'and surveying services (groups 07.81, 8711-- 8713). 10. Health services (8011--8049). 11. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). 12. Insurance carders, 'agents and brokers (grouPs 631 i--6399, 6411). 13. Legal services (8111). 14. Management and pUblic relations services, (g~oups 8741--8743, 8748). 15. Miscellaneous personal services (7291 or 7299, debt counseling only). 16. Nondepository credit institutions (groups 6141--6163). 17. Photographic studios (7221). 18. Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). 19. Real estate (groups 6531--6552). 20. Shoe repair shops and shoeshine parlors (7251). 21. Security and commodity brokers, dealer, exchanges and services (groups 6211-- 6289). 22. Transportation services (4724), travel agencies only. 23. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. A~qOA ~T~ DEC 1 0' 2003 (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) 2.2.12.3. Conditional uses. The following uses are permissible as conditional Uses in the (C'-,1) commercial professional and general office district, subject to the standards and procedures established in div'~sic, n section 2.7.4. 1. Ancillary Plants. 2. Automobile parking (7521), garages-automobile parking, parking structures. 3. Churches and other places of worship. 4. Civic, social and fratemal associations (8641). 5. Depository institutions (groups 6011--6099). 6. Educational services (8211--8231, except regional libraries). 7. Homeless shelters, as defined by this Code. 8. Increased building height to a maximum of 50 feet. 9. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; Building height may not exceed two stories; AGENDA fi'EM No. DEC 2003 h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet;' three- bedroom, 960 square feet; ' i. A minimum of 30 pe, rcent Of the mixed' use development shall be maintained as open space. The following may be used to satisfy the open spaoe requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for pm-king (parking lot islands may not be used unless existing'native vegetation is maintained); .. j. The mixed commercial/residential, structure shall be designed to enhance compatibility of the commercial and residential user through such measures as, but not limited to, minimizing noise associated with commercial uses; directing' commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 10. Nursing and personal care facilities (8082). 11. Funeral service (7261 except crematories). 12. Religious organizations (8661). 13. 14. Soup kitchens, as defined by this Code. Veterinarian's office (0742), excluding outdoor kenneling. 15. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Minimum yard requirement from any residentially zoned or uses pro! errv. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all, proper/y lines. b. For accessory structures: 25 feet from all property lines. DEC 10'2003 ps.. ORIGIN: AUTHOR: Russell Webb , DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:46 Community Development and Environmental SerVices Division Cycle 3, 2003 LDC SECTION: SUPPLEMENT #: 2.2.13.2.1. and 2.2.13.3. Supplement 15 CHANGE: Adding' Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial convenience district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Non~. OTHER NOTES: None. Amend the LDC as follows: 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 2. Apparel and accessory stores with 1,800 with square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Business services (groups 7311, 7313, 7322--7338, 7371--7379, 7384). 4. Eating places with structure (5812 except industrial feeding). 2,800 square feet or less of gross floor area in_the principal contract feeding, dinner theaters, food service (inst~ DEC 10:'2003 5. Educational Plants. 6. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). ' 7. Gasoline service stations (5541 subject to section 2.6.28). ' 8. General merchandise stores with' 1,800 square feet br less of gross floor area in the principal structure (5331--5399). 9. Group care facilities (category I and 11, except for homeless shelters); care units, except for homeless shelters; nursing homes; .assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 10. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). 11. Health services (groups 8011--8049, 8082). 12. Home furniture, furnishing and equipment stores with 1,800 square 'feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). 13. Libraries (8231) except regional libraries 14. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). 15. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 16. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). 17. Personal services (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 18. United States Postal Service (4311 except major distribution center). 19. Veterinary services (0742 excluding outside kenneling). 20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). (NOTE: Due to the inclusion of paragraph 5, the subsequent parag~ renumbered.) apns nIIgflOA ~e DEC 1 O' 2003 '2.2.13.3. Conditional uses. The following uses are 'permissible as conditional uses in the commercial convenience district (C-2), subject to the standards and procedures establishe~l in di;'isi~n section 2.7.4. 1..Ancillary Plant. 2. Educational services (822.1, 8222) except regional libraries. 3. Homeless shelters, as defined by this Code. 4. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped are ..... areas; or setback areas not covered with impervious surface or use l ~'or~l~m~ DEC 1: 0' 2003 (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/resi'dential structure shall be designed to 'enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular' accessways and parking areas from residential units, to the greatest extent possible. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens, as defined by this Code. 8. Any other convenience commercial use' which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.13.4.3. Minimum yard requirements. 1. Front yard. 25' feet. 2. Sideyard. 15 feet. 3. Rear yard. 15 feet. 4. ,,tny yard abutting a residential parcel. A minimum of 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. DEC 10" 2003 n. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:50 Community Development and Environmental Services Division Cycle 3, 2003 LDC SECTION: 2.2.14.2.1. and 2.2.14.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial intermediate district. RI?ASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparel and accessory stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (5531). activity of "wrecker service (towing) automobiles, road and towing service. Automotive services (7549) except that this shall not be construed to permit the A~IDA ITEM No. DEC 1 0'2003 n. 5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, 'cloth cutting, contractors' disbursement, cosmetic kits,~ cotton inspection, c~tton sampler, directori'es:tel6i~hone, drive-away automobile, exhibits- building, filling pressure containers, field warehousing, fire extinguisher, floats- decoration, folding and' refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powei'line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 6. Eating places, with 6,000 square feet or less. in gross floor area in the principal structure (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locationa~l requirements of section 2..6.10. 7. Educational Plants. 8. Food stores with 5,000 square feet or less of gross floor area in the Principal structure (groups 5411--5499). .. 9. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 10. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 11. [Reserved.] 12. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 13. Libraries (8231). 14. Marinas (4493), subject to section 2.6.22. 15. Membership organizations (8611--8699). 16. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binOcular repair, camera repair, key dupliCating, lawnmower repair, leather gOodS repair, locksmith shop, picture framing, and pocketbook repair only). DEC 10' 2003 17. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except'pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hOt tubs, monuments, swimming pools, tombstones and whirlpool baths). 18. Museums and art galleries (8412). 19. Nondepository credit institutions '(groups 6111--6163). 20. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). 21. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatqry salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). 22. Physical fitness facilities (7991). 23. Public administration (groups 9111--9199, 9229, 9311, 9411--9451, 9511--9532, 9611--9661). 24. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). 25. Veterinary services (groups 0742, 0752 excluding outside kenneling). 26. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 27. United States Postal Service (4311 except major distribution centers). 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 29. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) CIEC 1'0 2003 2.2.14.3. Conditional uses...The' following uses 'are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in division section 2.7.4.' , 1. Amusements and recreation services (groups, 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. 3. Drinking places (5813) excluding bottle clubs. All establishments engaged 'in the retail sale of alcoholic beverages for on-premise' consumption are subject to the locational requirements of section 2.6.10. 4. Educational services (8221, 8222). 5. Food stores with greater than 5,000 square feet of gross floor area in the' principal structure (groups 5411--5499). 6. Homeless shelters, as defined by this Code. 7. Hospitals (groups 8062--8069). 8. Justice, public order and safety (groups 9211, 9222, 9224, 9229). 9. Social services (8322--8399). 10. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor xrea of the building or the density permitted under the growth management plan; N~ DEC 1'0:' 2003 g. Building height may not exceed two stories; ~ h. Each residential dwelling unit, 'shall contain the following minimum floor areas: efficiency and one-bedroOm, 450 square feet; two-bedroom, 650 square feet; three-bedroom, 900 square feet; ~ i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be u'sed to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation' areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and ~ residential uses through such measures as, but not limited to, minimizing noise associated with commerdial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking al'cas from residential units, to the greatest extent possible. 11. Motion picture theaters, except drive-in (783'2). 12. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 13. 14. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the pr/ncipal structure. Permitted use with less than 700 square feet gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Vocational schools (8243--8299). 17. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragrap! renumbered.) No. DEC 10'2003 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. 2. Side yard. One-half of the building height as measured from grade with a minimum ' of 15 feet. ,/ 3. Rear yard 15 feet or one-half of the height of the building as measured from grade, whichever is the greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Waterfront. 25 feet, except none for marinas. 6. Yard Requirements for public schools a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines A~D~N)A ITEM No. DEC 1 0 2003 ORIGIN: AUTHOR: Russell Webb ~ DEPARTMENT: Planning Servic,es AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2.'56 Community Development and Environmental serVices Division Cycle 3, 2003 LDC SECTION: 2.2.15.2.1. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding Ancillary Plants and EduCational Plants to the permitted uses in the general commercial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Non~.' OTHER NOTES: None. Amend the LDC as follows: 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752, except outdoor kenneling, 0783). Amusements and recreation services, indoor (groups 7911--7941,7991--7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. 4. Ancillary Plants. DEC ' 2003 Automotive dealers and gasoline service stations (groups 5511, 5531, 5541' with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only). Automotive repair, services, parking (groups 7514, 7515, 7521 except that tiffs shall not be construed to. permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carw~ishes abutting 'residential zoning districts shall be subject to the following criteria: Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity, rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Co Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectfiral theme along each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the build be located in any required yard area. itlP . h1 nv nc~t AGF_NDA ri'EM DEC 10'2003 11. i. , Hours of operation. Carwashes abutting residential districts shhll be closed from 10:00 p.m. to 7:00 a.m.. Building materials, hardware and garden supplies (groups 5231--5261). Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, '7382--7389 except auctioneering service,' automobile recovery, automobile repossession, batik work, .bottle exchanges, bronzing, cloth cutting, contractors' disbUrsement, cosmetic kits, cotton inspection, cotton sampler, directories ' teleiohone, drive-away automobile, exhibits-building, filling pressUre containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, ~packaging and labeling, patrol of electric transmission or gas lines, pipeline, or powerline. inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, ~swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). .. Commercial printing (2752, excluding newspapers). Communications (groups 4812--4841)'including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 12. Educational Plants. 13. 14. 15. 16. 17. Educational services (8221, 8222) Engineering, accounting, research, management and related services (groups 871 I--8748). Food stores (groups 5411--5499). General merchandise stores (5311). Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and ;~,,,~i,~.t?~ DEC 10';'003 retirement communities pursuant to § 651 F.S. and ch. 4-193 F:A.C.; all subject to section 2.6.26. 18. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--809,9). 19. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Marinas (4493, 4499 except canal operation, cargo salvaging, ship' dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleani.ng, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-- 7299). Real estate (group 6512). Social services (groups 8322--8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243--8299). (NOTE: Due to the inclusion of paragraphs 4 and 12, the subsequent paragraphs need to be renumbered.) 2.2.15.4.3. Minimum yard requirements. AC.-~.NOA I'rEIvl No. D£C 10"2003 1. Front yard. 25 feet or one-half of the height of the building as measured fi.om grade whichever is the greater. StructureS 50 feet in height or greater shall maintain a minimum' of a 25 foot front yard setback and shall be required to px:ovide an additional one foot of setback for each foot of building height in excess 0f50 feet. 2. Side yard. 15 feet or one-half of the building height as measured fi.om grade. 3. Rear yard 15 feet or one-half of the building t/eight as measured from grade, whichever is greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required fi.om a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENI:)A IT~.M No. DEC 1.0 2003 ORIGIN: AUTHOR: Russell Webb, DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Community Development and Environmental Services Division Cycle 3, 2003 LDC PAGE: LDC2:62 LDC SECTION: 2.2.15 1/2.2.1. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding Ancillary Plants and Educational Plants to the permitted Uses in the heavy commercial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.15 1/2.2.1. Permitted uses. 3. 4. 5. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. Ancillary Plants. Auctioneering/auction houses (groups 7389, 5999). Automotive dealers and gasoline service stations (groups 5511--5599). Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting districts shall be following criteria: residential zoning DEC 1 0~ 2003 a. [Size of vehicle's.] Carwash designed to serve vehicles exceeding a' capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall belocated within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. 6. Building construction--General contractors (groups 1521-- 1542). 7. Building materials (groups 5211--5261). DEC 2003 o 11. 12. 13. 14. 15. 16. .17. 18. 19. 20. 21. 22. Business services (groups 7311--7353, 7359, 7389 contractors', disbursement, direCtories-telephone, recording studios, swimming pool cleaning, and t~xtile designers only). , Construction--special trade contractors (groups 1711-- 1793, 1796, 1799). Educational Plants. Education services (groups 8243--8249). .. Motor freight transportation and warehousing (4225 mini- and s~lf-storage warehousing only). ~ Fishing, hunting and.trapping (groups 0912--0919). Glass and glazing work (1793). Crematories (7261). Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). Local and suburban transit (group's 4.111--4121). Mobile home dealers (5271). Miscellaneous repair services (groups 7622--7699). Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. Printing, publishing, and allied industries (groups 2711, 2721). Transportation services (groups 4724--1729). NOTE: Due to the inclusion of paragraphs 2 and 10, the subsequent paragraphs need to be renumbered. A~NDA ~ No. DEC 1 O' 2003 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required from a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas.. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from ail property lines. b. For accessory structures: 25 feet from all property lines. DEC 1 O' 2O03 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDc2:64.3 Community Development and Environmental Services Division Cycle 3, 2003 LDC SECTION: 2.2.16.2.1. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: Adding Ancillary Plants to the permitted uses in the industrial district. The interlocal agreement between the BCC and the Collier County Sch'ool Board mandates this. FISCAL & OPERATIONAL IMPACTS:. None. RELATED CODES OR REGULATIONS: ~None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: The numbers and uses will have to be modified based' on the proposed revisions to this section in Cycle 2, 2003. 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 be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning distr/ct, 0722--0724, 0761, 0782, 0783). Apparel and other finished products (groups 2311--2399). Ancillary Plants. Automotive repair, service, and parking (groups 7513--7549). AGENDA I'I"~/~M No. DEC 10'2003 n. 7'4 5. Barber shops (group 7241). 6. Beauty~shops.or salons (7231). 7. Building construction (grouPs 1521--1542). 8. Business services (groups 7312, 7313, 7319', 7334--7336, '7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). ' 9. Communications (groups 4812---4899 including communications towers up to specified heights, subject to section 2.6.35).. ' 10. Construction--Special trade contractors (groups 1711--1799). 11. Crematories (7261). 12. Depository and nondepository institutions (groups 6011- 6163). 13. Eating places (5812). 14. Educational services (8243--8249).~ .. 15. Electronic and other electrical equipment (groups 3612--3699). 16. Engineering, accounting, research, management and related 'services (groups 8711--8748). 17. Fabricated metal products (groups 3411--3479, 3491--3499). 18. Food and kindred products (groups 2011--2099 except slaughtering plants). 19. Furniture and fixtures (groups 2511--2599). 20. General aviation airport. 21. Gunsmith shops (groups 7699) with 22. Heavy construction (groups 1611--1629). 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment (3511--3599). 25. Leather and leather products (groups 3131--3199). DEC 1:.0' 2003 26. Local and suburban transit (groups 4111--4173). 27. Lumber and wood products (groups 2426, 2431--2499). 28. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 29. Membership organizations (groups 8611,8631). 30. Miscellaneous manufacturing industries (groups 3911--3999). 31. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 32. Motor freight transportation and warehousing (groups 4212, 4213~4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34. Paper and allied products (2621--2679). 35. Personal services (groups 7211--7219). 36. Physical fitness facilities (group 7991). 37. Printing, publishing and allied industries (groups 2711--2796). 38. Railroad transportation (4011, 4013). 39. Real estate brokers and appraisers (6531). 40. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 41. Shooting range, indoor (group 7999). 4~. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-- 3273, 3275, 3281). ~ 42. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). 4g:. 43. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). ~2.44. Transportation by air (groups 4512--4581). AC-iENDA IT'EM No. DEC 1 O' 2003 44. '45. Trar~,sportation services (groups 47,24--47.83,. 4789 except stockyards). ~ 46. United States Postal services. (43,I 1). 46:. 47. Welding repair (7692). ~ 47. 48. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063-- 5092, 5094--5099). ' ~. 49. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5i82, 5191 except that wholesale distribution of chemic~tls, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192--5199). (NOTE: Due to the inclusion of paragraph 3, the subsequent paragraphs need to be renumbered.) 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than ten feet. A zero lot line option may be used only in conjunction with an existing structure built on the lot line, or in conjunction with a unified plan of development involving one or more lots under common ownership where the preceding yard requirements for this district are met relative to the unified site. o 4. 5. 6. 7. Rear yard. 15 feet. Waterfront. 25 feet. Railroad RO~ No setback is required from a railroad easement, or right-of-way. Yard abutting residential parcel. 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA I'r~=M No. DEC 1'0 2003 ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:66 Cycle 3, 2003 LDC SECTION: 2.2.18.2.1. and 2.2.18.3. LDC SUPPLEMENT #: Supplement 12 CHANGE: Adding Educational Plants to the permitted uses and Ancillary Plants to ,the conditional uses in the public use district. REASON: The interlocal agreement between the BCC and the Collier County School Board / mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.18.2.1. 1. 2. 3. 4. 5. 6. Permitted uses. Administrative service facilities. Child care, not for profit. Collection and transfer sites for resource recovery. Communication towers. Education facilities. Educational Plants. 7. Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10. Museums. 11. Park and recreational service facilities. 12. Parking facilities. 13. Safety service facilities. 14. Any other' public structures and uses which are comparable in nature with the foregoing uses. (NOTE: Due to the inclusion of paragraph 6, the subsequent paragraphs need to be renumbered.) 2.2,18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures e~tablished in di:'igion .section 2.7.4: 1. Airports and parking facilities. 2. AncillaryPlants. 3. Animal control. 4. Detention facilities andjails. 5. Detoxification facilities. 6. Electric or gas generating plants. 7. Incinerators. 8. Major maintenance and service facilities. 9. Mental health and rehabilitative facilities, not for profit. 10. Resource recovery plants. DEC 1 0' 2003 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Any other public uses which are comparable in nature with the foregoing uses. 14. Earthmining. (NOTE: Due to the inclusion of paragraph 2, renumbered.) the subsequent paragraphs need to be 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoini, ng district shall apply to all portions of the site within 100 feet of the adjoining district. 1. Yard Requirements for public schools, " a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. DEC 10' 2O03 n. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:69 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development .and Environmental Services Division' 2.2.19.2.1. and 2.2.19.3. Supplement 15 .Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the community facility district. R~ASON: / " FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.19.2.1. Permitted uses. 1. Child care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Museums. 5. Nursing homes, assisted living facilities (ALF) pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group care facilities (category I) and continuing care residential communities pursuant to § 651 F.S. and ch. 4-193 F.A.C. all subj, 2.6.26. DEC 10' 2003 Parks and p!aygrounds, noncommercial recreation fa.cilities, open space uses. Public, private and parochial schools. This includes "Educational Plants" fOr public schools. - Social and fraternal organizations. Educational services (groups 8211--823'1). 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in division section 2.7.4: 2. 3. 4. 5. 6. 7. 8. 9. Ancillary Plants. Archery ranges. Cemeteries. Community centers. Golf driving ranges. Group care facility (category II, care unit), subject to section 2.6.26. Marinas, boatramps. Private clubs, yacht clubs. Public swimming pools. 10. Tennis facilities. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.19.4.3. Minimum yard requirements. AC~=.NOA ITEM No. DEC 10' 2003 1. Front yard. 25 feet. 2. Side yards. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. DEC ~ 0' 2003 ORIGIN: Community DeveloPment and Environmental SerVices Division AUTHOR: Russell Webb ' ~ DEPARTMENT: Planning SerVic, es AMENDMENT CYCLE # OR DATE: LDC2:84.5 2.2.20.7. Supplement 15 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: Cycle 3, 2003 CHANGE: REASON: Adding a subsection to the PUD portion of the Code. The interlocal agreement between the BCc and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. Amend the LDC as follows: 2.2.20.6. Special requirements for research and technology park planned unit development districts: 1. Minimum lot area. 20,000 square feet. 2. Minimum lot width. 100 feet except lots abutting arterial or collector roads shall have a minimum fi'ontage width of 250 feet. 3. Minimum yard requirements: a. Front yard: 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property, then 25 feet. AGENDA I'I"~..M No. DEC 1 O' 2003 c. Rear yard: 15 feet. d. Minimum yard requirement from any resideritially zoned or used property: 25 feet. 3 ~ (Ord. No. 92-73, § 2; Ord. No. 93-89, § ; Ord. No. 94-58, § 3;~Ord. No. 95-31, § 3; Ord. No. 97-26, § 3.B.; Ord. No. 99-6, § 3.A.; Ord. No. 00-43, § 3.B.; O~'d. No. 01-34, § 3.B.; Ord. No. 02-3, §§ 3.B, 3.L.; Ord. No. 02-31 § 3.B.; Ord. No. 03-01, § 3.B.) , ' 2.2.20.7. Special requirements for public school facilities within a planned unit development.. , i 2.2.20.7.1. Permitted facilities. Ancilla _ry Plants and Educational Plants are both permitted in a planned unit developm,ent .district; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.~.20.7.2. Yard Requirements for public schools. 1. For principal structures: 50 feet from all property lines. 