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Backup Documents 01/07/2004 LDC BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JANUARY 7,2004 -~ ~ NAPLES DAILY NEWS Published Daily PUBLIC NO'UG& PUBLIC NqrrcE Naples, FL 34102 I PUBLIC NOTICE Affidavit of Publication . Janua'ry 7,12004 State of Florida BCCPUBLIC HEARING County of Collier NOTICE OF LAND DEVELOPMENT CODE CHANGE Before the undersigned they serve as the authority, personally Notice Is hereby given that on January 7, 2004, at 2:00 P.M., in the Board of County appeared B. Lamb, who on oath says that they . serve as the Assistant Corporate Secretary of the Naples Dally, Commissioners Meeting Room, 3R1Aoor, Harmon Turne~ Building "F," Collier County a daily newspaper published at Naples, ~ Collier C~unty, Government Center, ~301 East Tamlaml Trail, Naples, Florida, the Board of County Florida; distributed in Collier and Lee counties ofFlonda; that Commissioners, proposes to take under advisement amendmen~s to the Collier County Land the attached copy of the advertising, being a DevelopmentC~~!,. the Jltle9tWtllcjJ ~r~pu,Y:LQa~ as follows, please be advised that the PUBLIC NOTICE fonowlng prOViSions maybe combined into another on.tfnance When finally adopted: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER in the matter of Public Notice COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY as published in said newspaper 1 PROVID'ING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION time in the issue THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ADDING THE VANDERBILT BEACH OVERLAY on January 1 st, 2004 DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Affiant further says that the said Naples Daily News is a newspap~r this will be the second publiC hearing on the proposed amendments. published at Naples, in said Collier County, Flori~a, an~ tha~ the saId . . newspaper has heretofore been con~nuously pubhshed In saId <?olher All interested parties are Invited to appear and be heard: Copies of the ordinance as presently County, Florida; distributed in Colher and Lee countIes ofFlonda, proposed areavailabJe for public inspection in the Current Planning Section, ComlT1llnity each day and has been entered as second class.mall matter ~t the post office in Naples, in said CoJlier County, Flonda, for a penod of 1 Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours year next preceding the first publication of the atta~hed copy of of 8:00 A.M. and 5:00 P.M., Monday through Friday. advertisement; and affiant further says that he has ~elther paId nor promised any person, firm or corporation any d!scount, rebate, If a person decides to appeal any decision made by the Collier County Board of qounty commission or refund for the purpose of securing thIS advertisement for Commissioners with respect to any matter considered at such meeting or hearing, ~e will publication in the said newspaper. I. yj need a record of the proceedings, and for such purpose he may need to ensure that a ve~batim record of the proceedings is made, which recortJ tncludes the testimony and evidence! upon ( Signature of affiant) whlcll tb8- apJ)l.aU&lQ..bebased. -~_.,..'"-'~-'---: .-" '--.,,- Sworn to and subscribed before me BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . This 6th day of January ,2004 TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk ( Ignature of notary public) ",';'::iN:'f~~;... Harriett Bushong {/A"r*~ MY COMMISSION II DD234689 EXPIRES 0:;;.. ....R.= July 24, 2007 I ....f O'''Fi.\~'' WNCED lHRU TROY FAIN INSURANCE. INC Gulbhore '"1;1''' Drive ------- -,---""~_..__...._-- . ___'m...'.'._ N . + - . 'I' - , . No. ll91158787 January 1. 2004 :;; .' ~ - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Board of County Commissioners/Land Development Code AGENDA January 7, 2004 2:00 p.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 January 7, 2004 1. PLEDGE OF ALLEGIANCE 2. AGENDA 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 MUL TIPLE-FAMIL Y-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE- FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE-FAMIL Y-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE 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 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 2 January 7, 2004 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 EXCA VA TION 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 SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. ORDINANCE 2004-01 W/RULES ACCEPTED REGARDING THE VANDERBIL T BEACH OVERLAY - ADOPTED - 4/1 (COMMISSIONER HENNING OPPOSED) 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 3 January 7,2004 --- .-.~----- COLLIER COUNTY FLORIDA (i) RI QUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clert be Board: Please place the following as a: .,-...{ Normal legal Advertisement ~ Other: (Display Adv., location, etc.) ****~******************************************************************** ********************* Originating Deptl Div: Comm.Dev .Scrv ./Planning Person: Date: Petition No. (If none, give brief description): LDe Bee 1/7/04 Petitioner: (Name_& Address): Russell Webb, Dept. of Zoning and Land Development Revei Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before XXX BCe BZA Other Requested Hearing date: 1/7/04 Based on advertisement appearing'S days before hearing. Newspapcr(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size: See att:ached Ad Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~ ~ \-z./\:;-(Tl3 . /Division Head Date . County Manager Date List Attachments: DISTRlBtmON INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: IClegal document is involv~ be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's omce will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Omce B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE US~ d1 {Ot..J 1/' /04 Date Received: l2. 1'1 03 Date of Public hearing: Date Advertised: -,~...._."..~-._."-. COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 CURRENT PLANNING December 11, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, 114 page, with maps attached, Legal Notice in your edition of January 1, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. January 7,2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on January 7, 2004, at 2:00 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which presently reads as follows, please be advised that the following provisions may be combined into another ordinance when finally adopted: 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 SPCIFICALL Y AMENDING THE FOLLOWING: ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. e 0 l~~ e -1- e .. 0 ... .. t. Y Phone (239) 403-2400 Fax (239) 643-6968 www.colliergov.net ,---,.--. ~._- This will be the second public hearing on the proposed amendments. All interested parties are invited to appear and be heard. Copies of the ordinance as presently proposed are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk BCC Ad 2 (5 day) -2- '.--' "."- ._____'..m__'_'".,.__,...._ . ~------_._-- ._--~- r; ;941 6595705 # 8/ Ser-Vlces ) . . . . . . ....... . . -.. - Gulfshore Drive CI1 :> .... \.l 0 +J r-l ...t .a \.l ... ..- CI1 ro s:: ctI > . N ... . lIMO .+. <--V nderbi11 B ach Rd. s 5eML, a SO) '000 I I I ......- -.--- ._-~- '"-_.- ---.~_.__._-- FAX TO: PAM PERRELL LOCATION: Naples Daily News FAX NO.: (239) 263-4703 .. COMMENTS: ~~- LbC- t/'1 (ot4 Ad - bl5p\~ FROM: Board Minutes & Records LOCATION: COllIER COUNTY COURTHOUSE FAX NO: (239) 774-8408 PHONE NO: (239) 774-8406 DATE SENT: 12. / f8/2003 TIME SENT: q : ~O AM PM # OF PAGES: (Including cover) 5 _.-- ~__H___ December 18, 2003 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: BCC-LDC 1/7/04 Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Thursday, January 1, 2004. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, ~~ Trish Morgan, Deputy Clerk P.O./Account # 113-138312-649110 --.--- CURRENT PLANNING December 17, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, % page, with one (1) map attached, Legal Notice in your edition of January 1, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire. ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. January 7,2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on January 7, 2004, at 2:00 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which presently reads as follows, please be advised that the following provisions may be combined into another ordinance when finally adopted: 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: ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. -1- _.".-."...- __n_'._ This will be the second public hearing on the proposed amendments. All interested parties are invited to appear and be heard. Copies of the ordinance as presently proposed are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk -2- .--"--' -. ;941 6595705 # a ~,;l ServIces . . ) -..- Gulfshore Drive GJ :> .f.4 w Q +J ....t .... ,Q w --- GJ ro c ftS > ... . . . , . . . . I I ! ~ -.- w-1~' <--V nderbi: B ach Rd s 2.Ic.t. . - 1M I I I ""'t.~""l1>> -lWlIHw,Mt<( ...- ------ ,--.-"-.. --~, Patricia L. Morgan To: Pam Perrell (E~mail) Subject: Ad - BCC-LDC 1-7-04 (Vanderbilt Beach Overlay) (lood :Morning Pam, prease run tlie attaclied on 'Iliursday, January 1, 2003. I just fa~d over tliis notice w/map attaclied. if you liave any questions, just give us a caCC at: 774-8406. 'Ilian~, rrrisli :Minutes d 1?fcords ~ ~ BCC-LDC BCC LDC Ad 1-7-04.doc 1-7-04.doc ---.'. Patricia L. Morgan From: postmaster@c1erk,collier.fl.us Sent: Thursday, December 18, 2003 9:50 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) [~ [2] -""'/ ' ATT61293.txt Ad - BCC-LDC 1-7-04 (Vanderbil..o'17i . [f a [j ifi . is is an automatlca y generate (])e ivery Status :Notl 'catton. ry'our message lias 6een successfu[Cy refayea to tlie fo[[owing recipients, 6ut tlie requestea aeCivery status notifications may not 6e generatea 6y tlie aestination. paperre[[@napCesnews. com Patricia L. Morgan From: System Administrator [postmaster@naplesnews.com] Sent: Thursday, December 18, 2003 9:39 AM To: Patricia L. Morgan Subject: Delivered: Ad - BGG-LDG 1-7-04 (Vanderbilt Beach Overlay) U ~^ Ad - BCC-LDC 1-7-04 (Vanderbil... <<)Id - CJ3CC-DDC 1-7-04 (o/ander6irt CJ3eacli Overfay)>> 'Your message 7'0: Pam Perre[[ (P.-maiO Su6ject: .1M - (]3CC-DDC 1-7-04 (o/ander6irt CJ3eacli Overfay) Sent: rrtiu, 18 (])ec 200309:50:06 -0500 was deCivered to tlie farrowing recipient(s): Perrer~ Pamefa on rrtiu, 18 (J)ec 200309:39: 15 -0500 -- Naples Dail~ News Fax:239-263-4703 Jan 5 2004 8:55 P.Ol !f .. . Bee PUBLIC HEARING ~ NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice Is hereby ;iven that on January 7. 2004, at 2:00 P.M., in the Board of County Commissioners Meeting Room, 31ll Floor, HarrnonTurner Building "F," Collier County -I Government Center. 3301 East Tamiami Trail, Naples, Florida, tho Board of County I Commissioners, proposes to take under advisement amend.ments to tile COllier County Land : r Development Code, the title-of. wttich presently ceamt aA fallOW!, pleUlt be.. arMaed that th~ I following provisions may be combined into another ordinance when finally adopted; t AN OROlNANCEAMENDrNG" ORDINA~E NUMBER 91- ,.02; AS AMENDED; TME COLLIER I COUNTY LAND DEVELOPMENT 'CODE, WHICH INCLUDES THE COMPREHENSIVE t REGULATIONS FOR THE UNINCORPORATED. AREA . or COlLIER COUNTY, - FLORIDA, BY .. I PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION . THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE t ~I SPECIFICALLY AMENDING THE FOLLOWING: ADDING THE VANDERBILT BEACH OVERLAY r'~ I DISTRICT; SECTION FOUR, CONFUCT AND SEVEAA8tUTY; SECTION FIVE, INCLUSION IN THE I COWER COUN-lY LAN.DOE\'ELOPMENT COOE; ANDSECTIQN SIX. EFFECTIVe DATE. I I This will be the second publiC hearing on the proposed amendments. 1 I I All Interested parties are Invitetf tD appear aAd be hearet. Coples of the ordinance as presently I . proposed are available for public inspection in the Current Planning Section, Community I DeveloprTl!nt Services Cet'lter; 280& H. HDrseshoe ~i Naples. Florida. between the hours .- 018:00 A.M.aod5:QQ P.M.. Monday through Friday, If a person decIdes to appeal any decision made by the Collier Coumy Board of County C OJTlI1ljSstoners wltttresptCt to- any matter -c:onatdered. at suen meetinG" or hearing, he . need a record 01 me proceedings, and for such purpose he may need to ensure that a verbatim record of tho proceedlngsls madi; which recortt includes ttTt-te&tllllj)lryamhtvldence upon. which the appeal Is to be based. BOARD Of COUNTY COMMISSIONERS COLLIER COUN1Y: FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen KenYQn, Deputy Cieri< (i) fI.l.e.I..f."~.. D~h'l ------- t . ..... . - I . . .. . , ~ . No.~ ....a-qr., ~ -_.._.~.... ~..._-- (i) Oepertment of Zoning and L8nd DevelOpment Review - 2800 North tfcneshoe DIM '1taptes; florida~104 (239) <403-2400 (239) 643-8168 or (239) 213-2916 FAX Fax: o.te= Phone: ......: .... CC: ~.... OAr.... OR.!.u .~..m..nI OR.... .1,1) o PI.I..&... .leJ,.cIa .ComftIeId:S: TOO~ A3CI A.LINflWIW3 03 M3ITI03 8969~~9T~6 XVd ~S:Tr ~O/LO/TO ." 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NateS : Eel E,-ro~ Cor,..ect PEl Resend PD: Po led by Aemo1:" lIAB: l'Iece ve toM-e I t bO~ ee: Sroadcest send MP: MU I 1: I -Po I I PG: Po 1 I I ng a Remote PI: power InterruptiOn CP: comp~et:ed "'M: ~-e"Ce l-ve "to ~erno.r.\' DR: Document Aemoved TM: Ter"mlnatQd oy user HS: Host" scan f-Cp: riOSt print FO: Forced ou-r:put: WT: wa I t: 1 ng -r r-aTl ~--t'@.,... HF: HoS\: Fa" Hri: H_O:st Receive FM: For-werd Me I ! bOX Doc_ WS: Waiting send ZOO~ .- - - - - - -- -- ------------- - - - - - -- AHa A.LINIlWW03 0:>- H~3:I1.1.0:> 8969Cl'9lt'6 XV/:l Cg :11 l'O/LO/IO ----. .- .-----~ -_._-~,,------ ,.-.--- . COLLIERCOUNTY GOVERNMENT CcmummIty DeveIopmeat aad EDvIroDJDeDtaI Servlees Diflsion Planning Services Department. 2800 North Horseshoe Drive · Naples, Florida 34104 CURRENT PLANNING November 26, 2003 Naples Daily News 1075 Central Avenue Naples. Florida 33940 ATTENTION: LEGAL ADVERTISING OearMs.Perrell: Please pubfish the following public notice, ~ior. aOi!>>play, '141)8ge,"Wtth - maps1lttaehed, Legal Notice in your ~di<<on d December .2,20~ and furnish proof of publication of each advertisement to the Collier County 1)evelopment. Services Building, "Current PlanniIJ9, 2800 North Horseshoe-9riYe, Naples, Ftorfda 341M, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, . ACA, . Collier -County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. December 10, 2003 BCC PUBUC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on December 10, 2003, at 5:05 P.M., in the Board of County CUlIIllli&$iollers Meeting Room. -3n1 Floor, Harmon T.lJrnerBuilding "F," Collier County Government Center. 3301 East Tamiami Trail. Naples, Florida, the Board of County . Commissloners; llfOPOSes- to tak€ under .aQvisementamendmentsto the Collier County Land Development Code. the title of which presently reads as follows. please be advised that the following provisions may be ~Mded into two-or -more O<<i1nances wnen finally -adopted: AN ORDINANCE AMENDiNG ORDINANCE NUMBER 91-102, AS AMENDED. THE COLLIER COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES THE COMPREHENSlVEREGULATIONS ~OR THE. UNtNCORPOAATEO AREA. OF COlliER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO. FINDINGS OF FACT; SECTION THREE.ABOPT10N OF AMENDMENTS TO THE1.ANO DEVELOPMENT CODE, MORE SPCIFICALL Y AMENDING THE FOLLOWING: ARTICLE 2. ZONING, DIVISION 2.2, LON'NG~ D1STRtCTS,PERMrIT-EO USES, CONDtTIONAL USES, YARD REQUIREMENTS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THERURAl.FRtNGE MIXeD USE . O'STR.fCT, -tNCLUOING REVISIONS TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMILY D1STR1CT, .1NCLUOfNG .R~5iONS TO THE .~!1t " -1..- c 0 I I i C 0 .. .. '- -" Phone (239)403-2400 Fax (239) 643-6968 www.colliergov.net ~oo[l) A3G .u I NniwoJ ~O:J -H~wlloj- - ---- -----.. - - ----- .--- -~..__...._.. - -- 8969~~9r~6 IVd ~g;rr ~o/ LOnO .~- RESIDENTIAL MUL TIPLE-FAMIL Y~6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE-FAMIL Y-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT. INCLUDING REVISIONS TO THE VILLAGE 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. AMENDING OR REPEALING THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONtNG DIST-RiCT~ AOOiNG THE VANDERBILT BEACH OVERLAY DISTRICT; DIVISION 2.3, OFF-STREET PARKING AND LOADING. INCLUDING REVISIONS TO PASSENGER VEHICLE PARKiNG iN CONJUNCTION WITH RESIDENTJAl STRUCTURES. INCLUDING REVISIONS TO OFF-STREET LOADING REQU1REMENTS; OlV'S1ON2.4, HEVIS10NS TO LANDSCA.plNG ANOSUFFER~NG; \ DIVISION 2.5, SIGNS. INCLUDING REVISIONS TO REAL ESTATE, AND POLE OR GORUNDS1GN REQUIREMENTS; OlViSlON 2.6 SUPPLEMENTAl DISTRICT REGULATIONS. INCLUDING REVISIONS TO HEIGHT LIMITS. INCLUDING ESSENTIAL SERvtCES, "1NClUD1NGREV1SIONS TO. -BOATHOUSE REQUIREMENTS,INCLUOlNG REVISIONS TO TEMPORARY USE PERMITS. INCLUDING REVISIONS TO . COMMUNICATlON TOWERS,. INCLUD'NG REViStONS TO. KtTCHENS -tN DWELLING UNITS. ADDING TRANSFER OFD.EVELOPMENT RIGHTS, ADDING DENSITY BLEND1NG;TIMS10N 2.7, ZONING ADM1N1STRAT1ONAND PROCEDURES. INCLUO~NG REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS ,0 . CONDTT1ONAt. USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS. DN~SfON 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY. SUBDIVIS10N"REVlEW . PROCEDURES; . PRELIMINARY .SUBDIVISiON PLAT. IMPROVEMENT PLANS, AND FINAL SUBDIVISION PLAT REGULATIONS; DIVISION 3.3. SITE DEVEL:.OPMENTPLANS, INCLUDtNGREVIS10NS TO€XEMPT'ONS; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION "REVlEW . PROCEDURES; .D1VtS'ON 3:5. .INCLUetNG REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9. INCLUDING REVISIONS TO VEGET A liON REMOVAL,PROTECTION AND PRESERVATiON; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12, INCLUDING "REVlSlONS TO.COASTAL lONE MANAGEMENT; DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; DIVISION 3.15, INCLUD1NG REVISIONST-o ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6. DEFINITIONS. DIVISION 6.3. INCLUDING REVISIONS TO DEFINITIONS; APPENDIX D, AIRPORT ZONlNG; SECTION FOUR. ..cONFUCT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. -2- .- .- - VOO~ A30 ~INrrKK03 03 ~H3i'I~03 8969Cv9Iv6 XVd vS:II VO/LO/IO - .-.----- - All interested parties are invited to appear and be heard. Copies of the ordinance as presently proposed are available for public inspection in the Current Planning Section, Community Development Services Center. 2800 N. Horseshoe Drive, Naples. Florida, between the hours of 8;00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon. Deputy Clerk BCC Ad 1 (7 day) -3- - -,-- soofij A30 .\LINrrWWOJ OJ H3IllOJ 8969C~9I~6 rVd 99:11 ~O/LO/IO -~.._~."....~---_.. . . _._---_.,.__.,".._-,--~_._--,----Q--".._._"-_.-., -...- .'.. .---- ~ z ~ i 0 -.1). 11~IDn-tD ::1- Hi~ O^,g J.311.N'lfU9 !tn i i C ::T .. - c..... ::D f:.DZ~~cnf' SI' i> 0 ::s; ;gsn-HDJc! OJ ~~fi ~Q. - >--0 ~!3! o-cD '!i~ -. I:lJ <' - CD c5 :; en - -. c: g' ::2 ~"i!: Q.11l c5fnc Do .... ~'" ..c: :J ;:, - .;... rJ 0 ~ Q. i- - B ~ . CD a Ul ~. 5' -< !!?cc $! 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ORDINANCE NO. 04- 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, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL ST ANDARDS, AMENDING OR REPEALING THE INTERIM DEVELOPMENT CONTROLS (MORATORIUM) FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONING DISTRICT, ADDING THE VANDERBILT BEACH OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10,2003, January 7, 2004, January 29, 2004, February 11, 2004, and did take action concerning these amep.dments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and Page 1 of 17 Words struck through are deleted, words underlined are added WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: REelT ALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: l. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the" Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent ofthe Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. pursuant to Sec. 163.3194(3)( a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. Page 2 of 17 Words struek t-bnn:lgh are deleted, words underlined are added 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13,1991 and may be amended twice annually. II. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions ofthe Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL ST ANDARDS, Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * Sec. 2.2.36. Establishment of interim development controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) Zoning District. * * * 2.2.36.2 Duration, The issuance of any development orders for certain land uses as set forth in subsection 2.2.36.4 of this code is prohibited until Jaa1:lary 31June 30, 2004. or until such time prior thereto as provisions in this Code pertaining to a Vanderbilt Beach Residential Tourist Overlay District may become effective. 2.2.36.3. Geographic scope of the Vanderbilt Beach residential tourist zoning district area Page 3 of 17 Words struck threugh are deleted, words underlined are added .-...,- assessment. The geographic scope of the assessment area shall be as follows: All lands designated residential tourist (RT) in the Vanderbilt Beach area which are more specifically described as an area lying east of the 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. 2.2.36.4. Prohibited uses. The issuance of any development order that would allow the following uses is hereby prohibited until Jaooary 3IJune 30, 2004. or until such time prior thereto as rovisions in this Code ertainin to a Vanderbilt Beach Residential Tourist Overla District ma become effective, while the Vanderbilt Beach residential tourist zoning district area assessment is being conducted. * * * * * * Sec. 2.2.38. Vanderbilt Beach Residential Tourist Overlav Zoninl! District (VBRTO) 2.2.38.1. Purpose and intent. The puroose and intent of this district is to encourage development and redevelotlment of the Vanderbilt Beach area to be sensitive to the scale. compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors. light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.2. Apolicabilitv. These regulations shall applv 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. 2.2.38.3. Geof!raohic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. - ....... . .. .. -, . .-".- ...... .. ......... - . .,., . .. - .... . .. P. . . .- - ,. ..... . . ~ . .. ."- . .... ~ ... I..... .. . . .... . -.- .. -- .- . .., .- .. ,.,' ... .. ' . .. , " N w+2 . ie'.w..(; . "" ..., I I I IN....... Map 2.2.38-1 2,2.38.4. Figures. The figures 0-4) used in this section are solely intended to provide a grar>hic 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 provisions of this section. are Page 4 of 17 Words struck thrEH:lgh are deleted, words underlined are added '-'- permitted. The Communitv Character Plan For Collier County. Florida (April 2001) should be referenced as a guide for future development and redevelopment in the overlav district. 2.2.38.5. Development criteria. The following standards shall apply to all uses in this overlay district. 2.2.38.5.1. Permitted uses. 1. Hotels and motels. 2. Multiple-family dwellings. 3. Family care facilities. subiect to section 2.6.26. 4. Timeshare facilities. 5. Townhouses subiect to section 2.6.36. 2.2.38.5.2. Uses accessorv to permitted uses. 1. Uses and structures that are accessorv and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2. 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. 3. Private docks and boathouses. subject to sections 2.6.21. and 2.6.22. 4. 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 playfields. 2.2.38.5.3. 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. 2. Marinas. subiect to section 2.6.22. 3. Noncommercial boat launching facilities, subiect to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities (category land lI): 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 subiect to section 2.6,26. 5. Private clubs. 6. Yacht clubs. 2.2,38.6. Dimensional standards. The following dimensional standards shall apply to all permitted. accessorv, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2.2.38.6.1. Minimum lot area. One acre. 2.2.38.6.2. Minimum lot width. 150 feet. 2.2.38.6.3. Minimum vard reauirements. 1. Front yard: one-half the building height with a minimum of 30 feet. 2. Side yards: one-half the building height with a minimum of 15 feet. 3. Rear yard: one-half the building height with a minimum of30 feet. Page 5 of 17 Words struek tbnmgh are deleted, words underlined are added Note: Accessorv-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 vards that do not abut residentially zoned lands. 2.2.38,6.4. 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: Buildinf!. actual heif!ht of and Buildinf!. Zoned height of 2.2.38.6.5. Maximum densitv vermitted. A maximum of 26 units per acre for hotels and motels. and l6 units per acre for timeshares. multifamily. family care facilities and townhouse uses. 2.2.38.6.6. 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 accessorv buildings and structures dimensional criteria. see section 2.6.2. 2.2.38.6.7. Floor area reQuirements. 2.2.38.6.7.1. 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. 2.2.38.6,7.2. Timeshare/multifamily minimum area: efficiency (450 square feet). one bedroom (600 square feet). and two or more bedrooms (750 square feet). 2.2.38.6.8. Maximum lot area coveraf!e. (Reserved.) 2.2.38.7. Preservation of view corridors. lif!ht and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.7.1. 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 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 provisions of this section. are permitted. 2.2.38.8. Off-street varkinf! and off-street loading. As required in Division 2.3 of this code. 2.2.38.9. Landscapinf! reQuirements. As required in Division 2.4 of this code. 2.2.38.10. Sif!ns. As required in Division 2.5 of this code. 2.2.38.11. Coastal Construction Setback Lines (CCSL). As required in Division 3.13 of this code. Page 6 of 17 Words strnek threl:lgh are deleted, words underlined are added LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LOC Section 2.2.38.7.1 - .. DESIRABLE . I UNDESIRABLE \ FIGURE - 1 Page 7 of 17 Words stmek thn:J1:Igh are deleted, words underlined are added I I LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE I J UNDESIRABLE FIGURE - 2 I Page 8 of 17 Words strnek thro\:lgh are deleted, words underlined are added -'-'""--- I I LOC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V.P. - VIEW PLANE OR ANGLE OF VISION FIGURE - 3 I Page 9 of l7 Words strnek thro1:lgh are deleted, words underlined are added \ VIEW PLANE LDC Section 2.2.38.7.1 ~ 1\ V.P. V.P. V.P. ~~ ~ I I-- --. - 1--- ~\ II PI\ I"'" /' 1_"'" II J\ n ri II l~ /' >/A wY/A ""V/A ""V/A ""V~ ~V/A "'v~ ~V7A ""V/A ""v//)&?>0 UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION I FIGURE - 4 I * * * * * * Sec. 2.2.38 Vanderbilt Beach Residential Tourist Overlay Zoninl!: District (VBRTO) 2.2.38.1 Purvose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale. compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors. light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.2 Apvlicabilitv. 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. 2.2.38.3. Geof!raphic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. Page 100fl7 Words stnlek throHgh are deleted, words underlined are added ..--- , ,. 0 o. .,., " .... - .... . .. . '" . ,. ,.... .......... -.- " , " . .'0 ," '" . .- ... ., ' '0" ., , '0' N -.- w+~ . 'ieM: . '" ,"" I I I N."'''' Map 2.2.38-1 2.2.38.4 Fif!ures. The figures 0-4) 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 provisions 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. 2.2.38.5 Development criteria. The following. standards shall applv to all uses in this overlay district. 2.2.38.5.1 Permitted uses. 1. R8t8lB llRa Bl8t81B. 2. Multiple-family dwellings. (includes town houses subject to section 2.6.36) 3. Family care facilities. subiect to section 2,6.26. 4. TiBl8BRlU8 m8iliti8B. ~. T8':.'flh8liB8B BlM3j88t t8 B88ti8R ::UiJ8. 2.2.38.5.2 Uses accessorv to permitted uses. 1. Uses and structures that are accessory and incidental to the uses permitted as ofright in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2. 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 118t81 8r a Bl8t81. Transient Accommodation for the use of its patrons. J. Pri":at8 8881[8 aR8 88atR8liB8B. BlM3j88t t8 B8ilti8RB 2.8.21 aRa 2.8.2::1. 4.1, 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 I'reviously reviewed and approved which may include. but are not limited to: golf course clubhouse. community center building and tennis facilities. parks. plavgrounds and plavfields. Page II of 17 Words strnek through are deleted, words underlined are added --- 2.2.38.5.3 Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlav District (VBRTO), subiect 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. 3. Noncommercial boat launching facilities, subiect to the applicable review criteria set forth in section 2.6.21. 4. Group care facilities ( categorv 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 subiect to section 2.6.26. 5. Transient :\ccommoaatieRs, herein defmed as hotels, metels. and timeshares. 5. PFklitB Bhills. ~. YliB8t Bki8B. 2.2.38.6 Dimensional standards, The following dimensional standards shall apply to all permitted. accessorv, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2.2.38.6.1 Minimum lot area. ORB liBrB. One contiguous acre. 2.2.38.6.2 Minimum lot width. 150 feet. 2.2.38.6.3 Minimum yard reQuirements. 1. Front yard: one-half the building height with a minimum 000 feet. 2. 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. 2.2.38.6.4 Maximum height: +QQ 75 feet. No height variances from the 75 feet will be permitted. The height of the building will be measured according to the standards in LDC Division 6.3 Definitions: Sui/dinrz. actual height of and Sui/dinrz. Zoned heirzht of 2.2.38.6.5 Maximum density /Jermitted. A maximum of ~ 16 units per acre for 88tBls lilUI ~ transient accommodations, and +8 4 units per acre for tiHiBB8lifBB, multifamily., raJMiI)' BlifB fllBilitiBS llRa hl!.".nHB\tSB \tBBS. 2.2.38.6.6 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 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 Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for 88tBla liRa HietBls transient accommodations, except that twenty percent (20%) of the total units may exceed the maximum. 2.2.38.6.7,2 Timeshare/multifamily minimum area: efficiency (450 square feet). one bedroom (600 square feet), and two Of more bedrooms (750 square feet). 2.2.38.6.8 Maximum lot area coverage. (Reserved.) 2.2.38.6.8.1 Maximum lot area coverage (LAC), For new development and redevelopment, the total lot area (LAC) occupied by all buildings shall not exceed thirty five percent (35%) for transient accommodations and twenty-five percent (25%) for multi-family dwellings including family care facilities, Bed and Breakfast residences, and townhouses. 2.2.38,7 Preservation of view corridors. light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. 2.2.38.7.1 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 corridors. light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific Page 12 of 17 Words struek thrOl.igh are deleted, words underlined are added --- projects. Variations from these figures. which nonetheless adhere to the provisions of this section, are permitted. 2.2.38.8 Off-street parking and off-street loadinf!. As required in Division 2.3 of this code. 2.2.38.9 Landscavinf! requirements, As reauired in Division 2.4 of this code. 2.2.38.10 Signs. As reauired in Division 2.5 of this code. 2.2.38.11 Coastal Construction Setback Lines (CCSL). As required in Division 3 .l3 of this code. LOT AREA COVER/\GE & OPEN SPACE RELA TIONSHIPS LDC Section 2.2.38.7.1 - . DESIRABLE . I I UNDESIRABLE I FIGURE - 1 Page 13 of 17 Words struck thrOl:lgn are deleted, words underlined are added \ LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LOC Section 2.2.38.7.1 " I .. I DESIRABLE J UNDESIRABLE I FIGURE - 2 Page 14 of 17 Words struek tmeagh are deleted, words underlined are added ~--- LOC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V,P, VIEW PLANE OR ANGU= OF VISION FIGURE - 3 Page 15 of 17 Words struek threwgh are deleted, words underlined are added ~'--'-'^ _'_'_~h_ . VIEW PLANE LOC Section 2.2.38.7.1 UNDESIRABLE V.P. VIEW PLANE OR ANGLE OF VISION FIGURE - 4 SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page 16 of l7 Words struck thnmgR are deleted, words underlined are added ---.--'" ~- , .. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~ Patrick G. White Assistant County Attorney Page 17 of 17 Words &tmek thnmgh are deleted, words underlined are added ..__0_ ORDINANCE NO. 04- 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, RECIT ALS; 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, DIMENSIONAL STANDARDS, 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 MUL TIPLE-F AMIL Y-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE- FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MUL TIPLE-F AMIL Y -16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE 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 CONSERV ATION 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; 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 GROUND SIGN REQUIREMENTS; Page 1 of 167 Words struek thnmgh are deleted, words underlined are added DIVISION 2.6 SUPPLEMENT AL 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 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 ENVIRONMENT AL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOV AL, PROTECTION AND PRESERV ATION; 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 COAST AL 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 SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and Page 2 of 167 Words struck thnll:igh are deleted, words underlined are added ~._.. ~_. WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10,2003, January 7, 2004, January 29,2004, February 11, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption ofthe Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1 )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. Page 3 of 167 Words struek tlH'Gugh are deleted, words underlined are added 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seQ. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163 .3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions ofthe Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, Page 4 of 167 Words st:rnek tbnl\igh are deleted, words underlined are added ~_.~~<-- CONDITIONAL USES, DIMENSIONAL STANDARDS Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS * * * * * * 2.2.2.2.1. Permitted uses. l. Single-family dwelling. * * * * * * * * 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 procedures established in division section 2.7.4.: l. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. * * * * * * * * 27. Ancillarv Plants. * * * * * * * * 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. * * * * * * * * 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all propertY lines. b. For accesso structures: 25 feet from all ro e lines. * * * * * * 2.2.2Yz. RURAL FRINGE MIXED-USE DISTRICT RFMU DISTRICT 2.2.2Yz.l PURPOSE AND SCOPE. The ose and intent of the RFMU District is to rovide a transition between the Urban and Estates Desi nated lands and between the Urban and A riculturaI/Rural and Conservation desi nated lands farther to the east. The RFMU District em 10 s a balanced a roach includin both re ulations and incentives to rotect natural Page 5 of 167 Words struek tbre\:lgh are deleted, words underlined are added in A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to im lement the RFMU desi nation in the future land use element (FLUE) of the GMP. tbe RFMU District to be desi nated as "RFMUO" on the Official Zonin Atlas is hereb established. The lands included in the RFMU District and to which the Section 2.2.2'h a 1 are depicted bv the following map: I LEE COUNTY I \ I I i_E \ RURAL FRINGE AREAS E c UN RD. TY \ \ IMMOKALEE ROAD \ \ \ , _\ GOLDEN GATE BOULEVARD \ ~\ ~ ~I I ~\ > , \ ~' VI \ I \ ffi' ~--~l~ J I I I \ ~\ 0:; I \ u , \ I I II \ ~\ \ I ' ,. ,. ,. ~. ~" i\ \ ~~ ~~ I '1:. ~I \1 LEGEND J' '%-~ \ r .","" _.11 ''''' \ I II "'XED uSE DlS1R,eT 1\ \ I C I \ f>RE"~~O ~~, GR.lPf<lCS me nl5l"llCld.- SUPPORI SECTION \ CO~""'N'TY iX'JI:,ClPI,lENT me E....,.,~OI'1"'E...l.... SER"'CES 0'''5101ol 0..."'1:: 10jW03 mEoRr"l-I,ILIO_OWG Page 6 of 167 Words struck thrsligh are deleted, words underlined are added C. A. OUTSIDE RURAL VILLAGES Lands 2. MAXIMUM DENSITY b. ADDITIONAL DENSITY (a) CLUSTERING REOUIRED. Where the transfer of development ri hts is em lo ed to increase residential densi within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: 1. Central water and sewer shall be extended to the ro' ect. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities mav be approved. 11. The maximum lot size allowable for a single-family detached dwelling unit is one acre. lll. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed s_ecies habitat. reservation of the hi hest uali native ve etation' connectivity to adiacent natural reservations or preservation areas on adiacent developments; and, creation, maintenance or enhancement of wildlife corridors. (b) MINIMUM PROJECT SIZE. The minimum proiect size reauired in order to receive transferred dwelling. units is 40 contiguous acres. Page 7 of 167 Words stmck tbre\:lgh are deleted, words underlined are added t. Desi nin conununi facilities schools or other ublic buil~' to """ a, ,tonn ,holtcrS iflooaled ou"ide of area, that !Pay ex erience inundation during a Categorv 1 or worse storm ~vent. While the need to utilize such shelters will be determined on a case-b -case basis areas which are susce tible to inundation ~uring such storm events are identified on the Sea. Lake. and Overland Sur e from Hurricane SLOSH Ma for Collier Coun 11t. Workin with the Florida Division of Fores Coun , Emer enc Mana ement staff and the mana ers of an ;djacent or nearbv public lands. to develop a Wildfire Prevention ~nd Mitigation Plan that will reduce the likelihood of threat to life ind propertv from wildfires. This plan shall address. at a minimum~ proiect 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 rescribed bumin on ad' acent or nearby lands. (2) Once the maximum density is achieved through the use of TDR~ additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the reservation of additional native ve etation as set forth in Section 3.9.4.5.A. ation measures set forth 3. ALLOW ABLE USES a. USES PERMITTED AS OF RIGHT. right. or as uses accessorv to permitted uses: b Raisin an animal or animals intended to be ultimatel used or used for fighting or baiting purposes. c For oses of this subsection the term baitin is defined as set forth in & 828.122(2)(a). F.S.. as it mavbe amended from time to time. homes 3 (4) Rural Villages. subiect to the provisions set forth under Section 2.2.2V2.2.B below. 5 Dormitories du lexes and other es of staff housin incidental to. and in support of. conservation uses. Page 8 of 167 Words stnlek tlrreligh are deleted, words underlined are added 1 unit er 5 acres and sub"ect to Section 7 Staff housin as ma be incidental to and in su service facilities and essential services. 8 Farm labor housin limited to 10 acres in an sin le location: (b) Multifamily/dormitorv: 22 dwelling units/beds per acre. 9 S ortin and Recreational cam s not to exceed 1 cabinllod in unit per 5 gross acres. 10. Those Essential services identified as ermitted uses in Section 2.6.9.l.A and in accordance with the provisions. conditions and limitations set forth therein. 11 Golf courses or driyin standards: (a) The minimum density shall be as follows: 1. For olf course ro' ects utilizin Densi Blendin provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. from fertilizer and courses shall demonstrate the followin 1. The use of slow release nitrogen sources~ 11" The use of soil and lant tissue anal and amount of fertilization applications; IV. The coordination of esticide a lications with the timin and application of irrigation water; and v. The use of the procedure contained in IF AS Circular 1011 , Manaf!imz Pesticides for Golf Course Maintenance and Water Page 9 of 167 Words struek tbreligh are deleted, words underlined are added ..,-_.