The URL can be used to link to this page

Agenda 02/11/2004 LDC COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Board of County Commissioners/Land Development Code AGENDA February 11, 2004 5:05 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 ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY 1 February 11, 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. 1. PLEDGE OF ALLEGIANCE e THE BOARD TO CONSIDER AN ORDiNANCE AMENDiNG ORDiNANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH iNCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNiNCORPORATED AREA OF COLLIER COUNTY, FLORIDA. 3. ADJOURN 2 February 11, 2004 TO: Board of County Commissioners FROM: Russell Webb, Principal Planner DATE: February 6, 2004 SUBJECT: Land Development Code Amendments For 2003 Cycle 3 (REVISED) The BCC meeting for these attached amendments will take place Wednesday, February 11 th in the BCC Meeting_Room, Admin. Building, County Government Center, 5:05 P.M. Enclosed are the revised Eastern Lands/Rural Fringe Amendments that we will be discussing on the aforementioned date. Please note that this packet is intended to replace the Eastern Lands/Rural Fringe one that you received for the January 29, 2004 meeting. Therefore, you may discard the old one and utilize this one in its place. The non-Eastern Lands Amendments have not changed since the January 29 meeting when you voted on them, so no new packet is provided. If you have any questions please call me at 403-2322. PLANNING SERVICES DEPARTMENT 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 A~---~=];IDA I~'-~'"'~' ' FEB 11 200 t 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: The meeting will primarily be devoted to the second of two required public hearings for all of the Amendments pertaining to the Eastern Lands/Rural Fringe, 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. The remainder of the Amendments (non-Eastern Lands/Rural Fringe) were previously considered and individually approved during the two prior required public hearings. Therefore, no packet is being provided for these Amendments as they have not changed; however, a summary sheet is provided for reference. These Amendments will only require a vote including these provisions along with the Eastern Lands/Rural fringe Amendments into approval of one ordinance at this hearing. ACtA I'I'~.M No. 2 FEB 1 I 200 All of the Amendments being considered 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 are currently being provided (one is comprised of 18 pages and pertains to the non-Eastern Lands/Rural Fringe amendments, and the other set comprised of 6 pages pertains 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 all of the Amendments, that the Board of County Commissioners review the proposed amendments to the Land Development Code and approve as submitted, in accordance with the attached Ordinance. PREPARED BY: RUSSELL WEBB, PRINCIPAL PLANNER, DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE 3 AC-~.N~A No. FEB 1 1 2006 REVIEWED BY: DEVELOPMENT REVIEW D/~TE t APPROVED BY: vSEPH K. SC)~IMfTT, ADi~IINISTRATOR, MMUNITY DEVELOPMENT & IRONMENTAL SERVICES 4 1 200~ 11 200~ 1'1 20~3~ ~'~ . '~ ~'~ o · . . -~ . ~ . -~ . - 1 I 200~, 0 ~/~, 0 FEB 1 1 200A §. ~A 1 2004 0 .< © © I ~1~ 2oo~ IENDA I'r~ ~ 1 1 © © > ! 11 2006 ENDA ~ " 1~ 20o~ 0 e.,ENOA ITEI~ B 1 I 200~t · NDA IT~ 1 I 200~ ~ 11 200ti ;B 1 1'200~ ~{ 2oo~ ORIGIN: Rural Fringe GMP Amendments Establishing Rural Fringe AUTHORS: Nancy Linnan, Esquire, Carlton Fields Marti Chumbler, Esquire, Carlton Fields Robert Mulhere, AICP, RWA, Inc. William Lorenz, P.E. Stan Litsinger, AICP Other Members of County Staff DEPARTMENT: Consultants to Collier County and Collier County staff from Environmental Services and from Planning. LDC PAGE(S): Various as identified on Table of Contents LDC SECTION: Various as identified on Table of Contents, including: TAB A : TAB B: TAB C: TAB D: TAB E: TAB F: TAB G: TAB H: TAB I: TABJ: TAB K: TAB L: TAB M: TALg532626.5 Creation of Section 2.2.2V2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT); Amendments to Section 2.2.17 CONSERVATION DISTRICT; Creation of Section 2.2.27. RLSA DISTRICT: NEW DEFINITIONS, DESIGN STANDARDS, & BASELINE STANDARDS. Creation of Section 2.2.30 NRPA OVERLAY; Creation of Section 2.2.31 NBM OVERLAY; Amendments to Section 2.6.9 ESSENTIAL SERVICES; Amendments to Section 2.6.35 COMMUNICATIONS TOWERS; Amendments to Section 3.5.11 LITTORAL SHELF PLANTING AREA; Amendments to Section 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS; Creation of Section 2.6.40 DENSITY BLENDING; Amendments to Section 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS); Amendments to Section 3.9.VEGETATION REMOVAL, PROTECTION AND PRESERVATION; Amendments to Section DIVISION 3.11. ENDANGERED, THRE.; LISTED SPECIES PROTECTION; FEB 1 ! 200q TAB N: Amendments to DIVISIONS 6.2 ABBREVIATIONS and 6.3 DEFINITIONS CHANGE: Amendments to the LDC in Order to implement the Rural Lands Assessments based Goals, Objectives and Policies. REASON: Required by BCC Adoption Rural Lands and Rural Fringe Assessments based Goals, Objectives and Policies (and as a result of their being effective). FISCAL & OPERATIONAL IMPACTS: Approval of these amendments will have no fiscal or operation impact on the county. From the private property owner perspective however, these amendments will provide for the implementation of the Rural Assessment-based comprehensive plan goals, objectives and policies, allowing property owners to move forward with development activities as authorized. For the most part, this area has been subject to a building moratorium for the past 3 plus years. By adopting these implementing land development regulations (LDRs) the County will be creating a process whereby development consistent with these provisions can once again resume. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: These LDC amendments will provide for the implementation for the Rural Fringe Comprehensive Plan Goals Polices and Objectives. TAL~532626.5 2 FEB 1 1 TAB A TAB B TAB C TAB D TAB E TAB F TAB G TAB H TAB I TAB J TAB K TAB L TAB M TAB N TABLE OF CONTENTS RFMU DISTRICT ................................................................... 21 CONSERVATION DISTRICT .............................................. 53 RLSA DISTRICT .................................................................... 59 · DESIGN STANDARDS ................................................ 67 · BASELINE STANDARDS ........................................... 96 NRPA OVERLAY ................................................................. 104 NBM OVERLAY ................................................................... 107 ESSENTIAL SERVICES ..................................................... 114 COMMUNICATIONS TOWERS ....................................... 120 LITTORAL SHELF PLANTING AREA ........................... 125 TDRS ...................................................................................... 127 DENSITY BLENDING ......................................................... 136 EIS ...................................................................................... 140 VEGETATION REMOVAL, ETC ...................................... 155 LISTED SPECIES PROTECTION ..................................... 202 ABBREVIATIONS & DEFINITIONS ............................... 211 TALg532626.5 3 AGENOA ITEM No. FEB 1 ~200~ TAB A 2.2.2~. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) ................ 25 2.2.2~.1 PURPOSE AND SCOPE .................................................................................. 25 A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT...25 B. EXEMPTONS .......................................................................................... 25 C. ORDINANCE SUPERCEDED ............................................................... 25 2.2.2.½.2 RFMU RECEIVING LANDS .................................................................. ; ...... 26 A. OUTSIDE RURAL VILLAGES ............................................................. 26 1. NBMO EXEMPTION .................................................................. 26 2. MAXIMUM DENSITY ................................................................ 26 a. BASE DENSITY .............................................................. 26 b. ADDITIONAL DENSITY ............................................... 26 (1) TDRS ..................................................................... 26 (a) CLUSTERING REQUIRED ................... 26 (b) MINIMUM PROJECT SIZE .................. 26 (c) EMERGENCY PREPAREDNESS ........ 27 (2) ADDITIONAL DENSITY ................................... 27 3. ALLOWABLE USES .................................................................. 27 a. USES PERMITTED AS OF RIGHT ............................. 27 b. 'ACCESSORY USES ........................................................ 30 c. CONDITIONAL USES ................................................... 31 4. DESIGN STANDARDS .............................................................. 32 a. DEVELOPMENT NOT UTILIZING CLUSTERING.32 (1) (2) (3) MINIMUM LOT AREA ...................................... 32 MINIMUM LOT WIDTH ................................... 32 MINIMUM YARD REQUIREMENTS ............. 32 CLUSTERED DEVELOPMENT ................................... 32 (1) LOT AREAS AND WIDTHS ............................. 32 (a) SINGLE-FAMILY ................................... 32 (b) MULTI-FAMILY ..................................... 32 (2) MINIMUM YARD REQUIREMENTS ............ 32 (a) SINGLE FAMILY ................................ TAL#532626.5 4 .32 AC~=.I~K)A ITEM TALg532626.5 (b) MULTI-FAMILY ..................................... 33 (3) HEIGHT LIMITATIONS ...................................33 (a) PRINCIPAL STRUCTURES .................. 33 (b) ACCESSORY STRUCTURES ............... 33 (4) MINIMUM FLOOR SPACE ............................. 33 (a) SINGLE-FAMILY ................................... 33 (b) MULTI-FAMILY ..................................... 33 c. PARKING ......................................................................... 33 d. LANDSCAPING .............................................................. 33 e. SIGNS ................................................................................ 33 5. NATIVE VEGETATION RETENTION .................................... 33 6. USABLE OPEN SPACE ............................................................. 33 RURAL VILLAGES ................................................................................ 34 1. ALLOWABLE USES .................................................................. 34 2. MIX OF NEIGHBORHOOD TYPES ........................................ 35 a. ALLOCATION OF LAND USES .................................. 36 b. ACREAGE LIMITATIONS ........................................... 36 3. DENSITY ...................................................................................... 37 a. BASE DENSITY .............................................................. 37 b. MINIMUM DENSITY ..................................................... 37 c. MAXIMUM DENSITY ................................................... 37 4. OTHER DESIGN STANDARDS ................................................ 37 a. TRANSPORTATION SYSTEM DESIGN ..................... 37 b. LOCATIONAL RESTRICTIONS AND STANDARDS ................................................................... 38 c. SIZE LIMITATIONS ...................................................... 38 d. ADDITIONAL VILLAGE DESIGN CRITERIA ......... 38 5. NATIVE VEGETATION ............................................................. 41 6. GREENBELT ................................................................................ 41 7. OPEN SPACE ............................................................................... 41 8. PROCESS FOR APPROVAL OF A RURAL VILLAGE ........ 42 a. EIS .................................................................................... ~2 b. DEMONSTRATION OF FISCAL NEUTRALITY .... 42 5 A~IDA I N~ 2.2.2~.3. A. NEUTRAL LANDS ................................................................................. 42 ALLOWABLE USES .............................................................................. 43 1. USES PERMITTED AS OF RIGHT ......................................... 43 2. ACCESSORY USES .................................................................... 45 3. CONDITIONAL USES ............................................................... 45 DENSITY .................................................................................................. 46 1. MAXIMUM GROSS DENSITY ....................................................... 46 2. RESIDENTIAL CLUSTERING ...................................................... 46 DIMENSIONAL AND DESIGN STANDARDS ................................... 47 1. DEVELOPMENT THAT IS NOT CLUSTERED ..................... 47 a. MINIMUM LOT AREA .................................................. 47 b. MINIMUM LOT WIDTH ............................................... 47 c. MINIMUM YARD REQUIREMENTS ......................... 47 2. DEVELOPMENT THAT IS CLUSTERED .............................. 47 90 MINIMUM LOT AREA .................................................. 47 MAXIMUM LOT AREA ................................................ 47 MINIMUM LOT WIDTH ............................................... 47 MAXIMUM LOT WIDTH ............................................. 47 3. HEIGHT LIMITATIONS ........................................................... 47 4. FLOOR AREA ............................................................................. 47 5. PARKING ..................................................................................... 47 6. LANDSCAPING .......................................................................... 47 7. SIGNS ............................................................................................ 47 D. NATIVE VEGETATION RETENTION ...............................................47 E. USABLE OPEN SPACE ......................................................................... 48 2.2.2~.4. RFMU SENDING LANDS .............................................................................. 48 A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED ........................................................................... 48 1. USES PERMITTED AS OF RIGHT ......................................... 48 2. ACCESSORY USES .................................................................... 49 3. CONDITIONAL USES ............................................................... 49 B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED .................................................................................. TALg532626.5 6 ..49 AGENDA ITEM FEB 1 1 200/~ Ce 1. USES PERMITTED AS OF RIGHT ......................................... 49 2. CONDITIONAL USES ............................................................... 50 DENSITY .................................................................................................. 51 NATIVE VEGETATION RETENTION ................................................ 51 OTHER DIMENSIONAL DESIGN STANDARDS .............................. 52 2. 3. 4. LOT AREA AND WIDTH ........................................................... 52 PARKING ...................................................................................... 52 LANDSCAPING ........................................................................... 52 SIGNS ............................................................................................. 52 TAB B 2.2.17 CONSERVATION DISTRICT .......................................................................... 54 2.2.17.1 PURPOSE AND INTENT ................................................................................ 54 2.2.17.2 ALLOWABLE USES ....................................................................................... 55 A. USES PERMITTED AS OF RIGHT ...................................................... 55 B. USES ACCESSORY TO PERMITTED USES ..................................... 56 C. CONDITIONAL USES ............................................................................ 56 2.2.17.3 DESIGN CRITERIA ........................................................................................ 57 A. DIMENSIONAL STANDARDS .............................................................. 57 1. MINIMUM LOT AREA ............................................................... 57 2. MINIMUM LOT WIDTH ............................................................ 57 3. MINIMUM YARD REQUIREMENTS ...................................... 57 4. MAXIMUM HEIGHT .................................................................. 57 B. MAXIMUM DENSITY AND INTENSITY ............................ ~ .............. 57 1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES ...57 2. FAMILY CARE FACILITIES .................................................... 58 3. GROUP CARE FACILITIES AND OTHER HOUSING FACILITIES ............................................................. 58 4. SPORTING AND RECREATIONAL CAMPS ......................... 58 5. STAFF HOUSING ........................................................................ 58 C. OFF-STREET PARKING ....................................................................... 58 D. LANDSCAPING ....................................................................................... ~8 7 TALg532626.5 AGENDA ITEM No. FEB 1 1-200 E. SIGNS ........................................................................................................ 58 2.2.27. STANDARDS ....................................................................................................... 67 2.2.27.2.DEFINITIONS ................................................................................................... 67 2.2.27.10.SRA DESIGNATION ...................................................................................... 69 J. DESIGN CRITERIA ............................................................................... 69 1. SRA CHARACTERISTICS ........................................................ 68 Figures 1 &2 .................................................................................. 70 Figures 3&4 .................................................................................. 71 Figures 5&6 .................................................................................. 72 Figures 7&8 .................................................................................. 73 Figures 9&10 ................................................................................ 74 Figures 11 & 12 .............................................................................. 75 Figures 13&14 .............................................................................. 76 Figures 15&l 6 .............................................................................. 77 Figu res 17& 18 .............................................................................. 78 2. TOWN DESIGN CRITERIA ...................................................... 79 a. GENERAL DESIGN CRITERIA .................................. 79 b. TRANSPORTATION NETWORK ............................... 79 c. OPEN SPACE AND PARKS .......................................... 80 d. CONTEXT ZONES ......................................................... 80 TAB C RURAL LANDS STEWARDSHIP DIRECT OVERLAY DISTRICT DESIGN (1) (2) (3) (4) (5) TOWN CORE ...................................................... 80 TOWN CENTER ................................................. 84 NEIGHBORHOOD GENERAL ........................ 85 NEIGHBORHOOD EDGE ................................. 88 SPECIAL DISTRICT .......................................... 89 VILLAGE DESIGN CRITERIA ................................................ 89 a. GENERAL CRITERIA ................................................... 89 b. TRANSPORTATION NETWORK ............................... 90 c. PARKS . . TALg532626.5 ...90 AGENDA ITEM NO. FEB 1 1'200 de CONTEXT ZONES ..................................................... ,...90 (1) (2) (3) (4) (5) GENERAL ............................................................ 90 VILLAGE CENTER CONTEXT ZONE .......... 90 NEIGHBORHOOD GENERAL ........................ 92 NEIGHBORHOOD EDGE .................................92 SPECIAL DISTRICT .......................................... 92 4. HAMLET DESIGN CRITERIA .............................................. 93 a. GENERAL ........................................................................ 93 b. OPEN SPACES AND PARKS ........................................ 93 c. CONTEXT ZONES ......................................................... 93 (1) NEIGHBORHOOD GENERAL ........................ 93 (2) NEIGHBORHOOD EDGE ................................ 95 5. COMPACT RURAL DEVELOPMENT ................................... 95 a. GENERAL ........................................................................ 95 b. EXAMPLE ........................................................................ 96 2.2.27.11.BASELINE STANDARDS ............................................................................. 96 A. PURPOSE AND INTENT ....................................................................... 96 B. APPLICABILITY OF CODE ................................................................. 96 C. ALLOWABLE USES .............................................................................. 96 D. STANDARDS APPLICABLE INSIDE THE ACSC ............................ 97 E. STANDARDS APPLICABLE OUTSIDE THE ACSC ........................ 97 F. GOLF COURSE STANDARDS ............................................................. 99 G. STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS THAT ARE OUTSIDE OF THE ACSC .............................................. 101 H. STANDARDS APPLICABLE TO WETLANDS LOCATED OUTSIDE FSAS, HSAS, WRAS, AND THE ACSC ......................... 101 TAB D 2.2.30 NRPA OVERLAY .............................................................................................. 105 2.2.30.1 PURPOSE AND INTENT ............................................................................... 105 iJ Ce NRPA DESIGNATED AS SENDING LANDS WITHIN THE RFMU DISTRICT ................................................................................ DEVELOPMENT STANDARDS ........................................................ TAL#532626.5 9 105no._ TAB E 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT 0NBMO) ....................... 110 2.2.31.1 PURPOSE AND INTENT ............................................................................... 110 2.2.31.2 ESTABLISHMENT OF NORTH BELLE MEADING ZONING OVERLAY ......................................................................................... 110 2.2.31.3 APPLICABILITY ............................................................................................ 110 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS .................. 110 A. TRANSPORTATION ............................................................................ 110 B. BUFFERING ........................................................................................... 111 C. GREENWAY .......................................................................................... 111 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS ........................................ 111 A. RECEIVING LANDS ............................................................................. 111 B. NEUTRAL LANDS ................................................................................ 113 2.6.9 2.6.9.1. A. Ce Ee TAL#532626.5 TAB F ESSENTIAL SERVICES ............................................................................ 115 PERMITTED ESSENTIAL SERVICES ................................................... 116 PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS ............................... 116 PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS .............................................................................................. 116 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS ............................................................................................ 117 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL AND ESTATE ZONED DISTRICTS ................. 117 ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL ZONED DISTRICTS ........................................... 117 AC~_.NDA ITEIvl ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS .......................................... 117 lO 2.6.9.2 CONDITIONAL USES ...................................................................................... 117 A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS ................................. 117 B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS, AND FSAS ...................................................... 118 C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL LANDS ....................... 118 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES ................................................................................................... 118 TAB G 2.6.35 COMMUNICATIONS TOWERS ..................................................................... 121 2.6.35.1 PURPOSE AND INTENT ............................................................................... 121 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE ........................................................... 122 2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS ......................................................................................... 122 A. GROUND MOUNTED TOWERS ........................................................ 122 B. BIRD DIVERTER DEVICES ............................................................... 122 C. HABITAT LOSS ..................................................................................... 122 D. SECURITY LIGHTING ........................................................................ 122 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE ...................................................... 122 2.6.35.6.12. TOWER LIGHTING ................................................................................ 122 A. TOWERS AND ANTENNAS EXCEEDING 150 FEET .................... 122 B. NEW TOWERS EXCEEDING 199 FEET .......................................... 122 2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE ........................................................ 123 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE ............................ 123 2.6.35.8.1. CO-LOCATED FACILITIES ................................................................... 123 2.6.35.8.2. NEW TOWERS OR ANTENNAS ............................................................ 123 2.6.35.8.3. SUFFICIENCY NOTICE .... 2.6.35.8.4 DEFAULT APPROVAL ............................................................................. 2.6.35.8.5 WAIVER ....................................................................................................... TAL#532626.5 1 1 124 ~c~noA 124 FEB 1 TAB H 3.5.11 LITTORAL SHELF PLANTING AREA ......................................................... 126 TAB I 2.6.39. TRANSFER OF DEVELOPMENT RIGHTS ................................................. 128 2.6.39.1 PURPOSE, INTENT, AND APPLICABILITY ............................................ 128 A. PURPOSE ............................................................................................... 128 B. INTENT .................................................................................................. 128 C. APPLICABILITY .................................................................................. 128 2.6.39.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS ........................................................................... 129 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS ................................................................................ 132 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS ........................ 132 A. TRANSFERS TO URBAN AREAS ..................................................... 132 B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE ............. 133 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS ........................................................................................ 133 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS ................................................ 133 A. GENERAL .............................................................................................. 133 B. COUNTY MAINTAINED CENTRAL TDR REGISTRY ................. 134 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS ............................ 135 TAB J 2.6.40 DENSITY BLENDING ...................................................................................... 137 2.6.40.1 PURPOSE ......................................................................................................... 137 2.6.40.2 CONDITIONS AND LIMITATIONS ........................................................... 137 A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS ......................................................................... 137 B. PROPERTIES STRADDLING RFMU SENDING LANDS .............. 138 C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT .................................................... 39 12 TAL~532626.5 A~iENI::)A ITEM No. FEB 1 1' TAB K DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)* ................. 141 ~ @ I rrT-l'D~'"kT'Tt"n'[-]' "~ 0 ~ A ~rt~ i.~T.~ A-~.d.~12 1;11 3.8.5 INFORMATION REQUIRED FOR APPLICATION ................................... 143 3.8.5.1 APPLICANT INFORMATION ...................................................................... 147 3.8.5.2 MAPPING AND SUPPORT GRAPHICS ...................................................... 148 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION ........................................................................................... 148 3.8.5.4 NATIVE VEGETATION PRESERVATION ................................................ 149 3.8.5.5 WETLANDS ...................................................................................................... 149 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT .............................. 151 3.8.5.7 LISTED SPECIES ............................................................................................. 151 3.8.5.8 OTHER .............................................................................................................. 152 3.8.6 ADDITIONAL DATA ......................................................................................... 152 3.8.7 RELATION BETWEEN ElS AND DRI .......................................................... 152 3.8.8 EXEMPTIONS ...................................................................................................... 152 3.8.8.1 SINGLE FAMILY OR DUPLEX USES ......................................................... 152 3.8.8.2 AGRICULTURAL USES ................................................................................. 151 3.8.8.3 NON-SENSITIVE AREAS ............................................................................... 153 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES ......................... 153 3.8.8.5 NBMO RECEIVING LANDS ........................................................................... 153 . . ·153 3.8.9 FEES ................................................................................................................. 3.8.10 APPEALS ........................................................................................................... 153 3.9. 3.9.1 3.9.2 3.9.3 TALg532626.5 PURPOSE ......................................................................................................... APPLICABILITY ............................................................................................ TAB L VEGETATION REMOVAL, PROTECTION AND PRESERVATION ..... 159 TITLE AND CITATION .................................................................................. 159 .159 AG~IDA I'W~ .160~ 13 FEB 1 I 200 3.9.3.1 A. B. C. D. E. EXEMPTIONS AND EXCEPTIONS .............................................................. 160 NBMO EXEMPTION ............................................................................ 160 SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION ................ 160 AGRICULTURAL EXEMPTION ........................................................ 