2. For accessory structures: 25 feet from all property lines. DEC 1.0 2003 ORIGIN:, AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development & Environmental Services Division Collier County Plap. ning ,Commissioh N/A 2.2.38 LDC SUPPLEMENT #: N/A CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31., 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrici most development and redevelopment' to ailow the Collier County Planning Department to conduct an assessn'ient of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, traffic projections, analysis and dratting of development standards. Public comment has been solicited primarily during workshops and public heatings. The study process will conclude with the adoption of an overlay Zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGUALTIONS: Yes - See Attachment None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: None. Amend the LDC as follows: Sec. 2.2.38 Vanderbilt Beach .Residential Tourist fVBRTO} Overla Zonin District AGENDA ITEM No. DEC 10' 2003 2.2.38.1 2.2.38.2 PurpOse and intent. The purpose and' interit of this district is to encourag~ .development and redevelopment, of the V'anderbilt Beach area to sensitive to the scale, compatibility arid sense of place that exists in thy Vanderbilt Beach area. This district is intended to: establish developmenl standards Which will protect view corridors, light and' air movement.:; between the Gulf of Mexico and the Vanderbilt Lagoon. Am~licabilitF. These regulations shall apply to the Vanderbilt 'Beach Residential Tourist Overlay District as identified on VBRTO Map 2.2.38 1 and further identified by the designation "VBRTO" on the applicablc, official Collier County zoning atlas maps. Except as provided in thi~ section of the code, all other uses, dimensional and development. requirements shall be as required or allowed in the applicable underlying zoning district. ' 2.2.38.3. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below DEC 1 0 2003 2.2.38.4 2.2.38.5 2.2.38.5.1 2.2.38.5.2 Map2.2.38-1 Fi ures. The fi ures 1-4 used in this section are solel intended to rp_r.~vide a ~_o. phic ex~ns that will rotect view corridors ~ air movements between the Gulf of Mexico and the Vanderbilt. ~ not as re~nts for the st le of s ecific ro'ects. Variations from these~ch nonetheless adhere to~ of this section are ermitted. The Communi Character Plan For Collier Coun~lorida A ril 2001 should be referenced as ~ development and redevelopment in the overlay district. · ~riteria. The followin standards shall a 1 to all uses in this overlay district. Permitted uses. Multiple-family dwellings. .(includes town houses subject to section 2.6.36) - 3. Family care facilities, subject to section 2.6.26. ,Uses accessory to permitted uses _Uses and structures that are accessory and incidental to the use:; permitted as of right in the Vanderbilt Beach Residential Touri~l .Overlay District (VBRTO). Shovs, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, am l meeting rooms and auditoriums where such uses are an integral part ora ~ct:! .zr a mgt:~l.. Transient Accommodation for the use of its ¢atrons. ' 4,.3._.:. _.Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approve~l which may include, but are not limited to: golf course c No. DEC 1 O' 2003 2.2.38.5.3 2.2.38.6 2.2.38.6.1 2.2.38.6.2 2.2.38.6.3 2.2.38.6.4 community center building and tennis facilities, parks, playgrounds ' ~d.____4.~_yfi elds. ' , Conditional uses. The following uses are permitted as conditional uses iii the Vanderbilt Beach Residential TouriSt Overl~ subject to the standards and procedures established in section 2.7.4 1 ~ ' Churches and other places of worship 2. Marinas, subiect to section 2.6.22. Noncommercial boat launching facilities, subject to the applicabh: review criteria set forth in section 2.6.21 Group care facilities (category I and II); care units~ nursing homes. assisted living facilities pursuant to § 400.402 F.S. and ch.. 5.8A-5 F.A.C.; and continuing care reti'rement communities pursuant to ~ 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 5. Transient Accommodations, herein defined as hotels, motels, an, 1 timeshares. · n..: ..... s!xbo. Dimensional standards. The following dimensional standards shall apply to all vermitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). Minimum lot area. @hz azra. One contiguous acre. Minimum lot width. 150 feet Minim um yard requirem en ts Front yard: one-half the building height with a minimum of 30 feet. e .Side yards: one-half the building height with a minimum of 15 feet. Maximum height: 4430 75 feet. No height variances from the be permitted. The height of the building will be measured accc Rear yard: one-half the building height with a minimum of 30 feet. 5 feet will ting t~i~t~ rr~ DEC 1 O' 2003 standards in LDC Division 6.3. Definitions: Buddin actual hei ht Building, Zoned height of. 2.2.38.6.5 2.2.38.6.6 Maximum densi ermitted. A ma'ximum of g6 16 units er acre for, t~t.~,~n4-mot,~b transient accommodations and -1-6 4 Units er acre for Distance between structures. The minimum 'horizontal distance se aration between an two rinci al buildin s on the same arcel of land ma not be less than a distance e ual to 15 feet or one-half of the sum of their ~whichever is reater. For accesso buildin s and structures. dimensional criteria, see section 2.6.2.: 2.2.38.6.7 Floor area requirements. 2.2.38.6.7.1 / , 2.2.38.6.7.2 2.2.38.6.8 2.2.38.6.8.1 2.2.38.7 2.2.38.7.1 2.2.38.8 Three hundr~[~t~L~inimum with a five hundred 500 ' s u_q.4_4~ foot maximum for ~ transient accommodations ~hat twent ercent 20% of the total units ma exceed the maximum. Timeshare/multifamil minimum area' efficienc 450 s uare feet one bedr°°m~or more bedrooms 750 s uare feet. Maximum lot area coverage. (Reserved.) Maximum lot area coverage (LAC). For new development an~l redevelo ment the total lot area LAC occu ied b all buildin s shall ~~ve ercent 35% for transien - ' o ~ accommoaanons ano care facilities, Bed and Breakfast residences, and townhouses. Preservation o view corridors li ht and ai.__~r movements between the Gui .of Mexico and the Vanderbilt Lagoon. _~j. gures 1 -4_.,_~_while not re uirements de ict desired buildin relationshi s and view lane/an le of vision exam les. Fi ures used in this section are ~tended to rovide a a hic exam le of conditions that will ~ view corridors li ht and air movements between the Gulf of Mexico and the Vanderbilt La oon and not as re uirements for the st le of s ecific ro'ects. Variations from these fi ures which nonetheless adhere to the provisions of this section, are permitted. 0 -street arMn and o -street loadin . As re uired in Division 2.3 of this code. 2.2.38.9 Landsca in re uirements. As re uired in Division 2.4 of this c, de..._~ AGENDA ITEM No. DEC 1'0'2003 2.2.38.10 2.2.38.11 Signs. As required in Division 2.5 ,of this Code. Coastal Construction Setback Lines (CCSL)i of this code. As required in Division 3.13 AO£NOA ITr~M No. DEC 1.0'2003 LOT AREA COVERAGE &:: OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE UNDESIRABLE FIGURE- 1 DEC 10' 2003 LOT AREA COVERAGE &::: OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 , DESIRABLE UNDESIRABLE FIGURE - 2 AGENDA ITEM No. DEC 1 O' 2003 LDC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 3 AC.~A ITEM No. DEC 1 0'. 2003 VIEW PLANE LDO Section 2.2.38.711 UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 4 AGENDA ITEM No._ DEC 1 O' 2003 ORIGIN: AUTHOR: Community Development & Environmental Services Division Donald A. Schneider, pringipal Planner DEPARTMENT: LDC PAGE: Planning Services N/A LDC SECTION: 2.2.38. LDC SUPPLEMENT #: N/A CHANGE: New overlay district. REASON: The'Interim Development Controls (moratorium) for the Vanderbilt BeaCh Residential Tourist (RT) zoning district were adopted by the Board of~ County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to. allow the Collier County Planning Department to conduct an assessment.of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, traffic projections, analysis 'and drafting ofdevel0pment standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes - See Attachment RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHER NOTES: None. Amend the LDC as follows: Sec. 2.2.38. Vanderbilt Beach Residential Tourist (VBRTO) Overlay Zoning District DEC 1 0 2003 2.2.38.1. 2.2.38.2. 2.2.38.3. Purpbse and intent. The Purpose and' intent of this district is to encourage deyelopment and redeveloprnen~ of the V'anderbilt Beach area to be sensitive to the scale, compatibility alad sense of place that exists in the Vanderbilt Beach area. This district is iritended to: establish development standards Which will protect view corridors, light and' air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect On each side of the narrow Gulfshore Drive. Applicability. These regulations .shall apPly to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map 2.2.38 1 and further identified by the designation ,'VBRTO" on the applicable . official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlying zoning district. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. DEC 10 2003 2.2.38.4. 2.2.38.5. 2.2.38.5.1. Map2.2.38.-1 Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisiom of this section, are permitted. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlay district Development criteria. The following standards shall apply to all uses in this overlay district. Permitted uses. 1. Hotels and motels. Multiple-family dwellings. DEC 10' 2003 2.2.38.5.2~ 2.2.38.5.3. Family care facilities, subject .to section 2.6.26. Timeshare facilities., Townhouses subject to section 2.6.36. Uses accessorF to permitted uses'. 1. o Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO)., , Shops, personal service establishments, eating or drinking. establishments', dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are' an integral part ,of a hotel or a motel and to be used by the patrons' of the, hotel/motel. 'Private docks and boathouses, .subject to sections 2.6.21. and 2.6.22. Recreational facilities that 'serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks,' playgrounds and pla¥fields. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 2.7.4: 1. Churches and other places of worship. Marinas, subject to section 2.6.22. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.i all subject to section 2.6.26 Private clubs. DEC 1 0 2003 2.2.38.6. 2.2.38.6.1. 2.2.38.6.2. 2.2.38.6.3. 2.2.38.6.4. 2.2.38.6.5. 2.2.38.6.6. 2.2.38.6.7. 2.2.38.6.7.1. 6. Yacht clubs.. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach , Residential Tourist Overlay District (VBRTO). Minimum lot area. One acre. Minimum lot width. 150 feet. Minimum yard r, equirements. Front yard: one-half the buildi.ng height with a minimum of 30 feet. Side yards: one-half the building height with a minimum of 15 feet. 3. Rear yard: one-half the building height with a minimum of 30 feet. Note: Accessory-parking structures integrated with the' principal structure(s) may have a terraced setback, based on the height (not to exceed two parking decks), only in the front, rear, and waterfront yards, and on side yards that do not abut residentially zoned lands. Maximum height: 100 feet. No height variances from the 100 feet will be permitted. The height of the building will be measured according to the standards in LDC Division 6.3 Definitions: Building, actual height o_fand Building, Zoned height of Maximum density permitted A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities and townhouse uses. Distance between structures. The minimum horizontal distance separation between any two principal buildings on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 2.6.2 Floor area requirements. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may exceed the maximum. AC-~.NDA No. DEC 1.,0 2003 2.2.38.6.7.2. 2.2.38.6.8. 2.2.38.7. 2.2.38.7.1. 2.2.38.8. / 2.2.38.9. 2.2.38.10. 2.2.38.11. Timeshare/multifamily,'minimum area: efficiency (450 square feet)~ one bedroom (600 square feet), and two or more bedrooms (750 square feet). Maximum lot area coverage. (Reserved.) Preservation of view corridors, light and air movements between the Crulf of Mexico and the Vanderbilt Lagoon. , Figures 1 - 4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are, solely intended to provide a graphic example of conditions that will' protect view c6rridors, light and air :movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these' figures, which nonetheless adhere' to the provisions of this section, are permitted. Off-street parla'ng and qff-street loading. As required in division 2.3. of this code. Landscaping requirements. As required in division 2.4 of this code.. Signs. As required in division 2.5 of this code. Coastal Construction Setback Lines (CCSL). As required in Division 3.13 of this code. DEC 10'. 2003 LOT AREA COVERAGE &: OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.,1 DESIRABLE UNDESIRABLE FIGURE - 1 AGENDA No. DEC 1:0' 2003 LOT AREA COVERAGE & SPACE RELATIONSHIPS . LDC Section 2.2.38.7.1 OPEN DESIRABLE UNDESIRABLE FIGURE - 2 AGENDA ITEM No. DEC 1 O' 2003 ~. I(__ol LDC Section 2.2.38,7.1 VIEW PLANE V. P'.' , DESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 3 No. DEC 10' 2003 VIEW PLANE LDO Section 2.2.38.711 UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE - 4 DEC 1 8' 2803 STAFF REPORT COLLIER COUNTY BOARD OF COUNTY'COMM]SSIONERS FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT, & ENVIRONMENTAL SERVICES DIVISI°N HEARING DATE: DECEMBER 10, 2003 LAND DEVELOPMENT CODE (LDC) AMENDMENT FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONING OVERLAY ~ REASON: The proposed LDC amendment is in direct response to the Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district, which was adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Planning Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing, an overlay district. As stated in LDC Section 2.2.36: Establishment of interim development controls (moratorium)for the Vanderbilt Beach Residential Tourist (RT) Zoning District. PURPosE: The proposed LDC overlay amendment prepared by sta~ in response to the charge from the Board of County CommissiOners ms stated in the moratorium, focuses on being responsive to the' direction given: .to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district." GEOGRAPItIC LOCATION: The proposed overlay establishes special land development standards for the properties identified as all Lands zoned Residential Tourist District (RT), in the Vanderbilt Beach area, which are more specifically described as an area lyin[ e-2: ~A DEC ~r 0 ' 2003 Gulf of Mexico, south of Bluebill Avenue together with its westerly extension to the' Gulf of. Mexico, west of Vanderbilt Lagoon and north of Vanderbilt Beach Road referenced on Map 2.2.38-1. // Map 2.2.38-1 } Area of Overlay Jurisdiction SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject sites are highly developed land, with numerous properties that are zoned Residential Tourist (RT). Surrounding- North: East: Bluebill Avenue, Delnor-Wiggins State Recreation Area, RMF- 16 zoning - Vanderbilt Towers and the Dunes PU Vanderbilt Lagoon and developed land zoned RSt / AGENDA ITEM ,3. No.. DEC 1.0'2003 South. W~t: Vanderbilt Beach Ro '(CR ,8'62), County Parking Lot, Pelican Bay PUD (Ritz.Carlton Hotel).' ' . Gulf Of Mexico ~ , Vanderbilt Beach area with an April 25, 2002 community-visioning meeting. :Prior.to the meeting date, informational letters Were sentto all interested parties listed on Community DeveloPment's notification list. Si~s informing residents .of the upcoming meetingat St. John the Evangelist Catholic Church on April 25, 2002, were posted at several locations along Gulf Shore Drive. Additionally, advertisements were posted Dail~q~03~l~ to inform residents of the planned visioning meeting, no. Approximately 250 residents Were' present at the April 25, 2002 communiW-visioning. meeting. The meeting room was set up to divide the participants into 15 groups, each seated around a table with a staff facilitator. The participants were requested to individually respond in writing to the question: "In this study area, what are your specific concerns .abottt development and it's impacts?" Each table then discussed the various individual respomse's and selected five statements perceived by the table to be the most important. Each table's five most important issues were then broUght to the front' of the room and a representative from each table presented the issues to the entire audience. The final action required the. audience to rank the issues fi.om least to most important. The results of the visioning ,meeting identified eight categories of concerns 'voiced by the participants. Those categories were: zoning, height & setbacks, land development oodes, moratorium, traffic & roads, beach clubs, beach access, and concmxency. The top three concerns that garnished the most votes were: (1. Preserve public vistas, limit redevelopment - 170 votes. (2. Protect the rights of business owners by maintaining current zoning -'117 votes. (3. Extend moratorium for additional one year and include all properties along Gulf Shore Drive - 111 votes. ,/ / ThrOUghout the process staff has involved the "stakeholders". The group .identified as "stakeholders", representatives from the various homeowner .' groups and business/development interest, met five times to discuss and attempt to reach consensus on the criteria for the final overlay proposal. However, no general consensus has been obtained. INVESTIGATIVE STUDIES: County Staff launched the study process of the Vanderbilt Beach area with an April community-visioning meeting. At that meeting residents identified their priorities regarding future development and redevelopment along Gulf Shore Drive. Subsequent investigations conducted by county staff included: compatibility and comparability study of existing buildings, building heights, open space and view corridors. A review was conducted of historic zoning ordinances in the Vanderbilt area to determine how the existing non-conforming structures were legally established. Extensive searches were conducted to learn of existing ordinances developed by other counties/municipalities that deal with height, view plane, and lot area coverage restrictions. Additional studies conducted by staff have included: building volume metrics under various scenarios, lot area coverage statistics, graphic illustrations of current zoning districts and maximum lot area coverage permitted, open space and view plane status along both sides of Gulf Shore Drive, existing traffic conditions, hurricane evacuation potentials, density review, infrastructure capacities, coastal construction setback line and existing public access to the beae~ Significant Study Findings: Subject area,: Segment one of the Residential Tourist (RT) Zoning Districts, subject to the moratorium, begins on the southwest end (Gulf side) of Gulf Shore Drive and its intersection with Vanderbilt Beach Road and progresses north for approximately 3000 feet where it intersects a Residential Single Family 0LSF-3) district. On the east side of Gulf Shore Drive segment one of the RT zoning district begins approximately 200 feet north of Southbay Drive and progresses north for 2600 feet whe e it iaan~tq~e Residential Single Family (RSF-3) district. Segment two of the RT zonin distt~~ DEC 1'0:2003 either side of Gulf Shore Drive at the northern terminus of the Residential Single Family (FRa~SF-ql district and i~rogtess north for 850 feet Where it texi~nates, at the Residential Multi- il;iRMF-16) ~zoning district. An isolated third segment comprised of approxtmately 4.8 acres of the RT zoning district is,located on'the northern end (gulf side) of Gulf Shore Drive between the RMF-16 zoning districi and Delnor-Wiggin~ State. Recreatior[ Area. Roadway:_ Gulf Shore Drive from Vanderbilt Beach.Road north to Bluebill Avenue is a narrow 18 - 20 foot wide two-lane roadway ahd a 'five-foot bicycle lane all contained within a 70-foot right-of-way. The 70-foot right-of-way provided' for Gulf Shore Drive is verified within the pages of the Plat Books (Plat Book 3, page 8, Conner's Vanderbilt Beach Estates, for reference). ~ The three segments of RT zoning district Contain forty-four parcels with 41 buildings present~ RT zoned buildings along the west or Gulf side of Gulf Shore Drive have a mean height of 67.59 feet and a median height of 80 feet. Average number of stories is 6. The RT zoned buildings along the east side or lagoofl side of Gulf Shore DriVe have a mean height of. 59.07 feet and a median of 60 feet and, average number of stories is 4.9. Statistically combining both sides of Gulf Shore Drive RT zoned buildings; the mean height becomes 64.14 feet high while the median is 62 feet high with average number of stories being 6. RECOMPITULATION OF BUILDING HEIGHTS -- ' Number Number of Zoning Pictun Parcel Approximate of Buildings Numbe Reference Folio Number Address Height', Stories , Number - I 79122440003 9000 GSD 35 3 I C3 2 79122400001 9060 GSD 15 I I C3 3 791~?-360002 9136 GSD 0 0 0 - Parld~ C3 4 791~20000 9136 GSD 22 2 I C3 15 5 27480040003 9051 GSD 95 12 I RT - 6 27480080005 9155 GSD 62 6 1 RT 25 7 79120160000 N/A 15 1 I C3 8 79120120008 9140 GSD 22 2 1 C3 9 79120080009 9180 GSD 30 '1 I C3 10 27480120004 9225 GSD 25 2 1 RT - 11 79120040007 N/A 22 2 0 - Parking C3 12 27480960002 9256 GSD 60 6 1 RT 35 13 27480160006 9225 GSD 17 1 1 RT _ ~ 14 27481000000 9362 G.qD 50 4 I RT 45 15 27480200005 9301 GSD 82 6 1 RT 55 16 27481040002 9380 GSD 67 5 1 RT 75 - 17 27480240007 9363 GSD 85 8 ~ 1 RT 65 18 27480280009 9415 GSD 85 8 I RT 85 19 27481120003 N/A 57 4 1 RT 20 27480320008 9439 GSD 37 3 I RT 21 27480360000 9467 GSD 22 2 1 RT 22 27480360000 9467 GSD 22 1 1 RT 23 27481240006 N/A 45 4 I ' 24 27480400009 9485 GSD 62 7 1 ~ 95 7 DEC 1.'0'200:t Number ' ' , Picture Parcel Approximate of Number of Zoning Reference Folio Number Address Height ' Buildings Numbel Number Stories 25 27481280008 9524 GSD 35 3 I RT 26 27480440001 9517 GSD 55 5 ' 1. RT , 27 27481320007 9566 GSD 70 5 1 RT 115 28 27480480003 9577 GSD 110 10 I RT 105 29 27480560004 9635 GSD 0 , 0 0 - Parkin[~ RT 30 27481440000 9700 GSD 60 5 I RT 31 27480560004 9635 GSD 100 10 1 RT 125 32 27481480002 9724 GSD 10 1 I RT 33 27480600003 9715 GSD 100 8 1 , RT 135 34 27481560003 9790 GSD 100 , ,i 7 I RT 155 35 27480640005 N/A 90 8 I RT 145 - 36 27481640004' 9876 GSD 65 6 I RT - 37 27481680006 9880 GSD 65 6 I RT 38 27480720006 9889 GSD 125 15 I RT ~ , 165 39 27480760008 9895 GSD 125 14 1 RT 165 40 27480800007 9891 GSD 35 3 1 RT / 41 27531080006 N/A 60 7 I RT 175 ' 42 27560560006 1 0475 GSD 80 7 I RT 185 "~43 27531120005 10482 GSD 65 7 I RT 195 44 27530600005 10525 GSD 90 9 1 RT 205 45 27531160007 10540 GSD 23 2 1 RT 46 27531200006 10562 GSD 72 6 1 RT 215 47 27530640007 10573 GSD 0 0 0 - Parking RT 48 27530640007 10573 GSD 25 3 I RT 49 27531280000 10620 GSD 100 8 1 RT 225 50 27530680009 N/A 82 7 1 RT 235 51 22870040003 N/A 117 12 1 RMF-16 245 52 22870040003 N/A 10 I 0 - Parkiag RMF-16 53 22870240007 N/A 35 3 3 RMF-16 54 22870080005 N/A 100 14 1 RMF-16 255 55 22870120004 N/A 0 0 Pool Area RMF-16 56 22870160006 N/A 128 16 2 RMF- 16 265 57 22870480003 N/A 110 13 1 RMF-16 275 58 22870520303 N/A 92 10 2 RMF- 16 285 59 22870200005 11000 GSD 23 2 3 RT ZoninR: Through the years the Vanderbilt Beach area has experienced considerable evolution in zoning districts. During the 1960's the subject area contained zoning designations of Commercial District C-2, Residential Multi-Family MF-4, MF-5 and Single Family SF-3. The C-2 district had no height limit while the MF-4 and MF-5 districts provided a 200-foot height limit. In 1974 the height limits were discovered to be the following: General Retail Commercial District (GRC)-35 feet, Residential Tourist District (RT)-75 feet, Residential Multi-Family District (RM)-200 feet. The adoption of ordinance 91-102, in 1991, established the current zoning districts and height limits Vanderbilt Beach area of Residential Single Family (RSF-3)-35 foot limit, ~ Family (RMF-16)-75 foot limit, Residential Tourist (RT)-100 foot limit an~ 3)-50 foot limit. prevalent in the Con~e_rcial (C- DEI 1 0'2003 GROWTH MANAGEMENT PLAN CONSISTENCY; Future Land U~e Element (FLUE) and'Densi~: The subject RT properties are designated Urban Mixed - Use District, Urban Residential Sub-di.strict) on the Future Land Use Map of the Growth Management Plan (GMP). Additionally, the prope.rties lie sgaward of the Coastal High Hazard Line and are within the Traffic Congestion Area. Relevant to this petition, the Urban Mixed - Use District permits a variety of residential unit types at a .base density of 4 dwelling units per acre, subject to the Density Rating System. Review of the Density Rating System yields these properties eligible for a density of 3 DU/A (base density of 4 DU/A l~ss 1 DU/A for lying in the Traffic Congestion Area), unless Affordable Homing .is provided in accordance with an Affordable Housing Density Bonus Agreement, which could add up tO 8 DU/A for a maximum of 11 DU/A. Affordable Housing is highly unlikely given the. waterfront location, thus value, of these properties. The Urban Residential Sub-district also permits recreation and open space uses and community facilities uses, including assisted living facilities, at a density consistent with the Land Development Code (LDC). As explained above, review of the Density Rating' System yields that none 'of the subject ~roperties are eligible 'for the 16 DU/A. allowed by the RT zoning district, rather they are .,limited to 3 DU/A.. However, as explained below, these' properties are allowed, by' policy, to develOp in accordance with heir existing RT zoning: FLUE Policy 5.1 states: "All rezoning must he .consistent with this Growth Management Plan. [Property zoned prior to adoption of the Plan (January I0, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11 are not increased"4 All of the subject properties are deemed consistent by policy as the proposed zoning overlay does not increase the number of dwelling units currently allowed in the RT Zoning District and does not increase the intensity of use. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to the Department of Zoning and Land Development Review staff as part of its review of the petition in its entirety. However, staff would note that in reviewing the'aPpropriateness of the requested uses/densities on a subject site, the typical compatibility analysis would include a review of both the subject proposal (Vanderbilt Beach Zoning Overlay District) and surrounding or nearby properties as to allowed usc intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, mount and type of open space and location, traffic generation/attraction, etc. Rule 9J-5~ Florida Administrative Code (F.A.C.) Rule 9J-5, F.A.C. contain requirements for a local government's GMP, including the various elements the minimum to ben l ttl DEC 1:0' 2003 n. and what type of information those elements must. include or address. The Rule is ,based upon the requirements ,of Chapter 163, F.S'.' Specifically, Rule. 9J-5.012, Coastal Management [element], reads, in part: '. , '. "(3) Requirements for Coastal Management Goals, Objectives and Policies. (b) The Element shall contain on~ Or more specific objectives for each g0al statement ... and which: 5. Limit public, expenditures that subsidize development permitted in cOastal high-hazard areas subsequent to the elements' adopti6n except for restoration or enhancement .Of natural resources; 6. Direct population concentrations away from known or predicted coastal high-hazard 7. Maintain or reduce hurricane evacuation times". Once a GMP is adopted, or an amendment thereto, it is reviewed by the Florida Department of Community Affairs, and other agencies, for compliance with Ch. 163, F.S., and. Rule 9-J5. Once that GMP, or amendment, becomes effective, local development orders (rezones, etc.) are revieWed for consistency with the GMP, not the Statute or Rule. Since the Collier County GMP has been found in compliance with Ch. 163; F.S. and is in effect, this proposed zoning overlay is reviewed for consistency with the Collier County GMP, not state ' statute or role. Conservation and Coastal Management Ele~nent {CCME) Select potions of Collier County's CCME read as follows: "GOAL 12: The County shall make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage". .. '" "OBJECTIVE 12.2: The County shall ensure that building and development activities are carried out in a manner, which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the Coastal High HaT_ard Areas (CHHA) will be denied". Mr. Dan Summers, Director of Collier County Emergency Management Department, offered the following: "I do not see any problems with this project [Proposed Vanderbilt Beach RT Zoning Overlay District] from our perspective. Building and construction codes do not worry us much any more. Our concerns are base floor elevation subject to inland flooding, and or storm surge, plus additional freeboard. Evacuation triggers are based on forward motion of storm and current or expected intensity. Timing triggers are very subjective based on time of day, day of week, season etc.". "Policy 12.2.2: The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the CHHA. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the CHHA. In additi ,n, eXq~/t~ DEC 1 0'2003 I/! zoning not vested shall be re-evaluated within three years and may change to a density level. consistent with the Future Land Use Element." ' ' These Goals, Objectives and Policies (CROP) direct the County to limit its expenditures for public facilities in the CHH& and reflect the County's desire to limit intensity of development in the CHHA both for reasons of safety to life and property and to lessen the demand for public facilities. Policy 12.2.2 refers to density.allowed in the. CHHA by the FLUE, but does so inaccurately. The cOrrection of this internal inconsistency between the FLUE and CCME needs to be the subject of a future GMP amendment, POssibly as part of the EAR-based amendments in 2004. The FLUE is the Element that regulates, density in the unincorporated area of the County, with the exception of the Immokalee Area Master PIan ' and Golden Gate Area Master Plan for those respective areas. Per the FLUE Density Rating System: properties in the Urban Residential Subdistrict.(including within the CHHA) are eligible for a base density of 4 dwelling units per acre; because the CHHA (except for +/- one Section) is within the Traffic Congestion Area, those properties are subject to a 1 dwelling ' units per acre reduction; eligible density bonuses for properties in the CHHA are the Conversion of Commercial Zoning (up to 16 dwelling units per acre bonus) and Affordable /Housing (up to 8 dwelling units per acre bonus); and, density in the urban area is limited to a / maXimum of 16 dwelling units per acre, except as may be exceeded via use of Transfer of Development Rights (TDR) in section 2.2.24.11 of the LDC - the existing, pre-Rural Fringe TDR provision. The CCME intent to limit residential density in the CHHA, and thereby, potential negative impacts to people and property, is inconsistent with the density bonuses in the FLUE that are applicable in the CHHA. In the past, in balancing the need for additional affordable housing with the desire to limit residential density in the Urban Coastal Fringe (UCF) Subdistrict (which is in the CHHA), the County gave greater weight to the affordable housing need, thus allowed density bonuses for affordable housing in the UCF (and in all of the CHHA). Although it might appear that the proposed overlay zoning district is inconsistent with the goals, objectives and policies applicable to the CHHA, the heights and density for the RT Zoning District have already been deemed consistent with the County's GMP per FLUE Policy 5.1. The proposed zoning overlay does not propose to increase height or density in the RT District, thus, the number of dwelling units are not being increased and there is no proposed increase in the intensity of use. Moreover, a proposed decrease in the density or intensity of use in the RT Zoning District, without the property owner(s) consent, could be construed as inconsistent with the GMP. As previously noted the subject properties are not eligible under the Density Rating System for the 16 DU/A allowed by the existing RT zoning. However, these properties are not reqUesting a rezone to achieve that density - the Density Rating System is not applicable as they have been deemed consistent by policy so are allowed to develop in aecordan~ with the existing zoning on the property. AC~?=NDA ITEM ' DEC 1 O:2003 Future GMP Amendments: Other amendments to the referenced CCME GOPs appear necessary as well. 'Iff Objective 12.2, the phrase' "All futwe' unimproved requests" needs to be clarified. Further, if the intent is that'all requests for future development of unimproved property in the CHHA will be denied, then the leg~ity of that statement will need to be evaluated as a possible takings i§stie. In Policy 12.2.2, the last sentenqe,should probably be changed .to read in past tense. The zoning re-evaluation program provided for in former FLUE Policy 3.1 k, .which included a review of all. "unimproved properties': with residential zoning not consistent with the FLUE, was completed in the mid-1990s and resulted in some of those residential properties being downzoned to be Consistent with the FLUE DenSity Rating System. Since completion of that program, all residentially ZOned properties - whether "improved" or "unimproved" - are consistent with the FLUE, either by conformance with the Density Rating System or by policy. (The Future Land Use Map series includes the "consistent by policy" maps; they include residentially. zoned properties not consistent with the Density Rating System but "improved" or with a particular application approved through the zoning reevaluation Program that allowed the existing zoning to remain.) .. . '.. Additionally, the County may wish to consider an amendment to the Density Rating System (and possibly one or more Sub districts) to establish .a 'maximum density allowed in the CHHA and/or to further limit density bonuses eligible in the CHHA and/or to impose a density reduction for properties in the CHHA (similar to the density reduction for properties lying in the Traffic Congestion Area). Such co'ire.ration would need to include an analysis of properties within the CHHA as to rezone potential; existing and needed pUblic services and facilities in the CHHA; general compatibility considerations, to the extent possible; hurricane evacuation needs and requirements; affqrdable/workforce housing needs; any legal considerations. ' ' Based upon the above analysis, staff concludes the proposed Zoning Overlay for the subject Residential TOurist (RT) properties may be deemed consistent with the Furore Land Use Element. AGENDA ITEM No. DEC 1 0' 2003 n. 113 LEE GOUNTY /,/ URB*N~TIqBId Transportation Element: The Collier County Department of Transportation establishes the current level of service for Gulf Shore Drive at level B. The adopted minimum level of service has been established at level D. Current traffic count for Gulf Shore Drive, according to the Transportation Department is average daily volume of 5545 cars per day. Based on staff's analysis of the current volume of traffic and the level of service being level B, there is not significant traffic problems along Gulf Shore Drive. As a result, this proposed overlay is consistent with Policies 1.3, 5.1 & 5.2 of the Transportation Element. Other transportation links that influence Gulf Shore Drive are Bluebill Avenue (111th Av. lq) and Vanderbilt Beach Road. Bluebill Avenue, also known as 111th Avenue North, has a 2002-counted daily volume of 6,400 ears per day. This volume applies to the section of roadway from Gulf Shore Drive to Vanderbilt Drive and yields a level of service (LOS) of "C".' ~Theiadopted:~minimum levet~of service has been establiShed.at leVel ,,D?~ Vanderbilt Beach Road frOm Gulf Shore Drive to US-41 was designated.aa "Constrained"in 2002 witha daily-volume of 22,900 and a LOS of F"r~ However, the traffic count was not.take ~ vicinity of Gulf Shore Drive. As a results- a prior moratorium on development along Vanderbilt Beach Road was allowed to expire, as this roadway was obviously not constrained when visually observed over a period oftlme. Policy 1.3 states: County arterial and collector roads shall be maintained at l "D" or better on the basis of the peak season peak hour traffic volume. DEC 1 0'2003 Policy 5.1 States:~ The County Commission will review all rezone 'requests ,.with consideration of thei~ impact on the overall system, and shall not approve any such request that significantly ~mpacts a roadway segmbnt:already operatiOn and/or projected to'operate within one year at an unacceptab, le Level of Service ..u~less specific mitigating stipulations are approved. ' . ~ , Policy 5.2 states:. Significant Impact is hereby .defined. as generating a 'volume of traffic equal to or greater than 5% of the minimum sta'ndard level of service peak hour volume, of an.. impacted roadway. .. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs .analysis indicates that the proposed overlay district is located generally outside an area of historical and archaeologi .cal .. probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. E rVIRO aV ENTAC, T U SPORXAX]ON & IiVrrtASxRIJCXtr : the'appr6priate staff resP°nsible has reviewed the subject petition for oversight related to the above referenced areas of critical concern. This includes a.review 'by the Community DeveloPment Environmental and Engineering staff, and' the Transportation Department. These reviews help shape the content of the overlay document an.d the resulting zoning criteria formulated to achieve GMP and LDC requirements. NONCONFORMITIES':. Through the course of developing zoning overlays to address specific concerns; caution must be employed to consider the potential for existing structures, uses and other aspects of the zoning district becoming nonconformities through the enactment of a proposed legislation~ LDC Sections 1.8.1.1, 1.8.12 state: Intent. Within the zoning districts established by the land development code or amendments that may later be adopted there may exist lots, structures, uses of land, water and structures, and characteristics of use which were lawful before this code was adopted or amended but which wouM be prohibited regulated, or restricted under the terms of this code or future amendments. It is the intent of this division to permit these nonconformities to continue until they are voluntarily renovated or removed as required by this code, but not to encourage their survival. It is the further the intent of the land development code that the nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used,~as, grounds for adding other structureS or uses prohibited elsewhere in the same district (Emphas~ added). County Staff consulted with Collier County Real Carrington, Jr., SR/WA, wh° offered the following: Estate Services and Mr. Charles E. "The impact a change in building heights along North Gulf Shore Drive from 100 feet to 75 feet might have on property values and sells: Such a change would impact sell ability and resulting value (selling price) of both vacant and improved ~o~l~A ncaa / DEC 10'2003 Vacant land or under deVeloped property purchased for the purpose of building a.100. foot tall high rise would probably be impacted the gre. atest. Since the building height was reduced by 25% the profit potential is. reduced equally. Thus, the value.of the vacant parcel has been reduced by 25%. .~ The measurable impact upon property housing'existing 100-foot high rises is more difficult to ascertain. If this change comes to being, the value of every unit in a building exceeding the 75 foot-height restriCtion would be negatively impacted to some degree, the exact amount of which could not bi determined I would think until" after the change became law and some sales took place. Each building would also need to develop a rebuilding plan as soon as the change was made so that every owner would know upfront the impact such an incident would have on his or her unit. Say, a building that is currently 100 feet tall and has 25 units burns to the ground. Since.it' can only be reconstructed to a height of 75 feet, either the new building would contain fewer units or each unit would have to be approximately 25% smaller. Every own6r or real estate agent / broker representing an owner would need this information to give a potential buyer for that buyer, to make a well-informed decision. When a buyer is told that the top floor pent house unit he or she is considering buying may nOt be reconstructed at all, or if constructed, might be smaller and not at the'100 foot height as it exist, the likely hood of a sell diminishes thereby reducing the number of potential buyers and the selling price. Generally, the greater the risk, the lower the marketability potential ,which has a direct impact upon sales price. Such a change would lower the Advalorem Tax Base. The County may be subject to law suits under the Bert Harris Ruling". . FISCAL IMPACT ANALYSIS: Fiscal impact analysis estimates the costs and revenues associated with land use decisions. The fiscal impacts associated with the proposed overlay LDC amendment are inextricably intertwined with the effect on the government body (Collier County), the development community and individual property owners within the Residential Tourist (RT) zoning district and adjacent districts. County staffhas been working with Henry H. Fishkind, Ph.D. one of Florida's premier economic consultants. Dr. Fishkind has prepared a FIAM (fiscal impact analysis model) prototype to be used by Collier County. For the Vanderbilt Beach Overlay study Dr. Fishkind has evaluated the proposed overlay scenarios with the FIAM and subsequently supplied the resulting data, which is attached to this report as an addendum. STANDARDS DEVELOPED: County Staff developed a "draft" overlay document (a thinking point document for discussion purposes only) and conducted meetings with a "Stakeholders group" (individuals representing homeowners and development/business owners) beginning in January 2003, to review the draft document and attempt to reach consensus regarding development standards to be set forth in the proposed overlay document. The "Stakeholders group" became deadlocked reviewing the draft document, which led to the homeowners offering their own overlay version to be considered. Staff analyzed the homeowner's document and determined that the criteria presented was far Staff then developed a £mal overlay draft, which has been reviewed an, app~z~Al~l~ bio. DEC 1 0'2003 directors and planning staff of CommUnity Development and Environmental Servii:es. The. staff proposed overlay document is included in the third 2003' LDC Cycle of amendments. PUBLIC HEARINGS: Public hearings have been conducted wherein the subject propo~d zoning overlay has undergone evaluation by the following bodies: (1. Collier County Planning Commission at the LDC Amendment Cycle 3 meeting October 22, 2003, (continued to November 13, 2003). The Planning 'Commission voted' 8-0 to adopt.a version of the homeowners proposed overlay document on a motion presented by Commissioner Dwight .. Richardson. (2. Environmental AdvisOry Council, Wednesday November 5, 2003, at its' regular meeting, voted 6-0 to support the homeowners proposed overlay docum.ent. ~. ANALYSIS: Extensive analysis by statfhas led to the conclusion that the zoning criteria of the existing RT zoning district does not overtly encourage or support the perceived localized conditions of "canyonization'. Secondly, there cannot be found a "~rigger" to indicate that the current RT zoning criteria is not based on sound planning practices, nor can there found a rational nexus to support a major change in height limits, /,'~'here is, however, reasonable evidence to support dimensional changes in setback criteria, //./elimination of conditional uses permitted to 125 feet in height and elimination of the '. potential for a height variance petition. Removal of the "wedding cake" type of setbacks, currently permitted in the RT zoning district, is in keeping with trends in all remaining zoning districts of the county and will have a profound effect on building envelope design. Additional analysis has been accomplished on the differences in the staff proposed overlay criteria and that suggested by the Collier County Planning Commission at the November 13, 2003 meeting. The following chart illustrates the major differences in the current RT zoning district criteria, the staff proposed overlay criteria and the CCPC proposed overlay criteria. Existing RT Zoning District Staff Proposed Overiay CCPC Proposed Overlay Criteria Criteria Criteria Permitted uses: Permitted uses: Permitted uses: Hotel and motels, Multiple- Hotel and motels, Multiple- Transient accommodations, family dwellings, Family care family dwellings, Family care herein defined as hotels, facilities, Timeshare facilities, facilities, Timeshare facilities, motels and timeshares, Townhouses subject to section Townhouses subject to section Multiple-family dwellings, 2.6.36 2.6.36 Family care facilities Conditional Uses: Conditional Uses: Conditional Uses: Churches and other places of Churches and other places of Churches and other places of worship, Marinas, worship, Marinas, worship, Marinas, Noncommercial boat launching Noncommercial boat laUnching Noncommercial boat facilities, Group care facilities, facilities, Group care facilities, laUnching facilities, Group Private clubs, Yacht clubs, Private clubs, Yacht clubs care f permitted uses not to exceed 125 feet in height No._ Minimum lot area: One acre Minimum Yard Requirements: Front = % BH to each wall or, wing, minimum 30 feet Side = ½ BH to each wall, minimum 15 feet Rear = ½ BH from each exterior wall, minimum 30 feet Building height: Ten stories or 100 feet Conditional use permitted to 125 feet Lot aroa: One acre Existing RT Zoning District Criteria Lot area coverage: Residential = 40% coverage Commercial, industrial & mixed use = 70% coverage Maximum Density: Hotel & Motel = 26 units per acre Timeshare & Multifamily = 16 units per acre Minimum lot area: One acre Minimum yard, requirements: Front '-- ~A BH minimum 30'feet Side = ½ BH minimum 15 feet Rear = ½ BH minimum 30 feet Building height:, 1 O0 feet, No variances permitted Lot area: One acre Staff Proposed Overlay Criteria Lot area coverage: Residential = 40% coverage Commercial, industrial & mixed use = 70% coverage Maximum Density: Hotel & Motel = 26 units per acre Timeshare & Multifamily = 16 units per acre Minimumlot area,:, One Contiguous acre Minimum yard requirements: 'Front = ½ BH minimum 30 ,feet Side = ½ BH minimum 15 feet Rear = ½ BH minimum 30 feet Building height: 75 feet No variances permitted Lot area: One contiguous acre CCPC Proposed Overlay Criteria Lot area coverage: Residential = 25% coverage Transient accommodations use = 35% coverage Maximum Density: A maximum of 16 units p~r acre for Transient accommodations and 4 units per acre for Multifamily STAFF RECOMMENDATION: Drawing on the extensive research and graphic analysis conducted, the rather subtle changes in permitted setbacks, proposed in the staff amendment, will have a profound effect on future building envelope design. Coupled with the predominately narrow lots prevalent (at least 60% of existing lots are only 100 feet wide) the buildable space is limited, thus reducing obtainable height naturally. - AGENOA Il'Eld 1 0'2003 Therefore, staff recommends the staff proposed LDC amendment to create a new Vanderbilt Beach Residential Tourist Overlay Zoning District.(VBRTO) as a viable legislative option f~r' Board consideration. Attached also find the County Attorney staff analysis and opinion regarding the VBRTO maximum height issue. The County Attorney indicates in paragraph 7 of his opinion, "There is a good argument...that a reduction in maximum height from one ' ' hundred (100) feet to seventy-five (75) feet would not be an "inordinate burden" upon property in the VBRT Zoning District..." Therefore, staff recognizes and acknowledges that there are alternative defensible options'to a maximum building height of one hundred (100) . feet in the new VBRTO. DEC 1 0'2003 PREPARED BY: PRINCmAL ~ ' REVIEWED BY: ~D¥ com~ ~---7~-~-~_ MANAGER DATE REVIEWED BY: STAIN LITSINOEI[, AICP ~ COMPREHENSIVE PLANNING DEPARTMENT DIRECTOR APPROVED BY: AGENDA ITEM No. DEC 1 0 200~ David C. Weigel, County Attorney Comments and Opinion .// DEC ~ 0: 2003 TO: FROM: DATE: SUBJECT: MEMORANDUM' Joseph Schmitt, Administrator, CDES Divi.sion Don Schneider,, Principal Planner, Planning Services David C2 ~Weigel, County Attorney: December 1, 2003 Comments and Opinion Relating to tl~e Vanderbilt Beach Residential Tourist Zoning District Overlay (VBRTO) Recently, I addressed the Collier County .Planning Commission (CCPC) and stated, among other things, that it is appropriate from a planning perspective and a legislative function of local government .to consider a reduction from 'the present maximum height development standard of one hundred '(100) feet for the Vandei'bilt Beach Residential Tourist Zoning District ("VBRT Zoning District") to seventy-five (75) feet. The foregoing recommendation was made taking into consideration the history and current status of development in the area: recogniz&d ;'problems" of present and potential future development therein; and the potential application of the Bert J. Hams, Jr., 'Private Property Rights Protection 'Act (the "Act") specifically, Section 70.001, Florida Statutes, to a legislative enactment of the local government affecting the VBRT Zoning District. The Act may briefly be described as follows: It provides for relief, or payment of compensation, when a new law, rule, regulation of the state or a political entity of the state (e.g., local government), as applied, unfairly affects real property. The Act states that "When a specific action of governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government..." (§ 70.001(2), Flor/da Statutes, emphasis added) The Act describes "inordinate burden" or "inordinately burdened" to mean "that an action of one or more governmental entities has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. (§ 70.001(1)(e), Flor/da Statutes, emphasis added) The terms "vested right" and "existing use" are defined in the Act as foil (3) For purposes of this section: (a) The existence of a "vested right" is to be d by applying the pr/nciples of equitable estopp ubstantive due process ~ws: }16F.~A ~ :terr~ed lnder the DEC 1., 0" 2003 common law or by applying the statutory law of this state. (b) The term "existing use" means an actual, present use or activity on the real property, including periods of, inactivity which are normally associated with, or are incidental to, the nature or type of use or activity or guch reasonably foreseeable, ,aonspeculative land uses.which are suitable for the subject real property, and c'omphtibIe with, adjacent land uses and which have created an existing fair. market value in the property greater than the fair market value of the actual, present use or activity on the real property..." (§ 70.001.(3)(a)(b), Florida Statutes, emphasis added) ,. ' The statute, therefore, turns on concepts of fairness and reasonableness for both the local government 'and the affected property 9wrier and whether an "inordinate burden" has been placed upon the "reasonable investment-backed expectations" for the existing use of the property. Every case for affected properties will ultimately turn on specific facts pertaining to specific, individual properties.. The terms in the statute appear to be purposely vague, without definitive standard or measure, to be left to affected parties and the courts to deyelop as cases are settled or work their way through the judicial system. With no cases on point, it is, therefore,' difficult to predict what a court might do to a new reduced height standard in the Vanderbilt Beach RT Zoning District. Nonetheless, there are many reasons why the local government and potentially, a court, should favorably consider the propriety and defensibility of an amendment from the present one hundred (100) foot maximum building height to seventy-five (75) feet for the VBRT Zoning District. This is because: 1. There is already a seventy-five (75),footor less maximum building height development standard in essentially all other zoning districts of the County, 'including the districts adjoining the VBRT Zoning District. 2. The VBRT Zoning District areas are situated on the narrow spit of land known as Vanderbilt Beach. Essentially, one of the VBRT Districts is located at the southern-most, westerly portion of the area. To its east and south is an area zoned C-3 (Commercial Intermediate District). Immediately adjacent to the north is an area zoned RSF-3 (Residential Single Family District). Immediately to the north of that is another VBRT area. Immediately to the north of that is an RMF-16 Zoning District (Residential Multiple Family District). Lastly, at the northern-most portion of the Vanderbilt Beach area is the final piece of land zoned VBRT. The C-3 Zoning District has a 50 foot maximum height. The intervening RSF-3 Zoning District has a 35 foot maximum height. The other intervening district zoned RMF-16 has a 75 foot maximum height. 3. Therefore, the concept of a seventy-five (75) foot maximum building height regulation in the VBRT Zoning District may be found to be compatible with and to serve as a transition to the neighboring zoning districts. The regulation of a seventy-five (75) foot maximum building height in the VBRT Zoning District could be reasonably considered to be compatible with the single family homes, larger and smaller multi- family dwellings and commercial establishments already existing in the area. 4. The VBRT Zoning District has rather unique characteristics. It i~ piece of land located between the Gulf of Mexi~nd the Vanderbilt Lag, AGF:NOA ITF. M a nslirow ,on and it DEC 1,0' 2003 contains commercial, residential, as well as tourist land uses; it is not a purely commercial zoning district. Both residents and tourists have enjoyed for many yeats a kind of "character of neighborhood" which is being and would continue to be destroyed by development at or near the present maximum above' height of one hundred (100)feet. Development to such a standard is taking away from the neighborhood "sense. of place", by negative impacts to the reasonable enjoyment of the VBRT Zoning District and adjoining zoning districts referenced above. This is due to added traffic congestion, increasing difficulty to (safely) walk, bicycle or even drive ,through the area for food, medical services or inter-district visitation or recreation. Additionally, Florida and Collier County residents, tourists, land owners and local government have recognized for many years and will continue to recognize and acknowledge that people come to coastal Florida neighborhoods to enjoy sunshine, beaches, favorable breezes, views of the Gulf of Mexico and in this neighborhood, the Vanderbilt Lagoon. Inordinate high-rise construction with minimal set-backs in this unique area/zoning district, resulting in view blockage, "wind tunnel breezes" between massive structures, extraordinary shadows from tall buildings and diminished sunlight, is not the better way for the VBRT Zoning District to develop for the reasons cited herein. / /' '5. The VBRT Zoning District, as well as the adjacent C-3, RMF-16 and 'RSF-3 zoning districts, ail located between the Gulf of Mexico and the Vanderbilt Lagoon, are located in the Coastal High Hazard Area ("CHHA"), a state-recognized regulatory area for land use planning, recognized in the Collier County Growth Management Plan. The purpose of the designation in the area is to direct concentrations of population away from the CHI-IA. Thus, a reasonable argument can be made that the potential of development/redevelopment of one hundred (100) foot high buildings in the area is contrary to the public health, safety and welfare for the residents, tourists, owners and citizens utilizing the area. 6. Nearly two years ago, the CCPC and the Board of County Commissioners ("Board") considered, heard, recommended and adopted Ordinance No. 2002-03, the establishment of interim development controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) Zoning District. The 2nd and 3ra paragraphs of Section 2.2.36.1 Purpose and intent of this Ordinance read as follows: 2.2.36.1 The Vanderbilt Beach area is unique in that it is situated on a narrow spit of land lying to the east of the Gulf of Mexico and to the west of the Vanderbilt Lagoon. It is served by a narrow two-lane roadway known as Gulfshore Drive. Presently, hotel, motel, multiple-family and other uses are permitted with maximum heights of ten stories not to exceed 100 feet. Setbacks are a function of the height of a structure. The area has been experiencing redevelopment pressure due to its proximity to the water. Redevelopment proposal have planned to maximize the use of the available land by utili maximum development standards on small lots that were originally platted in/~the 1950' Wi,thout an overlay distn been :ing A(~ENDA ITEM :t DEC 1..0 2003 that would establish less intense development standards, the area would redevelop with ten ~story buildings on small lot§ on , each side of the narrow Gulfshore Drive ,~reating a canyon-like * effect, exacerbating already e×isting traffiC congestion and further reducing view corridors and, light and air movement between' the Gulf of Mexico and the Vanderbilt Lagoon, The above-cited provisions of Ordinance No. 2002,03 essentially establish'findings of the Board of County Commissioners concerning the Vanderbilt Beach area and cite the problems to be remedied to a reasonable degree by adoption of an overlay district for the area. Such statements as uniqueness of the area, .description thereof, redevelopment pressures, maximum development on small lots, the 'narrOw, congested roadway, Gulfshore Drive, that serves the area are essentially statements of fact that have become part of the law and provide a basis for the district Overlay. This local law provides a purpose and intent to ~stablish "less intense development standards" to reduce.degrading the quality of life for both. residents and tourists, alike in the area stemming .from maximum redevelopment to standards that otherwise lead to "a canyon-like~ effe~t", "exacerbating already existing traffic congestion" and "further reducing view corridors and, light and air movement between the Gulf and Lagoon." This duly adopted and uncontested ordinance is the imperative to the planning and legislative bodies, the CCPC and Board, to reasonably recommend and legislate, .to preserve the neighborhoods of the area. The interim development controls already in place were adopted after a significant public hearing process to allow time for a study to occur. Culminating from the study would be new development regulations to protect the unique character of the area. It was apparent that regulatory standards were likely to chan'ge following study and additional public hearings. Reductions in building height have been a part of the discussion for well over two years. Any property owner knows that (land use) regulations are subject to change. In the Vanderbilt Beach area it is certainly reasonably foreseeable that regulatory change could and would occur. Reasonable, investment-backed expectations are not diminished by modest building height reduction regulations to benefit the neighborhood and the property owners. 