~ e To ensure water conservation olf courses shall inco orate the following in their design and operation: i. Irrigation Systems shall be designed to use weather station information and moisture-sensin s stems to determine the oPtimwTI amount of irri ation water needed considerin soil moisture and evapotranspiration rates. 11. Site reservation and native ve etation retention re uirements shall be those set forth in Section 3.9.4 of this Code. criteria: (a) Site area and school size shall be subiect to the General Educational Facilities Re ort submitted annuall b the Collier Coun School Board to the Board of Countv Commissioners. (b) The Site must c01l1Jllv with the State Reauirements for Educational Facilities adopted bv the State Board of Education. (c) The site shall be subiect to all applicable State or Federal regulations. b. ACCESSORY USES. Page 10 of 167 Words struek tbraHgh are deleted, words underlined are added (1) Accessory uses as set forth in Section 2.2.2.2.2 of this Code. 2 Accesso Uses and structures that are accesso and incidental to uses permitted as of right in the RFMU District. c. CONDITIONAL USES. The followin uses are ermissible as conditional ~ses subiect to the standards and procedures established in section 2.7.4 !2 Grou c",e faciUti" and oth" me ho""u faciliti" oth" thau family care facilities. subiect to a maximum floor area ratio of 0.45. (3) Zoos. aauariums. and botanical gardens. and similar uses. 4 Facilities for the collection transfer and reduction of solid waste. ~ 5) Conununitv facilitie<. such as. plac" of wo"hip. childcare facilitie~ cemeteries. and social and fraternal organizations. 6 (a) the site is adiacent to an existing travel trailer recreational vehicle site: and b the site is no reater than 100% of the size of the existin ad' acent 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. 4. DESIGN STANDARDS a. DEVELOPMENT NOT UTILIZING CLUSTERING: (1) MINIMUM LOT AREA: 5 Acres. (2) MINIMUM LOT WIDTH: 165 Feet. (3) MINIMUM YARD REOUlREMENTS: (a) Front Yard: 50 feet (b) Side Yard: 30 feet Page 1l of 167 Words 5R1:lek tlweugh are deleted, words underlined are added (c) Rear Yard: 50 feet Ld) Nonconforming lots in existence as of June 22. 1999: 1.. Front Yard: 40 feet. 11. Side Yard: 10 percent of lot width. not to exceed 20 feet on each side. iii. Rear Yard: 50 feet. b. CLUSTERED DEVELOPMENT: (1) LOT AREAS AND WIDTHS: La) SINGLE-FAMILY l. Minimum Lot Area: 4.500 Square feet. ii. Maximum Lot Area: One Acre. 11l. Minimum Lot Width: Interior lots 40 feet. iv. Maximum Lot Width: 150 feet. (b) MULTI-FAMILY l. Minimum Lot Area: One Acre. 11. Maximum Lot Area: None. iii. Minimum Lot Width: 150 feet. iv. Maximum Lot Width: None. (2) MINIMUM YARD REOUIREMENTS : a SINGLE F AMIL Y. Each ,;n le-fa,.,;1 10' ot ""el nUnimum a,d re~uirement 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 feet where arkin for the unit is accessed via a rear all . ii. Side: 6 feet tn. Rear: 15 feet tv. Accessorv: Per Section 2.6.2. (b) MULTI-FAMILY. For each multi-family lot or parcel minimum ard shall be established within an a roved PUD or shall COmPly with the following standards: l. 11. Front: 30 feet. iii. Rear: 30 feet. v. Accessorv: Per Section 2.6.2. (3) HEIGHT LIMITATIONS (a) PRINCIPAL STRUCTURES Page 12 of 167 Words struck thraugh are deleted, words underlined are added i. Single Familv: 35 feet. ii. Multi-family: Fiye Stories not to exceed 60 feet. iii. Other structures: 35 feet exce t for olf course/communi ~lubhouses. which mav be 50 feet in height. b ACCESSORY STRUCTURES. screen enclosures which ma be structure. (4) MINIMUM FLOOR SPACE La) Single Family: 800 square feet (b) Multi-family: 1. Efficiencv: 450 Square feet ii. One Bedroom: 600 square feet iii. Two or More Bedrooms: 800 square feet c. PARKING. As required in Division 2.3 of this Code. d. LANDSCAPING. As required in Division 2.4. of this Code. 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. Pro' ects of 40 or more acres in size shall rovide a minimum of 70% usable open space. B. NBMO ma following;. l. ALLOW ABLE USES: a. All ermitted uses identified in Section 2.2.21/2.2.A.3.a. identified in. and aooroved as oart of. a Rural Village PUD. b. when s c. Page 13 of 167 Words struck threagh are deleted, words underlined are added ment (4) 5 area. 7 uses identified m rior to issuance of the first buildin e. Anv other use deemed bv the Board of Countv Commissioner to be ~ppropriate and compatible within a Rural Village. Page 14 of 167 Words sffilek tbreugh are deleted, words underlined are added a. ALLOCATION OF LAND USES. S ecific allocations for land uses includin residential commercial and other non-residential uses within Rural Villa es shall include. but are not limited to: 2 A mixture of recreational uses includin arks and villa e reens. 0) Civic. community. and other institutional uses. (5) A mixture ofretaiI. office. and services uses. a Schools shall be located within or ad'acent to the Villa e Center areas. b. ACREAGE LIMIT A TIONS 1 Rural Villa es shall be a minimum of 300 acres and a maximum of 1 500 acres exclusive of the re uired reen belt with exce tion that the maximum size of a Rural Villa e within those RFMU Receivin Lands south of the Belle Meade NRP A shall not exceed 2.500 acres. ;2 Nei hbo,hood Cen'" - 0.5% ofthototol Ru<ol Villa e .cce. e not to exceed 10 acres. within each Neighborhood Center. 0) Neighborhood Center Commercial- Not to exceed 40% of the Nei hborhood Center acrea e and 8 500 s uare feet of gross leasable floor area per acre. Q) Civic Uses and Public Parks - Minimum of 15% ofthe total Rural Village acreage. with a Page 15 of 167 Words 5tnlek iliraugh are deleted, words underlined are added NBMO Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: a. 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 bv right for allocation within the designated Rural Village. b. 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. c. 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 Affordable or Workforce Housing unit. 4. OTHER DESIGN STANDARDS a. TRANSPORTATION SYSTEM DESIGN. (1) The 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 bv a binarv 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 adiacent 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 interconnectivitv. 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 RFMU 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 roadwav 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. Page 16 of 167 Words struck ilireugh are deleted, words underlined are added - .__.__..,...._._-_.._~_._- d. ADDITIONAL VILLAGE DESIGN CRITERIA: Rural Villa es shall be 4esigned in accordance with the following provisions: 4 A mixture of allowable uses is encoura ed to occur within buildin s in the Village Center and Neighborhood Centers. and 6 Buildin hei hts ma va within the Villa e Center and Nei_hborhood Centers but shall not exceed 5 stories not exceedin 65 feet ~ith the Village Center. or 4 stories no exceeding 55 feet within the ~eighborhood 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 a~lY within a Ruml ViIlag'. Tb, hd[!h' <<du,ion "" furth in S""tion 2:.6.3.2. applies in the Village Center only. except that: (8) Within the Village Center and Neighborhood Centers. individual block perimeters shall not exceed 2.500 linear feet. 9 Within the Villa shall be as follows: (a) Front setbacks - 0 to 10 feet from the right-of-way line (b) Side setbacks - 0 feet { c) Rear setbacks - 0 feet Page 17 of 167 Words stmck threugh are deleted, words underlined are added (11) Within the Village Center and Neighborhood Centers overhead ~croachments 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. ( c) Parking lots shall be accessed from alleys. service lanes or secondarY streets. {l6) Landscaping minimums within the Village Center or within Neighborhood Centers shall be met b)': be ( c) Plantings areas. raised planters. or planter boxes in the front of and ~djacent to the buildings. where such planting areas do not interfere with pedestrian access and mobility. {d) Providing for additional pubic use landscape areas at intervals within the streetsca e on identified arcels with blocks or as part of public greens. squares. parks or civic uses. Page 18 of 167 Words stnlek t:lu:eugft are deleted, words underlined are added 5. NATIVE VEGETATION. Native ve etation shall be reserved as set forth in 3.9.4.3.A. a. b. The allowable residential densi shall be shifted from the desi nated Greenbelt to the Rural Village. c. 7. OPEN SPACE: Within the Rural Villa e a minimum of 70% of 0 en S ace shall be provided. inclusive of the Greenbelt. 8. a. EIS. An environmental im act statement for the Rural Villa e and surroundin Greenbelt area shall be submitted an accordance with the requirements of Division 3.8 of this Code. (1) Stormwater/drainage facilities...;. (2) 3 ation' (4) Central sewer provisions and facilitie~ (5) Law enforcement facilities~ (6) School facilities.; 7 Roads transit bic (a) Solid Waste facilities. Page 19 ofl67 Words stmek thraugh are deleted, words underlined are added (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 infrastructure identified in (]) through (7) above. 2.2.2Y2.3. 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. these 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. ALLOW ABLE USES. The following uses are permitted as of right: 1. USES PERMITTED AS OF RIGHT. a. Agricultural activities, including, but not limited to: Crop ralsmg. horticulture, fruit and nut production, forestry, groves. nursenes, ranching, beekeeping, poultry and egg production. milk production. livestock raising, and aquaculture for native species subiect 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. I 22(2)(a), F.S.. as it maybe 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 to, and in support of. conservation uses. d. Group housing uses subiect 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 exc 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: ( l) Single family/duplex/mobile home: 11 dwelling units per acre: (2) Multifamily/dormitory: 22 dwelling unitslbeds per acre. 1. Sporting and Recreational camps. not to exceed 1 cabin/lodging unit per 5 gross acres. ]. Those Essential Services identified in Section 2.6.9.l.A. k. Golf courses or driving ranges, subiect to the following standards: (1) Golf courses shall be designed. constructed, and managed in accordance with Audubon International's Gold Signature Program. (2) In order to prevent the contamination of soil. surface water 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. Mav 1995. (3) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: Page 20 of 167 Words struek fl3.reHga are deleted, words underlined are added (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adiust 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 IF AS Circular 1011 , Managing Pesticides for Golf Course Maintenance and Water Oualitv Protection, May 1991 (revised 1995) to select ?esticides that will have a minimum adverse impact on water quality. (4) 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 Objective l.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 mnTIlC 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 requirements, on an acre- to- acre basis. shall be given for littoral shelves that exceed these littoral shelf area requirements. (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 and 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. subiect to the following criteria: (1) 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. (2) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (3) The site shall be subiect to all applicable State or Federal regulations. m. Oil and gas exploration, subiect 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 Page 21 of 167 Words struek thnmgh are deleted, words underlined are added 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. ACCESSORY USES. The following uses are permitted as accessory to uses permitted as ofright or to approved conditional uses: a. Accessory Uses and structures that are accessorv and incidental to uses permitted as of right in Section 2.2.21;2.3.2 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. 3. CONDITIONAL USES. The following uses are permissible as conditional uses subiect to the standards and procedures established in section 2.7.4. a. Zoo, aquarium botanical garden. or other similar uses. 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, subiect 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 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 COlmty 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. 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 proiect. 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: Page 22 of 167 Words stmek thrOl:1gh. are deleted, words underlined are added ,.-.-- (2) preservation of the highest quality native vegetation; (3) connectivitv to adiacent natural reservations or preservation areas on adiacent developments; and (4) creation, maintenance or enhancement of wildlife corridors. c. The minimum proiect size shall be at least 40 acres. C. 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 2.2.2 Y>.3.B.2. above. In the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure tvPes, accessory, and conditional uses: l. DEVELOPMENT THAT IS NOT CLUSTERED: a. MINIMUM LOT AREA: 5 Acres. b. MINIMUM LOT WIDTH: l65 Feet. 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: lO percent of lot width, not to exceed 20 feet on each side. ( c) Rear Yard: 50 feet. 2. DEVELOPMENT THAT IS CLUSTERED: 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. 3. HEIGHT LIMITATIONS a. Principal: 35 feet b. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. Golf course/communitv clubhouses: 50 feet 4. FLOOR AREA. The minimum floor area for each dwelling unit shall be 800 square feet. 5. PARKING. As required in Division 2.3. 6. LANDSCAPING. As required in Division 2.4. 7. SIGNS: As required in Division 2.5. D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as set forth in Section 3.9.4.3. E. USABLE OPEN SPACE: l. Usable Open Space: Proiects of 40 acres or more in size shall provide a minimum of 70% usable open space. Page 23 of 167 Words struek tMoagh are deleted, words underlined are added -,---- 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. U sable 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. 2.2.2Y2.4. .. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generallv 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 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. ALLOW ABLE 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.I.B. g. Oil and gas exploration. subiect 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-30.00H2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all ap~licable 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 Cvoress 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)(l) through (12). F.A.C. 2. ACCESSORY USES. Accessory Uses and structures that are accessorv and incidental to uses permitted as of right in Section 2.2.2 Y2.A.l above. 3. CONDITIONAL USES. a. Those Essential services identified in Section 2.6.9.2.B. b. Public facilities. including solid waste and resource recoverv facilities. and public vehicle and equipment storage and repair facilities. shall be permitted within Section 25. Township 49S. Range 26E. on lands adiacent 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 gas field development and production. subiect 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 through 62C-30. F.A.C.. regardless of Page 24 of 167 Words struek tbr01:lgh are deleted, words underlined are added 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 pennitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas pennits for proposed oil and gas activities in Collier County, so long as the state pennits 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 Cvpress 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 pennitted uses 1.a, l.c. and l.d above, such as retail sales of produce accessory to fanning. 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) Florida Statutes (Florida Right to Farm Act), including water management facilities. to the extent and intensity that such operations exist at the date of any transfer of development rights. b. Cattle grazing on unimproved pasture where no clearing 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 rights after 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 after 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 parcel 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 records 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 ofthe 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.I.B. h. Oil and gas exploration, subiect to state drilling pennits 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 detennined to be practicable. This requirement shall be deemed satisfied upon issuance of a state pennit 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 Cvpress Watershed. as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental pennitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas pennits for proposed oil and gas activities in Collier County, so long as the state pennits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundarv of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cvpress 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 Page 25 of 167 Words stnlOk tmol:lgh are deleted, words underlined are added -.- 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.e. 2. CONDITIONAL USES a. Those Essential Uses identified in 2.6.9.2.B. b. Oil and gas field development and production. subiect 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 through 62C-30. F.A.e.. 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.e. 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.e. 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 for 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. e. DENSITY. 1. 1.0 dwelling units per 40 gross acres: or 2. 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. E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth 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. 2. PARKING. As required in Division 2.3. 3. LANDSCAPING. As required in Division 2.4. 4. SIGNS. As required in Division 2.5. Page 26 of 167 Words strnck tHnmgh are deleted, words underlined are added .-- * * * * * * 2.2.3 .2.I.Permitted uses. 1. Single-family dwelling. * * * * * * 4. Schools, public. including "Educational Plants." * * * * * * * * 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 di'.'isioB section 2.7.4: 1. Churches and other places of worship. * * * * * * * * 9. Ancillarv Plants. * * * * * * 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: 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 l:lp to 50 pereem. Note: For lots '.'.'BieR ae not eoaform t8 the miaimurn.let width or area requiremems, see defiaition of YBi'd, fro at. to 37.5 feet. so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit A) I ESTATES: CONFORMING CORNER LOT ROW ~ - - ---f>IL- - - - - - - - -~ - - - -- R.OW . I I FRONT SETBACK 37.5' REDUCED BY 50% + PfL 180' 75' 0( LOT 30' - WIDTH FULL FRONT :g SETBACK SIDE * SETBACr :E )( W I I SE~~;CKl30' ~ ~ _ _ _ _ _ - - - - - - --PIl- - -- * Example - lot Width may vary, but never ROW less than 150' - SETBACKS MEASURED FROM ROW. LINE R.O.W - WIDTH MEASURED BETWEEN PROPERTY LINES ROW. LINE PROPERTY LINE ~ - - ~ Page 27 of 167 Words strode throligh are deleted, words underlined are added 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 right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) I I ESTATES: NON-CONFORMING CORNER LOT ROW T ,.........- - - ----f'IL- - - - - - - .- -- - - - - - R.OW 15' ~~g~n~TBACK 105' 1 75' 10. ' LOT 10% LOT WIDTH FULL FRONT WIDTH SETBACK 10% LOT I ~ WIDTH P(L III ... _ _ _ - - - - - - ~~~ --PIL- - - - ~ :s :E )( W R.O.W ROW - SETBACKS MEASURED FROM ROW. LINE - WIDTH MEASURED BETWEEN PROPERTY LINES I ROW. LINE PROPERTY LINE - - - - I 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. * * * * * * 2.2.4.2.1. Permitted uses. l. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. 3. 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. Page 28 of 167 Words stnlek threugh are deleted, words underlined are added * * * * * * * * 2.2.4.4.4. Minimum yard requirements. 1. Front yard. * * * * * * * * 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 accessorv structures: 25 feet from all property lines. * * * * * * 2.2.5.2.1. Permitted uses. 1. Single-family dwellings. * * * * * * * * 5. 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. * * * * * * * * 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in divisioB section 2.7.4: 1. Churches and houses of worship. 2. Schools, pl:ll3lie aBd private. Also, "Ancillary Plants" for public schools. * * * * * * * * 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 UnitlFamily Dwelling 25' 10'* 20' Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessorv structures: 25 feet from all property lines. * * * * * * 2.2.6.2.1. Permitted uses. Page 29 of 167 Words struek thrOligfl. are deleted, words underlined are added 1. Multiple-family dwellings. * * * * * * * * 6. Educational Plants: however, any high school located in this district is subiect to a compatibilitv review as described in Division 3.3. of the code. * * * * * * * * 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-l2), subject to the standards and procedures established in division section 2.7.4: 1. Child care centers and adult day care centers. * * * * * * * * 5. Schools, pl*hlie aFld private. Also, "Ancillary Plants" for public schools. * * * * * * * * 2.2.6.4.3. Minimum yard requirements. 1. Front 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. * * * * * * 2.2.7.2.1. Permitted uses. 1. Multiple-family dwellings. * * * * * * * * 4. Educational Plants; however. any high school located in this district is subiect to a compatibilitv review as described in Division 3.3. of the code. * * * * * * * * 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 divisioFl section 2.7.4: 1. Child care centers and adult day care centers. * * * * * * * * 5. Schools, paelie aBd private. Also, "Ancillary Plants" for public schools. * * * * * * * * 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. * * * * * * * * Page 30 of 167 Words strnek tlrrotlgh are deleted, words underlined are added 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all propertv lines. b. For accessory structures: 25 feet from all propertv lines. * * * * * * 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in division section 2.7.4: 1. Churches and other places of worship. * * * * * * * * 8. Ancillarv 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. * * * * * * * * 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all propertv lines. b. For accessory structures: 25 feet from all propertv lines. * * * * * * 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. * * * * * * * * 6. 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. * * * * * * * * 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in divisi.en section 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. * * * * * * * * 7. Schools, fll:1blie and private. Also. "Ancillarv Plants" for public schools. * * * * * * * * 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: Page 31 of 167 Words struek throegn are deleted, words underlined are added Single- Duplex MuItiple- Accessory Conditional 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 lOO feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 2.6.2 35 feet Side yard 5 feet* 15 feet 15 feet Section 2.6.2 15 feet Rear yard 20 feet 30 feet 30 feet Section 2.6.2 30 feet *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 accessorv structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be detennined 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 Collier County Growth Management Plan, not to exceed the above specified density for each use. * * * * * * 2.2.10.2.1. Permitted uses. 1. Mobile homes. * * * * * * * * 5. 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. * * * * * * * * 2.2.10.4.3. Minimum yard requirements. * * * * * * * * 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. * * * * * * Page 32 of 167 Words strnek thnmgh are deleted, words underlined are added 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). * * * * * * * * 7.Educational Plants. ':I--: 8. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. S 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. S 65l and ch. 4-193 F.A.C.; all subject to section 2.6.26. g., 2..:. Offices for engineering, architectural, and surveying services (groups 078l, 8711--8713). 9-, .lQ, Health services (8011--8049). .w:. ll:. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). +h lb Insurance carriers, agents and brokers (groups 6311--6399, 6411). +2-, rr. Legal services (8Ill). .g, H:. Management and public relations services (groups 874l--8743, 8748). -1412:. Miscellaneous personal services (7291 or 7299, debt counseling only). ~ 16. Nondepository credit institutions (groups 6141--6163). -l-&.- 1L Photographic studios (7221). .f.::f--: ~ 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). +&. ~ Real estate (groups 6531--6552). .f.9. 20. Shoe repair shops and shoe shine parlors (725l). ~ 2L Security and commodity brokers, dealer, exchanges and services (groups 6211--6289). u., 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. * * * * * * * * 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-l) commercial professional and general office district, subject to the standards and procedures established in division section 2.7.4.: 1. Ancillarv Plants. +.- 2. Automobile parking (7521), garages-automobile parking, parking structures. b 1, Churches and other places of worship. J.:. 4. Civic, social and fraternal associations (8641). 4., 2:. Depository institutions (groups 6011--6099). ~ Q., Educational services (8211--8231, except regional libraries). ~ 7. Homeless shelters, as defined by this Code. ':I--: ~ Increased building height to a maximum of 50 feet. g., 9. Mixed residential and commercial uses subject to the following criteria: Page 33 of 167 Words struck through are deleted, words underlined are added 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-l 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; 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; 1. 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 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); j. The mixed commerciaVresidential 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. 9-: lQ., Nursing and personal care facilities (8082). -Uh.lL. Funeral service (7261 except crematories). +h.1b Religious organizations (8661). +b Q Soup kitchens, as defined by this Code. ~ 11:. Veterinarian's office (0742), excluding outdoor kenneling. -l4,li. 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. * * * * * * * * 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 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. * * * * * * 2.2.13.2.1. Permitted uses. Page 34 of 167 Words stnlek thrOl:lgH are deleted, words underlined are added 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. * * * * * * * * 5. Educational Plants. ~ Q.,. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 542l--5499). ~ 1:. Gasoline service stations (5541 subject to section 2.6.28). +,~ General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). &-: 2.., 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-l93 F.A.C.; all subject to section 2.6.26. ~.ul Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). -W.lL Health services (groups 801l--8049, 8082). +h lb Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 573l--5736). +b 11. Libraries (8231) except regional libraries .g,H:. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). -l4,.li:. Miscellaneous retail services with l,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). ~ lQ.,. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). ~ 1L.. Personal services (groups 7212, 7215, 722l--7251, no beauty or barber schools, 7291). +f.,.lli, United States Postal Service (4311 except major distribution center). +&-:.l2.:. Veterinary services (0742 excluding outside kenneling). +9-: 20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (784l). * * * * * * * * 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 established in ffiyisioR section 2.7.4.: 1. Ancillarv Plant. -h L Educational services (8221, 8222) except regional libraries. b 1:. Homeless shelters, as defined by this Code. J. 4. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to d.Qivision 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; Page 35 of 167 Words struck threHgh are deleted, words underlined are added 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 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 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. 4,.i, 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. e.: L. Soup kitchens, as defined by this Code. +-: ~ 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. * * * * * * * * 2.2.13.4.3. Minimum yard requirements. 1. Front yard. 25 feet. * * * * * * * * 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all propertv lines. b. For accessory structures: 25 feet from all propertv lines. * * * * * * 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. * * * * * * * * 7. Educational Plants. +-: ~ Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). Page 36 of l67 Words strnek through are deleted, words underlined are added &.: 9. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 9.,.lQ, 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-l93 F.A.C.; all subject to section 2.6.26. -Uh 11. [Reserved.] +h lb Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 57l2--5736). +b li Libraries (8231). -l* H:. Marinas (4493), subject to section 2.6.22. M..-li:. Membership organizations (861l--8699). ~ .l2:. 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). M-:lL Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 59l2--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). -l*.lli:. Museums and art galleries (84l2). +S-:.l2.:. Nondepository credit institutions (groups 6111--6163). +9-, 20. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). ~ IL. 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, depilatory 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- -966l ). ~ 24. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). ~ 2i. 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). Uh 27. United States Postal Service (4311 except major distribution centers). :Jrl-: 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. * * * * * * * * 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 di',isloR section 2.7.4.: Page 37 of 167 Words strnek threl:lgh are deleted, words underlined are added 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. b J.:. 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. J., 4. Educational services (8221,8222). ~2, Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). ~ ~ Homeless shelters, as defined by this Code. &. L Hospitals (groups 8062--8069). +-: ~ Justice, public order and safety (groups 9211,9222,9224,9229). &., ~ Social services (8322--8399). 9., ill 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 area of the building or the density pennitted 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; 1. 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 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 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. -Uh lL Motion picture theaters, except drive-in (7832). +h lb Pennitted 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. +b rr Pennitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. +J., ~ Pennitted use with less than 700 square feet gross floor area in the principal structure. Page 38 of 167 Words stnlek thrcmgh are deleted, words underlined are added -l4.- 12, Soup kitchens, as defined by this Code. ~ l.Q., Vocational schools (8243--8299). -l4lL 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. * * * * * * * * 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. * * * * * * * * 6. Yard Reauirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. * * * * * * 2.2.15.2.1. Permitted uses. 1. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. * * * * * * * * 4. Ancillary Plants. 4., i:. 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). ~ Q., Automotive repair, services, parking (groups 7514, 7515, 752l except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. 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. 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 l8,000 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 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. Page 39 of 167 Words struek tbroagh are deleted, words underlined are added f. A rchitecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-l7, 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. 1. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.rn. to 7:00 a.m. e,. L. 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 - telephone, 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). ~ 2.., Commercial printing (2752, excluding newspapers). 9-, lQ., Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. -Uh lL 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.l0. 12. Educational Plants. +h li Educational services (8221,8222) ~ li, Engineering, accounting, research, management and related services (groups 8711-- 8748). ~!i:. Food stores (groups 5411--5499). -t4, ~ General merchandise stores (5311). ~ lL. 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. -l4ll..,. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). +7-:-12., Hotels and motels (groups 70ll, 7021, 704l when located within an activity center). -l-8-:- 20. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. +9,. ll. 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 cleaning, 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). ~ 22. Miscellaneous retail (groups 5912-5963,5992-5999). ~ 23. Motion picture theaters (7832). ~ 24. Public or private parks and playgrounds. Page 40 of 167 Words stmdc tB.n:mgh are deleted, words underlined are added ~ ~ Personal services (groups 7215, 72l7, 7219, 7261 except crematories, 7291--7299). ~ 26. Real estate (group 6512). ~ 27. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). ~ 28. [Reserved.] n 29. Vocational schools (groups 8243--8299). * * * * * * * * 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the height of the building as measured from 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 provide an additional one foot of setback for each foot of building height in excess of 50 feet. * * * * * * * * 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. * * * * * * 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillarv Plants. b 1, Auctioneering/auction houses (groups 7389, 5999). ,;., 4. Automotive dealers and gasoline service stations (groups 551l--5599). 4-: i:. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: a. [Size of vehicles.] 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 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. Page 41 of 167 Words stmek thre\:lgh are deleted, words underlined are added 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. 1. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. ~ Q..,. Building construction--General contractors (groups 1521--1542). & L. Building materials (groups 5211--5261). +. ~ Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories- telephone, recording studios, swimming pool cleaning, and textile designers only). g., 2.,. Construction--special trade contractors (groups 1711--1793, l796, 1799). 2. Educational Plants. 9.lJ.., Education services (groups 8243--8249). +G.lb Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). +h li Fishing, hunting and trapping (groups 0912--0919). +2. H.., Glass and glazing work (1793). .g, li. Crematories (7261). -l4: l2.:. Justice, public order and safety (groups 921l, 9221, 9222, 9224, 9229). ~.1l Local and suburban transit (groups 411l--4l21). -M. ~ Mobile home dealers (5271). ++.l2.., Miscellaneous repair services (groups 7622--7699). .}.g., 20. 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. -l9. I1. Printing, publishing, and allied industries (groups 2711, 272l). ;w., 22. Transportation services (groups 4724--1729). * * * * * * * * 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. * * * * * * * * 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. Page 42 of 167 Words struek through are deleted, words underlined are added * * * * * * 2.2.16.2.1. Permitted uses. 1. 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, 072l, 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 district, 0722-0724, 076l, 0782,0783). 2. Apparel and other finished products (groups 2311-2399). 3. Ancillary Plants. J.: 4. Automotive repair, service, and parking (groups 7513-7549). ~ 2:. Barber shops (group 7241). ~ 6. Beauty shops or salons (7231). ~ 7. Building construction (groups 1521-1542). +. ~ Business services (groups 7312, 7313, 73l9, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use). &. 2.:. Communications (groups 4812--4899 including communications towers up to specified heights, subject to section 2.6.35). 9., lQ,. Construction-Special trade contractors (groups 1711-1799). -Ul-: II Crematories (7261). -!-h.!b Depository and nondepository institutions (groups 6011-6163). +b l1. Eating places (5812). -l-J-, ~ Educational services (8243-8249). -!4l2:. Electronic and other electrical equipment (groups 3612-3699). ~ lQ,. Engineering, accounting, research, management and related services (groups 8711- 8748). -l4-!L. Fabricated metal products (groups 3411-3479, 3491-3499). +f,; ~ Food and kindred products (groups 2011-2099 except slaughtering plants). -l-&. .l2..:. Furniture and fixtures (groups 2511-2599). +9. 20. General aviation airport. ;w., IL Gunsmith shops (groups 7699) ~ 22. Heavy construction (groups l61l-l629). ~ 23. Health services (8011 accessory to industrial activities conducted on-site only). ~ 24. Industrial and commercial machinery and computer equipment (3511-3599). ~ 25. Insurance agents, brokers, and service, including Title Insurance (group 6361 and 6411 ). ~ 26. Leather and leather products (groups 3131-3199). ~ 27. Local and suburban transit (groups 4111--417 3). n 28. Lumber and wood products (groups 2426, 2431-2499). Page 43 of 167 Words strnek tlKoagh are deleted, words underlined are added ~ 29. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812-3873). ;w., 30. Membership organizations (groups 8611, 8631). JQ., R Miscellaneous manufacturing industries (groups 3911-3999). J.h 32. Miscellaneous repair services (groups 7622-7699) with no associated retail sales. ;Q. Jl Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). JJ.:. 34. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. J4-:}2, Paper and allied products (2621-2679). ~ 36. Personal services (groups 7211-7219). ~ 37. Physical fitness facilities (group 7991). J:l--: 38. Printing, publishing and allied industries (groups 2711-2796). J.8..: 39. Railroad transportation (4011, 4013). J9.: 40. Real estate brokers and appraisers (6531). 4(h 11. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 4-h 42. Shooting range, indoor (group 7999). ~ 43. Stone, clay, glass, and concrete products (groups 3221, 3251,3253,3255-3273,3275, 3281). 4J..:. 44. Textile mill products (groups 2211-2221, 2241-2259, 2273-2289, 2297, 2298). 44: 45. Title abstract offices (group 6541). ~ 46. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 376l, 3764, 3769, 3792, 3799). 4&.:- 47. Transportation by air (groups 4512-4581). 4+.- 48. Transportation services (groups 4724-4783,4789 except stockyards). ~ 49. United States Postal services (4311). 49-: 50. Welding repair (7692). w., .ll:. Wholesale trade-Durable goods (groups 5012-5014, 5021-5049, 5063-5092, 5094-5099). g.,. 