160 PRE-EXISTING USES .......................................................................... 160 EXEMPT MANGROVE ALTERATION PROJECTS ...................... 161 3.9.4. VEGETATION PRESERVATION STANDARDS ...................................... ,...163 3.9.4.1 GENERAL STANDARDS AND CRITERIA .................................................. 163 3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS ................................................................................... 164 A. REQUIRED PRESERVATION ........................................................... 165 B. EXCEPTIONS ........................................................................................ 165 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT ............................. 166 A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO .............. 166 B. NEUTRAL LANDS ............................................................................... 166 C. RFMU SENDING LANDS .................................................................... 166 D. GENERAL EXCEPTIONS ................................................................... 167 1. NONCONFORMING, PRE-EXISTIN7 PARCELS ................................................................................... 167 2. SPECIFIC COUNTY-OWNED LAND ................................... 167 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES ................................................................. 167 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT ........................................ 167 3.9.4.5 DENSITY BONUS INCENTIVES ................................................................... 167 3.9.5 WETLAND PRESERVATION AND CONSERVATION ............................. 168 3.9.5.1 PURPOSE ........................................................................................................... 168 3.9.5.2 URBAN LANDS ................................................................................................. 168 3.9.5.3 RFMU DISTRICT ....................................... , ..................................................... 168 A. STANDARDS ......................................................................................... 167 B. MITIGATION ........................................................................................ 170 1. MITIGATION REQUIREMENTS .......................................... 170 2. MITIGATION INCENTIVES .................................................. 70 3.9.5.4 ESTATES, RURAL -SETTLEMENT AREAS, AND ACSC ........................ TAL#532626.5 1 4 AC-iENDA ITEM 70 F'EB 1 1, 200t 3.9.5.5 RLSA DISTRICT .............................................................................................. 171 3.9.5.6 SUBMERGED MARINE HABITATS ............................................................ 171 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION ............................................................................................. 171 3.9.6.1 PURPOSE AND APPLICABILITY ................................................................ 171 3.9.6.2 REVIEW PROCESS ......................................................................................... 171 3.9.6.3 RFMU DISTRICT REQUIREMENTS ........................................................... 171 A. OPEN SPACE ........................................................................................ 171 B. OPEN SPACE AS BUFFERS ............................................................... 172 C. CONTIGUOUS NATIVE VEGETATION ......................................... 172 D. WILDLIFE CORRIDORS .................................................................... 172 3.9.7 PRESERVE STANDARDS ............................................................................... 172 3.9.7.1 DESIGN STANDARDS ..................................................................................... 172 A. IDENTIFICATION ................................................................................ 172 B. MINIMUM DIMENSIONS ................................................................... 173 C. PROTECTION OF WETLAND HYDROPERIODS ......................... 173 D. PROTECTIVE COVENANTS .............................................................. 173 E. CREATED PRESERVES ...................................................................... 173 1. APPLICABILITY ....................................................................... 173 2. REQUIRED PLANTING CRITERIA ...................................... 174 F. ALLOWABLE SUPPLEMENTAL PLANTINGS .............................. 175 G. PRESERVE MANAGEMENT PLANS ................................................ 175 1. GENERAL MAINTENANCE ................................................... 175 2. EXOTIC VEGETATION REMOVAL, NON-NATIVE VEGETATION, AND NUISANCE OF INVASIVE PLANT CONTROL .................................................................... 175 3. DESIGNATION OF A PRESERVE MANAGER ................... 175 4. WILDLIFE HABITAT MANAGEMENT ............................... 176 5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER CONSTRUCTION ................................... 176 H. ALLOWABLE USES WITHIN PRESERVE AREAS ....................... 176 3.9.7.2 INSPECTIONS AND MAINTENANCE ......................................................... 1 3.9.7.3 REQUIRED SETBACKS TO PRESERVES ...................................................1 TAL/t532626.5 1 5 AGENi)A ITEM No. FEB 1 1 200 3.9.7.4 EXEMPTIONS ................................................................................................... 177 3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS .............. 177 3.9.8.1 VEGETATION PROTECTION STANDARDS ............................................. 177 A. GENERAL ................................................................................................ 177 B. FILLING AND CONSTRUCTION DEBRIS ...................................... 177 C. ATTACHMENTS ................................................................................... 177 D. EXCAVATION ....................................................................................... 177 E. PROTECTIVE BARRIERS & SIGNAGE .......................................... 178 1. INSTALLATION OF PROTECTIVE BARRIERS AND SIGNAGE .......................................................................... 178 2. APPLICANT'S REPRESENTATIVE REQUIRED ............... 178 3.9.8.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF PROTECTED VEGETATION ......................................................................... 178 A. STANDARDS ......................................................................................... 178 B. VEGETATION RELOCATION PLAN .............................................. 180 C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT .............. 180 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS .............................................. 180 A. MANAGEMENT PLAN REQUIRED ..................................................180 B. ON-SITE INSPECTIONS ..................................................................... 181 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION .................................................................................................. 185 3.9.9.1.GENERAL .......................................................................................................... 185 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN ...................................... 186 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON SINGLE-FAMILY AND TWO-FAMILY LOTS .................................... 186 3.9.10. REQUIRED PERMITS AND NOTICES ........................................................ 186 3.9.10.1. VEGETATION REMOVAL PERMIT ........................................................ 186 A. OTHER PERMITS REQUIRED .......................................................... 186 B. APPLICATION CONTENTS ............................................................... 186 C. REVIEW PROCEDURES .................................................................... 188 1. ISSUANCE OF PERMIT .......................................................... 188 2. DENIAL OF PERMIT .............................................................. 1 ~6 3. PERMIT FEES ........................................................................... 1 38 16 TALg532626.5 FE9 1 1 200 3.9.12 3.9.13 D. VEGETATION REMOVAL PERMIT EXCEPTIONS ..................... 188 3.9.10.2.AGRICULTURAL LAND CLEARING ........................................................ 190 A. LAND CLEARING PERMIT ............................................................... 190 1. APPLICATION ........................................................................... 190 2. DETERMINATION OF COMPLETENESS ........................... 192 3. CRITERIA FOR REVIEW OF APPLICATION .................... 192 4. ISSUANCE OF PERMIT ........................................................... 193 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT ................................................................ 193 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT ...................................................................................... 193 B. LAND CLEARING NOTICE ................................................................ 194 3.9.11. ENFORCEMENT 196 3.9.11.1 PENALITIES ................................................................................................... 196 A. FINES ...................................................................................................... 196 B. RESTORATION STANDARDS .......................................................... 197 3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS .................................................................................................... 198 A. MITIGATION ........................................................................................ 198 B. REQUIREMENTS FOR A MITIGATION PLAN ............................. 199 C. SITE-SPECIFIC REVIEW CRITERIA .............................................. 199 D. COUNTY REVIEW OF MITIGATION PLAN ................................. 200 E. MONITORING AND REPLANTING ................................................. 200 F. DONATION OF LAND OR FUNDS ................................................... 201 APPEAL OF ENFORCEMENT ...................................................................... 201 SUSPENSION OF PERMIT REQUIREMENT ............................................. 201 TAB M DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION ............................................................................................................. 203 3.11.1 GENERAL ........................................................................................................... 203 3.11.1.1 TITLE AND CITATION ............ 3.11.1.2 PURPOSE ........................................................................................................ : D4 TAldt532626.5 17 AGENOA IT~ No. FEB 1 I, 200 3.11.1.3 APPLICABILITY AND EXEMPTIONS ..................................................... 204 A. GENERAL APPLICABILITY .............................................................. 204 B. EXEMPTIONS ....................................................................................... 203 3.11.2 EIS AND MANAGEMENT PLANS ................................................................. 204 3.11.2.1 EXEMPTION .................................................................................................. 204 3.11.2.2 ElS .................................................................................................................... 204 3.11.2.3 MANAGEMENT PLANS .............................................................................. 204 A. GENERAL REQUIREMENTS ............................................................. 205 B. REFERENCES ....................................................................................... 205 3.11.3 PROTECTIVE MEASURES ............................................................................ 205 3.11.3.1 GENERAL ....................................................................................................... 205 3.11.3.2 SPECIES SPECIFIC REQUIREMENTS .................................................... 206 A. GOPHER TORTOISE ........................................................................... 206 B. FLORIDA SCRUB JAY ........................................................................ 208 C. BALD EAGLE ........................................................................................ 209 D. RED-COCKADED WOODPECKER .................................................. 209 E. FLORIDA BLACK BEAR .................................................................... 209 F. PANTHER ............................................................................................... 209 G. WEST INDIAN MANATEE .................................................................. 209 H. LOGGERHEAD AND OTHER LISTED SEA TURTLES ................ 209 3.11.3 PENALTIES ........................................................................................................ 209 TAB N 6.2 ABBREVIATIONS ............................................................................................ 212 EIS ................................................................................................................................... 212 NBMO ............................................................................................................................. 212 NRPA .............................................................................................................................. 212 RFMU .............................................................................................................................. 212 RLSA ............................................................................................................................... 212 TDR ................................................................................................................................. 212 6.3 DEFINITIONS ................................................................................................... 212 ADVERSE IMPACTS ................................................................................................... 212 TAL#532626.5 18 FEB 2004 BONUS CREDIT ........................................................................................................... 213 CIVIC AND INSTITUTIONAL BUILDINGS ........................................................... 213 CLUSTER DEVELOPMENT ...................................................................................... 213 CON DISTRICT ............................................................................................................ 214 DENSITY BLENDING ................................................................................................. 214 DEVELOPMENT AND PRODUCTION, OIL AND GAS FIELD ........................... 214 ENVIRONMENTAL IMPACT STATEMENT .......................................................... 214 ESSENTIAL SERVICES .............................................................................................. 214 EXPLORATION, OIL AND GAS ................................................................................ 215 FL OWWAY .................................................................................................................... 215 GREENBELT ................................................................................................................. 215 HOUSING, AFFORDABLE ......................................................................................... 215 HOUSING, WORKFORCE .......................................................................................... 216 NATIVE VEGETATION .............................................................................................. 216 NATURAL RESERVATION ....................................................................................... 216 NATURAL WATERBODY .......................................................................................... 216 NEIGHBORHOOD CENTER ...................................................................................... 217 NEUTRAL LANDS ....................................................................................................... 217 NBMO ............................................................................................................................. 217 OIL EXTRACTION AND RELATED PROCESSING ............................................. 217 OPEN SPACE ................................................................................................................ 217 OPEN SPACE, COMMON ........................................................................................... 218 OPEN SPACE, USABLE .............................................................................................. 218 PATHWAY ..................................................................................................................... 218 RFMU DISTRICT ......................................................................................................... 218 RFMU RECEIVING LANDS ....................................................................................... 218 RFMU SENDING LANDS ............................................................................................ 218 RURAL VILLAGE ........................................................................................................ 219 TDR CREDIT ................................................................................................................. 219 TRANSFER OF DEVELOPMENT RIGHTS ............................................................ 219 VEGETATION, CATEGORY I INVASIVE EXOTIC ............................................. 219 VEGETATION, CATEGORY II INVASIVE EXOTIC .......................................... VEGETATION, EXOTIC ........................................................................................... T AL#532626.5 1 9 AC~NDA IT'll- .... 219No. , ...... VEGETATION, NATIVE ............................................................................................. 220 VEGETATION, NATURALIZED ............................................................................... 220 VEGETATION, PROHIBITED EXOTIC .................................................................. 220 VILLAGE CENTER ..................................................................................................... 220 WETLANDS ................................................................................................................... 220 WETLAND FUNCTION ............................................................................................... 220 TAL~532626.5 20 AGEI~A ITEM FE~. 112004 TAB A SECTION 2.2.2~ RURAL FRINGE MIXED USE DISTRICT TAL#532626.5 21 2.2.2V2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2V2.1 PURPOSE AND SCOPE A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT B. EXEMPTONS C. ORDINANCE SUPERCEDED 2.2.2.V2.2 RFMU RECEIVING LANDS A. OUTSIDE RURAL VILLAGES 1. NBMO EXEMPTION 2. MAXIMUM DENSITY a. BASE DENSITY b. ADDITIONAL DENSITY (!) TDRS (a) CLUSTERING REQUIRED (b) MINIMUM PROJECT SIZE (c) EMERGENCY PREPAREDNESS (2) ADDITIONAL DENSITY 3. ALLOWABLE USES a. USES PERMITTED AS OF RIGHT b. ACCESSORY USES c. CONDITIONAL USES 4. DESIGN STANDARDS a. DEVELOPMENT NOT UTILIZING CLUSTERING TAL~532626.5 bo (1) (2) (3) MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM YARD REQUIREMENTS CLUSTERED DEVELOPMENT (1) LOT AREAS AND WIDTHS (a) SINGLE-FAMILY (b) MULTI-FAMILY (2) MINIMUM YARD REQUIREMENTS (a) SINGLE FAMILY (b) MULTI-FAMILY (3) HEIGHT LIMITATIONS 22 AGENDA ITF_M No. FEB ll 200 2.2.2½.3. A. TAL~532626.5 (a) PRINCIPAL STRUCTURES (b) ACCESSORY STRUCTURES (4) MINIMUM FLOOR SPACE (a) SINGLE FAMILY (b) MULTI-FAMILY c. PARKING d. LANDSCAPING e. SIGNS 5. NATIVE VEGETATION RETENTION 6. USABLE OPEN SPACE RURAL VILLAGES 1. ALLOWABLE USES 2. MIX OF NEIGHBORHOOD TYPES a. ALLOCATION OF LAND USES b. ACREAGE LIMITATIONS 3. DENSITY a. BASE DENSITY b. MINIMUM DENSITY c. MAXIMUM DENSITY 4. OTHER DESIGN STANDARDS TRANSPORTATION SYSTEM DESIGN o 6. 7. 8. ao LOCATIONAL RESTRICTIONS AND STANDARDS SIZE ADDITIONAL VILLAGE DESIGN CRITERIA NATIVE VEGETATION GREENBELT OPEN SPACE PROCESS FOR APPROVAL OF A RURAL VILLAGE a. EIS b. DEMONSTRATION OF FISCAL NEUTRALITY NEUTRAL LANDS ALLOWABLE USES 1. USES PERMITTED AS OF RIGHT 23 AGENDA ITEM No. FE 3 1 1 200 5/ Bo Co 2. ACCESSORY USES 3. CONDITIONAL USES DENSITY 1. MAXIM GROSS DENSITY 2. RESIDENTIAL CLUSTERING DIMENSIONAL AND DESIGN STANDARDS 1. DEVELOPMENT THAT IS NOT CLUSTERED a. MINIMUM LOT AREA b. MINIMUM LOT WIDTH c. MINIMUM YARD REQUIREMENTS 2. DEVELOPMENT THAT IS CLUSTERED 4. 5. 6. 7. a. MINIMUM LOT AREA b. MAXIMUM LOT AREA c. MINIMUM LOT WIDTH d. MAXIMUM LOT WIDTH HEIGHT LIMITATIONS FLOOR AREA PARKING LANDSCAPING SIGNS D. NATIVE VEGETATION RETENTION E. USABLE OPEN SPACE 2.2.2½.4. RFMU SENDING LANDS A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. USES PERMITTED AS OF RIGHT 2. ACCESSORY USES 3. CONDITIONAL USES B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. USES PERMITTED AS OF RIGHT 2. CONDITIONAL USES C. DENSITY D. NATIVE VEGETATION E. OTHER DEMENSIONAL DESIGN STANDARDS TAL#532626.5 24 AGENDA ITEM No. FEB 1 1 200 1. LOT AREA AND WIDTH 2. PARKING 3. LANDSCAPING 4. SIGNS 2.2.2½. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT) 2.2.2½.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU District. The innovative planning and development techniques which are required and/or encouraged within the RFMU District were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. A. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element (FLUE) of the GMP, the RFMU District, to be designated as "RFMUO" on the Official Zoning Atlas, is hereby established. The lands included in the RFMU District and to which the Section 2.2.2½ apply are depicted by the following map: [MAP GRAPHIC: RFMU District] B. EXEMPTONS. The requirements of Section 2.2.2½ shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMU District as long as they do not result in an increase in development density or intensity. ORDINANCE SUPERCEDED. superceded. Any development in TAL~532626.5 25 Ordinance Number 98-17 is hereby e the area formerly subject to that ordinan FEB 1 1 200 henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU District. 2.2.2¼.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the RFMU District that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU Sending Lands. Based on the evaluation of available data, RFMU Receiving Lands have a lesser degree of environmental or listed species habitat value than RFMU Sending Lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU Receiving Lands and away from RFMU Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph 2.2.2½.1 above, or as more specifically provided in an applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subject to the provisions of Section 2.2.31. 2. Maximum Density. a. Base Density. The base residential density allowable within RFMU Receiving Lands, exclusive of the applicable Density Blending provisions set forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units per acre) or, for those legal nonconforming lots or parcels in existence as of June 22, 1999, one (1) unit per lot or parcel. b. Additional Density. (1) TDRS. Outside of Rural Villages, thc maximum density achievable in RFMU Receiving Lands through the TDR process is one (1) dwelling unit per acre. (a) Clustering Required. Where the transfer of development rights is employed to increase residential density within RFMU Receiving Lands, such residential development shall be clustered in accordance with the following provisions: i. Central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in RFMU Receiving Lands, interim private water and sewer facilities may be approved. ii. The maximum lot size allowable for a single-family detached dwelling unit is one acre. iii. The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to TALg532626.5 adjacent natural reservations or preservation areas on adjacen developments; and, creation, maintenance or enhancement of corridors. 26 FEB 1 ! 200q 0 TAL#532626.5 Co) Minimum Project Size. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. (c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event any development approved under the provisions of this section shall demonstrate that adequate emergency preparedness and disaster prevention measures have been taken by, at a minimum: i. Designing community facilities, schools, or other public buildings to serve as storm shelters if located outside of areas that may experience inundation during a Category 1 or worse storm event. While the need to utilize such shelters will be determined on a case-by-case basis, areas which are susceptible to inundation during such storm events are identified on the Sea, Lake, and Overland Surge from Hurricane (SLOSH) Map for Collier County. ii. Evaluating impacts on evacuation routes, if any, and working with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry, Collier County Emergency Management staff, and the managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan shall address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the rationale for prescribed burning on adjacent or nearby lands. (2) Additional Density. Once the maximum density is achieved through the use of TDRs, additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for the preservation of additional native vegetation as set forth in Section 3.9.4.5.A. (b) A density bonus of 0.1 units per acre shall be allowed for projects that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. Allowable Uses a. Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: (1) 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 rais~nll, and aquaculture for native species subject to the State of Florida Gar te an~C, trnOArrr, j~---" No. 27 FEs 1 1-200 (2) (3) (4) Freshwater Fish Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (a) Fighting or baiting any animal by the owner of such facility or any other person or entity. (b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. Multi-family residential structures, if clustering is employed. Rural Villages, subject to the provisions set forth under Section 2.2.2½.2.B below. (5) (6) Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. Family Care Facilities: 1 unit per 5 acres and subject to Section 2.6.26.1.1 of this Code. TAL~532626.5 (7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile home: 11 dwelling units per acre; (b) Multifamily/dormitory: 22 dwelling units/beds per acre. (9) Sporting and Recreational camps not to exceed 1 cabin/lodging unit per 5 gross acres. (10) Those Essential services identified as permitted uses in Section 2.6.9.1.A and in accordance with the provisions, conditions and limitations set forth therein. (11)Golf courses or driving ranges, subject to the following standards: (a) The minimum density shall be as follows: i. For golf course projects utilizing Density Blending Provisions set forth in the Density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii. For golf course projects not utilizing Density Blending Provisions, including freestanding golf courses: the minimum density shall be one (1) dwelling unit per five (5) gross acres, and one additional dwelling unit per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, ~eens, and lakes, but excluding any area dedicated as conservation, wh eh is pon- irrigated and retained in a natural state. The additional requiJ ,'d defif~jOA w'rr~ TAL#532626.5 for such golf course development shall be achieved by acquiring TDRs from Sending Lands. (b) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. (c) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. (d) To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: i. The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to control various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; v. The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality ensure water conservation, golf courses shall incorporate the following in their design and operation: i. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. ii. Golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies to the extent that a sufficient amount of such water is available and the piping or other conveyance necessary for delivery of such water exists at a location abutting the golf course property boundary or within 50 feet of such boundary and accessible via existing rights of way or eas ~en~ (e) To 29 TAL~532626.5 iii. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. (f') Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (g) Site preservation and native vegetation retention requirements shall be those set forth in Section 3.9.4 of this Code. (12)Public and private schools, subject to the following criteria: (a) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (b) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (c) The site shall be subject to all applicable State or Federal regulations. (13) Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. b. Accessory Uses. 30 AGENDA ITE~ FEB 11 TAL~532626.5 1. Accessory uses as set forth in Section 2.2.2.2.2 of this Code. 2. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in the RFMU District. 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. Conditional Uses. The following uses are permissible as conditional uses subject to the standards and procedures established in division 2.7.4 (1) Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County eil ~d -~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. (2) Group care facilities and other care housing facilities, other than family care facilities, subject to a maximum floor area ratio of 0.45. (3) Zoos, aquariums, and botanical gardens, and similar uses. (4) Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Community facilities, such as, places of worship, childcare facilities, cemeteries, and social and fraternal organizations. (6)Travel trailer recreation vehicle parks, subject to the following criteria: (a) the site is adjacent to an existing travel trailer recreational vehicle site; and (b)the site is no greater than 100% of the size of the existing site. (7) Those Essential Services identified in 2.6.9.2.A and C. 31 ;d. iacent park FEB 1 1 200 TAL#532626.5 (8) In RFMU Receiving Lands other than those within the NBMO, asphalt and concrete batch-making plants. (9) In RFMU Receiving Lands other than those within the NBMO, earth mining and extraction. Design Standards a. Development Not Utilizing Clustering. (1) Minimum lot area: 5 Acres. (2) Minimum lot width: 165 Feet. (3) Minimum yard requirements: (a) Front Yard: 50 feet (b) Side Yard: 30 feet (c) Rear Yard: 50 feet (d) Nonconforming lots in existence as of June 22, 1999: i.. Front Yard: 40 feet. ii. Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. iii. Rear Yard: 50 feet. b. Clustered Development. (1) Lot areas and widths. (a) Single-family i. Minimum Lot Area: 4,500 square feet. ii. Maximum Lot Area: One Acre. iii. Minimum Lot Width: Interior lots 40 feet. iv. Maximum Lot Width: 150 feet. (b)Multi-family i. Minimum Lot Area: One Acre. ii. Maximum Lot Area: None. iii. Minimum Lot Width: 150 feet. iv. Maximum Lot Width: None. (2) Minimum yard requirements. (a) Single-family. Each single-family lot or parcel minimum yard requirement shall be established within an approved PUD, or shall comply with the following standards: i. Front: 20 feet (Note Front Yard Set back may be reduced to 10 feet - where parking for the unit is accessed via a rear ally. - 32 FEB 1 1,200q. e TAL#532626.5 Co Native Vegetation Retention. Usable Open Space. ii. Side: 6 feet iii. Rear: 15 feet iv. Accessory: Per Section 2.6.2 (b) Multi-family. For each multi-family lot or parcel minimum yard shall be established within an approved PUD, or shall comply with the following standards: i. Setback from Arterial or Collector roadway(s): no multi-family dwelling may be located closer than 200 feet to a roadway classified or defined as an arterial roadway or 100 feet from any roadway classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multi-family Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory: Per Section 2.6.2 (3) Height limitations. (a) Principal structures. i. Single Family: 35 feet. ii. Multi-family: Five Stories not to exceed 60 feet. iii. Other structures: 35 feet except for golf course/community clubhouses, which may be 50 feet in height. (b)Accessory structures. A-eeesso~ 20 feet, except for screen enclosures, which may be the same height as the principal structure. (4) Minimum floor space. (a) Single Family: 800 square feet (b) Multi-family: i. Efficiency: 450 Square feet ii. One Bedroom: 600 square feet iii. Two or More Bedrooms: 800 square feet Parking. As required in Division 2.3 of this Code. Landscaping. As required in division 2.4. of this Code. Signs. As required in division 2.5. of this Code. As required in Section 3.9.4.3. of this Code. 33 A~A I'!"