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Agenda 01/29/2004 LDC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Board of County Commissioners/Land Development Code AGENDA January 29, 2004 2:00 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 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 ADDRESSE'~). 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 BO,~RD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERE3 AND THEREFORE M.~.¥ NEED TO ENSURE THAT A VERBATIM REC-')-~.D OF THE PROCEEDINCS IS MADE, WHICH RECORD INCLUDES TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO HVE (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 1 January 29, 2004 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. PLEDGE OF ALLEGLANCE Non-Eastern Lands/Rural Fringe and Eastern Lands/Rural Fringe: THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSWE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. ADJOUR2g 2 January 29, 2004 Memorandum To.' From: Date: Subject: Participants, LDC Amendment Cycle 3 - 2003 Russell Webb, Principal Planner, Planning Services Department January 21, 2004 LDC Amendments for 2003- Cycle 3 o CURRENT DRAFT OF LDC AMENDMENTS THAT WAS DISTRIBUTED TO BCC IS ATTACHED. ALL STAFF WITH AMENDMENTS IN THIS CYCLE PLAN ON ATTENDING THURSDAY'S MEETINGS 1/29, BCC MEETING ROOM, ADMIN. BUILDING, COUNTY GOVERNMENT CENTER. THE NON-EASTERN LANDS AMENDMENTS WILL START AT 2:00 P.M. AND THE EASTERN LANDS WILL BEGIN THEREAFTER. UPDATED SUMMARY SHEET IS ATTACHED TO SCHEDULE. IF YOU HAVE ANY QUESTIONS, CALL RUSSELL WEBB (2322). PLEASE REVIEW YOUR AMENDMENTS TO MAKE SURE THEY ARE CORRECT. THIS IS THE FINAL HEARING AS TO THE NON-EASTERN LANDS AMENDMENTS. PLEASE NOTIFY ME IF THERE IS AN ERROR. ~0~ ~ T~SE ARE ~ NON-EASTER2q ARNOLD, M BELLOWS BURGESON COHEN, RANDY (R) FEDER JOHNSON, C KANT, E LITSINGER, S. (C) LORENZ, BILL MURRAY PATTERSON, AMY PERICO, ED SCHMITT, J. SCOTT, DON SIEMION SOTER WEBB, RUSSELL WEEKS, D. (C) -Finalized Copy of Ordinance ONLY COLLI, MARIAN - Co. Attny Office GRAPHICS - M. Ocheltree SPENCER, BILL FILE PERMITTING FRONT PLANNER RECORDS DEPT County Attorneys: STUDENT, M. / ~1TE~ P; EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, 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 MULTIPLE-FAMILY-6 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-12 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL MULTIPLE-FAMILY-16 DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE 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; 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; DIVISION 2.6 SUPPLEMENTAL DISTRICT REGULATIONS, INCLUDING REVISIONS TO EXCLUSIONS FROM 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 JAN 2 9 200 ,,,. 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, INCLUDING REVISIONS TO SITE DEVELOPMENT PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANTING AREA AND EXCAVATION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUDING REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVELOPMENT STANDARDS AND REGULATIONS; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; 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. OBJECTIVE: To amend the provisions of the Collier County Land Development Code to serve the best interest of the public. CONSIDERATIONS: A portion of the meeting's agenda will be devoted to the first of two required public hearings for the Eastern Lands/Rural Fringe Amendments, more specifically described as follows: Sec. 2.2.2 ½., Rural Fringe Mixed Use District; Sec. 2.2.17., Conservation District; Sec. 2.2.27.11., RLSA Baseline Standards; Sec. 2.2.30., Natural Resource Protection Area Overlay District; Sec. 2.2.31., North Belle Meade Overlay District; Sec. 2.6.9., Essential Services; Sec. 2.6.35., Communication Towers; Sec. 2.6.39., Transfer of Development Rights; Sec. 2.6.40., Density Blending Provisions; Sec. 3.5.11., Littoral Shelf Planting; Division 3.8., Environmental Impact Statements; Division 3.9., Vegetation Removal, Protection and Preservation; Division 3.11., Endangered Species; Division 6.2., Abbreviations; and a portion of the Amendments in Division 6.3., Definitions. These are otherwise known as Tabs A through N and have been continued since the December 10, 2003 meeting, through the January 7, 2004 meeting until the January 29th meeting for their first hearing. This meeting will also include the second of two public hearings for the other Amendments not pertaining to the Eastern Lands/Rural Fringe Amendments enumerated immediately above. 2 JAN 2 9 2004 All of the amendments being considered, whether for a first or second public hearing were previously presented to, and reviewed by, the Development Services Advisory Committee, the Collier County Planning Commission, and the Environmental Advisory Council, where applicable. Recommendations of each of these bodies are included as part of the Summary Sheets in the summary description of the LDC amendments and includes any advisory body advocated revisions to the staff recommended changes. The Planning Commission held public hearings on October 22, 2003, November 12, 2003, November 13, 2003, November 20, 2003, November 24, 2003 and December 4, 2003. Two separate sets of Summary Sheets have been provided (the one attached has 18 pages and pertains to the non- Eastern Lands/Rural Fringe amendments, and the other set was previously provided as part of your first packet for the December 10, 2003 meeting and pertain solely to Eastern Lands/Rural Fringe amendments). Both sets include summaries of the review of these amendments by the above named reviewing entities. FISCAL IMPACT: As noted on each individual amendment in the handout. GROWTH MANAGEMENT IMPACT: All proposed amendments to the Land Development Code are consistent with Policies, Objectives and Elements of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: As to the Eastern Lands/Rural Fringe Amendments, that the Board of County Commissioners review the proposed amendments to the Land Development Code and provide direction to staff to with respect to any desired changes. As to the remainder of the Amendments, that the Board of County Commissioners review the proposed amendments to the Land Development Code and approve same as submitted for subsequent adoption at the February 11, 2004 meeting, or otherwise continue these provisions until the February 11, 2004 meeting for a second hearing and adoption. PREPARED BY: RUSSELL WEBB, PRINC2AL PLANNER, CURRENT PLANNING SECTION DATE 3 AC-d~]~I)A I'IT=M No. JAN 2 9 '200 REVIEWED BY: SUB/AN MURRAY, A~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEP//-I~f,~. SCHMIT~, fi. DMINIS"PRATOR DATE ! COM~ITY DEVELOPMENT & ENVIRONMENTAL SVCS. AC-ENDA frEM No. JAN 2 9"2004 AGENDA ITEM lo. DCDA ITF. I~ 2 9' 200~ AGENDA ITEI~ AN 2 9'200~ ~N 2 9 1200~ © © > 0 ~)A rr~ ! 2 9 '200q SF. NC~A rr'E.M ~ 0 0 0 0 0 O~d~IDA ITEM N 2 9"200~, 0 ~C-,EI~A rTEl~ ~N 2 9 200~ AG~N~& I~ No. JAN 2 9 :F.:' AGENDA 0.' ~,N 2 ~t '~', ~N 2 9"200~ o AN 2 9"200~ o AOENOA ITEM 0 © © ! ORIGIN: Community Development and Environmental Services Division AUTHOR: (As directed by the CCPC on 10/2/03) DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 2:192.2.4- 2:192.2.6 LDC SECTION: 2.6.21. Dock facilities LDC SUPPLEMENT #: Supplement #13 CHANGE: Addition of a seventh criterion, which addresses the impact of a boathouse on the view of neighboring property owners, to the existing six criteria used to evaluate boathouse petitions REASON: Staff was directed by the Collier County Planning Commission to prepare this amendment FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None STAFF COMMENTS: Planning staff does not support this recommendation. It is the position of staff that the impact of a boathouse on the view of neighboring property owners is adequately addressed by the current criteria. The proposed amendment would interject an element of subjectivity that staff believes would subvert an otherwise objective process. Furthermore, the proposed amendment could lay the groundwork for the appeal of a denial, based on the criticism that the Code does not provide for a decision based on competent and substantial evidence: It is staff's concern that the proposed seventh criterion requires the exercise of discretion by staff to review and recommend, and that this would leave the County vulnerable to a claim that such discretion had been exercised in an unbridled, arbitrary or capricious manner. Amend the LDC as follows: 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, shall be reviewed by the planning commission JAN 2 9" 200z +~ ~11 .... ;~ ~A~+;~I ~+~ o~11 ~1., +~ ~n+~ ....... ~ ~11 ~C+~ ~+~ ~..~+ ~ ~+ ~ ............ r ....... ~ .......... rr ..........~ ..... accor ngto e own c e a, of which must be met in order for the Plying Co~ission to approve the request: 2.6.21.4.1. Minimum side setback requirement: 15 feet. 2.6.21.4.2. Maximum protrusion into waterway: 25 percent of canal width or 20 feet, whichever is less; the roof alone may overhang no more than three feet into the waterway beyond the maximum protrusion and/or side setbacks. 2.6.21.4.3. Maximum height: 15 feet as measured from top of seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 2.6.21.4.4. Maximum number of boathouses or covered structures per site: 1. 2.6.21.4.5. All boathouses and covered structures shall be completely open on all four sides. 2.6.21.4.6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style; a single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 2.6.21.4.7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adiacent neighbors to the greatest extent practical. A~r..NOA ITEM No. JAN 2 9'200q ,,. .... January 1 O, 2004 ORIGIN: Community Development & Environmental Services Division AUTHOR: Stan Litsinger, AICP, Comprehensive Planning Don Scott, AICP, Transportation Planning Phil Tindall, Transportation Planning Carlton Fields, P.A., Consultants to the County DEPARTMENT: Comprehensive Planning Transportation Planning LDC PAGE(S): LDC 3:163 to LDC 3:188 LDC SECTION: Division 3.15 LDC SUPPLEMENT #: Supplement 15 CHANGE: This amendment will implement changes to the Concurrency Management System adopted into the Collier Growth Management Plan by the BCC on December 16, 2003. REASON: These amendments constitute the second phase of the BCC directed implementation of a real time "checkbook" Transportation Concurrency Management system which does not rely on capacity improvements to the network beyond the next adopted Annual County Budget and the first or second year of the Schedule of Capital Improvements following each AUIR. Implementation of Transportation Concurrency Management Areas (TCMA), a Transportation Concurrency Exception Area (TCEA), and a proportionate share provision when deficient road segments within TCMAs are impacted, are also integral to this concurrency regulatory amendment. FISCAL & OPERATIONAL IMPACTS: This amendment will have no operational impact on the County beyond budget and staffing currently provided for in the FY 04 Tentative County Budget scheduled for adoption by the BCC on September 18, 2003. Annual County Budgets beginning in FY 05 will be required to contain funding for road network operational improvements and capital projects to support final local development orders impacting allocations from the real time declining balance ledger until the next AUIR. Additional funding for capacity and operational improvements may be received by the County through the proportionate share provision within TCMAs. RELATED CODES OR REGULATIONS: LDC Division 1.7., Article 3 and Article 4. GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment is the land developments regulation that implements the Concurrency Management System of the Growth Management Plan. OTHER NOTES: None. AC-iENDA ITEM" ' 1,1o. 2 9" 20Off January 10, 2004 Amend the LDC as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s) -- Concurrency, F.S. § 163.3180. Sec. 3.15.1. Short title, authority and applicability. 3.15.1.1. Short title. This division shall be known and may be cited as the "Collier County Adequate Public Facilities Regulations." 3.15.1.2. Authority. The Board of County Commissioners of Collier County has the authority to adopt this division pursuant to Article VIII, Section l(f), Fla. Const., F.S. § 125.01 et. seq., F.S. § 163.3161 et. seq., F.S. § 163.3161(8), F.S. §§ 163.3177(10)(h) and F.S. § 163.3202(2)(g), and Rule 9J-5, F.A.C. 3.15.1.3. Applicability. This division shall apply to all development in the total unincorporated area of Collier County, and to all public facilities owned by Collier County in the incorporated or unincorporated areas of Collier County, and to all privately-owned public facilities where the level of service has been established by the county. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.2. Intent and purpose. 3.15.2.1. Intent. This division is intended to implement and be consistent with the Collier County Growth Management Plan, F.S. § 163.3161 et. seq., and Rule 9J-5, F.A.C., by ensuring that all development in Collier County be served by adequate public facilities. 3.15.2.2. Purpose. This objective is accomplished by (1) establishing a management and monitoring system to evaluate and coordinate the timing and provision of the necessary public facilities to service development, and (2) by establishing a regulatory program that ensures that each public facility is available to serve development concurrent with when the impacts of development occur on the public facilities. 3.15.2.3. Minimum requirements. The provisions of this division in their interpretation and application are declared to be the minimum requirements necessary to accomplish the stated intent, purposes, and objectives of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.) 2 9 200 January 1 O, 2004 Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are defined as follows: 3.15.3.1. Annual update and inventory report or A UIR means the county report on public facilities described in section 3.15.6.2. 3.15.3.2. Application for development approval means an application submitted to Collier County requesting the approval of a development order. 3.15.3.3. Capital drainage facilities means the planning of, engineering for, acquisition of land for, or the construction of drainage and water management facilities necessary for proposed development to meet the level of service (LOS) for drainage facilities. 3.15.3.4. Capitalparkfacilities means the planning of, engineering for, acquisition of land for, or construction of buildings and park equipment necessary to meet the LOS for park facilities. 3.15.3.5. Capital road facilities or capital road improvement means and will include transportation planning for, engineering for, fight-of-way acquisition for, and construction of any project eligible for inclusion as a road project in the road component of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan or the Five-Year Florida Department of Transportation Work Program. 3.15.3.6. Capitalpotable water facilities mean the planning of, engineering for, acquisition of land for, or construction of potable water facilities necessary to meet the LOS for potable water facilities. 3.15.3.7. Capital sanitary sewer facilities mean the planning of, engineering for, acquisition of land for, or construction of sanitary sewer facilities necessary to meet the LOS for sanitary sewer facilities. 3.15.3.8. Capital solid waste facilities mean the planning of, engineering for, acquisition of land for, or construction of solid waste facilities necessary to meet the LOS for solid waste facilities. 3.15.3.9. Comprehensive plan means a plan that meets the requirements of F.S. § § 163.3177 and 163.3178, and shall mean the Collier County Growth Management Plan, where referenced in this division. See, subsection 3.15.3.19. 3.15.3.10. Constrained facilities are those road facilities which have been so designated by action of the Board of County Commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. No. JAN 2 9 200 January 1 O, 2004 3.15.3.10.1. Physical constraints exist when intensive land use development is immediately adjacent to existing through lanes making road facility expansion cost prohibitive, or when a road facility has reached the maximum through lane standards acceptable to the county. For county maintained facilities, the maximum through lane standard for a road facility will be no greater than six through lanes with allowances for auxiliary or service lanes as deemed operationally necessary. For state maintained facilities, the maximum through lane standard will be as designated by the Florida Department of Transportation. 3.15.3.10.2. Environmental and policy constraints exist when decisions are made not to expand a road facility based on environmental, historical, archaeological, aesthetic or social impact considerations. Policy constraints are artificial barriers to road facility expansions based on environmental or political realities within a community. Unlike physical constraints, however, these barriers to road facility expansion can change over time, as needs and community goals change. 3.15.3.11. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted level of service standard (LOS) as determined by roadway service volumes calculated by the Transportation Division administrator. 3.15.3.11.1. Roadway service volumes shall be determined based on the methodology contained in the most recent edition of the "Highway Capacity Manual," Transportation Research Board, National Research Council, Washington, D.C., the Florida Department of Transportation (FDOT) procedures and applications, and the level of service standards set forth in the Capital Improvements and Transportation Elements of the Growth Management Plan. 3.15.3.11.2. In ~ assessing the capacity of a county road segment~ o~ a state road segment or TCMA for the purpose of determining whether it is a deSc[ent road se~---~-ent operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, 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 constructiom,or for which the construction contract has been let; Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction, or for which the construction contract(s) has been let, before the impacts from the development or phased development accrue to the roadway system; AC.~..NDA ITEM No. JAN 2 9200 January 10, 2004 Construction of the required capital improvement is included in ~ the t?.:.rd first or second year of either the stat~ Florida DOT five-year work program or the first or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that. follows approval of the AUIR; ~* t*'z ':~ ..c.~.-~;~-,:^~ e~yZs-om~ The final local development order is for a proiect located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element; The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. 3.15.3.12. Developer means any person, including a governmental agency, undertaking any development as defined in this division. 3.15.3.13. Development agreement generally has the meaning contemplated in F.S. § 163.3220 et seq., except that any developer contribution agreement approved by the Board of County Commissioners will also meet the terms of this definition. 3.15.3.14. Development has the meaning given it in F.S. § 380.04. 3.15.3.15. Development order means any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right- of-way permit, blasting permit, excavation permit, construction approval for infrastructure (including water, sewer, grading, paving), approved development of regional impact (DRI), zoning ordinance amendment, comprehensive plan amendment, flood variance, coastal construction control line variance, tree removal permits, site development plan approval, subdivision approval (including plats, plans, variances, and amendments), rezoning, PUD amendment, certification, conditional use (provisional use), variance, or any other official action of Collier County having the effect of permitting development, as defined in this division. 3.15.3.16. Final development order means a final local development order or a final DRI development order. 3.15.3.17. Final DRI development order means a development order, as amended time to time, adopted by the Board of County Commissioners of Collier County a~ ~ .... AGENDA ITEM td No. JAN 2_9 '200q January 10, 2004 approved by the state pursuant to F.S. § 380.06, notice of which is recorded pursuant to F.S. § 380.06(15)(f). 3.15.3.18. Final local development order means for this division only, a final approved subdivision plat, a final approved site development plan, or building permit or mobile home tie-down permit issued by the county. 3.15.3.19. Growth management plan or GMP means the most recently adopted and effective comprehensive plan of Collier County, as amended from time to time. 3.15.3.20. Land development regulations mean ordinances enacted by Collier County pursuant to F.S. § 163.3161 et seq., for the regulation of development, and includes any zoning, subdivision, building construction, or sign regulations, or any other regulations controlling the development of land. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS will be stated as the capacity per unit of demand for each public facility. 