7. There is a good argument based upon the foregoing information and a reasonable application of the terms of the Act, that a reduction in maximum building height from one hundred (100) feet to seventy-five (75) feet would not be an "inordinate burden" upon property in the VBRT Zoning District, because existing uses are not eliminated or disproportionately affected, there have been maximum building height regulations different from the current standards over the years, and there would appear to be no inability for the landowners of the District to attain the reasonable investment- backed expectations for the existing use of the real property. Such regulatory change arguably does not impose a disproportionate burden on the property owner because, typically, the "mega structure" development on a parcel will probably have an element of financial speculation to it. There is no legal requirement for local government to guarantee maximum profit for an owner's development project; but merely to not "inordinately burden" the existin the real property or a vested right to a specific use of the real property. A mere r~ in maximum building height of twenty-five~owing for a structure of ~venty- DEC O, 200 five (75) feet, is not a taking nor it can be predicted with any certainty that a.property .so regulated is "inordinately burdened" and cannot be developed or redeveloped to obtain a "reasonable investment-backed return". There is an .argument to be made that a property owner must provide competent evidence as to whether the development or redevelopment of the property cannot realize a reasonable return. A seventy-five (75) foot ~maximum building height is not "small potatoes", and creative development adroitly utilizing the manifold uses of the VBRT Zoning District can achieve much with that height standard. There are treatises written and arguments to be made that there comes "added value" by a reduction (in height) regulation wherein the unit values increase both what exists and what can be built. It has been opined that newly imposed height restrictions create an air of exclusivity in a (residential) zoning district, (eventually) raiiing'the value of all homes in the district. The argument may be expanded to allow for higher unit value or higher value per size of unit immediately upon height reduction enactment, with further value recognized later upon the appreciation in value of an enhanced neighborhood. CONCLUSION: The foregoing information, opinion and observations are provided to ' a~sist staff and ultimately, the Board, in the consideration of the adoption of altered ,~tevelOpment standards for the VBRT Zoning District in context with the Act. It is 'impossible and inappropriate for the author to declare or pre-judge if a height standard of seventy-five (75) feet for the VBRTD, alone, will or will not trigger a "successful" claim against the County under the Act. As stated, any claims or cases will be fact-specific relating to a particular parcel of real property. Reasons for and defenses to a height reduction in the VBRT Zoning District are several, and yet the risks of governmental liability under the application of the Act remain uncertain, depending in part on the entire package of legislative changes that may be adopted for the VBRT Zoning District. DCW/nfb CC: Board of County Commissioners James V. Mudd, County Manager Leo Ochs, Deputy County Manager DEC 1 0'2003 Dr. Fishkind's Fiscal Impact Data - To' be inserted- AGENOA ITEM No. DEC ~ 0 ~ 2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Community Development and Environmental Services Division LDC2:124.34.13. Supplement 15 Cycle 3, 2003 LDC PAGE: LDC SECTION: 2.3.5. LDC SUPPLEMENT: CHANGE: REASON: Renumbering the section based on a scrivener's error. See above. F~CA ,L & OPERATIONAL IMPACTS: None'. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. 2.3.5.1. PUrpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.2.5. !. 2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not fir for commercial or recreational purposes. DEC 1.'0' 2003 2.2.5.2.2.3.5.3. Single family dwelling units. The following requirements shall apply.t0 those vehicles parked or stored outside of an enclosed structure including the residential' dwelling unit together with any attached or detaChed garage or carport. 1. Vehicles shall be parked or stored on the front or side yard's on a specifically designated area of the lot' which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 40 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 40 percent of the larger or largest front yard as the case may be. 3. If the application 'of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then notwithstanding tl~e above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 4. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. '2.2.5.2. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be parked or stored on the front or side yard on a specifiCally designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 50 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 50 percent of the larger or largest front yard as the case may be. 3. A driveway may be provided on each side of the two family or larger dwelling unit. 4. If the application of these regulations results in the maximum allowable width of the treated surface area being less than 20 feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet.. 5. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. AC~.NOA No~ DEC 1 0' 2003 2.3.5.~. 2.3.5.5. 'Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as .defined in section 6.3. of this. Code). 'The following requirements ~hall apply to tho~se vehicles parked or stored outside of an 'enclosed structure including the dwelling unit together with an attached 'or d'etached garage or carport: 1. Vehicles shall be located on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of ~oncrete, crushed stone, asphalt, or pavers. , 2. Parking areas provided in excess of the minimum parking space requirements of this code shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requ'irements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. 3. Access ~o any lot shall only be made from a driveway having an approved fight- of-way permit. No access is allowed through, or across another lot, unless the access is through an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between' improved properties. 2.2.5.5.2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public o'r private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.2.5.5.2.3.5.7. Vehicle ownership requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a firm, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.2.5.7.2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.2.5.2. 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. DEC 1'0' 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Michael J. DeRuntz DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:134 2003 Cycle 3 LDC SECTION: 2.3.21.4 LDC SUPPLEMENT #: Supplement 4 CHANGE: Restructuring the existing language for clarification REASON: The modification will add clarity to the eXisting off-street loading requirements / F~SCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None 'GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.3.21.4. For facilities in section 2.3.21 not of sufficient size to meet the minimum requirements set forth~ in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking ofa delivew vehicle, ....... ,~ ....... ;+h ~+~"~ 2.3.21~ to :ns'are ensure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-Street parking space-for AC.~A IT~U No. DEC 1.0'2003 ORIGIN: AUTHOR: Russell Webb ' DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:157 Community De,~elopment and Environmental Services Division Cycle 3, 2003 LDC SECTION: 2.4.7.2. LDC SUPPLEMENT #: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat '(PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: ,. RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None.' OTHER NOTES: There is ~currently an amendment in the 2nd Cycle which, if approved, will shorten the time period regarding discontinuance to 60 days. Therefore, this will need to be revised to reflect that new time period if applicable. Amend the LDC as follows: 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 60 consecutive days or more and a request for an occupational license to resume business is made. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required p Code, the proposed use shall be required to install the more opaque buff ~r as~rovided DEC 1,,0'2003 for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for i'n table 2.4, the propo.sed use shall install a type A' buffer. Where the incorporation of existing native Vegetation in landscape buffers. Is determined as being equivalent to or in excess of the intent of this Code, the plannin~ services director may waive the planting requirements of this section. Buffeting and landscaping between similar residential land uses may be incorporated into the yards of individual .lots or tracts without the mandatory creation of separate tracts. If buffeting and landscaping is to be located on a lot, it shall be shown as an easement for buffering and landscaping. The buffeting and screening provisions of this Code shall be applicable at the time. of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffeting and screenirig required pursuant to section 2.4.3..5. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffeting and screening the same as for the higher intensity uses between those uses. Landscape buffeting and screening standards within any planned unit development shall conform to the minimum buffeting and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffeting and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. DEC 1,[1" 2003 ORIGIN: AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle 3, 2003 LDC PAGE(S): LDC2:162 ' Community Development & Environmental Services Division LDC SECTION: 2.4.7.5. LDC SUPPLEMENT #: Supplement 11 CHANGE: Incorporate the "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County, Florida" into the Land Development Code. ' . Adoption of this document will replace some of the seciions °fthe Collier County. Streetscape Master Plan; reference to this document will be updated as well. REASON: The "Construction Standards Handbook for Work Within the Public Rights- of-Way Collier County, Florida" has been created,and it supercedes portions of the Collier County Streetscape Master Plan. FISCAL & OPERATIONAL IMPACTS: None, RELATED CODES OR'REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: The language contained in the amendment proposal below that is not underlined is currently being presented in the 2nd Cycle of Amendments. So, if that language is not approved, then this will have to be changed to revert back to the language in Supplement 11. Amend the LDC as follows: 2.4.7.5. "Collier County Streetscape Master Plan '; "Construction Standards Handbook _for Work Within the Public Rights-of-WaY Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the, "Collier County Streetscape Master Plan~" the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, sl all ~,c.,[~ArrEla adhere to the requirements of .... ,,o^,;~,. o .... ,.. e,.~, .....~,,~,~. p. DEC 1 0'2003 documents. . Notwithstanding the above, for required landscape buffers adjacent to any fight-' of-way, the requir.e.ments 6f Section 2 and Figure E. 1 of the "Collier County St. reetscape Master Plan", the "Construction Standards Handbool~ for Work Within the Public Rights-of Way Collier County, Florida" and the ".Golden Gate Community Roadways Beautification Master Plan shall apply at the time of issuance of any related subsequent development order including Construction plans attendant to the approval of a final plat an~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. , . AGIENOA ITEM DEC 1. 0'2003 ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Develo ~ment & Environmental Services Division John Kelly Planning Services LDC2:169 2.5.5.2.3. Real estate signs (Commercial) Supplement 13 No regulatory change - realign and adjust text. LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: To make this subsection more understandable and clarify intent. None None None OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.3. Real estate signs: As defined The c,,,, .... ;~ ' ,.~;c.~.4 · shall be pe~itted in non-residential disthcts subject to the following: One ~'ound s:~n .-.;"- a ma. :m- . ....o- .................. e~,~ ,, ....... , "F~r ~ ~, ,, ~ ~:~a~ ~ound si~ with a maximum height of ten feet or wall si~, with a maximum ~ea of ~elve square feet in size per s~eet ~ontage for each p~cel, or lot less th~ one acre in size. ~o building pe~it required.) ...... , .......... ground s~gn w~th a maximum height of ten feet or wall sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) .-~.,~. .... t ..... :u ground s~gn w{th a maximum hmght of 15 feet or wall si~.tm~ w,m a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess often acres in size. building pe~tls required; AC.-iENOA ITEM No. DEC 10'2003 OR/GIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE tt OR DATE: LDC PAGE: LDC2:170 Community De'celoprhent and Environmental Services Division Russell Webb ' ,' Cycle 3, 2003 LDC SECTION: 2.5.5.2.5.1.1. LDC SUPPLEMENT It: Supplement 13 CHANGE: REASON: Establishing an administrative variance procedure for 1.otg with less 150 feet of road frontage. than There are many businesses that currently exist and are not allowed signs when it may be appropriate for them t'o have one. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: There does not appear to be a fiscal impact of the proposal. 2.5 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, or industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not con: in namm~n~n DEC I.i 0' 2003 tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of'businesses located on outparcels shall not appear of directory signs. ' 2.5.5.2.5.1.1. Exception. Single-occupancy parcels, shopping centers, 'office complexes, business parks, or industrial parks having frontage of no less than 100 feet, but ul, to 149.9 feet on a public street, or combined public street frontage of 150 feet o~ more for comer lots, may apply for an dm~mstrat~ve variance that a ground sigii is necessary to notify the public of the business. The County Manager or hi~ designee may make this determination, provided that all of the following minimum requirements are met: For parcels with frontage of 121 to 149.9 feet: a) the ground sign shall be limited to 8 feet in height regardless of the roadw.ay classification, as measured from the lowest centerline grade of the nearest public or private R.O.W. or easement to the uppermost portion of the sig. structure; ' b) the maximum allowable sign area is 32 square feet; For parcels with frontage of 100 to 120.9 feet: a) the ground sign shall be limited to 6 feet in height regardless of the roadway classification, as measured from the lowest centerline grade of the nearesl public or private R.O.W. or easement to the uppermost portion of the sign stmcturei b) the maximum allowable sign area is 16 square feet; For all parcels with road frontage of no less than 100 feet, but up to 149.9 feet~ approval shall be based on the following criteria as well as demonstrated compliance with the development standards referenced above in a) and b) based on the amount of road frontage: c) there is a business or multiple businesses on site that the sign pertain.q to which are not visible from the road or the site is a business park with multiple buildings in commercially zoned areas or industrial parks~ d) a building permit must be obtained; e) the proposed sign will not impair the view of existing signs on neighborin~ lots; ' AGENDA No. DEC 10' 2003 f) such sign sha, ll not be located closer than 10'fee, t from any property line~ ' g) the ~sign shall provide a solid'pble" cover no less ihan 50 percent, of the Width of the sign, with architectural design featfires and colors commOn to those used for the main ~tmcture, lattice not being a sufficient pole cover; h) a minimum 100 square foot planting area shall be provided around the base of the sign; Architectural design, construction, and color shall include features common to those used in the design of the building the sigh is accessory to; the sign shall not be in the shape of a logo, nor shall any logo protrude from the sign; the use of fluorescent colors is prohibited;, the sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both Sides; any spot or .floodlight illumination for. these signs must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. j) the street address for the building 'shall 'be displayed in numerals at least 8 inches high on both faces of the sign and must be located so as to not be, covered by landscaping or other impediments; and k) no other free-standing signs will be allowed on the same site 2.5.5.2.5. !. !. 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction setback so as to m~. locate the sign structure; o~ 2003 d) The extent of the redflction is the minimum amount necessary to provide ' relief from the applicable conditions Cited aboq, e. AGEI~A ITEM DEC 1.0~2003 ORIGIN: AUTHOR: Community Development and Environmental Services Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE:, LDC PAGE: 6:10.2 Cycle 3, 2003 LDC SECTION: Section 2.6.3. LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the definition of building height, to include a definition for Actual Building Height, clarify the definition of Zoning Height ora building and add the definition of grade to the Zoning Code that is consistent with the definition in the Building Code. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet fight on the coast to .just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To insure that the actual building height will be presented on all building permit applications and land use permit request the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would insure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than 20 percent of the total floor area, anything beyond that amount would be considered in the computation of the building height. No. DEC 0'2003 FISCAL&OPERATIoNAL IMPACTS: There will be a fiscal impact ,to developers and this study will be submitted upon completion: RELATED CObES OR REGULATIoNs:," Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: ' None. Amend the LDC as follows: Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in _Ddivision 2.2. do not apply to infrastructure in support of thb building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances us~ ~p:gr~t-.t-o-~ placed above the roof level and not intended for human occupancy; ..... ........ r ..... ~ ........... 2.2.22, or commercial purposes as provided .below, (A) Structural elements shall be no higher than necessary to accomplisll the purpose it is intended to serve (B) The a~egate area of structures or appurtenances shall not exceed one-third the area of the supporting roof, (C) Where this section conflicts with Division 2.8, the provisions of Division 2.8. will control. (D) The heights of these structures or appurtenances thereto shall nol exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight anDroach zone of airports. (See section 2.2.23.) - 2.6.3.2. Exclusions for off-street parking within a principal structure. In instances where off-street parking is provided within the principal structure, the development services director may waive the maximum height requirements to A~=.NDA flT=M DEC 10'2003 the extent necessary to permit off-street parking within the principal structure, provided however: (1) the number of off-street parking spaces required by this Code for the use involved may not be reduced; (2) the waiver in height shall not be greater thon that necessary to provide for the off-street parking within the principal structure, with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on adjacent properties; and , (4) for each off-street parking space permitted within the principal~ structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this Code shall be provided. (Ord. No. 92-73, § 2) AGi~NDA rl'~M No. DEC ,0:2003 ORIGIN: AUTHOR: Community DeVelopment and Environmental Services Division (As directed~ by the CCPC on 10/2/03!. . . , Cycle 3, 2003 DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: 2:192.2.4- 2:192.2.6 LDC SECTION: 2.6.21. LDC SUPPLEMENT #: Dock facilities Supplement #13 CHANGE: Addition Of a seventh criterion, which addresses the impact of a boathouse on the view of neighboring property.owners, to the existing, six criteria used to evaluate 'boathouse petitions REASON: Staff was directed by the Collier County Planning Commission to prepare this amendment FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None STAFF COMMENTS: Planning staff does not support this recommendation. It is the position of staff that the impact of a boathouse on the view of neighboring property owners is adequately addressed by the current criteria. The proposed amendment would interject an element of subjectivity that staff believes would subvert an otherwise objective process. Furthermore, the proposed amendment could lay the groundwork for the appeal of a denial, based on the criticism that the Code does not provide for a decision based on competent and substantial evidence: It is staff's concern that the proposed seventh criterion requires the exercise of discretion by staff to review and recommend, and that this would leave the County vulnerable to a claim that such discretion had been exercised in an unbridled, arbitrary or capricious manner. Amend the LDC as follows: 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure buil shall be reviewed the anning commission using ....o..._.." ~ 5n a q4t~N4OA' ~ ~l~1~ "'~ ~ cft~is DEC 10 2003 .,~ req=est: according to the follow c eha, all, of which must be met in order for the Pla~ing Commission to approve the request' 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into Waterway.. 25 percent of canal width or 20 feet, whichever is less; the roof alone may overhang no more than three feet into the waterway beyond the maximum protrusion and/or side setbacks. .: 2.6.21.4.3. Maximum height: 15 feet as measured from top 'of seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 2.6.21.4.4. Maximum number of boathouses or covered structures per site: 1. 2.~.21.4.5. All boathouses and covered structures shall be completely open on all four sides. 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style; a single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any' boathouse or covered dock structure. (Insert Exhibit "A" here) 2.6.21.4.7. The proposed structure shall not have a major impact on the view of either adjacent neighbor. ACtA ITEM No. DEC l. 0 '2003 ORIGIN: AUTHOR: Russell Webb ' DEPARTMENT: Planning Services LDC PAGE:, LDC2:217 Community Degelopment and Environmental Services Division LDC SECTION: 2.6.33. LDC SUPPLEMENT #: Supplement 13 CHANGE: Addition of 2.6.33.10 REASON: Staff feels that the a provision should be adopted to addres~ signs intended to inform the public as to new businesses in the area. The consensus view is that 'the public' interest in being made aware of new businesses in the area overrides any minimal .impacts on aesthetics. FISCAL & OPERATIONAL IMPACTS: The. fees collected for the temporary use permit will most likely be offset by the revenue used to police these signs. Therefore, the impact should be minimal or non-existent. " RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non residential district. This sign must not exceed 32 square feet and the temporary use. permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six month.*. from the issuance of a building permit or until the issuance of a permanent sign. whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of thc entry of a new business within a six-month time period. However, th ~ ~i~,~_ n~m~ .-r:a'v.~- be located within any public right-of-way or easement. DEC 10 2003 /db ORIGIN: AUTHOR: Russell Webb/Cheryl Soter Community DeVelopment and Environmental Services Division DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC 2:228.1 LDC PAGE: Cycle 3, 2003 LDC SECTION: Division 2.6 Supplemental District Regulations LDC SUPPLEMENT #: Supplement 14 CHANGE: Revise language to clarify criterion for permitting a secondary kitchen REASON: The current language needs to be revised io further clarify the criteria used to permit a secondary kitchen. Additionally, we are amending .Division 6, Definitions to. create a definition for Kitchen, Secondary to further support apPlication of this section o£the code. FISCAL & OPERATIONAL IMPACTS: None .. RELATED CODES OR REGULATIONS: Recommending amendment to Definitions to add definition for Kitchen, Secondary GROWTH MANAGEMENT PLAN IMPACT: None Division 6, OTHER NOTES: None Amend the LDC as follows: Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a secondary_ kitchen p~ma,,7 kitcken provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) AC~=NI)A I'r"EM No. ORIGIN: AUTHOR: Community Development and Environmental Services Division' Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:248.3-248.5 .Cycle 3, 2003 LDC SECTION: 2.7.3.5. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding a subsection to address addition of educational or ancillary plants without subjecting the entire PUD to review. R~ASON: The County has identified the need to allow schools various deviatiOns and / .. is proposing the following amendment to effectuate that purpose. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.3.5. 2.7.3.5.1. Changes and amendments. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: 1. There is a proposed change in the boundary of the PUD; or There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or AC-~A I'I'~M No. DEC 1.0:2003 3. There is a proposed decrease in preservation, Conservation, recreation or open space a,reas within the development ngtto exceed five percent of the total adreage previously designated as such, or five acres in aria; or 4. There is a proposed increase in the size 'of.areas used for nonresidential uses, to include institutional', commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proPosed. ?elocation of nonresidential land uses; or ~ . ~ 5. There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; change's in traffic circulation; or impacts on other public facilities; Or 6. The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual. published by the Institute of Transportation Engineers; or 7.~ The change will result 'in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or 8. The change will bring about a relati.o, nship to an abutting land use that would be incompatible with an adjacent land use;' or 9. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; or 10. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion ofF.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or 11. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under section[s] 2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic] 2.7.3.5.2. Procedure for substantial/insubstantial change determination. 1. The applicant shall provide the planning services documentation which adequately describes the proposed changes appropriate review fee prior to review by the planning commis~ department director alnn~ with th~ .on. ~ DEC 10'2003 2.7.3.5.3. 2.7.3.5.5. 2.7.3.5.6. master plan map shall show all data normally required for submittal 0f'a PUD master plan unless it is otherwise determined not to be necessary, describing the' proposed changes in: land use; densitieS; infrastructure; open space, preservation or conservation areas; area of building square footage proposed ~'or nonresidential development; change in potential intensity of land' use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative, describing all of the dhange(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. Substantial changes Procedures. Changes, as identified in section 2.7.3.5.1, shall be considered substantial changes to the approved PUD master plan, and the applic~t shall be required to submit and process a new application complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and 2.7.3.2. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Relocation of building envelopes when there is no encroachment conservation or preservation areas. DEC 1,0'2003 3. Relocation of swimming pools, clubhouses, or ,other recreation facilities ~vhen such relocatiorit will not affect adjace,n,t. . , properties or. land uses.' 4. Relocation or reconfiguration of iakes, p6nds,' or other water faCilities subject to the submittal~ of revised water management plans, or approval of the ' environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by' appropriate staff to ensure that said changes are otherwise in compliance, with all county ordinances and regulations prior to the pl.annin, g services department director's consideration for approval. 2.7.3.5.7. Educational and Ancilla~ Plants exception. When a PUD is amended for the sole purpose of ridding an educational and/or ancillary plant, that PUD MI1 not be sUbject to the review process outlined in Section. 2.7:3.5. The review conducted, will be. limited to the impacts that the educational or ancillary plant will h~3ve on the. surrounding uses. AGENDA I'r~lVl No. DEC 10'2003 /,.¢'/ ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:251 .Cycle 3, 2003 LDC SECTION: 2.7.4.9. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. .RI~ASON: This change is being effectuated to allow the developer flexibility and to / / ,. save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as pan of a preliminary subdivision plat r~- ~ ......... ., ............ master plan) ,or final subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. AGENDA ITEM DEC 1,'0'2003 ORIGIN: AUTHOR: DEPARTMENT: Engineering Review Services AMENDMENT CYCLE tt OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:6 Community Development and Environmental Services Thomas E. Kuck, P.E., John R. Houldsworth, Senic~r Engineer LDC SECTION: .3.2.3. Applicability LDC SUPPLEMENT #: Original text CHANGE: Add language to clarify platting requirements. REASON: Clarity; it is not stated specifically Within the Code that platting is required whyn subdividing property. FI/SCAL & OPERATIONAL IMPACTS: None t RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. All divisions of land which meet the definition of"subdivision" shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. A~,~A I"r~.lVl No. DEC 10 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:13 LDC SECTION: 3.2.6.2. LDC SUPPLEMENT #: Supplement 10 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereatter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: ,, RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional. The preliminary subdivision plat process is not mandatory, but an optio, that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats thatwere~:'~ '~'"' "~'approved: ~pnor. to tile eff~eti~e~d~:~~' ~ ............... ~ ~ of thi.,: ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. 32622 Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. DEC 1, 0 '2003 3.2.4.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions,. Or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services directoi' shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdiViSion plat requirements established in section 3.2.7. BaSed on the review' and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to thb board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions :or denial. Said determination may be appealed to the county board of commissioners. 2.2.4.2.3.3.2.6.2.4. Reserved. AGEN~)A I'r~J~4 OEC ZOO3 ORIGIN: AUTHOR: DEPARTMENT: Community Development and Environmental Services Division Russell Webb ' Planning Services " AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:18 Cycle 3, 2003 LDC SECTION: 3.2.6.3.5. LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 13 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional.. This change is being effectuated to allow the developer flexibility and to saVe time and effort currently expended by staff. 3.2.7. NOne. Amend the LDC as follows: 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate th requested. DEC 1 0,2003 ORIGIN: Community Development AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC 3:25-3:30.1 and Environmental Services Division Cycle 3, 2003 LDC SECTION: 3.2.7. LDC SUPPLEMENT #: CHANGE: REASON: / i FiscAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Supplement 11 Revising the section to make it clear that the PSP process is now optional. This change is being effeCtuated to allow the developer flexibility and to save time and effort currently expended by staff. Various throughout the code. None. OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, ,p,,hlts~ItnOA I~ and other technical and professional persons may assist in the preparati{~n o~t. he DEC 1 0'2003 3.2.7.1.1. 3.2.7.1.2. 3.2.7.1.3. 3.2.7.1.4. 3.2.7.1.5. 3.2.7.1.6. preliminary subdivisiOn plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable t6 the development. ProviSions shall be made for placement of all utilities underground, where postsible. Exceptions for oYerhelad installations may be considered upon submission of sound justification documenting ,the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: A preliminary subdivision plat shall con'sist of a series of mapped information sheets ' on only standard size 24-inch by 36-inch sheets to include, but not .be limit, ed to, the following: 1. Cover map sheet; 2. Boundary and topographic survey; 3. Preliminary subdivision plat with right-of-~,ay and lot configurations; 4. Natural features and vegetative cover 'map; .for proposed site al.teration(s) within the coastal zone, vegetative cover map shall also comply with section 3.12.5; 5. Master utilities and water management (drainage) plans; 6. Aerial map; 7. Standard right-of-way cross sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the development services director. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. A vicinity plan showing the location of the tract in reference to other areas of the county. North arrow, graphic scale and date. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. The location and names of adjacent subdivisions, if any, and plat book and page reference. AGENDA ITEIvl No. OEC O, ZO0 3.2.7.1.7. 3.2.7.1.8. 3.2.7.1.9. 3.2.7.1.10. 3.2.7.1.11 3.2.7.1.12. 3.2.7.1.13. 3.2.7.1.14. 3.2.7.1.15. 3.2.7.1.16. 3.2.7.1.17. 3.2.7.1.18. The .tract boundary With 'bearings and distances along with written description and location relative to section comers. . ' TopograptiiCal conditions on the tra~t'i.nclfiding all the existing watercourses, drainage ditches and bodies of water, marshes, wetl~ds, 'possible archaeological sites and other significant features, t All existing s'treets and alleys of record on or adjacent to the traci including name, right-of-way width, street or pavement' width and, established centerline .elevation..' Existing streets shall be dimensioned to the tract boundary. All existing property lines, easements and rights-'of-w'ay of record, their purpose, and their effect on the property to be subdivided. . The locatioia and width of all proposed streets, alleys, rights-of-way,' easements and their purpose along with the proposed layout of the lots and blocks. Proposed street. names shall be identified on all public or privat~ thOrough-fares. Typical right-of-way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. .. The incorporation, and .compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when suchpresent or future streets are affected by the proposed subdivision. Access points to collector and arterial streets showing their compliance to the requirements established by this division or a zoning action previously approved by the board of county commissioners. Ground elevations based on the NGVD. However, information pursuant to section 3.2.7.1.8 may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. Utilities such as telephone, power, water, sewer, gas, and the like, on or the tract including existing or proposed water and sewage treatment adinco, nt tn DEC 10' 2003 3.2.7.1.19. 3.2.7.1.20. preliminary subdivision plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. Evidence of such utility availability shall be provided in writing from 'each utility proposed to service the subdivision. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical dwelling unit meeting required setbacks for a typical lot. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached,, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot arenas and lot dimensions may be shown on a legend as opposed to notation on each lot. 3.2,.7.1.21. / An environmental impact statement pursuant to division 8.3 [3.8] of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary subdivision plat. 3.2.7.1.22. Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: 3.2.7.1.22.1. A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands 3.2.7.1.22.2. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. 3.2.7.1.22.3. A map of all locations of other natural features as required by [the] development services director or any other regulatory agency having jurisdiction over such features. 3.2.7.1.22.4. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. 3.2.7.1.23. The location of buffered areas required by subsection 3.2.8.3.4 shall be illustrated and dimensioned if appropriate at this time. 3.2.7.1.24. A subdivision that generates 1,000 ADT (average daily trips) or 150 hour, peak hour/peak season shall submit a traffic impact analysis. The amc~.mpact DEC 1'0'2003 analysis shall be prepared by an engineer and shall b'e used to determine the number of lanes and, capacity of the street system proposed .or affected by the development,' based on ultimate permitted development. , 3.2.7.1.25. A master water manage.rnent plan outlining ,the existing and Proposed surface watercourses and .their principal tributary drainage .facilities, needed for proper drainage, water management and development of the subdivision. The master water management'plan for projects that are 40 acres, or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage,' existing water elevations, recurring high water elevations, the proposed de.sign water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of~ storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted .shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.A~C., as amended). In cases where mOdifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities} this requirement may be. accomplished by so indicating on the.preliminary subdivision plat. A~EI~A ITEM No. DEC 1. 0'2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:32 Community Development and Environmental Services Division Cycle 3, 2003 LDC SECTION: 3.2.8.2.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. RI~ASON: This change is being effectuated to allow the developer flexibility' and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must still be included on the final subdivision plat. The complete calculations used to design the system shall be provided for projects 4t ....... '^~- For projects greater than 40 acres or where the water management syst, !m w~ utmze DEC 1 0'2003 wetlands for water management, the'applicant shall initially pr. ovide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early wo/'k permit or construction permit. AGEI~A ITEM No. DEC 1.0'2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:33 Cycle 3, 2003 LDC SECTION: 3.2.8.2.14. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that .the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to / , save time and effort currently expended by staff. ,FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat,, if the applicant chose to submit a preliminary subdivision plat. and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. AGENDA ITEM No. DEC 1..0'2003 ORIGIN: Community Development and Environmental Services Division ' AUTHOR: Russell Webb DEPARTMENT: Planning Services' AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:34.3 LDC SECTION: 3.2.8.3.8. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. .RI?ASON: This change is being effectuated to allow the developer flexibility and to / ... save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat A~A I'rF.M DEC 1.0'2003 ORIGIN: AUTHOR: DEPARTMENT: Planning Serviges AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:39 .Community DeveloPment and Environmental SerVices Division Russell Webb ' , Cycle 3, 2003 LDC SECTION: 3.2.8.3.19. LDC SUPPLEMENT #: Supplement 11 CHANGE: REASON: 'Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: ,, RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the ~e;'e!cpment ser':ice: fi'2recto~ Transportation Administrator or his designee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public streets. The fieve!cpme:,X ,~ervic~ ~ Transp°rtati°n AdminiStrat~'i°r his d~si~e~ shall accept alternative specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage where a property owners' association or other entity has maintenance ~,~,~[~,~~ 1, 0 2003 shall be approved by the '~ .... ~ .....' .... ;~ ,~;~*,-,-~ Transportation Administrator or his designee. Proposed streets which are in alignment with other existing and named streets sh~ll bear the same name of the existing street. All street names shall haqze a suffix (i.e.., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street flame regardless of the use of the suffix. All street names shall be subject to approval by the '~ .... CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision plat. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the '~ .... ' .....~ ....;~ pOrtat ...... ,. ............... director Trans ion Administrator or his designee. AC..~=JqI~A I~ DEC 10' 2003 ORIGIN: .Wastewater DePartment-Reuse AUTHOR: Rober{ Casey ' DEPARTMENT: Wastewater LDC PAGE:. LDC3:42 LDC SECTION: 3.2.8.3.25. LDC SUPPLEMENT #: Supplement 11 CHANGE: Re-word the section and add language. REASON: addressed. The original language needs clarification and pipe color-coding needs' to be FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Allows for County provided non-potable irrigation service. .~ OTHER NOTES: ' None. Amend the LDC as follows: 3.2.8.3.25. Central a~twater system,--oemmt. A complete water distribution and transmission system to include provision for separate potable water and r-eus~ non-potable irrigation water lines, and interim water treatment ~- :~+~ ..... *~-- ............................. t and supply facilities, if required, shall must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Non-pOtable irrigation lines must be color,Coded according to the Collier County Ordinance and Technical Standards.~.,,..o,,t~ ......... .....,.+~- liner,.. ~"~-"v .... }.o. ....... ~'-'~ ~^*~'~'-.. All internal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of ~ irrigation water are not permitted or available: Ttherefore. the developer will need to provide irrigation water from a source until .... County provided non-potable irrigation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88-76 [Code ch. 134, art. 1II], as amended. AC~E.N~A DEC 1.0'2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:44.2-45 Community Development and Environmental Services Division Cycle 3, 2003' LDC SECTION: 3.2.8.4.7. LDC SUPPLEMENT #: Supplement 13 and 14 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. RI~ ASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: 'RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.4.7. Easements. Utility easements. Utility easements no less than ten feet wide, unless otherwise approved by the development services director pursuant to section 3.2.7.2, shall be provided to accommodate all required utilities to, across, or along lots and, where possible, shall be centered on lot lines with convenient access for maintenance. Utility easements and drainage easements shall not be combined without prior approval of the development services director; drainage easements shall take precedence and be so noted on the final subdivision plat. All utility easements for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District shall be separately identified and dedicated on the final subdivision plat as "County Utility Easement" (C.U.I: a minimum of 15 feet wid~rwise approved by the ) an~lOl~oa olli~County DEC 1 0' 2003 . utility division.' Except when crossing other easements, such easements shall not be inconsistent with other existing utility easements, or later subjected to~ uses inconsistent With the use of the easement area for utility purposes unless othehvise approved by the 'C011ie~: CoUnty utility division pursuant' to the conditions in section 3.2.7.2. ' Drainage easements. Drainage easements shall be provided to. a~commodate open drfii~nage facilities at a width no less than a total of ten febt. The actual size of the easement in excess of the ten-foot minimum shall be determined based on the hydraulic design of the flowway and the use of bank stabilization, approved by the development services director, or minimum side slopes at a four to one ratio, without Stabilization. ' Where underground drainage structures are installed, the easement width shall be siz'ed to accommodate construction, maintenance and replacement of said structures. In no case shall said easement be !ess than 15 feet in .width, unless otherwise approved by the development 'services director pursuant to section 3.2.7.2. When a subdivision or development includes or requires access across canals, watercourses, water bodies, streams, drainageways, channels, naturally occurring wetlands (that are to be preserved), or the like, a drainage easement and adjoining maintenance/access easement shall be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the development services director pursuant to section 3.2.7.2..Maintenance and access easements for the subdivision's or development's approved water management system shall be created and sized in compliance with the rules and regulations of the South Florida Water Management District, as amended. For canals or waterways maintenance/access easement shall be provided in accordance with requirements of the entity with responsibility for maintenance/access. Drainage easements shall be created to provide for the flow of surface waters from contributory areas. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may b Further, the preliminary and final subdivision plats, or only DEC 1 0 2003 . subdivision plat if the applicant chooses not to Submit the optional preliminary_ subdivision plat, shall require that no. al.teration,, including accessory strucfures, fill placement} grading, plant alteration or removal, or similar activity shall be perm~itted within such setback 'are~( without the prior whtten, consent of the development services director; provided, in no event shall these activities be permitted in .such setback area within ten feet of the protected/p.reserve area ......... ;., ....,;^. ~ ,~ o ,~ A Additional regulations regarding preserve setbacks and buffers are located in DiVision 3,9, and shall be apPlicable for all ' preserves, regardless if they are platted or simply identified by recorded conservation eaSement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/Preserve areas shall be identified as separaie tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local~ state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' assoCiation or similar entity with maihtenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. AGENDA ITEM No. DEC 1.0' 2003 ,,,. /"/./ ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:60 Community Development and Environmental Services Division Cycle 3, 2003 LDC SECTION: 3.2.9.1.2. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 3.2.6.3.~5~ The final subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month const~ (unless a written extension re~proved by the development ser ~mes~rector DEC 1,'0'2003 / 'al prior to the expiration of the 18-month construction Period), whether ,the final plat is approved, o, nly or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review at~d approval and executed' by. all 'parties at the time of final plat approval per section 3.2.9.1.3. ' AC~=NDA I'r~Jvi DEC 1,0'.2003 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division LDC3:67 Division 3.3 Supplement 13 Cycle 3, 2003 Adding the School Board Review Process ("SBR") to the site development review process of the LDC. REASON: / / FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. The interlocal agreement between the Collier County School Board and the BCC mandates this change. None. None. None. Amend the LDC as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS* Sec. 3.3.1. Title and citation. This division shall be known and may be cited as the "Collier County Site Development and Site Improvement Plan Code." (Ord. No. 99-6, § 3.H.) *Editor's note: Ord. No. 99-6, § 3.H, adopted Jan. 27, 1999, amended Division 3.3 in its entirety to read as herein set out. See the Land Development Code Comparative Table. Sec. 3.3.2. Purpose. AC-.ENI:)A ITEM No. DEC 0"2003 The intent of this division is 'to insure compliance with the' appropriate land development regulations prior to the issuance ora building permit.. This diVision is further intended to ehsure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth managemefli plan; the layout, arrangement of buildings, architectural design and open spaces; t~he configuration of the traffic circulation System, including driveways, traffic calming devices, parking areas and emergency access; ,the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction 6f Collier County and consideration of natural resources and proposed impacts thereon. ' .. (Ord. No. 99-6, § 3.H.) Sec. 3.3.3. Applicability. ' All development, except as otherwise 'provided herein,~ is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: ~ . 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except ag otherwise provided at section 2.6.27 (cluster development). 2) Underground construction; utilities, .communications and similar underground construction type activities. '. 3) AcceSsory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work hUthorization has been entered into with the county except where a site alteration permit is required by this Code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses.. While the above land use activities shall be exempt from the provisions of division 3.3, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping, tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. (Ord. No. 99-6, § 3.H.; Ord. No. 00-92, § 3.H.) Sec. 3.3.4. Exemptions. AGENDA ITEM No. DEC 1-0'2003 Due to its location or minimal impact on surrounding properties and probable minimal'impacts under the site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning 'services director for agriculturallY related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site ~mprovement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. (Ord. No. 99-6, § 3.H.) , 3.3.4.1. School Board Review ("SBR") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will ,be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. AGENDA ~ No.. DEC 1.0" 2003 The expedited site plan for School Board Review; as referenced in Section 3.3.4.1.o~ th~, Land Development Code, will consist of the following areas of review: 3.3.4.1.1. Collier County. Utilities Standards and Procedures, .Ordinance No. 01 57, as may be amended. In accordance with this Ordinance, the following' requirements must be met: 1. That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") ghhli be conveyed to the Collier County Water/Sewer District prior to thc, issuance of the certificate of occupancy. 2. All water and wastewater systems shall be built in accordance with the, Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply: Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any am'eement necessary to assign the responsibility for the cost of ,upsizing said water and/or wastewater facilities, o The School District Shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities ~h~il require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease, traps. 6. South Florida Water Management District (SFWMD) permits shall bc submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility Review. The County will conduct a Compatibiligt Review that will take into account the Architectural and Site Design Standard,: contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalk~ and pathway connections, lighting, dumpster location and screening and buildings and ancillary facilities. In addition, The Utility Billin~ ¥~zntz.*.!2n of, ~a ~.stome, DEC Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for .the trash collection franehi.~ee to maneuver tracks in and out of the space allowed for the dumpster(S)or compactor(s). With the excePtion rif high school facilities, this ComPatibili_ty Review will be a courtesy review. For high.school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 3.4.4.2. of . the code in the event that the County denies the application based on non compliance with the items listed in this paragraph. 3.3.4.1.3. Landscaping and Buffering. Division 2.4 of the code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment 'to' the: code all0wing.: admihisffative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants: Specifically, the County will recommend flexibility in the regulatiOns for projects where there'%ill be ioint use by the County Department of Parks and Recreation and the School Distric~t. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively, accomplished withOUt meeting the specific development standards. The reasons :for deviations :are- set fOrth.in Section 2.4.3. I~. 