~ No. FEB 1 I 2OOZ 0 a. Projects of 40 or more acres in size shall provide a minimum of 70% usable open space. b. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. c. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may be approved within the boundaries of RFMU Receiving Lands, subject to the following: 1. Allowable Uses. a. All permitted uses identified in Section 2.2.2½.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses 1 through 5, and 7 identified in Section 2.2.2½.2.A.3.c., when specifically identified in, and approved as part of a Rural Village PUD. c. All permitted and accessory uses listed in the C-4 General Commercial District, Section 2.2.15.2, subject to the design guidelines and development standards set forth in this Section. TAL~532626.5 Research and Technology Parks, with a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage, subject to the design guidelines and development standards set forth herein, the applicable standards contained in Section 2.2.20.4.8. Research and technology park planned unit development district guidelines and development standards, and further subject to the following: (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non-target industry uses of the type identified in paragraph (3) below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph (7) below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of Rural Village PUD rezoning. The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, health technology industry and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD-ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office ~auc~ ~i~A t~ connection with on-site research; development testing and related ~._ (2) TAL#532626.5 manufacturing; general administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. (3) Non-target industry uses may include hotels at a density consistent with the provisions in Section 2.2.15.4.7. and those uses in the C-1 through C-3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care centers, restaurants and corporate and government offices. (4) The Rural Village PUD shall include standards for the development of individual building parcels within the park and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management, all to be consistent with and compatible to the other uses within the village. (5) The Research and Technology Park must be adjacent to, and have direct access via an existing or developer constructed local road to an arterial or collector roadway. The portion of the local roadway intended to provide access to the Research and Technology Park shall not be within a residential neighborhood and does not service a predominately residential area. (6) The Research and Technology Park shall be compatible with surrounding land uses. Accordingly, it shall be separated from any residentially zoned or designated land within the Rural Village by a minimum Type "C" landscape buffer, as set forth in Section 2.4.7.4 of this Code. (7) Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed-use buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry uses identified in paragraph (3) above shall not be issued prior to issuance of the first building permit for a target industry use. e. Any other use deemed by the Board of County Commissioner to be appropriate and compatible within a Rural Village. Mix of Neighborhood Types. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one-quarter mile of a Neighborhood Center. Neighborhood Centers may include small-scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the Rural Village. The Village Center shall be the primary location for commercial uses. Rural Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between Rural Villages and the low d~--:~ development, agricultural uses, and conservation lands that may surroum lhe Rffra'~l'~ iTEM 35 FEB 1 1. 200 TAL//532626.5 Village. Rural Villages shall be designed to include the following: a mixture of residential housing types; institutional and/or commercial uses; and recreational uses, all of which shall be sufficient to serve the residents of the Rural Village and the surrounding lands. In addition, except as specifically provided otherwise for Rural Villages within the NBMO, the following criteria and conditions shall apply to all Rural Villages. Allocation of Land Uses. Specific allocations for land uses including residential, commercial and other non-residential uses within Rural Villages, shall include, but arc not limited to: (1) A mixture of housing types, including attached and/or detached single family, as well as multi-family shall be provided within a Rural Village. A minimum of 0.2 units per acre in a Rural Village shall be Affordable Housing, of which at least 0.1 units per acre shall be Workforce Housing. The Rural Village shall be designed so as to disperse the Affordable and Workforce Housing units throughout the Village rather than concentrate them in a single location. (2) A mixture of recreational uses, including parks and village greens. (3) Civic, community, and other institutional uses. (4) A mixture of lot sizes, with a design that includes more compact development and attached dwelling units within neighborhood centers and the Village Center, and reduced net densities and increasingly larger lot sizes for detached residential dwellings generally occurring as development extends outward from the Village Center. (5) A mixture of retail, office, and services uses. (6) If requested by the Collier County School Board during the PUD and/or DRI review process, school sites shall be provided and shall be located to serve a maximum number of residential dwelling units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; Co) A credit toward any applicable school impacts fees shall be provided based upon an independent evaluation/appraisal of the value of the land and/or improvements provided by the developer; and (c) Schools shall be located in order to minimize busing of students and to co- locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens and civic areas. (7) Within the NBM Overlay, elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. Acreage Limitations. (1) Rural Villages shall be a minimum of 300 acres and a maximum acres, exclusive of the required green belt, with exception that the 36 2004 size of a Rural Village within those RFMU Receiving Lands south of the Belle Meade NRPA shall not exceed 2,500 acres. (2) Neighborhood Center - 0.5% of the total Rural Village acreage, not to exceed 10 acres, within each Neighborhood Center. (3) Neighborhood Center Commercial - Not to exceed 40% of the Neighborhood Center acreage and 8,500 square feet of gross leasable floor area per acre. (4) Village Center - Not to exceed 10% of the total Rural Village acreage. (5) Village Center commercial - Not to exceed 30% of the Village Center acreage and 10,000 square feet of gross leasable floor area per acre. (6) Research and Technology Parks limited to a minimum size of 19 acres and a maximum size of 4% of the total Rural Village acreage. (7) Civic Uses and Public Parks - Minimum of 15% of the total Rural Village acreage. Density. A Rural Village shall have a minimum density of 2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO Rural Village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the Rural Village, and the land area designated as a greenbelt surrounding the Rural Village, is granted by right for allocation within the designated Rural Village. b. Minimum Density. For each TDR Credit for use in a Rural Village, one Bonus Credit shall be granted, up to the minimum gross density of 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. c. Maximum Density. A developer may achieve a density exceeding the minimum required density, up to a maximum of 3.0 units per acre, through the following means: TAL#532626.5 (1) TDR Credits; (2) An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Section 3.9.4.5.B; (3) An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in 3.9.5.3.B.2; and/or (4) An additional density bonus of 0.5 units per acre for each Affordable or Workforce Housing unit. Other Design Standards a. TransPortation System Design. (1) The Rural Village shall be designed with a formal street la, aut. using primarily a grid design and incorporating village greens, square and,~7~0~A uses as focal points, no._ 37 FEB ] 1-200 TALg532626.5 (2) Each Rural Village shall be served by a binary road system that is accessible by the public and shall not be gated. The road system within the Rural Village shall be designed to meet County standards and shall be dedicated to the public. (3) A Rural Village shall not be split by an arterial roadway. (4) Interconnection between the Rural Village and adjacent developments shall be required. (5) Neighborhoods, Neighborhood Centers, and the Village Center shall be connected through local and collector streets and shall incorporate traffic calming techniques as may be appropriate to discourage high-speed traffic. (6) Public transit and school bus stops shall be co-located, where practicable. (7) Pedestrian paths and bikeways shall be designed so as to provide access and interconnectivity. b. Location Restrictions and Standards. (1) In locating both schools and housing units within the Rural Village, consideration shall be given to minimizing busing needs within the community. (2) A Rural Village shall not be located any closer than 3.0 miles from another Rural Village. (3) No more than one Rural Village may be located in each of the distinct RFMU District Receiving Areas depicted on the FLUM and on the Official Collier County Zoning Atlas maps. (4) A Rural Village shall have direct access to a roadway classified by Collier County as an arterial or collector roadway. Alternatively, access to the Rural Village may be via a new collector roadway directly accessing an existing arterial, the cost of which shall be borne entirely by the developer. (5) A Rural Village shall be located where other public infrastructure, such as potable water and sewer facilities, already exist or are planned. Size Limitations. Rural Villages shall be a minimum of 300 acres and a maximum of 1,500 acres, except within RFMU Receiving Lands south of the Belle Meade NRPA where the maximum size may not exceed 2,500 acres. This required Rural Village size is exclusive of the required Greenbelt area set forth in Section 2.2.2½.2.B.6. Additional Village Design Criteria. Rural Villages shall be designed in accordance with the following provisions: (1) Rural Villages shall be developed in a progressive urban to rural continuum with the greatest density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring withi~ tho. e4~e of the neighborhoods approaching the greenbelt. A~c:not, rr~ 38 FED 1 1-200 TALtt532626.5 (2) Rural Villages may include "Special Districts" in addition to the Village Center, Neighborhood Center and Neighborhoods, to accommodate uses that may require use specific design standards not otherwise provided for herein. Such Special Districts, their proposed uses, and applicable design standards shall be identified as part of the Rural Village PUD rezone process. (3) The Rural Village PUD Master Plan shall designate the location of the Village Center and each Neighborhood, Neighborhood Center and as may be applicable, Special Districts. Rural Villages shall include a Village Center and a minimum of two distinct neighborhoods, with defined Neighborhood Centers. (4) A mixture of allowable uses is encouraged to occur within buildings in the Village Center and Neighborhood Centers. (5) Transient lodging is permitted at up to 26 guest units per acre calculated on the acreage of the parcel occupied by the transient lodging and its ancillary facilities, if such parcel includes multiple uses. (6) Building heights may vary within the Village Center and Neighborhood Centers, but shall not exceed 5 stories not exceeding 65 feet with the Village Center, or 4 stories no exceeding 55 feet within the Neighborhood Center, and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The height exclusions set forth in Section 2.6.3.1 of this Code apply within a Rural Village. The height exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that: (a) 2.6.3.2.(4) requiring 300 square feet of green spaces for each parking space for which the height waiver is granted shall not apply; however, (b) For each parking space for which the height waiver is granted, an equal amount of square footage of Open Space shall be provided in excess of the minimum set forth in 2.2.2½.2.B.7. (7) The minimum lot area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and the surrounding green belt, less compact larger lot residential development may occur. (8) Within the Village Center and Neighborhood Centers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbacks - 0 to 10 feet from the tight-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet (10)Within neighborhoods outside of a Neighborhood or Village Center required yards may vary but shall be designed so as to provide for adequate light, opens space ad movement of air, and shall consider the design ot'~ttv~.rr_~- ' r ,, .... Urban to rural continuum with the greatest density, intensity md/il~yersity. 39 F£.S 1 200 .... occurring within the Village Center, to the least density, intensity and diversity occurring within the edge of the neighborhoods approaching the greenbelt. (11)Within the Village Center and Neighborhood Centers overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (12) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (13)Civic or Institutional Buildings shall be subject to the specific standards of this subsection that regulate building height, building placement, building use, parking, and signage except as deviations are deemed appropriate by the Collier County planning staffwith respect to the creation of focal points, vistas, and significant community landmarks. Specific design standards shall be provided in the Rural Village PUD document. (14)Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The PUD document shall adhere to the provisions of Division 2.8 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards. (15) Required vehicular parking and loading amounts and design criteria: (a)-The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. (c) Parking lots shall be accessed fi.om alleys, service lanes or secondary streets. TAL#532626.5 (d) Any or all of the above parking requirements may be further reduced if a shared parking plan is submitted as part of a Rural Village PUD or subsequent site development plan application. The shared parking plan shall demonstrate that the reduced parking is warranted as a result of the following: shared building and/or block use(s) where parking demands for certain uses are low when other demands are higher; a cone ...... -' ..... 40 FEB 1 1 200q residential dwelling units located within 600 feet of non-residential uses; the existence of transit for use by residents and visitors. (16)Landscaping minimums within the Village Center or within Neighborhood Centers shall be met by: (a) Providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width; (b) Planting street trees every 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (c) Plantings areas, raised planters, or planter boxes in the front of and adjacent to the buildings, where such planting areas do not interfere with pedestrian access and mobility. (d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as part of public greens, squares, parks or civic uses. (17)Signs: The PUD document shall adhere to the provisions of Division 2.5 of this Code; however, deviations may be requested where such deviations are shown to further these Rural Village design standards by providing for pedestrian scale signage standards with Neighborhood Centers or the Village Center. Native Vegetation. Native vegetation shall be preserved as set forth in 3.9.4.3.A. Greenbelt. Except within the NBMO Rural Village, a Greenbelt averaging a minimum of 500 feet in width, but not less than 300 feet in width, shall be required at the perimeter of the Rural Village. The Greenbelt is required to ensure a permanently undeveloped edge surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall conform to the following: a. Greenbelts may only be designated on RFMU Receiving Lands. b. The allowable residential density shall be shifted from the designated Greenbelt to the Rural Village. c. The Greenbelt may be concentrated to a greater degree in areas where it is necessary to protect listed species habitat, including wetlands and uplands, provide for a buffer from adjacent natural reservations, or provide for wellfield or aquifer protection. However, at no location shall the Greenbelt be less than 300 feet in width. TAL#532626.5 do Golf courses and existing agriculture operations are permitted within the Greenbelt, subject to the vegetation retention standards set forth in Section 3.9.4.3.A. However, golf course turf areas shall only be located within 100 feet of the Greenbelt boundaries (interior and exterior boundary); further, these turf areas shall only be located in previously cleared or disturbed areas. Open Space. Within the Rural Village, a minimum of 70% of Open Space sl provided, inclusive of the Greenbelt. 41 No. go Process for Approval of a Rural Village. Applications for approval shall be submitted in thc form of a Planned Unit Development (PUD) rezone utilizing the standard form(s) developed by Collier County, and subject to the Fees established for a PUD rezone application. Where applicable, the Rural Village PUD application will be submitted in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may sup,re,de the DRI process. The applicant shall notify the owner(s) of subsurface mineral rights to thc property within thc boundaries of the proposed Rural Village prior to approval of the PUD. The Application for Rural Village PUD approval shall demonstrate general compliance with thc provisions of Section 2.2.20 and shall include the following additional submittal requirements: a. ElS. An environmental impact statement for the Rural Village and surrounding Greenbelt area shall be submitted an accordance with the requirements of Section 3.8 of this Code be (3) (4) (5) (6) (7) 2.2.2~.3. NEUTRAL residential development. Available data indicates that Neutral Lands have a high~ native vegetation, and thus higher habitat values, than lands designated as RFMI Demonstration of Fiscal Neutrality. An analysis that demonstrates that the Rural Village will be fiscally neutral to county taxpayers outside of the Rural Village. This analysis shall evaluate the demand and impacts on levels of service for public facilities and the cost of such facilities and services necessary to serve the Rural Village. In addition, this evaluation shall identify projected revenue sources for services and any capital improvements that may be necessary to support thc Rural Village. In conclusion, this analysis shall indicate what provisions and/or commitments will be to ensure that the provision of necessary facilities and services will be fiscally neutral to County taxpayers outside of the Rural Village. At a minimum, the analysis shall consider the following: (1) Stormwater/drainage facilities; (2) Potable water provisions and facilities; Reuse or "Grey" water provisions for irrigation; Central sewer provisions and facilities; Law enforcement facilities; School facilities; Roads, transit, bicycle and pedestrian facilities and pathways; (a) Solid Waste facilities. (b) Development phasing and funding mechanisms to address any impacts to level of service in accordance with the County's adopted concurrency management program to ensure that there will be no degradation to the adopted level of service for public facilities and infrastructure identified in (1) through (7) above. LANDS. Neutral Lands have been identified for limited semi-rural Recet l ^ No. TAL#532626.5 42 FEB 1 1'200 TAL~532626.5 Lands, but these values do not approach those of RFMU Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat. Within Neutral Lands, the following standards shall apply: A. ALLOWABLE USES. The following uses are permitted as of right: 1. Uses Permitted as of Right. a. 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 Fish and Wildlife Conservation Commission. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: (1) Fighting or baiting any animal by the owner of such facility or any other person or entity. (2) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. (3) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. b. Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. c. Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. d. Group housing uses subject to the following density/intensity limitations: e. Family Care Facilities: 1 unit per 5 acres; f. Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. g. Staff housing as may be incidental to, and in support of, safety service facilities and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/mobile home: 11 dwelling units per acre; (2) Multifamily/dormitory: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed 1 cabin/lodging unit per 5 gross acres. j. Those Essential Services identified in Section 2.6.9.1.A. k. Golf courses or driving ranges, subject to the following standards: (1) Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. ~lo. 43 TAL#532626.5 (2) (3) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (a) The use of slow release nitrogen sources; (b) The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; (c) The use of an integrated pest management program using both biological and chemical agents to control various pests; (d) The coordination of pesticide applications with the timing and application of irrigation water; (e) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. ensure water conservation, golf courses shall incorporate the following in their design and operation: (a) Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. (b)As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 1.4 and its policies. (c)Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. Stormwater management ponds shall be designed to mimic the functions of natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. (4) To (5) (6) Site preservation and native vegetation retention requirements same as those set forth in the RFMU District criteria. Site preser 44 ~atiOt~o.ar_eas are intended to provide habitat functions and shall meet minimum dimensions as set forth in the Land Development Code. These standards shall be established within one year. 1. Public and private schools, subject to the following criteria: (1) Site area and school size shall be subject to the General Educational Facilities Report submitted annually by the Collier County School Board to the Board of County Commissioners. (2) The Site must comply with the State Requirements for Educational Facilities adopted by the State Board of Education. (3) The site shall be subject to all applicable State or Federal regulations. Oil and gas exploration, subject to state drilling permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County oil an~ gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Accessory Uses. The following uses are permitted as accessory to uses permitted as of right or to approved conditional uses: a. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.3.2 above. b. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed, and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to clubhouse, community center building, tennis facilities, playgrounds and playfields. Conditional Uses. The following uses are permissible as conditional uses subject to mo e TALg532626.5 the standards and procedures established in division 2.7.4 Zoo, aquarium, botanical garden, or other similar uses. Community facilities, such as, places of worship, childcare facilities, social and fraternal organizations. 45 ~eteri~ranDA IT~ FEB 11 200 7.3 c. Sports instructional schools and camps. d. Those Essential Services identified in 2.6.9.2.A and C. e. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County,,..^~ ~...~'~ ~,-~"~ environmental pennitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. f. Earth mining and extraction and related processing. B. DENSITY 1. Maximum Gross Density. The maximum gross density in Neutral Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling units per acre), except that the maximum gross density for those legal nonconforming lots or parcels in existence as of June 22, 1999, shall be one dwelling unit per lot or parcel. 2. Residential Clustering. Clustering of residential development is allowed and encouraged. Where clustered development is employed, it shall be in accordance'with the following provisions: a. If within the boundaries of the Rural Transition Water and Sewer District, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub- elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Neutral Lands, interim private water and sewer facilities may be approved. b. The clustered development shall be located on the site so as to provide to the TAI_g532626.5 greatest degree practicable: (1) protection for listed species habitat; (2) preservation of the highest quality native vegetation; (3) connectivity to adjacent natural reservations or preservation ar, developments; and 46 FEB 11 200 t (4) creation, maintenance or enhancement of wildlife corridors. c. The minimum project size shall be at least 40 acres. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design Standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Neutral Lands, except for development utilizing the residential clustering provisions in paragraph 2.2.2½.3.B.2. above. In the case of such clustered development, the following dimensional standards shall apply to all permitted housing structure types, accessory, and conditional uses: 1. Development that is Not Clustered. a. Minimum lot area: 5 Acres. b. Minimum Lot Width: 165 Feet. c. Minimum Yard Requirements: (1) Front Yard: 50 feet (2) Side Yard: 30 feet (3) Rear Yard: 50 feet (4) Nonconforming lots in existence as of June 22, 1999: (a) Front Yard: 40 feet. (b) Side Yard: 10 percent of lot width, not to exceed 20 feet on each side. (c) Rear Yard: 50 feet. 2. Development that is Clustered. a. Minimum Lot Area: 4,500 square feet. b. Maximum Lot Area: One Acre. c. Minimum LOt Width: Interior lots 40 feet. d. Maximum Lot Width: 150 feet. 3. Height Limitations. a. Principal: 35 feet b. Accessory: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. Golf course/community clubhouses: 50 feet Floor Area. The minimum floor area for each dwelling unit shall be 800 square feet. 5. Parking. As required in division 2.3. 6. Landscaping. As required in division 2.4. 7. Signs. As required in division 2.5. NATIVE VEGETATION RETENTION. forth in Section 3.9.4.3. 47 TAL~532626.5 Native vegetation shall be pre,, FEB 1 1 2006 E. USABLE OPEN SPACE. 1. Usable Open~. t~ ,--. -. .e .... Projects of 40 acres or more in size shall provide a minimum of 70% usable open space. 2. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and landscape areas. 3. Open water beyond the perimeter of the site, street fight-of-way, except where dedicated or donated for public uses, driveways, off-street parking and loading areas, shall not be counted towards required Usable Open Space. 2.2.2½.4. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU Sending Lands are the principal target for preservation and conservation. Density may be transferred from RFMU Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are also RFMU Sending Lands. With the exception of specific provisions applicable only to NBMO Neutral Lands, the following standards shall apply within all RFMU Sending Lands: A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). b. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, c. Habitat preservation and conservation uses. d. Passive parks and other passive recreational uses. e. Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. f. Those Essential Services identified in 2.6.9.1.B. g. Oil and gas exploration, subject to state drilling permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County ^;~v,, ~.~"~'~ ~,,...""~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those arc a:, ';~t,C.,EJ~A Collier County outside the boundary of the Big Cypress Watershed, th, app~ant 48 FEB 1 1 200t TALg532626.5 TALg532626.5 shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 2. Accessory Uses. Accessory Uses and structures that are accessory and incidental to uses permitted as of right in Section 2.2.2½.A. 1 above. 3. Conditional Uses. a. Those Essential services identified in Section 2.6.9.2.B. b. Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. c. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County,,..^;~ ~,-~'~ r:,,-~"'~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005 (2)(a)(1) through (12), F.A.C. d. Commercial uses accessory to permitted uses 1.a, 1 .c. and 1 .d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED 1. Uses Permitted as of Right a. Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management fac: extent and intensity that such operations exist at the date of an) development rights. 49 lities, to the transqE~g~t~ No. FEB 1 1 200 b. Cattle grazing on unimproved pasture where no clearing is required; c. Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. d. One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development fights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: (1) the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; (2) a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or (3) an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. e. Habitat preservation and conservation uses. f. Passive parks and passive recreational uses. g. Those Essential Services identified in 2.6.9.1.B. h. Oil and gas exploration, subject to state drilling permits and Collier County non- environmental site development plan review procedures. DireCtional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County,~..~:~ ,.~.,,~-'~ e,--~,"~" environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Conditional Uses Those Essential Uses identified in 2.6.9.2.B. 50 a. TALg532626.5 AGENDA ITEM No. FEB 1 1;: 200 b. Oil and gas field development and production, subject to state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County,.-^:~ ~..,.~'~ e,,.v~o environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or State oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. c. Conditional use approval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU Sending Lands: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Divisions 3.9 and 3.11. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. Ce DENSITY. 1. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: a. a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; b. a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3. TAL#532626.5 5 1 AGENI::)A I'I'EJ~ No. FEB I 1"200 E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in Section 2.2.2.4 of this Code shall apply to all development in Sending designated lands of the RFMU District, except as follows: 1. Lot Area and Width. a. Minimum Lot Area: 40 acres. b. Minimum Lot Width: 300 Feet. 2. Parking. As required in division 2.3. 3. Landscaping. As required in division 2.4. 4. Signs. As required in division 2.5. TAL#532626.5 52 TAB B SECTION 2.2.17 CONSERVATION DISTRICT TAL#532626.5 53 AGENDA ITEM No. FEBli 200~ ~.. ~/ SECTION 2.2.17 CONSERVATION DISTRICT 2.2.17 CONSERVATION DISTRICT 2.2.17.1 PURPOSE AND INTENT 2.2.17.2 ALLOWABLE USES A. USES PERMITTED AS OF RIGHT B. USES ACCESSORY TO PERMITTED USES C. CONDITIONAL USES 2.2.17.3 DESIGN CRITERIA A. DIMENSIONAL STANDARDS 1. MINIMUM LOT AREA 2. MINIMUM LOT WIDTH 3. MINIMUM YARD REQUIREMENTS 4. MAXIMUM HEIGHT B. MAXIMUM DENSITY AND INTENSITY 1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES 2. FAMILY CARE FACILITIES 3. GROUP CARE FACILITIES AND OTHER CARE FACILITIES 4. SPORTING AND RECREATIONAL CAMPS 5. STAFF HOUSING OFF-STREET PARKING LANDSCAPING SIGNS HOUSING 2.2.17. CONSERVATION DISTRICT (CON DISTRICT). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the oConservation dDistrict (CON Distric0 is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON District must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wil~'iT,~ of the Big Cypress Area of Critical State Concern, Fakahatchee-----~ltranaC'~a~ portions TAL~532626.5 54 TALg532626.5 Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON dI}_istrict to require review of all development proposed within the CON dI}_istrict to ensure that the inherent value of Collier County's natural resources is not destroyed or unacceptably altered. The CON dDistrict corresponds to and implements the conservation land use designation on the future land use map of the Collier County growth management plan. 2.2.17.2. ~ ALLOWABLE USES. The following uses are -~:"~'~ ~" ~c ~,~.+ .................. + .... :++~ ..... allowed in the CON District. 2.2.17.2.1 A. USES PERMITTED AS OF RIGHT. 1. .r~"~'~:~,.,...,,j ....... ,..._v,.'~ ~.,.-,.,-""~" On privately held land only, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and other types of housing, as may be incidental to, and in support of, conservation uses. 3. Passive parks, and other passive recreational uses, including, but not limited to: ~a. Oopen space and recreational usesq b_. ~biking, hiking, canoeing, and nature trails=; c_ r~equestrian paths:; and d_ Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Family and Group Care Facilities. 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or, on privately held lands, 7.Agricultural uses that fall within the scope of Sections 163.3162(4) and 823.14(6) Florida Statutes. ~.8_OiI and gas exploration subject to state drilling permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F.A.C. All applicable Collier County,._~;~ .._,~ ~,,.o-~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requir !m,.t~?..f:O~ ~TEM Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier Coun :y oq,.la.,..ide 55 FEB 1 12006 the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory_ Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. The following Essential Services: a. Private wells and septic tanks necessary to serve uses identified inl through 8 above. b. Utility lines necessary to serve uses identified inl through 8 above, with the exception of sewer lines. c. Sewer lines and lift stations if all of the following criteria are satisfied: (1) Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON District; (2) Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or easements; and (3) Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District d. Water pumping stations necessary to service a central water system providing service to Urban Areas and/or the Rural Transition Water and Sewer District. 2.2.17.2.2. B.~. USES ACCESSORY TO PERMITTED USES. Uses and structures that are accessory and incidental to uses permitted as of right in the CON district. 2.2. ! 7.2. C.._~. CONDITIONAL USES. The following uses are permitted as conditional uses in the ...................... CON, subject to the standards and procedures established in division 2.7.4 and further subject to: 1) submission of a plan for development as part of the required EIS that demonstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of County Commissioners, as deemed appropriate, to limit the size, location, and access to the conditional use. ~.ract .... v 2. Ckurche: and rouges cf worship. Oil and gas field development permits and Collier County non-environmental site development pl procedures. Directional-drilling and/or previously cleared or disturbed ar~ and production, subject to state field development TAL~532626.5 56 FEB11 200 , utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County '-;' "--~ ~ environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 2. Those Essential Services necegsary c^, +~ public ~c~+,, ............ , set forth in Section 2.6.9.2,B. 3. Commercial uses accessory to permitted uses A.3, A.4, and A.7 above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as limitations are imposed to ensure that the commercial use functions as a subordinate use. 4. Staff housing in conjunction with safety service facilities and essential services. 2.2.17.3 DESIGN CRITERIA. 2.2.!7/1 A.~. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2.!7.~.1. Minimum lot area. ~ Each dwelling unit, other than for staff housing and sporting and recreational camps, must be physically situated on a minimum five acre parcel except within the Big Cypress National Preserve, where each dwelling unit must be physically situated on a minimum 3 acre parcel, except for those legal nonconforming lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2. ! 7.~..2. Minimum lot width. One hundred fifty feet. 2.2. ! 7.4.3. Minimum yard requirements. -1-:a_ Front yard. 50 feet. ~..b__. Side yard. 50 feet. 3~.c_Rear yard. 50 feet. ~. Maximum height. Thirty-five feet. 2.2. ! 7.~.5. B.~. MAXIMUM DENSITY AND INTENSITY. 1. Single family dwellings and mobile homes. TAL#532626.5 57 AGENDA ITEM NO. 4-) a_ One dwelling unit for each five gross acres or one dwelling unit for each legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve. g-) b. Within the Big Cypress National Preserve, one dwelling unit per 3 gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 2002 of less than 3 acres, ..r:,~:. 2. Family Care Facilities: 1 unit per $ acres. 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. 4. Sporting and Recreational Camps: 1 lodging unit per 5 gross acres, which may be achieved through clustering. 5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through clustering. ~ C._~. OFF-STREET PARKING. As required in division 2.3. 2.2. !?.4.?. D.~. LANDSCAPING. As required in division 2.4. 2.2. ! ?.4.2 E._~. SIGNS. As required in division 2.5. TAL#532626.5 5 8 ACne, IDA ITEM FEB 1 1 200 TAB C 2.2.27 RLSA DISTRICT DESIGN STANDARDS BASELINE STANDARDS TAL#532626.5 59 AGENDA I'I'~M No. FEB 1 1200~ ~. ~7 2.2.27. RURAL LANDS STEWARDSHIP AREA (RLSA) ZONING OVERLAY DISTRICT - STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS) 2.2.27.1. PURPOSE AND INTENT 2.2.27.2. DEFINITIONS 1. ACCESSORY DWELLING UNIT 2. BASELINE STANDARDS 3. BUILDING HEIGHT 4. BUILDING HEIGHT TO STREET WIDTH RATIO 45 COMPACT RURAL DEVELOPMENT (CRD) 6. CONTEXT ZONES ~.7_ CIVIC AND INSTITUTIONAL BUILDINGS 4:.8 DESIGNATION 59. FSA FLOW WAY STEWARDSHIP AREA ~.. 10. HAMLET ~.11. HSA -- HABITAT STEWARDSHIP AREA 12. LANDMARK BUILDING 8:.13. LAND USE - LAND COVER INDICES %14. LAND USE LAYER (LAYER) 10.15. LAND USE MATRIX (MATRIX) 11.16. LISTED SPECIES HABITAT INDICES 12.17. NATURAL RESOURCE INDEX (INDEX) 13.18 NATURAL RESOURCE INDEX MAP SERIES (INDEX MAPS) 19. NATURAL RESOURCE INDEX VALUE (INDEX VALUE) 20. NEIGHBORHOOD EDGE 21. NEIGHBORHOOD GENERAL 22. NEIGHBORHOOD GOODS AND SERVICES ZONES 23. OPEN SPACE 4~. 24. PATHWAY 15.25. POST SECONDARY INSTITUTION ANCILLARY USES 16.26. PROXIMITY INDICES ! 7.27.RESTORATION POTENTIAL INDICES ! 2.28.RESTORATION ZONE TAL#532626.5 60 AC~?.NDA I'I'E]v~ No._ FEB 1!. 200 i 19.29. 20.30. 21.31. 22.32. 33. 23.34. 34:35. 25.36. 26.37. 27.38. 28.39. 39.40. 41 42 g0~43. 44. g4. 45. TOWN CORE · t-:46. VILLAGE 47. VILLAGE CENTER 22.48. WRA RLSA DISTRICT RLSA OVERLAY MAP RLSA DISTRICT REGULATIONS SOILS/SURfACE WATER INDICES SPECIAL DISTRICTS SRA SSA · -__ STEWARDSHIP CREDIT (CREDIT) STEWARDSHIP CREDIT DATABASE STEWARDSHIP CREDIT SYSTEM STEWARDSHIP CREDIT WORKSHEET STEWARDSHIP OVERLAY DESIGNATION STORY STORY, HALF TOWN TOWN CENTER 2.2.27.3 A. B. 2.2.27.4. 2.2.27.5 2.2.27.6. 2.2.27.7. A. B. C. TAL~532626.5 ESTABLISHMENT OF RSLA ZONING OVERLAY DISTRICT RLSA DISTRICT ZONING MAP ADDITIONAL LAND DESIGNATIONS WITH THE RLSA DISTRICT 1. ESTABLISHMENT OF SSA DESIGNATIONS 2. ESTABLISHMENT OF SRA DESIGNATIONS ESTABLISHMENT OF LAND USES ALLOWED IN THE RSLA DISTRICT ESTABLISHMENT OF A STEWARDSHIP CREDIT DATABASE AUTHORIZATION TO ESTABLISH A STEWARDSHIP CREDIT TRUST GENERAL CREATION OF STEWARDSHIP CREDITS/GENERAL - TRANSFER OF STEWARDSHIP CREDITS/GENERAL ALLOCATION OF STEWARDSHIP CREDITS/GENERAL 61 Do 2.2.27.8. Ao B. C. D. E. F. Go 2.2.27.9. A. TAL#532626.5 FIVE YEAR COMPREHENSIVE REVIEW LANDS WITHIN THE RLSA DISTRICT PRIOR TO SSA OR SRA DESIGNATION PRIVATE LANDS DELINEATED FSAS, HSAS, AND WRAS PRIVATE LANDS DELINEATED AS OPEN AREA OF CRITICAL STATE CONCERN (ACSC) PUBLIC OR PRIVATE CONSERVATION LANDS BASELINE STANDARDS NO INCREASE IN DENSITY OR INTENSITY IN EXCESS OF BASELINE STANDARDS LANDS WITHIN RSLA DISTRICT NOT DESIGNATED SSA OR SRA SUBJECT TO SPECIAL ENVIRONMENTAL STANDARDS SSA DESIGNATION LANDS WITHIN THE RLSA DISTRICT THAT CAN BE DESIGNATED AS SSAS 1. MAY BE WITHIN AN SRA BOUNDARY 2. FSA DELINEATED LANDS 3. HSA DELINEATED LANDS 4. WRA DELINEATED LANDS SSA CREDIT GENERATION - STEWARDSHIP CREDIT SYSTEM 1. EARLY ENTRY BONUS CREDITS 2. CREDIT WORKSHEET 3. NATURAL RESOURCE INDICES AND VALUES A. NATURAL RESOURCE INDICES B. INDEX VALUES C. SLOUGH/STRAND INDEX SCORE UPGRADE D. INDEX MAP E. RESTORATION POTENTIAL INDEX F. RESTORATION STEWARDSHIP CREDITS LAND USE LAYERS TO BE ELIMINATED A. LAND USE LAYERS B. LAND USE MATRIX 62 AGENDA ITEM No. FEB 1 l'200q Co 2.2.27.10. A. TALg532626.5 5. MATRIX CALCULATION SSA DESIGNATION APPLICATION PACKAGE 1. SSA DESIGNATION APPLICATION 2. APPLICATION FEE 3. NATURAL RESOURCE INDEX ASSESSMENT 4. SUPPORT DOCUMENTATION 5. SSA CREDIT AGREEMENT 6. PUBLIC HEARING FOR CREDIT AGREEMENT 7. RECORDING OF SSA MEMORANDUM 8. STEWARDSHIP EASEMENT AGREEMENT OR DEED SSA APPLICATION REVIEW PROCESS 1. 2. 3. 4. 5. DESIGNATION REVIEW 6. DESIGNATION REPORT SSA APPLICATION APPROVAL PROCESS 1. PUBLIC HEARING 2. LEGAL DESCRIPTION 3. UPDATE THE RLSA OVERLAY MAP AND ATLAS SSA AMENDMENTS SRA DESIGNATION LANDS WITHIN THE RI,SA DISTRICT THAT CAN BE DESIGNATED AS SRAS 1. SUITABILITY CRITERIA 2. SRAS WITHIN THE ACSC ESTABLISHMENT AND TRANSFER OF STEWARDSHIP CREDITS 2. 3. 4. PREAPPLICATION CONFERNCE WITH COUNTY STAFF APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES APPLICATION DEEMED SUFFICIENT FOR REVIEW REVIEW BY COUNTY REVIEWING AGENCIES TRANSFER OF CREDITS STEWARDSHIP CREDIT EXCHANGE PUBLIC BENEFIT USES MIXED LAND USE ENTITLEMENTS 63 OFFICIAL ZONING FEB 1 1,200 t Co Do TAL#532626.5 FORMS OF SRA DEVELOPMENTS 1. TOWNS 2. VILLAGES 3. HAMLETS 4. COMPACT RURAL DEVELOPMENTS (CRDS) a. SIZE OF CRDS LIMITED b. CRDS WITHIN THE ACSC 5. PROPORTION OF HAMLETS AND CRDS TO VILLAGES AND TOWNS 6. SPAS AS PART OF A DEVELOPMENT OF REGIONAL IMPACT (Dm) SPA DESIGNATION APPLICATION PACKAGE 1. 2. 3. 4. 6. 7. 8. 9. SPA DESIGNATION APPLICATION APPLICATION FEE NATURAL RESOURCE INDEX ASSESSMENT NATURAL RESOURCE INDEX ASSESSMENT DOCUMENTATION SPA MASTER PLAN SPA DEVELOPMENT DOCUMENT SPA PUBLIC FACILITIES IMPACT ASSESSMENT REPORT SPA ECONOMIC ASSESSMENT REPORT STEWARDSHIP CREDIT USE APPLICATION CONDITIONAL SPA DESIGNATION SPA CREDIT AGREEMENT 10. 11. SRA APPLICATION REVIEW PROCESS 1. 2. 3. 4. 5. STAFF REVIEW 6. STAFF REPORT SRA APPLICATION APPROVAL PROCESS SUPPORT RECONCILIATION PRE-APPLICATION CONFERENCE WITH COUNTY STAFF APPLICATION PACKAGE SUBMITTAL AND PROCESSING FEES APPLICATION DEEMED SUFFICIENT FOR REVIEW REVIEW BY COUNTY REVIEWING AGENCIES 64 FEB 1 1'200 TAL#532626.5 PUBLIC HEARINGS REQULRED ao bo PUBLIC HEARING BEFORE EAC, RECOMMENDATION TO THE BCC PUBLIC HEARING BEFORE THE CCPC, RECOMMENDATION TO THE BCC PUBLIC HEARING BEFORE THE BCC, RESOLUTION APPROVED 2. UPDATE STEWARDSHIP CREDITS DATABASE 3. UPDATE THE OFFICIAL ZONING ATLAS OVERLAY MAP SRA AMENDMENTS ao bo AND THE RLSA Co WAWER OF REQUIRED SRA APPLICATION PACKAGE COMPONENT(S) APPROVAL OF ADMINISTRATOR MINOR CHANGES BY THE RELATIONSHIP TO SUBDWISION OR SITE DEVELOPMENT PLAN APPROVAL MASTER PLAN 1. MASTER PLAN REQUIREMENTS 2. MASTER PLAN CONTENT DEVELOPMENT DOCUMENT DRI MASTER PLAN DESIGN CRITERIA 1. SRA CHARACTERISTICS 2. TOWN DESIGN r'~T~a rvr'cr'DrTvr~ a. GENERAL DESIGN CRITERIA b. TRANSPORTATION NETWORK c. OPEN SPACE AND PARKS CONTEXT ZONES (1) TOWN CORE (2) TOWNCENTER (3) NEIGHBORHOOD GENERAl, do (4) NEIGHBORHOOD EDGE (5) SPECIAL DISTRICT VILLAGE DESIGN CRITERIA cz, 65 AGENDA ITEM No. Lo TAL#532626.5 a. GENERAL CRITERIA b. TRANSPORTATION NETWORK c. PARKS d. CONTEXT ZONES (1) GENERAL (2) VILLAGE CENTER (3) NEIGHBORHOOD GENERAI, (4) NEIGHBORHOOD EDGE (5) SPECIAL DISTRICT 4. HAMLET DESIGN C~nT'rWnTa a. GENERAL b. OPEN SPACES AND PARKS c. CONTEXT ZONES (1) NEIGHBORHOOD GENERAI J (2) NEIGHBORHOOD EDGE 5. CRD DESIGN r-'~ TWin Ta a. GENERAL b. EXAMPLE 6. DESIGN CRITERIA COMMON TO SRAS 7. INFRASTRUCTURE REQUIRED 8. REQUESTS FOR DEVIATIONS FROM THE LDC SRA PUBLIC FACILITIES IMPACT ASSESSMENTS 1. TRANSPORTATION 2. POTABLE WATER 3. IRRIGATION WATER 4. WASTEWATER 5. SOLID WASTE 6. STORMWATER MANAGEMENT SRA ECONOMIC ASSESSMENT 1. DEMONSTRATION OF FISCAL NEUTRALITY a. COLLIER COUNTY FISCAL IMPACT MODEL b. ALTERNATIVE FISCAL IMPACT MODEL 2. MONITORING REQUIREMENT 66 FEB l l 200~ 2.2.27.11. A. B. C. D. E. F. G. 3. IMPOSITION OF SPECIAL ASSESSMENTS 4. SPECIAL DISTRICTS ENCOURAGED BASELINE STANDARDS rz> ~'e~r,~z~'n7 PURPOSE AND INTENT APPLICABILITY OF CODE ALLOWABLE USES STANDARDS APPLICABLE WITHIN THE ACSC STANDARDS APPLICABLE OUTSIDE THE ACSC GOLF COURSE STANDARDS STANDARDS APPLICABLE IN FSAS, HSAS, AND WRAS OUTSIDE THE ACSC STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS, HSAS, WRAS, AND THE ACSC 2.2.27 RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT DESIGN STANDARDS 2.2.27.1 No change. 2.2.27.2 DEFINITIONS. As used in the RLSA District Regulations, thc terms below shall have the meanings set forth below, to the exclusion of any meanings ascribed to such terms in Section 6.3: 1. Accessory, Dwelling Unit - a dwelling unit that is supplemental and subordinate to a primary dwelling on the same premises, limited to 450 900 square feet.\ Renumber 1. (Baseline Standards) to 2. 3. Building Height - Refers to the vertical extent of a building. Building height is measured in Stories. 4. Building Height to Street Width Ratio - The maximum height of the tallest building divided by the width of the street. The street width is the distance between two building facades. 5. Civic and Institutional Uses - Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Renumber 2. (Compact Rural Development) to 6. 7. Context Zone - An area that establishes the use, intensity and diversity within a Town, Village, or Hamlet. Context zones specify permitted land uses, FARs, building hei ~t~ setbacks, and other regulating elements to guide the establishment of the urban to ura! APaE~A IIEM continuum, no. TALg532626.5 67 FEB 1 Renumber 3 (Designation) through 6 (HSA) to 8 through 11. 11. Landmark Building - A prominent civic or institutional buiding that creates a significant community feature, focal point, or terminating vista. Renumber 7 (Land use - land cover indices) through 13 (Natural Resource Index Value) to 12 through 19. 20. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversity within the Town, Village or Hamlet. The zone is predominantly single family residential and recreational uses. The Neighborhood Edge may be use to provide a transition to adjoining rural land uses. 21. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. 22. Neighborhood Goods and Services Zone - Zone located within Neighborhood General. This zone is intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability. Renumber 14. (Open Space) to 23. 24. Pathway - A defined corridor for the primary use of non-motorized travel. Renumber 15. (Post Secondary Institution Ancillary Uses) through 22. (Soils/Surface Water Indices) to 25 through 32. 33. Special District - An areas dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. Renumber 23. (SRA) through 29. (Stewardship Overlay Designation) to 34. through 40. 41. Story. - That portion of a building included between a floor which is calculated as part of the building's habitable floor area and the floor or roof next above it. 42. Story~ Half- The designation of a space on the upper level of a building in which the walls at the eaves are zero to four feet. Renumber 30. (Town) to 43. 44. Town Center - A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of the Town Core, however the intensity is less as the Town Center serves as a transition to surrounding neighborhoods. 45. Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. Renumber 31 (Village) to 46. 47. Village Center - A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, ant ir~ld~Ll,~, uses. 81o., TALg532626.5 68 FI:'[~ ] Renumber 32 (WRA) to 48. 2.2.27.3. through 2.2.27.9. No change. 2.2.27.10. SRA DESIGNATION J. DESIGN CRITERIA. 1. SRA Characteristics a. SRA Characteristics Chart No change to chart. b. Streets within SRAs shall be designed in accord with the cross-sections set forth/~ Figures A, ~, and C set forth below, as more specifically provided in J.2 through J.5. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives. TAL~532626.5 69 Oz 0 70 ~ FEI~ ~'t 200 SS_30;3¥ :3"~31N33A .L;3N:IO~I3R3 blO_-I '(NIP~) 33NVaV3'1D .~, L z Z 7! AGENDA ITEM No. FEB 1 1'200~ ILl '73 AGENDA ITE]V No. F'~'E~ 1.~ 200, LIJ 0 "'r- ?4 AGENDA ITEM NO._ FEB 1 1:200~1 ~'~,W n~CDw 75 AGENDA ITEM No. F~ 1 I 76 AGENDA ITEM No. FEB 1 ! 200, / ?? r~ZD C) O(D AGENDA ITEM No. FEB 1 1 '200~ w h. jw ~w ~Z FEB ii 200~ ~,~. /o ~, e TALg532626.5 Town Design Criteria. a. General design criteria. (1) Shall be compact, pedestrian-friendly and mixed-use; (2) Shall create an interconnected street system designed to disperse and reduce the length of automobile trips; (3) Shall offer a range of housing types and price levels to accommodate diverse ages and incomes; Accessory dwelling units shall not count towards the total approved number of units, provided that the total number of units does not exceed the maximum density allowed by the GMP. (4) Shall include school sites that are sized and located to enable children to walk or bicycle to them; (5) Shall provide a range of open spaces including neighborhood and community parks, squares and playgrounds distributed throughout the community; (6) Shall include both community and neighborhood scaled retail and office uses; (7) Shall have urban level services and infrastructure which supports development that is compact, including water management facilities and related structures, lakes, community and neighborhood parks, trails, temporary construction, sales and administrative offices for authorized contractors and consultants, landscape and hardscape features, fill storage, and site filling and grading, which are allowed uses throughout the community. (8) Shall be designed in a progressive rural to urban continuum with the greatest density, intensity and diversity occurring within the Town Core, to the least density, intensity and diversity occurring within the Neighborhood Edge; (9) Shall provide sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffering, open space, land use, or other means; (10) Shall include a minimum of three Context Zones: Town Core, Town Center and Neighborhood General, each of which shall blend into the other without the requirements of buffers; (11) May include the Context Zone of Neighborhood Edge; and (12) Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home, and temporary construction signs. Specific design and development standards shall be set forth in the SRA document for such signs be permitted in residential areas or in coniunction with residential uses. Transportation Network (1) The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. (2) The transportation network shall be designed in an interconnected streets, sidewalks, and pathways. 79 em O~rdqDA I'mr.M FEB 11 200q TAL#532626.5 c. Open Space and Parks (1} Towns shall have a minimum of 35% open space. (2} Towns shall have community parks that include sports fields and facilities with a minimum level of services of 200 square feet per dwelling unit in the Town. (3) Towns shall have passive or active parks, playgrounds, public plazas or courtyards as appropriate within each Context Zone. d. Context Zones. Context Zones are intended to guide the location of, uses and their intensity and diversity within a Town, and provide for the establishment of the urban to rural continuum. (1} Town Core. The Town Core shall be the civic center ora Town. It is the most dense and diverse zone, with a full range of uses within walking distance. The Core shall be a primary pedestrian zone with buildings positioned near the right-of-way, wide sidewalks shall be shaded through streetscape planting, awnings and other architectural elements. Parking shall be provided on street and off street in the rear of buildings within lots or parking structures. Signage shall be pedestrian scale and designed to compliment the building architecture. The following design criteria shall apply within the Town Core, with the exception of civic or institutional buildings, which shall not be subject to the building height, building placement, building use, parking, and signage criteria below, but, instead, shall be subject to specific design standards set forth in the SRA Development Document and approved by the BCC that address the perspective of these buildings' creating focal points, terminating vistas and significant community landmarks. (a) Uses - commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, residential, parks and accessory uses. Such uses may occur in shared use buildings or single use buildings. (b)The total building area within each block shall not exceed a floor area ratio of 3. (c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. (d)Civic uses per block shall not exceed a floor area ratio of 0.6. (e) Light industrial and manufacturing uses per block shall not exceed a floor area ratio of 0.45. (f) The density of transient lodging uses shall not exceed 26 dwelling units per Town Core gross acre. (g) The maximum building height shall be 6 stories, excluding roofs and architectural features. (h) There shall be no minimum lot size. (i) The maximum block perimeter shall be 2500 Ft. 80 A~A ITEM No. FEB 1 1 200 7 TAL~532626.5 {j) Minimum setbacks from all property boundaries shall be 0 feet and the maximum setback from the front boundary shall be 10 feet. The maximum setback from the front boundary may be increased in order to create public spaces such as plazas and courtyards. (k) Overhead encroachments such as awnings, balconies, arcades and the like, shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Core shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall i~,:-, ~. ........ c ..... ~.:~, .... ~ .... : ...... ~ ........ 1 th ..... ~. ,~. .... 1:~..,,~ ~,~,.~;oh~., cf include architectural standards, or shall require the establishment of an architectural review board. The architectural review board shall adopt architectural standards and use the standards for review, and provide evidence to the County that the design is consistent. The architectural review board shall also review for compliance with the landscape requirements. (n)The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary_ streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape have a minimum of one tree. Parking is prohibited in front of buildings, exce w n e -o way ......... ........................ r ........ n structures on n on m street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at grade, including one tree per five (5) square feet of landscaped area. Parking structures fronting on a secondary street shall have a minimum ten (10) foot wide, densely landscaped area at grade, including one tree per fi-ve4~ 250 square feet of landscaped area or 25 linear feet on center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies· The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. The shared parking analysis methodology will be determined and agreed Upon by the County Transportation staff and the applicant during the pre- application meeting. The shared parking analysis shall use the m, square footage of uses proposed by the SRA development docum 81 I×iJJ'JU~_J~8:)A ITEM ~nt. No. FE[ 1 I 200 TALg532626.5 (o)Streets shall adhere to J.l.b. and Figures 1, 2, 3, or 4, 5, er 5. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. In these areas, side walk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided. Streets shall maintain a minimum average building height to street width ratio of 1'1, excluding landmark buildings. (p)Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet offon-center. The five-foot minimum wide of planting area may be reduced to three (3) feet if~ .... ~ ;" ' ..... '~ id lk p ti h barri ~,,~ ~, .............. ~ ....s ewa rotec on suc as root ers, continuous tree pits, and/or structural soils are provided. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (q) General signage standards. i. Signage design shall be carefully integrated with site and building design to create a unified appearance for the total property. ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. iii. Signs which create visual clutter or which block the view of signs on adjacent property shall not be permitted. iv. Creativity in the design of signs is encouraged in order to emphasize the unique character of the SRA. v. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. vi. Signable Area: The signable area (total of all individual signs on that faCade or related to that facade) of a faq:ade facing a public street or a parking lot shall be limited to 20% of the total area of the facade. vii. Mounting height: No part of a sign which projects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade. viii. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the public right-of-way. ix. Material: Signs shall be constructed of durable materials suitable to the sign type. The long term appearance of the sign shall be a majo consideration in the selection of materials. A~A rr~ FEB'I 1 200q 82 Pg. TAL#532626.5 (r) (s) x. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. The following sign types shall be permitted: i. Wall -A sign affixed directly to or painted directly on an exterior wall or fence. Maximum sign area -Fa¢ade width x 2.5. ii. Projecting - Any sign which projects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area = The facade area x .05. up to a. maximum of 100 Sq. Ft. iii. Window - A sign affixed to or behind a window. Maximum sign area - the area of the window with the sign x .30. iv. Hanging - A sign attached to and located below any eave, arcade, canopy or awning. Maximum sign area - 20 Sq. Ft. (two faces of 20 Sq. Ft. each). v. Awning - A sign or graphic attached to or printed on an awning. Maximum sign area - the area of the awning x .25. vi. Pole - A sign mounted at the top of or bracketed from a vertical pole which is supported by the ground. Maximum sign area - 24 Sq. t~ (2 faces (~, 12 Sq. Ft. each.). vii. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area - 50 Sq. Ft., exclusive of the base. (2 faces of 50 Sq. Ft. each). Maximum height above grade - 6 feet. viii. Marquee - A sign usually projecting from the face of a theater or cinema which contains changeable text to announce events. Sign area shall be compatible with the design of the theater building. Minimum height above grade - 10 feet. Minimum distance from curb 4 feet. ix. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square f~ (2 faces at 12 Sq. Ft. each. Banners - Fabric panels projecting from light poles or other structures. Maximum sign area - shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft. max (2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq. Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.). xi. Temporary signs as allowed bv Division 2.5. The following sign types are prohibited: i. Pole signs greater than 12 Sq. Ft. in area ii. Portable or mobile signs except sandwich boards iii.Flashing or animated signs (except time and temperature signs) 83 TAL#532626.5 iv. Signs with changeable text (except Marquee) v. Off-site signs. Billboards. Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main Street area of the Town. Buildings shall be positioned near the right-of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall ~' _ ~,,~ ~-~,v, ......... apply within the Town Center, with the exce on ..... , ........... ~:,,~.:~.~, ....... :,, ,~.~o. of civic or institutional buildings, which shall not be subject to the height, building placement, building use, parking, and signage criteria below, but, instead, shall be subiect to specific design standards that address these buildings' creating focal points, teminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC (a) Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and accessory uses shall be permitted. These uses may occur in shared use buildings or single use buildings. (b) The floor area ratio for the total building area within each block shall not exceed 2. (c) The floor area ratio for retail and office uses per block shall not exceed 0.5. (d) The floor area ratio for civic uses per block shall not exceed 0.6. (e) The floor area ratio for light industrial and manufacturing uses per block shall not exceed 0.45. (f) The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. The maximum building height shall be 5 stories, excluding roofs and architectural features. The minimum lot area shall be 1,000 square feet. The maximum block perimeter shall be 2500 Ft. The minimum setbacks shall be 0 from all property boundaries and the maximum setback shall be 10 feet from the front right of way line. Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and above the street, no. 84 FEB 1 { 200 /[ 2.. (h) (i) (k) TAL#532626.5 (3) (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) Buildings within the Town Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of a architectural review board. The architectural review board shall also review for compliance (n) with the landscape requirements. Streets shall adhere to J.l.b. and Figures 1, 2, 3, or 4,., < ...A- ,:... At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1:1, excluding landmark buildings. (o) Parking space requirements and design are the same as in the Town Core. (p) Landscape minimums are the same as in the Town Core. (q) Signage requirements are the same as in the Town Core. Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The following design criteria shall apply within Neighborhood General: (a) Residential, neighborhood scale goods and services, civic, institutional, parks, schools and accessory_ uses shall be permitted. (b) The maximum allowable building height shall be 3.5 stories. (c) The maximum block perimeter shall be 3500 feet, except that a larger block perimeter shall be allowed where an alley or pathway provides through access, or the block includes water bodies or public facilities. (a~ ~..