52. Wholesale trade-nondurable goods (groups 5111-5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192-5199). * * * * * * * * 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. * * * * * * * * 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. * * * * * * Page 44 of 167 Words struek thrm:lgH are deleted, words underlined are added Sec. 2.2.17. Conservation District (CON District). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent ofthe ~~onservation @istrict (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 iustify attempts to maintain these important natural resources. Barrier Islands. coastal bavs. wetlands. and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON District must be sub' ect to ri orous review to ensure that the im acts of the develo ment do not destroy or unacceptablv 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 Estuarine 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 aQistrict to require review of all development proposed within the CON @istrict to ensure that the inherent value of Collier County's natural resources is not destroyed or unacceptably altered. The CON @istrict corresponds to and implements the conservation land use designation on the future land use map of the Collier County growth management plan. The m&x}mtuR s'eesity permissib16 in the oonserva:t;ioR aistflet shall be as provided in the eemservatien aistriet of the future lana \1se l!IleFBtlnt of the grov/th management plan. 2.2.17.2. PERMITTED ALLOW ABLE USES. The following uses are permitted as of right, or as ases ace6ssoI)' to permittea \1ses, allowed in the CON District. 2.2.17.2.1 A. USES PERMITTED AS OF RIGHT. 1. Pl:1hlid-y o,vBed parks 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 mav be incidental to. and in support of. conservation uses. 3. Passive parks. and other passive recreational uses. including. but not limited to: bhGopen space and recreational uses~~ Q,. Bbiking, hiking, canoeing, and nature trail&;~ ~ l1,equestrian paths~: and d. Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Family and Group Care Facilities. 6. Siede family c,hvelliBe:s. 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 .3l62( 4) and 823 .14( 6) Florida Statutes. ~8.0il 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-30.00H2). 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 boundarv of the Big Cvoress Watershed, the applicant shall be responsible for convening the Big Cvoress 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 Cvoress 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. 9. The following Essential Services: Page 45 of 167 Words struek through are deleted, words underlined are added a. Private wells and se tic tanks necessa to serve uses identified in1 throu h 8 above. b. Utili lines necessa to serve uses identified inl throu h 8 above with the exception of sewer lines. c. 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 an NRP A Lands in the CON District; 2 Such sewer lines or lift stations shall be located with alread cleared portions of existing rights-or-way or easements; and (3) Such sewer lines or lift stations are necessarY to serve a central sewer svstem that provides service to Urban Areas or to the Rural Transition Water and Sewer District. d. Water in stations necessa to service a central water s stem rovidin 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. 2.2.17.3. ~CONDITIONAL USES. The following uses are permitted as conditional uses in the COBs6fV&tieR district 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 s ecies and their habitat are ade uatel rotected' 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. 1. ExtractieB ami related precessieB aBd preffiiction. 2. Cffilrcaes aBd heases ofwership. 3. Cemeteries. 4. Scheel!>. 5. Eart1:lmiaiag. 6. "'\griculmre. +.-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 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-30.00H2). All applicable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all applicable federal and/or state oil and gas permits for ro osed oil and as activities in Collier Coun so Ion as the state ermits com 1 with the re~uirements of Chapter 62C-25 through 62C-30. F.A.C. For those areas ofColIier Coun outside the boundarv of the Big Cypress Watershed. the applicant shall be responsible for convening the Big CyPress Swamp Advisorv 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 necessarv for the public safety. 3. Commercial uses accessorv to permitted uses A.3. A.4. and A.7 above. such as retail sales of produce accessory to farming. or a restaurant accessorv to a park or preserve. so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. 4. Staff housing in coni unction with safety service facilities and essential services. 2.2.17.4. DESIGN CRITERIA. Page 46 of 167 Words strnek threugh are deleted, words underlined are added A. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2.17.1.2. Minimum lot width. One hundred tlfty feet. 2.2.17. 4.3. Minimum yard requirements. -hlb. Front yard. 50 feet. ~1h.Side yard. 50 feet. ~~Rear yard. 50 feet. 2.2.l7.1.1. Maximum height. Thirty-five feet. 2.2.l7.<1.5. B. MAXIMUM DENSITY AND INTENSITY. 1. Single familv dwellings and mobile homes -B lb. One dwelling unit for 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. ~ b. Within the Big Cvoress National Preserve, one dwelling unit per 3 gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than 3 acres, withiR the Big CYflress Natieaal Preserve the maximwR aeRsit)' shall 'ee ORe lIDit fer each three gress acres. 2. Familv 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. S ortin and Recreational Ca er 5 ross acres which ma be achieved through clustering. 5. Staff housin : er 5 ross acres which ma be achieved throu h clustering. 2.2.17.<1.6. C. OFF-STREET PARKING. As required in Qdivision 2.3. 2.2.17.4.7. D. LANDSCAPING. As required in Qdivision 2.4. 2.2.17.4.8 E. SIGNS. As required in Qdivision 2.5. * * * * * * 2.2.18.2.1. Permitted uses. 1. Administrative service facilities. * * * * * * 6. Educational Plants. a., 1:. Essential public service facilities. +.1L Fairgrounds. &., 9. Libraries. 9-: lQ,. Museums. Page 47 of 167 Words struck threl:lgh are deleted, words underlined are added -l-(h.l.L Park and recreational service facilities. +h.!b Parking facilities. +b.1l. Safety service facilities. ~ .M:. Any other public structures and uses which are comparable in nature with the foregoing uses. * * * * * * * * 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 established in division section 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. b 3. Animal control. J..,:h Detention facilities and jails. ~ ~ Detoxification facilities. ~ 2:. Electric or gas generating plants. ~ L. Incinerators. +, ~ Major maintenance and service facilities. &., 2., Mental health and rehabilitative facilities, not for profit. 9.,.lQ, Resource recovery plants. -l-(h.l.L Rifle and pistol range for law enforcement training. +h.!b Sanitary landfills. +b.1l. Any other public uses which are comparable in nature with the foregoing uses. ~.M:. Earthmining. * * * * * * * * 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining 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 accessorv structures: 25 feet from all propertY lines. * * * * * * 2.2.19.2.l. Permitted uses. l. Child care centers. * * * * * * * * 7. Public, private and parochial schools. This includes "Educational Plants" for public schools. * * * * * * * * Page 48 of 167 Words struek tMElHgh are deleted, words underlined are added 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 divisiEln section 2.7.4: 1. Ancillarv Plants. +: 2. Archery ranges. b 1. Cemeteries. J.:. 4. Community centers. 4-: ~ Golf driving ranges. ~ 2.:. Group care facility (category II, care unit), subject to section 2.6.26. &.- L Marinas, boatramps. ':/-; ~ Private clubs, yacht clubs. &.: 9. Public swimming pools. 9-,.!!L Tennis facilities. * * * * * * * * 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 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. * * * * * * ublic school facilities within a lanned unit develo ment. 2.2.20.7.1. Permitted facilities. 2.2.20.7.2. 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. * * * * * * 2.2.27 Rural Lands Stewardship Area Overlay District Design Standards * * * * * * 2.2.27.2 Definitions. As used in the RLSA District Regulations. the terms below shall have the meanings set forth below. to the exclusion of anY meanings ascribed to such terms in Division 6.3.: 1. Accesso Dwellin Unit - a dwellin unit that is su lemental and subordinate to a dwelling on the same premises. limited to 650 square feet. Page 49 ofl67 Words stmek tlH"sligh are deleted, words underlined are added +.- 2. Baseline standards _ Baseline standards are the allowable uses, density, intensity and other land development regulations assigned to land within the RLSA District by the GMP, Collier County Land Development Regulations and Collier COlmty Zoning Regulations in effect prior to July 25, 2000, and subject to the further provisions of section 2.2.27.8. 3. Bui/din Stories. or anizations or foundations dedicated to the arts education, government and religion. b5. Compact rural development (CRD) - Compact rural developments are a form ofSRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. 6. Context Zones ~ L Designation _ Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. 4, ~ FSA _ flow way stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District. ,).,~ Hamlet _ Hamlets are a form ofSRA and are small rural residential areas with primarily single-family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. &1iL HSA _ habitat stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. -1,lL Land use _ land cover indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (Florida Department of Transportation 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321, 411, 4119, 425, 434, 439, 428); Group 3 (211,212,213,214,221,222,241, 242,243,250,260,261,310,329,330,422,510, 52l, 523, 533, 534); and Group 4 (all others). %oR Land use layer (layer) _ Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. 9-,U:. Land use matrix (matrix) - The tabulation of the permitted and conditional land uses within the baseline standards set forth in section 2.2.27.9.BA, with each land use layer displayed as a single column. -l4~ Listed species habitat indices - One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCCS, as 310, 321, 411, 425, 428, 434, 617,6172,621,6218,6219,624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence ofa listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. +h~ Natural resource index (index) - A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of Page 50 of 167 Words stl1:lek tlrreagh are deleted, words underlined are added land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship overlay delineation, proximity, listed species habitat, soils/surface water, restoration potential, and land use/land cover. ~lQ., Natural resource index map series (index maps) - The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. -tJ-:lL Natural resource index value (index value) - The sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the index. 18. services M,ll., Open space _ Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be cowlted as part of any open space calculation. 22.Pathwav _ A defined corridor for the primarY use of non-motorized travel. B-: 23. Post secondary institution ancillary uses - Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. +&. 24. Proximity indices _ One of the indices comprising the natural resource index value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. ++:- 25. Restoration potential indices _ One of the indices comprising the natural resource index value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. +&. 26. Restoration zone _ Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. -l-9. 27. RLSA District _ Rural Lands Stewardship Area Zoning Overlay District - The area generally depicted on the future land use map and specifically depicted on the official zoning atlas map as the rural lands stewardship area overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. ~28. RLSA overlay map _ The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, restoration zone, and open. u., 29. RLSA district regulations - Collier County Land Development Code Section 2.2.27. ~30. Soils/surface water indices - One of the indices comprising the natural resource index value ofland, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). Page 51 of 167 Words stmek tm81:lgh are deleted, words underlined are added 3l. S ecial Districts An area dedicated for certain uses that cannot be inco orated into one of the Context Zones. S ecial Districts rovide for the inclusion ofuni ue uses and develonment standards not otherwise defined in a context zone. ~ 32. SRA _ Stewardship receiving area - A designated area within the RLSA District that has been approved for the development of a hamlet, village, town or CRD and that requires the consumption of stewardship credits. ~33. SSA _ Stewardship sending area - A designated area within the RLSA District that has been approved for the generation of stewardship credits in exchange for the elimination of one or more land use layers. U-: 34. Stewardship credit (credit) _ A transferable unit of measure generated by an SSA and con~ed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre ofland as provided in section 2.2.27 .10.B.2. u,~ Stewardship credit database _ A database maintained by the county that keeps track of all of the credit transactions (generation of credits through SSA designation and the consumption of credits through SRA designation) approved by the county. :J:+-: 36. Stewardship credit system _ A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. ~37. Stewardship credit worksheet - An analytical tool that manually describes the stewardship credit calculation process including the natural resource index and land use layer components. The worksheet can be used to document proposed changes to the index component during the SSA and SRA designation processes. ~38. Stewardship overlay designation - One ofthe indices comprising the natural resource index value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where land use layers 1 through 3 are removed, Restoration Zone. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. 39. Sto _ That ortion of a buildin included between a floor which is calculated as art of the building's habitable floor area and the floor or roof next above it. in which the walls at ~1.L Town _ Towns are a form ofSRA and are the largest and most diverse form ofSRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several villages and/or neighborhoods that have individual identity and character. 42. Town Center _ A definin Context Zone that is intended to rovide a wide ran e of uses includin dail oods and services culture and entertainment and residential uses within a Town. The Town Center is an extension of eth Town Core however the intensi is less as the Town Center serves as a transition to surroundin J nei hborhoods. ~44. Village _ Villages are a form of 8RA and are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. uses. J.b 46. WRA _ Water retention area - Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural water retention areas and that provide surface water quality and other natural resource value. Page 52 of 167 Words struck thrsligh are deleted, words underlined are added * * * * * * 2.2.27.10. SRA DESIGNATION * * * * * * G. Master plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable growth management plan policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and conservation lands on the RLSA overlay map. l. Master plan requirements. A master plan shall accompany an SRA designation application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and conservation lands on the RSLA overlay map. The plan shall be designed by an urban planner who possesses an AICP certification, together with at least one of the following: a. A professional engineer (P .E.) with expertise in the area of civil engineering licensed by the State of Florida; b. A qualified environmental consultant per seet4eB Division 3.8 of the LDC; or c. A practicing landscape architect licensed by the State of Florida. * * * * * * J. Design criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177(11), F.S. and OJ-5.006(5)(l). The size and base density of each form ofSRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the density rating system of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through stewardship credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. l. SRA Characteristics. Characteristics for SRAs designated within the RLSA district have been established in the goals objectives and policies of the RLSA overlay. All SRAs designated pursuant to this section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Town' Village Hamlet Compact Rural Development Characteristics Size (Gross 1,000--4,000 acres 100--1,000 acres 40..100 acres" 1 00 Acres or less" Greater than 100 Acres" Acres) Residential 1--4 DUs per gross acre'" 1--4 DUs per gross acre'" 112..2 DUs per gross acre**' 112..2 Dus per gross acre'" 1--4 Dus per gross acre**' Untts (DUs) per gross acre base density Residential Full range of single family Diverstty of single family and Single Family and Iimtted Single family and Iimtted Single family and Iimtted Housing Styles and multi-family housing multi-family housing types, multi-family multi-family**" mutti-family"" types, styles, lot sizes styles, lot sizes Maximum Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Floor Area CiviclGovemmentaVlnslttutio CiviclGovernmentaUlnstttutio CiviclGovernmentaVlnstttutio CiviclGovernmentaVlnstttutio CiviclGovemmentaVlnstttutio Ratio or n -.6 n -.6 n -.6 n -.6 n -.6 Intensity Manufacturing/Light Industrial Group Housing - .45 Group Housing - .45 Group Housing - .45 Group Housing - .45 - .45 Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Group Housing - .45 net net net net Transient Lodging - 26 upa net Goods and Town Center wtth Communitv Villaoe Center wtth Convenience Goods and Convenience Goods and Villaoe Center wtth Page 53 ofl67 Words struck fureagh are deleted, words underlined are added Services and Neighborhood Goods NeighborhOod Goods and Services: Minimum 10 SF Services: Minimum 10 SF NeighborhOod Goods and and Services in Town and Services in Village Centers: gross building area per DU gross building area per DU Services in Village Centers: Village Centers: Minimum 65 Minimum 25 SF gross Minimum 25 SF gross SF gross building area per building area per DU building area per DU DU; Corporate Office, Manufacturing and Light Industrial Water and Centralized or decentralized Wastewater community treatment system Interim Well Centralized or decentralized and Septic community treatment system Interim Well Individual Well and Septic Individual Well and Septic Centralized or decentralized and Septic System: Centralized or System: Centralized or community treatment system decentralized community decentralized community Interim Well and Septic treatment system treatment system Recreation Community Parks (200 Parks & Public Green Spaces and Open SF/DU) with Neighborhoods Spaces Parks & Public Green Spaces Active Recreation/Golf with Neighborhoods Courses Active Recreation/Golf Lakes Courses Open Space Minimum 35% Lakes ofSRA Open Space Minimum 35% ofSRA Public Green Public Green Spaces for Parks & Public Green Spaces Spaces for NeighborhOods (Minimum with NeighborhOods Neighborhood 1 % of gross acres) Active Recreation/Golf s (Minimum Courses 1 % of gross Lakes acres) Open Space Minimum 35% ofSRA Civic, Wide Range of Services - Moderate Range of Services Limited Services Limited Services Moderate Range of Services Government minimum 15 SF/DU _ minimum 10 SF/DU; Pre-K through Elementary Pre-K through Elementary _ minimum 10 SF/DU; and Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools Institutional Services Transportation Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto. interconnected system of collector and local roads; of collector and local roads; of local roads of local roads of collector and local roads; required connection to required connection to Pedestrian Pathways Pedestrian Pathways required connection to collector or arterial collector or arterial Equestrian Trails Equestrian Trails collector or arterial Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and pathway system pathway system pathway system County T ran sit Access Equestrian Trails Equestrian Trails County Transit Access County Transit Access * _ Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and policies. ** _ Villages, hamlets, and compact rural developments within the ACSC are subject to location and size limitations, per policy 4.20, and are subject to Chapter 28-25, FAC. *** _ Density can be increased beyond the base density through the affordable housing density bonus or through the density blending provision, per policy 4.7 **** _ Those CRDs that include single or multi-family residential uses shall include proportionate support services. Underlined uses are not required uses. b. Streets within SRAs shall be designed in accord with the cross-sections set forth in Fi",ures l-22 below as more s ecificall rovided in J.2 throu h J.5. Alternatively, Collier Countv Transportation Services maY aoprove additional cross-sections as needed to meet the design obiectives. (1) Figure 1: Town Core/Center. Page 54 of 167 Words struck thr81:igh are deleted, words underlined are added ,.w. 31' f-' G\Sn.. . , IIEW. IDIL 1'alfJ1-I =-Ci:N!iR I'1GU 1 ..,..... (2) Figure 2: Town Core/Center. ~ ~ JIElM. lIEN. w.l1-I =tCEN!iR FlCUR 2 ..,..... Q) Figure 3: Allev: Town Core/Center. awUE_ IULIlIC !Ii 2'" (o'S\IIHW" 01 .ac ...... I'f lJMlllf'B'S D1Ill~ . /lI..Lfl TOWI-I CORWl:ENTEJi! FlClIJR 3 ILT" (4) Figure 4: Town Core/Center 110. ,... .' ,'"~&lff~~?""-'. ?"~ I':"'~"" J<'*'~' ......- ...",.. :~""~ TOWN CXIRfil:ENHR {nl'~ FlGlJIl 4- ILT'" (5) Figure 5: Town Center Page 55 of167 Words struek thrs1:iga are deleted, words underlined are added fO'IlI l:EIflt:R f1ClJRE ~ ILT'" (6) Figure 6: Town Center . .10. +- ~l -:('"". ...... l ~ Ig' '~"~.' : &.Ww. ' ' <J:~ I ~ : \ \ 1lEl1lL I IIloGL I 'r 01_ II cama TQWN CEtm:R f1WRE 6 11I.1.1. f..7) Figure 7: Neighborhood General. lH" RoOHI. .. Q Q ldElt:lHIlORHDOD aElllERN.- f1Q..1RE 7 ..T.1. (8) Figure 8: Neighborhood General. Page 56 of167 Words strnek threugh are deleted, words underlined are added NElGHBCAl"tOOO GENER'L RClIJRE e. iii.'.. (9) Figure 9: Neighborhood General. ~1+, "~ '-;, tlEllfHIlCRHOOD QEtlEIlJ'l.. f1r.;uIU: II liT... (10) Figure 10: Neighborhood General. .. . '11~ . ;;J ,., ~ J'>#t~:1:-. ;;J , ",,',1" ,.~\):~,":,~~,,:;,!~ .' \~ 1Cl' .' .~.; .~'4~pf. i1f.. ~:", ;::. ,,'\,0< ,.. ~: ,.', ' ""W... ,''''- ''''<,J~, ~, ,- ~ ",', ,,...., ,:<t -0; ,"J ';g1!i~fJ,(;;~i'" ":niot:"'r _ . tuIlEI NEI~HaoRHOOD GENEIiJ'L. FIGURE '0 ~l'" (1n Figure 11: Neighborhood General. TL ~ ~fY' J; .', .~" ,,*..~ ~ \ \ ! ~ I I-IElGHE!IORHOOD GEIIEIW. f1li1JRE 11 IL"'" Page 57 of 167 Words strnek tBrBllgh are deleted, words underlined are added .,.-- (12) Figure 12: Neighborhood General JQ ~~.~' ,- TlI -... ~ l::'n. tlElGHBORHOOC GEI-IEm I'I6URE 12- ........ (13) Figure 13: Allev: Neighborhood General. tWo 30' IlOIII, 111....... ll!lIU'IlW. _1IENlII\I. I 10' 1" it1" I ='00 ~~I : I.' r: ..~,. ~"I.. ,",,>'-1\,,~'>' -,' "c.",' ''''!' '.A'(t;, ' .,:r,p:'" , , " ':i/2l\0, ';'< (,~, " ":.l;t[\~,,,.'\, .:__,~".. .,'-1'.),,<" ~ ........... ;,<\;il'!",.-ic. :M::==..::?>I"':',,\;17;' ~!, ,:,' ~Nu~' IDIIE 1IIW1111'11 AULY EDCI! _tlIEIIT NElClHBOlIHDOO GIJIIERAL FleUR(: 1 J tt.u (14) Figure 14: Neighborhood General. fi_~ .- I 1 I " $'~~ \~~v ~~"~""'~L't.... < '",;('1h NElClHBlIftHOOO GENEJll\L FIGURE 14 tt.T,! (15) Figure 15: Neighborhood General. Page 58 of 167 Words struek tbrsl1gh are deleted, words underlined are added NEllfH",,'UiDCC tEl\EPA RGUF!E 15 us (16) Figure 16: Neighborhood General. "'D."'. IM__ ~ fi m '/IPIc "!II: .... ];J ....1Il1llW&Z IN) (/EID1" -~. '~ NEllilHBORHDCD GElIERIL f1GUF!E 111 M,TS ( 17) Figure 17: Neighborhood General. .. UI'w, NII'I.... . laD " ~,rJf.~r.-' lICllIIJIl.E-. "'u.. '1" ~EG!9CRHQOD OENERAL FlrlURE 1J UT'" (18) Figure 18: Neighborhood General. - lllm II.t\1/. 1Dl"~ II.~ .1115' ! .' . . . -'-a~T1.&f ,2.' i I' :1..__ lJ Q , I ! 1.' "' t i I Nilt:lllli TFWm. [, , , , I .- " ,_1M; IA_ IWI.fIiI5 ME - FCl' IWlIIIiIIIMi ~ (IV. L IJlI\NIfNI OIl ..... .. 11I'II .... 8F11'f1tAUB UE lID /Ii IRl TD IDIlIlll. 1lET.' ..... NEDlg~OQD CENERAl. flllURE '8 No'. Page 59 of 167 Words struek threagh are deleted, words underlined are added (19) Figure 19: Neighborhood Edge, WE 2:l' ]tI'~ Ir =t' I~ ldElGl-lIlORHCOD EDGE RlfUfi!E HI ....50 (20) Figure 20: Neighborhood Edge. Il!' NElQ-tSORHOOO EDQE F1GUfi!t 20 ..u. (21) Figure 21: Neighborhood Edge, ldCC~BQRHQOD EDCE f1GURE ~, Il.ilio (22) Figure 22: Neighborhood Edge With or Without Median lUll'" !" I l!1' " lI' .. ,.~. N;J\lI'BlRHClDD ED~E lI!'YD MEDL".N FlfilJRE 22- W.T.s Page 60 of 167 Words strnek tBr9\:lgh are deleted, words underlined are added 2. Town Design Criteria. tReserved! a. General design criteria. (1) Shall be compact. pedestrian-friendlY and mixed-use~ 2 Shall create an interconnected street s reduce the length of automobile trips~ (3) Shall offer a range of housing types and price levels to accommodate diverse a es and incomes' Accesso dwellin units shall not ~ount towards the maximum allowed density. (4) Shall include school sites that are sized and located to enable children to walk or bicycle to them~ en s aces includin nei hborhood and rounds distributed throu hout the (6) Shall include both community and neighborhood scaled retail and office uses; 7 , Shall have urban level services and infrastructure which su orts ~evelopment that is compact. including water management facilities and related structures. lakes, community and neighborhood parks, trails, temporarY construction, sales and administrative offices for authorized contractors and consultants landsca e and hardsca e features fill stora e and site filling and grading, which are allowed uses throughout the community. (10) 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 trans ortation network shall rovide for a hi h level of mobili 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. c, Qpen Space and Parks (1) Towns shall have a minimum of 35% open space. 3 Towns shall have assive or active arks la or courtyards as appropriate within each Context Zone, d, 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 ran e of uses within walkin Page 61 ofl67 Words strnek threugh are deleted, words underlined are added a Uses _ commercial retail office civic institutional li ht industrial and manufacturin essential services residential arks and accesso uses. Such uses may occur in shared use buildings or single use buildin?s, (b) The total building area within each block shall not exceed a floor area ratio of3. ( 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, uses shall not exceed 26 dwellin ( 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. The maximum setback from the front boundarv may be increased in order to create public 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 _ublic sidewalks and shall leave a minimum 6-foot clear edestrian wa between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Core 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 review for compliance with the landscape requirements, (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 s acin between landsca e islands shall be ten 10 s aces. Landsca e islands and tree diamonds eater than fifteen 15 s uare 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 primarv street shall either include ground floor retail or have a minimum ten ( 10) foot wide landscaped area at grade. includin one tree er five 5 s uare feet of landsca ed area, Parkin structures frontin on a seconda street shall have a minimum ten 10 foot wide. densely landscaped area at grade. including. one tree per five (5) square feet oflandscaped area. The amount of required parking. shall Page 62 of 167 Words 5tnlek tBre1:igh are deleted, words underlined are added {q) General signage standards. 1. Signage design shall be carefully integrated with site and buildin desi n to create a unified a earance for the total ro e ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. 111, Signs which create visual clutter or which block the view of signs on adiacent propertY shall not be permitted, iv, Creativity in the design of signs is encouraged in order to emphasize the uniaue 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 l'oles and brackets) including all text and any svmbols or logos. V1. Signable Area: The signable 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 facade. vii. Mounting height: No part of a 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: Sil,!ns 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, 1X. Material: Signs shall be constructed of durable materials suitable to the sign tyoe. 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 comoatible with the colors and style of the building to which they are attached or otherwise associated. (r) The following sign types shall be permitted: 1. Wall-A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area - Facade width x 2.5, ii. Proiecting - 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. Page 63 of 167 Words stmek tBraugh are deleted, words underlined are added iii. Window - A sign affixed to or behind a window. Maximum ;ign area _ the area of the window with the sign x .30. iv, v. Awning. - A sign or graphic attached to or printed on an ~wning, Maximum sign area - the area of the awning x .25. VI. vii, Monument - A si secured to a base which is built directl upon the ground, Maximum sign area - 50 Sq, Ft.. exclusive of the ~ase, (2 faces of 50 Sq. Ft. each), Maximum height above grade - 6 feet. viii. Marquee _ A sign usually projecting from the face of a theater or cinema which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building, Minimum height above grade - 10 feet. Minimum distance from curb 4 feet. ( s) The following sign types are prohibited: 1. Pole signs greater than 12 Sq. Ft. in area ii. Portable or mobile signs except sandwich boards iii. signs) iv.Signs with changeable text (except Marquee) v, Off-site signs. Billboards, (a) Commercial. retail. office. civic. institutional. light industrial and manufacturing. essential services. parks. residential and schools and accessorv uses shall be permitted. These uses may occur in shared use buildings or single use buildings. (b) The floor area ratio for the total building area within each block shall not exceed 2. ( c) The floor area ratio for retail and office uses per block shall not exceed 0,5, (d) The floor area ratio for civic uses per block shall not exceed 0,6, Page 64 ofl67 Words strnek thrsllgh are deleted, words underlined are added e The floor area ratio for li ht industrial and manufacturin block shall not exceed 0.45. The maximum densi for transient lod in shall be 26 dwellin units per Town Center gross acre. {g) The maximum building height shall be 45 stories, (Jl) The minimum lot area shall be LOOO sauare feet. ( i) The maximum block perimeter shall be 2500 Ft. (k) Overhead encroachments such as awnings. balconies. arcades and ihe like. must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. m Buildin s within the Town Center shall be made com atible throu h ~imilar 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 with the landscape reauirements. (n) Streets shall adhere to 1. Lb. and Figures L 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. ( 0) Parking space reauirements and design are the same as in the Town Core. (P) Landscape minimums are the same as in the Town Core, (q) Signage reauirements are the same as in the Town Core. (a) Residential. neighborhood scale goods and services. civic, institutional. parks, schools and accessory uses shall be permitted. (b) The maximum allowable building height shall be 3.5 stories, ( d) Single family residential uses shall adhere to the following: 1. The minimum lot area shall be LOOO sauare feet. n. Parking space requirements and design are the same as in the Town Core. inclusive of garage spaces. with an additional parking space reauired if an accessory dwelling unit is built. iii, Landsca in shall include a minimum of six 60 s uare feet of shrub planting per lot. on lots that are 3.000 sauare feet or less in area: eighty (80) square feet on lots that are greater than 3.000 sauare feet but less than 5,000 sauare feet in area: and 100 s uare feet for lots 5 000 s uare feet or lar er in area. Plantin s Page 65 ofl67 Words strnck threugh are deleted, words underlined are added shall be in identified lantin areas raised lanters or lanter boxes in the front of the dwelling, with, at a minimum. turf grass for the remainder of the property. 1. Lots shall be a maximum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear ard setbacks shall be a minimum of 20 feet for the prima; ~tructure and 5 feet for any accessory structures, ... IV, Parking space reauirements and design are the same as in the Town Core. v. A minimum of 100 Sa, Ft, of shrub planting shall be required for each 2.000 SQ, Ft. of building footprint. and one tree shall be reauired for each 4.000 Sa. Ft. oflot area, inclusive of street trees with such lantin s in lantin areas raised lanters or ~lanle' boxe' in the fmnt of the bnilding and a minimum oftud rass for the remainder of the propeJ'tY., Non-residential uses shall adhere to the followin : 1. All such uses shall be located at intersection comers or street bends and shall not be permitted at mid-block locations; ii. If the non-residential use is a restaurant roce store or convenience store. it shall be located on an alley loaded site~ ..' IV. The maximum s uare foota e er use shall be 3 000 s uare feet and per location shall be 15.000 square feet~ v. The use shall have a minimum lot area of not less than the size of the smallest adiacent lot. (g) General signage reauirements: Page 66 of 167 Words struek tm-eagh are deleted, words underlined are added iii, (11) Prohibited Sign Tvoes: l. Pole signs ii. portable or mobile signs except sandwich boards Ill. erature signs) lV. Signs with changeable text includinl?, Vl. Banners vii. Off-site signs, billboards .,. (i) The following sign types are allowable: i. Wall _ A sign affixed directly to an exterior wall or fence. Maximum sign area - 24 square ft, iii. Window _ A sign affixed to or behind a window, Maximum sign area - 20% of the area of the window. IV. cano Vl. Awning _ A sign or graphic attached to or printed on an awnin ,Maximum si n area - 20% of the area of the awnin . Vll, Monument _ A si n secured to a base which is built directl ~pon the ground. Maximum sign area - 30 sa, ft.. exclusive of the base. 2 faces of 30 s ,ft. each. Maximum hei ht above grade - !t feet. ..' (j) Signage within Neighborhood Goods and Service Zones shall adhere to the following;, i. Signage design shall be carefully integrated with site and buildin desi n to create a unified a earance for the total prope~ 11, Signs shall be installed in a location that minimizes Page 67 of 167 Words &tmek threllgh are deleted, words underlined are added conflicts with windows or other architectural features of the building" iii, Si ns which create visual clutter or which block the view of ggns on adjacent propertY shall not be permitted k Q?) Building heights shall not exceed 2 stories, ~ ' LoI' ,ball bave a minimum area of 5000' ua<e feed with lot dimensions and setbacks to be further defined with the SRA Development Document. idl The .,erimeter of each block ma not exceed 5000 feet nnle" an alley or pathway provides through access. or the block includes water bodies or public facilities. rass 3, Village Design Criteria, tRest1rvedj- a. General criteria, 1 Villa es are com rised of residential nei hborhoods and shall include a mixed-use villa e center to serve as the focal oint for the community's support services and facilities. edestrian-friendl form. Page 68 of 167 Words ~ek thrBugh are deleted, words underlined are added means. b. Trans ortation Network. The trans ortation network for a Villa e shall adhere to the same standards provided for within a Town. d. Context Zones, Q) General. ia) vma." shan he desianed to inc10de a mioimorn of two Context Zones: Village Center and Neighborhood General. b Each Zone shall blend into the other without the re uirements of buffers. i~ Context Zones ate intended to gnide the location of US" and thei' intensity and diversity within a Village. and provide for the establishment of the urban to rural continuum, G) Village Center Context Zone. a The allowable uses within a Villa e Center are commercial retail office civic institutional essential services arks residential and schools and accessorv uses. ~) The floD< at" tatio of anv use shall not "eeed 2 fot the total building area within each block. shall not exceed 0,5 for retail and office uses er block shall not exceed 0.6 for civic uses er block. d rosS acre ( e) Maximum building height - 5 Stories (f) Minimum lot area: 1.000 SF (g) Block Perimeter: 2.500 Ft. max h line (i) Side setbacks - 0 feet (j) Rear setbacks - 0 feet ~) Ovethead en"oaehments soeh as awnin9.s, hakooi", atcad" and the like. must maintain a clear distance of9 feet above the sidewalk and 15 feet above the street. Page 69 of 167 Words strnek t!1fsllgh are deleted, words underlined are added ublic (n) Architectural Standards: Buildings within the Villag.e Center shall be made com atible throu h similar massin volume fronta e scale and architectural features. The SRA document shall identi the rocess for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review ~oard shall also review for landscape compliance. (0) 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. (P) General parking criteria i. On-street parking spaces within the limits of the front property line. as projected into the right-of-way, shall count towards the reauired number of parking spaces. iii, Parkin areas shall be or anized into a series of small ba s delineated by landscape islands of varied sized. A maximum s acin between landsca e islands shall be 10 s aces. Landsca e islands shall have a minimum of one canoPY tree, lV. Parking lots shall be accessed from alleys. service lanes or secondarv streets. (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. Page 70 of 167 Words sttuek thre1:igh are deleted, words underlined are added (4) Neighborhood Edge (optional). Design standards for the ~eighborhood Edge within a Village shall be the same as defined within a Town. 4, Hamlet Design Criteria fReserved} a. General. 1 Hamlets are small rural residential areas with rimaril housing and limited range of convenience-oriented services, 2 Hamlets ma include the Context Zones ofNei hborhood General and Neighborhood Edge. reen. (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 ma be eater if an alley or pathway provides through access. or the block includes water bodies or public facilities. {d) For single-family residential uses: 1. Minimum lot area: 1.000 SF ii, Setbacks and encroachments to be defined in the SRA Development Document ." (e) For multi-family residential uses: 1. Maximum lot area: 4 acres. 11. Front yard setbacks - 1 0 Ft, 111. Minimum side yard setbacks - 10Ft. iv. Minimum rear yard setbacks - 20 Ft, for primary structure, 5 Ft. for accessorv structures Page 71 of 167 Words struek waugh are deleted, words underlined are added VI. Parking space requirements and design are the same as in the Town Core. Lf) Non-residential uses 1, Location: at intersection comer. Mid-block locations are not allowed, 11, 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 lot. v. Front setbacks - Equal to the smallest utilized setback of the adiacent lot V1. Side setbacks _ Equal to the smallest utilized setback of the adiacent lot V11. Rear setbacks - minimum 20 feet for the rinci al structure and 5 feet for any accessory use ..' with xi. Streets shall adhere to J,l.b, and Figures 5. 6. 7. 8. 9. 10, i 1. 12. 13. 