1. of the code, but the deeiatioh shall' b~ ~i~ ~h~ ~i'6~at req'~/ii'~d by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: 1. On a site by site basis, County Staff will determine the necessity for an Environmental Impact Statement ("EIS") to be submitted 2. The final SFWMD Environmental Resource Permit and all other o agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. Submission of ProteCted Species Surveys and, if needed, wildlife management plans in accordance with the COde and the GMP in effect ° A site clearing plan must be submitted that shows the native veeetation areas to be preserved and identifies the upland/wetland~ preserve or protected species preserves. Ac, la~,~ rrr~ DEC 1, O, 2003 5. The GMP requires schools to provide a set percentage for nativc, vegetation preservation in the Rural Fringe and the Rural Lands. Thc School Board must comply with'the set percentages of native vegetation preservation. 6. An Exotic Vegetation Removal and Maintenance Plan must 'be submitted and approved prior to final SBR approval. All exotic vegetation shall 'be removed from' the site of .aa Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submiCed prior to a sufficiej~cy determination on a SBR: applicati0n.,!: Fail~e~to,submit the required documentation will result in a determination of insUffiCiency and the formal review process Will not commence until such documentation is received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site plan and i, effect at the time that a SBR Letter of Compliance is requested shall apply. Thu School District shall submit all building information necessary to determine sit_,: requirements including, but not limited to, fire flow requirements and fir, sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that thc, SBR application is sufficient for review. o Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary_, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. .If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record th~; easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy. such easements shall be approved by the BCC and officially recorded. AGENDA I'1'~:]~ No. DEC 10 2003 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as suck are. subject to a Capital ImproVement Element ("CIE") review for a public ficility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accesso~ structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. In 'accordance, with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in coniunction With the determination of the consistency of the site location with the GMP and the code, and will enter into a' written agreement at the preapplication stage, as to the timing and location, and the entiW or entities responsible for the cost, construction, operatiOn and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the partieg will be guided as follows: unless the SchOol District requests otherwise in ~ting and the County determines and agrees -otherWise in; ~ting, The School District shall not be required~t0 pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational. Plant or Ancillary Plant. Off-site improvements include.. but are not necessarily limited to, the widening of adjhCent roadways and the infi'astrucmre relevant to same When necessitated to accommodate buses (if needed); construction of required deceleratiOn rum lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same;and any other improvements determined t° be necessary by Collier County Transportation Services Division and the Public Utilities Division. Turn Lanes. The School District will be responsible for turn lane improvements adiacent to and/or in the vicinity of a site, including the ost and construction of same. Necessary turn lane improvement(s) e. te~ned bY COllie~co~ntyTr~s~'ortationStaff:~hail be in place prior to issuance of the first permanent certificate of occupancy When said mm lane improvement(s), whether left turn lane(s) or fight turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in coniunc: ..... :" ..... improvement(s), as determined by Collier County ransnortat~on DEC 1,0'2003 o o Staff. All turn lane design criteria used shall be in accordonce with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The turn lane queue length determinations shall be in accordance with the criteria/calculations .of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered, to adequately address the turn lane queue length determinations. Sidewalks. As part of the SBR process, the School .Board and .the County,will develop a sidewalk plan which delineates the sidewalk.q that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for l;he development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the. County. The County will be responsible for the timing, cost. construction, and maintenance of such sidewalks. The School District shall be responsible for the costs 'of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of the traffic si~:nal(s). the traffic signal(s) will be turned over to the County, and will then be, operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighborin~ prOverty owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and required by Chapter 316, Florida Statutes. The design of all transportation related improvements shall comply with the minimum standards and any amendments ther{ by the FDOT, and as~required by Chapter 316, Florida StI tute~,~o. DEC 1 0'2003 Any off-site improvements.to be. constructed by the School D'istrict, even though not required by the Couht¥, shall be subject to review by the Collier County' Transportation Staff prior to construction'to assure compliance with County regulations. In' the event the School District proposes to expand an. e~isting school . site, Collier County Transportation Staff ~shall make its recommendations as to improvements required to mitigate,the off-site, .transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. The SBR for School Board proj¢ct~ ' shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 3.3.4.1.' B. The SBR application submittal must be in accordance with Division 3.3. of the code, but only as to those submittal requirements which are consistent with the review criteria set out in Section 3.3.4.1. C. The parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the sCh'ool District shall request a pre-application., meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. 1. The County will review the development proposal for compliance with the Letter of Consistency. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's abili_ty to proceed with any County review that may be required by the code or the interloeal agreement. School Board shall submit the SBR plan for the proposed Educati Ancillary Plant to the County for SBR approval. At least 120 days before commencing construction or site preparation, the )nal plant ill' . AGENDA ITEM DEC 1,0" 2003 1. The' County will have 14 days to determine whether the submittal is , complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. " 2. Once the application package is sufficient, the Gounty shall have 90 days to complete the review and issUe a Letter of Complifince. The 90 days may be extended upon agreement of the County and the School District. Once an affirrrlative decision has been rendered, the School' District may obtain building permits and commence construction. o Failure by the County to issue a Lettel- of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied, and the School District is authorized to l~ursue an appeal, F. Letter of Compliance. After 'the expedited review and the County's determination of compliance' with the terms of the Code and the interlocal agreement, the Planning Services Dii'ector, or his designee, shall 'issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in the Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: 1. The placement of temporary or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the. exception of construction that: a. changes the primary use of a facility; b. includes a stadium; results in a greater than five percent increase in K-12 student capacity; or AC3E. NOA IT~ DEC 10'2003 d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site,, the, School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A-58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporal_ and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities I. SBR and ConsistencF Review Fees. The Cotmty will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. J. Appeals. In the event that the County denies the application based on non compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. The request for appeal shall be filed in writing with the Planning. Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public heating on the appeal and must consider the decision of the Planning Services Director, the, position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the, aooeal hearing. 3.3.4.3. Consistency Review. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be during the aforementioned SBR process. ~. DEC 1, 2003 A. The Consistency Review will be conducted as follows- 1. Prior to the purchase of a '§itc for an Educational or Ancillary Plant, the school district will request a pfc-application meeting with the County. 2. The County will schedule a pre-application meeting with the School ' District within three (3)weeks of a request being' submitted to the County. ~. The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as th6 LDC and fundamental planning and design principles including compatibility with surrounding uses. complimentary pattern of 'development, landscaping and buffeting concems, stormwater management, configuration'of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative'impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is. a permitted use, qonditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine maior issues that may affect site feasibility- a. Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. b. Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. do Critical State Concern and Development Growth Management. Identification of any Area of of Regional Impact. AGENDA ITEM DEC 1' 0 2003 o e. Timing and Impact of Development. Indication of Whether the proposed site is intended for inclusion in the School Board's. capital'plan projection and if so~ identification of th6 year. , f. Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and thb School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will Served the proposed site g. The School Board will identify any flood zone. wellfield, traffic congestion boundary, coastal management boundary_ and high noise contours which relate' to the proposed site. 4. Within 45 days of the submission of the information outlined in Section 3.3.4.3. A 3. of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locationa! criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be, determined during this locational Consistency Review. Letter of Consistency. After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use. conditional use or prohibited use in the zoning district on the site. which shall evidence the County's determination of consistency required by Section 1013.33(11) Florida Statutes. After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP the County and School District will enter into a written agr ..... * ~'~ part of the pre-application process detailed in section 3.3.4. ~' D};~i ~c~A 'i~ DEC 10 2003 the COde, ~is to the timing and location, and the entity or entities responsible for construction, operation .and maintenance of the required improvements. AGEI~A I'l'~c.M No. ORIGIN: Community DeveloPment and Environmental Services , AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE:. Cycle 3, 2003 LDC PAGE: 3:70.1 LDC SECTION: Division 3.3 Site Development Plans LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the reference of Building Height in the appropriate sections of, the Land Development Code to insure that the new requirements in the definitions of building height will be complied with inthe appropriate sections of the LDC. / REASON: / To insure that the actual building height will be presented on all building permit applications and land use permit request the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would insure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from' existing grade to the ridge of the building. This also requires that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than 20 percent of the total floor area, anything beyond that amount would be considered in the computation of the building height. FISCAL & OPERATIONAL IMPACTS: There will be a fiscal impact to developers and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The following information shall be set forth on the coversheet: DEC 1,0'2003 The project title and the name, address and phone number of the firm or agent preparing the plans and the name,' address and telephone number of the property owner. Zoning designation of the subject property. In the event that the property is zoned PUD (Planned Unit Development), the name of the PUD and the number of the ordinance approving the rezone to PUD. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. Bo and/or on a 4. A legal description and the property appraiser's property identification number(s)/folio number(s) for the subject property or properties. The following information shall be set forth on the site development plan separate data sheet used exclusively for that purpose: 1. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: a. Total site acreage. b. Total square footage of impervious area (including all parking areas, drive-aisles, and internal streets) and its percentage of the total site area. c. Total square footage of landscape area/open space and its percentage of the total site area. d. For residential projects, total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. e. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed ratio, required, and floor areas. :'loor area DEC 1. 0'2003 I f. All required and provided'setbacks ~d separations between buildings and structures in matrix form. g. Maximum zoned building height allowed and ac[ual proposed building height as defined in Division 6.3. h.' Zoning and land use of. the subject property and adjacent properties, including properties abutting' an adjacent right-of-way or right-of-way easement. i. North arrow, scale, and date. 3. A parking summary in matrix form~ which shall include: AC3E]~DA I'l'~.ld DEC 10. 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:94 LDC SECTION: 3.5.5.1.3. LDC SUPPLEMENT #: Supplement 13 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. RI~ASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: . RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. 2. If approved by the board during the rezone pr-oe, e~, excavated material in an amount up to ten percent (to a m~ 20,000 cubic yards) of the total volume excavated may be remove~ DEC 1 O, 2003 n. /ql development. Intei~tions to remove material must be clearly stated during the develo, pment's review and approval pracess.~ ' AGENDA ITEId DEC 1 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3,2003 LDC PAGE: LDC3:149 LDC SECTION: 3.12.5.1.2. LDC SUPPLEMENT #: Original text CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. RI~ASON: This change is being effectuated to allow the developer flexibility' and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in division 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the r-oquir-ed preliminary subdivision plat, if the applicant chooses to submit a preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of division 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of division 3.3. - AGENDA I'~d DEC 1 0' 2003 ORIGIN: Community De;~elopment and Environmental Services Division AUTHOR: Russell Webb ' ' DEPARTMENT: Planning Servic.es AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:149 Cycle 3, 2003 LDC SECTION: 3.12.5.2. LDC SUPPLEMENT #: Original text CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3'.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or' site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. DEC 10' 2003 ORIGIN: Community Devel0Pmerlt and Environmental Services Division AUTHOR: Barbara Burgeso~t DEPARTMENT: Environmental Services ", AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction.Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Per the Growth Management Plan, Prohibit construction seaward of the Coastal Construction Control Line, with minor exceptions. Staff al.so provided clarifying language to the exemption section (3.13.7.2) and to the dune restoration permit (3.13.8.2). REASON: Policy 10.4.7 of the Conservation and Coastal Management Element (CCME) requires the County to "Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition Would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system ...... "The BCC has .directed staff to enforce this requirement, which serves to provide greater protection to the County's beaches and dune systems. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will decrease the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances to the committees. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation." OTHER NOTES: Division 3.13 is referenced in the proposed amendment for Sec 2.2.38. should be noted that this amendment will also apply to the Vanderbilt Beach Overlay District. It A~A rr~ DEC 1, 0' 2OO3 Amend the LDC as follows: 'Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, construct permanent structures, remove any beach material or otherwise alter existing ground elevations, drive'any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. The construction or replacement of seawalls or other similar ~ shore hardening elements shall be prohibited seaward of the CCSL. Removal of sea walls shall be required whenever there is demolition on site or new construction occurs on any beachfront parcel that has a seawall. Seawalls shall be removed in accordance with 3.13.8.3. Sec. 3.13.5. Variances. A coastal construction setback line (CCSL) Variance shall not be approved for construction of new structures seaward of the CCSL except where said prohibition would result in no reasonable economic utilization of the property in question, o~ for safety reasons or as otherwise permitted hereinafter. The following CCSL variances may be authorized b~' the Board of County Commissioners. 3.13.5.1 Minor accessory structures such as chickees constructed without flooring or walls and storage boxes. It shall be prohibited to use any construction material that can become dislodged during a storm event, such as but not limited to, brick pavers, stepping stones, and landscape stones. Minor accessory_ structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the beach. All areas seaward of the CCSL, outside the footprint of approved minor structures, shall be kept in their natural condition and/or landscaped, using native vegetation, exclusively. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. DEC 10 2003 3.13.5.4. Activities that are listed under Section 3.13.8 that exceed the standards s.et forth in the CCSL permits, as long Os the requested activity or construction does not create additional negative impacts to the beach Or dune system. ' 3.13.5.5 ReconstrUction shall conform to the provisions 'of.Divisi°n 3.17. of the Land Development Code, in effect at the time of reconstruction. Said reconstruction may require new CCSL variance. See. 3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: . 3.13.7.1. The 'removal of any plant defined as exotic vegetation by county code. 3.13.7.2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code. ~ The. following do not qualify for this exemption: 1) additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing strUcture, 2) replacement of any pervious surface' With a non-pervious surface, or 3) modifications or additions to any dune walkover or deck area. 3.13.7.3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Sec. 3.13.8. Permits. The following activities seaward of the coastal constrUction setback line shall not ret hearing by the board of county commissioners, but shall require a coastal constructi line permit. Such permit shall be reviewed and approved administratively by site de uire a relol~ent DEC 1,0' 2003 ,,. /¢7. review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit aPplication. 3.13.8.1. Construction of a dune walkover or other pervio~s beach access way when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following. criteria have been met. 3.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other nat's:fa! area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. . 3.13.8.2.1. Sand used must be compatible in colOr and grain size to existing sand subject to FI~EP requirements. / 3~/13.8.2.2. Plants utilized shall be 100 percent native coastal species. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. 3.13.8.3. Removal of sea walls. Removal of sea walls on beachfront properties shall require creation/restoration of the dune, in accordance with 3.13.8.2. Such permits shall be required in coniunction with any demolition permit or prior to any approved site plan on beachfront properties. DEC 1 0'2003 November 26, 2003 ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan ~itsingerl AICP, Comprehe. nsiv, e Planning' Don Scott, AICP, Transportation.Planning Phil Tindall, Transportation Planning Carlton Fields~, P.A., Consultants to the County DEPARTMENT': Planning Services Transportation Planning LDC PAGE(S): LDC 3:163 to LDC 3:188 LDC SECTION: Division 3.15 LDC SUPPLEMENT #: Supplement 15 CHANGE: This amendment will implement changes to the Concurrency Management System scheduled for adoption into the Collier Growth Management Plan by the BCC on December 16, 2003. ' REASON: These amendments constitute the 's.ec0nd phase of the BCC directed implementation of a real time "checkbook" Transportation Concurrency Management system which does not rely on capacity improvements to the network beyond the next adopted AnnUal County Budget and Schedule of Capital Improvements following each AUIR. Implementation of Transportation Concurrency Management Areas (TCMA), a Transportation Concurrency Exception Area (TCEA) and a ',fair share" provision within TCMAs are also integral to this concurrency regulatory amendment. FISCAL & OPERATIONAL IMPACTS: This amendment will have no operational impact on the County beyond budget and staffing currently provided for in the FY 04 Tentative County Budget scheduled for adoption by the BCC on September 18, 2003. Annual County Budgets beginning in FY 05 will be required to contain funding for road network operational improvements and capital projects to support final local development orders impacting allocations from the real time declining balance ledger until the next AUIR. Additional funding for capacity and operational improvements may be received by the County through the "Fair Share" provision within TCMAs. RELATED CODES OR REGULATIONS: Article 4. LDC Division 1.7., Article 3 and GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is the land developments regulation which implements the Concurrency Management System of the Growth Management Plan. OTHER NOTES: None. AC=ENDA ITEM No. -- DEC 1,0"2003 November 26, 2003 Amend the LDC as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s) -- Concurrency, F.S. § 163.3180. Sec. 3.15.1. Short title, authority and applicability. . 3.15.1.1. Short title. This division shall be known and may be cited as the "Collier County Adequate Public Facilities Regulations." 3; 15.1.2. Authority. The board of county commissioners of Collier County has the authority to adopt this division pursuant to Article VIII, Section 1 (f), Fla. Const., F.S. § 125.01 et. seq., F.S. § 163.3161 et. seq., F.S. § 163.3161(8), F.S. §§ 163.3177(10)(h) and /F.S. § 163.3202(2)(g), and Rule 9J-5, F.A.C. 3.15.1.3. Applicability. This division shall apply to all development in the total unincorporated area of Collier County, and to all public facilities owned by Collier County in the incorporated or unincorporated areas of Collier County, and to all privately-owned public facilities where the level of service has been established by the county. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, § 3.J.) Sec. 3.15.2. Intent and purpose. 3.15.2.1. Intent. This division is intended to implement and be consistent with the Collier County Growth Management Plan, F.S. § 163.3161 et. seq., and Rule 9J-5, F.A.C., by ensuring that all development in Collier County be served by adequate public facilities. 3.15.2.2. Purpose. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to service development, and (2) by establishing a regulatory program that ensures that each public facility is available to serve development concurrent with when the impacts of development occur on the public facilities. 3.15.2.3. Minimum requirements. The provisions of this division in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.) Sec. 3.15.3. Definitions. ~ eEC November 26, 2003 For the purposes of this division only, the following terms are defined as follows: 3.15.3.1. Annual update and inventory report or A UIR means the county report on public facilities described in section 3.15.6.2. 3.15.3.2. Application for development approval means an application submitted to Collier County requesting the approval'of a development order. 3.15.3.3. Capital drainagefacilities means the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed development to meet the level of service (LOS) for drainage facilities. 3.15.3.4. Capital park facilities means the planning of,'engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. /3.15.3.5. Capital road facilities or capital road improvement means and will include .' transportation planning for, engineering for, fight-of-Way acquisition for, and construction of any project eligible for inclusion as a road project in the road component of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation Work Program. 3.15.3.6 Capital potable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities. 3.15.3.7. Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 3.15.3.8. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. 3.15.3.9. Comprehensive plan means a plan that meets the requirements of F.S. §§ 163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan, where referenced in this division. See, subsection 3.15.3.19. 3.15.3.10. Constrained facilities are those road facilities which have been so designated by action of the board of commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. AGENDA DEC 1, 0' 3 November 26, 2003 3.15.3.10.1.. Physical cons'traints exist when intensive land use development is , immediately adjacont to existing through lanes making road,facility expansion cost prohibitive, or when a road facility has reached the maximtlm through lane standards acceptable to the county. For county mmntmned famht~es, the maximum through lane standard for a road facility will be no greater than six' thrOugh lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state rfiaintained facilities; the maximum through lane standard will be as designated by the Florida Department of Transportation. : ', 3.15.3.10.2. Environmental andpolicy constraints exist when decisions are made not t° expand a road facility based on environmental, historical, archaeological, aesthetic or social impact considerations. Policy constraints are artificial 'barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these.barriers to road facility expansion can change over. time, as needs and community goals change. 3.15.3.11. Deficient road segment means a county 'or itate road segment on.th~ major road network system that is operating below its adopted level of service standard (LOS) as determined by roadway service volumes calcul'ated by the Transportation Division administrator. 3.15.3.11.1. Roadway service volumes shall be ~l~termined based on the methodology contained' in the most recent ~dition of the "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., the Florida Department of Transportation (FDOT) procedures and applications, and the level of service standards set forth in the Capital Improvements and Transportation Elements of the Growth Management Plan. 3.15.3.11.2. In determining the capacity of a county road segment or a state road segment for the purpose of determining whether it is a deficient road segment, the Transportation administrator shall consider: Current roadway facilities including, but not limited to, number of lanes, provision of tum lanes, operation of intersections and number of signals. 