3.15.3.21.1. Level of service calculations for road facilities means calculations for peak hour traffic on a roadway segment for maximum service volumes at the adopted level of service. Peak hour is calculated as the 100th highest hour based on a 10 month period (omitting February and March) which is generally equivalent to the 250th highest hour for a 12-month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.21.2. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated fi:om proposed Developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new Development to be approved, in whole or part, as proposed Development plans are submitted. 3.15.3.22. LOS for capital drainage facilities varies among: 1) new or existing capital drainage facilities owned or operated by a local government or other public entity; 2) existing capital drainage facilities owned or operated by private persons; and 3) new capital drainage facilities owned or operated by private persons. For those capital drainage facilities (publicly or privately owned) that are in existence on the effective date of this division and for those new capital drainage facilities owned or operated by a local government or other public entity, the LOS is the existing LOS as identified (by design storm retum frequency event) in the Collier County Water Management Master Plan. For new capital drainage facilities owned or operated by private persons, the LOS is identified in the Drainage Sub-Element and Capital Improvement Element policy AC~E.N~A ITE~ NO.,,, JAN 2 9 January 10, 2004 1.1.5.A.3 (present requirements are a 25-year, three-day storm event) and is based on those standards and requirements for renewal and approval of drainage and stormwater management plans established in the Collier County Water Management Policy Ordinance No. 74-50, as amended and Ordinance No. 90-10 which are incorporated herein by reference. 3.15.3.23. LOS for capital parkfacilities means 2.9412 acres per 1,000 persons for regional park land; 1.2882 acres per 1,000 persons for community park land; and $240.00 of capital investment per capita (at current cost) for recreational facilities. 3.15.3.24. LOS for capital potable water facilities varies between public water systems andprivate water systems. For the Collier County Water and Sewer District the LOS is 185 gallons per capita per day (GPCD). For the Goodland Water District the LOS is 163 GPCD. For the City of Naples unincorporated service area the LOS is 163 GPCD. For the Everglades City unincorporated service area the LOS is 163 GPCD. For independent districts and private potable water systems the LOS is the "sewage" flow design standards as identified in Policy 1.3.1 of the Potable Water Sub-Element of the Growth Management Plan, except that approved private wells are exempt from these LOS requirements. 3.15.3.25. LOS for capital road facilities on the major road network system are as set forth in Policy 1.1.5 of the Capital Improvement Element and Policy 1.4 of the Transportation Element of the Growth Management Plan. 3.15.3.26. LOS for capital sanitary sewer facilities varies between public sanitary sewer systems andprivate sanitary sewer systems. The LOS for the North Sewer Area is 145 gallons per capita per day (GPCD). The LOS for the South Sewer Area is 100 gallons per capita per day (GPCD). The LOS for the City of Naples unincorporated sewer service area is 121 gallons per capita per day (GPCD). The LOS for independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1.2.1 of the Sanitary Sewer Sub-Element of the Growth Management Plan, as required by the State of Florida in Chapter 10-D-6, F.A.C. Approved private septic systems are exempt from LOS requirements. 3.15.3.27. LOS for capital solid waste disposal facilities is two years of constructed lined cell capacity at the average disposal rate for the previous five years, and ten years of permittable landfill capacity at the average disposal rate for the previous five years. 3.15.3.28. Major road network system means those roads depicted in the Transportation Element of the Collier County Growth Management Plan. 3.15.3.29. Peak hour for transportation concurrency determination means the 100th highest hour on a roadway segment, omitting February and March data, and is the basic time reference used to calculate levels of service using the definitions and methodologies of the current edition of the Transportation Research Board Highway Capacity Manual and the procedures and applications from the Florida Department of Transportation AGENDA IT~ No. JAN 2 9'200, PC,.,. -~/. January 10, 2004 which is generally equivalent to the 250th highest hour for a 12-month period. For design of roadway capacity projects, the 30th highest hour for a 12-month period at LOS "D" will be utilized. 3.15.3.30. Person means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other entity, and its designated agents, successors or assigns. 3.15.3.31. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other sion- automotive transportation alternatives. Proportionate share payments may be used to mitigate the impacts of a development on a cznstra:.ned er deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. 3.15.3.31.1. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering desie:n, right-of-way acquisition, rflanning, eneineerin~, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. AGENDA ITEM No. JAN .2 9 January 10, 2004 3.15.3.31.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. 3.15.3.~A,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. 3.15.4. Reserved. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, § 3.J.) Sec. 3.15.5. Establishment of management and monitoring program and regulatory program: the Annual Update and Inventory Report on Public Facilities (AUIR), Transportation Concurrency Management System, CIE amendments, and annual budget. In order to implement the mandate of the Collier County Growth Management Plan to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available to accommodate development in Collier County concurrent with when the impacts of development occur on such public facilities, the Board of County Commissioners establishes, pursuant to the terms of this division, (1) a management and monitoring program that evaluates the conditions of public facilities to ensure they are being adequately planned for and funded to maintain the LOS for each public facility herein after referred to as the AUIR, and (2) a regulatory program that ensures that each public facility is available to serve development orders which are subject to the provisions of this division. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.6. Management and monitoring program. 3.15.6.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on such public facilities, the county shall establish the following management and monitoring practices. Their purpose is to evaluate and coordinate the timing, provision, and funding of potable water, sanitary sewer, solid waste, drainage, park and road public facilities: (1) to ensure adequate planning and funding to maintain the LOS for the public facilities; and (2) to evaluate the capacity of the public facilities for use in the regulatory program to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the development concurrent with when the impacts of that development OCCur. 3.15.6.2. Annual Update and Inventory Report on Public Facilities (A UIR). The Community Development and Environmental Services Division Administrator sh '.ti AGENDA No. LG~;[} January 10, 2004 complete an Annual Update and Inventory Report on Public Facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years for solid waste landfill capacity, and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated Schedule of Capital Improvements-(publio facilities)and Capital Improvements Plan (CIP)or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida, Bureau of Economic and Business Research (BEBR),or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. 3.15.6.2.1. Annual determination of adequate "Category A "public facilities (c cy) ?~nis~atar The Co~W M~ager will ~ually preset the AU~ repaX to the Bo~d ~ .... · ...... :~:~n~-~ identif~ng deficiencies or potential deficiencies in Ca~egz%'. ~ potable water, sewer, solid waste, drainage, ~arks, ~d roads public facilities ~d remedial action options including, but not limited to, the following: 1. Establishment of areas of significant influence (ASrs); 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; bo Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; Approval of new or increased revenue sources for needed public facility projects by the Board of County Commissioners, the state legislature or the county voters. Private development improvements guaranteed by an enforceable development agreement. 3.15.6.2.2. The findings of the A UIR, once approved by the Board of County Commissioners, will form the basis for the preparation of the next Annual Update Amendment of the CIE and the annual determination of any deficient, or constrair nd ~,~_N~A ITEM d, No. JAN 2 9 200 January 10, 2004 "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. D:.rect~.zn by tT_he Board of County Commissioners shall provide direction to update and amend the CIE to include projects and revenues (within the first Iht-ce-or second years for roads) needed to maintain or restore adopted LOS: ~ Ca~,.e,v..,· ^~'' ...v...,..,,,,c~';~;'; .... ~ ;~,:c,~.~ ;~ ,~_.., ^ Lm?~, . Said direction shall constitute a finding of concurrent "Category A" facilities, except roads, 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 CIE 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:c,n a s.e~mznt b3 ...... ,,.,~ ........... , ,.n~:~ The update shall factoring in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE..,~*' ...... ,,,-v--~' ~-,e,---,,--~.*~ The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's__AUIR analysis and Board direction, the Community Development and Environmental Services Division Administrator shall recommend to the Collier County Planning Commission and the Board of County Commissioners an Annual Update and Amendment to the CIE as part of the annual Growth Management Plan amendment cycle. The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore adopted LOS standards as well as recommendations for the annual budget as to needed projects and suggested funding sources. 3.15.6.4. Designation of deficient or and constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4.1. Regulation of growth along deficient roadway segments designated constrained. Deficient roadway segrnents~ 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_............. J ................... thc le;'e!v.^c~e~,4 c e ~,..~.,.-,~.,""'"'~"1 ,..~ ....c"" ~,,n,~,.~ .....~^~'~ c~:~:,.,,.~.,,,,,.,. Except as provided for below in Transportation Concurrency Exception Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), deficient constrained roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume .g4~a-i~-e~ .... ' ~ b th dptdl 1 f- i d d. ~,. .... ,h ...... i .....,*a ove ea o e eve-o servcestan ar AGENDA ITEM No. JAN 2 9'200~ January 10, 2004 3.15.6.4.2. Regulation of growth along deficient roadway segment(s). Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), t~ n.__~o trips shall be allotted ~nder a certificate of public facility adequacy for development that directly accesses and generates more than a de minimis (de minimi.s impact is defined as traffic impact oft~ss t,~.an one percent or less of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subsection 3.15.6.4.7._.~. of this Code, below indicates that the development will generate more than a de mlmmm impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is designated. Development located within the South U.S. 41 TCEA (Map TR-4) shall be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. 3.15.6.4,3.1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System {FIHS) roadways witl-.]n the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J- 5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.3. Commercial developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: a_) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b_) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c_.) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d__) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development e__l Compressed work week that would be expected to reduce vehicle miles of t, and peak hour work trips generated by the development AGENDA JAN 2 January 10, 2004 fl Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h_.) Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i) Including residential units as a portion of a commercial proiect that would ,reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain c~rtification that at least three (3) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to adiacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adiacent commercial properties with shared commercial and residential parking. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subiect to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Concurrency analysis will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of this code. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division 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 Management Areas Designated. 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 Count, on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ri Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). r Line IRe AGENDA ll~,4 JAN 2 9 January 10, 2004 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; Livingston Road (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5:. Concurrency Standard for TCMA. To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving the LOS standards indicated above, the proposed development shall not be p~mfitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of tlae Capital Improvement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficient roadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minirnis amount (more than 1% of the maximum service volume at the adopted LOS), et continue to maintain the established percentage of lanes miles indicated in subsection · 15.6.4.5. above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: 3.15.6.4.6.1. Proportionate share payments shall be calculated using the formula established in Subsection 3.15.3.31.1. The facility cost for a constrained roadway link shall be established using a typical "lane mile cost" as determined by the Collier Cout]ty 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 transportation alternatives that reduce vehicle trips within the Transportation Concurrency Management Area. 3.15.6.4.6.3. No impact will be de minimis if it exceeds the adopted level-of service standard of any affected desi~ated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 3.15.6.4.6.4. Proportionate share payments under this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not influence the concurrency determination process. 3.15.6.4.6.5. development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the follox Transportation Demand Management (TDM) strategies, as may be applicable: In order to be exempt from link specific concurrency, new commercial rlnl~ JAN 2 9 200 January 10, 2004 a) b) c) d) e) g) h) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership., Cash subsidy that is expected to increase the average vehicle occupancy lor work trips generated by the development and/or increase transit ridership. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of J) travel and automobile work trips generated by the development. Including residential units as a portion of a commercial proiect that would reduce vehicle miles of travel. Providing transit shelters within the development (must be coordinated with Collier County Transit), In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Trasxsportation Demand Management (TDM) strategies, as may be applicable: a) b) c) d) e) Including neighborhood commercials uses within a residential project. Providing transit shelters within the development (must be coordinated with Collier County Transit)... Providing bicycle and pedestrian facilities, with connections to adiacent commercial properties. Including affordable housing (minimum of 25% of the units) within the development. Vehicular access to adjacent commercial properties. 3.15.6.4.$7. Significance test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: 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; No. JAN 2 9 200 January 10, 2004 For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to three percent of the adopted LOS standard service volume; or For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. This si.qnificance test is applicable to proiects inside and outside TCEAs and TCMAs. 3.15.6.5. Establishment of area(s) of significant influence (ASI) for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, then the community development and environmental services division administrator, in conjunction with the transportation services administrator, may propose to establish one or more areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Services Administrator. 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 heatings noticed pursuant to the requirements of 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. 3.15.6.5.3. Map of areas of significant influence (ASI). A map showing the deficient roadway segment(s) within each ASI established by the Board of County Commissioners shall be kept in the Community Development and Environmental Services Division and the Office of the Clerk to the Board of County Commissioners for review and inspection by the public during normal business hours. JAN 2 9 200q January 10, 2004 3.15.6.5.4. Duration of established area of significant influence (ASI). Once the boundaries of an ASI are approved by the Board of County Commissioners, they are valid for one year, unless dissolved by the Board of County Commissioners or modified in a subsequent AUIR update. 3.15.6.5.5. Interim development controls on ASI roadway segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact equal to or greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on an existing lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. 3.15.6.5.6. Dissolution of area of significant influence (ASI). The area of significant influence (ASI) established for a deficient road segment may be dissolved in the same manner in which it was established under subsection 3.15.6.5.2. of this code by the Board of County Commissioners. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, § 3.J.) Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. 3.15.7.1. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. 3.15.7.2. Exemptions. The following development orders and development shall be exempt from the terms of this division: 3.15.7.2.1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: 3.15.7.2.1.1. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; 3.15.7.2.1.2. Substantial deviations are sought for a DRI development order, and then, this division shall apply only to those portions of the development for which the deviation is sought; 3.15.7.2.1.3. The county can demonstrate pursuant to F.S. § 380.06, that substantial changes in the conditions underlying the approval of the development order have AGENDA ITEM No. JAN .2 9 17 pg.,, January 10, 2004 occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this division to the development order is clearly established to be essential to the public health, safety and welfare; or 3.15.7.2.1.4. The new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 3.15.7.2.2. Construction of public facilities that are consistent with the Collier County Growth Management Plan. 3.15.7.2.3. Temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.4. Development orders permitting replacement, reconstruction or repair of existing development consistent with all elements of the growth management plan. 3.15.7.2.5. Temporary use permits and any subsequent renewals not to exceed a cumulative period of one year. 3.15.7.2.6. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, and properly obtains, a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: 3.15.7.2.6.1. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the Community Development and Environmental Services Division Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: 3.15.7.2.6.1.1. Name, address, and telephone number of the owner and authorized applicant if other than the owner; 3.15.7.2.6.1.2. Street address, legal description, and acreage of the property; and 3.15.7.2.6.1.3. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 3.15.7.2.6.7. of this Code. 3.15.7.2.6.2. Determination of completeness. After receipt of an application for determination of vested rights for a certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the Community Development and Environmental Serv :es Division Administrator shall notify the applicant in writing of the deficiencies. The AGENDA ITEM No. JAN 2'9 200 . January 10, 2004 Community Development and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied. 3.15.7.2.6.3. Review and determination or recommendation by Community Development and Environmental Services Division Administrator and the County Attorney. After receipt of a completed application for determination of vested fights for a certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in subsection 3.15.7.2.6.7. Based on the review and evaluation, the Community Development and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 3.15.7.2.6.7. to the extent that information is represented or obtained or inclusion feasible or applicable. If the Community Development and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 3.15.7.2.6.4., 3.15.7.2.6.5. and 3.15.7.2.6.6. However, any such stipulated determination shall be in writing, signed by the Community Development and Environmental Services Division Administrator, the County Attorney and the owner, and shall include findings of fact based on the criteria established in subsection 3.15.7.2.6.7., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.6.4. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in subsection 3.15.7.2.6.7. of this Code, and shall follow the roles of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in section 3.15.7.2.6.7. of this Code The County Attorney shall represent the county, shall attend the public heating, and shall offer such evidence as is relevant to the proceedings. The owner of the property at authorized agents, may offer such evidence at the public hearing as is relevant to tt i!~£ A~A ITm JAN. 2 g '200 January 10, 2004 proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if any. 3.15.7.2.6.5. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 3.15.7.2.6.4. of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 3.15.7.2.6.7. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in subsection 3.15.7.2.6.7. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. 3.15.7.2.6.6. Appeal to the Board of County Commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequacy of the hearing officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The Board of County Commissioners shall not be authorized to modify or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy unless the Board of County Commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hearing or that the hearing officer's determination of vested rights for a certificate of public facility adequacy is contrary to the criteria established in subsection 3.15.7.2.6.7. of this Code. 3.15.7.2.6.7. Criteria for vested rights. This section is intended to strictly adhere to and implement existing case law as it relates to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrer and related matters. It is the express intent of Collier County to require applicatio JAN 2 January 1 O, 2004 provisions of this division to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly F.S. § 163.3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this subsection. It is intended that each case be decided on a case-by-case factual analysis. An owner shall be entitled to a positive determination of vested rights for a certificate of public facility adequacy only if he demonstrates by substantial competent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this division based on the provisions of F.S. § 163.3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission of the county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. 3.15.7.2.6.8. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within two years after the issuance of the determination of vested fights for a certificate of public facility adequacy under subsection 3.15.7.2.6., or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested fights for a certificate of public facility adequacy under subsection 3.15.7.2.6, and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned two-year time limitation on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this division. 3.15.7.3. Certificate of public facility adequacy. 3.15.7.3.1. General. 3.15.7.3.1.1. A certificate of public facility adequacy shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to subsection 3.15.7.3.1.5., and such funds will be immediately available for appropriation to implement capital road facility improvements. Impact fees for all other Category "A" capital improvement be paid at the time of issuance of building permits at the rate then currently applica will le. JAN 2 9 200 ~ January 10, 2004 .,.~.,. , ..~.~.~. ~ · ,.*jj*~ ~,,~,~, % ............. ~ ......... copt',Irt:ney p~Or to L .... ~....,~-n ..,H..~....a! :-,-',,'~'~ *"~ '~ .... ' .....*" *hat ~' · -"' "-"'""J' · ........ ~.,100 .~ ..... ,., .... ~.,~,,w,.,~,w ,-, · .c~,..,.,,~*;^- .~;,i-i~." +~ -~. ~'n~1 ":*e 4 .... ~ ..... * During this proc:ss cf v:st:ng .............. , -,, ~ .m~ ,,., apprc,;': Previously · ........... r ....... ,: .... ,~ ..... r ............. a ..................... pub!i ' ' ................. " · _ .... +,,.;+,. . A .... 1 ..... + +T.,,+ pt ;--+~ +1.,~ · · t~, t,~.t. ..... j ....... t' .......... C S ......... pro;'lslo.-is ...;11 .~.-;~+,.;~ ;ts .... +;~,~r .+,,,+ ..... .4 ~A .e~,,~;1;+ ....... ;+ ......... +; ..... S...~;n+OA ..,;+T. tl.~ 3.15.'/.3. ] .2.1. A~ua! ~,J~ :,.;ar Tr~c/PU~ Mo~mHng Report. On [the effective date of this di i i dm ti all d v son's amen en , ..... v ...............:eh ............. , -.-, PUDs which is are less than 90 percent built-out, must annually by ~;'~ ..... ~ ..... ~'^"* Juna ~ a,~,x submit a report detailing ~ their pro~ess toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established by thu Transportation Administrator and must indicate any revised estimates to the initial build- out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days pass! due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. 3.15.7.3.1.3. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this ..... division, i.e., on or about November 3, 1993, a certificate of public facility adequac shall~-~* iTEM · .. January 10, 2004 be obtained prior to approval of the next development order required for the proposed development. 3.15.7.3.1.4. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this division's amendment], and which elect to come under the provisions of this division may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this division's amendment] shall be refundable upon written request to the Community Development and Environmental Services Division Administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to the [effective date of this division's amendment] in accordance with the applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an r,~.;G~n+~ ~tr,,,1.,l~,., C~,~.ll;*,, ~A ........ final local development order has application for a .............r ............ -' ~'~'~ ..... 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 )rior to the end of the third year after the initial impact fee payment. The initial 50 per¢ nt _.,,_ impact fee payment is non-refundable after payment and receipt of the certifica~ of public facility adequacy certificate. ~o._ January 1 O, 2004 .... ~.~,~ ~-~,~t 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. 3.15.7.3.2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under subsection 3.15.7.3.1.1 of this Code subsequent to the [effective date of this division's amendment] will run in perpetuity provided provisions of subsection 3.15.7.3.1.5 of this Code are met and that annual mid-year monitoring reports are filed which comply with subsection 3.15.7.3.1.2.1 of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. 3.15.7.3.2.1. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to subsection 3.15.7.3.1.1. of this Code. 3.15.7.3.2.2. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be AOENDA ITEM No. JAN 2 9 200 January 1 O, 2004 reviewed and the amount estimated to be paid pursuant to subsection 3.15.7.3.1.5 of this Code finally determined by the impact fee coordinator. One-half (50 percent) of the estimated payment will be due at the time of notification of approval of the final local development order and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements. Final calculation of impact fees due will b_.e based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the issuance of building permit(s); such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in subsection 3.15.7.3.1.1'. of this Code. 3.15.7.3.2.3. Consolidated application. A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this division. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in subsection 3.15.7.3.1.5. of this Code. 3.15.7.3.2.4. Assignability and transferability. An approved certificate of public facility adequacy shall mn with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. 3.15.7.3.2.5. Expiration. A certificate of public facility adequacy for "Category A" facilities, except roads, shall expire three years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in subsection 3.15.7.3.1.1. of this Code, refund of impact fees, except for certificates issued pursuant to subsection 3.15.7.3.1.1. of this Code, will be subject to the provisions of the consolidated impact fee trust fund ordinance. The expiration date of a re-issued certificate re-allocating capacity to different lots or parcels in the same development will relate back to, and be calculated from, the original certificate's date of issuance. 3.15.7.3.2.5.1. For large developments as indicated below, a five year certificate public facility adequacy for "Category A" facilities, except roads, may be obtaine AGENDA ITEM JAN /.25 /Pa. January 10, 2004 provided the developer enters into an enforceable development agreement with the county. Developments comprised of more than 500 residential dwelling units, or a phased increment of development comprised of more than 150 residential dwelling units, or a commercial/industrial development of more than 100,000 square feet of gross leasable area is considered to be a large development. A certificate of public facility adequacy for a large development shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code. 3.15.7.3.2.6. Effect. Issuance of a certificate of public facility adequacy shall demonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for development approved in a development order for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for development approval shall require a new certificate of public facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a certificate of public facility adequacy for subsequent or continuing development once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed. 3.15.7.3.3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the Board of County Commissioners, any applicant shall enter into an enforceable development agreement with Collier County pursuant to the provisions of F.S. §§ 163.3220 -- 163.3242 or other agreement acceptable to the Board of County Commissioners, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities. 3.15.7.3.4. Procedure for review of application. 3.15.7.3.4.1. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provided for under subsection 3.15.7.3.1.1. All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit along with final payment for any impact fees owed, including any road impact fees. Applicati{ n AC, E. hN:)A ITEM JAN 2 9200 t January 10, 2004 fees in an amount to be determined by the board of county commissioners shall accompany and be part of the applications. 3.15.7.3.4.2. Application contents. The form and contents for the application for public facility adequacy, except for the road component, shall be established by the Community Development and Environmental Services Division Administrator. In all cases, the applicant shall provide a facsimile number at which communications and notifications from the county to the applicant may be sent. The form and contents for the application for public facility adequacy for the roadway component shall be established by the Transportation Services Division Administrator. Complete applications in their entirety are necessary to allow proper and adequate review by both the Community Development and Environmental Services Division and the Transportation Services Division. The form and contents for applications shall be published and made available to the general public. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the application is determined 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, subject to the approval of the final development order. 3.15.7.3.4.4. Appeal of public facilities determination. Within 30 days after issuance of the determination of the Community Development and Environmental Services Division Administrator and/or the Transportation Services Division Administrator on the application for a certificate of public facility adequacy, the applicant may appeal the determination of to the Collier County Board of County Commissioners. A fee for the application and processing on an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the AGENDA IT'F_M applicant for a third party evaluation. The third party shall be an outside consultan' whq~o. JAN 2 9 '200~ 27 .......... January 10, 2004 has been previously approved by the county for the purpose of providing independent review and recommendations on public facility adequacy determinations. The Board of County Commissioners shall hold a heating on the appeal and shall consider the determination of the Community Development and Environmental Services Division Administrator and the Transportation Services Division Administrator, independent third party testimony and public testimony in light of all the criteria set forth in subsection 3.15.7.3.5. The Board of County Commissioners shall adopt the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination on the application for a certificate of public facility adequacy with or without modifications or conditions, or reject the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination. The Board of County Commissioners shall not be authorized to modify or reject the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination unless the Board of County Commissioners finds that the determination is not supported by substantial competent evidence or that the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination is contrary to the criteria established in subsection 3.15.7.3.5 of this code. The decision of the Board of County Commissioners shall include findings of fact for each of the criteria. 3.15.7.3.4.5. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, one-half (50 percent) of the estimated transportation impact fees shall be paid. If the applicant does not pick up the certificate and pay all applicable transportation impact fees within 90 days of notification by facsimile, the certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new certificate. All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure at that time. 3.15.7.3.4.6 Traffic Capacit~ Reservation for all or part of the proposed development may be apl3roved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 3.15.7.3.4.3. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 3.15.7.3.4.5; payment of road impact fees in accordance with section 3.15.7.3.4.5; and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.31. Traffic capacity reservations approved under this section will expire in one (1) year, from Ti approval and determination of available capacity, unless the final local development AGENDA ITEM No. JAN 2 9 200~ January 10, 2004 order for the development is approved, or the Board approves an extension to the one (1) year time period. 3.15.7.3.5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and roads). 3.15.7.3.5.1. Potable water facilities. 3.15.7.3.5.1.1. The potable water component shall be granted if any of the following conditions are met: 3.15.7.3.5.1.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.1.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.1.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.1.1.1 and 3.15.7.3.5.1.1.2 of this Code. 3.15.7.3.5.2. Sanitary sewer facilities. 3.15.7.3.5.2.1. The sanitary sewer component shall be granted if any of the following conditions are met: 3.15.7.3.5.2.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.2.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.2.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.2.1.1. and 3.15.7.3.5.2.1.2. 3.15.7.3.5.3. Solid waste facilities. 3.15.7.3.5.3.1. The solid waste component shall be granted if any of the following conditions are met: 3.15.7.3.5.3.1.1. The required pubic facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. AGENDA ITE~ No. JAN January 10, 2004 3.15.7.3.5.3.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.3.1.3. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.3.1.1 and 3.15.7.3.5.3.1.2. 3.15.7.3.5.4. Drainage facilities. The drainage component shall be granted if the proposed development has a drainage and water management plan that has been'approved by the Environmental Services Division that meets the LOS for capital drainage facilities defined in subsection 3.15.3.26 of this Code. 3.15.7.3.5.5. Park and recreation facilities. 3.15.7.3.5.5.1. The parks and recreation component shall be granted if any of the following conditions are met: 3.15.7.3.5.5.1.1. The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.5.1.2. The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. 3.15.7.3.5.5.1.3. The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which provides for the commencement of actual construction within one year of issuance of a final site development plan, final subdivision plat or a building permit. 3.15.7.3.5.5.1.4. The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 3.15.7.3.5.5.1.1, 3.15.7.3.5.5.1.2 and 3.15.7.3.5.5.1.3. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. 3.15.7.3.5.6.2. Development within designated area of significant influence (ASI). For development within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated the proposed development will not make the potentially deficient road segment within 1 ~e AC.~nOA fir_la · . JA 29200 ~30 .... Pg. January 1 O, 2004 ASIa deficient road segment. In the instance where the proposed development will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. o Sec. 3.15.8. Reserved. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.I.; Ord. No. 03-01, § 3.J.) AGENDA ITEM No. JAN 2 9 200 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer, Current Planning DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Section 2.6.3. LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the definition of building height, to include a definition for Actual Building Height, clarify the definition of Zoning Height of a building and add the definition of grade to the Zoning Code that is consistent with the definition in the Building Code. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet right on the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit requests, the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would ensure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than one-third of the total floor area, anything beyond that amount would be considered in the computation of the building height. ~__. AC~NDA ITEM No. JAN 2 9 200~ These amendments have been reviewed by all the required and interested parties, and reflect their concerns and comments where appropriate. The final language was developed in a collaborative effort with the Planning Commission and contains the language they developed and recommended to the Board of County Commissioners. FISCAL & OPERATIONAL IMPACTS: developers. RELATED CODES OR REGULATIONS: There will be no fiscal impact to Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in D_division 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 ......--.---.,u" r~air-ed-te-be placed above the roof level and not intended for human occupancy; these the m.,,+ ^.. ^? .;~...~. [e ..... +;^_ -, .~ -~ x or for commercial purposes as provided below, (A) Structural elements shall be no higher th.m~ necessary to accomplish the purpose it is intended to serve. (B) The aggregate area of structures or appurtenances Shall not exceed one-third the area of the supporting roof. (C) Where this section conflicts with Division 2.8, the provisions of Division 2.8. will control. (D) The heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight approach zone of a (See section 2.2.23.) AC-d~NDA ITEM No. · t~l JAN 2 9 2~;,J~ 2.6.3.2. Exclusions for off-street parking within a principal structure. In instances where off-street parking is provided within the principal structure, the development services director may waive the maximum height requirements to the extent necessary to permit off-street parking within the principal structure, provided however: (1) the number of off-street parking spaces required by this Code for the use involved may not be reduced; (2) the waiver in height shall not be greater than that necessary to provide for the off-street parking within the principal structure, with a maximum of two parking levels; (3) the waiver of the maximum height requirements are compatible with the uses on adjacent properties; and (4) for each off-street parking space permitted within the principal structure for which the maximum height waiver is granted, 300 square feet of additional open space beyond that which is otherwise required by this Code shall be provided. (Ord. No. 92-73, § 2) AGENDA ITEM NO.. JAN 2 9 2004 pg. ~'t~ ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer DEPARTMENT: Department of Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 3:70.1 LDC SECTION: Division 3.3 Site Development Plans LDC SUPPLEMENT #: Supplement 18 CHANGE: Including a requirement in the Site Development Plan (SDP) section of the LDC to require that all SDP's include building elevations that show actual and zoned building height. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet right on the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit requests, the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would ensure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than one-third of the total floor area, anything beyond that amount would be considered in the computation of the building height. //~ ~--2'"~, AGENDA ITEM JAN 2 § '200~ These amendments have been reviewed by all the required and interested parties, and reflect their concerns and comments where appropriate. The final language was developed in a collaborative effort with the Planning Commission and contains the language they developed and recommended to the Board of County Commissioners. FISCAL & OPERATIONAL IMPACTS: There will be no fiscal impact to developers. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. The following information shall be set forth on the coversheet: 1. The project title and the name, address and phone number of the firm or agent preparing the plans and the name, address and telephone number of the property owner. Zoning designation of the subject property. In the event that the property is zoned PUD (Planned Unit Development), the name of the PUD and the number of the ordinance approving the rezone to PUD. 3. Vicinity map clearly identifying the location of the development and its relationship to the surrounding community. A legal description and the property appraiser's property identification number(s)/folio number(s) for the subject property or properties. 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: A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. A site summary in chart form which shall include the following information, with development and dimensional standards base{ JAN AOi[NDA II'FJ~ 2 9 200 the provisions of the land development code and where applicable the PUD ordinance: a. Total site acreage. b. Total square footage of impervious area (including all parking areas, drive-aisles, and internal streets) and its percentage of the total site area. c. Total square footage of landscape area/open space and its percentage of the total site area. d. For residential projects, total number of units, units per acre, and a unit breakdown by square footage and number of bedrooms, as well as minimum/maximum (as applicable) floor area required and floor area proposed. e. For nonresidential projects, total building footage and a square footage breakdown by use (i.e., office, retail, storage, etc.) and its percentage of the total building; for hotels and motels, the minimum/maximum (as applicable) floor area, or proposed floor area ratio, required, and floor areas. f. All required and provided setbacks and separations between buildings and structures in matrix form. g. Maximum zoned building height allowed and actual pmpos~ building height as defined in Division 6.3. h. Zoning and land use of the subject property and adjacent properties, including properties abutting an adjacent right-of-way or right-of-way easement. i. North arrow, scale, and date. 3. A parking summary in matrix form which shall include: JAN 2 9 200~ c / ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer DEPARTMENT: Department of Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the definition of building height to include a definition for Zoned Building height and add the definition of grade to the LDC that is consistent with the definition in the Building Code. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet right on the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit requests, the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would ensure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than one-third of the total floor area, anything beyond that amount would be considered in the computation of the building height. These amendments have been reviewed by all the required and interested parties, and reflect their concerns and comments where appropriate. The final language was developed in a collaborative effort with the Planning Commission and contains the language they de, recommended to the Board of County Commissioners. JAN 2 9 FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. There will be no fiscal impact to developers. Various throughout the code. None Amend the LDC as follows: DIVISION 6.3 DEFINITIONS Building, Zoned height of' The vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, section 103.2.1.d [Code § 22-47(a)(4)], as amended) and, if necessary, FDEP requirements for minimum habitable first-floor structural support .............. mech~"~':ca! rccm: fcr fire suppreSs:o- _,,, :_~1,,,~,~,~ :~ **~ ,~,~:~*:~,-, ^*~-":~,~:-' *'~: ~*'* Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. Grade: A reference plane representing the average of finished ground level adioining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. JAN 2 9 ORIGIN: Community Development and Environmental Services AUTHOR: Robin Meyer DEPARTMENT: Department of Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: 6:10.2 LDC SECTION: Division 6.3 Definitions LDC SUPPLEMENT #: Supplement 18 CHANGE: Changing the definition of building height, to include a definition for Actual Building Height. REASON: In FEMA Flood Zones, due to the Federal requirements that no habitable space can be allowed below flood elevations, the actual building height being constructed on the ground is higher than the maximum allowed building height in the LDC. The reason for this difference is that first habitable floor of all buildings in the FEMA flood zones are measured from the FEMA flood elevations, this raises the starting point for building height measurement as much as 17 feet right on the coast to just a few feet further inland. This is further affected by the LDC definition of building height, which states the measurement for buildings with gable, hip, and gambrel roofs are to be measured from the mean height level between eaves and ridge of a structure rather than to the ridge. In addition, in order to limit sprawl and efficiently utilize the nonhabitable space below building the County encourages parking under structures, FEMA does not always provide enough elevation to a structure to accommodate parking, in those instances the County administratively allows the first habitable floor to be measured from the top of the parking which can add to the building height. To ensure that the actual building height will be presented on all building permit applications and land use permit requests, the County is proposing to add to the definition section of the LDC the term "Actual Building Height" and require that all building plans or zoning application provide this information. This would ensure that all permits issued in FEMA flood areas would provide building elevations that showed that the building complied with the maximum Zoning height, but would also demonstrate on their building elevations the actual height of the building from existing grade to the ridge of the building. This would also require that the definition of Zoning Height be clarified to limit Architectural Appurtenances to no more than one-third of the total floor area, anything beyond that amount would be considered in the computation of the building height. These amendments have been reviewed by all the required and interested parties, reflect their concerns and comments where appropriate. The final languag~ and WaS~Cai~NDA ITE~ No. JAN 2 9 £~.~'t Pg. developed in a collaborative effort with the Planning Commission and contains language they developed and recommended to the Board of County Commissioners. FISCAL & OPERATIONAL IMPACTS: developers. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: the There will be no fiscal impact to Various throughout the code. None OTHER NOTES: None. Amend the LDC as follows: DIVISION 6.3 DEFINITIONS Building, Actual height of: The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions o! section 2.6.3. AGENDA ITEM NO,. JAN ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: Community Development & Environmental Services Division John Kelly Planning Services LDC2:169 2.5.5.2.3. Real estate signs (Commercial) LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 13 No regulatory change - realign and adjust text. To make this subsection more understandable and clarify intent. None None None Amend the LDC as follows: 2.5.5.2.3. Rea estates s: s e ne e ........ .. t, o.~ ........................ shall be permitted in non-residential districts subject to the following: --,--,,° o., ,, .~.~'" ~........~;~;~-- 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.) ~--~--.,r~" ,, ...~" o........~;~:~' 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.) Rent," c.r 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. AGENDA i'rEM No. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:170 LDC PAGE: LDC SECTION: Community Development and Environmental Services Division 2.5.5.2.5.1.1. Cycle 3, 2003 LDC SUPPLEMENT #: Supplement 13 Establishing an administrative procedure for permitting ground signs on non-residential lots with less than 150 feet of road frontage. CHANGE: There are many businesses that currently exist on lots with less than 150 foot frontages that have a legitimate business requirement for commercial advertising. REASON: There does not appear to be a fiscal or operational impact to the proposal. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 2.5 GROWTH MANAGEMENT PLAN IMPACT: None. OTHERNOTES: None. Amend the LDC as follows: 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, ov and 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 eil ht or more independent businesses will be permitted one directory sign for a entrance on each public street. When a directory sign is proposed then pole or U?[~GE. ND A ITEM JAN 2 9 200 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. Ground signs for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: 1) For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for comer lots or parcels: aD No portion of the ground sign may be located closer than 10 feet from any property line; b_b3 a planting area of no less than 100 square feet shall be provided around the base of the ground sign; the ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accessory to; d_) the ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. the street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing or directional signs will be allowed on the same lot or parcel. 2) In addition, for those lots or parcels with frontage of 121 to 149.9 feet, or a combined public street frontage of no less than 150 feet for comer lots or parcels but less than 219.9 feet: a) b) the maximum allowable sign area is 32 square feet; the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; AGENDA ITEM No. JAN 2 [i '200~ 3_) In addition, for those lots or parcels with frontage of 100 to 120.9 feet: a) the ground sign shall be limited to 6 feet in height, as measured from the lowest centerline grade of the nearest public road to the uppermost portion of the sign structure regardless of the roadway classification; b) the maximum allowable sign area is 16 square feet. 2.5.5.2.5. !. !. 2.5.5.2.5.1.2. The minimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: AGENDA ITEM No. JAN 2 9 200 t ORIGIN: AUTHOR: DEPARTMENT: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: Community Development and Environmental Services Division Russell Webb Planning Services LDC2:217 2.6.33. Supplement 13 CHANGE: Addition of 2.6.33.10 REASON: Staff feels that the a provision should be adopted to address signs intended to inform the public as to new businesses in the area. The consensus view is that the public interest in being made aware of new businesses in the area oven'ides any minimal impacts on aesthetics. FISCAL & OPERATIONAL IMPACTS: The fees collected for the temporary use permit will most likely be offset by the revenue used to police these signs. Therefore, the impact should be minimal or non-existent. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non- residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a permanent sign, whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this si be located within any public right-of-way or easement. AGENDA ITEM No. JAN 2 9 200~. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:12 2.2.2.2.1. and 2.2.2.3. Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Supplement 13 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the rural agricultural district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: Dairying; ranching; poultry and egg production; milk production; livestock raising; and animal breeding, raising, training, stabling or kenneling. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (c hogs) not to exceed two such animals for ~ acre, and with no open fee JAN 2 9 200 personal use and not in association with commercial agricultural activity on parcels less than 20 acres in size. a. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: 1. Fighting or baiting any animal by the owner of such facility or any other person or entity. 2. Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. 3. For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it maybe amended from time to time. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: a. Minimum 20 acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2.6.35. 9. Essential services, as set forth in section 2.6.9.1. 10. Schools, public, including "Educational Plants." 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses agricultural district (A), subject to the standards and procedures esta division 2.7.4. lishel~G[nUr)A JAN 2 9 200 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising standards: a. b. (venomous) subject to the following Minimum 20 acre parcel size. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and 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 when located within the Urban Designated Area on the ?uturadra~t~ Use Map to the Collier County Growth Management Plan. ~o. JAN 2 9 '200 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. Additionally, the sale of freSh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. c. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administrative c associated parking.~ ~_% ..... A ~'~['1~1:) A ITE. M No. JAN 2 9 2004 h. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with 80 percent opacity one year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County particularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this Land Development Code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida State Park System as established by the department of natural resources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; and (4) Within any county, state or federal jurisdictional wetland area. 23. Cultural, educational, or recreational facilities and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: (1) Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. (2) The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. (3) The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. (4) and mufflers designed to reduce noise. Motor vehicles shall be equipped with engines which include spark arrestors AOF_NDA IT~ No. JAN 29'200 ! I (5) The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. (6) Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. (7) Molestation of wildlife, including feeding, shall be prohibited. (8) Vehicles shall comply with state and United States Coast Guard regulations, if applicable. (9) The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public heating, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Dairying; ranching; livestock raising; poultry and egg production; milk production; animal breeding, raising, training, stabling or kenneling on parcels less than 20 acres in size. This is not to preclude an individual property owner from the keeping of fowl or poultry, not to exceed 25 in total number, and the keeping of horses and livestock (except for hogs) not to exceed two such animals for each acre, and with no open feedlots, for personal use and not in association with a commercial agricultural activity on parcels less than 20 acres in size. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: a. Minimum 20 acre parcel size. b. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in section 2.6.9.2. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. AGE. NDA ITEM No. JAN 2 9 2. Side yard. 30 feet. 3. Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. a. Front yard. 40 feet. b. Side yard. Ten percent of the lot width, not to exceed a maximum of 20 feet on each side. c. Rear yard. 30 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. AGENDA ITE~ No. JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC2:20 2.2.3.2.1. and 2.2.3.3. LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 Supplement 15 REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the estates district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.3.2.1. 1. 2. 3. 4. Permitted uses. Single-family dwelling. Family care facilities, subject to section 2.6.26. Essential services, as set forth in section 2.6.9.1. Schools, public, including "Educational Plants." AC_-iENDA ITEM 29 200q 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, private. 5. Group care facilities (category I); care units, subject to the provisions of section 2.2.3.3.6; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A- 5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individuals; b. Result in substantial physical damage to the property of others; or c. Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21, U.S. Code. Extraction or earthmining, and related processing and production not incidental to the development of the property subject to the following criterion. a. The site area shall not exceed 20 acres. 8. Essential services, as set forth in section 2.6.9.2. 9. Ancillary Plants. 2.2.3.4.3. 1. Minimum yard requirements. Front yard. 75 feet, except in the case of: AGENDA JAN 2 9 200 Conforming comer lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced by up to 50 percent. Note: For lots which do not conform to the minimum lot width or area requirements, see definition of yard, front. Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of-way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate of ten percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines... b. For accessory structures: 25 feet from all property lines. AGENDA No. 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:24 LDC PAGE: LDC SECTION: Community Development and Environmental Services Division 2.2.4.2.1. Cycle 3, 2003 LDC SUPPLEMENT #: Supplement 15 Adding Educational Plants to the permitted uses in the residential single-family district. CHANGE: The interlocal agreement between the BCC and the Collier County School Board mandates this. REASON: None. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. Family care facilities, subject to section 2.6.26. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants;" however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.4.4.4. Minimum yard requirements. AGENDA ITEM No. JAN 2 9 200~l 1. Front yard. RSF-I: 50 feet. RSF-2:40 feet. RSF-3:30 feet. RSF-4:25 feet. RSF-5 and 6:25 feet. 2. Side yard. RSF-I: 30 feet. RSF-2:20 feet. RSF-3:7.5 feet. (Waterfront: 10 feet.) RSF-4:7.5 feet. (Waterfront: 10 feet.) RSF-5 and 6:7.5 feet. (Waterfront: 10 feet.) 3. Rear yard. RSF-1: 50 feet. RSF-2:30 feet. RSF-3:25 feet. RSF-4:25 feet. RSF-5 and 6:20 feet. 4. Accessory structure yard. See section 2.6.2. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA ITED~ No. JAN 2 9 200q Community Development and Environmental Services Division ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:26.1 2.2.5.2.1. and 2.2.5.3. Supplement 15 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-6 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.5.2.1. 1. 2. 3. 4. 5. Permitted uses. Single-family dwellings. Duplexes, two-family dwellings. Multiple-family dwellings, townhouses except as provided by section 2.6.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. AGENDA ITE. lvt No. JAN 2 9 '200 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 d;.:":s:.cn section 2.7.4: 1. Churches and houses of worship. 2. Schools, public and private. Also, "Ancillary Plants" for public schools. 3. Child care centers and adult day care centers. 4. Civic and cultural facilities. 5. Recreational facilities not accessory to principal use. 6. Group care facilities (category I and ID; care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 7. Noncommercial boat launching facilities, subject to section 2.6.22. 