14, 15. or 16, At a minimum all proposed streets must include sidewalks on both sides ofthe street arallel to the ri ht-of- way. and a 5 foot streetscape area between the back of curb and the sidewalk. ( 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 Page 72 ofl67 Words stnlek tmeagh are deleted, words underlined are added e Block Perimeter: 5000 feet max. The maximum ma be reater if an alley or pathway provides through access, or the block includes water bodies or public facilities. 5. CRD Design Criteria .[Reserved} a. General. 3 Exc t as described above a CRD will conform to the desi n ~tandards of a Village or Hamlet as set forth herein based on the size ofthe CRD. As residential units are not are uired use those oods and services that support residents such as retail. office. civic. governmental and institutional uses shall also not be re uired however for an CRD that does include ermanent residential housin the ro ortionate su ort services shall be provided, * * * * * * 2.2,27,11 BASELINE STANDARDS fRcservcdJ: B. A licabili of Code: Exce t as otherwise s ecificall rovided in Section 2.2.27.11 those rovisions of this Code in effect as of November 1999 shall a 1 to all land within the RLSA District unless or until such lands become sub' ect to the transfer or receipt of Stewardship Credits. C, Allowable 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 Minin and Processin Uses and Recreational Uses (lavers 1-4) as listed in the Matrix at Section 2.2.27,9,BA.b, shall be eliminated in all FSAs. as provided in Section 2.2,27.8,G, Page 73 of 167 Words stmek threl:lgh are deleted, words underlined are added 2, 4, As haltic and concrete batch makin lants shall be rohibited in areas ma ed as HSAs. D. Standards Applicable Inside the ACSC: RLSA District lands within the ACSC shall be sub' ect to all ACSC re lato standards includin those that strictly limit non-agricultural clearing, (1) Qpen space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated b human activities, (2) Fencing. walls. other obstructions. or other provisions shall be used to minimize develo ment im acts to the listed s ecies and to encoura e wildlife to use wildlife corridors. (3) Roadwavs crossings. underpasses. and signage shall be used where roads must cross wildlife corridors, b, The wildlife habitat mana ement lan shall also inco orate the followin : ~ 1) a de"ription of lbe technio=' osed to direct inconmatibk land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above. as applicable; ~2) identificatioo of appropriate lighting control, fo' pemritled ose' and a consideration of the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white- tailed deer. consistent with the UFWS South Florida Multi-Species Recover Page 74 of 167 Words struek threugh are deleted, words underlined are added Plan. Mav 1999. except as recommended otherwise bv the UFWS or FFWCC: and 3 if the develo ment will be lar er than 10 acres a monitorin ro ram. c. The followin references shall be used habitat management plan: (l) South Florida Multi-Species Recoverv Plan. USFWS. 1999. 2 Habitat Mana ement Guidelines for the Bald Ea le in the Southeast Reg.ion. USFWS. 1987. (4) Ecologv and Development-Related Habitat ReQuirements of the Florida Scrub J a A elocoma coerulescens Technical Re ort No.8" Florida Game and Fresh Water Fish Commission. 1991. (5) 2 , Florida scrub . a : Habitat reservation for the Florida scrub . a (Apbeloeoma eoem!,,<<os) ,ball eonform to lhe gnidelln" eontalned in Technical Report No.8. Florida Game and Fresh Water Fish Commission, 1991. A maintenance ro ram shall be established which shall s eci appropriate fire or mechanical protocols to maintain the natural scrub fommunitv, A public awareness program to educate residents about the on- ;ite preserve and the need to maintain the scrub vegetation shall be developed. These reQuirements shall be consistent with the UFWS South Florida Multi-Species Recoverv Plan. Mav 1999, ,3 Bald ea le: For the bald ea le Haliaeetus leucoce halus the re~uired 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 re uirements shall be consistent with the UFWS South Florida Multi-S ecies Recover Plan. May 1999. 4 , Red-cockaded wood ecker: For the red-cockaded wood ecker !picoides borealis). the reQuired habitat protection plan shall outline measures to avoid adverse im acts to active clusters and to minimize im acts to foraging habitat. Where adverse effects can not be avoided. measures shall be taken to minimize on-site disturbance and com ensate or miti ate for impacts that remain, These reQuirements shall be consistent with the UFWS South Florida Multi-Species Recoverv Plan. Mav 1999. ,6, Panther: For ro'ects located in Priori I or Priori II Panther Habitat areas. the management plan shall discourage the destruction of Page 75 ofl67 Words strnek threagh are deleted, words underlined are added F. Golf Course Standards, Exce t as otherwise re uired b G or H below all olf courses within the RLSA District that are not within an SRA shall be sub' ect to the followin requirements: a, b. esticide (1) The use of slow release nitrogen sources; 2 The use of soil and and amount of fertilization applications; both 4 The coordination of esticide a lications with the timin and application of irrigation water: and 2, To ensure water conservation olf courses shall inco orate the followin in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensin s stems to determine the 0 timum amount of irri ation water needed considering soil moisture and evapotranspiration rates. b, As available. golf courses shall utilize treated effluent reuse water consistent with Sanitarv Sewer Sub-Element Objective 1.4 and its policies; c. shorelines that are sinuous in conti uration in order to provide Page 76 of 167 Words struek waugh are deleted, words underlined are added G. Standards Applicable in FSAs. HSAs. and WRAs that are Outside of the ACSC. The rovisions of Divisions 3.8 3,9 and 3,11 in effect as of November r 1. 1999. shall apply to FSAs HSAs and WRAs that outside of the ACSC with the followin exce tions: l. Site clearin and alteration shall be limited to 20% of the surfaces shall not exceed 50% of any such area. rohibited. H. Standards Applicable to Wetlands Outside of FSAs. HSAs. WRAs. and the ACSC, Wetlands located outside ofFSAs HSAs WRAs and the ACSC shall be preserved in accord with the following criteria: 2. Wetlands utilized bv listed species or serving as corridors for the movement of listed species shall be preserved on site, 3, Wetland flowwav functions through the proiect shall be maintained. 4. Ground water table drawdowns or diversions shall not adversel chan e the ~ydoperiod of preserved wetlands on or offsite and detention and control elevations shall be set to rotect surroundin wetlands and be consistent with surrounding land and proiect control elevations and water tables, In order to meet these re uirements ro' ects shall be desi ned in accordance with Sections 4.2,2.4,6.11 and 6.12 ofSFWMD's Basis of Review Januarv 200l. 5. All direct impacts shall be mitigated for as reQuired bv applicable federal or state agencies and in the same manner as set forth in Division 3,9,5,3.B.l of this Code. 6, Sin le famil residences shall follow the re uirements contained within Polic 6,2,7 of the Conservation and Coastal Management Element. a. The buffer shall be measured landward from the a b. soils and 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 are allowed within the buffer: Page 77 of 167 Words strnek threllgh are deleted, words underlined are added (1) Passive recreational areas. boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; 5 An other conservation and related 0 en s or use which is comparable in nature with the foregoing uses. 8, MitLation Re uirements: Miti ation shall be re uired for direct im acts to wetlands ~uch that the wetland functional score of the mitigation eauals or exceeds the wetland functional score of the impacted wetlands, a, Priority shall be given to mitigation within FSAs and HSAs, agencles. 10. Wetland reservation buffer areas and miti ation areas shall be identified or latted as se arate tracts. In the case ofa Planned Unit Develo ment PUD these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Categorv I Exotics, Land uses allowed in these areas shall be limited to those identified in 7.d above. * * * * * * SEe. 2.2,30, NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) A. NRP A OVERLAY AREAS. NRP As are located in the following areas: l. Clam Ba Conservation Area within Pelican Ba Plan Unit Develo ment . 2. CREW (Corkscrew Regional Ecosvstem Watershed); 3, North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates. Page 78 of 167 Words struek tmeugh are deleted, words underlined are added I \ \ RURAL FRINGE \ \ NATURAL RESOURCE \ \ PROTECTION AREAS \ ROAD J ~I g \ LEE COUNTY '" W ~ \ I i!t \ RANDALL BL VO I I IMMOKALEE ROAD I I I \ \ \ \ \ I ~\ L \ \ GOLDEN GATE BOULEVARD 9l\ ~I I \ ~\ ~\ ~\ -.. '" ffil :3 8 \ , \ ~I :\ u, 1\ \ ;\ \ N \ \ 0 1 Mi 2>.11. ]l,ll. 4>.11. fl8 II , SCALE ' . 'IT \ [I LEGEND ~ 1\ ~~ III "^"" .~"" PROTECTION AREA II II \ ~REf'AR[D B'I': GR.o.PHICS .mD TEC,"~IC""i. SUPPO'lT 5[cnllN cOUt.lI.JNllYOE'II;:LOP\lEI<lT "..C ENVlfO:OHljENTAL SERlIICES [)I\jlSlOlt o",n:: 1Cf.i()C,3 riLE: RrNR?....O~ B, NRP AS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT, NRPAs located in the RFMU District are identified as RFMU Sendin Lands and are further subiect to the provisions. conditions and standards set forth in Section 2.2,2V2.4, Private ro e owners within these NRP As rna transfer residential develo ment rights from these i ortant environmentall sensitive lands to other identified "receivin " lands ursuant to eth specific provisions set forth in Section 2.6.39, of this Code. C. DEVELOPMENT STANDARDS, Development within a NRP A 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 NRP A that are zoned CON and for those lands within any NRP A that are publicly owned shall be as set forth in Sections 2.2.17.2.A" B,. and C.. respectively. 3. For privately owned lands within a NRPA within the RFMU District. permitted and conditional uses shall be those as set forth in the RFMU District Sendin Lands Section 2,2.2V2.4.). 4, For privatelY owned lands within a NRPA and designated Estates. permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. As these rivatel owned Estates Desi nated lands are ac uired for Page 79 of 167 Words strnek tHraugh are deleted, words underlined are added conservation U oses the Co rehensive Plan and will be amended to chan e the Designation to Conservation and the propertY will be rezoned to the CON district. * * * * * * See. 2.2,3l. DeelamtieR ef fJaftcial meraterffim fer aatlH'al rese1:Hee prateetieR areas. (NRP;\s). ~:~~od ~::~i =:;~~:":' :.::~d ;n su'~~'tie~::2::"~~^:~,;:;'::':: E~~ ~ ~: ~"iI",' ':::~::-:;"~S:: S:;~;= ?~~. :;:; ~'::.:";:':::tio~ ~::;'~~~'":: {~~~~ ~Ge :' :~;~~t\ eceme legally effeetl:: :R ~a~ ::: ~:s= :: =e~: ~~::~ =~~lh~ ':;e~ ~ :.~..: de ao:_~~-~~~~ ==d;':;ie;';;;';~geIa,""", th,..."..:,;.: =:::::=::: ordiRaaee aeefltiag sueh regwatiaRs is legally effeetiye, ~.~~.~.. ':..-::: h':';: 'f. ::"'1 _..,~e p'".'''.OH .,,""-:~ ~ ~ r',.t t.eB ar t a- m reas generally ees~;~~~ ~~: T~: ~fI KelS Skaae, GRE'H a;;d;, Qkilaaeaaehie Slel:lgh, Belle Meaae and Sel:lth GeldeR Gate Estates, ;.:.~.~' :~~ttod Uses. The fellewiag l:lses shall 'ee the eal-y l:lses a~le\~:a !~ ~ = ~:=~: fI~:t:i: :~:~& ~~ ~ ~~ friage .^.~ea aRa fue RlKal L~n~~ :\r~:, ,7s ~~s~.~:e:: :: =, ";,:;:'7'~ ~:;'::~:': :~:_nt ~"n, ~_~'~~-: :: ::;:: = =:?i;;;; ;';h Are' d"eri,.d;" tk.;'J;:, :='~~~ E :;::: ::" :-;,::;; :.ii; '~-:. "'l'"'; "",e.~t lh&t wh.,,: HBp~ ~~d ~~~ ~= :r: :=:.~ r0 1 tla fer a flartHmlar lise, s~~~ ~~~ ~~~ =::: :: : ::"':.'::;"''': -: =~~:. ~ """ until th. """1....ntiR& 1"00 de~el~~ ~:-=~ :::::: == ,.. e' P"t''''' .f W, ,,,hen eR<l "f"'.ne~ ~ w: ~-;:: = ",;;;;.:;;' ,.i;;;;,;;,;, <i.. ,..... "i"",I._og 1an<l .......~~" '" ,Hnil", ell lannea llmt aevelapmeRt or fllaflflea aevelepmeRt zamag ordlRaaees, l. .^.griewtmal aRa ffireetly related l:lses, 2, OBe siBgle family g."veUing \ffiit per lot er flareel ereatea prier to J\ffie 22, 1999, ~.~'~~~' ;xemPtioI'lS' The restrietien en llses in the area, iRelHaiag N~~::~, ~l::l1'~~ ~: == ~ ;7i6:' ::'::; ebell..' alT.., ., limil ~ ''''''''''0' ef o"':"'-~:."~ ~~~~ :: :"~ ::;:;; ';~; 1.': fe, wlush ell "..",d ~"""ts ,.':. "OR "':'~~'" ~':::' ;~:: ~ ~ .__;_ te s ie been reeel'iea by the caooty prIer te ~~~e ::' ::~~. :r:: ::;;;::::~. .",,.;,,g """ ....11 ;",_ "'1'''''''''''' ef tho" "''', if ,,00 ~~.~_~ ":~ ., t h er dearly aaelllary to the eJHstHl.g Hse aRa ae nat re€lllH"e a rezone Sf c0R1flreheRSiye filaR aFReFlameRts, Page 80 ofl67 Words strnek ilireugh are deleted, words underlined are added ~~' ::... k~ ~~ : :' I ~~' .aop"~~~:~:~, :~:: i~=: ':: ~,~;::t':'':': :;:;:;:: :;:;;;::..:. 0'.";000, ,~ ~~~~~:l:.:'.::= ~~: ~= ='Q;.l;:;; en" to ." "'O,AR ~~":.: ~:-:: "= =~;i; ;;r.;;;;. 's- - - : _ Coso No. 99 02 (D?:~ ~ ~' 9g 03M GM) '@ l-';e l'1l:1fsuaat to SaBseeheR Hi3,31g9(2)(a), Flenda Stamt@s, Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2,2.31.1 PURPOSE AND INTENT. The North Belle Meade Overla NBMO is uni ue to the RFMU District because it is surrounded b areas that are vested for develo ment 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 endangered species, The NBMO is intended to achieve a balance of both reservation and 0 ortunities for future develo ment that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded bv Golden Gate Estates to the north. east. and west and 1-75 to the south. This NBMO comprises some 24 sections ofland and a roxirnatel 15550 acres and is located entirel within the RFMU District Section 2.2.2'l2,) Page 81 of 167 Words struek weugh are deleted, words underlined are added [ I NORTH BELLE MEADE OVERLAY DISTRICT \ \ \ \ GOLDEN GATE BOULEVARD \ --. ;:;:; CI) 0: ~ ~ ~ l.U \ Cl :5 0:: 0 ~ a::l l.U C/) :5 l.U 0 Cl a::l :5 ~ C!) 0:: ..... ~ a l.U (.) - \ ...... r---. ALLlGA TOR ALLEY (SR. 84) INTERSTATE. 75 \ N \ \ ~ '" ", , '" LEGEND ~ I I \ SCAlf: - DIS-:R1CTBOUNO.lJlY ~ \ PREPARED BY; GRAPHICS AND TECHNICAL SUPPORT SECTION CO~MLJNITY OEVELOP~ENT AND ENV',RONt,lENTAL SERVICES DIVISION D"1E: 10/2ooJ FILE: NBf.l OvERLAY-~AP 2.DWG 2,2,31.3. APPLICABILITY: A. NBMO Receiving Lands, Permitted. conditional. and accessory uses within NBMO Receiving Lands shall be as set forth in Section 2.2,2Y2,2. 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 shall onl be a licable to develo ment in NBMO Receivin 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 2.2,2Y2.3, 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 2.2,2Yz.4. 2,2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: 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, 2, As an alternative to 2 above. a haul road along an extension of Wilson Boulevard shall be i roved to standards sufficient in the 0 inion of Coun trans ortation staff to safel serve earth-minin activities with a connection throu h Sections 32 and 3 1 to Landfill Road. 3. Lands required for the extension of Wilson 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. Page 82 of 167 Words strnck threugh are deleted, words underlined are added 4. All new roads and road improvements. other than the Wilson Boulevard extension and the haul road referenced in 3 above, shall: b. and large terrestrial animal crossings Conservation Conunission criteria, B. BUFFERING. The western 114 of Sections 22 and 27 shall be buffered from the NBMO NRP A to the east bv a buffer preservation that includes all of the eastern V2 of the western 114 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRP A. C. 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, 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 gross acre is achieved throul?h 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; andlor (3) 0.1 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. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: 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 amended to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established bv 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 conunits to construct a private haul road bv 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 Page 83 ofl67 Words strl:lek thi:eagh are deleted, words underlined are added on the western half of Section 21 at historic levels. shall be permitted only as a conditional use. Lands 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for Rural Village set forth in Section 2.2.2 Yl.2.11. except as follows: (1) The minimum required density shall be achieved through TDR and Bonus Credits. as provided in Section 2,2.2Yl,2.B.3.c, (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 veg.etation 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 NRP A or a buffer area adioining a NRP A 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, e. Elementarv schools shall be accessible bv local streets and pedestrian and bicycle facilities and shall be located in or adiacent to the Rural Village Center. provided that local streets provide access adequate to meets the needs of the School Board. B. NEUTRAL LANDS. Neutral Lands shall be governed bv the standards set forth in Section 2.2.2Yl.3. with the exception that. in those Neutral Lands located in Section 24. Township 49 South. Range 26 East. a minimum of 70% of the native vegetation present shall be preserved. * * * * * * SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.3. OFF- STREET PARKING AND LOADING Division 2.3. Off-Street Parking and Loading, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING * * * * * * Page 84 of 167 Words struek wellgh are deleted, words underlined are added 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. ~ 2,3.5.2. 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 for hire or used for conunercial or recreational purposes, ~ 2,3,5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. * * * * * * ~ 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: * * * * * * ~ 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 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: * * * * * * ~ 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 conunon accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination, ~ 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, 2.3,5,7, 2,3,5.8. Parking in rights-ofway. 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. ~ 2,3.5.9, 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, * * * * * * 2.3.21.4. For facilities in seetisn 2.3.21 not of sufficient size to meet the minimum requirements set forth therein in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, in aeeerdaaee '.vitA. seeti,m ~ to ~ 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-fel:-the parkffig ef a aelivery vehicle. * * * * * * Page 85 ofl67 Words strnek t.fli"l311gh are deleted, words underlined are added SUBSECTION 3.e. AMENDMENTS TO DIVISION 2.4. LANDSCAPING AND BUFFERING Division 2.4, Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING * * * * * * 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 oflots/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. * * * * * * The buffering 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 buffering and screening required pursuant to section 2.4.3,5, If the a licant chooses to fore 0 the 0 tional PSP rocess then si ned and sealed landsca e lans will be reauired 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 buffering and screening the same as for the higher intensity uses between those uses, Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles, The planning services director may approve alternative landscape buffering 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. * * * * * * 2.4.7,5. "Collier County Streetscape Master Plan ". "Construction Standards Handbook for Work Within the Public Riehts-of- Wav Collier Countv, Florida" and the "Golden Gate Community Roadways Beautification Master Plan," Street corridors identified in Section 2 and Figure E.l 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, shall adhere to the requirements of the "Cellier CeHaty Streetseape Master Plan" and the "GoldeR Gate CSl11i'H\:lBity Roadways Bea1:ltifieatioR Master Plan" these documents, Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the requirements of Section 2 and Figure E,l of the "Collier County Streetscape Master Plan". the "Construction Standards Handbook for Work Within the Public Rights-ofWav 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 andLor a [mal 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, * * * * * * SUBSECTION 3.D. AMENDMENTS TO DIVISION 2.5. SIGNS Division 2.5, Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 86 of 167 Words strnek tbrellgh are deleted, words underlined are added DIVISION 2.5. SIGNS * * * * * * 2,5.5.2.3, Real estate signs: As defined The fellaw4ag sigas elassified as real estate sig1iS shall be permitted in non-residential districts subject to the following: 1. One grmma SigR with a maxiHllifll height afteR feet er wall "fer Sale," "for Rent," er similar ground sign with a maximum height of ten feet or wall sign, with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) b One grmma SigR \vit-k a llla-Jdm\:HB height afteR feet or 'uall "for Sale," "for Rem," er similar ground sign with 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,) 3. One grmmd sigH with a HliHdml:lffi height ef 15 feet or wall "far Sale," "for Rent," or similar ground sign with a maximum height of 15 feet or wall sign, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size, A building permit is required. * * * * * * 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 contain name of any 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. Administrative Variance, Single-occupancy parcels, shopping centers. office complexes, business parks. or industrial parks having frontage of no less than 100 feet. but up to 149.9 feet on a public street. or combined public street frontage of 150 feet or more for comer lots, may applY for an administrative variance to request a ground sig.n, All usual administrative variance fees will apply, The County Manager or his designee mav administrative Iv grant the variance. provided that the following minimum requirements are met: a) the ground sign shall be limited to 8 feet in height regardless of the roadway 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 sign structure; b) the maximum allowable sign area is 32 square feet; c) such sign shall not be located closer than 15 feet from any property line; d) the sign shall provide a solid pole cover no less than 50 percent of the width of the sign. with architectural design features and colors common to those used for the main structure. lattice not being. a sufficient pole cover; e) a minimum 100 square foot planting area shall be provided around the base of the sign: f) Architectural design, construction. and color shall include features common to those used in the design of the building the sign is accessory to; the sig.n 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 mav 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. Page 87 of 167 Words struek thrallgh are deleted, words underlined are added t) g) no other free-standing or directional signs will be allowed on the same site, 2,5,5.2.5,1.1. 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 in the required setback so as to most appropriately locate the sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. * * * * * * SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.6. SUPPLEMENT AL DISTRICT REGULATIONS Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS * * * * * * Sec. 2.6.3. Exclusions from height limits. 2.6,3,1. General exclusions, The height limitations contained in .Qaivision 2.2 do not apply to infrastructure in support of the 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 ~ :::~~:: te be 'placed above the roof level and not intended for human occupancy; proYHlea, w. , the he1ghts ef these struetures or aj3pw1eE:~e~:a~~~::~ :: :;;::.:" ::-",;gh< 1_'" p",,,rio.~ oy "'" F,~"al Av",,'" o\g.RC)' o,-a." MRffig . a lS v 1E: the flIght aj3fJreach zeE:e of aHJlerts. (See seetlea 2.2,23,) or for commerc1al purposes as provided below: ( 1) Structural elements shall be no higher than necessarv to accomplish the purpose it is intended to serve, (2) The aggregate area of structures or appurtenances shall not exceed one-third the area of the supporting roof. (3) Where this section conflicts with Division 2.8, the provisions of Division 2.8. will control. Page 88 of 167 Words struek threHgh are deleted, words underlined are added * * * * * * Sec. 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: ~ 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 alle',vea in aRY zening cliskiet sa'ejeet te the feUewiag el:maitiens authorized as follows: 2,6,9.1 Pennitted lJse& Essential Services, A. Pennitted Essential Services in All Districts Exce t CON Districts RFMU Sendin Lands. NRP As. HSAs. and FSAs, The following 1:iSeS essential services are allowed as pennitted uses in all zoning districts. except as specificallY prohibited herein for Conservation. RFMU District Sending Lands. and RLSA. HSAs. NRP As and FSAs: a, In ever{ zemag aiskiet: .L wWater lines and , sewer lines,~ b 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; ;h tIelephone lines, telephone switching stations, and cable television lines; 4. Communication Towers. limited to those providing wireless emergency telephone service. subiect to all applicable provisions Section 2,6,35 of this Code; 2.:- eglectrical transmission and distribution lines, substations, and emergency power structures; ~ sS,ewage lift stations, and water pumping stations; 2. egssential service wells (including extraction facilities, and requisite ancillary facilities,)~ and ~ aAny other wells which have been or will be pennitted by the South Florida Water Management District or the Florida ~.Qepartment of egnvironmental pr.rotection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in every zenmg distriet: mai'lidual flri'late '.vells aRa sefltie tanks; aHa similar iHstallatiens neeesslH)' for the flerferE'laRee of these serviees, If any proposed well is a Collier County owned well under the pennitting jurisdiction of a Florida agency, staff, early in the {;hounty's well pennit application process, shall post sign(s) at the {;hOunty's proposed well site(s) and shall provide written notice that the county has applied for a required well pennit 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 {;hOunty, including, if applicable, the times and places of the pennitting agency's scheduled public hearings; B. Pennitted Essential Services in CON Districts. RFMU Sending Lands. NRP As. HSAs, and FSAs. 1. Within CON Districts. Sending Lands in the RFMU District. NRPAs. and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subiect to the limitations set forth in 2.2.27.11. B,2, the following essential services are pennitted: a. Private wells and septic tanks; b. Utility lines. except sewer lines; 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 Page 89 of 167 Words struek throllgh are deleted, words underlined are added privatelY owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District: and, &.h Additional Permitted Essential Services in Commercial and Industriall Zoned Districts. In commercial and industrially zoned districts.;., in addition to the essential services identified above in Section 2.6,9.1, ~ governmental facilities, as defined by this Code, includin law enforcement fire emer~enc medical services and facilities ublic ark and public library services and facilities, to he ~JLteBt toRe faeility er sefviee is reEJ:Hired by la':i, rule Of reglilation, shall be considered a permitted essential service, €-oD. 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, E. Additional Permitted Essential Services in the Agricultural Zoned District: In the agricultural zoned district. in addition to the Essential Services identified above in Section 2.6,9,1.A. safe services and other overnment services necessa to romote and protect ublic health safe and welfare are ermitted essential services limited to the followin : law enforcement. fire. and emergency medical services. 4F, 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,l.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,M.s conditional uses: a.A. Conditional Essential Services in Everv Zoning District Excluding the RFMU District Sending Lands. Conservation zoned lands. NRP As, and RLSA designated HSAs and FSAs: In every zoning district. unless otherwise identified as permitted uses. and excluding RFMU District Sendin Lands Conservation zoned lands and NRP As the followin uses shall be allowed as Conditional Uses: L eHlectric or gas generating plants;~ b eHff1uent tanks;~ ~, mMajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, 1:. hH.ospitals and hospices; and, \vatef aeratiea ef keaHBeat plants, 2, gQovernment facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement. fire, emergency medical services, , 6JLeeflt as etHerwise speeified by Seetiaa, 2.6.9.1., of this eode. B. Conditional Essential Services in RFMU Sending Lands, NRP As. Conservation zoned districts. and RLSA designated HSAs and FSAs, Within RFMU District Sending. Lands, NRP As Conservation zoned districts and the RFLA desi nated HSAs and FSAs sub' ect to the limitations set forth in 2,2,27.11. B.2 . in addition to the essential services identified as allowed conditional uses in Section 2.6.9.2,A. above. the following additional essential services are allowed as conditional uses: 1. Sewer lines and lift stations necessa to serve a ublicl owned or rivatel owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District. when not located within already cleared portions of existing rights-of-way or easements; 2. Safety Services limited to law enforcement. fire. and emergency medical services. C. Additional Conditional Uses in Residential. and Estate Zoned Districts. and in RFMU Receiving and Neutral Llands: In residential, agricultural, and estate zoned districts.;. and in RFMU Receiving and Neutral Lands. in addition to those essential services identified as Page 90 of 167 Words strnek thrs1:igh are deleted, words underlined are added conditional uses in Section 2,6.9.2.A.. above. the following Essential Services shall also be allowed as conditional uses: 1. i'Regional parks and community parks,; 2. Public parks and public library facilities; ~ 5~afety service facilities,; 1., eQther similar facilities, except as otherwise specified herein. 2,6.9.3 Applie:ihilit)' 8f distriet Fegul8ti81'ls, Conditional Uses that lnclude the installation of Structures: .L Under this SHeseetieFl 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 ~ surrounding. and nearby existing and future uses. 2, Within the RFMU District Sending Lands. NRP As. Conservation Districts. and the RLSA HSAs and FSAs. structures supporting the conditional use shall be located so as to minimize any impacts on native ve~etation and on wildlife and wildlife habitat. ~l. Struemres fur eeFl'lHl:ereial aety;ities. Essential services shall not be deemed 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 pennitted. * * * * * * 2,6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, shall be reviewed by the planning commission usiRg the same 13reeedw:es and ~13licaele eriteria =:;";:;=':,;;::,:~'~~~::::,,::~.~ .~:a : ~~~'~ :;:;~~: :::..Et~":: ~O:":":':~a~~:::;:.:~i:y:r:;;E: E " IDe =:~::=o:i ~i~~i~ ;.han a13131y to eeatRollses, aRa all efthese eri~~i;:~t ~e :e~ i~ order fer the 131armiFlg eemmissieR te atlprev6 the reEluest: according to the following criteria. all of which must be met in order for the Planning Commission to approve the request: * * * * * * 2,6.21.4.7. The ro osed structure shall not have a ma'or im act on the view of either ad'acent neighbor. * * * * * * ublic * * * * * * Page 91 of 167 Words stl1:lek threugh are deleted, words underlined are added Sec, 2.6.35. Communications towers. 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 mi rato and other s ecies of birds' to revent unnecessa habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns ofthe Collier Mosquito Control District as to low flying mosquito control aircraft safety, * * * * * * * * 2.6.35.5.9 Migratorv Birds and other Wildlife Considerations. 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 the tower footprint. At such sites. road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adiacent habitat fragmentation and/or disturbances, D. Securi Li htin . When feasible securi facilities/equipment shall be down-shielded to trv to keep outermost geographic boundaries of the tower's footprint. * * * * * * 2.6,35,6,12, Tower lighting. A. Towers and Antennas Exceeding 150 Feet. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical 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, * * * * * * 2.6.35.8. Wireless Emerrzencv Televhone Service. Notwithstanding any other provisions of Section 2,6,35 the followin rovisions shall a 1 to communications towers that rovide wireless emergency telephone service. Page 92 of 167 Words strnek thrSl:lgh are deleted, words underlined are added A, These facilities are Essential Services, B. Each a an emboldened substantiall as follows: This A lication Chavter 365. J 72, Florida Statutes. C. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facili com lies with federal re ulations but staff ma re uire from such applicant proof of proper FCC licensure. and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting iurisdiction with regard to wireless communications facilities located ( or to be located) on property owned by the State of Florida, including State-owned rights-of-way, 2.6.35,8.1. Co-located Facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone. a need to obtain conditional use a_rroval or an other re uired rocess such as for exam le havin an a reement amended the County shall grant or deny a properlY completed application requesting co-location of E911 Service or co-location for wireless tele hone service not later then fo -five 45 business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in section 2.6.35. Co- location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subiect to the land development regulations pursuant to Section 163.3202. Florida Statutes. vrovided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna. or co-location of related equipment shall be subiect to applicable building regulations. and with all then existing permits or agreements a"'t'licable to that tower or to the underl in roe . Nothin herein includin the fo -five (45) business days timeline, shall relieve the permit holder for. or owner of. the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s~: or with applicable land development reg.ulation (including aesthetic requirement or compliance with any other then applicable law(s). 2.6.35,8.3. Sufficiency Notice, Within twenty (20) business days of receiving the permit application for 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 properly completed, If such ~ermit application is not properly completed. staff shall with specificity notify the applicant of any and all deficiencies. which if cured will thereby render the application being properly comoleted. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use( s) without rezoning., without conditional use approval. or without any other related ancillarv approval process or permission, 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 g.rant 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 ?ermit shall not be deemed granted if final action requires action by the BCC, but such action is ?revented due to emergency conditions beyond the County's control. In such instance. the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time, Page 93 of 167 Words strl:1ek thr0\:lgh are deleted, words underlined are added -~-_._"----~.'.. 2.6.35.8.5, Waiver. Extensions of the above-described a licable time lines deadlines shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting. activities which had been formally declared by the County. by the State of Florida, or by the federal g.overnrnent. * * * * * * 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 ofliving area, or greater, may have a secondID kitchen primarj kitehen provided all rooms are internally accessible and the secondary kitchen ~ only accessible through the main dwelling unit. (Ord. No, 92-73, S 2) * * * * * * 2.6.39. Transfer of Development Rie:hts (TDR) 2.6.39.1 purpose. Intent and Applicabilitv. A. Purpose: 1. The primary purpose of the TDR process is to establish an eauitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant 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. B, Intent: These TDR l'rovisions 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. C. Applicabilitv: These TDR provisions shall be applicable to those areas specifically identified in 2,6,39,2. 2,6.39,3. and 2,6,39.4. below, These TDR provisions shall not be applicable to the any transfer of development rights within the RLSA District. 2,2,24.1 1. 2,6.39,2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which mayor may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel ofland to another parcel, as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from 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, 2.2.24.11.1. &... The development rights shall be considered as interests in real property and 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. 2,2.24.1 1.2. !LThe transfer of development 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, 2.2.24.11.3. C. The minimum area of land eligible for the transfer of development rights shall 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, 2.2.24.11.1. 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 Page 94 of 167 Words stmek WS1::lgR are deleted, words underlined are added lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F,S. S 704,06, as amended, with the approval of the board of county commissioners. 2,2,24.11.5. E. The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.24.11.6. LMaximum 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 units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel ofland is capable of receiving, the following formula~ shall apply~ ~ RSF-l through RSF-5 districts, up to and including five units per acre: Units per base density X 10% 0= .1 to ,5 units per acre b. RMF-6 district, up to and including six units per acre: 6 units X 10% = 0,6 units per acre ~ RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre d, RMF-16 district: 16 units X 5% = 0,80 units per acre f:. 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 2. 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, 2,2,24,12. ri...Procedure for obtaining transfer of residential development rights. Any owner of 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 is requested. 5, Legal description of receiving land which receives the transfer of residential development rights, 6, Survey of the land which receives the transfer ofresidential development rights, 7. Three copies of an executed deed of transfer of ownership of the sending property 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. 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 Page 95 of 167 Words strnek thrElllgh are deleted, words underlined are added 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. 2,2.24.13, H, 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 permit. 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. 2.2,24,14, 1. Sequential use of residential units approved for transfer by the board of county commissioners. Upon the issuance of any permit for the construction of residential unit( s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations, 2.6.39,3 TDR Credits From RFMU Sending Lands: General Provisions A. Creation ofTDR Credits, 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 lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR Credit per leg.al non-conforming lot or parcel. 2. For lots and parcels 5 acres or larger. the number ofTDR Credits generated shall be calculated using the following formula: # of acres x 0,2 = # ofTDR Credits generated, Where the number ofTDR Credits thus calculated is a fractional number, the number of TDR Credits created shall be rounded to the nearest 1I100th, B. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas, the Urban Residential Fringe. and RFMU Receiving Lands. as provided in Sections 2.6,39.4 and 2.6.39.5. C. 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. Consequently, fractional TDR Credits must be a re ated to form whole units before the can be utilized to increase densi in either non-RFMU Receiving Areas or RFMU Receiving Lands. D. 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 RFMU Sending Lands that were cleared for agricultural operations after June 19.2002, for a period oftwentv-five (25) years after such clearing occurs, 2.6.39.4 Transfer of Development Rights From RFMU Sending Lands to Non-RFMU Receiving Areas A. Transfers to Urban Areas, l. 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 provisions of the Future Land Use Element Densitv Page 96 of 167 Words stmek tRr9llgR are deleted, words underlined are added Rating System. subiect to the applicable provisions of Division 2,7 of this Code, and the following conditions: a, The ?roiect is 20 acres or less in size; b. At time of development. the proiect will be served by central ?ublic water and sewer; c. The ?ropertv in question has no common site development plan in common with adiacent propertY; d. There is no common ownershi? with any adjacent ?arcels; 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 this provision in the Growth Management Plan on Januarv 10. 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 transferring that additional density from RFMU District Sending Lands. B. Transfers to the Urban Residential Fringe. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundarv into lands designated Urban Residential Frin.e at a rate of 1.0 dwellin units er acre allowin for a densi increase from the existing allowable base density of 1,5 dwelling units per acre to 2.5 dwelling unit per gross acre. 2,6,39,5 Transfers From RFMU Sending Lands to RFMU Receiving Lands, A. Maximum Densitv on RFMU Receiving Lands When TDR Credits are Transferred from RFMU Sending Lands. 1. The base residential density allowable shall be as provided in Sections 2.2.2\t2,2,A,2,a, and 2.2,2\i2.2,B,3,a, 2, The density achievable through the transfer of TDR Credits into RFMU Receiving Lands shall be as provided for in Section 2.2,2\t2.2.A.2.b.(l) outside of Rural Villages and Section 2.2,2 \t2.2,B.3,b and c,(l) inside of Rural Villages, B. 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 2.2,2 \t2.4.B. 2,6,39,6, PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS. A. General. The transfer ofTDR 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 approval requirements of this Code, including but not limited to those applicable to site development ?lans, plat approvals. PUDs, and DRIs, B, County-Maintained Central TDR Registrv. In order to facilitate the County's monitoring of the TDR Program. the County shall serve as the central registrY of all TDR Credit purchases, sales. and transfers. as well as a central listing ofTDR Credits available for sale and purchasers seeking TDR Credits. No TDR Credit generated from RFMU Sending Lands may be utilized to increase density in any area unless the following procedures are complied with 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 Sending. Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. A TDR Credit Certificate shall be provided by the County upon submission of the following: 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 from the RFMU Sending Lands. such Sending Lands were not subiect to Page 97 of 167 Words strnek thrm:lgR are deleted, words underlined are added 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 ofTDR Credits as set forth in Sections 2.2.2Y2.4.B.; and d. a statement identifying the price. or value of other remuneration. paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated. unless such owner retains ownership of the TDR Credits after they are severed, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities, 2. No application for a site development plan. subdivision plat, PUD. or DRL 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 Registrv. 3. 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 developer 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 documentation is provided within said 120 days, the approval shall become final. * * * * * * 2.6.40. Densitv Blendin2 2,6.40.1 Puroose: In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in existence and either owned or under contract for purchase by the applicant as of June 19.2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master Plan. the allowable g.ross density in aggreg.ate (and intensity in the case of those lands identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the proiect. regardless of whether or not the density or intensity allowable for a portion of the proiect exceeds that which is otherwise permitted by the Future Land Use Element or Immokalee Area Master Plan as the case may be. subiect 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 Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted, subiect to all of the following conditions and limitations: l. 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 proiect in aggregate 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 proiect is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the proiect unless interim provisions for sewer and water are authorized by Collier County, 5, The proiect is currently zoned or will be rezoned to a PUD, Page 98 of 167 Words strnek thrsllga are deleted, words underlined are added 6, Densitv to be shifted to the RFMU District from the Urban Residential Sub-District is to be located on impacted lands. or the develo?ment on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native veg.etation and/or habitat with adiacent preservation and/or habitat areas, 7, The entire proiect shall meet the ap?licable preservation standards of the RFMU District as set forth in Section 3.9.4,3.A. These preservation requirements shall be calculated based upon. and applY to. the total proiect area, B. Properties Straddling RFMU Sending Lands: Densitv blending. between properties straddling the Urban Residential Fring.e 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 Fring.e Sub-District and the RFMU District Sending Lands, 2, The proiect in agg.regate 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 Proiect is currently zoned or will be zoned PUD. 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 the hig.hest quality native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7, Native vegetation shall be preserved as follows: a. As identified in Section 3.9.4 in those portions of the Project to be located in the Urban Residential Fringe Subdistrict. b. In 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 Project 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. are enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted, These wetland areas may be used for water storage provided that the water discharged in 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: Densitv and Intensitv Blending. between properties straddling. the Immokalee Urban Area and the 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, 2. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist 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 Index Value of greater than 1.2. both as indicated on the Natural Resource Index, 4, Densitv and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (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, Page 99 of 167 Words strnek threugh are deleted, words underlined are added _._- * * * * * * SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES * * * * * * 2.7.3.5. Changes and amendments, * * * * * * 2.7,3,5.3. Educational and Ancillary Plants excevtion, When a PUD is amended for the sole purpose of adding an educational and/or ancillary plant. that PUD will not be subiect 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 have on the surrounding uses. * * * * * * 2,7.4,9, Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (f0fffiEJr1y sHb<:livisi0R master 131an) 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, * * * * * * SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS DIVISION 3.2., Subdivisions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.2. SUBDIVISIONS * * * * * * Sec. 3.2.3 Applicability. This division shall apply to all division ofland 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 reauirements within Division 3.2 and Chapter 177 of the Florida Statutes, * * * * * * 3.2.6.2, Procedures for preliminary subdivision plat. Page 100 of 167 Words strnek through are deleted, words underlined are added 3,2,6,2.1. Optional. The preliminarv subdivision plat process is not mandatorv. but an option that may be exercised by the applicant upon the effective date of this ordinance, All -preliminarv subdivision plats that were approved prior to the effective date of this 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 mandatorv nature of a final subdivision plat. 3,2,6,2,1, 3.2.6.2,2, 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, 3,2.6.2.2, 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 director 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 the 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 detennination may be appealed to the county board of commissioners, 3.2.6.2.3,3.2.6.2.4. Reserved, * * * * * * 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 preliminarv subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and detennined 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 the amendment requested. * * * * * * Sec. 3.2.7. Preliminary subdivision plat. The preliminarv 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 mandatorv 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, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead 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: * * * * * * 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, Page 101 of 167 Words strnek thro1:igh are deleted, words underlined are added 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 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. * * * * * * 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. * * * * * * 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. * * * * * * 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 develeflJReet sen'iees direetor 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 de'/elsflJReRt serviees direetor Transportation Administrator or his designee 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 responsibility shall be approved by the developmeet serviees aireetor Transportation Administrator or his designee. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have 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 name regardless of the use of the suffix, All street names shall be subject to approval by the develeflJReRt serviees direetor 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 de'/eleflmeat serviees direetClr Transportation Administrator or his designee. * * * * * * 3.2,8.3,25, Central W~ater system, oeatral. A complete water distribution and transmission system to include provision for separate potable water and f@HS6 non-potable irrigation water lines, and interim water treatment or iaterim water treatment and supply facilities, if required, shall must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and Page 102 of 167 Words stmek tlrreugh are deleted, words underlined are added developments, Non- otable irri ation lines must be color-coded accordin to the Collier Coun Ordinance and Technical Standards. Rellse water liRes, pHffipS, aad other 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 stlflpleR'leatal irrigation water are not permitted or available~ Itherefore, the developer will need to provide irrigation water from a source until StieR time that retise ,:,rater may be a?lailabl@ 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. III], as amended, * * * * * * 3.2.8.4,7, Easements. * * * * * * 3, 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 lat if the a licant chooses not to submit the 0 tional relimina subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and fmal 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 be constructed, Further, 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 require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written 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/preserve area boundary~ , HRless the Clteeve seteaeks are accomplished thre1:igH BllfferiBg fll:lfsl.iaBt te seetien 3.2,g,3.4. Additional regulations re ardin reserve setbacks and buffers are located in Division 3,9 and shall be a licable 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 separate 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 maintenance 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.....QI 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. 4. 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. * * * * * * 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.;?,~ The final subdivision plat aBEi shall constitute only that portion of the approved preliminary subdivision Page 103 of 167 Words strnek tlH:ellgh are deleted, words underlined are added 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 construction period (unless a written extension request is approved by the development services director prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. * * * * * * SUBSECTION 3.ll. AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as amended, ofthe Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS * * * * * * Sec. 3.3,4. Exemptions. 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 improvement 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" a lication contents. The SBR a lication submittal will be in accordance with Division 3.3 of the Code but will be accorded an ex edited rocess as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancilla Plants as ma be amended b a reement between the Board of Coun Commissioners and the Collier County School Board, This document is available in the Records Room of the Community Development and Environmental Services Building. The expedited site plan for School Board Review. as referenced in Section 3,3.4.1.of the Land Development Code. will consist of the following areas of review: 3.3.4.1.1. Collier Coun Utilities Standards and Procedures Ordinance No, 01-57 as ma be amended, In accordance with this Ordinance. the following requirements must be met: 1. Page 104 ofl67 Words stmek thrs1:lgh are deleted, words underlined are added 2, All water and wastewater systems shall be built in accordance with the Collier County Utilitv 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 g.overnrnent water supply wellfields from land uses that may pollute shall apply, 4, Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost of up sizing said water and/or wastewater facilities, 5, 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 shall 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 Manag.ement District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. 3,3.4,1.2. Comvatibilitv Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards 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 sidewalks and pathway connections. lighting. dumpster location and screening and orientation of buildings and ancillary facilities, In addition. The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is amole space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities. this Compatibility Review will be a courtesy review, For high school facilities. this will be a formal review process and is subiect 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 parag.raph. 3.3.4,1.3, Landscaping and Bufferinf!.. 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 allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillarv Plants. Specifically. the County will recommend flexibility in the regulations for proiects where there will be ioint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment. administrative deviations may be g.ranted 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 2.4.3.1.1. of the code, but the deviation shall be in the format required 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 ag.ency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. 3, Submission of Protected Species Surveys and. if needed. wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits, 4. A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. 5. The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comoly 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 an Educational and Ancillarv Plant prior to the issuance of a Certificate of Occupancy. Page 105 of 167 Words struek throllgn are deleted, words underlined are added 7. All environmental documentation must be submitted nor to a sufficienc determination on a SBR application, Failure 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 in effect at the time that a SBR Letter of Comnliance is requested shall apply. The School District shall submit all building. information necessarv to determine site requirements including. but not limited to, fire flow requirements and fire sprinkler requirements, 3.3.4.1.6, Collier County Storrnwater Management Policies as follows: 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. 4. If an dedications of easements for draina e maintenance and/or access are re uired all necessa documentation to record the easement s shall be rovided to the Coun prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupanc~. such easements shall be approved by the BCC and officially recorded, 1. The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillarv Plant. The improvements shall be constructed by the School Board at the School District's ex~ense. unless the School District re uests otherwise in writin and the Coun determines and agrees otherwise in writing, The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site imnrovements include. but are not necessarily limited to. the widening of adiacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn 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 an other im rovements determined to be necess b Collier Coun Transportation Services Division and the Public Utilities Division. Page 106 of 167 Words strnek weligh are deleted, words underlined are added -_.,~~--. --..'''--'.-... of Chapter 17 within the Hig.hway 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, 3, Sidewalks, As part of the SBR process. the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the l'roiect 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 the 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. 5. 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, 6. 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 as required by Chapter 316. Florida Statutes, 7. The desig.n of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT. and as required by Chapter 316. Florida Statutes. 8. Any off-site improvements to be constructed by the School District. even though not required by the County. shall be subiect to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. 9. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transl'ortation imoacts, but only as they related to such expansion. 3.3.4,2. School Board Review ("SBR H) process. The SBR for School Board proiects 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 School 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. 2, The parties will discuss and enter into a written ag.reement 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 ability to proceed with any County review that may be required by the code or the interlocal agreement. Page 107 of 167 Words strnek thrmlgh are deleted, words underlined are added E, At least 120 days before commencing construction or site preparation. the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillarv Plant to the County for SBR approval. 2, Once the application package is sufficient. the County shall have 90 days to complete the review and issue a Letter of Compliance, The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered. the School District may obtain building permits and commence construction, 3. Failure by the County to issue a Letter 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 pursue 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 Director. 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 co liance with an site lan re uirement set forth in this section the Plannin 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: c, results in a g.reater than five percent increase in K-12 student capacity: or 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 temporary 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, 1. SBR and Consistency Review Fees. The County 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 proiect review services. J. Avveals. 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 Adiustments under the established procedures for this Board. l. 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. 2, The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director. the position of the School District and Page 108 of 167 Words strnek wellgh are deleted, words underlined are added A, The Consistency Review will be conducted as follows: Plant the school School District 3. The Coun zonin c, Environmental. A recent aerial and summarv table of native habitats and soils occurring on the site: a table of Federal and State listed plant and animal s ecies known to occur on the site and/or known to inhabit biolo ical communities similar to the site. d, Growth Management. Identification of any Area of Critical State Concern and Development of Reg.ional Impact. 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 the year. f, Public Facilities and Transportation, The School Board will indicate the ~rop~sed existing Level of Service Standards (LOS) and the School Board's rovlder and method of treatment for potable water and sanitarv 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 hif?:h 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 locational criteria and LDC zomng districts, Necessarv on-site and off-site improvements will be identified for these sites and the parties responsible for these Page 109 of 167 Words strnek threllgh are deleted, words underlined are added im rovements to the extent this can be determined durin this locational Consistenc Review. 5. 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 ermitted use conditional use or rohibited use in the zoning district on the site which shall evidence the Coun 's determination of consistenc as required by Section 1013.33(11) Florida Statutes, 6. After the County has determined that the site is consistent with the GMP locational criteria and LDC zonin districts the School District shall have u to one ear 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. * * * * * * 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, * * * * * * B. The following information shall be set forth on the site development plan and/or on a 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, 2, 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. * * * * * * g. Maximum zoned building height allowed and actual prspesed building height as defmed in Division 6.3. * * * * * * SUBSECTION 3.1. AMENDMENTS TO DIVISION 3.5., EXCA VA TION DIVISION 3.5., Excavation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.5. EXCAVATION * * * * * * 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: Page 110 of 167 Words struek tbre1:lgh are deleted, words underlined are added 1. 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 and/ef prel~ saeaivisien plat preeess, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development, Intentions to remove material must be clearly stated during the development's review and approval process, * * * * * * Sec. 3.5.11. Littoral Shelf Planting Area (LSP A). The purpose and intent of a littoral shelf planting area (LSP A) is to establish a planted area within an excavated lake serving as a wet detention ond as art of a stormwater mana ement s stem that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within an 6J~eayated such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSP A 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 LSP A shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: a, Rural Fringe Mixed Use District - Reserved 30 percent. This requirement may be reduced subiect to the incentives identified in Section 3,9.5.B.2.; b, All other areas -7 percent. * * * * * * 3,5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt from the LSP A requirements, Lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla, Stat.) shall be exempt from the LSP A 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 management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification, * * * * * * SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (EIS) DNISION 3.8., Environmental Impact Statements (EIS), of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (EIS) * * * * * * Division 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS) * * * * * * Sec. 3.8,2, Purpose, Page 111 ofl67 Words stmek tlHeagh are deleted, words underlined are added 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: -hA.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, J.c. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity, * * * * * * 3.8.3. Applicability; environmental impact statement (EIS) required. Without fIrst obtaining approval of an EIS, or exemption pursuant to section 3 .8.9~, 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 acres. 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 ofEIS. A completed EIS, sigaed by the preperty e\VRer sr his desigRatea ageFlt in written and digital format, shall be submitted to development services director for approval, denial or approval with modifIcations. No development or 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. 3. & .5 ,1. Applis81'lt inf-e1"N'l8tiel'l, 1. RespoRsmle El\\'Her(s)/ageFlt(s) whe ',':rote the BIS aRd IDs/her edlieatioR aRajob related eR'/irenmeatal eKflerieRee. 2, OWRer(s)/ageat(s) aame, address. 3. .'\ff1dayit Elf proef ef aHtflerized ageat, 3,&.5.2. Develspment and site alfeFatie}l infeFHlatie1'l. 1. Deserit;ltien sf proposed lise, 2, Legal deserit;ltioR of site. 3, Leeatien 8:FH! address aeseription. 3.8.5,3. Mappil'lg and supper! gffifJ,11ics. 1. GeaeralleeatioR ~. 2. Nati','e habitats aea their B01:iRdaries shall Be iaeBtified ee aR aerial phetegral'lh sf the site eKteaaieg at least 200 feet elitside the pareel bSl:lfl:dary, TlHs does ROt FReaR the afl]3lieaRt is Page 112 ofl67 Words strnok tbroligh are deleted, words underlined are added re~irea te go oa ts aajaseat prl3Jl~rties. H~Bitat iaeatifieatiea ',yill Be esasis;~t.:.~~.~ ~~:r~: ~~PaftfBt1Rt ef T.raR&flertatlea ~ler1l:la Laaa Use ~aver aad Fan:ns C.lasslfieatlOn ~ t_ . d shall be deplcted OR an aerial phetegraph eavmg a scale ef SRe lB~ :~~~ ~ ~~ ?a~t =0 f':.: .. ,,'Oilal>la "'am th. ,,_, ''''''''''", a "a1. of al 10"1 """ - .~...J Ie 00 fi t i eeptable. IafarmatieR ebtaiaed By gro1:iGd truthiag slli"':eys shall ea'.'e precedeaee over iaformatiea preseRted threllgl1 photographie evideaee. 3. Tepegraflhie mat' shewiBg liplaad, bat:hymetric comeurs aBd eldstiag E1raiBage patterns if aflplieaale. 4, EJdstiag laaa I:lse of site aad sl:llTe1:lftdiag area. 5, Seils mat' at seale coasisteRt with that llsed fer Florida DepaftHleRt ef Traa&flertati()ll Floriaa Lemd Use Caver aaa Fen:ns Classificatiaa System determinatioas, 6. Prepesea E1raiaage plaR iaaieatiag Basis flew patterns, o\:1tfall aad off site E1raiaage. 7, DevelepmeRt plaR iaeffidiag phasiag pregram, service area of emistiBg aad prepesed pu'elie faeilities, aaa eKistiag and propesed traRsportatioa net\verk ia the impact area, 3,&,5,1, .'mp8ete8teg8ries. 3.&.5.4,1. Biaphysie81. 1. j ir fj"l8lity. a, Chaages in level ef air pellutaRts as aefmea by el:llTeat regulatieas. b. N1:1JllBer sfpeeple that will Be affeetea 13)' air pollation reswtiag from the prejeet. c, Preceaures that will 'ee use [used] to redllce atherse impacts ef air pollmiea, 2, Water fju::Jlity. a. ChaRges ialevels and types efwater pelllltiaR as defined BY eurreRt reg1:ilatieas, b. Iw.'eRter)' af water uses that are restricted or precffidea Because of pellmioa levels resultiag frem this project. c. Persea affected by water pelllltieR res1:iltiBg frem the preject. d. Prejeet aesigns aad aetiaas whish will reduse adverse impacts of water pellutien. 3. Physiegrophy and geelegy. a. .\ descriptiaa €If the seil tyfles fOl:lfld ia the prej eet area, b, Aerial e)(teat af prepesed tapagraflhic medificatiea threllgh eJL0avatisn, dredgiRg aad fHlffig. (). Remeval aadler disturBaace efaatHfal barriers to storm waves aad fleediag, d, Preposed meaificatieas to Ramral tifainage pattefll6. €I, EJlteat ef imperviolls surface aRa perceRt ef gr01:ffidwater reeharge area to be eeyered, f, AFlBI:lal E1rawde\va €If grellaa...vater le'.'el resultiag frem use, g, Iaereasea siltatisn in aamral water bedies resllkiag from t-he preJlesea use. 4. Wetlands. a. DefiBe FHffiwer of acres ef Callier CewH)' jurisffietieRal wetlaads (parsllaat to the Collier Cel:lflty growth maaagemeRt plaa) by vegetatisa type (species), vegetatien eompasition (caRer)', midstery aaa gro1:ffia co':er), vegetation abl:llKlanee (domm.aat, cOH'li'Hen and eecasieaal), aRa their 'Netlana ft.mctioas. b. Determme presl:lRt seaseaal high '.vater levels aRa histerieal high water leyels by I:ltiliziag lichen lmes sr other bielegieal inaicators, (), IBaicate how the preject design impreves/aff-ects predeveleJlm€lnt hyElraperieds, d. Iaaieate prl3posea pereeat €If defiaed \vetlands te be imtJactea aad the effects €If Page 113 of 167 Words struek thro1:igh are deleted, words underlined are added propesed impaets en fi.metiens efwEldaad areas, e, IaEHeate hew the prejeet design miHimizes impaets en ,vedands. f. Iadieate hew the prejeet desi~ shall cempeasate fer the wetland impaets p1:il'SHant te the Cellier Cel:ffity grewth mafl:agElmeHt plan, 5. Uplan.'" uti!izati8n and speeies By'special status. a. Define nlHRser ef aeres of lifllands by vegetative tyfle (Sfleeies ), yegetatien cempesitien (caBepy, midstery, and grel:lHd cO'ier), 'iegetatien aellBdaRee (demiaaat, commen aBd eecasioaal) aad their lifllaad fimetions, b, lMieate proposed perceHt of defined lifllaads to be impacted aad the effects ef proflesed impacts en fuBetiens ef liflland areas, c. Indicate he's the prejeet desigR miB:iffrizes impacts en lifllaads. d, Previae a plaBt aad ammal species S{:lryey te iacltlde at a miRimlHn, Sflecies sf sflecial s::; :;~:;,e ~e''\'R to iahal:lit ~ielogiea.l co~1Hl:ities simi.lar te those t;mistiRg en site a e' ed In aceerdaaee WIth the gllldehaes of the Henda game and fresa':iater fish commission. s, Indicate hew the project desi~ minimizes impaets on sflscies €If Sfleeial status. 6. },farine :'md estblsrine reS8bll'ees. a, Preyide Cl:lITeHt State sf Hedaa classificatien of the waters (Hedda i\dmmistrati'ie Code, ehaflter 1'7 3). b, DefiBe llWl.'l.l3er sf acres ef marine aBd esmariae reselli'ees by s\:H:Jmerged grass beds, breediBg areas and Rarsery areas aad their marine aM esmariBe flmetieas, c. IBElicate prepesed ptlrceftt €If defHles mariNe aad esmariBe researees te be im.paeted aad the effects ef prspeses i~actG oa fimctieBs €If mariBe aRd esruariRe researces, d. Estimate chaRges in the decksiae laasing ef eemmereial fish aad shellfish, e, Estimate chaRges in the Sflert fishiag effort and eateh, f. Previae past histery of aa-y eR'iireameHtal ilnflacts te the area iaeh=ldiRg eil spills. g. Iadicate hew the pro-ject desi~ minimizes impacts en marine aBd esmariae researces. h. Indieate hew the projeet design shall replace the lest mariBe aad estl:lariBe flmetiens. 7, ~r . ,.8Ise. a. Descries the chaRges in decibels aad dffi:atien ef Reise generates dw:iBg aHd aftElr the projeet (beth day aad Hight) that 'Nillexceed Cellier Ceooty reglllatieas. b, Describe steps that ...;ill be taken te reooee neise levels ffiH'iag aad afttlr the prejeet. c. Preteet compliaaee with Federal Aid Highway Pregram MaBl:lal 7 7 3. 3.8.5.1,2. Publiefaeilities and services. 1. Wastewater Humagement. a. DeseIille existiBg keatmeHt faeilities as to eaflaeity, pereeftt capaeity beiag l:1sed, tyfle €If trsatmeHt aaa degree ef treatmeHt. b, If aflplieable, aeseIille similar fearures of preflesed HeW treatment faeilities. c. Deseriee the eharacter aBd fate efbeth li"l\lid aHd seHd efflaeftts. 2. Water supply. a, Estimate ef a'itlrage daily potaele aBd Bo~otable water demands by the preject. b. Sew:ce efthe raw '.vater sl:l:pply. e, AHalysis of sn site treatmeHt systeRlfi relati'ie te state aaa ee1:ffity staaaards. Page 114 ofl67 Words struek thro1:igh are deleted, words underlined are added 3, Sefid wllstes. a. Estimate of a'/erage daily veHime of selid ':/astes, b, Prepesed methed of dispesal Elf solid wastes, e, "\By plaRs fer recycliag eT reSOlHee reeevery, 4. ReereRtiel'l fl1'ld 8pen spaees, a. /\ereage aild faeilities demaad resultiag from the Rew llse. 13, "^.mewH ef pllblie park/reereatieR laRd aonated by the aeveleper. c. MaHagemeat plaRs fer aRj' epeR '.yater areas if eRe half aere or mere withm the project. d. PlaRs fer recreatieRal de'lelepm:eat BY the develeper eR dedieated laRds. e. l.mewH of pub lie reereatieR laHds remeved from Hrvem:ery by the aew tise. f, Develepm:eat aHel/or bleekage ef aecess to p1:lblie beaehes aRd 'Naters, 5, Aesthetie end cultblpel lasters, a. Previde doelHReatatieR frem the Plorida Master Site Pile, Plerida departmeRt ef state aRd aRj' priRted histsrie arehaeelegieal slHVeys that ha'/e beeR eORalleted eE. the prejeot af8&: b. Lseate aay lms':,'R mstsrie er arohaeelogiealsites aRd their relatioBshiJ3s to the prepesed pTejeet aesigR. c. DemeE.strate how the prejeet aesigR preserves the histericiarehaeolegieal iategrity of the site. d. IRdieate aRj'Ratufal seeaie feaMes that might Be medified by the prejeet aesigR aRd explaiE. what aotieRs shall Be utilized to preserve aesthetie vallles. e. Pro'/ide the basic arehiteeMal aHd lafldseapiBg desigRs, 6. Menitering. a. Deseribe the aesigE. aHd preeeGw'es ef aay pmpesed mORitermg Gw'iBg aRd after site preparatieR aRd de'/elepm:eat. See, 3.8.6. Speeifies te adaress. 3.8.6.1. Geneffll. The statem:eat shollld &fIeeifieally adaress the fellowiRg: 3 .~.:1.~. Iadicate hew the prepssed projeot has i-BeeTflerated the Ramral, aesthetie aHa o1:lltIHal re a c s afld other eWfirenmeatal oeE.siaeratieRs iR the plaRRiRg aRd desigR of the preposed proj eet. 3~.:. ~ .;. List the eR-Yirenmeatal impaet(s) efthe proflesed aetioE. aRa the reasEla(s) that the i fl e ( 1 are Wla'loidal3le aad that the impaet(s) represeat the mffiim\:HR itRflaets pessit3le te the eayirenmeatal EJ:1:lality ofthe site aRe/or the S1:iiTe\iaamg area, v,4l.ieh might Be affeeted BY the propesea tise, 3.&.6.1.3, Pre'/icle SllBstaatiated altemati'les to the propesed projeet so that reasoas fer the ehoice ef a eellrse ef aetion are elear, Rot arBitrary or oaprieieus, 3 .&.e,l.1, List immediate shortterm aRd loagterm iHlflaets te the eWfirol'lffient. 3.&.6.1.5. List aay irreversible aild irretrieval3le oemmitm.eats efRatural resel:Hees whieh weald be iwlelvea iR the prepesed aetioR shellld it Be implemeated. 8eo. 3 JU. AdaitioRal data. The de'lelepmeat serviees direeter may refJ:l:lire aRY aaditieaal aata or mfermatieR aeeessary is order te make a thorel:lgh aRB eJf:act evalaatisR ef t-he ErS, 3.8.5.1. Applicant information. Page 115 ofl67 Words strnek threllgh are deleted, words underlined are added A. Responsible person who wrote the EIS and hislher education and iob related environmental experience. B. Owner(s)/agent(s) name. address. phone number & e-mail address, 3,8.5.2. Mapping and support graphics, A. General location map, B. 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 g.o on to adioining: properties, Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (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 proiect. 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 patterns if applicable. Where possible. elevations within each ofFLUCFCS 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 program. 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 neighboring. properties, Include on the plan locations of proposed and existing develo~ment. roads. and areas for storrnwater 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, Proiect description and GMP consistency determination. A. Provide an overall description of the project with respect to environmental and water management issues, B. Explain how the proiect is consistent with each of the Obiectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan. where applicable, 3.8,5.4, Native veg.etation preservation. B. Explain how the project 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 preservation 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 Management Plan and Division 3,9 of the Land Development Code, For sites cleared prior to Januarv 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 for the site during previous development order approvals? If so. identify the location and acreage of these preserves. and provide an explanation if they are different from what is proposed. Page 116 of 167 Words stmek threl:lgh are deleted, words underlined are added 3.8.5.5. Wetlands, B. Determine seasonal and historic hig.h water levels utilizing lichen lines or other biological indicators, Indicate how the ?roiect design improves/affects predevelopment h dro eriods. Provide a narrative addressin the antici ated control elevation s for the site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site, Describe how impacts to wetlands have been minimized. D, Indicate how the proiect design compensates for wetland impacts pursuant to the Policies and Obiectives 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 Management District or the Florida Department of Environmental Protection, For sites outside the RFMU District. and where higher quality wetlands are being retained on-site, provide iustification based on the Uniform Mitigation Assessment Method. 3,8,5.6. Surface and Ground Water Manag.ement. B. Provide an anal sis of otential water uali i acts of the ro' ect b evaluatin water quality loading.s expected from the proiect (post development conditions considering the ...ror--osed land uses and stormwater mana ement controls com ared with water uali loadings of the project area as it exists in its pre-development conditions. This analysis is required for proiects impacting five (5) or more acres of wetlands, The analysis shall be performed using methodologies approved by Federal and State water quality agencies, C. Identif an Wellfie1d Risk Mana ement S ecial Treatment Overla Zones WRM- ST) within the proiect area and provide an analysis for how the proiect 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. B. Identify all listed species that are known to inhabit biolog.ical communities similar to those existing on the site or that have been directly observed on the site. C. Indicate how the proiect design minimizes impacts to species of special status, Describe the measures proposed to mitigate for impacts to state and federally listed species. D. Provide habitat manag.ement 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, Page 117 ofl67 Words struek thro1:igh are deleted, words underlined are added 3,8.5.8. 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 an environmental assessments and/or audits of the ro e . If applicable, provide a narrative of the cost and measures needed to clean UP the site. C. For sites located in the Big Cvoress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district. show how the l'roiect is consistent with the develol'ment standards and regulations established for the ACSC-ST. ro . ect. 3.8.&-: 1 Relation between EIS and development of regional impact (DR!). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required infonnation on both the EIS and DR!. 3,8.9-, 8. Exemptions, ~ 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. 3.~, ~ '~' 3.8,8,2, Agricultural uses. Beaa fide aAgricultural uses v.