2. Capital road improvements under construction. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction before the impacts from the development or phased development accrue to the roadway system. Construction of the required capital improvement at the time of application is included in or--before the tkird first year of either the state~ Florida DOT five- year work program or the first year of the Collier County Schedule of Capital Improvements that follows adoption of the AU1R..~* *~-~_v *;~.....~ ...^c ,~v~" DEC 1 2003 November 26, 2003 / / o The final local development order is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element. 6. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. 3.15.3.12. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.3.13. Development agreement generally has the meaning contemplated in F.S. § 163.3220 et seq., except that any developer contribution agreement approved by the board of county commissioners will also meet the terms of this definition. 3.15.3.14. Development has the meaning given it in F.S. § 380.04. 3.15.3.15. Development order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right- of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, tree removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development, as defined in this division. 3.15.3.16. Final development order means a final local development order or a final DRI development order. 3.15.3.17. Final DR[ development order means a development order, as amended from time to time, adopted by the board of county commissioners of Collier County and approved by the state pursuant to F.S. § 380.06, notice of which is recorded pursuant to F.S. § 380.06(15)(0. 3.15.3.18. Final local development order means for this division only, a final approved subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. AGENDA DEC 1 003 November 26, 2003 3.15.3.19..Growth management plan or GMP means the most recently adopted and , effective comprehensive plan of Collier County, as amende6 from time to time. 3.15.3.20. Land development regulations mean ordi.nances enacted by COllier County pursuant to F.S. § 163.3161 et seq., for the regulation'of development, and includes any zoning, subdivision, building construction, or sign regulations, .or any other regulations controlling the development of land. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service' provided by, or proposed to be provided by, a public facility based on, and .related to, the operational characteristics of the public facility, as adopted in the Collier County growth management plan. LOS will be stated as the capacity per unii of demand for each public facility. 3.15.3.21.1. Lever of service calculations for road facilities means calculations for peak hour traffic on a roadway segment for maximum service volumes at the adopted level of service. Peak hour is calculated as the 100th highest h6ur based on a 10 month period (omitting February and March) which is generally equivalent to the 250th highest hour for a 12-month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.21.2. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis. Trips generated fi.om proposed Developments will be added to the trips approved to date and the existing traffic counts to,see if there is available capacity for the Development to be approved as proposed Development plans are submitted.' 3.15.3.22. LOS for capitat'drainagefacilities varies among 1) new or existing capital drainage facilities owned or operated by a local government or other public entity, 2) existing capital drainage facilities owned or operated by private persons, and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that are in existence on the effective date of this division and for those new capital drainage facilities owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm return frequency event) in the Collier County Water Management Master Plan. For new capital drainage facilities owned or operated by private persons, the LOS is identified in the drainage sub-element and capital improvement element policy 1.1.5.A.3 (present requirements are a 25-year, three-day storm event) and is based on those standards and requirements for renewal and approval of drainage and stormwater management plans established in the Collier County Water Management Policy Ordinance No. 74-50, as amended and Ordinance No. 90-10 which are incorporated herein by reference. 3.15.3.23. regional park land; 1.2882 acres per 1,000 persons for community park land; and of capital investment per capita (at current cost) for recreational facilities. LOS for capitalparkfacilities means 2.9412 acres per 1,000 persons for DEC 1.0" 200 November 26, 2003 3.15.3.24. LOS for capital potable water facilities varies between public water systems andprivate water systems. For the Collier County Water and Sewer District the LOS is 185 gallons per capita per day (GPCD). For the Goodland water district the LOS is 163 GPCD. For the City of Naples unincorporated service area the LOS is 163 GPCD. For the Everglades City unincorporated service area the LOS is 163 GPCD. For independent districts and private potable water systems the LOS is the "se, wage" flow design standards as identified in Policy 1.3.1 of the Potable Water Sub-Element of the GroWth Management Plan, except that approved private wells are exempt from these LOS requirements. 3.15.3.25. LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan. 3.15.3.26. LOS for capital sanitary sewer facilities varies between public sanitary sewer systems andprivate sanitary sewer systems. The LOS for the'North Sewer Area is 145 gallons per capita per day (GPCD). The LOS for the South Sewer Area is 100 gallons per ,/capita per day (GPCD). The LOS for the City of Naples unincorporated sewer service / area is 121 gallons per capita per day (GPCD). The LOS for independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub-element of the Growth Management Plan, as required by the State of Florida in Chapter 10-D-6, F.A.C. Approved private septic systems are exempt from LOS requirements. 3.15.3.27. LOS for capital solid waste disposal facilities is two years of constructed lined cell capacity at the average disposal rate for the previous five years, and ten years of permittable landfill capacity at the average disposal rate for the previous five years. 3.15.3.28. Major road network system means those roads depicted in the Transportation Element of the Collier County Growth Management Plan. 3.15.3.29. Peak hour for transportation concurrency determination means the 100th highest hour on a roadway segment, omitting February and March data, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the current edition of the Transportation Research Board Highway Capacity Manual and the procedures and applications from the Florida Department of Transportation which is generally equivalent to the 250th highest hour for a 12-month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.30. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. AGE. NI:)A ITE]vl No. 0' 2003 November 26, 2003 3.15.3.31.. Proportionate' s'hare payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations Or other non- automotive transportatiorl alternatives. Proportionate shar6 payments ma'y be used to mitigate the impacts of a development on a constrained or deficient roadway hnk by more than a de minimis amount within.a Transportation COncurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane iniles are operating at or above the adopted LOS standards consistent with Policies 5,.8 and 5.9 of the Comprehensive Plan Transportation Element:. However, no impact will be de minimis if it exceeds the adopted level-of-service standard ~of any affected desig-nated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remainin'g LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed proiect within a TCMA and do not influence the concurrency determination process. 3.15.3.31.1. The proportionate share of the cost of imlbrovements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportiona/:e share Proiect trips = cumulative numbei"of, the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-Of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction Of the improvement. 3.15.3.31.2. The cost for a constrained roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. 3.15.3.34-32. Public facilities mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are also known as Category "A" public facilities under Policy 1.1.1. of the Capital Improvement Element of the comprehensive plan. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.; Ord. No. 03-01 D /t O 2003 November 26, 2003 / Sec. 3.1514. Reserved. , (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. Not 99-6, § 3.1.; Ord. No. 03-01, § .3.J.) Sec. 3.15.5. Establishment of management and monitoring program and i'egulatory program: the annual update and inventory report (AU[R), Transportation Concurrency Management System, CIE amendments, and annual budget., In order to implement the mandate of the Collier County Growth Management Plan to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available to accommodate development in Collier County concurrent with when the impacts of development occur on such public facilities, the board of county commissioners establishes, pursuant to the terms of this division, (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility herein after referred to as the AUIR, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, '§ 3.J.) Sec. 3.15.6. Management and monitoring program. 3.15.6.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on such public facilities, the county shall establish the following management and monitoring practices. Their purpose is to evaluate and coordinate the timing, provision, and funding of potable water, sanitary sewer, solid waste, drainage, park and road public facilities (1) to ensure adequate planning and funding to maintain the LOS for the public facilities, and (2) to evaluate the capacity of the public facilities for use in the regulatory program to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the development concurrent with when the impacts of that development occur. 3.15.6.2. Annual update and inventory report on public facilities (A UIR). The community development and environmental services division administrator shall complete an annual update and inventory report on public facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years, and identify new projects needed to maintain adopted LOS. The forecasts shall be based on the most recently update schedule of capital improvements (public facilities) for each public facility. The A J AC.-mF.I~I:)A I'1T=144 JIR No._ . DEC 1.0k 2003 November 26, 2003 shall be based on the most recent, bureau of economic and business research (BEBR) population projections, updated public facility inventories, u. pdated unit costs and revenue projections, and analysis of the most recent traffic co, unt data. 3.15.6.2.1. Annual determination of adequate "Category A " public facillties (concurrency). The community development and environmental services division administrator will annually present the AUIR report to the board of county commissioners identifying deficiencies or potential deficierlcies in "Category A" public facilities and remedial action options including, but not limited to, the following: Establishment of areas of significant influence (ASI's); , i Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; Approval of new or increased revenue sources for needed public facility projects by the board of county commissioners, the state legislature or the county voters. Private development improvements guaranteed by an enforceable development agreement. For capital road facilities only, designation of a constrained roadway segment. 3.15.6.2.2. The findings of the AUIR, once approved by the board of county commissioners, will form the basis for the preparation of the next annual update and amendment of the CIE and the annual determination of deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years. ~ ~The board of county commissioners shall provide direction to update and amend the CIE to include projects and revenues (within the first t-hr-ce years for roads) needed to maintain adopted LOS._ fzr "Category A" facilities, as identified in the AUIR, shall constitute a finding of concurrent "Category A" facilities, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. A C-.-.-~ A I'r~I~ No. DEC 1 O2003 November 26, 2003 3.15.6.2.3. 'In addition to identifying needed capacity expansion projects and revenues . for inclusion in the next CIE update, the road facilities component of the AUIR will include an audit a~nd update of the capacity b.alan, ces in the Transportation Concurrency Management System database._ ~,.^ ....... ,. ~,~,,.~.,~ ~,.~ ....... ~,~,,.~..,~ ~n~;~,,~.~ The update shall factoring in all such development approvals~since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in th~ financially feasible Schedule of Capital Improvements of the CIE~,, ~' ...... ~,.v..~ ~,~e,...~..,~.~ The AUIR shall be the annual baseline of an ongoing, real-.time concurrency determination for roads. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior year's AUIR analysis, the community development and environmental services division administrator shall recommend to the Collier County Planning Commission and the board of county commissioners an annual update and amendment to the CIE as part of the annual growth management plan amendment cycle. The recommendation will include the proposed public facilities needed to maintain adopted LOS standards as well as recommendations for the annual budget as to needed, projects and suggested funding sources. 3.15.6.4. Designation of deficient or constrained ~'oadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4.1. Regulation of growth along roadway segments designated constrained. Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occur in the event the roadway is determined to be operating below the level-of-service standard for that road facility. Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), C--c_onstrained roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume of ten percent above the service volume at the adopted level-of-service standard. 3.15.6.4.2. Regulation of growth along deficient roadway segment(s). Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), ~ n__0_o trips shall be allotted under a certificate of public facility adequacy for development that directly accesses and generates more than a de minimis (de minimis impact is defined as traffic impact oft~ss t~ one percent or less of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subsection 3.15.6.4.7._.&. of this Code, below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S. 41 Transportation.. Concurrency Exception Area (TCEA) is designated. Development located w~th~n the South U.S. 41 TCEA (Map TR-4) shall be exempt from transl~oSat~oll~ November 26, 2003 concurrency requirements, so long as..impacts to the transportation system are mitigated using the procedures below. 3.15.6.4.3.1. Any proposed development within the Concurrency exception area that' would reduce the LOS on Florida Intrastate Highway System (IqHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within the concurrency exceptio~ area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the reqUirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J~- 5.0055(3)(c)1-7, F.A.C. , 3.15.6.4.3.3. Developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Division that at least four of the following Transportation Demand Management (TDM) strategies will be utilized: aa.) , Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development . ~ trips trips Parking charge that is expected to increase the average vehicle occupancy for work generated by the development and/or increase transit ridership. Cash subsidy that is expected to increase the average vehicle occupancy for work generated by the development and/or increase transit ridership. trips Flexible work schedules that are expected to reduce peak hour automobile work generated by the development e) Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development fl Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h__) Bicycle and Pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and a ~ subiect to a concurrency review for the purpose of reserving capacity for those tr ~s AGENDA ITEM No. 2003 n. November 26, 2003 associated with the develoPme'nt and maintaining accurate accounts of the remaining , capacity on the roadway network. Concurrency analysis 'will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of thi's code. An applicant seeking an exceptio, n from con'currency requirements for transportation through the certificationmentioned above shall submit an application tO the Transportation Division Administrator on forms provided by the Division. Bin~ling commitments to. utilize any of the above techniques relied upon to obtain certification shall be required as a condition of developmer~t approval.. 3.15.6.4.4. Transportation Concurrency Management Areas Designated. Pursuar~t to Transportation element Policy 5.7 of the GMP, the following Transportation Concurrency Management Areas are designated: 3.15.6.4.4.1 Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; 'the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5).. , 3.15.6.4..4.2: East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and. Livingston Road (extended) on the west side (Map TR-6) with the excepti6n of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5. Concurrency Standard for TCMA. To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standard.q indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficient roadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS). yet continue to maintain the established percentage of lanes miles indicated in subsection 3.15.6.4.5. above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: 3.15.6.4.6.1. Proportionate share payments shall be calculated using the formula established in Subsection 3.15.3.31.1. The facility cost for a constrained roadway link shall be established using a typical "lane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility. 3.15.6.4.6.2. Proportionate share payments shall be utilized by Collier County to ac capacity and enhance traffic operations that increase capacity within the impacted tr~pAC, EllDA I'~ No. 2003 November 26, 2003 TCMA and/or to enhance mass transit Or other non-automotive transportation alternatives that reduce vehicle trips 'within the Transportation Concurrency Management Area. 3.1 5.6.4.6.3. However, no impact will be de minimis if it exceeds the adopted level-of- service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on MaP TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payrnent provided the remaining LOS requirements of the TCMA are maintained. 3.1 5.6.4.437. Significance test. Impact for traffic impact analysis purposes fox~ a proposed' development project will be cbnsidered significant:. ' On those roadway segments directly a~cessed by the project where project traffic is equal to or greater than three' percent of the adopted LOS standard service volume; For those roadway segments immediately' adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to three percent of the adopted LOS standard service volume; or For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. This significance test is applicable to projects inside and outside TCEA~ and TCMAs. 3.15.6.5. Establishment of area(s) of significant influence (ASI) for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, then the community development and environmental services division administrator, in conjunction with the transportation services administrator, may propose to establish one or more areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the transportation services administrator: AGENDA NO. , 2003 November 26, 2003 3.15.6.5.2.. Review and approval of ASI by board of county commissioners, After receipt of the proposed boundaries of a potential ASI from the trmasportation services division administrator, the board o~' county commissioners, shall hold public heatings noticed subsection 2.7.2.3.4. of this Code~ After final pursuant to the requirements of) ' ' ' consideration of the proposal and public comment, the board may approve the designation of an ASI, (including a map of the impacted roadway segmehts), with or without modifications, or determine that competent substantial evidence has been placed . on the record to s'hogv, that the road segment is not.deficient and find that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective, upon adoption by the board of county commissioners. , 3.15.6.5.3. Map of areas of significant influence (ASI). A map showing the deficient roadway segment(s) within each ASI established by the board of county commissioners shall be kept in the community development and environmental services divigion and the office of the clerk to the board of county commissioners for review and inspection' by the public during normal business hours. ' 3.15.6.5.4. Duration. of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the board ofc0unty commissioners, they are valid for one year, unless dissolved by the board of county commissioners or modified in a subsequent AUIR update. 3.15.6.5.5. Interim development controls on ASI roadway segments. No final local development order for development directly accessing 'deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact,,,~,.,~.~ *",,, ,,."~ greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on an existing lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. 3.15.6.5.6. Dissolution of area of significant influence (ASI). The area of significant influence (ASI) established for a deficient road segment may be dissolved in the same manner in which it was established under subsection 3.15.6.5.2. of this code by the board of county commissioners. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. N°. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the transportation concurrency management system. 3.15.7.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject AC3ENDA ITEM November 26, 2003 to concurrency regulation are issued unless adequate public facilities are available to , serve the proposed development. , ' , 3.15.7.2. Exemptions. The following development orders and development shall be exempt from the terms of this division: ' 3.15.7.2.1. All Valid, unexpired final development ofregi0nal impact (DRI) development orders which were iisued prior to adoption of the' Collier County Growth Management Plan on January 10, 1989, except where: . 3.15.7.2.1.1. Development conditions or stipulations applica,ble to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; 3.15.7.2.1.2. Substantial deviations are sought for a DRI development order,' and then, this division shall apply only to those portions of the development for which the deviation is sought; 3.15.7.2.1.3. The county can demonstrate pursuant to F.S. § 380.06, that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on.s. ubstantially inaccurate information provided by the developer or that the application of this division to the development order is clearly established to be essential to the public health, safety and welfare; or 3.15.7.2.1.4. The new requirements would not so ,change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order, 3.15.7.2.2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. 3.15.7.2.3. Temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.4. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the growth management plan. 3.15.7.2.5. Temporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.6. Developments that claim vested status from the growth management plan adopted January 10, 1989 and its implementing regulations, and properly obtains, a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: DEC 003 November 26, 2003 3.15.7.2.6.1. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the community development and environmental services .division administrator. An application fee in an amount to be determined by the board of county commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.6.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.6.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.6.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 3.15.7.2.6.7. of this Code. 3.15.7.2.6.2. Determination of completeness. After receipt of an application for determination of vested rights for a certificate of public facility adequacy, the community development and environmental services division administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the community development and environmental services division administrator shall notify the applicant in writing of the deficiencies. The community development and environmental services division administrator shall take no further steps to process the application until the deficiencies have been remedied. 3.15.7.2.6.3. Review and determination or recommendation by community development and environmental services division administrator and the county attorney. After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the community development and environmental services division administrator and the county attorney shall review and evaluate the application in light of all of the criteria in subsection 3.15.7.2.6.7. Based on the review and evaluation, the community development and environmental services division administrator and the county attorney shall prepare a written recommendation to the heating officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 3.15.7.2.6.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the community development and environmental services division administrator and the county attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested fights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 3.15.7.2.6.4., 3.15.7.2.6.5. and 3.15.7.2.6.6. However, any such stipulated determination shall be in writing, signed by the community development and environmental services division administrator, the county attorney and the owner, and shall include findings of fact based on the criteria established in subsection 3.15.7.2.6.7, conclusions of law for such criteria, and the determinat on AGENDA No. DEC 1 2003 November 26, 2003 granting or granting with 'c~)nditions, in whole or in. part, the vested fights for ~adequate, public facilities.. , ' ~ 3.15.7.2.6.4. Rdview and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the heating officer of the application for determination of vested fights for a certificate of public facility adequacy and the written recommendation of the community devel0pment and environmental services division, administrator and the county .attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the heating officer shall take evidence and sworn testimony in regard to the criteria set forth in subsection 3.15.7.2.6.7. of this Code, and shall follow the rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b)i ofily to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established, for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031,' F.A.C. except as expressly set forth herein. The parties before the hearing officer shall.include the county, the owner or applicant, and the public. 'Tegtimony shall be limited to .the matters directly relating to the standards set forth in section 3.15.7.2.6.7. of this Code The county attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property ~md its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order ofpresentati'0n before the heating officer at the public heating shall be as foll,0ws: 1) the county's summary of the application, written recommendation, witnesSes and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) coonty rebuttal, if any; and 5) applicant rebuttal, if any. 3.15.7.2.6.5. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 3.15.7.2.6.4. of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the community development and environmental services division administrator and the county attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 3.15.7.2.6.7. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in subsection 3.15.7.2.6.7. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.6.6. Appeal to the board of county commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the county attorney, the community development and environmental services division administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequ tcy o~GENDA ITEM 2003 November 26, 2003 the hearing officer to the board of cou. nty commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the board of county commissioners from time to time and shall be.charged to and paid by the owner or its authorized agent. The board of county commissioners shall adopt the hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The board of county commissioners shall not be authorized to modify or reject the hearing officer's determination ofvesfed rights for a certificate of public facility adequacy unless the board of county commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the heating officer's public hearing or that the heating officer's ' determination of vested fights for a certificate of public facility adequacy is contrary to the criteria established in subsection 3.15.7.2.6.7. of this Code. 3.15.7.2.6.7. Criteria for vested rights. This section is intended to strictly adhere to and implement existing case law as it relates to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent With development (concurrency), / and related matters. It is the express intent of Collier County to require application of the probisions of this division to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory !aw, particularly F.S. § 163.3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this subsection. It is intended that each case be decided on a case-by-case factual analysis. An owner shall be entitled to a positive determination of vested rights for a certificate of public facility adequacy only if he demonstrates by substantial competent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this division based on the provisions of F.S. § 163.3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. 3.15.7.2.6.8. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within two years after the issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 3.15.7.2.6., or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 3.15.7.2.6., and such development pursuant to a final development order, final subdivision plat, final site~an, final subdivision master lan, (:~IrGENDA ITE. M No. 2003 November 26, 2003 planned unit development master plan is continuing in good faith. The aforementioned, two-year time limitation on the determination of vested fights for a certificate of public facility adequacy shall be stayed during any tim, e periods Within which cOmmencement of construction pursUant to a final development or~er, ,final subdivision plat, or final site development plan is prohibited or deferred by the county' solely as a result of lack of adequate public facilities to serve the property, pursuant to this divisionl ~ 3.15.7.3. Certificat'e, of public facility adequac?. ' , 3.15.7.3.1. General. 3.15.7.3.1.1. A certificate'of public facility adequacy shall fie issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to subsection 3.15.7'.3.1.5., and such funds will be immediately available for appropriation to implement capital road facility improvements. Impact fees for all other Categbry "A" capital improvements will be paid at the time of issuance of bUilding permits at the rate then currently applicable. AGENDA I'l'~G NO. 1:'0' 2003 November 26, 2003 3.15.7.3. i .2.1. Annual mid year Traffic/PUD Monitoring Report. On [the effective date PUDs which is are less than 90 percent built-out, must .annually ~y :Ia-v,~a0g0-submit a report detailing its progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established Dy the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resUlting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days pass due will result in the suspension of final local development order issuance with the PUD pending receipt of the Report. 3.15.7.3.1.3. Where the proposed development has been issued final subdivision plat 'approval or final site development plan approval prior to the effective date of this division, i.e., on or about November 3, 1.993; a certificate of Public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. 3.15.7.3.1.4. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this division's amendment], and which elect to come under the provisions of this division may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this division's amendment] shall be refundable upon written request to the community development and environmental services division administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to the [effective date of this division's amendment] in accordance with the applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the finance director, clerk of courts. 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a.~.~.~'-~; c.~,~.....~...~ ...~c ~.a.~;~.v..~....~ --.~---..,c~;~;"" ...-.~-~.~.,~'~ ........ final local development order has been approved and a certificate issued,~icant may pick up the certificate u November 26, 2003 payment of one-half (50 percent), of the estimated transportation impact fees due. Such estimates shall be based on the currehtly approved'transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for' residential development will be'estimated using the fee based on the mid-range housing size, unless the residential use qualifies .as affordable housi ,ng. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously Vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to ' the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The certificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested development that opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. However, the certificate of public facility adequacy runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlemel ~ November 26, 2003 3.15.7.3.2.' Rules of general applicability for certificate of public facility adequacy. , Certificates of public adequacy issued for roads under subsection 3.15.7.3.1.1 of this Code subsequent~ to the [effective date of this di,vision's amendment] will mn in perpetuity provided provisions of subsection .3.15.7.3.1.5 of this Code are met and that annual mid-year monitoring reports are filed which cOmply with subsection 3.15.7.3.1.2.1 of this Code and all developer requirements established during zoning o3 as part.of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. 3.15.7.3.2.1. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local de, velopment order subject to subsection 3.15.7.3.1.1. of this Code. 3.15.7.3.2.2. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the .applicant on the development for which a final local. development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to subsection 3.15.7.3.1.5 ofthis Code finally determined by the impact fee coordinator. One-half (50 percent) of the estimated payment will be due at the time of notification of approval of the final local development order and will be deposited into the. .applicable impact fee trust fund and will be immediately available for appropriation by the board of county commissioners for transportation capital improvements. Final calculation of impact fees due will b_.~e based on the intensity of develOpment actually permitted for construction and the impact fee schedule in effect at the time of the issuance of building permit(s); such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in subsection 3.15.7.3.1.1. of this Code. 3.15.7.3.2.3. Consolidated application. A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this division. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in subsection 3.15.7.3.1.5. of this Code. 3.15.7.3.2.4. Assignability and transferability. An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along witl~ a AGENDA ITIEJVl No. '2003 November 26, 2003 written request to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. . 3.15.7.3.2.5. Expiration. A certificate of public facility adequacy for "Category A" facilities, except roads, shall expire three years from the date of its approval except to the' extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in subsection 3.15.7.3.1.1. of this Code, refund of impact fees, except for certificates issued pursuant to subsection 3.15.7.3.1.1. of'this Code, will be subject to the provisions of the consolidated impact fee trust fund ordinance. The expiration date of a re-issued certificate re-allocating capacity to different lots or parcels in the same development will relate back to, and be calculated from, the original certificate's date of issuance.' 3.15.7.3.2.5.1. For large developments as indicated below, a five year certificate of public facility adequacy for "Category A" facilities, except roads, may be obtained provided the developer enters into an enforceable development agreement with the county. Developments comprised of more than 500 residential dwelling units, or a phased incrbment of development comprised of more than 150 residential dwelling units, or a commercial/industrial development of more than 100,000 square feet of gross leasable area is considered to be a large development. A certificate of public facility adequacy for a large development shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code. 3.15.7.3.2.6. Effect. Issuance of a certificate of public facility adequacy shall demonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for development approved in a development order for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for development approval shall require a new certificate of public facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a certificate of public facility adequacy for subsequent or continuing development once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed. 3.15.7.3.3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the board of county commissioners, any applicant shall enter into an enforceable development agreement with Collier County pursuant to the provisions of F.S. §§ 163.3220 -- 163.3242 or other agreement acceptable to e AoF_~Arr~ 2003 November 26, 2003 board of county commissioners, in conjunction with.the approval of a development order and/or a certificate o~'public facility adeqUacy. The e'ffect of, the development agreement shall be to bind tke parties pursuant to the terms and conditions of the development agreement and the certificate of public faCility adequacy in Order to insure that adequate public facilities are available to serVe the proposed devel'opment concurrent with when the impacts of the development occur on the public facilities. 3.15.7.3.4. Procedure for review of application.: ' 3.15.7.3.4.1. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the community development and environmental services division administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provide, d for under subsection 3.15.7.3.1.1. 'All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit along with final payment for any impact fees owed, including any road. impact fees. Application. fees in an amount to be determined by the board of county commissioners shall accompany and be part of the applications.' 3.15.7.3.4.2. Application contents. The form and contents for the applicatio'n for public facility adequacy, except for the road component', shall be established by the Community development and environmental services division administrator. In all cases, the applicant shall provide a facsimile number at which communications and notifications from the county to the applicant may be sent. The form and contents for the application for public facility adequacy for the roadway compone'nt shall be established, by the transportation services division administrator. Complete applications in their entirety are necessary to allow proper and adequate review by both the community development and environmental services division and the transportation services division. The form and contents for applications shall be published and made available to the general public. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the community development and environmental services division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the transportation services division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the community development and environmental services division administrator and transportation services division administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant specifying the deficiencies. The community development and environmental services division administrator and transportation services division administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the application is determined t( be 2 003 November 26, 2003 complete, the community development and environmental services division administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in subsection 3.15.7.3.5. of this Code. The transportation services administrator shall review and grant, or deny a certificate of public facility adequacy for roads Within 20 business days after the application is determined to be complete, subj'ect to the approval of the final development order. 3.15.7.3.4.4. Appeal of public facilities determination. Within 30 days afl/er issuance of the determination of the community development and environmental services division administrator and/or the transportation services division administrator on the application for a certificate of public facility adequacy, the applicant may appeal the determination of to the Collier County Board of County Commissioners. A fee for the application and processing on an appeal shall be established at a rate set by the board of county commissioners from time t° time and shall be charged to and Paid by the applicant for a ' third party evaluation. The third party shall be an outside consultant who has been previously approved by the county for the purpose of providing independent review and recommendations on public facility adequacy determinations. The board of county commissioners shall hold a hearing on the appeal and shall consider the determination' of the community development and environmental services division administrator and the transportation services division administrator, independent third party testimony and public testimony in light of all the criteria set forth in subsection 3.15.7.3.5. The board of county commissioners shall adopt the community development and environmental services division administrator's and the transportation services division administratOr's determination on the application for a certificate of public facility adequacy with or without modifications or conditions, or reject the community development and environmental services division administrator's and the transportation services division administrator's determination. The board of county commissioners shall not be authorized to modify or reject the community development and environmental services division administrator's and the transportation services division administrator's determination unless the board of county commissioners finds that the determination is not supported by substantial competent evidence or that the community development and environmental services division administrator's and the transportation services division administrator's determination is contrary to the criteria established in subsection 3.15.7.3.5 of this code. The decision of the board of county commissioners shall include findings of fact for each of the criteria. 3.15.7.3.4.5. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the community development and environmental services division administrator or his designee and the transportation services division administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, one-half (50 percent) of the estimated transportation impact fees shall be paid. If the applicant does not pick up the certificate and pay all applicable transportation impact fees within 90 days of notification by facsimile, the certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new certificate. All Collier County impact fe~, ,~,~ AtlEnOA DEC O' 2003 November 26, 2003 due and payable at building permit issuance based on the applicable rate structure at that time. ' 3.15.7.3.5. Standards for review ofapplieat~'on. The folloWing standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the applicatioh shall fulfill the standards 'for each pu~blic facility component (potable water, sanitary sewer,, solid waste, drainage, parks and roads). 3.15.7.3.5.1. Potable water facilities. 3.15.7.3.5.1.1. The potable water component shall be gr'anted if any of the following conditions are met: 3.15.7.3.5.1.1.1. The required public facilities are in place at the time a final §itc development plan, final subdivision plat or building.pe ,rmit .is issued. 3.15.7.3.5'.1.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building.permit is issued. 3.15.7.3.5.1.1.3. The required public facilities ar.e. guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1 and 3.15.7.3.5.1.1.2 of this Code. ~. 3.15.7.3.5.2. Sanitary sewer facilities. 3.15.7.3.5.2.1. The sanita~ sewer component shall be granted if any of the following conditions are met: 3.15.7.3.5.2.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building perm!t is issued. 3.15.7.3.5.2.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.2.1.1. and 3.15.7.3.5.2.1.2. 3.15.7.3.5.3. Solid waste facilities. 3.15.7.3.5.3.1. The solid waste component shall be granted if any of the following conditions are met: 3.15.7.3.5.3.1.1. The required pubic facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. AGENDA ITEM No. DEC 1, 0' 2003 November 26, 2003 ,~ 3.15.7.3.5.3.1.2. Th6 required public facilities are finder c0n,struction at the time a final site development glan, final subdivision plat or building permit is issued. 3.15.7.3.5.3.1.3. The required public facilities are guarafiteed in an enforceable development agreement that includes the provisions of subsections 3.15.7,3.5.3.1,1 and 3.15.7.3.5.3.1.2. , 3.15.7.3.5.4. Drainage facilities. The drainage component ~hall be granted if the proposed development has a drainage and water management plan that has been approved by the environmental services division that meets the LO.S for, capital drainage facilities defined in subsection 3.15.3.26 of this Code. 3.15.7.3.5.5. Park a, nd recreation fac'ilities. 3.15.7.3.5.5.1. The parks and recreation component ~sha, ll be.granted if any of the following .conditions are met: 3.15.7.3.5.5.1.1. The'required public facilities are ~in place at the time a final site development plan, final subdivision plat or build!ng permit is issued. 3.15.7.3.5.5.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.5.1.3. The required public facilities are ,the' subject of a binding contract executed for the construction of those public facilities, which provides for th6 commencement of actual construction within one year of issuance of a final site development plan, final subdivision plat or a building permit. 3.15.7.3.5.5.1.4. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.5.1.1, 3.15.7.3.5.5.1.2 and 3.15.7.3.5.5.1.3. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the transportation impact statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. 3.15.7.3.5.6.2. Development within designated area of significant influence (ASI). For development within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated the proposed development will not make the potentially deficient road segment wi' DEC }'2003 November 26, 2003 ASIa deficient road segment. In the instance where the proposed development will ' create a deficient road segment, a certificate of public facility.adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. ~ Sec. 3.15.8. Resen, ed. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) AGENDA I~..Jd DEC, 1. O' 2003 ORIGIN: Community De'v'elopment & Environmental services Division AUTHOR: Joy? Ernst, Ross Gochenaur ~ , DEPARTMENT: Planning Services LDC PAGE(S): LDC6:66-67 LDC SECTION: Division 6.3 Definitions: yard, front LDC SUPPLEMENT #: Supplement 15 ~ CHANGE: Consolidate information on setbacks (required yards) for E (Estates) zoning. REASON: Information regarding setbacks for comer lots in the Estates zoning district is currently located in this division under the definition, of"yard, front" as well as.in Section 2.2.3. The proposed change consolidates the information under the section dealing with the Estates zoning district, and cross-references that section under the definition. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDo. Section 2.2.3. (Estates) district (E) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Yard, front: The required open space extending across the entire width of the lot between the front building line and street fight-of-way line. Where double-frontage lots exist, the required front yard Shall be provided on both streets except as otherwise provided for herein. Where comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth frOnt yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) skall net may be reduced to ~ 50 percent of the full front yard setback requirement for that district, exclusive of an3 fight-of-way or road right-of-way easement. For setbacks for E (estates) road ionin~0r. NOA r~ No. DEC 10' 2008 ORIGIN: AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC 6: thru 6: Community Dei, elopment and Environmental Services Division LDC SECTION: Division 6.3 Definitions CHANGE: Revise language to definition of Guest House or Cottage and Kitchen, Primary and add language to define Cabana, Guest QUarters/Guest Suites and Kitchen, Secondary. REASON: The definitions for these terms need to b,e revised and/or added, to the LDC' Definitions Section to clarify and support application of the LDC. FISCAL & OPERATIONAL IMPACTS: RELATED CODES Supplemental, District, section of the code. OR REGULATIONS: R'ecommending amendment to Division 2.6, Secondary Kitchen regulations' to further support application of this GROWTH MANAGEMENT PLAN IMPACT: NOne Amend the LDC as follows: Cabana: An accessory structure providing facilities, not to be used for living quarters. shelter for recreational use with or without toilet Guest House or Cottage: An accessory dwelling unitstmcture which---e,-,"; c ....... ~ ~ is attached to or detached ~om, a principal dwelling located on the sine residential pmce] ~d which an accessow dwelling se~es as an ancill~ use providing living qua~ers for the occup~ts of the principal dwelling, their tempor~ guests or ~eir domestic employees, and which may contain kitchen facilities, whic~ ,~ :0 ;,,,~.v~,~, ....... dwelling. Guesthouses or cottages are not pe~itted in development that is receiving ~ ~DB. (See section[s] 2.6.14 ~d 2.7.7.) DEC 1. 0' 2003 n.. Guest Quarters/Guest Suites: An attached or detached room or suite, which could be u~ed as a temporary sleeping accommodationl which is integrated as part of the principal use of the property and may contain running water as long as it is not configured or of a size that may 'accommodate a kitchen. , Kitchen, Primary: A room in a principal dwelling which is used, designed and intended for the preparation and cooking o__f food, often where meals .are also eaten. Kitchen, Secondary: A kitchen, accessory_ in function to the primary kitchen, located within and only accessible through the principal dwelling unit. DEC 1,0' 2003 ORIGIN: AUTHOR: Community Development and Environmental Services Robin Meyer, Current Planning , DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE:, Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the definition of building ~height, to include a definition for 'Actual Building Height, clarify the definition of Zoning Height of a building and add the definition of grade to the Zoning Code that is consistent with the definition in the Building Code. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA or Base Flood Elevations (BFE), this raises the starting point for building height measurement as much as 17 feet above National Geodetic Vertical Datum or approximately 8 to 10 feet from existing grade along the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, The Base Flood Elevation does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit request the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would insure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than 20 percent of the total floor area, DEC 1, 0' 2003 n. o?3o2 GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. ' Amend the LDC as follows: DIVISION 6.3 DEFINITIONS Building, Zoned height of: The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height, limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended) and, if nec.essary, FDEP requirements for minimum habitable first floor structural support T-c-~+~,~+ .... ; ....... ~ ,,c+,.~ ~..,;~ ..... ~.~, ,, ............................................... o .... ~ .... p recreational space and accessory facilities ~e also exempted from the limitations established for measuring the height of buildings. Grade: A reference plane representing the average of finished ground level adioining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. A~E. NDA I'I'~M No. DEC 1r'0' 2003 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning , DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT #: Supplement 11 CHANGE: Changing the definition of building height, to include a definition for Actual Building Height, clarify the definition of Zoning Height of a building and add the definition 6f grade to the Zoning Code that is consistent with the definition in the Building Code. RI~ASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space car be 'allowed below flood elevations, the actual building height being constructed on the g~ound is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet right on the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit request the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would insure that all permits issued in FEMA flOod areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This Would also require that the definition of ZOning Height be clarified to limit Architectural ApPurtenances to no more than 20 percent of the total floor area, anything beyond that amount would be considered in the computation of the building height. FISCAL & OPERATIONAL IMPACTS: and this study will be submitted upon completion. RELATED CODES OR REGULATIONS: There will be a fiscal impact to developers Various throughout the code. AGENDA DEC 10' 2003 anything beyond that amount would be considered,in the computation of the buildir~g height. ~ ' FISCAL & OPERATIONAL IMPACTS: There Will be a fiscal' impact t° developers and this study will be st~bmitted upon completion. ~ RELATED CODES, OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: ' OTHER NOTES: None, Amend the LDC as follows: DIVISION 6.3 'DEFINITIONS Building, Actual heieht of" The vertical distance, from the average centerline elevation of the adiacent roadways to the highest structure or appurtenances without the exclusions of section 2.6.3..._. ~ DEC 10" 200'3 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDCD:7 LDC SECTION: CHANGE: maps. Appendix D ' Update to the maps based on revised current and future noise exposure REAsoN: The noise zones have been reduced due to the reduction of Stage 2 operations and other noise abatement measures implemented. See attached documents. F!~CAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Airport Overlay, FAA 'GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: - AGENDA I~ APPENDIX II. APPENDIX D-AIRPORT ZONING , NAPLES MUNICIPAL ~,IRPORT (SEE SECTION '2.2.23) 'NOISE App. D, App. II ZONE MAP PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION co..u.,,., o~,~.o,,,~.T A_._o ~.~_o_o_o_,~o~,,~SE.-c~s DATE.: 7/0;3 FILE: AIRPO~T--N"--,4-- - SCALE: DEC t 0~ 2003