8. Cluster development, subject to section 2.6.27. 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One (Single) Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family 25' 10'* 20' Dwelling Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured outside wall of the principal structure. 5'om the AGENi:)A ITEM No. JAN 2 9 200/ 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. JAN 2 9 200~ ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC2:28 LDC PAGE: LDC SECTION: 2.2.6.2.1. and2.2.6.3. Supplement 9 (2.2.6.2.1.) and Supplement 14 (2.2.6.3.) LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-12 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.6.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. Townhouses, subject to the provisions of section 2.6.36. Duplexes. Single-family dwelling units for existing nonconforming lots subject to the RSF-6 dimensional standards. Family care facilities, subject to section 2.6.26. AGENDA I'I'~_M No. JAN 2 9 200 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in d:wi:ion section 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. ,,~,,;,, n.,,~: · Also, "Ancillary Plants" for public schools. Schools, p ........ private. 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. 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--Thirty feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. JAN 2 9 200 Community Development and Environmental Services Division ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:31 2.2.7.2.1. and 2.2.7.3. Supplement 14 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the residential multiple-family-16 district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.7.2.1. 1. 2. 3. 4. Permitted uses. Multiple-family dwellings. Townhouses, subject to the provisions of section 2.6.36. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. JAN 2 9 200 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 ~ section 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Noncommercial boat launching facilities, subject to section 2.6.22. 5. Schools,-pubtie-amgprivate. Also, "Ancillary Plants" for public schools. 6. 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. 2.2.7.4.3. Minimum yard requirements. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 2. Side yards--One-half of the building height as measured from the first floor of a structure with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGEI~A ITEM No. JAN 2 9 200 ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division Russell Webb LDC2:33 2.2.8.3. LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Supplement 12 Adding Ancillary Plants to the conditional uses in the residential tourist district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in d;,~,';,s,:.on section 2.7.4: 1. Churches and other places of worship. Marinas, subject to section 2.6.22. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. AC, r.N~A JAN 2 9 200 5. Private clubs. 6. Yacht clubs. 7. Permitted uses not to exceed 125 feet in height. 8. Ancillary Plants.. 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 2. Side yards--One-half the building height as measured from each exterior wall with a minimum of 15 feet. 3. Rear yard--One-half the building height as measured from each exterior wall with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines_. b. For accessory structures: 25 feet from all property lines. A~A ITEM No. JAN 2 9 200~ ,,,. ¢/ Community Development and Environmental Services Division ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:35 2.2.9.2.1. and 2.2.9.3. Supplement 9 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the village residential district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.9.2.1. 1. 2. 3. 4. 5. 6. Permitted uses. Single-family dwellings. Duplexes. Multiple-family dwellings. Mobile homes. Family care facilities, subject to section 2.6.26. Educational Plants; however, any high school located in this district is s compatibility review as described i.rLDivision 3.3. of the code. JAN 2 9 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 di;':,c,:.on section 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. 2. Child care centers and adult day care centers. 3. Churches and other houses of worship. 4. Civic and cultural facilities. 5. Cluster housing, subject to section 2.6.27. 6. Fraternal and social clubs. 7. SchOols, pub!:.c an~ PriVate; Also, "Ancillary Plants" for public schools. Group care facilities (category I and 1I); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lots/parcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and their guests within the area of approved preliminary subdivision plat, or site development plan. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district (VR). TABLE INSET: AGENDA ITEM No. JAN 2 9 200 Single- Duplex Multiple- 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 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 35 feet 2.6.2 Side yard 5 feet* 15 feet 15 feet Section 15 feet 2.6.2 Rear yard 20 feet 30 feet 30 feet Section 30 feet 2.6.2 *Waterfront: 10 feet. 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 .N/A N/A density** units/gross units/gross :units/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines:. b. For accessory structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. JAN 2 9 200 1 ** Actual maximum density shall be determined 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. JAN 2 9 200q ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:36.1 LDC PAGE: LDC SECTION: Community Development and Environmental Services Division 2.2.10.2.1. Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: REASON: Supplement 11 Adding Educational Plants to the permitted uses in the mobile home district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Amend the LDC as follows: 2.2.10.2.1. 1. 2. 3. 4. Permitted uses. Mobile homes. Modular built homes. Family care facilities, subject to section 2.6.26. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for RV spaces. The development standards of the TTRVC district (excluding lot size and area) shall apply to the placement and uses of land in said RV areas. AGENDA ITEM JAN 2 9 200 , Educational Plants; however, any high school located in this district is subject to a Compatibility review as described in Division 3.3. of the code. 2.2.10.4.3. Minimum yard requirements. 2.2.10.4.3.1. 2.2.10.4.3.2. Front yard. 25 feet. Side yard. Seven and one-half feet, except when adjacent to public roads external to the boundaries of the project, 50 feet or when it is a waterfront yard, 10 feet. 2.2.10.4.3.3. Rearyard. Ten feet. 2.2.10.4.3.4. 2.2.10.4.3.5. From exterior boundary of project or park, 15 feet or the minimum applicable yard, whichever is greater. Yard exceptions. Any nonconforming, platted MH lot of record or nonconforming MH lot located within a mobile home rental park which was in existence before the effective date of this Code shall be subject to the following standards: Front yard. Ten feet Side yard. Five feet or zero feet, where carports are connected at comer lot line. Where a zero feet yard is utilized a minimum yard of ten feet must be utilized for the opposite yard. When a yard is a waterfront, the setback is 10 feet. Rearyard. Eight feet. (Waterfront: 10 feet.) 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. JAN 2 9 2~'DQ Community Development and Environmental Services Division ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:42 2.2.12.2.1. and 2.2.12.3. Supplement 15 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Cycle 3, 2003 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial professional and general office district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.12.2.1. 1. 2. 3. 4. 5. Permitted uses. Accounting, auditing and bookkeeping services (8721). Automobile parking (7521) parking lots only. Barber shops (7241), except barber schools. Beauty shops (7231), except beauty schools. Business services (groups 7311, 7313, 7322--7331, 7338, 7371, 7372, 7374--7376, 7379). Child day care services (8351). JAN 2 9 200 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Educational Plants. 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. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. Offices for engineering, architectural, and surveying services (groups 0781, 8711-- 8713). Health services (8011--8049). Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). Insurance carriers, agents and brokers (groups 6311--6399, 6411). Legal services (8111). Management and public relations services (groups 8741--8743, 8748). Miscellaneous personal services (7291 or 7299, debt counseling only). Nondepository credit institutions (groups 6141--6163). Photographic studios (7221). 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). Shoe repair shops and shoeshine parlors (7251). Security and commodity brokers, dealer, exchanges and services (groups 6211-- 6289). Transportation services (4724), travel agencies only. 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 associat, ,d with activities conducted in an office. AC-.ENDA ri'EM No. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-I) commercial professional and general office district, subject to the standards and procedures established in d:.;Ss!on section 2.7.4. 1. Ancillary Plants. 2. Automobile parking (7521), garages-automobile parking, parking structures. 3. Churches and other places of worship. 4. Civic, social and fratemal associations (8641). 5. Depository institutions (groups 6011--6099). 6. Educational services (8211--8231, except regional libraries). 7. Homeless shelters, as defined by this Code. 8. Increased building height to a maximum of 50 feet. 9. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C- 1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; Building height may not exceed two stories; AC-~.NDA I'1"~~ JAN 2 9 200 t 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. 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 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. 10. Nursing and personal care facilities (8082). 11. Funeral service (7261 except crematories). 12. Religious organizations (8661). 13. Soup kitchens, as defined by this Code. 14. Veterinarian's office (0742), excluding outdoor kenneling. 15. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Minimum yard requirement from any residentially zoned or uses property 23 ~ENDA No. JAN 2 L::'; / o Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA ITEM JAN 2 9 200~ ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: SUPPLEMENT #: Community Development and Environmental Services Division CHANGE: REASON: Cycle 3, 2003 LDC2:46 2.2.13.2.1. and 2.2.13.3. Supplement 15 Adding Educational Plants to the permitted uses and Ancillary Plants conditional uses in the commercial convenience district. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. to the The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 2. Apparel and accessory stores with 1,800 with square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Business services (groups 7311, 7313, 7322--7338, 7371--7379, 7384). 4. Eating places with 2,800 square feet or less of gross floor area in the principal structure (5812 except contract feeding, dinner theaters, food service (ins~ ttut~ol~Al~ industrial feeding). JAN 2 9 200t ,.3 5. Educational Plants. 6. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421--5499). 7. Gasoline service stations (5541 subject to section 2.6.28). 8. General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). 9. 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. 10. Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). 11. Health services (groups 8011--8049, 8082). 12. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). 13. Libraries (8231) except regional libraries 14. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--7631). 15. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 16. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). 17. Personal services (groups 7212, 7215, 7221--7251, no beauty or barber schools, 7291). 18. United States Postal Service (4311 except major distribution center). 19. Veterinary services (0742 excluding outside kenneling). 20. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). (NOTE: Due to the inclusion of paragraph 5, the subsequent paragraphs renumbered.) ed to~at~oa ~v.~ JAN 2 9 200~ p~. /~ ~/ 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 di;Sr,'.'.zn section 2.7.4. 1. Ancillary Plant. 2. Educational services (8221, 8222) except regional libraries. 3. Homeless shelters, as defined by this Code. 4. Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery tracks, and type of equipment; c. The residential uses are designed so that commercial uses; d. eo they are compatible with the Residential dwelling units are located above principal uses; Residential and commercial uses do not occupy the same floor of a building; 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; r~ areas; or setback areas not covered with impervious surface or used fo~ :reat~Ca~A rr~ parl , JAN 2 9 200 (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. 5. Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. 6. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 7. Soup kitchens, as defined by this Code. 8. Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 1, the subsequent paragraphs need to be renumbered.) 2.2.13.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. A minimum of 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. JAN 2 9 2004 Community Development and Environmental Services Division ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:50 2.2.14.2.1. and 2.2.14.3. Supplement 15 LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Cycle 3, 2003 Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the commercial intermediate district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 2. Apparel and accessory stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5611--5699). 3. Auto and home supply stores with 5,000 square feet or less of gross floor area in the principal structure (5531). 4. Automotive services (7549) except that this shall not be construed to activity of "wrecker service (towing) automobiles, road and towing service." JAN 2 9 200 , /D?, 5. Business services (groups 7311, 7313, 7322--7338, 7361--7379, 7384, 7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, 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, window trimming, and yacht brokers). 6. Eating places with 6,000 square feet or less in gross floor area in the principal structure (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 2.6.10. 7. Educational Plants. 8. Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 9. General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 10. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 11. [Reserved.] 12. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 13. Libraries (8231). 14. Marinas (4493), subject to section 2.6.22. 15. Membership organizations (8611--8699). 16. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). AGENDA ITEM No. JAN 2 9 200 17. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drag stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 18. Museums and art galleries (8412). 19. Nondepository credit institutions (groups 6111--6163). 20. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). 21. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, 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--9661). 24. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). 25. Veterinary services (groups 0742, 0752 excluding outside kenneling). 26. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 27. United States Postal Service (4311 except major distribution centers). 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. 29. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. (NOTE: Due to the inclusion of paragraph 7, the subsequent paragraphs need to be renumbered.) A~DA N~ JAN 2 9 200 , 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 d;.;';.z;.zn section 2.7.4. 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. 3. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 4. Educational services (8221, 8222). 5. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). 6. Homeless shelters, as defined by this Code. 7. Hospitals (groups 8062--8069). 8. Justice, public order and safety (groups 9211, 9222, 9224, 9229). 9. Social services (8322--8399). 10. Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor ar! a ox ~llttnOA building or the density permitted under~the growth management plan; ~o. JAN 2 9 200 t 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. 11. Motion picture theaters, except drive-in (7832). 12. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. 13. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 14. Permitted use with less than 700 square feet gross floor area in the principal structure. 15. Soup kitchens, as defined by this Code. 16. Vocational schools (8243--8299). 17. Any other intermediate commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with the permitted uses and purpose and intent statement of the district, as determined by the board of zoning appeals. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs ne renumbered.) ~~~ 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. 2. Side yard. One-half of the building height as measured from grade with a minimum of 15 feet. 3. Rear yard. 15 feet or one-half of the height of the building as measured from grade, whichever is the greater. 4. Any yard abutting a residential parceL 25 feet. 5. Waterfront. 25 feet, except none for marinas. 6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA ITEM No. JAN '2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:56 LDC PAGE: LDC SECTION: Community Development and Environmental Services Division 2.2.15.2.1. Supplement 15 Cycle 3, 2003 LDC SUPPLEMENT #: CHANGE: Adding Ancillary Plants and Educational Plants to the permitted uses in the general commercial district. The interlocal agreement between the BCC and the Collier County School Board mandates this. REASON: FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. Agricultural services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752, except outdoor kenneling, 0783). Amusements and recreation services, indoor (groups 7911--7941, 7991--7993, 7997, 7999), outdoor (7999), including only fishing piers and lakes operation, houseboat rental, pleasure boat rental, operation of party fishing boats, canoe rental. 4. Ancillary Plants. AGE~A ITEM No. JAN 2 9 200 5. 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). 6. Automotive repair, services, parking (groups 7514, 7515, 7521 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: 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. C0 Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. go Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, 1: be located in any required yard area. JAN 2 9 200 11. 12. 13. 14. 15. 16. 17. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building materials, hardware and garden supplies (groups 5231--5261). Business services (groups 7311--7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories - 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 powefline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). Commercial printing (2752, excluding newspapers). Communications (groups 4812--4841) including communications towers up to specified height, subject to section 2.6.35. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. Educational Plants. Educational services (8221, 8222) Engineering, accounting, research, management and related services (groups 8711--8748). Food stores (groups 5411--5499). General merchandise stores (5311). Group care facilities (category I and II, except for homeless shelters); units, except for homeless shelters; nursing homes; assisted living pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continu care ng c~''~A No., JAN 2 9 200~ 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lighterage, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial track repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (7832). Public or private parks and playgrounds. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291-- 7299). Real estate (group 6512). Social services (groups 8322--8399, except for homeless shelters and soup kitchens). [Reserved.] Vocational schools (groups 8243--8299). (NOTE: Due to the inclusion of paragraphs 4 and 12, the subsequent paragraphs need to be renumbered.) 2.2.15.4.3. Minimum yard requirements. A~A ITEM No. JAN 2 9 200 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. 2. Sideyard. 15 feet or one-half of the building height as measured from grade. 3. Rear yard. 15 feet or one-half of the building height as measured from grade, whichever is greater. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW No setback is required from a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AC-.