-lulre an agriowrural eleariBg pe Ii r eKemptieR has beeR iS5\led iR aeeeraanee ',vita seeheR 3,9,{j,5 herein, that fall 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 ofteH 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.&.9.1,2, SHea agrie1:lhural1:lse shall be eSRffileted ill a maRRer '.vhiea meets all state aHa leeal reg:lilatieas, iRelHdiRg the 1:lse efherbieiees, pestioides, and fertilizer aflfllicatioB:. 3.&.9,1.3, Beaa fide agrielll1llralllSeS shall 'ae the same as these defiaea iR sectioR 2.2.2.2.1 LDC, Permitted 1:lses, item 2, as may be amtlRded from time t9 time, ~ 3,8,8,3 Non-sensitive Areas. Any area or parcel ofland which is not, in the opinion of the development services director, an area of environmental sensitivity. subiect to the criteria set forth below. provided that the subiect property does not fall within an ACSC or ST zonin~ overla~: ::::: ::':': ::~~,:::~g, ,i;. devol.""",.. '?M'" .....t., de,~, sholl "".~~ .~~ '. to,.. hall 'ae filed IR the pubhe reeerds, that aetermmes how t.a.e preposed prejeet relates to eaeh of the follewiRg oriteria: 3.&.9.2,1, A. The subject property has already been altered through past usage, prior to the adoption 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 might be affected by the proposed use. 3.&.9.2,2. B. The major flora and fauna features have been altered or removed to such an extent as to preclude 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. Page 118 of 167 Words struek threl:1gh are deleted, words underlined are added 3.&.9.2.3, C. The surface and/or natural drainage or recharge capacity 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. 3.&,9,2,1, 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. 3,&,9.2.5. 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. ~ 3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3,8,8,5 All NBMO Receiving Lands. 3.8..w... 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,.f-h .ill. 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 after 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, findings and recommendations, 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 the recommendations of the environmental advisory board. * * * * * * SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.9., VEGET A TION REMOVAL, PROTECTION AND PRESERV ATION DIVISION 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERV ATION * * * * * * Page 119 of 167 Words strnek t1:rre\igh are deleted, words underlined are added 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations," 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County 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 conununities, To limit the removal of existing viable vegetation in advance of the approval ofland 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 non protected 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 removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. Exemptions and Exceptions, A. Development in NBMO Receiving Lands are exempt from the provisions of this Division, B. Seminole and Miccosukee Tribe Exception. EJ<eeflt that iIn accordance with F,S, 9 581,187, 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 Exemotion. Agricultural operations that fall within the scope of sections 163,3162(4) and 823.14(6). Florida Statutes. are exempt from the provisions of3,9.3 through 3.9.9. provided that any new clearing ofland 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 percenta:e of native vegetation preserved shall be calculated on the amount of vegetation occurrin at the time of the agricultural clearing. and if found to be deficient. a native plant conununi shall be restored to re-create a native lant conununi in all three strata round 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 aoply 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 permits were issued prior to June 19 2002: or proiects 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 and which have been determined to be vested from the requirements of the Final Order orior to June 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. 2, Such previously approved developments shall be deemed to be consistent with the GMP Goals, Policies and Obiectives 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 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 intensity. E, Exempt Mangrove Alteration Proiects. Mangrove alteration proiects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees. unless they are a part of a preserve. This exemption shall not apply to man~rove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of Section 3,9.4. The Collier County Environmental Advisorv Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for 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 Page 120 of 167 Words strnek tlKeugh are deleted, words underlined are added propertY and not self-imoosed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. See. 3.9.1. ."'.flfllieati9R reElUiremeRts. ~'~~'~' ~~;;; P::: :~fj~rc.d. }Ie vegetatiea remeval permit shall he is&tlea hy ~e ~~~ ::;~;~;~_~:. ~ a pheable fuaeral ~ state, aHd eoaBty ~flrev~ls as deslgaatea by the . t rnees dlfeeter have heea ohtamed, These ~prevals may memae, hut are ROt limited to: Builamg permits. CEKeeflt ia aeeordaaee ,'lith seetiea 3,VU.6. of this Ceae,) Speeial treatmeRt CST) aevelepmeat permits, U.S. f.oflRY COlfls sf Eagineers permits sr exelRfltiens, Florida DeflartlTlt!B:t efEnyirenmeatal Proteetiea flermits or eKemfltions. U.S, Fish aHa Wildlife Serviee permits or e1(emptions, Fleriaa Fish aaa Wilalife Coaservatiea CemmissisIl permits or eJr:l~lRfltioIlS, Sol:lth Florida \'Vater Maaagement Distriet flermits er exemptioll.s. Other ~plieable ageDe)' reyiews er permits or eJlemptimls. Other eelffity ~pre\'als, 3.~.~.;, Applictlti8H c~nteH~s, f.flp~ieati~~ fer a vegetatisa f~me'/al permit shall ~ ~~~~~ to th e 'elepment serYlees (hreeter Ill. '.vn11Bg SIl a fefIR provHiea by the aevelspmeBt servIces departmeBt. The ~fllieatien sha-ll iaemae the fello'Siag iflfermation: 3.9.4.2,1. .^. geaeralizea 'iegetatiea ifl.veatery \\-hieh iIleludes: ~. GeHeralized '/egettlti81'1 il'lvcHtBry. .\ geaeralizea vegetatioa Hrveatery shall shsw the ;:::~~ ~::~tie~ aad ~J"teRt of,vegetatiea llPS~ the .site, The ill':eBt~ry ~~~~ ~~~~~~a ~~on H IT'/aIlable Iaf-ermatlsa. For asmeslaeBtlal aHa maltlfamdy ae'iell3flmeRt, the :;:7-:~ -~~ ia the fo~ of a~ aerial.',>r a fiela sill'Vey, a~d may be aeeompaRi~~ by :~: 0 ap r' aeet~es Illastratmg t)'flleal areas ef '(egeta11eB reftlrenee~ ~~!es~~~~ ~~~e =:l:~~~' :~ shall elearly i~dieate h~itat ty~es afla. preteeted vegetatie~, and may be ;:;;;.~ :.~~~ by . tograflhs or YIdeot~es ll~stratlRg ~Ie~l areas of vegetatlea refere~eed to :=:. n the aenal er SlMvey. The geaerahzed vegetatloa laveRtery shall b~ ~:.'~~~~~ ; ~~; ~~a:;h elearl)' illastrates the relatienshifls 13etYieen the areas of yegetatioa and the prepesea site ilTlflrEl'iemeats, 2, ~:erafi.zed ~\'ritten ss-sessmel'lt and (J'/a!uatisH. The generalized vegetatiea HweBtery :11 be a_ mpafliea by a eriefwrittea assessment of the l'llaRt eemmuaities whiea have seen ~ :~i~:~ ~ ;~~ sit~, T~e ass~ssme~ shall ~neffi,de ~ e'l.a~1:1atisB of eharaeter aad. EJ:l:lality ef the a . HRl:lRihes uientlfied, memamg theK ranty, vlablhty, aDd s1:iea ether physwal ~~:~i::: ~ad faeters 'Shieh may affeet their preserv~tiea, !he ~B-ve~ery assessme~ aIld . 1 be prepare a BY a persoa lrn.o\v.J.eageahle m the laentlfieatlea aed eVaHlaHea of v~~~;;i~; reselMees, sueh as a forester, bielegist, eeologist, hertiel:llmrist, lafldse~e areaiteet, or eertifiea nli'fseryman. 3, ReaS8Htlble additi8Hal il'lfsNI'lati81'1. The aevelepmeRt serviees direetor may reEJ:l:lire that the applieatioR iflelllde S1:ieh aaditioaal infermation \\-hieh is reaseaable aad aecessary for adeql:1ate admiaistratioa of this divisien. 3.9.4.2.2, ^ site plaa which iaell:1des: 1. Preperty dimeBsioIls, 2. Loeatien of existiag iffirastrnetl:lre and akeratiens. 3. Loeatien ef flrElpesea stmeffires, iafrastmetlHe afla alteratioIls, 4. The loeatiea ana Sfleeies of all preteetea vegetation, Large smIlds sf a siagle speeies, s1:iea as eypress heads, may be inaieated as a gral:1fl with afl apflraKimate ffiffilber er area, 5. Speeifie iaeBtifieaaoa of all speeimeB trees. 6. Designatiea of all preteetea vegetatiea proposed for remeval. 7, Loeation aDa details of prsteetj.'/e sarrieaamg of the vegetation to 13e retained. g, Deseriptiol'l of allY flrel'lesed alteratioa of maagraves, 9. Deseription of aa)' prElpssed maiBteDanee trimmiag of mangroves, 3.9, 4,2,3, Aa elleelltea statemeBt ....-hieh iIleluaes: Page 121 ofl67 Words strnek tlarsugh are deleted, words underlined are added 1. Name, aaaress, aRa pheae efpreflerty eVlBer. 2. Name, adaress, ana pheae ef alithsrizea ageat aRa ea site reflreseatative, 3, Preef ef ewaership. 4, Legal aeserifltian, 5, Reasen fer prl3pasea remeval. 6. Methea to distiaguish vegetatien te be remevea frem. 'iegetatien te be preservea aRd =a of reffil3val. ~ib~ ~;~~a that the reet system. efthe vegetatien shall alse 'ee prsteeted. 7. 8igaa1me ef preperty ey:aer er espy ef a speeifie eentraet sigBed by property owner, 3.9.4.2.4. Vegetatisn releeatien plaR. ~:= ::eation is prl3pesed by the at'lplieaat prier to site aeve~~~~~ :::' ==~= :: :' ~:;, ;,~E;' a ~,g_o. "'0"';" pormit (V'e~~=^==;:Y be :::; ~ . wfl at servlees dneeter proYHied that It eaR be demon~~~ ~~=~ 1 t~;~;~\~,ill ~aRee the s\KVival ef the relecated vegetation. ~ y~~: r~~:: ;=:;11 d~~at metheds ef releeatien, til'RiBg ef releeatiea, watering provisions, marntenaRee and ether iHfermatisn as re~irea by the develeflm.eat seryiees direetor. 3.9.4. Vee:etation Preservation Standards. All development not specifically exempted by this ordinance shall incorporate. at a minimum. the preservation standards contained within this section, 3.9.4.1. General Standards and Criteria. C. Preserve areas shall be selected in such manner as to preserve the following. in descending order of priority. except to the extent that preservation is made mandatorv in Sections 3,9,5.3.A and 3,9,6,3,C: 1. Onsite wetlands having an assessed functionality of 0,65 or greater; 2. Areas known to be utilized by listed species or that serve as corridors for the 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. 6, Dune and Strand, Hardwood Hanunocks. 7. Dry Prairie, Pine Flatwoods. and 8. All other upland habitats. 9, Existing native vegetation located contiguous to a natural reservation. D, Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. E. To the greatest extent possible. native vegetation. in quantities and tyPes set forth in Division 2.4. shall be incorporated into landscape designs in order to promote the preservation of native plant conununities and to encourage water conservation. 3,9.4.2. Specific Standards Applicable Outside the RFMU and RLSA Districts, Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following. preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element Page 122 of 167 Words strnek threllgh are deleted, words underlined are added shall apply, This Section shall not apply to single-family dwelling units situated on individual lots or parcels. A. Required Preservation Development Tvne Coastal Hil!h Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Use Equal to or greater Equal to or g.reater than 5 acres Development than 2,5 acres 25% and less than 20 acres, 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Development and all other Less than 5 acres. 10(1'0 Less than 5 acres, 10% non-specified development ~ Equal to or g.reater Equal to or than 5 acres. 15% greater than 5 acres, 15% Industrial Development (Rural-Industrial 50%, not to exceed 25% of the project 50%. not to exceed 25% of the project District only) site. site. B, 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 Januarv 1989; 2. where the parcel cannot reasonably accommodate both the application of the native veg.etation retention standards and the proposed uses allowed under this Code. subiect to the criteria set forth in Section 3.9.7.1.E. 3,9.4,3, Specific Standards for the RFMU District. For Lands within the RFMU District. native vegetation shall be preserved through the apl'lication of the following preservation and vegetation retention standards and criteria. in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. RFMU Receiving 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. Rang.e 26 East. in the NBMO. native veg.etation shall be preserved as set forth in Section 2.2.31.5.B. Page 123 ofl67 Words struek thrEltlgh are deleted, words underlined are added b. Where schools and other public facilities are co-located on a site, the native vegetation retention reauirement shall be 30% of the native vegetation present. not to exceed 25% of the site. C. RFMU 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 shall not be credited toward satisfaction of any of the vegetative retention reauirement applicable in such NRP As, D. General Exceptions, 1. Non-conforming. Pre-existing Parcels, In order to ensure reasonable use and to protect the private propertY rights of owners of smaller parcels of land within the RFMU District. including nonconforming lots of record which existed on or before June 22, 1999 , for lots arcels or fractional units of land or water e ual to or less than five 5 acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or arcel or fractional unit whichever is reater exclusive of an clearin necessa to ~rovide for a 15-foot wide access drive UP to 660 feet in length. For lots and parcels ~reater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared, This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for g.reater clearing amounts, These clearing limitations shall not prohibit the clearing of brush or under-story vegetation 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 site preservation reauirements may be reduced to 50% if the permitted uses are restricted to the ~ortions of the propertY that are contiguous to the existing land fill operations: exotic removal will be reauired on the entire +/- 360 acres, 3. Discretionarv Exception for Essential Public Services. The community development and environmental services administrator, or hislher designee, may grant written exem tions to the above reservation re uirements on a riculturall zoned ro e for essential public services (as defined in section 2.6.9), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the reauirements for preservation of existing. native vegetation. 3.9.4.4 Specific Standards for RLSA District. For lands within the FLSA District. native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2,2,27 of this Code. 3,9.4.5 Densitv Bonus Incentives shall be g.ranted 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 reserved on-site that exceeds the re uirements set forth in Section 3,9.4.3 once a densi of 1 unit per acre is achieved through the use ofTDR Credits, B. Inside Rural Villages. In RFMU Receiving Lands designated as a Rural Village, a density bonus of 0,3 dwelling units per acre shall be granted for each acre of native vegetation reserved on-site that exceeds the re uirements set forth in Section 3,9.4,3 once a densi of2 units per acre is achieved throug.h the use ofTDR and Bonus Credits, 3.9.5. Wetland Preservation and Conservation 3.9.5.1 Puroose, The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3, unless otherwise reauired, Page 124 of 167 Words struek threagh are deleted, words underlined are added A. Where permits issued by such iurisdictional agencies allow for impacts to wetlands within this desig.nated area and require mitigation for such impacts, this shall be deemed to meet the obiective of protection and conservation of wetlands and the natural functions of wetlands within this area. C. Within the Immokalee Urban Desi nated Area there exists hi h uali wetland s stem connected to the Lake TraffordlCam Keais s stem. These wetlands re uire greater protection measures and therefore the wetland protection standards set forth in 3.9.4,3, below shall apply in this area, A, Standards. l. In order to assess the values and functions of wetlands at the time of proiect review, awlicants shall rate the functionali of wetlands usin the Unified Wetland Miti ation Assessment Method set forth in F.A.C. 62-345, For proiects 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 Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP)' as described in Technical Publication Reg 001 (September 1997, as update August 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 Department of Environmental Protection. 2. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site. regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4,2, 3. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3,9.4,3, 4, Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite, Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and proiect 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. Januarv 2001. 5. Single family residences shall follow the requirements 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 adiacent to a natural water body. b. For other wetlands a minimum 25-foot vegetated upland buffer adiacent to the wetland. c, A structural buffer may be used in coni unction with a vegetative buffer that would reduce the veg.etative 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-walt berm. or vegetative hedge with suitable fencing, d. The buffer shall be measured landward from the approved iurisdictionalline. e. 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, f. The buffer shall be maintained free of Categorv I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Page 125 of 167 Words stmek thi:eagh are deleted, words underlined are added g, The following land uses are considered to be compatible with wetland functions 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 foreg.oing uses. B. 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: 1. Mitigation Requirements: a. Loss of storag.e 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 adiacent to the impacted wetland, b. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above, If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies, c. Mitigation requirements for single-family lots shall be determined by the State and Federal agencIes during their permitting. process, pursuant to the requirements of Section 3,9,5.4. 2. Mitigation Incentives: A density bonus of 10% of the maximum allowable 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 proiects that do any of the following: a. Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site. on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equal to, or greater than 50% of the on-site native vegetation preservation acreage required. or 20% of the overall proiect 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 than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall proiect 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 after consultation with the applicable iurisdictional agencies. 3. EIS Provisions. When mitigation is proposed. the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above. 4. 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 Estates Designated Area. the Rural Settlement Area. and the ACSC. the County shall rely on the wetland iurisdictional determinations and permit requirements issued by the applicable iurisdictional agency. in accordance with the following: A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern. Collier County shall inform applicants for individual single-family building. permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas, Page 126 of 167 Words strnek thr€ll:lgh are deleted, words underlined are added 3,9.5.5. RLSA District. Within the RLSA District. wetlands shall be preserved pursuant to Section 2.2,27 3.9,5,6 Submerged Marine Habitats. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6 Natural Reservation Protection and Conservation. 3,9,6,1 purpose and Applicabilitv. A, The ose of this Section is to rotect natural reservations from the im act of surrounding development. For the purpose of this section. natural reservations shall include only NRP As and designated Conservation Lands on the Future Land Use Map, B. F or the u oses of this Section develo ment shall include all 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 proiect and the natural reservation. 1. a_en s ace allowed between the ro' ect' s non-o en s ace uses and the bound of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas re uired ard set-back areas and other natural or man-made 0 en s ace requirements, 2. The following open space uses are considered acceptable uses contiguous to the 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 nonmotorized vehicles. B, Open Spaces as Buffers. 1. The uses in paragraph A,2 above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including _la rounds tennis courts olf courses excludin rou hs maintained in a natural state and other recreational uses and yards for individual lots or parcels, or open space uses that are impervious in nature, These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition where woodstork M cteria americana rookeries bald ea le Haliaeetus leucocevhalus) nests, and wading bird roosts are found in the adiacent natural reservation, the open space uses identified in sub-sections B.2.a, through c are considered acceptable for placement within a buffer as specified below: a, W oodstork M cteria americana rookeries bald ea Ie Haliaeetus leucocevhalus) nests - 1.500 feet; b, Wading bird roost - 300 feet; c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Manag.ement Plan, C. Contiguous Native Vegetation. Existing native veg.etation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. Page 127 of 167 Words strnek threl:lgh are deleted, words underlined are added D, Wildlife Corridors. Where wildlife corridors exist for listed species. provision shall be made to accommodate the movement of the listed species through the proiect to the natural reservation. The County shall consider the recommendations from the USFWS. 3.9.7. Preserve Standards 3,9,7.1 Design Standards A, Identification, Native ve etation that is re uired to be reserved or miti ated ursuant to 3.9.4 or 3,9.5 shall be set-aside in a Preserve and shall be identified in the following 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 Master Plan, if possible, If this is not possible, a minimum of75% 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. B, Minimum dimensions, The minimum width of the preserve shall be: 1. twenty feet. for property less than ten acres. 2, an avera e of thi feet in width but not less than twen equal to ten acres and less than twenty acres. feet in width but not less than twen C. Protection of Wetland Hydroperiods, Drawdowns or diversion of the fi!round water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and proiect control elevations and water tables. In order to meet these requirements. proiects shall be desig.ned 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. with access to them from a platted right-of-way. No individual residential or commercial lot arcellines or other easements such as utili or access easements ma ro . ect into 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 establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County. without any maintenance obligation. shall be provided for all preserves on the preliminarv and [mal subdivision plats and all final development order site plans, The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. 1. Applicabilitv, Criteria for allowing created preserves include: a. Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; b. Where the existing vegetation required by this policy is located where proposed site 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 landsca e lan shall re-create a native lant communi in all three strata round covers. shrubs and trees), utilizing larger plant materials so as to more quickly re- create the 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, The created preserve acreag.e may fulfill all or part of the native vegetation requirement when preserves are planted with all three strata: using the criteria set forth in Created Preserves, This exception may be fi!ranted. regardless of the size of the proiect. Page 128 ofl67 Words strode thre\igh are deleted, words underlined are added e, When small isolated areas (of less than Y2 acre in size) of native veg.etation exist on site, In cases where retention of native vegetation results in small isolated areas of Y2 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 vegetation areas on site or conti ousto reserves on ad'acent ro erties, This exce tion ma be granted, regardless of the size of the proiect. f. When an access point to a proiect cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. 2. Required Planting Criteria: a. Where created preserves are approved. the landscape plan shall re-create a native lant communi in all three strata round cover shrubs and trees utilizin larger 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 hei ht) of three inches, The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small cano less than 30 ft mature s read and fo foot on center for trees with alar e cano reater than 30 ft mature s read five foot on center for shrubs and three foot on center for g.round covers, Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. b. Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or g.reater than twenty acres and less than eighty acres of existing native vegetation, (3) not more than 10% of the required preserves if the property has equal to or g.reater than eighty acres of existing native vegetation, c. The minimum dimensions shall apply as set forth in 3.9.7,1.B. d. All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. 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 vegetation creates open areas with little or no native vegetation coverag.e. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. 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 Preserve Management Plan shall include the following elements: 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 Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edg.e of every preserve shall be physically removed, or the tree cut down 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 be treated with an U.S, Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied, Control of exotics 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 Page 129 of 167 Words struek throHgh are deleted, words underlined are added site in perpetuity, Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves, 3. Designation of a Preserve Manager, A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being. complied with. The individual's name. address and phone number shall be listed on the Preserve Management Plan, The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve, At that time. the homeowners association shall amend the Ian to rovide the homeowner association information and information re ardin the person hired by the association to manage the preserve. The homeowner's association and the preserve manag.er shall be responsible for annual maintenance of the preserve. in perpetuity. The Preserve Manager must have experience in native habitat protection/restoration. as identified in section 3.8.4, 5. Protection During Construction and Signage After Construction, The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.9,8, H. Allowable Uses within Preserve Areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the reserve areas as Ion as an clearin required to facilitate these uses does not impact the minimum reQuired vegetation. For the puroose 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 the preserve. such as ervlOus athwa s benches and educational si ns are ermitted in the reserve. Fences ma be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3,1.C. Fences and walls are not permitted within the preserve area. 3,9.7.2 Inspections and maintenance. A. Inspections shall be reQuired for all preserves, The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: 1. Prior to preliminary acceptance of the phase of the reQuired subdivision imProvements; 2, Within the associated phase of the fmal site development plan prior to the issuance of a certificate of occupancy. 3, As required with golf courses. prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; 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 boundarv of any preserve, Accessorv structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet ad~cent to any preserve unless it can be demonstrated that it will not adversely impact the integri of that preserve, (i,e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve. unless it can be demonstrated that it will not negatively imPact that wetland, B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9,5,3.A.6. 3.9.7.4 Exemptions. Page 130 of 167 Words stnlek thrs1:igh are deleted, words underlined are added A. Single family residences are subiect only to the applicable vegetation retention standards found in 3,9.4, Sec. 3.9,~~ Vegetation removal, flIrotection and preservatio8 Removal s~tandards. 3.9.~ ~l. Vegetation pErotection Standards. ~ A. General. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of 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, 3,9,8.1.2. 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, shall be placed within the drip line of any vegetation that is required to be preserved in its present location. 3.9.8.1.3. 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, 3.9.8.1.4, D. Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the drip line of any vegetation that is to remain in its original location. 3.9.8,1.5. &.,_'protective Barrier and Signage. 1. Installation of protective barrier and signage, All protective barriers shall be installed and maintained for the period of time beginning with the connnencement 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, Signa:e shall be placed around the preserve areas to identify and protect the preserve durin construction. The boundary of the Preserve shall be posted with appropriate signa~e denoting the area as a Preserve. Sign( s) should note that the posted area is a _rotected area. The si ns shall be no closer than ten feet from residential ro e 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): B~ Who shall be responsible for the installation and the maintenance of all tree protection barriers, ~!h Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. :J..9..,.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 of ten 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 equivalent method may be substituted with the approval of the development services director. 4.;d,Protection of individual trees, When the retention of single trees is required by this Code, a protective barrier, similar to that 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,~~2, Criteria for Removal and/or Revlacement of Protected Vegetation. Page 131 of167 Words stmek threagh are deleted, words underlined are added ~ 1, Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure, ~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, ~3. A final local development order has been issued which requires removal of the protected vegetation, 3,9.5,2,1. Compliance with other codes and/or ordinances may involve protected vegetation removal. ~~~,2d5e ~~ ;:r;val fer aa llflfllie~iea ~':eIYiag yegetatisa reme'/al aetivity shall be te fI: f h evelepmeBt serVlees "breeter fiads that Feas~~~~ ~::~~ :'~: ~en ~::~~~ ~ ~~ ~:ut ~d Elesiga ef the flrefl~sed EleveleflmeBt te preserve existing ::;:: d ~ rl.'lse enhaaee the aesthetlc llflpeanmee of ~n~~~~~!~~~~~ ~ ~:=,r:i:;f :~=~: ,~~t&tiea ~ ~e desiga. precess. Relecatiea ~ ~~P!~~~~:~::~ ' . i sea eena1t1l3a te the l~;Sl:iaaee of an llflflreval m accoraanee ':/rtR the criteria set ferth iB this division, 3,9,5.2.e. ~ Pmteetcd ':eget6ltiel'l prefJesed}ar rel1wwd is HenHstivc. Replacement of nonnative vegetation shall be with native vegetation of cemparcHlle calitler aHa area and shall be subject to the approval of the development services director or his/her designee,lfI: ::~~: t~~~ffil3araSle ealitler er aiameter .a~ sreas.t height (Elflh) '"e~et&tiea is not :: ' . r €left trees that tetal the reEtUlSlte callfler may be sllsshMed, Vader ael ~::;j~.;~~; ~ee er.slmis less tRaa the R1iaimmn size r~"J:I:iiremeat,for laa~seafl.iBg ::::: ~ .,.< tlOHS v/'lll Be grantea fer remeval efaonn&tlve '/eget&tlO~~~~S:~~~~ ::c;lul ~':"~~ ~~~gh 2, ~,~ ,11, Th~ ,refl~ace~eBt r~€ll:i.ire~nt fer this '/e~etatiea Ghall be : a I , llSmg the R1iRlmtlffi ml:hgatlOa SIze entena lIsted ooder sechea 3,9.7.) Replacement vegetation shall comply with 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 hi h trees with seven foot crown s read and dbh diameter at breast hei ht of three inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3,9,5.2.7. 6, On a parcel ofland 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. 3,9,5,2.8. L The proposed mangrove alteration has a Florida 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 maybe amended. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. 3,9.5,2.9. ~ 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 approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in Division 2.4, A vegetation removal permit will not be issued for the removal or replacement oflandscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. C. Vefletation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the planning services director provided that it can be demonstrated that early transplantation will enhance the survival of the relocated Page 132 of 167 Words strnek throllgh are deleted, words underlined are added 3.9~,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: ~.L Whether or not the existing vegetation is to be preserved in the existing species composition, ~2, If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.), 3.9,5.3,3,The maintenance schedule for the removal of invasive species, ~.4. The maintenance schedule for the removal of debris, ~5,Other information that may be required by the develeflffi@nt planning services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. ~ B. On-site inspection, The develepffi@nt planning services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the preservation standards set forth in section 3,9,8,5 below. 3.9.5.5. PreservatieB staRdards, 3.9.5.5.1. "\11 aevelepment Ret speeificaUy exemptea 8Y this en:liRaBee shall iaee~erate at a mffiiffil:lffi the JlreservatieB staRaanls ceRtaiaea witBiR this seetieR. ~:~;i~i~ "\~I;eC:~lt;V::::~a s~~~,~eet~~e::~~~ge:i:~~/~. ~/e~etatieB. ~ the ~~K~~: ~~~~:~ a;'::=:na~=::-;:;'~::'::':::: ;:;::;irE.:~~~ =~ ~m:;; d:. ;~iro4 ...__ ..t_. vog...ao. ~~~..g: ; ;' = : ;:R, ~E'~e.;,3 ~:f ;,9,:~,1 ;:aitioRal aative vegetatiea shall 8e retained .~le~~ ~::~~~~ ~c: g , re : r d fat> cmre, stafiW.vater RlaBage~~~t ~~~~ d:~:;: ;~ :!:~r~::: =:~i~.: ~'=~.. its ..-,<oJ- Tho ...4 t. "'~"'" a>lditio..1 ~"''":'~~v, ::::: ::~:' : ~t;";;;;~ / . . flphC,aRt as p~ of the vegetatleR remeva-J. re::lew ~~c:~. ~~~ := : ;; ::: ' eXH;tmg '/lal31e Rat!ve trees shall 8e tr~~Rt~ nl~: ~~ ~s:~ =- ~ ;~~:;;;.;:;.~ ~ot'. "'"' ,,_looting i, BOt [,,,,",,I< 0' .~~~~~ .~ :;a: : ;e~:_ ~h" 8~ preser/ea 1R their eRtlrety \'.'ltla aU trees, 1:ffiderste~~~~ ~o~~=: t 'a e ~;di~;~~, exeept far Jlrshffiitea eRetie sJleeies reffis'/a~, enhaReement witla native plll:E:t material aRd Jll1:Hl.iRg aRa maiRteBaace, ~,5 ,5.3. "\11 Rew residential er miJ,ea ase aevelopffi@Rts greater thaa t\vel/2 aeres iR the ceastal =~i::~::~ :~::;~::t~?~a:~~:~r:~~e ~ea~::ld:;se el~~~n~:~~~~:~ ~ d ~~~:::? "oli,n (0.40) of... Moptian NO:::~ ;:~~ ~~ ==::: ~ ...J the eolffity growth maaagement JllaR &hall retala 25 perco~~:~~ ::.:: :;~~:~; .~"l~;~~;i~e ~/egetatieR ea s~e iaeleaiag 8eth the 1:ffide~ste~ ~~~~~ :~o:d ::;tl; "1 t centlglleus area ]3essffile, ",Thea ]3r0teeted s:J3ee~s ~~~ ~e~~~ed eft :: ::.:~=.:: ~ to ~,~"",-ing ..'", hn9ilot. _,'" ~"" of~ ~_"":": ~ ~e; ~: e € ee seet1ea 3.11.3 fer the maaagemeRt ef these ~~~s t \:~h~ ~=:al :~~:;: I:~i~~ :~a:: ::-it~es exist SR site, the de~ele:J3ffi@Rt Jllaas will, ?e to Jlres6rve , =: :: ;:: . e . ssffile. "^.reas eflaRdseapmg aRa epea spaee ':~~~~~ ~~~:~v:=: ;::;:::" ;;;;~i~ ~ .. .., 25 ~",... ~".'iro_ ao..'oInrinj; ~~"..~OOOI :::: .' :' .1 a that ill saeh areas ef credlt, gr0tma ee'ler e~~~~~ ~~ ::~ :: ~ =~~ =~ .:;. Who<< . ~mj'"t ho, iR<lo..4 "pOD ~, ~~~ ~~: '" ::==~': ~ ." ~ 0f exeeea the HHalffil:lfR 0pen Sflaee en~~~ ~::~~l:: ::" ::~ :~~' ~ J " ;~ e~~~;; te reEleire a larger pereeBtage 0f e]3ea s!:~ ~~ as~~: ~o :: ~e 25 ::~~::~::~~~~~at:.:=liCY' Tms J3eli,ey shall Ret Be iBtel')3retea ~~~~~~' ~e~:~:n~:~ ::::~' ::;:. ;; ,~ ~h;r::;10~ eoastlMe mere thaa 25.percent ef the slte, E~eeflhsas, ey ~~h ~f ~.; 1 1 0f illereased laadseape re€l:l:urements, shall 8e graRtea ~~ ~eels, ;:~l "'::~; ~;::~l~ aee0~odate 8eth the ]3reservatisR area aRa the pr0pesed aetiyity, e r atlOa reEll:lH'emeRts are aet aeemnmedatea, the laaaseape ]31aR shall re ereate Page 133 of 167 Words stnlek wellgh are deleted, words underlined are added ~~:; ~~~:~=i~ ~~ :~ ~hree stfata (gre1:iBd eeve~: shrub.s aad tr~~~, ,~~~~:~ ~~~ p= ' =:~;~~::f~~;;~~ 'f;l . e e.reate the lest. mamre ,egetat~oe, Sueh r~ ,egetatlO.e shall af3~1) , , 4. ef dns Code, &eEl Iaelude a E}Uaehty ef plaetlRgs mat~~ ~ =:~.:=,....tiv. vego..,;a.""" w"" ,"""'vo.. TIul fellow;.g ~~~" ::= ly: 0 . rOOHd eover; five gallee shrubs; 14 fest hIgh tr~~~ n'~~~ ~:~~ ~~ :~a~~;; dbh cdi:meter at Breast height) of three mehes. Pre'liOllSi~ clearea p~reels, void of aati'/e vegetatiea, shall Be el,emflt from this re~uirement. ~'~.~~ ~.;:;~h: types ofaew de'/elepmeat eet refereaeea iR seetiea 3,9.5,5,3 aBe'/e, ~Cs::t:; ~tl~ l~~~ ~u;;~~~e;:~iaeetial er milled use d~velep~ms 1:iBde~~ ~~~~~:. :~.:~ : ;,::::':~;'~; ;;.:'~ . Ial Ge'/elop~at; aad 3~ UiGllstnal ~evelopmeat. shall B~ r~~a ::;e:': ~:=o 1. portlOR of the aatlve '/egetatlea oa the slt~~~~~t~~~d ~~: =;;;-~;;.~~=;~;~.."'. Who. p"""'. ",,,i~' "" i..nlif~ ~~~. ~i~;7~' ::: _ J:' ~.' 'EHtatG fii'st, as a part of the retamed B~~~~~~~:t~~~~:::::=* Esee ::i: ~ il,~ ~;~~:. ::::mea~ ef these a~eas), F~r new deyeleflmeBt unde~ five ~cre&, ~ ::~l~Of e. e e eatI'/e vegetatloa OR Site (by Mea), shall be retamed, me~,,~~~ ::-:::;~~:= ':: fuw ..."lap_ fi~. ..,," " goo"'''. a ~~~ ::.i::Dl ::::: ::::: . e Ite (by area), shall Be retamed, ll'lellldIRg the lHlderstory a~d ~~ =.:::.: ~:::;f =2 """goo'" hob_. i, " h. '''''"",,,"''' W... ,,,,,,I ~ ~~ :~~ _ .1 S develepmeBt plaRs v..lll reasoaaely atteffiJ3t te preserve emmlfl1es of ~~:~~~~i:~~:~;: He'Never, this ~eliey shall aet be iateF?reted te al.lo',v de\:el~~~~t in ;: ,~b W '. 1 aaG aleBe oeRstIMe mere thae the flertll3R of the sIte reqmrea to be :i~~;:' :;:~::;; ~~' ::~7s of mitigatioa in the farm sf ieerea~~2:~~s:~~:;:::=t~ :;:;:ra . ~r 1 ' eh eaneet reasonaBly aeeernmedate Bsth the pi'~~~i~ afea aed ~:n{rc:~~~ :~i?f '~:ere aativ~ preservMieB reE}Uire~ets !He net a~~~~~~, ~: ~s _ a al re €late a Ratlve plaat eemffilHlHy lR all Wee strata (gr~~d~~~~~ shrubs ~~: ::~ ~~:~~ ~~:::: :.laat materials 8S aG to more qllieHy. re ereate the l~st matw'e . :~ .. .' a lOR shall af3ply the staeaards ef seehee 2, 4, 4. ~.:~ ~~~, :~ :ehide : =:1 ;l:::;=~h.iRg the .ameuat efreE}Uired preserved Bativo ~~~~t~~~ ~~~::: ~l;::~ . . U I liRlmwn SIzes shall af3ply: Oae galleR gre1:iBd eover; flv", gaUsa sbR1bs; ~. h;' p~~~.::~ ::ith a sevef! feet er~V:R 8~r~aa aed a d~h (diameter at Breast hei~) oftlKee c ' e , 1 sly de!HeE! p!Heels, VOla ef natIve Yegetatlee, shall be el,emflt from this reE}Uiremeat. ~'~';.~'~' :tf!~ :E!e agriew~al uses shall be eXEi~t frem the abe'/e preseryatien re~tliremt1ats =: t 1'1 new ele!Hmg eflaBd fer ooch agr10wRHal tlses shall ao: ~ ~~~~~: ~:a~~~::l:~~~i::an;~ fer at least tea Y.6!HS, Fer th~ pafP08.e efthis. seet~~.:~..~~::~ :: : . _1 e& eek:1de the fallowmg: erop ralsmg; daIry famHeg; h~rt~~~~-fr; ~~ :: p o~~;i;; r;;stry; grO'..es; BW'series; raeehing; flOllltry aed egg prsooct~; :~V:~:~k rais~; ~=~l;;~ f-er aative species subjeet te State efFlerida Game aad Fresh Wat~ ~i~~ ~;;;;~~~ p0~~. For~' s1:ieh eowlersisBs m.less thaB..teR years, the ~eB",'erted lim~ will Be re .. th aatlve YegetatIOR to the degree reqmred by thiS Cede at the time the deanng ~:=' The eDmffilHlity develepmeat aaE! ea':iroaHleatal serviees admffiistrator, sr his/her ;~; ;1';;' ~y ~;;; writt~B exe~pti('ll'ls,te the abe'/e. flreserl~tion r~E}Uiremeets ~e~~~~~~allY :~e .operty fur esseatlal flueho servlees (as prevlded fer ill seetlOe2.6.9) aad ~~~~~~~~' ~~ it ~~~ ~ d;meRStrated that it is ia the best mterest of the geReral puelie te ano~~' a reduetion in all or flart frem the reE}Uiremeats fer preservatiee of existiRg Rali'/e vegetation. 3,9,5,5.6, Natiye Preserve Criteria ~' J::;~:fi~t1tien. Native vegetatieR that is reE}Uirea te be preser/ed pars1:iaat te 3,9,5,5 shall be et . 'a Preserve. .^.reas set aside as preserves shall be labelea as "Preserve" ee all site ~ 2, Minimul'Il dimensiens, The mffiimum \vidth of the preserve shall be: a.tweaty f-eet, fer property less than tea aeres. b,an average of thirty feet in wiE!th but Bet less thaa tv/eat'! feet iR '.vieth, for preflerty eq\:lal to ten aeres aBd less tRaa tweet)' aeres. C.aR average of fifty feet iR witkR Btlt Bet less thaR t\'leaty feet for preflerty of p;;eaty aeres and greater, ~. ;rc::;.p~scrves, Wher~ er~ateE! preserves ~re aflflre'led, ~.a.e l~dseaf3e plim shall re re e = 1',' plaat COmB'lllRity lB aoooniance '.vlth the vegetatIon SIzes aad staeaarGG set forth ~~ 3.~.~~, The spaeiRg of the fllaets shall be as follows: tv/eaty te thirty f-oet en eEimer fer trees ~~e a ~;:ll eaeopy (less thaB 30 ft mature s~reaa) and ferty feot oe eeater fer trees with a c . ~y (greater thim 3Q ft matw'e Sflread), five f-eet ef! eeater fer shrubs aed three fset on ~:~;~~:~ ee'/ers, Plaat mate~ial,shall be planted ~a a m:-~er tha~ mimies a eatw'al . . e~ _ &eEl shall eot be malatailled as laBdseapmg. MHlunwn SIzes fer ~l~nt ~:~~l ~~ Be ;~dueed for serna ana ether l,erie habitats vlhere smaller size fllaats material ~e better slliteE! fer re estaelislm'lem of the Raave plaat cemmlHlity. Page 134 of 167 Words struek threllgh are deleted, words underlined are added a. '^4'lpreved ereatea preserves, identifiea iB 3,9,5.5 as mitigated native preservatisa, may be llsea te reereate: i. eot mere thaa eee aere ef the rell"irea preserles if th6 property RaG less thaR nveaty aeres ef .misaRg Bative vegetation, ii, Bet mere thaR f\ve acres of the rell"ired preserves if the preperty RaG eq1ial te or greater thaB t\veat'j acres and less thaB eigllty acres ef eJtisting Bative vegetation, iii, Bot mere thaB 10% of the reEt\iirea preserves if the preperty has ell"al te or greater than eighty acres ef eJtisting nati'/e 'legetation, b. The miaimum dimeasiens shallllf'ply aG set ferth in 3,9.5.5,a,2, c. ;\11 perimeter lanasellf'iag areas that are reEt\iested te be appwvea te fulfill the nativ6 'legetatien preserve reft\iirements shall be laeeled aG preserves and shall cemply VA.th all preserve seteacks, d. Created preserve eJwefltiens may be graated: i. 'J.'hen a State sr Federal permit reEJ.uires creatien sfnati'le haBitat eft site, The created preserve acreage may fulf1l1 all er part efthe native vegetatien reEllliremeat when preserves are plaated '.vith all Wee strata; usiftg the criteria set ferth in C1'8ated Preserves. This exceptieft may Be paRted, regardless of the size of the preject. ii. when small iselated areas (ef less thaa l/l aere in size) ef native '/egetatien eJtist on site, In cases where retentian ofnati'le 'legetation reslllts in small iselated areas of \~ acre er less, preserves may be plamea with all Wee strata; using the eriteria set ferth ia Crca1ed Preserves and shalll'le ereated adjaeeat eKistiag native vegetatieft areaG on site or eoatigllouG te preserves en adjaeent properties, This eJteeption may be gramed, regaraless ofilie size efthe project. iii,'Hhen an aceess poiat te a projeet eaBRot l'le releeated. To cemply with ebligatery health and safety mandates sllch as read alignments rel:J.uired l'ly the State, preserves may be impaeted and create a else'.d'l:ere on site. 4,. Reqblired SetBad;,; t8 P1"8servcs. .\11 principal struemres shall have a minimum 25 feot setbaek frem the beandary of any preserve. ;\ecessery strncWi'es and all ether site akeratiens shall have a minimam 10 foet setbaek frem the bel:lHdary ef any preserve. There shall be ne site alteratiens within the first 10 feet adjacent to any preserve ualess it can Be demenstrated that it will not aGversely impaet the iategrity of that preserve, (i,e.. Fill may be llf'pro'/ed to be pla.,ed \vithiB 10 feet of the l:lflland preserve but may net be aPfll'O'/ed te be plaeed v:ithin 10 feet ef a '",etland preserve, ooless it CaB be demonstrated that it will Bet negatively impact that wetlaad. ) 5. !nw~si'/e Exatie Vegetatian Rcmeva.l and Maintena.nce P-klns. EJwtic vegetatien remeyal and maiatenanee plans shall reEtUire that categery I eJwties be reme'lea from all preserves. The exoties within the first 75 feet of the el:1ter edge of every preserve shall Be plrysieally reme':ed, or the tree eut do':.'H, te grade ana the stmnp treatea '.vidi a V.S, Ew:irenmental Preteetien f.geney llf'preved herBicide and a visual trace dye applied, EJL13tics within the interiElr Elf the preserve may be appreved te be treated in plaee, if it is determieed that plrysieal remeval might calise mere damage to the native vegetation in the preserve, When prohibited exetic vegetation is reffl0ved, but the base ef the 'legetation remains, the 'ease shall 8e treated with aft U.S. En.yirenmental Proteetion .^.geney approved herbicide and a vislial tracer dye shall be llf'plied, Exoties ..vitellin the interior ef the preserve may be llf'flreved te be treated in place, if it is determined that physieal remeval might caUGe ffl0re Gamage to the native vegetation in the preserve, When )3rohi'eitea eJLOtie 'legetation is reme'led, bllt the base ef the vegetatien remains, the base shall be treated ',"lith an U.S. Ea'liroIlfRemal Pretectieft .\geney apflroved herl'licide and a Vi&llal traoer aye shall be atlplied. .^. maiatenanee plan shall be implemeBted on a yearly 'easis at a minimum, or mere freqllently '''''Ren reEj1:iired to effectively "oHol eJwtics, and shall deseri'ee speeific teeooiEllles to preveat reinvasion by prohibited eJ<otie vegetatien ef the site in peIf1emity. The plan shall Be llf'prevea prier te the issuanee of any final leeal de\'eloflmeRt erder. a. EX€!Hxptie1'ls. .^.pplioations fer aevelepment oraers amheriLiRg site imprevemems, i,e., an SDP er FSP and sn a ease by case basis a PSP, that are sllbmitted and deemed sufficieat prior to llHl.e la, 2003 are net reEJ.'Uirea ts cemply with the Be'.v reglllatisns in sectieB 3.9.5,5,a. adopted en looe Hi, 2003, 3.9.9. Reauirement for Removal of Prohibited Exotic Veg:etation. 3,9,9,l.General Page 135 of 167 Words strnck throllgh are deleted, words underlined are added A. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. B, Native veg.etation shall be protected during. the process of removing prohibited exotic vegetation. in accord with the provisions of Section 3,9,8.1. C. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: 1. From all rig.hts-of-way, connnon area tracts not proposed for development. and easements prior to preliminarv acceptance of each phase of the requirement subdivision improvements. 2, From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. 3. From all golf course fairways. roughs, and adiacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. 4. From property proposing any enlarg.ement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. D, In the case of the discontinuance of use or occuvation ofland 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. E, Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. F, Herbicides utilized in the removal of prohibited exotic vegetation shall have been 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 V,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 vlan, Noncompliance with this plan shall constitute violation of this division, The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy. or other final accevtance. for compliance with this Division, 3,9,9,3, Applicabilitv to New Structures and to Additions on Single-Family and Two-Family Lots. In addition to the other requirements of this Division, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessorv structure and any additions to the square footage of the principal or accessorv structures on sing.le-family or two-family lots, The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal Vermit. prohibited exotic veg.etation may be removed from lots which are zoned residential sing.le-family (RSF). estates (E). village residential (VR). and mobile home (MH). prior to issuance of a building permit. 3.9,10. Reauired Permits and Notices 3.9.10.1. Veg.etation Removal Permit A. Other vermits reauired, No vegetation removal permit or final development order authorizing site clearing or site improvements shall be issued by the planning services director until all applicable federal and state, and County approvals as designated by the planning. 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 Protection permits or exemptions, Page 136 of 167 Words struek thro1:lgh are deleted, words underlined are added 5, U.S. Fish and Wildlife Service permits or exemptions. 6. Florida Fish and Wildlife Conservation Commission permits or exemptions, 7, South Florida Water Manag.ement District permits or exemptions, 8. Other ap\,licable agency reviews or permits or exemptions, 9. Other county approvals, B, Application contents. Application for a vegetation removal permit shall be submitted to the planning services director in writing on a form provided by the planning services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: a. Generalized vefletation invent01Y suverimposed 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 accomoanied 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 may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. b. 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 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. ecolog.ist. horticulturist. landscape architect, or certified nurseryman, 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. 2. A site plan which includes: a. Property dimensions. b, Location of existing infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations. d, 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 veg.etation 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. 3. An executed statement which includes: a. Name, address. and phone ofpropertv owner. b, Name. address, and tlhone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. Page 137 of 167 Words strnek thnmgh are deleted, words underlined are added 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 ~ ~ C. Review procedures, 3.9,910.1. Issuance afpermit, Based on the information contained in the application and obtained from the on-site inspection, the development services director, afld fer maagreve alteratien permits the natl:l:ral reS0llfces d-ireeter may approve or deny an application. An approved vegetation removal pennit is valid for a period not to exceed 180 days eKeept for maagrove alteratian, Mangrove alteration pennits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida aQepartment of e~nvironmental p~rotection. An extension requested prior to expiration of the original pennit may be granted for good cause shown upon written application to the development services director and fer maagro'/e alteratioa permi-ts the cellRty maaager or his desigaee, The development services director and for maagrave alteration permits the eelffity maaager or his designee may attach conditions to the pennit 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 pennit. ~2. Denial afpermit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. ~3. Permit fees. All vegetation removal and agricultural clearing pennit applications requiring review and approval shall be charged a review fee 1:iflless speeifieally e1(smptea by the deyelepment serviees directer pllf&Uant to this Code. The beard of eolffity eemmissisaem shall establisH aad adept, by reselution, a seheoole of fees fer yegetatien reFn0yal, re'/iew aHd apprsyal permits. The seheoole of fees and the re&olutien establismag sl:leh fees shall ee on file with the elerk to the eeaf(~. The sehedwe of fees may ee ehaaged as established by resolution of the b!ioard of ",County ",Commissioners, 3,9.lQ, 1. D, Veg.etation Removal Pennit Exceptions 3,9,10, 1.1. f. yegeatioa removal fee is net re~in~d te reFn0ve the f-ello\ving prehibited eJ.otie vegetatien from develsped preperty er frem 1:ffideveleped preperty after a vegetation reFn0val permit has been issued: (1) f..l:lstraliafl pine (Casaarina spp.). (2) Melalellea (Melaleuea spp.). (3) Brazilian peflfler (Solrinlls terebimkifolius ). (1) Earleaf aoaeia Vl.oaeia aooeulifermis), (5) Catelaw nHm:esa (Mimssa pigra). (e) Java pHim (Syzygium eamiai), (7) De';.'Rj' resem:yrtle (Rhademyrtus tomeatesus), (&) Wemen's teRglie (,^.lbizia lebbeek), (9) Climbing fern (Lygedillm spp.). (10) ;..ir potato (Dieseorea elllbifera), (11) Lather leaf (Cokibriaa asiatiea), 3.9.10.4,2. LExcept for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal pennit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel ofland 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 single-family lots have been subdivided for single-family use only, where the following conditions have been met: Page 138 of 167 Words struek thrcmgh are deleted, words underlined are added '--'-"'- B-1 ~ A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or ~ b. The permitted principal structure has been constructed, 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, 3,910.4,3, /". '1egetation remeval f'll:lrmit is net re€J:l:lired for the reme'/al ofvegetatien ether thaa a specimen tree from pref'lerty zonea agriculmre (.^.) where the felle'.ving eonditioRS have beeR met: (1) The preperty is te be used for a boaa fide agrieulmr-aluse as aefined by this Celie aad applieatien fer an agriculmral elearing pefl'lTit has beeR filed v;ith and appreved BY the develepmeat serviees aireetor prier to the remeval of a>>y preteetea vegetatien p1:l:fSliaffi ts tlHs ~ 3.9.10.4.4, 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 the development services director as part of the final development order. 3.9.10. 4.5. J.:. A vegetation removal permit is not required for the removal of protected vegetation other than a SfleeimeR tree 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. 3. 9.10. 4. 6.4 , 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 swateh swath that is less than three feet in width. 3.9,10. 4,7, Maagreve alteratien prejeets that are exemptea frem Flerida Depanm.em ef Ew;irenmeatal Prstectien f'lermit requiremeB:ts by Florida ;\dfJ::H.nistrative Code 17 321. 06Q are e,.l:lffil3t frem preservation standards fer the maRgrave trees, 3,9,10. 4 .8. The Collier CelHity plaooiHg eoHHllission may graat a varianee to the pflwisiees ef this section if ceffil31iance with the Rlaegreve tree preservatieR standards ef this di';isien we1:ild impose a ooi€J:l:le aed 1:Hlfleeessary hardship OR the O'.\'Rer or aay other persen in COWl'll of affeeted property, Relief shall be gramed oRly llflon demenstration by the landowaer er affectea flarty that sach harashifl is peealiar te the affected preperty and net self impesed, and that the gram ef a variaaee v;ill Be eeRsisteat v/ith the imeat ef this dh'isieR and the growth managemem plan. 3.9,10,1,9. ~ A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions 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 Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic Vegetation shall require a veg.etation 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 ground. 3.9,~1O.2Agriculturalland clearing. A, Land Clearing Permit. A permit for clearing of agriculturally zoned land for boaa fide agricultural uses that do not fall within the scope of sections 163 ,3162( 4) or 823 .14( 6), Florida Statues, as definea by this code, shall be required for all agricultural operations except as exempted by sectien 3,9.6.5.8 efthis Cede 6 below. ~ l.Application. An application for an agricultural clearing permit shall be submitted in the form established by the de'lelopmeat planning 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 clearing application: (1) ~If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the dtlYelepmeat planning 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. Page 139 of 167 Words struek tBrcll:lgh are deleted, words underlined are added ---- ~ b. The application, including generalized vegetation inventory and clearing plan as outlined in sections 3.9.1,2,1, 3.9.1,2.2 and 3,9,1.2.3, 3.9.1O.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 agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. fJ1 f.:. 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. f4t !L 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. ~ ~ 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. W [ The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2,9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3,11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. f71 &. The property owner, or authorized agent, has filed an executed agreement with the deyelepment planning 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 use 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 seetioR 3.9.8,5(8) 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, (&j h. The property owner, or authorized agent, has filed an executed agreement with the development planning services director stating that the owner/agent is aware that the Collier County 9~oard of 6hounty 6hommissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing permit by the develspment planning 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, ~2, Determination of completeness. ~ After receipt of an application for an agricultural clearing permit, the developmem: planning services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3 ,9 ,~,l 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 may be made in accordance with the following: !:h Where the applicant submits, as part of the application for an agricultural clearing permit, a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or fef an ACOE permit or exemption, as applieaele, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further 6hounty review and providing that all other deficiencies in the application have been addressed. A determffiatioR ef completeRess or a medified detemH.aatieR of eempleteaess shall be made, iB ''vriting, within ten 1311smess aars of reeeipt of the completed applieatioFl. 3,9,6.5.3. Criteria for review of application, Review of the application for an agricultural clearing permit shall commence upon isswaIlce ef the determination of completeness or modified determination of completeness and shall13e eompletea ',yithiR 20 bwsiaess daj's from. the date of issllanee to the applieaDt of a detemH.aatioa of eempleteRess eKcept '.vhere additienal data aRd or iRfermation is reqHired to address envireBRleatal impacts, Where Page 140 of 167 Words stmek tlrrewga are deleted, words underlined are added .--- s1:leh aaditienal aata and sr infermatien is retJ:l:l.ii'ea, staff shall have ten aasiness days te eo~lete review oithe applieation after reeeipt of said additional aata aRe er iRferma-tiCln frem the ltflplieaRt, The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: 1, }. determieatien of eompleteness er a meeified determination of eeHlpleteaess has been issl:led te the ap131ieaffi, ~~ An on-site inspection has been made by staff, if indicated, J.:b, Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of the Collier County growth management plan and the Land Development Code, as may be amended from time to time, ~ Additional data and or information required by the e~ounty to address environmental impacts shall be submitted by the applicant l:ifleH ivritten requ.est by staff. S1:leh reElHest shall ae seRt by eertifiee mail, ret1:lrn reeeipt requ.ested, Slloh additieeal data ana or informatien shall be sllbmittee to the eel:mty ay the ltflplieaHt withiR the 20 day review 13erioa speeified in seetion 3,9.6.5,3 above er the applieation for aH agrieHltl:lral elearing permit shall ae deRied lHIJess the aflplieaHt has petitioHed the eolffity in 'sritillg fer ll:H extensioll of time. 3,9.6.5 .1. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with seetioH 3.9.6.5,3 above, the de'/eloflmeRt planning services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing, wiJmn ten b1:lsiHess days ofreeeiving a completed aflplieatioH fer an agriollltlMal elearing penmt. For pl:ITposes Clfthis section, all applieatiCln fer ll:H agriellltl:1:ral e1earieg flermit shall net ae eOHlfllete \:lRtH all apfllieable eOHaitioHs speeified in seotien 3. 9. 6 .5 ,1 are addressed ana attaehed to the aflplieatioH, incllleiBg ltflfllieable permits er exemptiens from the SFWMD or .\COE. Where the agricultural clearing permit is denied, the letter shall state the reason( s) for said denial. ~5, Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the develspmeRt planning services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity in aeeordaRee with the reql:liremems of section 3,9,(j,5~.1 efthis Code, Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 3.9.6,5.6. Exemptions for af!ricultural clearing permit. -h~ An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No, 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence 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 agricultural operation; or other information 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 clearing 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 of new growth, such as shrubs or trees, from areas previously permitted 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 clearing permit but must obtain a vegetation removal permit. J.: ~ No agricultural clearing pemnt shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God pro'/idieg provided that: Page 141 of 167 Words struck threHga are deleted, words underlined are added ..~,-~....,---- a-:ill 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; tloW The tree is not a specimen tree; e-:-.Q2 The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; d-:ill. The parcel is currently engaged in bona fide agriculture, as defined by this Code. &.-ill 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 following information: 1. a leg.al description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2, the date on which land clearing will begin; 3, the date on which land clearing is expected to be completed; 4, a veg.etation inventorv identifying the acreage of existing native vegetation on site prior to any site clearing: and 5. a signed agreement acknowledging the 25-year prohibition on the creation ofTDR 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 the RLSA a signed agreement acknowledging that. if the land being cleared for agricultural 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. 3.9,a.a. R6Etlliremeat for removal ef prehiBited exetie vegetatien. 3,9.6.a,l, Prehwited e,.etie vegetatisn remeval aad metheas ef remsval shall be eenooeted m a~;r~ee '.v-ith the speeifie pre'lisiell6 regarding prehibited t:metie vegetatien removal m eaeh loeal dlwelepment oraer. 3.9.a.a,2. Preteetien ef native yegetatioR, aeeordiRg te the aflplieable pre'lisiens of this division shall be reEtllH-ed ffiHing prehibited e}wtie 'legetatien remeval. 3.9,{j,a.3. Prehillited exetie vegetatien shall Be remeved: (lJ Pram all rights ef '.va:y, eel11R'l0n area kaets not prapesed fur develepment and easemeats prier te prelimiaary aeeeptance ef the phase ef the reqairea s1:lBdivisien improvemeats; (2J Prom w-ithiR the assaeiated phase efthe final site develepment plan prior te the iss1:limee of a eertiHeate ef eec1:iflaaey. (3J Prem all galf e01:ifse fair.vays, reugRt;, and adjae6nt spen space/nataral preserve areas prisr te the iSSllaaee ef a eertifieate of oee1:iflaney fur the fH'st permitted sk1:1etme assoeiatea 'Nith the gslf e01:ifse facility; (4J Prem preperty propesing aay eniargement of existing iaterier fleer spaee, paved parking area, er sl:lGstantial site impravemeat; (5J In the ease sf the diseeatmualK?e of 1:l5e or oee1:iflatien ef land er water er sk1:1ctme fer a periea ef 9Q eenseeutive days or mere, preperty eym.ers shall, prior to sl:lGseEtllent use af sueh land er water er 5k1:1ctme, eenferm te the reg1:1lations speeifiea by this 5eetien, 3,9.a.a.4. Verifieatien ef prehiBited exetie 'legetation remeval shall be perfermed BY the development serviees director's Held representati'le. Page 142 of 167 Words strnek WSllgh are deleted, words underlined are added 3.9.{l,{l,4,l. Her'eicides utilize a in the rem~rlal efprehiaited \:metie vegetation shall have 'eeen aflprovea 'ey the D,S. EnvirsnmeBtal Protectien :'.geacy, ~.~,:~:,4,~ ~~/;:iaite~ exetie vegetat~en is remeved, bll~ the 'ease efthe vegetatien.r~mains, h e 5 a ted '.'lith an D,S. En'lKoam:ental Proteetlen Ageney apflrovecl herbIeHie and a '/isaal tracer aye shall 'ee afll"lied. ~:':.:':. .~~ ~i~enanee.p~an shall ~e sll'emi.~ed to the deve.lol"ffient ~erviees direeter for revie'N s t s .vm 6Et\:Ure prehl'eltea eJlOtle 'legetatlen removal pner to the ISSlliHloe ef the leeal ~~\;::P:~Bt ercle~, This ma~nteaaaee p.l~ shall des~ri'ee s~eeifi~ teohBiEt\ies te prevent reiavasion =;l~~~~: ::etlo yegetatl?n ohh~ s~te lR pelfletuIty, ThIs malBtenanee plan :h~~ ~~ . e a yearly baSIS at a HHnlmwn, Issaaaee of the leeal aeyeleflment or~~ s~~~ ~~ ~ii~~~ \:lfJ~R ~~r?':al efthe maintenanoe pl~n, N~aoampliaaee ','lith this pl.an sha~~ ~~~~i~e ;: ~-;:;i;1,:s EhvIsIe.n, The develepme~ servlees dueetar's field representatr:e shalllRspect tel I lly after ISS1:laaee of the eertlfieate of oeellpaney, er ether [mal aeeeptaaee, f-or cemplianee with this clivision. ;.~.~,6, :: :ditie~ te the other re,ft1:iirements ahhis cli:is~sR, the aflplieant shall 'ee rellllired to ;:;:;;::t:;; faHRly ~ad. twe faFmly lets for all new prHl€Ipa~ ~r aecess~ry struc~es and :: .. s te aD)' prlBo1flal er aeoessery struernres, all flrehHllted eJ<otle Yegeta~:~~ ~~:~~~ ~ ~l~f:;:.~~;:a~ey is gr-aBtea, The r~ml3':al efprehiai.tecl e)(e~i~ vegetat~en shall ~ required =::_ I. n lSsuanoe of a vegetatIen n~meval pefffilt, prehH'Htecl e~(etIe vege~t~o~ ~:~~~ ~fi:~~m l;~ :.ymeh are zaFled residential siagle family (RSF), estates (E), village residential (VR), ana meaile heme (MH), prier to issllaaoe ef a 'etlilding permit. 3.9,{l,7, Desigaation of Sfleeimen tree, By rewffitien ef the Collier Ce1:lBty Beara ef Co1:lBty CofRR'lissieners, a plant may a~ ~~~~~~~~ a :r~i~~i: ~:c~se ef its histsrieal, sigRi~eaaee, ~arity in Cellier Ceooty, age ar ~~~~d~~:; Z~. armg shall 'ee held WIth FletIee pre'llclea te the flroperty S\VRer by oertIfied mall. Th; d~si~;tien shall be recorcled iB the sffieial reeerds of the elerk of the eirellit eowt, All recarcliag fees are the resfloBsibility of the Collier CeaB:ty Bea-rQ of Cmmty CeHlfl'lissieners, 3.9.11. Enforcement 3.9.e.,&11.1. Penaltyies, A. Fines, 1. The failure of a property owner or any other person to obtain an approved agrie1:llt1:1ral clearing permit as required in seetian 3,9 .(l. 4.3 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 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 conunissioners 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 ag.ricultural clearing. pursuant to Section 3,9.10.2. to put the subject premises into a bona fide agricultural use as reqwecl in seetieR 3.9,{l,5,l(7) shall constitute a misdemeanor for whieh t.ae agrie1:l1tlHal cleariFlg permit was aflprsvecl by the aevelepFBelH seniees direoter 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 by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county conunissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 3. }.a)' persea violating any previsioBS ef tais Ceae ef the eenditioaG ef a permit isslled herel:fficler, aacl net speeifieaUy eeyered iB s$sectioB (1) and s1:lbseetiaR (2) sf this seetion, shall oeBstitute a rmsaemeaaer aaQ eaefl preteeted liviag, 'l:OOay plaBt, eOBstituting protective vegetatiea, remevea in '/ielatioa of this COQe shall een&titute a seflarate aad distiBot offease afI.i'i l:lflen cew/ietisR shall be pl:ffiishecl by a [me nat te eJweed $500,00 pef violatian or by imflriseRHielH ia the oo1:lBty jail Bet te eJ(ceed ao days, Sf 13y beth &lleh fiFle and imprisenmeBt. In adclitien to er iB lieu 0f t.ae peaalties provided by geaerallaw for vialatieFl of ordinaaoes, tRe board of eal:1Bty oammi.ssioRers may 'ering iBjl:lflctive aetioR to enjoin the remeval efyegetatien iR violatisB of this Cede. 4:- B,Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, Page 143 of 167 Words SID16k threugfl. are deleted, words underlined are added -,~,-,,-_..<".- then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: fAj,L The restoration plan shall include the following minimum planting standards: fB .!hIn the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is 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 grade No, I or better as graded by the Florida department of agriculture and consumer service, fJ1 f.:.All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches, ~ 4.,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 provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code), ~ ~It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. fIBLIn 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, ~L 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. (I)B. 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. OO~ 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 order or has applied for a building permit. fB6. The 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. fGj7. 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 ofland and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged,) 3,9.9-: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 development 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 Page 144 of 167 Words strnek tb1sagh are deleted, words underlined are added 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. 3,9,6.9.1. B, Requirementsfor 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 ofland, or permission from the landowner to mitigate on his or her site shall be provided, 2. The mitigation plan shall be prepared 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 simplified 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. 3,9,6,9,2. 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 offoliage, (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. Page 145 of 167 Words struek thre\:lgh are deleted, words underlined are added ,- 6. A program to control prohibited exotic vegetation (section 3.9.6.4,1) in the mitigation area shall be required, 3,9,6.9.3. D. County review of mitigation 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. 2, Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. 3.9.6,9.1, E, Monitoring and replanting. 1. A monitoring program shall be required that would detennine the survivability by species of the plants used in the mitigation effort, A minimum of five reports will be submitted. Reports shall be due at one-year intervals. 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 and/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. 3.9.6.9,5, F. Donation of land or funds, The donation ofland and/or funds to a public agency may be made if none of the above are viable alternatives. This donation ofland and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.11.2.A. 3.9.6.9 3,9,6.9.4 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.-1:lb 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,&U, Suspension of permit requirement The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3,9.&"U.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.&"U.2. The vegetation removal is necessitated by disaster related damage, 3.9.&.:-U,3, The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11), 3.9,g,4, The vegetatieR Ie Be rem.wed is Ret a sfleeiFBeR tree, * * * * * * SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.11., ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11" Endangered, Threatened or Listed Species Protection, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 146 of 167 Words struck thrsllgh are deleted, words underlined are added -,.- DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION * * * * * * DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION 3.11.1 General. 3.11.1.1 Title and citation. This division shall be known and may 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 endangered, threatened or species of special concern; 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 Flora (CITES) on Appendix 1, Appendix II, or Appendix III. 3.11.1:.3. Nv'/,' ami existing tfe':eJ&pment Applicability and Exemptions. A. General Applicabilitv: 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. For Hew aad exii>tiBg develepmeBt aad eenstrnctieB plH'Sllant to divisiens 3.2, 3,3 aBd 3,9 of this Cede, aBd the buildiag eede of Collier Cel::lRty, \Hl.til pemJaBeBt guideliHes aad standards are adepted by Cellier Cel:lnt'f, the fellowing shall aflply ai> iBterim guideliBes or stanaaras fer the pretection of eadaagered speeies, threateBed species aad speeies ef special ceflcem as preseribed by Geal 7 afld associatea objectives and polieies, as arn8flaed, of the ceflServatisn and eoastal Fl1aHagemeat elemeat of the Cellier CeliRt)' gre\\'th maBagemeBt plan: 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 .l4( 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 Manae:ement Plans 3,1 1.2,1 ,Exemption. Single-family lots that are not part of a previously approved subdivision or SDP shall not be reauired to prepare an EIS or a management plan, 3.11.M2.2 EIS: The EIS reauired 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, The S\:lfvey shall be eonooeted in accsrdaflee Ylith the reEluiremeats of the Fleriaa Fish aad Wilalife CenservatieFl CommissieB (FFWCC) aHd U.S, Fish aaa Wildlife Serviee (USFWS) glliaeliaes, 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 reauired. 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 shall be submittea fer review and subject te aflpre';al by the planaing serYices departmeBt ef the eeRHR\Hl.ity develepmeBt aHd l:lBvironmeBtal ser.'iees divisiea, fer the FBaBagemeat of haaitat and y;ildlif-e, iBcHidiBg measW'es for protectien anGlor relocation of eadaagered aHd threatened Sfleeies aHd sl'leeies ef special concern, The eouaty shall eOBsider ana may Mtilize reeoIl'llBtlooatiens and letters of tsclmical assistaHee of the FFWCC, aHd recoH1Rlendations aHa gHidelines ef the USF\VS, ia iSSlliBg aeve\(ll'lHlent erders ea preperty coataining endaflgered aHa tm-eatened species ana speeies of speeial eeBeem, S1:ieh plaBs shall eOHlply with current federal, state aaa leeal srdinanees and polieies. Page 147 of 167 Words struek throllgh are deleted, words underlined are added 3,11.2.3 Management r.lans~ A. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicat~Jisted species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. B. References, The following references shall be used, as appropriate, to prepare the required management plans; 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 (Gopherusyo/yphemus) 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 (Aphe/ocoma coerulescens), Technical Report No, 8, Florida Game and Fresh Water Fish Commission, 1991. 3.11.3. Protective Measures. All develooments subiect to this Division shall adhere to the followine:: 3.11.3.1 General. A, In those areas where clustering. is permitted. all developments shall be clustered to discourage impacts to listed species habitats, B. Open space and vegetation preservation requirements shall be used to establish buffer areas between 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 corridors. D, Appropriate roadway crossings. underpasses. and signage shall be used where roads must cross wildlife corridors, E. When listed species are directly observed on site or indicated by evidence. such as denning. foraging or other indications. priority shall be given to preserving. the habitat of that listed species. as provided in Section 3,9.4,1.C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres, G. Letters of technical assistance from the FFWCC and recommendations from the USFWS shall be deemed to be consistent with the GMP. 1. The USFWS Seath Flarida Mlllti Species Recovery Plan (dated May 1999, aHd as amended) shall Be adepted as the minimaRl gllideliBe or stanaard te preserve Gr impreve the eHviroameatal eenditions re€ttlired fer the pretection aad reeo'lery of the West lBdian maaatee (Trieheehas m.aaatus), Flerida panther (Pl:lII1a ceneelGr eeryi.), ..\uaooen's erested caraeara (Polyhoms planeus aaooeonii), .Bald eagle (Haliaeetl:ls lelleocephalus), Florida scruG jay V4'lheleeoma eeemleseeas), PipiBg plover (CharadriHs melooos), Wood stork (Myeeteria amerieana), Reseate term (Sterna dOHgalli doagalli), Red eoekaded '.veodpeck-er (Pieeides berealis), ,A.meriean croeodile (Crocodylus aellws), Eastern iBdigs snak-e (DrymarcheH eorais cm~eri), Green sea mrtle (Chelenia mydas), Kemp's ridley sea tartle (Leflidoehelys kempii), Leather13aek sea mrtle (Dermochelys seriaeea), and Loggerhead sea turtle (Caretta earetta), Uatil the adoption ef federal gaidelines for aay ef the abeve listed Sflecies, the developer shall be respeasiBle fer the de'/elopmeBt €If a proteetien plan fer eonservaaon and maaagemeBt of these Sfleeies, 3,11.3.3 Uatil the adsption of State €If Flerida gllidelines fer the proteetisn of all state listed speeies, as listed in "Fleriaa's Endangered Speeies, Threatened Species, and Speeies of Speeial Ceneern" am:liered by Flerida Fish and 'Nildlife Censervation Commissien, the develefler shall be responsible for the develepmeat €If a preteetien plan fsr eonservatien ana management €If these speeies. Page 148 of 167 Werds strnek threllgh are deleted, words underlined are added 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 recommendations from the U.S. Fish and Wildlife Service in issuing develo?ment 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: 3,11.3A A-Gopher Tortoise (Gopherus polyphemus). E1J- All gopher tortoises, their habitats and the associated comensals are hereby I 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, E2J All gopher tortoise burrows are protected and it is prohibited to intentionally destroy I or take any such burrow by any means, unless otherwise provided for in this section. 3J- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife I Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section, ~J-When gopher tortoises are identified on site, a preteetiefl/maaagemeat plaa er off &ite I releeatiea plaR shall be soomittea to the plaRfliag serviees departJ:RcJat of the eOmffiooity de'/elepm.eat al'Hi elwironmeB:tal serviees aivisioa, fer revie'.v aad liflJ'lrO'/al. This shall liflply ts all flew develoflHi€lat aGd site im.pro'/em.ems. It shall alse liflflly to soostamial am.eaem.ems ts eKistiag de'/elepmeat aGe site im.pro'lem.ems, where gopher tertoi&e proteetien/maaageHi€lat plaas ha'/e Rat Been previel:1&ly liflproved by Callier Col:l:B:ty pllNlHiag serviees staff. the protection/management plan shall include, but not be limited to the following items: B~ a current gopher tortoise survey, which shall be field-verified by planning services staff; ~b. a proposal for either maintaining the population in place or relocating it; Jk, a site plan identifying the boundaries of the gopher tortoise preserve; 4jd. the method of relocation if necessary; ~ the proposed supplemental plantings ifneeded; (ijf a detail of the gopher tortoise preserve fencing; +1& an maintenance plan describing exotic removal and possible aeditioaal plaatiags in the futare vegetation management; and &flh identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area, Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3,9.M. of this Code, E5J- Suitable habitat shall be defined as having the following characteristics: I B~ the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises,;. ~b, appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted),;. Jk, generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground.; and 4jfl typically, includes the presence of an existing gopher tortoise population, 6. Off site relocation plans may shall be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: aJ Where suitable habitat does not exist on-site; or, I Page 149 of 167 Words strnek tbreagh are deleted, words underlined are added bJ Where a property owner meets the minimum on-site native vegetation I preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c~~ Where scientific data has been presented to the community development and I environmental servIces administrator, or his designee, and an 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 long term health 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 Conservation Commission, Where appropriate, a combination of on-site preservation and off-site relocation may be considered, (eH" 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, f1t 2.., When identifying the native vegetation preservation requirement of section 3.9.