~A ITEM No. JAN 2 9 200 ORIGIN: AUTHOR: DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:62 LDC SECTION: 2.2.15 1/2.2.1. Community Development and Environmental Services Division Russell Webb Cycle 3, 2003 LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding Ancillary Plants and Educational Plants to the permitted uses in the heavy commercial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. 3. Auctioneering/auction houses (groups 7389, 5999). 4. Automotive dealers and gasoline service stations (groups 5511--5599). 5. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abutting residential zoning districts shall be subject o tl,,~c, rrnoA~ following criteria: JAN 2 9 201 a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Frontyard 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. f Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. Building construction--General contractors (groups 1521-- 1542). Building materials (groups 5211--5261). AGENDA ITEM No. JAN 2 9 2004, 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only). Construction--special trade contractors (groups 1711-- 1793, 1796, 1799). Educational Plants. Education services (groups 8243--8249). Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). Fishing, hunting and trapping (groups 0912--0919). Glass and glazing work (1793). Crematories (7261). Justice, public order and safety (groups 9211, 9221, 9222, 9224, 9229). Local and suburban transit (groups 4111 --4121). Mobile home dealers (5271). Miscellaneous repair services (groups 7622--7699). Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. Printing, publishing, and allied industries (groups 2711, 2721). Transportation services (groups 4724--1729). NOTE: Due to the inclusion of paragraphs 2 and 10, the subsequent paragraphs need to be renumbered. * I No.AGENDA ITEM JAN 2 2gg 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Railroad ROW. No setback is required from a railroad siding easement for railroad right-of-way. 6. Waterfront. 25 feet, except none for marinas. 7. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. AGENDA ITEM JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC2:64.3 LDC PAGE: LDC SECTION: Community Development and Environmental Services Division 2.2.16.2.1. Cycle 3, 2003 LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding Ancillary Plants to the permitted uses in the industrial district. REASON: The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. OTHER NOTES: The numbers and uses will have to be modified based on the proposed revisions to this section in Cycle 2, 2003. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Amend the LDC as follows: 2.2.16.2.1. Permitted uses. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Ancillary Plants. Automotive repair, service, and parking (groups 7513--7549). AC~ENDA I'IT~ 2 9 200 5. Barber shops (group 7241). 6. Beauty shops or salons (7231). 7. Building construction (groups 1521--1542). 8. Business services (groups 7312, 7313, 7319, 7334---7336, 7342--7389, including auction rooms (5999), subject to parking and landscaping for retail use). 9. Communications (groups 4812--4899 including communications towers up to specified heights, subject to section 2.6.35). 10. Construction--Special trade contractors (groups 1711--1799). 11. Crematories (7261). 12. Depository and nondepository institutions (groups 6011 6163). 13. Eating places (5812). 14. Educational services (8243--8249). 15. Electronic and other electrical equipment (groups 3612--3699). 16. Engineering, accounting, research, management and related services (groups 8711--8748). 17. Fabricated metal products (groups 3411--3479, 3491--3499). 18. Food and kindred products (groups 2011--2099 except slaughtering plants). 19. Furniture and fixtures (groups 2511--2599). 20. General aviation airport. 7699) "':*~' .......... ~'""*; ....... c^,. ,~,; .... ,4 21. Gunsmith shops (groups .............. ~ ......... ~, .~..~, ........... ~, .... 22. Heavy construction (groups 1611--1629). 23. Health services (8011 accessory to industrial activities conducted on-site only). 24. Industrial and commercial machinery and computer equipment (3511--3599). 25. Leather and leather products (groups 3131--3199). AGU~DA ifF_M" NO,._, JAN 2 9 200 /45 26. Local and suburban transit (groups 4111--4173). 27. Lumber and wood products (groups 2426, 2431--2499). 28. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 29. Membership organizations (groups 8611, 8631). 30. Miscellaneous manufacturing industries (groups 3911--3999). 31. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. 32. Motor freight transportation and warehousing (groups 4212, 4213-4225, 4226 except oil and gas storage, and petroleum and chemical bulk stations). 33. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. 34. Paper and allied products (2621--2679). 35. Personal services (groups 7211--7219). 36. Physical fitness facilities (group 7991). 37. Printing, publishing and allied industries (groups 2711--2796). 38. Railroad transportation (4011, 4013). 39. Real estate brokers and appraisers (6531). 40. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). 41. Shooting range, indoor (group 7999). 40. 41. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255-- 3273, 3275, 3281). ~ 42. Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). ~ 43..Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 44. Transportation by air (groups~). AGENDA ITEM J~ 2 9 200~ 44. 45. Transportation services (groups 4724---4783, 4789 except stockyards). 46. United States Postal services (4311). 46:. 47. Welding repair (7692). 47. 48. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063-- 5092, 5094~5099). 49. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 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). (NOTE: Due to the inclusion of paragraph 3, the subsequent paragraphs need to be renumbered.) 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 2. Side yard. The sum total of the side yards shall be 20 percent of the lot width, not to exceed a maximum of 50 feet. This yard requirement may be apportioned between the side yards in any manner, except that neither side yard may be less than ten feet. A zero lot line option may be used only in conjunction with an existing structure built on the lot line, or in conjunction with a unified plan of development involving one or more lots under common ownership where the preceding yard requirements for this district are met relative to the unified site. 3. Rear yard. 15 feet. 4. Waterfront. 25 feet. 5. Railroad ROW. No setback is required from a railroad easement, or right-of-way. 6. Yard abutting residential parcel. 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. AC, F__J,~DA FF~r_.M JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division Cycle 3, 2003 LDC2:66 2.2.18.2.1. and 2.2.18.3. Supplement 12 REASON: Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the public use district. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.18.2.1. 1. 2. 3. 4. 5. 6. Permitted uses. Administrative service facilities. Child care, not for profit. Collection and transfer sites for resource recovery. Communication towers. Education facilities. Educational Plants. 7. Essential public service facilities. 8. Fairgrounds. 9. Libraries. 10. Museums. 11. Park and recreational service facilities. 12. Parking facilities. 13. Safety service facilities. 14. Any other public structures and uses foregoing uses. (NOTE: Due to the inclusion of paragraph renumbered.) which are comparable in nature with the 6, the subsequent paragraphs need to be 5. 6. 7. 8. 9. 10. Resource recovery plants. 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 ~ivisie, n section 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. 3. Animal control. Detention facilities and jails. Detoxification facilities. Electric or gas generating plants. Incinerators. Major maintenance and service facilities. Mental health and rehabilitative facilities, not for profit. JAN 2 9 /2 '7 11. Rifle and pistol range for law enforcement training. 12. Sanitary landfills. 13. Any other public uses which are comparable in nature with the foregoing uses. 14. Earthmining. (NOTE: Due to the inclusion of paragraph 2, the subsequent paragraphs need to be renumbered.) 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 accessory structures: 25 feet from all property_ lines. JAN 2 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:69 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division Cycle 3, 2003 2.2.19.2.1. and 2.2.19.3. Supplement 15 REASON: FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Adding Educational Plants to the permitted uses and Ancillary Plants to the conditional uses in the community facility district. The interlocal agreement between the BCC and the Collier County School Board mandates this. None. None. None. Amend the LDC as follows: 2.2.19.2.1. 1. 2. 3. 4. 5. Permitted uses. Child care centers. Churches and houses of worship. Civic and cultural facilities. Museums. Nursing homes, assisted living facilities (ALF) pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C., family care facilities, group care facilities (category I) and continuing care residential communities pursuant to § 651 F.S. and ch. 4-193 F.A.C. all subject 2.6.26. ~ sectl~lt~A JAN 2 9 200z P,.... 6. Parks and playgrounds, noncommercial recreation facilities, open space uses. 7. Public, private and parochial schools. This includes "Educational Plants" for public schools. 8. Social and fraternal organizations. 9. Educational services (groups 8211--8231). 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 section 2.7.4: 1. Ancillary Plants. 2. Archery ranges. 3. Cemeteries. 4. Community centers. 5. Golf driving ranges. 6. Group care facility (category II, care unit), subject to section 2.6.26. 7. Marinas, boatramps. 8. Private clubs, yacht clubs. 9. Public swimming pools. 10. Tennis facilities. (NOTE: Due to the inclusion of paragraph 1, the subsequent renumbered.) paragraphs need to be 2.2.19.4.3. Minimum yard requirements. \ AGENDA ITEM No. JAI 2 9 200 1. Front yard. 25 feet. 2. Side yards. 15 feet. 3. Rear yard. 15 feet. 4. Any yard abutting a residential parcel. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines, b. For accessory structures: 25 feet from all property lines. AGENDA ~ No. JAN 2 g 200~ / ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:84.5 LDC SECTION: 2.2.20.7. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding a subsection to the PUD portion of the Code. The interlocal agreement between the BCC and the Collier County School Board mandates this. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.2.20.6. Special requirements for research and technology park planned unit development districts: Minimum lot area. 20,000 square feet. Minimum lot width. 100 feet except lots abutting arterial or collector roads shall have a minimum fi-ontage width of 250 feet. 3. Minimum yard requirements: a. Front yard: 25 feet. b. Side yard: 15 feet, except when abutting residentially zoned property, then 25 feet. AG.cJ~DA FI'EM JAN 2 9 2004 c. Rear yard: 15 feet. d. Minimum yard requirement from any residentially zoned or used property: 25 feet. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-58, § 3; Ord. No. 95-31, § 3; Ord. No. 97-26, § 3.B.; Ord. No. 99-6, § 3.A.; Ord. No. 00-43, § 3.B.; Ord. No. 01-34, § 3.B.; Ord. No. 02-3, §§ 3.B, 3.L.; Ord. No. 02-31, § 3.B.; Ord. No. 03-01, § 3.B.) 2.2.20.7. Special requirements for public school facilities within a planned unit development. 2.2.20.7.1. Permitted facilities. Ancillary Plants and Educational Plants are both permitted in a planned unit development district; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 2.2.20.7.2. 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. AG~A JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: LDC2:248.3-248.5 2.7.3.5. Supplement 15 Cycle 3, 2003 Adding a subsection to address addition of educational or ancillary plants without subjecting the entire PUD to review. The County has identified the need to allow schools various deviations and is proposing the following amendment to effectuate that purpose. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 2.7.3.5. 2.7.3.5.1. Changes and amendments. Substantial/insubstantial changes. Any substantial change(s) to an approved PUD master plan shall require the review and recommendation of the planning commission and approval by the board of county commissioners prior to implementation. Any insubstantial change(s) to an approved PUD master plan shall require approval by the planning commission. For the purpose of this section, a substantial change shall be deemed to exist where: There is a proposed change in the boundary of the PUD; or There is a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; or A~.NDA ITEM No. JAN 2 9 200 /.:3/ 2.7.3.5.2. o There is a proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed five percent of the total acreage previously designated as such, or five acres in area; or There is a proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; or There is a substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; or o The change will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; or 7. The change will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; or 8. The change will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; or Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the future land use element or other element of the growth management plan or which modification would increase the density or intensity of the permitted land uses; or 10. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion ofF. S. § 380.06(19)(e)2, and any changes to a DRJfPUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under section 2.7.3.5.4 or section 2.7.3.5.6 of this Code; or 11. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under section[s] 2.7.3.5.1.1 through 2.7.3.5.1.9; or [sic] Procedure for substantial/insubstantial change determination. The applicant shall provide the planning services department documentation which adequately describes the proposed changes along appropriate review fee prior t~iew by the planning commission. director he ~ JAN 2 9 200~ 2.7.3.5.3. 2.7.3.5.4. 2.7.3.5.5. 2.7.3.5.6. master plan map shall show all data normally required for submittal of a PUD master plan unless it is otherwise determined not to be necessary, describing the proposed changes in: land use; densities; infrastructure; open space, preservation or conservation areas; area of building square footage proposed for nonresidential development; change in potential intensity of land use and related automobile trip movements, and relationships to abutting land uses. In addition, the applicant, for evaluation of PUD master plan revisions, shall provide a detailed written narrative describing all of the change(s) and the reasons for the request. Upon receipt of the amended PUD master plan, the planning services department director shall review said plan against criteria established within section 2.7.3.5.1 above and may forward the plan to any other agency, division or authority deemed necessary for review and comment. Substantial changes procedures. Changes, as identified in section 2.7.3.5.1, shall be considered substantial changes to the approved PUD master plan, and the applicant shall be required to submit and process a new application complete with pertinent supporting data, as set forth in section[s] 2.7.3.1 and 2.7.3.2. Insubstantial changes procedures. Any insubstantial change(s) to an approved PUD master plan based upon an evaluation of subsection 2.7.3.5.1 shall require the review and approval of the planning commission based on the findings and criteria used for original applications as an action taken at a regularly scheduled meeting. Language changes. Language changes to a previously approved PUD document shall require the same procedure as for amending the official zoning atlas. Minor changes not otherwise provided for. It shall be understood that, while a PUD is required to describe and provide for infrastructure, intended land use types, approximate acreages of internal development tracts, and compatibility with adjacent land uses, minor changes may become necessary during the subdivision or site development plan review processes. The planning services director shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. Relocation of building envelopes when there is no encroachment up~ conservation or preservation~ JAN 2 9 200 2.7.3.5.7. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the environmental advisory board where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the planning services department director's consideration for approval. Educational and AncillarF Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. AC.~J~DA ITEM No. JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:67 LDC SECTION: Division 3.3 LDC SUPPLEMENT #: Supplement 13 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding the School Board Review Process ("SBR") to the site development review process of the LDC. The interlocal agreement between the Collier County School Board and the BCC mandates this change. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS* Sec. 3.3.1. Title and citation. This division shall be known and may be cited as the "Collier County Site Development and Site Improvement Plan Code." (Ord. No. 99-6, § 3.H.) *Editor's note: Ord. No. 99-6, § 3.H, adopted Jan. 27, 1999, amended Division 3.3 in its entirety to read as herein set out. See the Land Development Code Comparative Table. Sec. 3.3.2. Purpose. AC-.~=NDA IT~.]VI No. JAN 2 9 '200/ The intent of this division is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This division is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. (Ord. No. 99-6, § 3.H.) Sec. 3.3.3. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this division. The provisions of this division shall not apply to the following land use activities and represents the sole exceptions therefrom: 1) Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 2.6.27 (cluster development). 2) Underground construction; utilities, communications and similar underground construction type activities. 3) Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. 4) Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 2.6.33. 5) Model homes and sales centers, except as otherwise provided by section 2.6.33. 6) Project entryway signs, walls, gates and guardhouses. While the above land use activities shall be exempt from the provisions of division 3.3, these land use activities are subject to all other provisions of the Land Development Code such as but not limited to landscaping, tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. (Ord. No. 99-6, § 3.H.; Ord. No. 00-92, § 3.H.) Sec. 3.3.4. Exemptions. 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") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary_ Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. No. JAN 2 9 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 County Utilities Standards and Procedures, Ordinance No. 01- 57, as may be amended. In accordance with this Ordinance, the following requirements must be met: That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. 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 upsizing said water and/or wastewater facilities. 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 Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility 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 compatibilit3 with surrounding uses, complementary patterns of development and miti ation of negative impacts, limited to compatibility issues, external sidewalks and >athway connections, lighting, dumpster location and screening and orientat an of buildings and ancillary facilities. In addition, The Utility Billing and Cu ;tom~ JAN 2 9 200 Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver tracks 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 subject to the appeal process set forth in Section 3.4.4.2. of the code in the event that the County denies the application based on non- compliance with the items listed in this paragraph. 3.3.4.1.3. Landscaping and Bu~ering. 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 Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects 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 granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in Section 2.4.3.1.1. 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 Coun_ty 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 agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect 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. 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. AO~.NOA IT'~r..M .lAN 2 9 200t o 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 comply with the set percentages of native vegetation preservation. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency 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 Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. ° If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. AC:~NOA ITEM JAN 2 [! 200 ,,, .... 