~1. 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 gopher 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. When a deeisien is maae to allew off site releeatien of gopher terteises, i!t shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County. regardless of whether gopher tortoises are relocated off-site. ~ 1Q" 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. ~lL Exemptions, Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in sllBseetisn 3.11.3. 4 (4) 4 through 10 above, when these lots are not a part of a previous development which has been required to comply with sliBseetien 3.11.3.4(4) 4 through 10, However, gopher tortoises shall be protected pursuant to pai'agraphs l, 2 and 3 ofthis seetion above, I I c. Bald Eagle, For the bald eagle (Haliaeetus leucocevhalus). the required habitat management plans shall establish protective zones around the eagle nest restricting. certain activities. The lans shall also address restrictin certain es of activities durin the nestin season. These re uirements shall be consistent with the UFWS South Florida Multi-S Recoverv Plan. May 1999. I D, Red-cockaded wood ecker. For the red-cockaded wood ecker Picoides 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 com ensate or miti ate for imoacts that remain, These requirements shall be consistent with the UFWS South Florida Multi-Species Recoverv Plan. May 1999, E, Florida black bear. In areas where the Florida black bear (Ursus american us tloridanus) may be present. the management plans shall require that garbage be placed in bear- roof containers at one or more central locations. The mana ement Ian shall also identif methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for imoacting habitat suitable for black bear shall be considered in the management plan. F. Panther. For proiects located in Priority I and Priority II Panther Habitat areas. the I 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. Page 150 of 167 Words strnek threllgh are deleted, words underlined are added ~~~.._- G. West Indian Manatee. The management and protection plans for the West Indian I Manatee are set forth in section 2,6,22, H. Lo erhead and other listed sea turtles. The mana ement and listed sea turtles shall be as set forth in Division 3.10. Sec. 3,11.4. 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 firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, 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 enforce the provisions of this Division. * * * * * * SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.12., COASTAL ZONE MANAGEMENT DIVISION 3.12., Coastal Zone Management, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.12. COASTAL ZONE MANAGEMENT * * * * * * 3.12,5,1.2. If the proposed development is determined to be a subdivision, as defined in@ivision 6,3, the categories of impacts, A through G, shall be conceptually illustrated on the r0cttlired 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 @ivision 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 dQivision 3,3. * * * * * * 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. * * * * * * Page 151 of 167 Words strnek threllgh are deleted, words underlined are added SUBSECTION 3.N. AMENDMENTS TO DIVISION 3.13., COAST AL CONSTRUCTION SETBACK LINE VARIANCE DIVISION 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE * * * * * * Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, flITIl. 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 re uired whenever there is demolition on site or new construction occurs on an beachfront arce1 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 ro e in uestion ef for safe reasons or as otherwise pennitted hereinafter, The following CCSL variances may be authorized by the Board of County Commissioners. :;:b~:~ 11: ~:=aiat6 ~OBtigueHs Elf ~ajaeeB:t area a ."B-~ber ef endstmg 8~emres" ha?~e :: is e_ r ly ceatlR1:iElllS aaal:HlUorm. eoastruct18B hBe eleser to the hB-e ef m.eaa hIgh ;~~:;~~ ~~e as herem establishea, aae. if saie im~stiE:g struemres ~a'"e. Rot beeR ooauly te '8 leR, a J'lr8J'10Sea strucmrt! may ee J'l6l"fl'H-tted a18Rg stleh l1ge lf SllCR J'lrep8sed strncmrt! is alse aflJ'lro'/ea by the b8ara ef ceWlty eemmissieaers, 3.13.5.1 Minor accessory structures such as chickees constructed without flooring or walls and stora~e boxes, It shall be prohibited to use any construction material that can become dislodged durin 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 ve etation or on an art of the beach. All areas seaward of the CCSL outside the foo rint of approved minor structures. shall be kept in their natural condition and/or landscaped. using native veg.etation. 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 detennines 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 pennitted 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. 3,13.5.4, Activities that are listed under Section 3.13.8 that exceed the standards set forth in the CCSL pennits. as long as 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 prOV1SlOns of Division 3.17. of the Land Development Code. in effect at the time of reconstruction. Said reconstruction may require a new CCSL variance. ************************************ Page 152 of 167 Words struek thr8l:lgfl are deleted, words underlined are added Sec. 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, exeladiBg 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 re lacement of an ervious surface with a non- ervious 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 l--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 of F.S. 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 require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development 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 pervious 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 BatI:lfal 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 FDEP 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 conjunction with any demolition permit or prior to any approved site plan on beachfront properties. * * * * * * Page 153 of 167 Words stru6k thre1:igh are deleted, words underlined are added .----- SUBSECTION 3.0. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES DIVISION 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES * * * * * * DIVISION 3.15. ADEQUATE PUBLIC FACILlTlES* * * * * * * Sec. 3.15.3. Defmitions. For the purposes of this division only, the following terms are defined as follows: * * * * * * 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: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections and number of signals. 2. Capital road improvements under construction. 3. 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. 4-, Construction of the required capital improvement at the time of application is included in er bef-ore the thiffi-first year of either the ~ Florida DOT five-year work program or the first ear of the Collier Coun Schedule of Ca italI rovements that follows ado tion of the A VIR. :':; :::r ~ "1'J::\:-: """"y' "",;';' fivo Yo" ,,'pitol. _"'-""oh,_ adepte a e aaagemeBt Plaa eJ(e~t as etherwlse pfey}(ied BY law. 5. The final local development order is for a proiect located within a TCEA or TCMA desi nated in the GMP which meet the a licable re uirements of policies 5.5 throu h 5.9 of the Transportation Element. 6. * * * * * * * * * * * * 3.15.3.31. Pro ortionate share a ment means a a entb a develo er to Collier Coun to be used to enhance roadway operations. mass transit operations or other non-automotive trans~ortation alternatives. Pro ortionate share a ents ma be used to mitigate the i acts of a development on a constrained or deficient roadway link bv more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% ofthe east-west lane miles are 0 eratin at or above the ado ted LOS standards consistent with Policies 5.8 and 5.9 ofthe Corn rehensive Plan Trans ortation Element. However no im act will be de minimis if it exceeds the ado ted level-of-service standard of an affected desi nated hurricane evacuation routes within a TCMA. Hurricane routes in Collier Coun are shown on Page 154 of 167 Words stmek threl:lgh are deleted, words underlined are added 3.15.3.31.1. The ro ortionate share of the cost ofim rovements of such deficient roadwa s is calculated according to the following formula: Proiect trips impacting deficient linklSV increase x cost = proportionate share 1. 2. SV increase = the chan e in eak hour maximum service volume of the roadwa resultin from construction of the im rovement necessa to maintain the ado ted level of service. 3.15.3 .J-l.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, ~ 3.1.; Ord. No. 03-01, ~ 3.J.) Sec. 3.15.6. Management and monitoring program. * * * * * * 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 ClE 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. Direetien by tIhe board of county commissioners shall provide direction to update and amend the ClE to include projects and revenues (within the first three years for roads) needed to maintain adopted LOS~ fef "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. 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next ClE update, the road facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database~ on a segmeBt BY segment Basis The update shall factorffig 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 the financially feasible Schedule of Capital Improvements of the CIE for sl:leh segments. The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. * * * * * * 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 _rovided for below in Trans ortation Concurrenc Exem tion Areas TCEA and Trans ortation Concurrency Management Areas (TCMA), Gfonstrained roadway segments are subject to growth Page 155 of 167 Words stmek threugh are deleted, words underlined are added restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume often 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 Trans ortation Concurrenc Exem tion Areas TCEA and Trans ortation Concurrenc Management Areas (TCMA), N no 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 of less than 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. 1 5.6.4.LJ-, 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. Trans ortation Concurrenc Exem tion Area Desi nated. pursuant to Polic 5.5 of the Future Land Use Element of the GMP the South U. S. 41 Trans ortation Concurrenc Exception Area (TCEA) is designated. Development located within the South U.S. 41 TCEA Ma TR-4 shall be exern t from trans ortation concurrenc re uirements so Ion as irn acts to the transportation system are mitigated using the procedures below. 3.15.6.4.3.2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadwa s within the Coun b less than 5% of the ca aci at the ado ted LOS standard and meets the re uirements identified below in subsection 3.15.6.4.3.3. are exern t from the transportation requirements of9J-5.0055(3)(c)l-7. F.A.C. 3.15.6.4.3.3. Develo ments within the South U.S. 41 TCEA that choose to obtain an exce tion from concurrency requirements for transportation will provide certification from the Trans ortation Division that at least four of the followin Trans ortation Demand Mana ement (TDM) strategies will be utilized: ected to increase the avera e Q} Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. ~ Cash subsid that is ex ected to increase the avera e vehicle occu generated by the development and/or increase transit ridership. Q} Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development ~ 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 Transit subsid that would reduce auto tri increase transit ridership. hl Bicycle and Pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development !l Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Page 156 of 167 Words struek threl:lgh are deleted, words underlined are added Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. 3.15.6.4.4. Transportation Concurrency Manaflement Areas Desiflnated. Pursuant 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-51 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 exception ofl-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 standards 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 ofthe 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 roadwa link and/or a deficient roadwa link b more than a de minimis amount more than 1 % of the maximum service volume at the adopted LOS). yet continue to maintain the established ercenta e oflanes miles indicated in subsection 3.15.6.4.5. above a ro ortionate share a ent 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 add trip capacity and enhance traffic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-automotive trans ortation alternatives that reduce vehicle tri s within the Transportation Concurrency Management Area. 3.15.6.4.6.3. 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 TR 7. Any imuact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 3.15.6.4.Jl. Significance test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume; 2. 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 3. For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. 4. 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 proiects inside and outside TCEAs and TCMAs. Page 157 of 167 Words struek thr81:lgh are deleted, words underlined are added --.- 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 ClE 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 (AS I) 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. 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 transportation services division administrator, the board of county commissioners, shall hold public hearings noticed pursuant to the requirements of t subsection 2.7.2.3.4. of this Code~ After final consideration of the proposal and public comment, the board may approve the designation of an ASI, (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been placed on the record to show 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. * * * * * * 3.15.6.5.5. 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 eCJ:l:lal to or greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an AS1. 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. * * * * * * Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the transportation concurrency management system. * * * * * * ~ .1 ;:: .3. ~.~. ~M!e imp'aet ve~ting an~lysis aff!Fmfilti81'l. T~e eewRy :::ill eeRGu.et a ttaffie i~aet "6fi 1 g a a ys ffirmahen reVlev: Effinng the sm menth flened follo'.\'mg [effeetr:e date ef tlHs ::visien's amenament] te determine '.':hieh develepmem:s were Yestea for traHSflortatien ~~::=; ~;:: ~i [the em:etive aate ~fthis GiY~sien's amenament], w~eh 'Ni.l~ iaeludeg these :;' _ at t t a'/e fJreYleusly reeelved a eertlfieate of adeEtHate fluBhe faellrty, ~:~ ~~~~~ . t~ ~~ ;;;;,~ develoflmeat agreemeat with yestiRg previsieas, or were statl:Horily v~s~~~~r to [the effeeti'/e date ofthis cli'/isien]. The reyievl'.':ill alse analyze!! the soheoole efwheB these de'/elefJmeats will Be built, and the magmmde ef traffic that '.\'illbe generated BY these develoflments. DarlRg this flroeess of , Ie sting affirmation, revisiens to apflrw:ed final site ~:~:~~fJ:: :::s aHd final subdivisioR fllat.s that pr~pose to. deerea~~ the i:mj3a~t. of the . p l:lgH. sl:leh methods as reoocmg denslty, malGeg additiOnal preViSions for HllJ.eG use develeflmeat te eaj3mre trips or previaing additienal tl'aRGflertatieB system intereoBBeetiens may be eensidered withem risking yestiRg stams. ~:::~::;:y :~~~ :~veleflment, i:e., cleYelefl~at. \\:i~ a valia eertifieate of adeCJ:l:late flli~lic. su 0 0 the [effeetlYe Gate efthls GlVlS10n's amendmeat], may eleet te ma:at~~~ ~:~ : ~: ::eflt eertifieatie.n lHltil eJlfliration, er .eflt t~ aHa'.\' its eserewed tran5?e~t~~~~~t s ; lHlaer the re'/lsed eeneurreney certlfieatiOn fJrocess OR the [effeetr'/e date ef thlS ~~~:~i:iu =~at], as ~ro':~ded. in sliBsee~ion 3.15.7.3.1.5 aad as immedi.ately follo',,,,s. t~ 1 e ene)' eertlfieatlea lB flerpetulty. .A.ny develoflmeat that epts lata the flreYISlenS ef :~;::: 3..15. 7 .3 .l.~, :,yill rna~etain its. vestieg ~tams an~ mad faeili~' e~aeit)' reser:~tioBS s Wlth the emstmg eertltleate wlthel:lt bemg reqlilred te sueRllt reYISea or additiOnal :a;~~=~; aad lifle~ SW'fend6r of the e1(istiRg eert.ifieate wm Be issu.ed ~ew eertifieates for o lR flerpemlty eDce 100 fJereeat efthe estimated traRSflertat16n HHflaet fees Based on the theR existing r-ate seheoole are flaid. 3.15.7.3.1.2.1. Annual mid-year TrafficlPUD Monitoring Report. On [the effective date of this division's amendment], all d6'/elepmeat tBat has Been issuecl aR SDP er FSP, em PUDs which is are less than 90 percent built-out, must annually by mid year (OR or aeom J1ID.e 30th) 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 anniversarv date of the PUD Page 158 of 167 Words struek through are deleted, words underlined are added - approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established by 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. TrafficIPUD Monitoring Reports which are more than nine tv (90) days pass due will result in the suspension of final local development order issuance with the PUD pending receipt of the Report. * * * * * * 3.15.7.3.1.5. 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 certifieate of publie faeility adequaey final local development order has been approved and a certificate issued, an applicant may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently 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 housing. 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. Fer GertifiGates issued after [the effeetive date eftrn5 aivisien's afHeBdmeBt], H-~ot later 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 entitlements. * * * * * * 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 Page 159 of 167 Words stnlek thre1:lgh are deleted, words underlined are added --- 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 to be 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. subiect to the approval of the final development order. * * * * * * 3.15.7.3.5.7. Sigl'llf-lC8l'leC Test. Imflaet for traffie i-mtlaet analysis flUTfloses fer a prepesed develeflHieBt flroject v;il1 Be oensiderea signifieant: 1. OR these read'.',a-y segHlElBts aireetly aeeessea BY the flrojeot where flrejeet traffie is 0Eltlal to ef greater than 3% of the adoflted LOS standard service VehlH'le; 2. f-er these realtNay segmeBts iJna:leaiately adjaceBt to segments whieh are direetly acoessea by the flrojeet where project t;raffio is greater thaa or e€t\lal te 3% of the adepted LOS staadan:l servioe vehune; or 3. fer all ether adjaceBt segmeRts '!.tlere the flrejeet traffie is greatef thaa 5% efthe adoflted LOS standard serviee voll:lme. ORee t;raffic from a develepHient has Been sl1o\vn te Be less thaR sigaifieaBt eR aB.)' segment usmg the abeye standaras, the develeflmeBt's impaet is ROt requlrea te Be aaal)'>!:ed further en aB.)' additienal segHieBts. (Ora. No. 91 27, ~ 3; On!. No. 9669, ~ 3.J.; Ora. Ne. 999, ~ 3.1.; Ord. No. 02 1, ~ 3..^..; Ora. No. 03 01, ~ 3.J.) Sec. 3.15.8. Reserved. (Ord. No. 94-27, ~ 3; Ord. No. 99-6, ~ 3.1.; Ord. No. 03-01, S 3.J.) * * * * * * SUBSECTION 3.P. AMENDMENTS TO DIVISION 6.2., ABBREVIATIONS DIVISION 6.2., Abbreviations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.2. ABBREVIATIONS DIVISION 6.2 ABBREVIATIONS AASHTO No change ~ Big Cypress Area of Critical State Concern ADT through EAB No change EIS Environmental Impact Statement FDOT through LDR No change NBMO North Belle Meade Overlay NOAA No change Page 160 of 167 Words struek tlKoagll are deleted, words underlined are added ---.-- ~ Natural Resource Protection Area PSP No change BEM!I Rural Fringe Mixed-Use B!M Rural Lands Stewardship Area SDP through SEC No change !ill! Transfer of development rights * * * * * * SUBSECTION 3.Q. AMENDMENTS TO DIVISION 6.3., DEFINITIONS DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS * * * * * * Adverse Imvacts: 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 on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies: air quality. and historic or archeological resources identified by Collier County or the State of Florida. AfJOr-daBlc haNsing: A resiaeatial a..,yelliag 1Hlit with a meathly reBt er meathly mertgage pa)'i'H6Bt, ineladiBg flreflerty ames and insuranee, net in exeess ef 1/12 ef 30 pereeBt of aa amolHit whieh represeBts 50 perceBt (fer very Ie'.\' ineeme), 80 flerceBt (for 10'1: iBeeme), or 100 perceBt (for me aerate inceme) efthe median adj1:1stea gross annual ineome fer the household as flublished aIlBl:lally by the U.S. DeflartmeBt of Heusing aad Urban De';elepmeBt within the NElflles Metreflolitan Statistical ,\rea (MSA). (See seetioB 2.7.7.) Bonus Credit: A unit representing the 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 required density. rsec.2.2.21;2.2.B.3.bl Bui/dinfl. Actual heiflht of The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 2.6.3. Bui/ding. 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 necessary, FDEP requirements for minimum habitable first-floor structural support. Infrastl1:10ture m sUfJpert of the Bl:lildiBg, sHeh as meehanieal rooHlS fer fire sUfJpressien aad/er air eeRditiening eEtaipmeBt aad elevator &hafts Me Bot ineluded in the determination efbuildiag height. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. Page 161 of167 Words strnek tlarough are deleted, words underlined are added -~._"._- Cabana: An accessory structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Civic and institutional buildinfls: 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. Cluster Development: A design technique allowed within residential zoning districts by eonaitioaal use 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 tvPicallot size and yard requirements of the applicable zoning district, v/ith t.fle EliffereRee Between the reffiieea lot size and the standard lot req1:liremeBt being fllaeed in order to: increase common open space; reduce the overall development area; reduce alterations and imuacts 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 central sewer and water. (See seetioR 2.6.27 .) CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. r sec.2.2.171 Density Blendinfl: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. 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) Environmental Impact Statement (EIS): A document reqtlirea as fler dp;isioR 3.& or documents that provide an objective evaluation of the impacts of a l'roposed development or other alteration of the existing natural conditions on the natural resources, environmental quality, and listed species. EssentialsS.ervices: Serviees desigBea and operated to pro'/ide '.vater, sewer, gas, tel~heRe, eleetrieity, eable tele,..isien or eommUil.ieations to the general pl:lBlie BY previders '.vhiel1 ha?le been appreveQ ana lmtherized aceerding to laws ha-yiag appropriate jl:llisdietien. (See section 2.a.9.) Those services and facilities. 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: police: fire, emergency medical. public park and public library facilities; and all services designed and operated to provide water, sewer. gas, telephone, electricity. cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. 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) Flowwav: 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. GIY:uk: An established elevatieR. Grade: A reference plane representing: the average of finished ground level adjoining 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. Greenbelt: A required buffer and open space area surrounding: a Rural Village. r sec. 2.2.2Y2.2.B.6.1 Guest House or Cottafle: An accessory dwelling HHitstructure which might or might net iaeluGe cooking faeilities ~ attached to or detached from. ~ principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing: living quarters for the occupants of the principal dwelling, their temporary guests or their domestic emuloyees and which may contain kitchen facilities. which is incorporated, attached to, or detached from a priReipal dwelling; and 'Nhieh is used e)wll:lsively f-er the BeaeoB:lfliiercial Page 162 of 167 Words struek throl:lgh are deleted, words underlined are added ._.",---- (nenreBtal) aceofllffledatien offrieads er relatives efthe eee~aBt or eWRer of the prine~al dwelling. Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) Guest Quarters/Guest Suites: An attached or detached room or suite, which could be used as.!! temporary sleeping accommodation, which ~ integrated as part of the principal use of the property and may contain running water as long as i! ~ not configured or of ~ size that may accommodate a kitchen. Housinf!. Affordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of30 percent of an amount which represents 50 percent or less (for very low income), 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for moderate income) of the median adjusted gross annual income for the household as published annually by the U.S. Department of HousinJ;! and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term affordable housing includes workforce housing which is limited to owner occupied housing with a monthly mortgage payment, including property taxes and insurance. not in excess of 1/12 of30 percent of an amount which represents 50 percent to 100 percent 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.) Housinfl. Workforce: 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.) Primary kitehcn: /\ feed flreflaratiea area ,,,hieh centaiBs a kitehen sink aad a raage er 0'/en, freestandiBg or Built in. Kitchen. Primary: A room in.!! principal dwelling which ~ used, designed and intended for the preparation and cooking of 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. Native Vegetation: Native vegetation means Nnative ~Southern Floridian species as determined by accepted valid scientific references. fSee identified in section 2.4.4.j-- 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 designated Conservation on the Collier County Future Land Use Map, 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 Waterbodv: 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. Neiflhborhood Center: A centrally located area within a neighborhood ofa Rural Village that may include small-scale service retail and office uses and shall include a public park. square, or green. 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. rsec.2.2.2Y2.31 North Belle Meade Overlav (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. r sec. 2.2.311 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 and related processing includes oil and gas exploration and oil and gas field development and production as defined above. Page 163 of 167 Words stnlek th1o\igh are deleted, words underlined are added -- Open Space: Unoee~iea spaee weieh is Het used fur bl:lildiags or stmetures aad y:hieh is oflen to the sky. On imflreyed lots, open spaee is the area between and arelH'ld stmetur-es, iaellidiag reereatioa areas. Areas that are not occupied by buildings. impervious parking areas. streets. driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enjoyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation: areas replanted with vegetation after construction; lawns. landscaped areas and greenways; outdoor recreational facilities; and, plazas. atriurns. courtyards and other similar public spaces. Open Space, Common: COHlHlOn Oflen Spaee means tIhose areas within or related to a development, not in individually owned lots or dedieated for publie lise, but '.vhieh is designed and intended to be accessible to, and for the common use or enjoyment of, the residents 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 aB6 QIJandscaped 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 right~-of-way, exeept '",here dedieated or donated f-or pffi:llie lise, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Pathwav: A defined corridor for the primary use of non-motorized travel. 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 is generally a transition between the Urban and Estates Designated lands and the Urban and AgriculturaVRural and Conservation designated lands farther to the east. r sec. 2.2.2 Y:iJ RFMU Receivinfl 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. rsec.2.2.2Y:i.21 RFMU Sendinfl 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 Sending Lands. r sec.2.2.2 Y:i.41 Rural Villafle: 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 maioritv of residential development within comfortable walking distance to the Neighborhood Centers. r sec. 2.2.2Y:i.2.Bl 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. rsec. 2.6.39J Transfer of Development Riflhts: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensity of development on the receiving property with a corresponding decrease in the remaining development rights on the sending property. Vefletation. Cateflorv I Invasive Exotic: Invasive exotic 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. Vefletation. Cateflorv If Invasive Exotic: Invasive exotic vegetation that has increased in abundance or frequency but have not yet altered native 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. Vefletation. Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Vegetation. Naturalized: Exotic vegetation that sustains itself outside cultivation. but is not prohibited exotic vegetation. Page 164 of 167 Words struek through are deleted, words underlined are added -.-.- Vefletation. Prohibited Exotic: Category lor Category II Invasive Exotic Vegetation limited to the following: specifically include the following: The eatire plaBt, or aay part thereof, induding seeds, of the fellewiRg: 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 fern (Lygodium spp.). Air potato (Dioscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Villafle Center: A distinct area within a Rural Village that serves as the primary location for commercial uses. including retail and office, and of civic. and government uses. Wetlands: .^. aatlHal rtlS0l:H'ee defrned per Collier CouBty gro'l/th managemeBt plaa, eORservation and eoastal management elemeBt poliey a.2.9. 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 jurisdictional 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. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-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 corner 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) shall not may be reduced to by more than 50 percent of the full front yard setback requirement for that district, exclusive of any road right- of-way or road right-of-way easement. F or setbacks for E (estates) zoning, see Section 2.2.3.4.3. .^.dditienally, in the E (estates) ZaRing distriet only, the setbaek reqtliremeRt fer the remainmg front yard(s): (i) shall not be reooeed to less than 15 feet, and (ii) shall not include any road right of'llay or road right of way easemeBt '.vithiIl the redl:leed front yard. * * * * * * SUBSECTION 3.R. AMENDMENTS TO APPENDIX D, AIRPORT NOISE ZONING MAP APPENDIX D, Airport Noise Zoning Map, of Ordinance 91-102, as amended, ofthe Collier County Land Development Code, is hereby amended to read as follows: Page 165 of 167 Words strnek tlweugh are deleted, words underlined are added .. -- ,"_w._~" -_.~- APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. ?\lAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTIOK 2.2.23) ~ ( , , PREPARED BY: GRAPHICS AND TECI-~ICAL SUPPORT S::CT,ON SCAl::: 6 I COMMUNITY OEVELOPM::NT AND ENVIRONMENTAL SERVICES DIVISIO~ 1500 JOOO 6000 Feel OrE: 7/03 FILE: AIRPORT-NZ-2-2003.DWG Page 166 of 167 Words struek threMgh are deleted, words underlined are added .-- SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~>>J Patrick G. White Assistant County Attorney Page 167 of 167 Words struek throagh are deleted, words underlined are added ---- - ORDINANCE NO. 04. () 1 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, RECIT ALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, ADDING THE V ANDERBIL T BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19 .l., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-l02, for the calendar year 2003; and WHEREAS, on March l8, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10, 2003 and January 7, 2004, and did take action concerning this amendment to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. Page 1 of 11 Words struck threugl1 are deleted, words underlined are added NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECIT ALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the" Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. l63.3194(1 )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et sea. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3l94(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the Page 2 of 11 Words struek thre1:lgh are deleted, words underlined are added objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. II. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-l02, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * Sec. 2.2.38. Vanderbilt Beach Residential Tourist Overlav Zonine District (VBRTO) 2.2.38.1. Purvose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale. compatibility and sense of place that exists in the Vanderbilt Beach area. This district is intended to: establish development standards which will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lag.oon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive. 2.2.38.2. Avvlicabilitv. 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. Page 3 of 11 Words struck through are deleted, words underlined are added -- 2.2.38.3. Geoflravhic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. .- - . .- . ." '" ~ . ., .. " .. ~ . w "," .' p . . , ,.. .......... ., .'" - . .. .... . .. P. - . .. ..... .. ..... ..,- w..... . . .. ..... . ...... .. . . ...... . ..... f ~.- " . .. .. . ... .- .- .." ... . . ... .1 ., .- . N w+~ . 'iIC,II,,(: . ,., ..., , , I I......... Map 2.2.38-1 2.2.38.4. Fiflures. 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 proiects. Variations from these figures. which nonetheless adhere to the provisions of this section, are ermitted. The Communi Character Plan For Collier Coun Florida A ril 2001 should be referenced as a guide for future development and redevelopment in the overlay district. 2.2.38.5. Develovment criteria. The following standards shall apply to all uses in this overlay district. 2.2.38.5.1. Permitted uses. 1. Hotels and motels. 2. Multiple-family dwellings. 3. Family care facilities. subiect to section 2.6.26. 4. Timeshare facilities. 2.2.38.5.2. Uses accessory to permitted uses. 1. Uses and structures that are accessorv and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2. 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. 3. Private docks and boathouses. subiect to sections 2.6.21. and 2.6.22. 4. 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 playfields. Page 4 of 11 Words strnek tlH'ough are deleted, words underlined are added 2.2.38.5.3. 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. 2. Marinas. subiect to section 2.6.22. 3. Noncommercial boat launching facilities. subiect to the applicable review criteria set forth in section 2.6.21. 4. 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. 5. Private clubs. 6. Yacht clubs. 2.2.38.6. Dimensional standards. The following dimensional standards shall apply to all permitted, accessorv. and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). 2.2.38.6.1. Minimum lot area. One contiguous acre. not bisected by a public right-of-way. 2.2.38.6.2. Minimum lot width. 150 feet. 2.2.38.6.3. Minimum vard reQuirements. 1. Front yard: one-half the building height with a minimum of 30 feet. 2. 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. 2.2.38.6.4. Maximum heiflht: 75 feet. The height of the building will be measured according to the standards in LDC Division 6.3 Definitions: Building. actual heiflht of and Building. Zoned heiflht of 2.2.38.6.5. 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. 2.2.38.6.6. 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. 2.2.38.6.7. Floor area reQuirements. 2.2.38.6.7.1. 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 maXlmum. 2.2.38.6.7.2. Timeshare/multifamily minimum area: efficiency (450 square feet). one bedroom (600 square feet), and two or more bedrooms (750 square feet). 2.2.38.6.8. Maximum lot area coverafle. (Reserved.) 2.2.38.7. Preservation 0 view corridors li ht and air movements between the Gul 0 Mexico and the Vanderbilt Lafloon. 2.2.38.7.1. 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 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 provisions of this section, are permitted. Page 5 of 11 Words str1:lek through are deleted, words underlined are added -~......_---,- 2.2.38.8. Off-street varkinfl and off-street loadinfl. As required in Division 2.3 of this code. 2.2.38.9. Landscavine reauirements. As required in Division 2.4 of this code. 2.2.38.10. Siflns. As required in Division 2.5 ofthis code. 2.2.38.11. Coastal Construction Setback Lines (CCSL). As required in Division 3.13 of this code. 2.2.38.12. Post-Disaster Recove And Reconstruction Mana ement. As re uired in Division 3.17 of this code. lat Page 6 of 11 Words struek through are deleted, words underlined are added ----..- I \ \ \ \ LOT A~EA COVERAGE & \ \ OPEI\j SPACE RELA,',O~~S[-jIPS \ LOC Section 2.2.38.7.1 \ \ \ \ \ - ~ \ \ \ . \ \ I \ \ ~_J \ \ \ \ -------- \ \ \ \ \ DESIRABLE \ \ \ I I \ \ \ \ \ \ \ . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I \ \ J~DESIRAg'LE \ I FIGURE - 1 \ Page 7 of 11 Words stnlek thnmgh are deleted, words underlined are added \ I \ \ \ \ LOT Ah(EA COVERA(~E & C?EN SPACE RELATIO~SHIPS \ \ \ LDC Section 2.2.38.7.1 \ \ ! \ I \ I_ I \ I I I \ I \ I" \ \ I \ \ I \ \ I I I I \ I \ \ :JESIRASLE \ \ \ l \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I ~ \ \ UNDESlRABLr-:: I FIGURE - 2 I Page 8 of 11 Words struek threHgh are deleted, words underlined are added LOC Section 2.2.38.7.1 EW PLANE ttf, V.P. I \ I J OESIRABLE V.p. = VIEVv PLANE 0;:\ ANGLE OF VIS',ON FIGURE - 3 Page 9 of 11 Words struek threugh are deleted, words underlined are added - I I \ I \ I \ VEW ~'LANE \ \ LDC Section 2.2.38.7.1 I \ \ \ I \ I \ I \ \ \ I I \ I \ I I I \ V.P. V.p. I V.P. I \ \ \ \ \ \ \ \ \ JNCESIC\A8LE \ V.P. = VIEW PLANE OR ANCLE OF VSIO~ \ \ \ \ \ FIGURE - 4 Page 10 of 11 Words s.truck threugh are deleted, words underlined are added - SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity ofthe remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1 day of .Ja nLlQ.t-'<t, 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By' ~4~ J~ TOM HENNING, CHAIRMAN Page 11 of 11 Words struek thnmgh are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-01 / Which was adopted by the Board of County Commissioners on the 7th day of January, 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day Of January, 2004. " .....' ...,.It, f ""11 .,' rOBS ", ..,' .. (\ ~ \,:;, . .. -'. DWIGHT E. ~~l<"""...:rlf",, ..... Clerk ~f ~~~~~d ~~&~k Ex-offJ.ciQ ~(>...; - a:t({~of"~ ~'_ -. County Comra1B~~nj;~s~'~ : ~~ ~ ; ='. -"'':.J ,Iltll" j;\-a :';) : ,. ,. r,,,,,,I., . <r., ~ d::~=e~,';J;i...- . ~~~.. "'/, iii ~~'. ~ ,.' I, I ,\ By: Linda A. '1!Qltu&se'f Deputy ,Clerk ., '-:- ....-~..-._-_._,- .____-~--,..-'-"m--.~""-"""..."".-..".,O,.<<-~..-^'.-'"- -."'"- -.