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facility Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: 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 Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County 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 improvements include, but are not necessarily limited to, the widening of adjacent 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 any other improvements determined to be necessary by Collier County Transportation Services Division and the Public Utilities Division. Turn Lanes. The School District will be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary tum lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to issuance of the first permanent certificate of occupancy. When said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), are determined to be necessary, right-of-wa, compensating right-of-way shall be provided in conjunction v improvement(s), as determined by Collier County Transl: and/or JAN 2 9 '200t ,,,. Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The mm lane queue length determinations shall be in accordance with the criteria/calculations of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the mm lane queue length determinations. Sidewalks. As part of the SBR process, the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for 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. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be wan'anted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection, bum-in period, and final approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. 7. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as ado by the FDOT, and as required by Chapter 316, Florida Statutes. ~e(:l AGENDA I'~ JAN 2 9 21 o Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. The SBR for School Board projects 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. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public heating 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. 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 Ancillary Plant to the County for SBR approval. AOENDA ITF~--" JAN 2 9 200 The County will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 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. 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 inteflocal 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 compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in the Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: 1. The placement of temporary or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility; b. includes a stadium; c. results in a greater than five percent increase in K-12 student capacity; or AGENDA ITEM JAN 2 9 /4/7 d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable cla.qsroom.q 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. I. 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 stand_a_rd County review fees for all other related project review services. J. Appeals. In the event that the County denies the application based on non- compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adiustments under the established procedures for this Board. The request for appeal shall be filed in writing with the Planning Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. 3.3.4.3. Consistency Review. The following process will be followed with respect to future Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be during the aforementioned SBR process. JAN 2 9 '200 A. The Consistency Review will be conducted as follows: 1. Prior to the purchase of a site for an Educational or Ancillary Plant, the school district will request a pre-application meeting with the Coun _ty. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. o The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complimentary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional information will be submitted to determine major issues that may affect site feasibility: a. Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property. b. Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle. or high school and whether such use includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. Impact. d. Growth Management. Identification of any Area of Critical State Concern and Development of R v_ional JAN 2 9 200 pg.__ //"~'//q 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 proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availabili_ty letters will also be provided. The School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site g. The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. 4. Within 45 days of the submission of the information outlined in Section 3.3.4.3. A 3. of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational Consistency Review. Letter of Consistency. After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency a.q 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 zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. 7. After the School District acquires the site and provides the necessar3t documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 3.3.4.2. D.2. ot AC=E. hN:)A No., JAN the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. JAN 2 9 200~ ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: LDC2:157 2.4.7.2. Supplement 11 Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: There is currently an amendment in the 2nd Cycle which, if approved, will shorten the time period regarding discontinuance to 60 days. Therefore, this will need to be revised to reflect that new time period if applicable. Amend the LDC as follows: 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 60 consecutive days or more and a request for an occupational license to resume business is made. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursum Code, the proposed use shall be required to~.install~he more opaque buffer as ~rov~cl, JAN 2 9 200~ / for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer. Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section. Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot, it shall be shown as an easement for buffering and landscaping. 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 applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require 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. A G.~NOA I'T~ No. JAN 2 9 200 t ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: LDC2:251 2.7.4.9. Supplement 15 Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat tc~.v....~.~.,~ ..... ~.~.~.~"~;";~;. ,,.w. ..... ..~.~ pla,-:) 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. ITEM ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:13 Cycle 3, 2003 LDC SECTION: 3.2.6.2. LDC SUPPLEMENT #: CHANGE: REASON: Supplement 10 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were appr°ved PfiOl;to the effeetiVe 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 mandatory nature of a final subdivision plat 3.2.fi.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 secti :h .~.2A~a~I)A JAN 2 g 200/~ 3.2.4.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions, or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services 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 determination may be appealed to the county board of commissioners. 3.2.6.2.4. Reserved. AC~ENDA ITEld No. JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:18 LDC SECTION: 3.2.6.3.5. LDC SUPPLEMENT #: Supplement 13 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. 3.2.7. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. Amend the LDC as follows: 3.2.6.3.5. Relationship and amendments to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the am requested. ~ ,nrlrnent AC-~=NDA Il'EM ' JAN 2 9 200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE tt OR DATE: LDC PAGE: LDC SECTION: Community Development and Environmental Services Division LDC 3:25-3:30.1 3.2.7. LDC SUPPLEMENT ti: CHANGE: REASON: Cycle 3, 2003 Supplement 11 Revising the section to make it clear that the PSP process is now optional. This change is being effectuated to allow the developer flexibility and to save time and effort cun'ently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. Various throughout the code. None. Amend the LDC as follows: Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, arc.hitects, and other technical and professional persons may assist in the preparatio] of tha~.nOA JAN 2 9 2004 3.2.7.1.1. 3.2.7.1.2. 3.2.7.1.3. 3.2.7.1.4. 3.2.7.1.5. 3.2.7.1.6. preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable 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: A preliminary subdivision plat shall consist of a series of mapped information sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: 1. Cover map sheet; 2. Boundary and topographic survey; 3. Preliminary subdivision plat with right-of-way and lot configurations; 4. Natural features and vegetative cover map; for proposed site alteration(s) within the coastal zone, vegetative cover map shall also comply with section 3.12.5; 5. Master utilities and water management (drainage) plans; 6. Aerial map; 7. Standard right-of-way cross sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the development services director. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. A vicinity plan showing the location of the tract in reference to other areas of the county. North arrow, graphic scale and date. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. The location and names of adjacent subdivisions, if any, and plat book and page reference. AGENDA ITEM 2 9 200 3.2.7.1.7. The tract boundary with bearings and distances along with written description and location relative to section comers. 3.2.7.1.8. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, wetlands, possible archaeological sites and other significant features. 3.2.7.1.9. All existing streets and alleys of record on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. 3.2.7.1.10. All existing property lines, easements and rights-of-way of record, their purpose, and their effect on the property to be subdivided. 3.2.7.1.11. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. 3.2.7.1.12. The incorporation and compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when such present or future streets are affected by the proposed subdivision. 3.2.7.1.13. Access points to collector and arterial streets showing their compliance to the requirements established by this division or a zoning action previously approved by the board of county commissioners. 3.2.7.1.14. Ground elevations based on the NGVD. However, information pursuant to section 3.2.7.1.8 may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. 3.2.7.1.15. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. 3.2.7.1.16. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. 3.2.7.1.17. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. 3.2.7.1.18. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjace~nt the tract including existing or proposed water and sewage treatment plant. to No._ 2 g 200, preliminary subdivision plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. Evidence of such utility availability shall be provided in writing from each utility proposed to service the subdivision. 3.2.7.1.19. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. 3.2.7.1.20. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. Such illustrations shall show a typical dwelling unit meeting required setbacks for a typical lot. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. Lot areas and lot dimensions may be shown on a legend as opposed to notation on each lot. 3.2.7.1.21 · An environmental impact statement pursuant to division 8.3 [3.8] of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary subdivision plat. 3.2.7.1.22. Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: 3.2.7.1.22.1. A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands 3.2.7.1.22.2. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state-recognized archaeological group. 3.2.7· 1.22.3. A map of all locations of other natural features as required by [the] development services director or any other regulatory agency having jurisdiction over such features. 3.2.7.1.22.4. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. 3.2.7.1.23. The location of buffered areas required by subsection 3.2.8.3.4 shall be illustrated and dimensioned if appropriate at this time. 3.2.7.1.24. A subdivision that generates 1,000 ADT (average daily trips) or 150 veh hour, peak hour/peak season shall submit_alraffic impact analysis. The traffi :les t;k~r~rNOA ~rF_M iml~. t JAN 2 9 200 3.2.7.1.25. analysis shall be prepared by an engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. A master water management plan outlining the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management and development of the subdivision. The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed .design water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.A.C., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the preliminary subdivision plat. AC-.ENDA ITEM No., .JAN 2 9 200 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:32 LDC SECTION: 3.2.8.2.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary_ subdivision plat, the information requested must still be included on the final subdivision plat. The complete calculations used to design the system shall be provided for projects 40 acres For projects greater than 40 acres or w~e~water management system will )r lcs~OEiql:)A I'1'~ utili~. JAN 2 9 200 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. AC.~.NDA ~TENI No. JAN 2 g 200~ ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:33 LDC SECTION: 3.2.8.2.14. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. 3.2.7. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. Amend the LDC as follows: 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. AGENDA JAN 2 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:34.3 LDC SECTION: 3.2.8.3.8. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. 3.2.7. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. Amend the LDC as follows: 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat. JAN 2 B ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:39 Cycle 3, 2003 LDC SECTION: 3.2.8.3.19. LDC SUPPLEMENT #: Supplement 11 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort cun'ently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations d ign d by th '~ .... ~ .....* ....;~ '~;~^~ Transp rtatio Admini trator Or es ate e ......v ....................... o n s : 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 '~ .... ~ ..... + .... :~ dir-eoto~ 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 streetjignage where a property owners' association or other entity has maintenance resp insibilil~j~A tTE~ ~ JAN 2 g 2004 11 d by sha be approve A~stratOr or kS:desigTM TransPortatiOn 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 d ..... r ....................... 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 .... ~ ..... + ....;~ ~;~+~ TranspOrtatiOn requirement may be waived by the d ..... r ....................... A~nistrator or his deSignee. AGENDA ITEM No. JAN 2 9 '200 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:44.2-45 LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division Cycle 3, 2003 REASON: 3.2.8.4.7. Supplement 13 and 14 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.2.8.4.7. Easements. Utility easements. Utility easements no less than ten feet wide, unless otherwise approved by the development services director pursuant to section 3.2.7.2, shall be provided to accommodate all required utilities to, across, or along lots and, where possible, shall be centered on lot lines with convenient access for maintenance. Utility easements and drainage easements shall not be combined without prior approval of the development services director; drainage easements shall take precedence and be so noted on the final subdivision plat. All utility easements for water and sewer facilities that will be conveyed to the Collier County Water-Sewer District shall be separately identified and on the final subdivision plat as "County Utility Easement" (C.U.E.) a a minimum of 15 feet wide unless otherwise approved by the Coll tedicated ~r C~nty JAN 2 9 200 utility division. Except when crossing other easements, such easements shall not be inconsistent with other existing utility easements, or later subjected to uses inconsistent with the use of the easement area for utility purposes unless otherwise approved by the Collier County utility division pursuant to the conditions in section 3.2.7.2. Drainage easements. Drainage easements shall be provided to accommodate open drainage facilities at a width no less than a total of ten feet. The actual size of the easement in excess of the ten-foot minimum shall be determined based on the hydraulic design of the flowway and the use of bank stabilization approved by the development services director or minimum side slopes at a four to one ratio, without stabilization. Where underground drainage structures are installed, the easement width shall be sized to accommodate construction, maintenance and replacement of said structures. In no case shall said easement be less than 15 feet in width, unless otherwise approved by the development services director pursuant to section 3.2.7.2. When a subdivision or development includes or requires access across canals, watercourses, water bodies, streams, drainageways, channels, naturally occurring wetlands (that are to be preserved), or the like, a drainage easement and adjoining maintenance/access easement shall be provided which conforms substantially to the lines of such watercourses unless otherwise approved by the development services director pursuant to section 3.2.7.2. Maintenance and access easements for the subdivision's or development's approved water management system shall be created and sized in compliance with the rules and regulations of the South Florida Water Management District, as amended. For canals or waterways maintenance/access easement shall be provided in accordance with requirements of the entity with responsibility for maintenance/access. Drainage easements shall be created to provide for the flow of surface waters from contributory areas. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the JAN 2 9 200~ p.._ /70 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 ......... Additional regulations regardin~ preserve setbacks and buffers are located in Division 3.9, and shall be applicable for all preserves, regardless if they are platted or simply identified'by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as 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, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary_ subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:60 LDC SECTION: 3.2.9.1.2. LDC SUPPLEMENT #: Supplement 15 CHANGE: REASON: Community Development and Environmental Services Division Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer fiexibility and to save time and effort currently expended by staff. 3.2.7. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. None. Amend the LDC as follows: 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 3.2.6.3.g5_ The final subdivision plat ~ shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month constructio (unless a written extension request is appzav_e,d by the development services dire~o.r JAN 2 9 '200~t 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. JAN 2 9 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:94 LDC SECTION: 3.5.5.1.3. LDC SUPPLEMENT #: Supplement 13 CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public heatings. If approved by the board during the rezone ~n&/or pre!imina.D' s'.:bdi;'ir, icn Plat ~, excavated material in an amount up to ten percent (to a maxi lin,,1 20,000 cubic yards) of the total volum~excavated may be removed 'om ~.e. JAN 2 9 '200 development. Intentions to remove material must be clearly stated during the development's review and approval process. AGENDA No. JAN 2 9 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: CHANGE: Community Development and Environmental Services Division REASON: LDC3:149 3.12.5.1.2. Original text Cycle 3, 2003 Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: OTHER NOTES: None. 3.2.7. None. Amend the LDC as follows: 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in division 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the ~ preliminary subdivision plat, if the applicant chooses to submit a preliminary subdiVisiOn plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of division 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of division 3.3. JAN 2 ORIGIN: AUTHOR: Community Development and Environmental Services Division Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC3:149 Cycle 3, 2003 LDC SECTION: 3.12.5.2. LDC SUPPLEMENT #: Original text CHANGE: Adding language to reflect that the preliminary subdivision plat (PSP) process will hereafter be optional. REASON: This change is being effectuated to allow the developer flexibility and to save time and effort currently expended by staff. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: 3.2.7. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. AGF. NDA ITEM JAN 2 9 '20a ORIGIN: Community Development & Environmental Services Division AUTHOR: Joyce Emst, Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC2:22 LDC SECTION: 2.2.3.4.3. LDC SUPPLEMENT #: Supplement 15 CHANGE: Revise language to clarify setbacks (required yards) for comer lots in the E (Estates) zoning district. The setbacks themselves will remain unchanged. REASON: Setback requirements for comer lots in the Estates zoning district are unusual, since property lines of lots in the Golden Gate Estates Subdivision are located in the center of the road right-of-way (ROW) and do not coincide with the ROW line as is normally the case. The confusing language and the placement in the LDC of setback information for these lots have resulted in errors on the part of the public and Development Services staff requiring variances to correct. This amendment consolidates the information in the section dealing with the Estates zoning district, and clarifies the language. FISCAL & OPERATIONAL IMPACTS: The change will hopefully eliminate the need for certain variance petitions, allowing staff more time to deal with other land use petitions. RELATED CODES OR REGULATIONS: LDC Div. 6.3 Definitions: yard, front GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.2.3. Estates district (E). 2.2.3.4.3. Minimum yard requirements. 1. Front yard. 75 feet, except in the case of: AOENDA ITEM JAN 2 9 200~ 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 ~' ..... +^ <t~ ...... + ......... ; ..... + .... .~¢..;+;~... .,.^c .... .~ ..¢"^" +.. ~. 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) 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 fi'ont yard. (See Exhibit B) Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the 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 often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. AGENDA ITE/vI No. JAN 2 9 2004 IT1 C~ C: I'rl ITl 0 ~ m m ~0 ~-Z C)--I > m 0 Z 0 JAN 2 9 200~ ~.. //"~ rn rn m ~ m 0 m "< m Exhib~ ITl ITl 0 Z ITl O AGENO ~ ITEM NO._ ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC2:124.34.13. LDC SECTION: 2.3.5. LDC SUPPLEMENT: Community Development and Environmental Services Division Cycle 3, 2003 Supplement 15 CHANGE: Renumbering the section based on a scrivener's error. REASON: See above. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.2.5. I. 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 for commercial or recreational purposes. _------~ US~A Ilg..M JAI 2 9 200 . 2.2.5.2. 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. 1. Vehicles shall be parked or stored on the front or side yards on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 40 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 40 percent of the larger or largest front yard as the case may be. 3. If the application of these regulations results in the maximum allowable width of the treated surface area being less than twenty (20) feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of twenty (20) feet. 4. Access to any lot shall only be made from a driveway having an approved fight- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. 2.2.5.2. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be parked or stored on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. The specifically designated area shall not exceed 50 percent of the required front yard. For properties with more than one front yard, the maximum allowable area shall be calculated using one front yard. The total allowable area shall not exceed 50 percent of the larger or largest front yard as the case may be. o A driveway may be provided on each side of the two family or larger dwelling unit. 4. If the application of these regulations results in the maximum allowable width of the treated surface area being less than 20 feet, then notwithstanding the above requirements, the driveway may be constructed at a maximum width of 20 feet.. 5. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, whether the lot is improved or unimproved. AC.O~A I~ JAN 2 9 200z 2.3.5.~.. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements shall apply to those vehicles parked or stored outside of an enclosed stmctm'e including the dwelling unit together with an attached or detached garage or carport: 1. Vehicles shall be located on the front or side yard on a specifically designated area of the lot which shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or pavers. 2. Parking areas provided in excess of the minimum parking space requirements of this code shall be clearly delineated by permanent markings on the surface. Those parking areas in excess of the minimum code requirements, shall not exceed a ratio of more than 2.0 spaces per dwelling unit. 3. Access to any lot shall only be made from a driveway having an approved right- of-way permit. No access is allowed through or across another lot, unless the access is through an improved, shared driveway or drive aisle designed to facilitate continuous access and interconnectivity between improved properties. 2.3.5.5.2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.3.5.4.2.3.5.7. 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. 2.9.5.7.2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.9.5.2. 2.3.5.9. Nonconformities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. AGENDA ITEM JAN 2 9 200~, ORIGIN: Community Development and Environmental Services Division AUTHOR: Michael J. DeRuntz DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: 2003 Cycle 3 LDC PAGE: LDC2:134 LDC SECTION: 2.3.21.4 LDC SUPPLEMENT #: Supplement 4 CHANGE: Restructuring the existing language for clarification REASON: The modification will add clarity to the existing off-street loading requirements FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTItER NOTES: None. Amend the LDC as follows: 2.3.21.4. For facilities in sect:.c,n 2.2.2! not of sufficient size to meet the minimum requirements set forth~ in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, in acczr~ance with :ectic, n 2.2.2 I, to insure 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 fzr JAN 2 9 '200 ORIGIN: Community Development & Environmental Services Division AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC Cycle 3, 2003 LDC PAGE(S): LDC2:162 LDC SECTION: 2.4.7.5. LDC SUPPLEMENT #: Supplement 11 CHANGE: Incorporate the "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County, Florida" into the Land Development Code. Adoption of this document will replace some of the sections of the Collier County Streetscape Master Plan; reference to this document will be updated as well. REASON: The "Construction Standards Handbook for Work Within the Public Rights- of-Way Collier County, Florida" has been created and it supercedes portions of the Collier County Streetscape Master Plan. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: The language contained in the amendment proposal below that is not underlined is currently being presented in the 2nd Cycle of Amendments. So, if that language is not approved, then this will have to be changed to revert back to the language in Supplement 11. Amend the LDC as follows: 2.4.7.5. "Collier County Streetscape Master Plan ", "Construction Standards Handbook _for Work Within the Public Rights-o_f- Way Collier Count_, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan:" the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan", including areas within the right-of-way and on required buffers adjacent to the right-of-way, shall adhere to the requirements ,,c+~-~ ,,r~,:~. r, .... +., ~.~, ..... ~n~+~.. ~ . m~.~,, ~.~ AGENDA ITEM No. .lAN 2 g 7.'D'l documents. Notwithstanding the above, for required landscape buffers adjacent to any right- of-way, the requirements of Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat an~or a final site development plan. Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further, the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. ORIGIN: AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: LDC SUPPLEMENT #: Supplement 14 Community Development and Environmental Services Division Cycle 3, 2003 LDC 2:228.1 Division 2.6 Supplemental District Regulations CHANGE: Revise language to clarify criterion for permitting a secondary kitchen REASON: The current language needs to be revised to further clarify the criteria used to permit a secondary kitchen. Additionally, we are amending Division 6, Definitions to create a definition for Kitchen, Secondary to further support application of this section of the code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Recommending amendment to Division 6, Definitions to add definition for Kitchen, Secondary GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a secondary kitchen prima.'3' kitchen provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) JAN 29 -.~., ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:6 LDC SECTION: 3.2.3. Applicability LDC SUPPLEMENT #: Original text CHANGE: Add language to clarify platting requirements. REASON: Clarity; it is not stated specifically within the Code that platting is required when subdividing property. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None. Amend the LDC as follows: Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. All divisions of land which meet the definition of"subdivision" shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. AGtI~A rl~ JAN 2 9 200 ORIGIN: Wastewater Department-Reuse AUTHOR: Robert Casey DEPARTMENT: Wastewater LDC PAGE: LDC3:42 LDC SECTION: 3.2.8.3.25. LDC SUPPLEMENT #: Supplement 11 Re-word the section and add language. The original language needs clarification and pipe color-coding needs to be CHANGE: REASON: addressed. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: None. None. GROWTH MANAGEMENT PLAN IMPACT: Allows for County provided non-potable irrigation service. OTHER NOTES: None. Amend the LDC as follows: 3.2.8.3.25. Central ~¢water system,--c:~qt-mt. A complete water distribution and transmission system to include provision for separate potable water and reuse non-potable irrigation water lines, and interim water treatment or inte.~m water treatment and supply facilities, if required, s~a!! must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. NOn-Potable irrigation lines must be colOr-coded accOrding to the Collier County Ordinance and Technical StandardS. t, ......... +~ '; ......... and ^+*'~- All internal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sources of ~ irrigation water are not permitted or available. T~herefore~ the developer will need irrig til .... ~ ,;~ ,~.~+ .......... + ...... ~. ..... a~.,~ to provide ation water from a source un ............................... ., ........... 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 com construction pursuant to County Ordinance No. 88-76 [Code ch. 134, art. 1II], as amen, )letion of AGENDA ITEM N O,, .. JAN 2 9 200 ORIGIN: Community Development & Environmental Services Division AUTHOR: Joyce Ernst, Ross Gochenaur DEPARTMENT: Planning Services LDC PAGE(S): LDC6:66-67 LDC SECTION: Division 6.3 Definitions: yard, front LDC SUPPLEMENT #: Supplement 15 CHANGE: Consolidate information on setbacks (required yards) for E (Estates) zoning. REASON: Information regarding setbacks for comer lots in the Estates zoning district is currently located in this division under the definition of "yard, front" as well as in Section 2.2.3. The proposed change consolidates the information under the section dealing with the Estates zoning district, and cross-references that section under the definition. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 2.2.3. (Estates) district (E) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the LDC as follows: Yard, front: The required open space extending across the entire width of the lot between the front building line and street 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 comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) r,~all ,':ct may be reduced to ~ 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. For setbacks for E (estates) zonir , JAN 2 g 200 JAN 2 9 200~ ~,... /q,g ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Cheryl Soter DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC 6: thru 6: LDC SECTION: Division 6.3 Definitions CHANGE: Revise language to definition of Guest House or Cottage and Kitchen, Primary and add language to define Cabana, Guest Quarters/Guest Suites and Kitchen, Secondary. REASON: The definitions for these terms need to be revised and/or added to the LDC Definitions Section to clarify and support application of the LDC. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: Recommending amendment to Division 2.6, Supplemental District, Secondary Kitchen regulations to further support application of this section of the code. GROWTH MANAGEMENT PLAN IMPACT: None Amend the LDC as follows: Cabana: An accessory_ structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Guest House or Cottage: An accessory dwelling t:n/tstructure which -~: ~'* ~ ~:~*-* --~-* include cc, c!:ing 6aogi6~ is attached to or detached from, a ~ dwelling located on the same residential parcel and which an accesso~ dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary_ guests or their domestic employees and which may contain kitchen facilities. --'~' :~ ~ ....... *~-~ ~,**~-~ · .... ~ Guesthouses or cottages are not permitted in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) JAN 2 9 200 Guest Quarters/Guest Suites: An attached or detached room or suite, .which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may .contain running water as long as it is not configured or of a size that may accommodate a kitchen. Kitchen, Primaw: A room in a principal dwelling which is used, designed and intended for the preparation and cooking o__f food, oft._._en 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. ACtA ITEM No. JAN 2 9 2006 ORIGIN: AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC SECTION: CHANGE: maps. REASON: Community Development and Environmental Services Division Cycle 3, 2003 LDCD:7 Appendix D Update to the maps based on revised current and future noise exposure The noise zones have been reduced due to the reduction of Stage 2 operations and other noise abatement measures implemented. See attached documents. FISCAL & OPERATIONAL IMPACTS: RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. Airport Overlay, FAA None Amend the LDC as follows: JAN 2 9 200~ APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEE SECTION 2.2.23) PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION ~'C'A~ g-. I I I COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION~.~. · o 15oo 3000 DATE: 7/02 FILE: AIRPORT-NZ-2-2OO2.DWG A(~.NI~A ITEM ' ORIGIN: Community Development & Environmental Services Division AUTHOR: Donald A. Schneider, Principal Planner DEPARTMENT: Planning Services LDC PAGE: N/A LDC SECTION: 2.2.38. LDC SUPPLEMENT #: N/A CHANGE: New overlay district. REASON: The Interim Development Controls (moratorium) for the Vanderbilt Beach Residential Tourist (RT) zoning district were adopted by the Board of County Commissioners on January 9, 2002 and became legally effective on the same date. The duration of the moratorium is until January 31, 2004. The purpose and intent of the interim development controls for the RT zoning district in the Vanderbilt Beach Area is to restrict most development and redevelopment to allow the Collier County Planning Department to conduct an assessment of the area and determine appropriate development standards for the area by way of establishing an overlay district. The study process includes public involvement, data collection, traffic projections, analysis and drafting of development standards. Public comment has been solicited primarily during workshops and public hearings. The study process will conclude with the adoption of an overlay zoning district affecting the Residential Tourist Zoning District (RT) in the Vanderbilt Beach area along Gulf Shore Drive. FISCAL & OPERATIONAL IMPACTS: Yes - See Attachment RELATED CODES OR REGUALTIONS: None GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. OTHERNOTES: Amend the LDC as follows: None. Sec. 2.2.38. Vanderbilt Beach Residential Tourist ~BRTO) Overlay Zoning Dist~ ~t AGENDA IT~ No._ JAN 2 9 200 2 2.2.38.1. 2.2.38.2. 2.2.38.3. Purpose 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 corddors~ light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive. Applicability. These regulations shall apply to the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map 2.2.38- 1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional and development requirements shall be as required or allowed in the applicable underlying zoning district. Geographic boundaries: The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map 2.2.38-1 below. JAN 2 9 200 3 2.2.38.4. 2.2.38.5. 2.2.38.5.1. Map2.2.38.-1 Figures. The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the 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. Development criteria. The following standards shall apply to all uses in this overlay district. Permitted uses. Hotels and motels. Multiple-family dwellings. AOF. NOA I'l'~r.M JAN 2 [t 200~ 4 2.2.38.5.2. 2.2.38.5.3. 3_ Family care facilities, subiect to section 2.6.26. Timeshare facilities. Uses accessory to permitted uses. Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). Shops, personal service establishments, eating or drinking establishments, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. Private docks and boathouses, subject to sections 2.6.21. and 2.6.22. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. 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: Churches and other places of worship. 2__:. Marinas, subject to section 2.6.22. Noncommercial boat launching facilities, subject to the applicable review criteria set forth in section 2.6.21. Group care facilities (category I and Il); 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. Private clubs. Yacht clubs. No._ JAN 2 9 200~ 2.2.38.6. 2.2.38.6.1. 2.2.38.6.2. 2.2.38.6.3. 2.2.38.6.4. 2.2.38.6.5. 2.2.38.6.6. 2.2.38.6.7. 2.2.38.6.7.1. 2.2.38.6.7.2. 2.2.38.6.8. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). Minimum lot area. One contiguous acre, not bisected bY a pUblic ri~t~°f- waY. Minimum lot width. 150 feet. Minimum yard requirements. Front yard: one-half the building height with a minimum of 30 feet. Side yards: one-half the building height with a minimum of 15 feet. 3. Rear yard: one-half the building height with a minimum of 30 feet. Maximum height: 75 feet. The height of the building will be measured according to the standards in the definitions of the terms actual height of building and "zoned height of building" found in Division 6.3, Definitions of this code. 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. Distance between structures. The minimum horizontal distance separation between any two principal buildings on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their heights, whichever is greater. For accessory buildings and structures dimensional criteria, see section 2.6.2. Floor area requirements. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty pement (20%) of the total units may exceed the maximum. Timeshare/multifamily minimum area: efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). Maximum lot area coverage. (Reserved.) AC-,ENDA ITEM No. JAN 2 9 200~ 6 2.2.38.7. 2.2.38.7.1. 2.2.38.8. 2.2.38.9. 2.2.38.10. 2.2.38.11. 2.2.38.12 2.2.38.13 Preservation of view corridors, light and air movements between the Gulf o_f Mexico and the Vanderbilt Lagoon. Figures 1 - 4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view 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. Off-street parking and off-street loading. As required in Division 2.3. of this code. Landscaping requirements. As required in Division 2.4 of this code. Signs. As required in Division 2.5 of this code. Coastal Construction Setback Lines (CCSL). As required in Division 3.13 of this code. Post-Disaster Recove~ And Reconstruction Management. As required in Division 3.17 of this code. Vested Rights. All projects within the Overlay District for which completed applications for rezoning, conditional use, variance, subdivision, site development plan or plat approval were filed with or approved by Collier County Prior to the adoption date of the moratorium January 9, 2002, and subsequent amendments to LDC Section 2.2.36, shall be subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time the application was deemed to be complete or at the time the application was approved and or not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. For purposes of this provision, the term "completed application" shall mean any application which has been deemed sufficient by planning services staff and has been assigned an application request number. JAN 2 9 200~ LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE UNDESIRABLE FIGURE - I AGENDA ~TEM JAN 2 9 2004 LOT AREA COVERAGE & OPEN SPACE RELATIONSHIPS LDC Section 2.2.38.7.1 DESIRABLE UNDESIRABLE FIGURE - 2 JAN 2 9 200~ 9 LDC Section 2.2.38.7.1 VIEW PLANE V.P. DESIRABLE V.P. -- VIEW PLANE OR ANGLE OF VISION FIGURE - 3 JAN 2 9 20OZ~ 10 VIEW PLANE LDC Section 2.2.38.7.1 / UNDESIRABLE V.P. = VIEW PLANE OR ANGLE OF VISION FIGURE- 4 AGENDA rT~=M JAN 2 9 200~!