-~ famil'~ .... :'~*":~ ...... ~'"" The SRA Development Document shall set forth the development standards for all allowable types of single-family development, which shall, at a minimum, adhere to the following: i. The minimum lot area shall be 1,000 square feet. ii. Parking space requirements and design are the same as in the Town Core, inclusive of garage spaces, with an additional parking space required if an accessory_ dwelling unit is built. iii. Landscaping shall include a minimum of sixty (60) square shrub planting per lot, on lots that are 3,000 square feet or eighty (80) square feet on lots that are greater than 3,000 s~ 85 ss irk,area; .are feet FEB 1 1.200 TAL#532626.5 (e) but less than 5,000 square feet in area; and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the fi'ont of the dwelling, with, at a minimum, turf grass for the remainder of the property. Multi-family residential uses shall adhere to the following: i. Lots shall be a maximum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feet and rear yard setbacks shall be a minimum of 20 feet for the primary structure and 5 feet for any accessory structures. iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard a maximum of 3 fi. 6 in and a maximum of 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In., except that overhangs may encroach no more than 2 Ft. into any yard. iv. Parking space requirements and design are the same as in the Town Core. v. A minimum of 100 Sq. Ft. of shrub planting shall be required for each 2,000 Sq. Ft. of building footprint, and one tree shall be required for each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such plantings in planting areas, raised planters, or planter boxes in the front of the building and a minimum of turf grass for the remainder of the property. Non-residential uses shall adhere to the following: i. All such uses shall be located at intersection comers or street bends and shall not be permitted at mid-block locations; ii. If the non-residential use is a restaurant, grocery store, or convenience store, it shall be located on an alley loaded site; iii. The minimum distance between non-residential uses shall be 1,000 feet, as measured along the street frontage at the right-of-way line. iv. The maximum square footage per use shall be 3,000 square feet and per location shall be 15,000 square feet; v. The use shall have a minimum lot area of not less than the size of the smallest adjacent lot. vi. The minimum setbacks shall be as follows: 0 feet from the front feet from the rear property boundary for any accessory_ stmctu property boundary, a distance from the side property boundary_ that is equal to the setback of the adjacent property, and a minimum of 20 feet from the rear property boundary for the principal structur~ and q 'es. 86 FEB 1 1 200 TAL#532626.5 (h) vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front fagade and the front property line. No off-street parking shall be permitted between the side fagade and the street side property line for comer lots. All off-street parking shall be screened from the street and adiacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq, Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. General signage requirements: i. Sign Area: The area of any sign shall be the area of a rectangle which encloses all elements of the sign (excluding poles and brackets) including all text and any symbols or logos. ii. Allowable sign Area: The allowable sign area (total of all individual signs on that fagade or related to that facade) of a fagade facing a public street or a parking lot shall be limited to 20% of the total area of the fagade. iii. Mounting height: No part of a sign which proiects from a building or is mounted on a pole or bracket shall be less than eight feet above the grade unless not in the pedestrian path. iv. Illumination: Signs may be illuminated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adiacent properties or the public fight-of-way. Prohibited Sign Types: i. Pole signs i. Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and temperature signs) iv. Signs with changeable text including v. Marquee - A sign usually proiecting from the face of a theater or cinema which contains changeable text to announce events vi. Banners vii. Off-site signs, billboards viii. Signage is prohibited outside of Neighborhood Goods and Services Zones, except as necessary within open spaces, parks, and neighborhoods for directional and area identification purposes. (k) The following sign types are allowable: 87 AOENDA IT~ FEB 1 Pg. TAL#532626.5 i.Wall - A sign affixed directly to an exterior wall or fence. Maximum sign area - 24 square fL ii. Projecting - Any sign which proiects from and is supported by a wall of a building with the display of the sign perpendicular to the building wall. Maximum sign area = The fagade area x .05. up to a maximum of 40 sq. ft. iii.Window - A sign affixed to or behind a window. Maximum sign area - 20% of the area of the window. iv.Han,m,'ng - A sign attached to and located below any cave, canopy or awning. Maximum area- 12 sq. ft. (may be double sided) v.Awning - A sign or graphic attached to or printed on an awning. Maximum sign area - 20% of the area of the awning. vi. Monument - A sign secured to a base which is built directly upon the ground. Maximum sign area - 30 sq. ft., exclusive of the base. (2 faces of 30 sq. ft. each). Maximum height above grade - 4 feet. vii. Sandwich boards - A movable sign comprised of two sign panels hinged together at the top. Maximum sign area - 12 square ft (2 faces at 12 sq. ft. each) viii. Temporary si~s as allowed bY Division 2.5. (1)Signage within Neighborhood Goods and Service Zones shall adhere to the following: i.Signage design shall be carefully integrated with site and building design to create a unified appearance for the total property. ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features of the building. iii. Signs which create visual clutter or which block the view of signs on adjacent property shall not be permitted iv. Creativity in the design of signs is encouraged in order to emphasize the unique character of the SRA. (m) Streets shall adhere to J.l.b and Figures 5, 6, 7, 8,9, or 10, 11, 12, 12, !4, !5, !6, !7, er !$. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (4) Neighborhood Edlle (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity within the Town. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: - , AC~=NDA Il'EM (a) The permitted uses within the Neighborhood Edge are residential, 88 TALg532626.5 open space, golf courses, schools, essential services, and accessory_ uses. (b). Building heights shall not exceed 2 stories. (c) Lots shall have a minimum area of 5000 square feed with lot dimensions and setbacks to be further defined with the SRA Development Document. (d) The perimeter of each block may not exceed 5000 feet, unless an alley or pathway provides through access, or the block includes water bodies or public facilities. (e) Parking space requirements and design are the same as in the'Town Core, inclusive of garage spaces, with provision for an additional parking space if an accessory dwelling unit is built. (f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per lot, with plantings in planting areas, raised planters, or planter boxed in the front of the dwelling and a minimum of turf grass for the remainder of the property. (g) Streets shall adhere to J.l.b. and to Figures ~,n .v,'n ~~'~ ...^~ .." 9, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. Special District (optional). The Special District is intended to provides for uses and development standards not otherwise provided for within the Context Zones. Special Districts would be primarily single use districts, such as universities, business parks, medical parks, resorts, that require unique development standards to ensure compatibility with surrounding neighborhoods. The location of Special Districts shall be illustrated on the SRA Master Plan, and ~uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc. Villa~,e Desi~,n Criteria. a. General criteria. (1) Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. (2) Villages shall be designed in a compact, pedestrian-friendly form. (3) Create an interconnected street system designed to disperse and reduce the length of automobile trips. (3) Offer a range of housing types and price levels to accommodate diverse ages and incomes. Accessory dwelling units shall not count towards the maximum allowed density. AC, E~A (4) Be developed in a progressive rural to urban continuum with the 89 reat[l~t FEB 1 !, 20Oq TAL#532626.5 density, intensity and diversity occurring within the Village Center, to the least density, intensity and diversity occurring within the Neighborhood Edge. The SRA document shall demonstrate the urban to rural transition occurring at the Villages limits boundary provides sufficient transition to the adjoining use, such as active agriculture, pasture, rural roadway, etc., and compatibility through the use of buffeting, open space, land use, or other means. (6) Shall allow signs typically permitted in support of residential uses including for sale, for rent, model home and temporary constructions signs. Specific design and development standards shall be set forth in the SRA document for such signs permitted in residential areas or in conjunction with residential uses. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. Parks. A Village shall provide a range of active and passive parks, squares and play~ounds as appropriate to be located within each Context Zone and Special District. Context Zones. {1) General. (a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. (b) Each Zone shall blend into the other without the requirements of buffers. (c) Villages may include the Context Zone of Neighborhood Edge. (d) Villages may include Special Districts to accommodate uses that require use specific design standards not otherwise provided for within the Context Zones. (e) The SRA Master Plan shall designate the location of each Context Zone and each Special District. The Village Center shall be designated in one location. Neighborhood General, Neighborhood Edge and Special District may be designated in multiple locations. (f) Context Zones are intended to guide the location of uses and their intensity and diversity within a Village, and provide for the establishment of the urban to rural continuum. (2) Village Cente t-~o.~v, ~_~ (a) The allowable uses within a Village Center are commercial, retail, office, civic, institutional, essential services, parks, residential and schools and accessory uses. Uses may occur in shared use buildings or single use buildings. (b) (c) The floor area ratio of any use shall not exceed 2 for the total area within each block, shall not exceed 0.5 for retail and offi, block shall not exceed 0.6 for civic uses per block. 90 FEB 1 1.200zf TAL#532626.5 (d) Transient Lodging - 26 dwelling units per Village Center gross acre (e) Maximum building height - 5 Stories, excluding roofs and architectural features (f) Minimum lot area: 1,000 SF (g) Block Perimeter: 2,500 Ft. max (h) Front setbacks - 0 to 10 feet from the right-of-way line (i) Side setbacks - 0 feet (i) Rear setbacks - 0 feet (k) Overhead encroachments such as awnings, balconies, arcades and the like, must maintain a clear distance of 9 feet above the sidewalk and 15 feet above the street. (1) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian way between the outdoor dining and the streetscape planting area. (m) The design of civic or institutional buildings shall not be subject to the specific standards of this subsection which regulate building height, building placement, building use, parking, and signage but, shag-~ .-,a.~-;~a~.,~.-1 1-.., t"~ll;~ t~ .... +., ~1~;~ ~+~4e4~..,;+1~ ....... +; ..... +1~ .... ' ...... + '~ ....... + instead, shah be subject so specific design standards that address the perspective of these buildings' creating focal points, terminating vistas, and si2mificant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. (n) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also (o) (p) i. review for landscape compliance. Streets shall adhere to J.l.b. and Figures 1, 2, 3, or~,A -,~ ..~' ,<,~. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. Streets shall maintain a minimum average building height to street width ratio of 1' 1, excluding landmark buildings. General parking criteria On-street parking spaces within the limits of the front prope projected into the right-of-way, shall count towards the requ number of parking spaces. 91 Iy lin~A red no. FEB 1'1 TAL#532626.5 (3) ii. The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets). Parking is prohibited in front of buildings. iii. Parking areas shall be organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape islands shall have a minimum of one canopy tree. iv. Parking lots shall be accessed from alleys, service lanes or secondary streets. (v,q) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be 10 spaces. Landscape island.q and tree diamonds shall have a minimum of one c-mmpy tree. Parking is prohibited in front of buildings, except within the fight-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include ground floor retail. Parking structures fronting on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 5 Sq. Ft. 250 square feet of landscaped area or twenty-five (25) lineal feet on-center. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple fimctions or uses in close proximity which are unlikely to require the spaces at the same time. (r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width,--with4r-ees. In these areas, sidewalk protection such as root barriers, continuous three pits, and/or structural soils shall be provided. Trees shall be planted ~0 Ft. ©.C forty (40) feet on-center. The street tree pattern may be interrupted by architectural elements such as arcades and columns. (s) Signage standards within the Village Center shall comply with those provided in the Town Center. Neiehborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. (5) Soecial District (optional). The Special District is ,as~4m~4d~ i~: Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. :end~%lqO~, 92 Pg..., /4tv TAL#532626.5 provide for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Hamlet Design Criteria a. General. (1) Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. (2) Hamlets may include the Context Zones of Neighborhood General and Neighborhood Edge. (3) Non-residential uses shall be provided in one location, such as a crossroads, and designed to incorporate the community green. b. Open spaces and parks. At a minimum, Hamlets shall provide a public green equal to a minimum of 1% of the total Hamlet gross acreage. c. Context Zones. Context Zones are intended to guide the location of uses and their intensity and diversity within a Hamlet, and provide for the establishment of the urban to rural continuum. (1) Neighborhood General. Neighborhood General is predominately residential with a mix of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversify the neighborhoods. The street grid is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape support the pedestrian environment. The design criteria applicable within Neighborhood General are as follows: (a) Uses-residential, neighborhood scale goods and services, civic, institutional, parks and schools. (b) Building height - 3.5 Stories (c) Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (d) For single-family residential uses: i. Minimum lot area: 1,000 SF ii. Setbacks and encroachments to be defined in the SRA Development Document iii. Parking space requirements and design are the same as in the Town Core, with provision for an additional parking space if an accessory dwelling unit is built. iv. Landscaping - Minimum of 60 Sq. Ft. of shrub planting per lot. alnaer oi Plantings shall be in planting areas, raised planters, or plant: the front of the dwelling. Minimum of turf grass for the ten the property. 93 FEB 11 2C0q / TAL#532626.5 (e) For multi-family residential uses: i. Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. iii. Minimum side yard setbacks - 10 Ft. iv. Minimum rear yard setbacks - 20 Ft. for primary structure, 5 Ft. for accessory structures v. Encroachments: Porches, stoops, chimneys, bays canopies, balconies and overhangs may encroach into the front yard 3 Ft. 6 In. These same elements may encroach 3 Ft. into side yards but no element may encroach into a side yard such that the distance to the property line from the encroaching element is less than 3 Ft. 2 In. except that overhangs may encroach 2 Ft. into any yard. vi. Parking space requirements and design are the same as in the Town Core. vii. Landscaping- Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. (f) Non-residential uses i. Location: at intersection comer. Mid-block locations are not allowed. ii. Maximum square footage per use is 5,000. iii. Maximum square footage per location is 20,000. iv. Min. lot area: No less than the min. lot area of the smallest adjacent lot. v. Front setbacks - Equal to the smallest utilized setback of the adjacent lot vi. Side setbacks - Equal to the smallest utilized setback of the adjacent lot vii. Rear setbacks - minimum 20 feet for the principal structure and 5 feet for any accessory use viii.Parking. Parking space requirements and design are the same as in the Town Core. On-street parking must be provided along the lot street frontage. No off-street parking shall be permitted between the front faCade and the front property line. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting area,, raisc~£noA 94 TAL#532626.5 planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. xi. Streets shall adhere to J. 1.b. and Figures 5, 6, 7, 8,9, or .,.,.., .., ..., 44x-4-Swer--~. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the fight-of-way, and a 5 foot streetscape area between the back of curb and the sidewalk. (2) Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. ('a) Uses - residential, parks, golf courses, schools, essential services (b) Building height - 2 Stories (c) Minimum lot area 5000 square feet (d) Setbacks to be further defined within the SRA Development Document (e) Block Perimeter: 5000 feet max. The maximum may be greater if an alley or pathway provides through access, or the block includes water bodies or public facilities. (f) Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property. (h)Streets shall adhere to J.l.b and Figures 9, 1 t, 12, 13, 14, 15, 16, 17, or 18~ ~..,a er 20. At a minimum all proposed streets must include a 1 O-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. Compact Rural Development Criteria a. General. (1) Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and development standards, but shall otherwise comply with the design standards of a Hamlet or Village. (2) A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. (3) Except as described above, a CRD will conform to the design stand Village or Hamlet as set forth herein based on the size of the CRD. residential units are not a required use, those goods and services tha 95 residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided. b. Example. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different fi.om a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that necessary to support permanent residents. 6. - 8. No change K. - L. No change 2.2.27.11 BASELINE STANDARDS rD ...... A. PURPOSE AND INTENT. These Baseline Standards will remain in effect for all land TALg532626.5 within the RLSA District unless or until such land becomes subject to the transfer or receipt of Stewardship Credits, except as to those agricultural uses subject to sections163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity, maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards. APPLICABILITY OF CODE. Except as otherwise specifically provided in Section 2.2.27.11, those provisions of this Code in effect as of November [ ], 1999, shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship Credits. ALLOWABLE USES. The permitted, accessory, and conditional uses allowed shall be those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: 1. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall be eliminated in all FSAs, as provided in Section 2.2.27.8.G. 2. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less, as provided in Section 2.2.27.8.G. 3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C- 25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Bi~ Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Colt~I~A County,...^~ ~...,~-~ r,~.-,~ environmental permitting requirements shall be conside: 96 satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. D. STANDARDS APPLICABLE INSIDE THE ACSC. RLSA District lands within the E TAL#532626.5 ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing. STANDARDS APPLICABLE OUTSIDE THE ACSC. Except to the extent superceded by G or H below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14(6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in 3.8.5.7, shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. A minimum of 40% of the native vegetation on the project site must be retained. If listed species are directly observed on the site of the project or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species. 3. If the wildlife survey indicates that listed species are utilizing the site, or the site is capable of supporting and is likely to support listed species, a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following techniques to protect listed species from the negative impacts of development: (1) Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by cross wildlife corridors. human activities. (2) Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. (3) Roadways crossings, underpasses, and signage shall be used where ro~d.q - AGENDA 97 TALg532626.5 The wildlife habitat management plan shall also incorporate the following: (1) a description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable; (2) identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetation communities and provide browse for white- tailed deer, consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC; and (3) if the development will be larger than 10 acres, a monitoring program. The fo}lowing references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South Florida Multi-Species Recovery_ Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. (4) Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel bo (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: (1)Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (2)Florida scrub lay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protoCols to maintain the natural scrub community. A awareness program to educate residents about the on-site preserve 98 ~ubliaOr~l~A l'rt~ .d tl~need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. (3) Bald eagle: For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999. (4)Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. (5) Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. {6) Panther. For proiects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In mm, these areas shall be buffered from the most intense land uses of the proiect by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the RLSA Overlay of the GMP. consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing Fe TAL#532626.5 development orders. It is recognized that these agency recommendations, on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. GOLF COURSE STANDARDS. Except as otherwise required by G or H below, all golf courses within the RLSA District that are not within an SRA shall be subject to the following requirements: 99 o Golf courses shall be designed, constructed, and managed in accordance with Audubon International's Gold Signature Program. The proiect shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and Building Design) have been incorporated into the golf course's design and operational procedures. In addition to addressing these requirements, golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: (1) The use of slow release nitrogen sources; (2) The use of soil and plant tissue analysis to adiust timing and amount of fertilization applications; (3) The use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide applications with the timing and application of irrigation water; (5) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides _for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with TALg532626.5 Sanitary Sewer Sub-Element Objective 1.4 and its policies; c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and building sites. Within these excepted areas, landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. Stormwater management ponds shall be designed to mimic the functio~ systems: by establishing shorelines that are sinuous in configuration 100 Soi ~. ~rm in .c~l._er to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given for littoral shelves that exceed these littoral shelf area requirements. G. STANDARDS APPLICABLE IN FSAS~ HSAS~ AND WRAS THAT ARE OUTSIDE OF THE ACSC. The provisions of Divisions 3.8, 3.9, and 3.11 in effect as of November [ ], 1999, shall apply to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall provide for release of surface water run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passage of surface water flows through the use of equalizer pipes, interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. H. STANDARDS APPLICABLE TO WETLANDS OUTSIDE OF FSAS~ HSAS~ WRAS~ AND THE ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation requirement set forth in E.2 above shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or greater. Applicants shall establish the wetland functionality score of wetlands using the South Florida Water Management District's Unified Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. TAL#532626.5 All direct impacts shall be mitigated for as required by applicable federal agencies and in the same manner as set forth in Division 3.9.5.3.B.1 ofthi Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. Wetland flowway functions through the project shall be maintained. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and proiect control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 2001. r Cod~.ara~^ 101 FEB 1 1 200 7. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 8. Appropriate buffeting shall be provided to separate preserved wetlands from other land uses. A mix~imum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. c. The buffer shall be maintained free of Category I Exotics. d. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 9. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 10.Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs 9.a through 9.c al applicable. If state or federal agency permits have not provided mitieation TAL#532626.5 102 AGENDA No. FEB 1 1 200 consistent with paragraphs 9 above, the County shall require mitigation exceeding that of the iurisdictional agencies. 11. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category_ I Exotics. Land uses allowed in these areas shall be limited to those identified in 8.d above. TAL#532626.5 103 A~A ITEM No. FEB 1i 200q TAB D SECTION 2.2.30 NRPA OVERLAY TAL~532626.5 104 AGENDA ITEM No. FEB 1 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT 2.2.30.1 PURPOSE AND INTENT. The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragrnented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to any standards that apply tin the underlying zoning district. A. NRPA OVERLAY AREAS. NRPAs are located in the following areas: 1. Clam Bay Conservation Area (within Pelican Bay Planned Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; 5. South Golden Gate Estates. [Insert NRPA map] B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending Lands and are further subject to the provisions, conditions and standards set forth in Section 2.2.2½.4. Private property owners within these NRPAs may transfer residential development rights from these important environmentally sensitive lands to other identified "receiving" lands pursuant to eth specific provisions set forth in Section 2.6.39. of this Code. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the following standards: 1. Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Section 3.9.4.3. 2. Permitted and conditional uses for all lands within a NRPA that are zoned CON and for those lands within any NRPA that are publicly owned shall be as set forth in Sections 2.2.17.2.A., B, and C, respectively. For privately owned lands within a NRPA within the RFMU District, permitted and conditional uses shall be those as set forth in the RFMU District Sending Lands TAL#532626.5 (Section 2.2.2½.4.). For privately owned lands within a NRPA and designated Estates, permitted conditional uses shall be those as set forth in the Estates Designation within 105 md le AGENDA ITEM No. FEB '1 1:200q Golden Gate Area Master Plan. As these privately owned Estates Designated lands are acquired for conservation purposes, the Comprehensive Plan and will be amended to change the Designation to Conservation and the property will be rezoned to the CON district. There are approximately 15 sections of privately owned land within a NRPA that are not designated Sending and are not located within the RFMU District. Eight (8) of these sections, known as the "hole-in-the-doughnut," are located within the South Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of which have been acquired by the State under the Florida Forever program as part of the Picayune Strand State Forest. The remaining seven (7) sections are within an approved mitigation bank located north and west of Corkscrew Swamp Sanctuary. As these privately owned Agricultural/Rural Designated lands are acquired for conservation purposes, the Plan will be amended to change the Designation to CON District. Until such time as the designation on these lands is change to CON District, permitted and conditional uses for these privately owned lands shall be those set forth in underlying zoning district. TALg532626.5 106 AGENDA ITEM No. FEB 1 1 200q TAB E 2.2.31 NBM OVERLAY TAL#532626.5 107 AGENOA ITE. M FE9 1 1200~ 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT 2.2.31.2 ESTABLISHMENT OF NORTH BELLE MEADE ZONING OVERLAY 2.2.31.3 APPLICABILITY 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS A. TRANSPORTATION B. BUFFERING C. GREENWAY 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEWING LANDS B. NEUTRAL LANDS '") "') ~1 I TAL#532626.5 108 FEB i 1 23 q ") ") '21 A TALg532626.5 109 .... AGENDA field FEB I 1:2006 Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 2.2.31.1 PURPOSE AND INTENT. The North Belle Meade Overlay (NBMO) is unique to the RFMU District because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2.2.31.2. ESTABLISHMENT OF NORTH BELLE MEADE ZONING OVERLAY DISTRICT. In order to implement the North Belle Meade provisions of the GMP, an NBMO, to be designated as "NBMO" on the Official Zoning Atlas, is hereby established. The NBMO area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land and approximately 15,550 acres and is located entirely within the RFMU District (Section 2.2.2½.) [Insert NBMO Map] 2.21.3.3 APPLICABILITY: A. NBMO RECEIVING LANDS. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in Section 2.2.2¥2.2, except as provided in 2.2.31.5. All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Divisions 3.9 and 3.11, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all development within NBMO Receiving Lands shall comply with all non-environmental review procedures for site development plans and platting as set forth in this Code. B. NBMO NEUTRAL LANDS. Except as otherwise specifically provided in 2.2.31.4 and 2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section 2.2.2½.3. C. NBMO SENDING LANDS. Except as otherwise specifically provided in Section 2.2.31.4, all development with NBMO Sending Lands shall be consistent with Section 2.2.2½.4 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION. As a condition for the approval of the resider component of any subdivision plat, site development plan, PUD, or DRI wi' TAL#532626.5 1 10 rial AC~SM)A FFr. M hin No. FEB 11,2004 Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion to the extent such improvements are necessitated by the development. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. 2. As an alternative to 1 above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-mining activities with a connection through Sections 32 and 31 to Landfill Road. 3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time ofrezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. 4. All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; b. be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern V2 of the western 1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. C. GREENWAY. A Greenway that follows natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending Lands that constitute natural flowways, such lands shall be dedicated to a public or private entity for use as part of the Greenway. 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Densi ,ty. TAI_g532626.5 111 AGENDA IT~- "' No. FEB 1 1 2I~0~ a. The base density in RFMU Receiving Lands, outside of a Rural Village is one dwelling unit per five (5) gross acres, or one dwelling unit per legal, nonconforming lot or parcel in existence as of June 22, 1999. b. This density may be increased, through TDR Credits, up to a maximum of 1 dwelling unit per gross acre. c. Once a density of 1 dwelling unit per gross acre is achieved through TDR Credits, additional may be achieved as follows: (1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site; (2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adioining a NRPA that is dedicated to a public or private entity for conservation use. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: a. Until June 19, 2004, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. b. Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur by June 19, 2004, or such other date as the GMP is amended to provide: (1) an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east-west connector roadway between County Road 951 and the Wilson Boulevard extension; or (2) the mine operator commits to construct a private haul road by June 19, 2006, or such other date as the GMP is amended to provide, without the use of any public funds.. c. If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. 3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provis .eni for Rural Village set forth in Section 2.2.2½.2.B, except as follows: 112 TAL~532626.5 AGENDA ITEM No. FEB 1 I. 200~ Bo a_. Density. An NBMO Rural Village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through base density, TDR and Bonus Credits, as provided in Section 2.2.2½.2.B.3.b. (2) Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following:' (a) TDR Credits; (b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; (c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. b_ Sidewalks shall be required On both sides of the streets. c_ Interconnected bike lanes shall be provided on all collector and arterial roadways. d_ Schools shall be located within a NBMO Rural Village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co-located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, greens, and civic areas. e. Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the Rural Village Center, provided that local streets provide access adequate to meets the needs of the School Board. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in Section 2.2.2½.3, with the exception that, in those Neutral Lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. TAL~532626.5 113 TAB F 2.6.9 ESSENTIAL SERVICES TALg532626.5 114 2.6.9 ESSENTIAL SERVICES 2.6.9.1. PERMITTED ESSENTIAL SERVICES A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND FSAS B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS, AND RSAS C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL AND ESTATE ZONED DISTRICTS E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL ZONED DISTRICTS F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS 2.6.9.2 CONDITIONAL USES A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND FSAS B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RSLA DESIGNATED HSAS, AND FSAS C. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL AND ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL LANDS 2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES 2.6.9. ESSENTIAL SERVICES. Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: ~ law enforcement, fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, natural gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. ccn~/tic, ns authorized as follows: TAL#532626.5 1 1 5 AGENDA ITEM No. FEB 1 I 200 2.6.9.1 PERMITTED USES ESSENTIAL SERVICES. A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON DISTRICTS~ RFMU SENDING LANDS~ NRPAS~ HSAS~ AND FSAS. The following as~s essential services arc allowed as permitted uses in all zoning districts, except as specifically prohibited herein for Conservation, RFMU District Sending Lands, and RLSA HSAs, NRPAs, and FSAs: 1. ~Water lines and; sewer lines;; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this code and regulated under applicable federal and state law; 3. ~Telephone lines, telephone switching stations, and cable television lines; Communication Towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions Section 2.6.35 of this Code; eElectrical transmission and distribution lines, substations, and emergency power structures; sSewage lift stations; and water pumping stations; eEssential service wells (including extraction facilities; and requisite ancillary facilities;); and _a~my other wells which have been or will be permitted by the South Florida Water Management District or the Florida dDepartment ofeEnvironmental ~Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; :n every zcn:ng ...... t. c^.,k ....r ....... 4'+~. ....... 4"'~' If p d Il i C Iii C ty -' · '-v ............................ any pro ose we sa o er oun owned well under the permitting jurisdiction of a Florida agency, staff, early in the e_County's well permit application process, shall post sign(s) at the eCounty's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the ~__County, including, if applicable, the times and places of the permitting agency's scheduled public heatings; PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS~ RFMU SENDING LANDS~ NRPAS~ HSAS~ AND FSAS. Within CON Districts, Sending Lands in the RFMU District, NRPAs and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in Section 2.2.27.11 .E.2 ~, the following essential - services are permitted: n~~ 116 lz~~ TAL#532626.5 a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary_ to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas and/or the Rural Transition Water and Sewer District. I~.C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL AND INDUSTRIALLY ZONED DISTRICTS. In commercial and industrially zoned districts,, in addition to the essential services identified above in Section 2.6.9.1, oth~ governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, tc *&e extent tke C..;1:* ........ ;.~: ...... ;~A ~11 1 ...... 1 ........ 1~*:~"shallbe id d ....... ., ............. ,~ ...... ., ...., ........ ~ ........ , cons ere a permitted essential service. ~..D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL AND ESTATE ZONED DISTRICTS. In the agricultural and estate zoned districts, in addition to the essential services identified above in Section 2.6.9.1 .A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN THE AGRICULTURAL ZONED DISTRICT. In the agricultural zoned district, in addition to the Essential Services identified above in Section 2.6.9.1 .A., safety services, and other government services, necessary_ to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. dF.ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY ZONED DISTRICTS. In residentially zoned districts, in addition to the essential services identified above in Section 2.9.6.1 .A.,~ neighborhood parks shall be considered a permitted essential service.~ 2.6.9.2.CONDITIONAL USES. The following uses require approval pursuant to section 2.7.S:4~s conditional uses: mA. CONDITIONAL ESSENTIAL SERVICES IN EVERY ZONING DISTRICT EXCLUDING THE RFMU DISTRICT SENDING TAL#532626.5 LANDS ~C~C=oWAW~C,~ ,zr~r~ · s~r~e CON DISTRICTS NRPAS, AND RLSA DESIGNATED HSAS AND FSAS. In every zoning district, unless otherwise identified as permitted uses, and Cc ............ zcned '"~ C excluding RFMU District Sending Lands, 117 AO~I~)A ITEM 200 Districts, and NRPAs, the following uses shall be allowed as Conditional Uses: 1_ eE__lectric or gas generating plants;; 2_ eEffiuent tanks,; 3. mlv~I~ajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, 4. hHospitals and hospices; and, 5_ g_G_Govemment facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS~ NRPAS c, tn~nw a r~Tfl¥ ?t~.llTIi I~Igrl~DT/'~Tq CON DISTRICTS AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending d NRPA r~ ....... ,; ......a a;.~.~ CON Distri t d th RFLA Lan s, s, ...................... · --. ,, ,,, ,, c s, an e designated HSAs and FSAs subiect to the limitations set forth in 2.2.27.11. B.2, in addition to the essential services identified as allowed conditional uses in Section 2.6.9.2.A. above, the following additional essential services are allowed as conditional uses: 1. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas and/or the Rural Transition Water and Sewer District, when not located within already cleared portions of existing rights-of-way or easements; 2. Safety Services limited to law enforcement, fire, and emergency medical services. C. ADDITIONAL CONDITIONAL USES IN RESIDENTIAL~ AND ESTATE ZONED DISTRICTS~ AND IN RFMU RECEIVING AND NEUTRAl, LLANDS. In residential, agricultural, and estate zoned districts~ and in RFMU Receiving and Neutral Lands, in addition to those essential services identified a.~ conditional uses in Section 2.6.9.2.A., above, the following Essential Services shall also be allowed as conditional uses: 1. ~:Regional parks and community parks;.i 2. Public parks and public library facilities; 3. sSafety service facilities;2 4_. oOther similar facilities, except as otherwise specified herein. 2.6.9.3 ~-~;;~t.;t;,.. ~r ~;~,~; ....... ;~,;~ "~ .........~ ~v .......... , .......... CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTU~S. Under this subsecticn w~Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations fc, the district in which they are located, or as may be required on an approved sit TAL#532626.5 118 AGENDA ITEI~ NO. FEB ll 200 development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the dir, t~ct surrounding and nearby existing and future uses. B. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. g~:.9~4C, e~.,,~+ ..... c ......... ;~ ~';";*;'~ Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. TAI_tt532626.5 119 ACtA ITEM No. TAB G 2.6.35 COMMUNICATIONS TOWERS TAL#532626.5 120 AC-~A ITEM FEB 1 1 2006 2.6.35 COMMUNICATIONS TOWERS. 2.6.35.1 PURPOSE AND INTENT 2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE. MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS 2.6.35.5.9 A. B. C. D. GROUND MOUNTED TOWERS BIRD DIVERTER DEVICES HABITAT LOSS SECURITY LIGHTING 2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE. 2.6.35.6.12. TOWER LIGHTING A. TOWERS AND ANTENNAS EXCEEDING 150 FEET. B. NEW TOWERS EXCEEDING 199 FEET 2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE 2.6.35.8.1. CO-LOCATED FACILITIES 2.6.35.8.2. NEW TOWERS OR ANTENNAS 2.6.35.8.3 SUFFICIENCY NOTICE 2.6.35.8.4 DEFAULT APPROVAL 2.6.35.8.5 WAIVER 2.6.35. COMMUNICATIONS TOWERS. 2.6.35.1 PURPOSE AND INTENT. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as but not limited to telephone, television, radio or microwave transmissions. This section sets standards for construction and facilities siting; is to minimize where applicable adverse visual impacts of towers and antennas through careful design, siting and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and thereby to minimize need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. TAI-~532626.5 121 FEB 1 1200 2.6.35.2 through 2.6.35.5.8. No change 2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS. A. GROUND MOUNTED TOWERS. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of gu//ing the tower. B. BIRD DIVERTER DEVICES. Each new ground mounted guyed tower installed after January_ 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). C. HABITAT LOSS. In addition to the requirements in Division 3.9, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. D. SECURITY LIGHTING. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. 2.6.35.6.1 through 2.6.35.11. No change 2.6.35.6.12. TOWER LIGHTING. A. TOWERS AND ANTENNAS EXCEEDING 150 FEET. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights unless exempted in writing by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. No other towers or antennas shall be artificially lighted except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. B. NEW TOWERS EXCEEDING 199 FEET. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or regulation. Unless otherwise then required by law, rule or regulation, only white lights strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule.Lor regulation. Solid red (or pulsating red) warning lights shall not be used at nighl. TAL#532626.5 1 22 FEB 11 2004 2.6.35.6.13 through 2.6.35.7. No change. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstanding any other provisions of Section 2.6.35, the following provisions shall apply to communications towers that provide wireless emergency telephone service. A. These facilities are Essential Services. B. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is sub/ect to the expedited timelines specified in Chapter 365.172, Florida Statutes. C. Applicants for these permits need not provide staffwith evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staffmay request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State- owned fights-of-way. 2.6.35.8.1. CO-LOCATED FACILITIES. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location orE911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in section 2.6.35. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein. including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 2.6.35.8.2. NEW TOWERS OR ANTENNAS. The County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of Section 2.6.35 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply conditional use approval, or other required procedures. Provide~ further that nothing herein shall affect permit compliance of such facilities wjt[ TAL#532626.5 123 AC=ENDA ITEM No. FEB 1 ~.20C~ pg. / ~'/ applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172, Florida Statutes. 2.6.35.8.3. SUFFICIENCY NOTICE. Within twenty (20) business days of receiving the permit application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary_ approval process or permission. 2.6.35.8.4 DEFAULT APPROVAL. A. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: 1. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; 2. the County fails to either grant or deny the applied-for permit within the time frames set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicable; and 3. the applicant has not agreed to an extension of time, as provided in Section 2.6.35.8.5. B. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be granted if the BCC fails to take final action at that time. 2.6.35.8.5. WAIVER. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. TAI_~532626.5 124 FEB 1 1.2004 TAB H 3.5.11 LITTORAL SHELF PLANTING AREA T^~2626.~ 1 25 AOENDA ITEM No. FEB 1 1'. 3.5.11 Littoral Shelf Planting Area (LSPA). The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwatcr management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within ~ such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. 3.5.11.1 DESIGN REQUIREMENTS. 3.5.11.1.1 AREA REQUIREMENTS. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: a. Rural Fringe Mixed Use District - ~30 percent. This requirement may be reduced subiect to the incentives identified in Section 3.9.5.B.2; b. All other areas -7 percent. 3.5.11.2 through 3.5.11.3 No change 3.5.11.4. EXEMPTIONS. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt from the LSPA requirements. Lake excavation activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the LSPA requirements but shall otherwise be required to follow the mine reclamation requirements required in Section 3.5.7.6. Exempted lake excavations that are modified to allow the lake to function as a wet detention pond as part of a stormwater management system shall no longer be exempted from this section and shall meet the standards contained herein at the time of modification. TALg532626.5 126 FEB 1 1 200 TAB I 2.6.39 TDRS TAL#532626.5 127 2.6.39. TRANSFER OF DEVELOPMENT RIGHTS 2.6.39.1 PURPOSE, INTENT, AND APPLICABILITY A. PURPOSE B. INTENT C. APPLICABILITY 2.6.39.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS 2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS TO NON-RFMU RECEIVING AREAS A. TRANSFERS TO URBAN AREAS B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS 2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS FROM RFMU SENDING LANDS A. GENERAL B. COUNTY MAINTAINED CENTRAL TDR REGISTRY 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS 2.6.39 TRANSFER OF DEVELOPMENT RIGHTS (TDR) 2.6.39.1 PURPOSE~ INTENT~ AND APPLICABILITY A. PURPOSE: 1. The primary purpose of the TDR process is to establish an equitable method of protecting and conserving lands determined to have significant environmental value, including large connected wetland systems and significant areas of habitat for listed species; and 2. To provide a viable mechanism for property owners of such environmentally valuable lands to recoup lost value and development potential which may be associated with the application of environmental preservations standards to such lands. B. INTENT: These TDR provisions are intended to accomplish the above stated through an economically viable process of transferring developme: ~- purpose 128 TAL#532626.5 AGENDA ITEM No._ fights from less suitable non-RFMU sending areas and RFMU Sending Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. C. APPLICABILITY: These TDR provisions shall be applicable to those areas specifically identified in 2.6.39.2, 2.6.39.3, and 2.6.39.4 below. These TDR provisions shall not be applicable to the any transfer of development fights within the RLSA District. 2.2.24.11.2.6.39.2.TRANSFER OF DEVELOPMENT RIGItTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands. The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county 2.2.24.11.1. A. The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development fights of the subject lands providing them shall be considered severed forever. 2.2.24. ! !.2. B. The transfer of development fights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24. ! ! 2. C_..: The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. g-.g-.g4A-h~. D._.~. Upon the approval of the transfer of residential development rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners. 2.2.24. ! ! .5. E.~. The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.2~.!I.~. F__:Maximum number of residential units receive. which eligible lands may 1. Lands in all residential zoning districts and residential components of pl unit development zoning districts are eligible to receive resic TAL#532626.5 129 mtia~ FEB 11,200 , development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply: a_ RSF-1 through RSF-5 districts, up to and including five units per acre: Units per base density X 10% =. 1 to .5 units per acre b_ RMF-6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre c_ RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre d_ RMF-16 district: 16 units X 5% = 0.80 units per acre e_ RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1.30 units per acre f. PUD district: Residential tract units X 5% = permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply: Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. 2.2.24.12. G.PROCEDURE FOR OBTAINING TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS. Any owner of eligible land may apply for a transfer of development rights either separately or concurrently with rezoning, zoning ordinance amendments, preliminary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition, to the development services director for his review and subsequent action by the board of county commissioners. 1. Name and address of property owner of sending land. 2. Name and address of property owner of receiving land. 3. Legal description of sending land from which transfer of residential development rights is petitioned. TAL~532626.5 1 30 4. Survey of sending land from which transfer of residential development rights is requested. 5. Legal description of receiving land which receives the transfer of residential development rights. 6. Survey of the land which receives the transfer of residential development rights. 7. Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners in a form approved by the county attorney. 8. The owner of the sending land shall provide a guarantee, agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages between public or private open space, protection of critical habitat/ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County, Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners, heirs, or assigns of such property. Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the board of county commissioners. 2.2.2~. !3. H...:. TIME LIMITATIONS ON BOARD OF COUNTY COMMISSIONERS' APPROVAL OF TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS OR AUTHORIZATION TO PROCEED WITH THE PROCESSING OF A BUILDING CONSTRUCTION PERMIT. The board of county commissioners' approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automatically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act g-.g-.g4d~. I_.SEQUENTIAL USE OF RESIDENTIAL UNITS APPROVED FOR TRANSFER BY THE BOARD OF COUNTY COMMISSIONERS. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the resi ~.--_*_!'~ units permitted under the basic zoning district regulations. AGE~A ~T~ TAL#532626.5 13 1 2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS A. CREATION OF TDR CREDITS. 1. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDR Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR Credit per legal non-conforming lot or parcel. 2. For lots and parcels 5 acres or larger, the number of TDR Credits generated shall be calculated using the following formula: # of acres x 0.2 = # of TDR Credits generated. Where the number of TDR Credits thus calculated is a fractional number, the number of TDR Credits created shall be rounded to the nearest 1/100th. B. RECEIPT OF TDR CREDITS FROM RFMU SENDING LANDS. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas, the Urban Residential Fringe, and RFMU Receiving Lands, as provided in Sections 2.6.39.4 and 2.6.39.5. C. PROHIBITION ON TRANSFER OF FRACTIONAL TDRS. While fractional TDR Credits may be created, as provided in A above, TDR Credits may only be transferred from RFMU Sending Lands in increments of whole, not fractional, dwelling units. Consequently, fractional TDR Credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands. PROHIBITION ON TRANSFER OF DEVELOPMENT RIGHTS. 1. TDR Credits shall not be transferred from RFMU Sending Lands where a conservation easement or other similar development restriction prohibits the residential development of such property. 2. TDR Credits shall not be transferred from RFMU Sending Lands that were cleared for agricultural operations after June 19, 2002, for a period of twenty- five (25) years after such clearing occurs. 2.6.39.4 TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING TALg532626.5 LANDS TO NON-RFMU RECEIVING AREAS A. TRANSFERS TO URBAN AREAS. 1. Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element Density Rating System, sul: the applicable provisions of Division 2.7 of this Code, and the followin conditions: a. The proiect is 20 acres or less in size; 132 ect to '1 AC~.NDA ITEM No. FEB 1 I, 200 b. At time of development, the project will be served by central public water and sewer; c. The property in question has a site development plan in common with adiacent property; d. There is no common ownership with any adiacent parcels; and e. The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from RFMU Sending Lands at Site Plan or Plat Approval. Developments which meet the residential infill conditions (a) through (e) above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU District Sending Lands. B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban BoundaW into lands designated Urban Residential Fringe at a rate of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to 2.5 dwelling unit per gross acre. 2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING LANDS. A. MAXIMUM DENSITY ON REMU RECEIVING LANDS WHEN TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. 1. The base residential density allowable shall be as provided in Sections 2.2.2½.2.A.2.a. and 2.2.2½.2.B.3.a. The density achievable through the transfer of TDR Credits into RFMU Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(1) outside of Rural Villages and Section 2.2.2½.2.B.3.b and c.(1) inside of Rural Villages. B. REMAINDER USES AFTER TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. Where development rights have been transferred from RFMU District Sending Lands, such lands may be retained in private ownership and may be used as set forth in Section 2.2.2½.4.B. 2.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS TALg532626.5 FROM RFMU SENDING LANDS. A. GENERAL. The transfer of TDR Credits from RFMU Sending Lands does not require the approval of the County. However, those developments that utilize such TDR Credits are subiect to all applicable permitting and requirements of this Code, including but not limited to those applicabl! to s~ development plans, plat approvals, PUDs, and DRIs. no._..__..._._._.. 133 FEEl 1 1 200 B. COUNTY-MAINTAINED CENTRAL TDR REGISTRY. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale and pumhasers seeking TDR Credits. No TDR Credit generated from RFMU Sending Lands may be utilized to increase density in any area unless the following procedures are complied with in full. 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. A TDR Credit Certificates shall be pma4d~ issued only by the County and upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending Lands were not subject to a conservation restriction or other development restriction that prohibited residential development; c. a legal instrument, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR Credits as set forth in Section 2.2.2½.4.B; and d. a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU Sending Lands from which the TDR Credits were generated, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities, and establishing that the value of any such remuneration is at least $25,000 per TDR Credit. .... ~,t~ .......................~ ....... ~,....., ............at, A or DRI utilizing TDR Credits may be conditionally approved, but no subsequent application for site development plan or subdivision plan within the PUD or DRI "'~' ....... '~ n .... 1 ..... * ..,;11 ,.+;1;.. 'T'r~D f'~...4;+. Lands, shall be approved until the developer submits the following: a documentation that the developer has acquired c- all TDR Credits needed for the development; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. TAL#532626.5 134 FEB 1 1.2OO developer shall da'~ ~"~' *~ ~*~ ~? .... *' ~^~'~;*;^~"~ ........ ~ '~ provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and to-r. ec:~4 of recordation of the TDR Credit Certificates for all such TDR Credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI. If guc*',. ....................... ~, ............. ,,_ 4. ~ach TgR Credit shall have ~ individual and distinct tracking numbcr~ which shall be identified on the TDR Certificate that reflects the severance of the TDR Credit from RFMU Sending Land. The County TDR Registry shall maintain a record of all TDR Credits, to include a designation of those that have been expended. 2.6.39.7 PROPORTIONAL UTILIZATION OF TDR CREDITS. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR Credits shall be deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR Credits. All PUDs and DRIs utlizing TDR Credits shall require that the rate of TDR Credit consumption be reported through the monitoring provisions of sections 2.7.3.6 and 3.15.7.3.1.2.1 of this Code. TAL~532626.5 1 3 5 ACtA field No. FEB 1 1:200q TAB J 2.6.40 DENSITY BLENDING TAL#532626.5 136 AGENDA ITEM No. FEB 1 2.6.40 DENSITY BLENDING 2.6.40.1 PURPOSE 2.6.40.2 CONDITIONS AND LIMITATIONS A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAL LANDS B. PROPERTIES STRADDLING RFMU SENDING LANDS C. PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT 2.6.40. DENSITY BLENDING 2.6.40.1 PURPOSE. In order to encourage unified plans of development and to preserve wetlands, wildlife habitat, and other natural features that exist within properties that straddle the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in existence and either owned or under contract for purchase by the applicant as of June 19, 2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master Plan, the allowable gross density in aggregate (and intensity in the case of those lands identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the proiect, regardless of whether or not the density or intensity allowable for a portion of the project exceeds that which is otherwise permitted by the Future Land Use Element or Immokalee Area Master Plan as the case may be, subiect to the conditions and limitations set forth in 2.6.40.2 2.6.40.2. CONDITIONS AND LIMITATIONS. A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAl, LANDS. Density blending between properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted, subiect to all of the following conditions and limitations: 1. The project straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. The project in aggregate is at least 80 acres in size. At least 25% of the proiect is located within the Urban Mixed Use District. The entire proiect is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the TALg532626.5 project unless interim provisions for sewer and water are authorized by Collier County. The project is currently zoned or will be rezoned to a PUD. Density to be shifted to the RFMU District from the Urban Residential S' District is to be located on impacted lands, or the development on the sit~ 137 AO,,O~A IIE~ b- no. is to FEB i 1 ,200 Be be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. The entire project shall meet the applicable preservation standards of the RFMU District as set forth in Section 3.9.4.3.A. These preservation requirements shall be calculated based upon, and apply to, the total project area. PROPERTIES STRADDLING RFMU SENDING LANDS. Density blending between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted subject to all of the following conditions and limitations: 1. The project straddles the Urban Residential Fringe Sub-District and the RFMU District Sending Lands. 2. The project in aggregate is at least 400 acres. 3. At least 25% of the project is located within the Urban Residential Fringe Sub-District. 4. The project must extend central water and sewer (fi:om the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; and 5. The Project is currently zoned or will be zoned PUD. 6. The density to be shifted to the RFMU District Sending Lands shall be located on impacted or disturbed lands, or shall be located so as to preserve and protect the highest quality native vegetation and/or habitat with adjacent preservation and/or habitat areas. 7. Native vegetation shall be preserved as follows: a. As identified in Section 3.9.4 in those portions of the Project to be located in the Urban Residential Fringe Subdistrict. b. In those portions of the Project to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the area of the Project designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but resulting 'wetlands functions, including functions relating to habitat and flowways, are enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting criteria for golf courses within the Neutral area. This provision is TAL#532626.5 138 the AC~NDA I~ not ~ FEB 1 12uu4 intended to eliminate any uses permitted within the applicable underlCng zoning district(s). PROPERTIES STRADDLING THE IMMOKALEE URBAN AREA AND THE RLSA DISTRICT. Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: 1. The project in aggregate must be a minimum of 200 acres in size. 2. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist District. 3. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. Density and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. 5. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. TAL#532626.5 139 AC~.NDA ITEM TAB K 3.8 ENVIRONMENTAL IMPACT STATEMENTS TAL#532626.5 140 DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (ELS)* 3.8.1 TITLE AND CITATION 3.8.2. PURPOSE 3.8.3 APPLICABILITY 3.8.4 SUBMISSION AND REVIEW OF EIS 3.8.5 INFORMATION REQUIRED FOR APPLICATION 3.8.5.1 APPLICANT INFORMATION 3.8.5.2 MAPPING AND SUPPORT GRAPHICS 3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY DETERMINATION 3.8.5.4 NATIVE VEGETATION PRESERVATION 3.8.5.5 WETLANDS 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT 3.8.5.7 LISTED SPECIES 3.8.5.8 OTHER 3.8.6 ADDITIONAL DATA 3.8.7 RELATION BETWEEN EIS AND DRI 3.8.8 EXEMPTIONS 3.8.8.1 SINGLE FAMILY OR DUPLEX USES 3.8.8.2 AGRICULTURAL USES 3.8.8.3 NON-SENSITIVE AREAS 3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 3.8.8.5 NBMO RECEWING LANDS 3.8.9 FEES 3.8.10 APPEALS Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (ELS) 3.8.1 No change. 3.8.2. PURPOSE. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon thc resources and environmental quality of the project area and the community and to insur, planning and zoning decisions are made with a complete understanding of the i: TAL~532626.5 141 lpac~._ of such decisions upon the environment, to encourage projects and developments that will: &A..__Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ~..B.~.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. ~.C__ Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 3.8.3. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. Without first obtaining approval of an EIS, or exemption pursuant to section 3.8.98, as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Sites where a prior EIS was prepared and approved for the same area of land and where the following exist: a. Greater impacts to preserve ares or changes inlocation to preserve areas are proposed; b. Greater impacts to iurisdictional wetlands or listed species habitats are proposed; c. New listed species have been identified on site; or d. A previous EIS is more than 5 years old or prepared prior to January 2004. 3.8.3.4,.SAny other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining ~ nether such a project would have substantial environmental impact the development s director shall base his decision on the terms and conditions described in this Cc on the project's consistency with the growth management plan. TALg532626.5 142 rvice~C~)A frr_~ FEE 1 200 3.8.3.6. For sites where submission or resubmission of an EIS is not required pursuant to the above, plant and animal species surveys shall be required in accordance with the guidelines and time frames established in Division 3.11 of this Code, and in accordance with the recommendations and guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. 3.8.4. SUBMISSION AND REVIEW OF EIS. A completed EIS, ~ ..... ~ .......... *';~ ~;~+~'~ .... + in written and digital format, shall be submitted to development services director for approval, denial or appr6val with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting credentials. SEC. 3.8.5. INFORMATION REQUIRED FOR APPLICATION. !. for academic TAI_g532626.5 rt1.,~+ .... 1-, ~1~'+1-,~ ~1+~ ~+~Ai~ ~+ la.,,-+ 'gthth I:'~+ ^,,+~;A~ +1-, ...... 1 T,, .... ng survey: .......... t~ 143 FEB 1 1, /7/_ ,4 TAL#532626.5 144 to AGENOA ITEM No. FEB 1 1 2~.~ C. .... ~.A.k.~; ......... A .~urs~.~' areas and ~e~ ~e and esmafine ~ncfiom. lmV TALg532626.5 145 AGENDA IT~ No~ FEB 1 1 201 p~. /7:, .,~h .... ,, +~..~ .... ~.~j~,;~+ design shall replace ~e lost mar~e ~d estate ~ctio~. on-site ~ea~ent syste~ reladvc to state and co~ stand.ds. for recycling TAL#532626.5 1 46 FEB 1 1.,200q 3.8.5.1 APPLICANT INFORMATION. TAL#532626.5 147 AGENDA ITEM No, FEB 1 1,200~ .~. /7~ Bo 3.8.5.2 Responsible person who wrote the EIS and his/her education and job related environmental experience. Owner(s)/agent(s) name, address, phone number & e-mail address. MAPPING AND SUPPORT GRAPHICS. General location map. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible. elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. 3.8.5.3 E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. F. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. G. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands. conservation acquisition areas, maior flowways and potential wildlife corridors. H. For properties in the RLSA or RFMU Districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. A. Provide an overall description of the project with respect to environmental and water management issues. Explain how the project is consistent with each of the Objectives and Pol the Conservation and Coastal Management Element of the Growth Mana Plan, where applicable. TAL#532626.5 148 eies in eme~A ~xt:~ FEB 1 t£;;~ 3.8.5.4 NATIVE VEGETATION PRESERVATION. A. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). B. Explain how the proiect meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. D. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed. E. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. 3.8.5.5 WETLANDS. ~ Provide a narrative addressing the anticipated control elevation(s) for site. A. Define the number of acres of Collier County iurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstorg and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. B. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. XXma' ;~ ,u~ ~,,,;~;~.4 ......,~^~ ~ .... ~;^~ c~... the C. Indicate the proposed percent of defined wetlands to be impacted and the ef of proposed impacts on the functions of these wetlands. Provide an ex] TAL~532626.5 149 AC_~A ~ :ct.q No. ibiti-EB 1 1 7.22'~ 17 ? showing the location of wetlands to be impacted and those to be preserved on-site. u .... ha-,~ : .... *~ ' .... et~'~ ~' .... :~;~:~'~'~ Describe how impacts to wetlands have been minimized. Indicate how the proiect design compensates for wetland impacts pursuant to the Policies and Obiectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method , that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. TALg532626.5 150 AOFJ~A ITeM NO% F'E3 1' 1:200t 17f' 3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. B. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed ~. land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the proiect area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. 3.8.5.7 Describe the measures that are proposed to mitigate for impact to state and federally listed species. LISTED SPECIES Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. B. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. C. Indicate how the project design minimizes impacts to species of special status. What ................... ~, ,^ ~;+;~,~+~ c~.~: .... ~ +~ ~+~+~ n~ federa!!7 ,;~+~a ~ Describe the measures that are proposed as mitigation for impacts to listed sr~ecies. D. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. AGENDA ITEM TAL#532626.5 1 5 1 FEB 1 1200 3.8.5.8 A. 3.8.6 OTHER. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. C. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSC-ST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. D. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or are suspected of previously having contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. E. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the historic/archaeological integrity of the site. ADDITIONAL DATA. The Development Services Director may require TAL~532626.5 additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. 3.8.& 7_. RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT (DRI). In any instance where the proposed project requires both an EIS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the EIS and DRI. 3.8.~ 8~ EXEMPTIONS. 2.$.9.!. 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. '2 o o ~ I 3.8.8.2. Agricultural uses. t?,oa, a-fid~aA~cultural uses --'~- her-cd~, that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of t~a twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. ..... e, ......... , .......... e, .................... , I'" ......... , ........ .t-'v · AGENDA ITEM FEB 1 1 2OOt 3.8.9.2. 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the opinion of the development services director, an area of environmental sensitivity~ subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: P~o~ '^ making .... 3.2.9.2. I. A._= The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.S.9.2.2. B_. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. 3.2.9.2.3. C__. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. 3.S.9.2.4. D.~. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this Code. An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 3.S.9.2.5. E_.= The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.S.9.3.3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.10. 9_. FEES. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.11.10.._~. APPEALS. A_.=. Any person aggrieved by the decision of the development services director regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory boan successor organization. TAL#532626.5 1 53 B_.:. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C_~. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D._~. Ten days prior to the heating the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E_ Upon conclusion of the heating the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F_ The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. TAL#532626.5 154 AGENDA ITEM -- TAB L 3.9 VEGETATION REMOVAL, ETC TAL#532626.5 155 AOE:NDA ITEM FEB 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1 TITLE AND CITATION 3.9.2 PURPOSE 3.9.3 APPLICABILITY 3.9.3.1EXEMPTIONS AND EXCEPTIONS A. NBMO EXEMPTION B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION C. AGRICULTURAL EXEMPTION D. PRE-EXISTING USES E. EXEMPT MANGROVE ALTERATION PROJECTS 3.9.4. VEGETATION PRESERVATION STANDARDS 3.9.4.1 GENERAL STANDARDS AND CRITERIA 3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS A. REQUIRED PRESERVATION B. EXCEPTIONS 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT A. RFMU RECEIVING LANDS OUTSIDE THE NBMO B. NEUTRAL LANDS C. RFMU SENDING LANDS E. EXCEPTIONS 1. NONCONFORMING, PRE-EXISTING PARCELS 2. SPECIFIC COUNTY-OWNED LAND 3. DISCRETIONARY EXCEPTION FOR ESSENTIAL PUBLIC SERVICES 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT 3.9.4.5 DENSITY BONUS INCENTIVES 3.9.5 WETLAND PRESERVATION AND CONSERVATION 3.9.5.1 PURPOSE 3.9.5.2 URBAN LANDS 3.9.5.3 RFMU DISTRICT A. STANDARDS T^L#532626.5 1 56 AGENDA i'rEIvl No, FEB 1 1,200 3.9.5.4 3.9.5.5 3.9.5.6 3.9.6 3.9.6.1 3.9.6.2 3.9.6.3 3.9.7 3.9.7.1 B. MITIGATION 1. MITIGATION REQUIREMENTS 2. MITIGATION INCENTWES ESTATES, RURAL-SETTLEMENT AREAS, AND ACSC RLSA DISTRICT SUBMERGED MARINE HABITATS NATURAL RESERVATION PROTECTION AND CONSERVATION PURPOSE AND APPLICABILITY REVIEW PROCESS RFMU DISTRICT REQUIREMENTS A. OPEN SPACE B. OPEN SPACE AS BUFFERS C. CONTIGUOUS NATIVE VEGETATION D. WILDLIFE CORRIDORS PRESERVE STANDARDS DESIGN STANDARDS A. IDENTIFICATION B. MINIMUM DIMENSIONS C. PROTECTION OF WETLAND HYDROPERIODS D. PROTECTIVE COVENANTS E. CREATED PRESERVES 1. APPLICABILITY 2. REQUIRED PLANTING CRITERIA F. ALLOWABLE SUPPLEMENTAL PLANTINGS G. PRESERVE MANAGEMENT PLANS 1. GENERAL MAINTENANCE 2. EXOTIC VEGETATION REMOVA, NON-NATIVE VEGETATION AND NUISANCE OR INVASIVE PLANT CONTROL 3. DESIGNATION OF A PRESERVE MANAGER 4. WILDLIFE HABITAT MANAGEMENT TALg532626.5 157 5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER CONSTRUCTION H. ALLOWABLE USES WITHIN PRESERVE AREAS 3.9.7.2 INSPECTIONS AND MAINTENANCE 3.9.7.3 REQUIRED SETBACKS TO PRESERVES 3.9.7.4 EXEMPTIONS 3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS 3.9.8.1 VEGETATION PROTECTION STANDARDS A. GENERAL B. FILLING AND CONSTRUCTION DEBRIS C. ATTACHMENTS D. EXCAVATION E. PROTECTIVE BARRIERS 1. INSTALLATION OF PROTECTIVE BARRIERS 2. APPLICANT'S REPRESENTATIVE REQUIRED 3.9.8.2. CRITERIA FOR REMOVAL AND/OR PLACEMENT OF PROTECTED VEGETATION A. STANDARDS B. VEGETATION RELOCATION PLAN C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT 3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS A. MANAGEMENT PLAN REQUIRED B. ON-SITE INSPECTIONS 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.9.1. GENERAL 3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN 3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO SINGLE-FAMILY AND TWO-FAMILY LOTS 3.9.10. REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED B. APPLICATION CONTENTS C. REVIEW PROCEDURES TAL#532626.5 1 5 8 AC~.NDA ITEM FEB 1' 1,. 200t /f& 1. ISSUANCE OF PERMIT 2. DENIAL OF PERMIT 3. PERMIT FEES D. VEGETATION REMOVAL PERMIT EXCEPTIONS 3.9.10.2.AGRICULTURAL LAND CLEARING A. LAND CLEARING PERMIT 1. APPLICATION 2. DETERMINATION OF COMPLETENESS 3. CRITERIA FOR REVIEW OF APPLICATION 4. ISSUANCE OF PERMIT 5. RENEWAL OF AGRICULTURAL CLEARING PERMIT 6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT B. LAND CLEARING NOTICE 3.9.11. ENFORCEMENT 3.9.11.1 PENALTIES A. FINES B. RESTORATION STANDARDS 3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS 3.9.12 3.9.13 A. MITIGATION B. REQUIREMENTS FOR A MITIGATION PLAN C. SITE-SPECIFIC REVIEW CRITERIA D. COUNTY REVIEW OF MITIGATION PLAN E. MONITORING AND REPLANTING F. DONATION OF LAND OR FUNDS APPEAL OF ENFORCEMENT SUSPENSION OF PERMIT REQUIREMENT TAL#532626.5 3.9.1. TITLE AND CITATION. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. PURPOSE. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in opt ~ ~'"X~t)A areas by promoting the preservation of existing plant communities. To li nit 159 FEB I 1200 removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. APPLICABILITY. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal govemment to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. EXEMPTIONS AND EXCEPTIONS. A. NBMO EXEMPTION. Development in NBMO Receiving Lands are exempt from the provisions of this Division. B...:. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. ~_In accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4.. through and 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. PRE-EXISTING USES. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted nd A~A I'r~ which have been determined to be vested from the requirements of the F hal 160 FEB 1 1, 200 I TAL~532626.5 Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary_ to the existing uses. 2. Such previously approved developments shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU District as long as they do not result in an increase in development density or intensity. EXEMPT MANGROVE ALTERATION PROJECTS. Mangrove alteration proiects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of Section 3.9.4. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division would impose a unique and unnecessary_ hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. ~1~.; ...... :~ A:~+ ..... *-;1 ~11 ~1:~1..,1~ 4:'~,.-1~1 ~,-1 ~+~+~ ,-,,.-.r,1 ,.,^,,,.-.+ .......... 1e TAL#532626.5 1 6 1 AGENDA ITEM No. FEB 1 t . Oq ,4 TAL#532626.$ 162 AGENDA ITEM No. ~ 1 ~'2¢fl~ ~11 ~1~ ~ .... +~+~ 3.~.4. VEGETATION P~SERVATION STAND~S. All development not specifically exempted by this ordinance shall incorporate, preservation standards contained within this section. 3.9.4.1. A. at a minimum, the GENERAL STANDARDS AND CRITERIA. The preservation of native vegetation shall include canopy, under-storg and ground cover emphasizing the largest contiguous area possible, except a.q otherwise provided in Section 3.9.7.1 .E. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of Section 3.9.7. Single family residences are exempt from the requirements of Section 3.9.7. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory_ in Sections 3.9.5.3.A and 3.9.6.3.C: 1. Onsite wetlands having an assessed functionality of 0.65 or greater; 2. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; 3. Any upland habitat that serves as a buffer to a wetland area, TAL#532626.5 163 AC, ENDA ITEM FEB 1 t: 2O0q ..._ Iq/_ .i 3.9.4.2 4. Listed plant and animal species habitats, 5. Xeric Scrub, 7. Dune and Strand, Hardwood Hammocks, 8. Dry Prairie, Pine Flatwoods, and 9. All other upland habitats. 10. Existing native vegetation located contiguous to a natural reservation. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. To the greatest extent possible, native vegetation, in quantities and types set forth in Division 2.4, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA DISTRICTS. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. This Section shall not apply to single-family dwelling units situated on individual lots or parcels. TAL#532626.5 1 64 A. REQUIRED PRESERVATION. Development Type Coastal High Hazard Area Non-Coastal High Hazard Area Less than 2.5 acres 10% Less than 5 acres 10% Residential and Mixed Equal to or greater Equal to or greater than 5 acres Use Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 acres 25% Golf Course 35 % 35 % Commercial and Industrial Less than 5 acres. 10% Less than 5 acres. 10% Development and all other non-specified development types Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the 50%, not to exceed 25% of the Industrial District only) proiect site. proiect site. Be EXCEPTIONS. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989; 2. where the parcel cannot reasonably accommodate both the application o native vegetation retention standards and the proposed uses allowed und this Code, subject to the criteria set forth in Section 3.9.7.1 .E. TALg532626.5 165 F£l t t. 2001 3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For l,ands within the RFMU District, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in Section 3.9.4.1 above: A. RFMU RECEIVING LANDS OUTSIDE THE NBMO. A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU Sending Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. c. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. TALg532626.5 B. NEUTRAL LANDS. 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. bo Where schools and other public facilities are native vegetation retention requirement shall vegetation present, not to exceed 25% of the site. co-located on a site, the be 30% of the native C. RFMU SENDING LANDS. 1. In RFMU Sending Lands that are not within a NRPA, 80% of the native vegetation present on site shall be preserved, or as otherwise permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall be allowed in satisfaction of up to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, if such off-site preservation is located within or contiguous to Sending Lands. 2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation present shall be preserved or such other amount as may be permitted under the Density Blending provisions of Section 2.6.40. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention require ~nt ac~.~ tr~ applicable in such NRPAs. ~ 166 trE8 1 t. 2~ D. GENERAL EXCEPTIONS. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property fights of owners of smaller parcels of land within the RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, parcels or fractional units of land or water equal to or less than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional unit, whichever is greater, exclusive of any cleating necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcel~ greater than 5 acres but less than 10 acres, up to 20% of the parcel may be cleared. This allowance shall not be considered a maximum clearing allowance where other provisions of this Plan allow for greater clearing amounts. These cleating limitations shall not prohibit the cleating of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25. Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation requirements may be reduced to 50% if the permitted uses are restricted to the portions of the property that are contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. Discretionary Exception for Essential Public Services. The community development and environmental services administrator, or his/her designee, may grant written exemptions to the above preservation requirements on agriculturally zoned property for essential public services (as defined in section 2.6.9), where it can be demonstrated that the preservation requirements and the Essential Public Services cannot both be reasonably accommodated on the site and it is in the best interest of the general public to allow a reduction in all or part from the requirements for preservation of' existing native vegetation. 3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within the FLSA District, native vegetation shall be preserved pursuant to the RLSA District Regulations set forth in Section 2.2.27 of this Code. 3.9.4.5 DENSITY BONUS INCENTIVES. Density Bonus Incentives shall be granted to encourage preservation. OUTSIDE RURAL VILLAGES. In RFMU Receiving Lands not desi..gnated a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements sel forth in Section 3.9.4.3, once a density of 1 unit per acre is achieved through the use of TDR Credits. each acre of native vegetation preserved on-site that exceeds the requireme: TAL#532626.5 1 67 INSIDE RURAL VILLAGES. In RFMU Receiving Lands designated as a Rural Village, a density bonus of 0.3 dwelling units per acre shall be grant. ~ for ts setaa~A tr~ ~-3 / forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5 WETLAND PRESERVATION AND CONSERVATION. 3.9.5.1 PURPOSE. The following standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards apply to all of Collier County, except for lands within the RLSA District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be protected as follows, with total site preservation not to exceed those amounts of vegetation retention set forth in Section 3.9.4.3, unless otherwise required. 3.9.5.2. URBAN LANDS. In the case of wetlands located within the Urban desir .treated areas of the County, the County will rely on the jurisdictional determinations made by the applicable state or federal agency in accordance with the following provisions: A. Where permits issued by such jurisdictional agencies allow for impacts to wetlands within this designated area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. The County shall require the appropriate jurisdictional permit prior to the issuance of a final local development order permitting site improvements, except in the case of any single-family residence that is not part of an approved development or platted subdivision. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafforcl/Camp Keais system. These wetlands require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall apply in this area. 3.9.5.3. RFMU DISTRICT. Direct impacts of development within wetlands shall be limited by directing such impacts away from high quality wetlands. This shall be accomplished by adherence to the vegetation retention requirements of Section 3.9.4.3 above and the following: A. STANDARDS. 1. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate the functionality of wetlands using the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have already been issued an Environmental Resource Permit by the state, the County will accept wetlands functionality assessments that are based upon the South Florida Water Management District's Wetland Rapid Assessment Procedures (WRAP), as described in Technical Publication Reg 001 (September 1997, as update August 1999). The applicant shall submit to County staff these respective assessments and the scores accepted by either the South Florida Water Management District or Florida Department of Environmental Protection. TAL~532626.5 Wetlands documented as being utilized by listed species or servll corridors for the movement of wildlife shall be preserved on site, regard] 168 whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. TAL//532626.5 Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.3. 4. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. 5. Single family residences shall follow the requirements contained within Section 3.9.5.4.B. 6. Preserved wetlands shall be buffered from other land uses as follows: a. A minimum 50-foot vegetated upland buffer adjacent to a natural water body. b. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. c. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. d. The buffer shall be measured landward from the approved iurisdictional line. e. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. f. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. g. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2)Pervious nature trails; (3) Water management structures; (4)Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. 169 FE3 1 t,233'~ B. MITIGATION. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions, in adherence with the following requirements and conditions: 1. Mitigation Requirements: a. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. b. Prior to issuance of any final development order that authdfizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. c. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for projects that do any of the following: a. Increase wetland habitat through recreation or restoration of wetland functions, of the same type found on-site, on an amount of off-site acres within the Rural Fringe Mixed Use District Sending Lands, equa_! to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall project size, whichever is greater; or.. b. Create, enhance or restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, in an amount that is equal to, or greater than 50% of the on-site native vegetation preservation acreage required, or 20% of the overall proiect size, whichever is greater~ or c. Create, enhance or restore habitat for other listed species, in a location and amount mutually agreeable to the applicant and Collier County after consultation with the applicable jurisdictional agencies 3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is no net loss in wetland functions as prescribed above, 4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute mitigation. 3.9.5.4. ESTATES~ RURAL-SETTLEMENT AREAS~ AND ACSC. In the case of lands located within Estates Desi..tmated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations ar ~ permit requirements issued by the applicable jurisdictional agency, in accordance with following: TALg532626.5 1 70 F[~ A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 3.9.5.5. RLSA DISTRICT. Within the RLSA District, wetlands shall be preserved pursuant to Section 2.2.27. 3.9.5.6 SUBMERGED MARINE HABITATS. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION. TAL#532626.5 3.9.6.1 PURPOSE AND APPLICABILITY. A. The purpose of this Section is to protect natural reservations from the impact of surrounding development. For the purpose of this section, natural reservations shall include only NR_PAs and designated Conservation Lands on the Future Land Use Map. B. For the purposes of this Section, development shall include all projects single- family dwelling units situated on individual lots or parcels. 3.9.6.2. REVIEW PROCESS. All requests for development contiguous to natural reservations shall be reviewed as part of the County's development review process. 3.9.6.3. RFMU DISTRICT REQUIREMENTS. The following criteria shall apply within the RFMU District only. A. OPEN SPACE. Open space shall be required to provide a buffer between the project and the natural reservation. 1. Open space allowed between the project's non-open space uses and the boundary_ of the natural reservation may include natural preserves, natural or man-made lakes, golf courses, recreational areas, required yard set-back areas, and other natural or man-made open space requirements. 2. The following open space uses are considered acceptable uses contiguous to the natural reservation boundary: a. preservation areas; b. golf course roughs maintained in a natural state; c. stormwater management areas; d. pervious nature trails and hiking trails limited to use by nonmotorized vehicles. FEB B. OPEN SPACES AS BUFFERS. 1. Thc uses in paragraph A.2 above arc encouraged to be located as to provide a buffer between thc natural reservation and more intensive open space uses, including playgrounds, tennis courts, golf courses (excluding roughs maintained in a natural state), and other recreational uses and yards for individual lots or parcels, or open space uses that arc impervious in nature. These more intensive open space uses may not bc located closer than 300 feet to the boundary of thc natural reservation. 2. In addition, where woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests, and wading bird roosts are found in the adiacent natural reservation, the open space uses identified in sub-sections B.2.a. through c are considered acceptable for placement within a buffer ax specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 fccg b. Wading bird roost - 300 feet~ c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications arc based upon thc review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth Management Plan. C. CONTIGUOUS NATIVE VEGETATION. Existing native vegetation that is located contiguous to the natural reservation shall be preserved as part of the preservation requirements specified in Section 3.9.4. D. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed species. provision shall be made to accommodate the movement of the listed species through the pr0iect to the natural reservation. The County shall consider the recommendations from the USFWS 3.9.7. PRESERVE STANDARDS 3.9.7.1 DESIGN STANDARDS A. IDENTIFICATION. Native vegetation that is required to be preserved or mitigated pursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be identified in the following manner: 1. The Preserve shall be labeled as "Preserve" on all site plans. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% TAL#532626.5 identified at the time of the next development order submittal 172 FEB1 1 200 i 3. The Preserve shall be identified at the time of the first development order submittal. B. MINIMUM DIMENSIONS. The minimum width of the preserve shall be: 1. twenty feet, for property less than ten acres. 2. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. 3. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. C. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, proiects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. D. PROTECTIVE COVENANTS. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such ax tility j ~,,~ ~ ~ u or access easements, may pro ect into ~'~..,~ a Preserves '?'ch, .. . ~, ......... ~, tract. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all TALtt532626.5 preserve easements shall be dimensioned on the final subdivision plat. E. CREATED PRESERVES. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. 1. Applicability. Criteria for allowing created preserves include: a. Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing. locations; b. Where the existing vegetation required by this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation~ c. Where native preservation requirements cannot be accommodated, the landscape plan shall re-create a native plant community in all three st (ground covers, shrubs and trees), utilizing larger plant materials so a ~ to 173 No. more quickly m-create the lost mature vegetation. These areas shall be identified as created preserves. d. When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted. regardless of the size of the project. e. When small isolated areas (of less than ½ acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of ½ acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. f. When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road ali.gnments required by the State, preserves may be impacted and created elsewhere on site. Required Planting Criteria: a. Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 2.4.4. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 fl mature spread) and forty foot on center for trees with a large canopy (greater than 30 fi mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natur~ai plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. b. Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property ha.*. less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property ba~ equal to or greater than twenty acres and less than eighty acres of existing native vegetation. (3) not more than 10% of the required preserves if the property hl to or greater than eighty acres of existing native vegetation. 174 TAL#532626.5 s equ~_~_"NDA ITF.~ ~ c. The minimum dimensions shall apply as set forth in 3.9.71.B. d. All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation coverage. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. PRESERVE MANAGEMENT PLANS. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will function as proposed. A Preserve Management Plan shall include the following elements: 1. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. 2. Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. 3. Designation of a Preserve Manager. A Preserve Manager shall be identified as the responsible party to ensure that the Preserve Management Plan is being complied with. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the homeowners association shall amend the plan to provide the homeowner association information and information regan TALg532626.5 person hired by the association to manage the preserve. The homeown association and the preserve manager shall be responsible for annual 175 FEI3 1 t .... . ,~ maintenance of the preserve, in perpetuity. minimum, the Preserve Manager shall have the same qualifications as are reauired for the author of an EIS, as set forth in section 3.8.4. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with Section 3.11.3. Where site conditione require prescribed bums, a fire management plan will be developed and implemented. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with Section 3.9.8. H. ALLOWABLE USES WITHIN PRESERVE AREAS. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in 3.9.7.2 TAL#532626.5 a manner that will not cause any negative impacts to the preserve, such pervious pathways, benches and educational si, .ens are permitted in the preserve. Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.11.3.1 .C. Fences and walls are not permitted within the preserve area~ INSPECTIONS AND MAINTENANCE. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES. The, preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: 1. Prior to preliminary acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; 4. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two-year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted tveard§ this coverage requirement. 176 B. ANNUAL MAINTENANCE. Annual maintenance shall be required according to the Preserve Management Plan 3.9.7.3. REQUIRED SETBACKS TO PRESERVES. A. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. B. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.9.5.3.A.6. 3.9.7.4 EXEMPTIONS. A. Single family residences are subiect only to the applicable vegetation retention standards found in 3.9.4. B. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of 3.9.7, formerly 3.9.5.5.6, which were adopted on or after June 19, 2003. 3.9.~.8.~. VEGETATION ~ PPROTECTION AND PP, E£ERX. TAT!ON REMOVAL $STANDARDS. 3.9.~. 8..:.1. VEGETATION t~PROTECTION STANDARDS. ...... 1. A...~. GENERAL. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department, before occupancy or use unless approval for their removal has been granted under permit. 2.9.8.1.2. B...~. FILLING AND CONSTRUCTION DEBRIS. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, liquids, or construction debris, shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 2.9.~. 1.3. C._: ATTACHMENTS. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. ~ D_..:. EXCAVATION. Unless otherwise authorized by the vegetatio removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. TAL~532626.5 1 77 FES 1 1,200 2.9.2. ! .5. E.~.. PROTECTIVE BARRIERS AND SIGNAGE. 1. Installation of protective barriers and sil~nage. All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless otherwise approved to be removed by the development services director's field representative. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. Signage shall be placed around the preserve areas to identify and protect thc preserve during construction. The bounda_W of the Preserve shall be posted with appropriate signage denoting the area as .a Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. Applicant's representative required. The applicant for a vegetation removal permit shall, at thc time of application, designate representative(s): -1-)a. Who shall be responsible for the installation and the maintenance of all tree protection barriers. -2-)b_Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. ~c.._Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall bc highly visible and constructed of wood stakes set a maximum often feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. 4:d.__Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall bc placed around thc trec at a distance from the trunk of six feet or beyond thc dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 3.9.~ 8..~.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF PROTECTED VEGETATION. STANDARDS. Thc development services director may approve an application for vegetation removal permit based or ~ c,.. .... ..,. · · · ............... ~, criteria: ~f it is determined that reasonable efforts have been undertaken in the layout and design ofth, proposed development to preserve existing vegetation and to otherwise ertl TAL#532626.5 1 78 AOENDA ITEM ancq Io. FEB 1 1, 200~ the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 349-.5~. 1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 2.9.5.2.3. A final local development order has been issued which requires removal of the protected vegetation. 2.9.5.2.4. Compliance with other codes and/or ordinances may involve protected vegetation removal. Replacement of nonnative vegetation shall be with native vegetation ~-----w-~,--,-~'~ ~--v,--~: ..... ,~.,,'~ ,.,,, .... and shall be subject to the approval of the development services director or his/her designee. vegetation shall comply with the standards of Section 2.4.4 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.7. 6_ On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. ?AI-~532626.5 1 79 FEB 1 1,200 .7.0? ~. 7_ The proposed mangrove alteration has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17- 321.802, or 17-321.803 as may be amended. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. 3.9.5.2.9. 8_ Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. VEGETATION RELOCATION PLAN. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the development services director provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the development services director. LANDSCAPE PLANT REMOVAL OR REPLACEMENT. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in Division 2.4. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. 3.9.5.3.8.3. MANAGEMENT PLAN AND INSPECTIONS. MANAGEMENT PLAN REQUIRED. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.1_. Whether or not the existing vegetation is to be preserved in the existing species composition. TALg532626.5 .... 5.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). g49-.-.-.-.-.-.-.~.3.The maintenance schedule for the removal of invasive species. 3~¢5-.3.4. The maintenance schedule for the removal of debris. 180 '2OO'1 ........ 5.Other information that may be required by the development services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. ~ B.~. ON-SITE INSPECTION. The development services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the ~ standards set forth in section 3.9.8.5 below. TA~532626.5 1 8 1 age ~ FEB 1 1:'200 .a+ '1..,=, ,;--+ .... +~,-.1 +^ .11 .... ,.-1 .... ! ..... +; ..... +1.-,,-,,-1,-, .!,.,~,,1,-1 +1., ..... .... +.;,I-,,+ ..... +1.,~-- "')~ ...... + ,-,,4"+1,.~ ~:{-~ 123' .... i-;~--. T., ....... ,-,.l:'..,.-,.;+.;~.+.;,-,,,,,,, ,;,., +1.,.. """ '" ' ""E:,'" ...... . ,.., ...... ~., ..w ~ ,.; ,,,.,,. ,. ,.. ,.~,..,,.,~ ..... ,., w,.,, .... j ,aw, ..... lnn a,¢'nll ..iC'+l-,~m ;~ .... ;Kln LT ......... +1-,;,-, ,,~,,~,1;.,., ~ha11 .^+ 1,.n .;--+ .... +a,-1 +.. · . ....+~+;^. ,r,~, ............ 4 w~.o foil i g ~; ' 1' ~; .... ~'"" pp!y: Onu ............. ,. ............ ro ..... ; ..... + ...... ;J..4 +h.+ .......... 1.~.~--.~ ~-.+"1n..4 4' ...... h nn-.~..l* .... 1 ...... 1., ,11 TAL~S32626.$ 182 AC-.~A ITEM No. FEB'I 1.200 TAL~532626.5 18 3 A~A ~ FEB 1 1 20~4 ~. ~// TAL#532626.5 ,.. ....... ,...~,.,,.~,.,.,.. /.,,,,..,~,.,., ,., ,.,,,.i,,....,.,~.....,.,.,.,. .... ,~,,.., .... ,.~,., i,.,~,..,,.,,..,., ,.,,., ~,,.,.. .... 1 ..... ;.1-, ~11 .......... U? ,..w ~k,.,~.~ 1~,.,.,~,,~....., ,_,,a .... ,~j --,..,,~ ,.-,-., ,a,l,.,l,-.,.-,,.,~ ,.,., ~.., l.,.u.,.,...,,.; ....... ,., . , ,:i ..... ,.,,,.,,.,. v,.,, j.,,.,..,,,.,.,., ,., ,,..,..,-- -,.,,',-i_~*.,.w ,. ,a.,. ~,~,.,~v,j ~. ,., ,.,,,,.,... ,~,,,., A~41:)A ITEM FEB 11, 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION. 3.9.9.1 .GENERAL A. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. B. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of Section 3.9.8.1. C. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: 1. From all rights-of-way, common area tracts not proposed for development. and easements prior to preliminary acceptance of each phase of the subdivision improvements. 2. From each phase of a site development plan prior to the iss~_;ance of the certificate of occupancy for that phase. 3. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. 4. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. D. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall. prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. E. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. F. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic, vegetation is removed, but the base of the vegetation remains, the base shal treated with an U.S. Environmental Protection Agency approved herbicide visual tracer dye shall be applied. TAL#$32626.5 18 5 ~be md a mA ~ I 1 ..... 3.9.9.2. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum, Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this division. 3.9.9.3. APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON SINGLE-FAMILY AND TWO-FAMILY LOTS. In addition to the other requirements of this Division, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lot.q which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.10 REQUIRED PERMITS AND NOTICES 3.9.10.1. VEGETATION REMOVAL PERMIT A. OTHER PERMITS REQUIRED. No vegetation removal permit or final development order authorizing site clearing or site improvements shall be issued by the development services director until all applicable federal and state, and County approvals as designated by the development services director have been obtained. These approvals may include, but are not limited to: 2. 3. 4. 5. 6. 7. 8. 9. B. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) Special treatment (ST) development permits. U.S. Army Corps of Engineers permits or exemptions. Florida Department of Environmental Protection permits or exemptions. U.S. Fish and Wildlife Service permits or exemptions. Florida Fish and Wildlife Conservation Commission permits or exemptions. South Florida Water Management District permits or exemptions. Other applicable agency reviews or permits or exemptions. Other county approvals. APPLICATION CONTENTS. Application for a vegetation removal permit shall be submitted to the development services director in writing on a form provided by the development services department. The application shall include the following information: TALg532626.5 186 1. A generalized vegetation inventory which includes: Generalized vegetation inventory superimposed on a current aerial A generalized vegetation inventory shall show the approximate location and extent of vegetation on the site. The inventory shall be based upon the most current available information. The inventory shall be in the form of bo an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey, but shall clearly indicate habitat types and protected vegetation, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation referenced to position~ on the aerial or survey. The generalized vegetation inventory shall be. prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rariW, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. c. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. 2. A site plan which includes: a. Property dimensions. b. Location of existing infrastructure and alterations. c. Location of proposed structures, infrastructure and alterations d. The location and species of all protected vegetation. Large stands of a single species, such as cypress heads, may be indicated as a group with an approximate number or area. e. Designation of all protected vegetation proposed for removal. f. Location and details of protective barricading of the vegetation to be retained.. g. Description of any proposed alteration of mangroves. h. Description of any proposed maintenance trimming of mangroves. 3. executed statement which includes: Name, address, and phone of property owner ao TAL~532626.5 187 b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g.Signature of property owner or copy of a specific contract signed by property owner. .... 6. C_.:. REVIEW PROCEDURES. ~1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development ice di ,a.a c~. serv s rector, ...... mm ore ~1,~,,~, ..... ~,o +~,~ dir-eomr-may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days ..... · ~. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida dD_epartment of e_Environmental pProtection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director ~"d c ........... ,~,,,+; .......... ..... ' ........... ~;~'~";'~ Th d 1 p i di ...... ., ...... ~ ............~ ..... e eve o ment serv ces rector ,a--~ conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal. A violation of these conditions shall constitute cause to void the vegetation removal permit. 2.9.10.2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 2.9.10.3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee ........... , ........... ~, ................. , "., ,' ~.... apprcval established by resolution of the bB_oard of oCounty oCommissioners. ~ D. VEGETATION REMOVAL PERMIT EXCEPTIONS TAL8532626.5 1 88 FEB 1 1 200t 3.9. I 0/.2. l_.Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for cleating one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), agriculture (A) or estates (E), or other nonagricultural, non-sending lands, non-NRPA, noncommercial zoning districts in which single-family lots have been subdivided for single-family use only, where the following conditions have been met: (4-) a_ A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or (2) b_. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre~ ..... fo!! i ........ A 1.,,., *T.~. A .... 1 ..... * ,-.,:.. · i~.,.~., .., ,.."1;'~"**"',.,.,,..,. l-"'""~'d ~.. +^,v +1-......., ........ · .. ,~..1 ofany 43~M4h4~. 2_ A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 2.9. ! 9.~.5.3~ A vegetation removal permit is not required for the removal of protected vegetation.~..._~-*" ~- +~-......n-, a ~v-~--.-.--;'"~" tr¢c~ from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the descr purpose. TAI-~532626.5 189 3a. gA-0,4~_ A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch swath that is less than three feet in width. ~-~A~.A~ ~,e+k.;, ,-1;,,;M ........ 1,4 ; .... ,:. ,', ,,~; ...... A ........... 1,,~,.,-1,,1,,;~ ^~ +1-,.. ...... "~'"'~'"*'"'" '-'~ ~-'~ '--"-"-"-' l-".~,.j ,,,~ ,. ,.,,..-',..'-,. --,aa-~,.,.,.,,l., $a. gd4h4~. 5_ A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 6. A vegetation removal permit is not required for the hand removal of Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic Vegetation shall require a vegetation removal permit. Mechanical clearing is defined as cleating that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 3.9 ..... 10.2 AGRICULTURAL LAND CLEARING. A. LAND CLEARING PERMIT. A permit for cleating of agriculturally zoned land for bona fide agricultural uses that do not fall within the scope of sections 163.3162 (4) or 823.14(6), Florida Statues, as define~ by t~ir, c,v. de~ shall be required for all agricultural operations except as exempted by,.-,~..v..""~+;^- ............ ~ a ,; ~ ,: ~,~c tk-:: C,v.~c 6 below.. 3.9.5.5.1. Application. An application for an agricultural cleating permit shall be submitted in the form established by the development services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, as applicable, shall be addressed as part of and attachments to the agricultural land cleating application: TAL~532626.5 (1) a_. If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been issued by the development services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code division 2.2, section 2.2.24ru TAL#532626.5 may be simultaneously reviewed with the agricultural clearing permit application. (:2-) b_ The application, including generalized vegetation inventory and clearing plan as outlined in sections 3./.c~ ~..~.,) !, ~.~.'~ o ~..~.,.,) ,) ~L,~n~'~ 3 .9 . ~ .2 .3, 3.9.10.1.B. 1 and site visit (if required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant has been informed of the rezoning restriction which granting the permit shall place on his property. (-3-) c_ The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. (4-) d_The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or exemption, if required by SFWMD. (-5-) e_. The applicant has obtained and produced a copy of the United States Army Corps of Engineers (ACOE) permit or exemption, if required by the ACOE. (6) f. The applicant has submitted data relating to wetland impacts and protected wildlife species habitat subject to Collier County growth management plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County Land Development Code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. ~,~r'~x ~ The property owner, or authorized agent, has filed an executed agreement with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by ........ ~ o ~: ~o~ h below. If the clearing is expected to occur over a period greater than two years, this will be stated on the application and may be addressed as a condition on the agricultural clearing permit if determined by staff to be appropriate. ~-,~r°~ h. The property owner, or authorized agent, has filed an executed agreement with the development services director stating that the owner/agent is aware that the Collier County bBoard ofoCounty (~Commissioners will not rezone the property described in'he agricultural clearing permit for a period often years from the date of approval c agricultural clearing permit by the development services director, u 191 'the ~, lessno. FEF I i 200 for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.11.2. Determination of completeness. a_ After receipt of an application for an agricultural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9 ..... 1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness may be made in accordance with the following: b_ Where the applicant submits, as part of the application for an agricultural clearing permit, a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or ~ an ACOE permit or exemption, -~, '-vt ....... , a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further eCounty review and providing that all other deficiencies in the application have been addressed. 3.9.5.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon ~ the determination of completeness or modified determination of completeness ,,.,~. ^. ;-r^~.+;,.,_,.,., -,.,., ,,,;~ eq '~ d +^ .,q,4 ........ ; ...... ,,.,1; .... .,, ............. I' Il re ..a.,."' ..-;"c"~"+;~".. . - ..c"^~_ +~','~ .... "vv-~,.--~;~'~"* The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: .................. t-' ......... Or -q ~.a_. An on-site inspection has been made by staff, if indicated. ~.b_. Environmental impacts, including wetlands and protected wildlife species habitat(s) shall have been addressed in accordance with the requirements of thc Collier County growth management plan and thc Land Develop: Code, as may be amended from time to time. ~92 FEB TALg532626.5 TAL~532626.5 c_ Additional data and or information required by the o_County to address environmental impacts shall be submitted by the applicant upcn ~;* oT.,.ll 1.~ ,-I~A ,1~1~. +1~ .... 1~+ 1-, .... +;+~A +1..~ 3-x.9~-3~. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with s~fifm~x.9~ 3 above, the development services director or his designee shall grant the permit, grant with con OhS or deny the permit, in writing:. ................. ,.,,...~,, · ,,~,.~,..- .....~ ,a w.,,..,..,l,,.,,,~,w,.. ""1-'1-' .... ,..,..,.. ,,.,. ,..,a,. ,.,..~,. .... ,.,.,..,..,,. ~.,.,a. ....~ l,,w**,.,..,,,, j- .......... ~. ............ F~ ........... r .......... sec on ~;+ ........v. +;..,.~ r-..~,.,. ,~,~ emxr~r~ hr ACOE. Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. 3x,9~.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the development services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity in acczrdn~nce with thc, ..... ; ..... .~ AC ~*;~--,~. -~.,.,~..~v..~ O ~: ~ ~ ,,.~C**':°,...o r'^,~ ,~ Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit conditions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 2.9.6.5.6. Exemptions for aerieultural clearing permit. &a_. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within two years of the permit issuance date, or for operations which can demonstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemptions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for agricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural operation. ~..b__:. Upon issuance of an agricultural clearing [permit] or as exempte~ activities necessary for the ongoing bona fide agricultural use and 193 maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas previously permitted or exempted from this section; fire line maintenance; approved wildlife food plots; or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. 3:. c_ No agricultural clearing permit shall be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God prz:'i~!ng provided that: a,.(1) The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; IM2) The tree is not a specimen tree; 0~(3) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; 4(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. ed~ No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. LAND CLEARING NOTICE. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a legal description of the land cleared, or such other description as is sufficient to document the specific location of the cleared land; 2. the date on which land clearing will begin; 3. the date on which land clearing is expected to be completed; 4. a vegetation inventory identifying the acreage of existing native vegetation on site prior to any site clearing; and 5 a signed agreement acknowledging the 25-year prohibition on the creation of TDR Credits from land cleared for agricultural operations after June 19,; as set forth in Section 2.6.39.3.D.2; and TAL/t532626.5 194 ~G2, A~A ~TE~ No. FEB 11.200 if the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non- agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of Sections 3.9.4 through 3.9.6, as provided in Section 3.9.3.1 .C. ...................... ~ ........ , ......... e. ....... t-'t-' ....... prOVl~lC.'~:', o_J' r .............~ ................. p t /A ~ · 195 v TAL#532626.5 FEB 1 1.200 ,24Z TAL#532626.5 3.9 .... ] ].]. ]. ~e failure of a p~ope~y o~e~ o~ any othe~ peTson to obt~n ~ approved -~ ................. ~ pe~it as required in~,~,.~..~*~+;~- ~.~.~. ~ n ~ 4..~ this Division shall constitute a misdeme~or ~d each protected living, woody pl~t, constituting protective vegetation, removed in violation of this Code shall constitute a sep~ate and distinct offense ~d upon conviction shall be punished by a fine not to exceed $500.00 per violation or by impfiso~ent in the co~tyjail not to exceed 60 days, or by both such fine ~d impfiso~ent, h addition to or in lieu of the penalties provided by general law for violation of ordin~ces, thc bo~d of county co~issioners may bring ini~ctive action to enjoin the removal of vegetation in violation of this Code. 2. The faille of a property owner or ~y other person, who obt~ns a~cultural cle~ng pe~it or provides notice of a~cultural cle~ng pursuant to Section 3.9.10.2, to put the subject premises into a bona fide a~cultural use as~,~...~;-~a -.; .... ~..~..*;~ 3 a ~ ~ ~ rvx shall constitute a misdemeanor fo ...... r ....... :er:icc: 4ir~*-~ and each protected living, woody pl~t, constituting protective vegetation, removed in violation of this Code shall constitute a sep~ate ~d distinct offense ~d upon conviction shall be 196 AGENDA ITEM FEB '1 1 200q 2,25`/ punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. .......................· - · · ..... ,.,....,,. ,.,..,..., 3. o,1., ........................ -- .. ~'j ..-,-,.-i,.,--,.,,.--~,.,.--.,--,. ,... ,~..w w,.,,,,..,..,.j j~...,,.,,.,,, ,,,., ,a.,.,, B._: RESTORATION STANDARDS. If an alleged violation of this Code has occurred and upon agreement between the development services director and the violator, or if they cannot agree, then, upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: ~.~ ^.~.~ ~ The restoration plan shall include the following minimum planting standards: (-1-) a_ In the successful replacement of trees illegally removed, replacement trees shall be of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. r-,~ _b.Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida department of agriculture and consumer service. (-3-) c_All replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a seven foot crown spread and have a minimum dbh of three inches. (4-) d_.Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. A maintenance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code). ~-,Jtex _e. It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. ~. In the event that identification of the species of trees is impossible for m reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. TAL#532626.5 197 FEB 1 1 2006 {C:,-)3.The understory vegetation shall be restored to the area fi.om which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. 0;~)4_ If the unlawful removal of trees has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. t,.~.~_ In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. ~-tm~,-. he development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. t--,J, .tr'-w The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.6~.11.2. CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS. A. MITIGATION 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts b ii,,~; mitigated for. Off-site mitigation shall be on lands under the control of a TAL#532626.5 public agency, or identified for public acquisition, or on lands protected fi 198 FEI3 1 1 future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. 2.9.5.9.1. B..~. REQUIREMENTS FOR A MITIGATION PLAN. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. 3. The plan shall designate the person's name, address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. 2.9.5.9.2. C._:. SITE-SPECIFIC REVIEW CRITERIA. 1. All plants used for mitigation shall be native Florida species. TALg532626.5 1 99 FEB1 1 200 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foliated according to the accepted normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall at the time of planting and shall have a minimum dbh (diameter at breast height) of three inches. 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the temperature tolerances of the plants. 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation (section 3.9.6.4.1) in the mitigation area shall be required. 2.9.5.9.3.mD. COUNTY REVIEW OF MITIGATION PLAN. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. ~ E_.: MONITORING AND REPLANTING. 1. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of five reports will be submitted. Reports shall be due at one-year intervals. 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the - mitigation plan shall be reevaluated by both the consultant and the coun ~, and a revised plan will be instituted. This condition shall not apply to all TALtt532626.5 200 FEB ! ! 200~ mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. 3.9.6.9.5. F_: DONATION OF LAND OR FUNDS. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.11.2.A. 3.9.6.9 3.9.6.9.4 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.:k. 12. APPEAL FROM ENFORCEMENT. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.813. SUSPENSION OF PERMIT REQUIREMENT. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.&13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.&13.2. The vegetation removal is necessitated by disaster related damage. 3.9.&13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). TAL~$32626.5 201 A~A ITE~ FEB1 1 200, TAB M 3.11 LISTED SPECIES TALg532626.5 202 DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECLES PROTECTION. 3.11.1 GENERAL 3.11.1.1 TITLE AND CITATION 3.11.1.2 PURPOSE 3.11.1.3 APPLICABILITY AND EXEMPTIONS A. GENERAL APPLICABILITY B. EXEMPTIONS 3.11.2 EIS AND MANAGEMENT PLANS 3. ! 1.2.1 EXEMPTION 3.11.2.2 EIS 3.11.2.3 MANAGEMENT PLANS A. GENERAL REQUIREMENTS B. REFERENCES 3.11.3 PROTECTIVE MEASURES 3.11.3. ! GENERAL 3.11.3.2 SPECIES SPECIFIC REQUIREMENTS A. GOPHER TORTOISE B. FLORIDA SCRUB JAY C. BALD EAGLE D. RED-COCKADED WOODPECKER E. FLORIDA BLACK BEAR F. PANTHER G. WEST INDIAN MANATEE H. LOGGERHEAD AND OTHER LISTED SEA TURTLES 3. ! 1.3 PENALTIES DIVISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION 3.11.1 GENERAL. 3.11.1.1 TITLE AND CITATION. This division shall be known and may be cited as the "Collier County Endangered, Threatened, or Listed Species Protection Regulations." -- TALg532626.5 203 3.11.1_.2. PURPOSE. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: A__: Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; B.~. United States Fish and Wildlife Service (USFWS) as endangered or threatened; and C.~. Convention of Intemational Trade in Endangered Species of Wild Fauna, and Flora (CITES) on Appendix 1, Appendix II, or Appendix III. 3.11 .1 .3. ~. ,, a..~MPlll,, .c :,,.~.l~Ml~, a., ~, ,,,..., ~ ,PVTCTIMP*-, ~ ~ ~ , ~ .,t..,.,..,, ,,.,,.a.~.,., .,. I'tP ITP T fiDl/lP MT APPLICABILITY AND EXEMPTIONS. A. GENERAL APPLICABILITY. Except as provided in B. below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. B. EXEMPTIONS. The following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; 2. all development within the RLSA District, except as specifically provided in Section 2.2.27; and 3. all development within the NBMO, except as specifically provided in Section 2.2.31. 3.11.2 ElS AND MANAGEMENT PLANS 3.11.2.1.EXEMPTION. Single-family lots that are not part of a previously approved subdivision or SDP shall not be required to prepare an EIS or a management plan. 3.11.2.!2.2 EIS. An EIS is required as set forth in Section 3.8.5.7. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be 3.11.2.3 MANAGEMENT PLANS. - TALtt532626.5 204 Be GENERAL REQUIREMENTS. A wildlife management plan shall be required for all proiects where the wildlife survey indicates listed species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. REFERENCES. The following references shall be used, as appropriate, to prepare the required management plans; 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. All developments subject to this Division shall 3.11.3 PROTECTIVE MEASURES. adhere to the following: 3.11.3.1 GENERAL. A. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. B. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Co Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. Eo When listed species are directly observed on site or indicated by evidence, such denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in Section 3.9.4.1 .C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres. G. Letters of technical assistance from the FFWCC and recommendations from the USFWS shall be deemed to be consistent with the GMP. TAL#532626.5 205 mn~,~,GENDA ITE~ No. FEB 1 1 200 ~ ..... 11; A ~.l 1.].3 SPECIES SPECIFIC ~QUI~MENTS. On propc~y where thc wildlife su~cy establishes that listed species arc utilizin~ thc site or where thc site is capable of supposing listed species ~d such listed species c~ be ~ticipated to potentially occupy the site, the Co~t~ shall, consistent with the G~, consider ~d utilize reco~endations ~d letters of tec~ical assist~ce ~om the Flohda Fish and Wildlife Conservation Commission and written recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, may change the requirement.q contained herein and any such change shall be deemed to be consistent with tbi.q Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3 and 3.11.3.1: 2.11.2.4 A. GOPHER TORTOISE (GOPHERUS POLYPHEMUS). (1_.)- All gopher tortoises, their habitats and the associated comensals are hereby protected. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise and to alter, destroy or degrade the fimctions and values of their natural habitat, unless otherwise provided for in this section. (2._) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. (3~Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. (4:)-When gopher tortoises are identified on site, TALg532626.5 206 FEB 1 1.2004 (5 3- TAI-~532626.5 ~,-J*'~ v~--~,o~: ...... o~., .~: .... o~.-.*~ the protectio~m~agement pl~ shall include, but not be limited to the following items: ~ a cu~ent gopher to~oise s~ey, which shall be field-verified by plying se~ices staff; ~ a proposal for either maintaining the population in place or relocating it; ~ a site plan identif~ng the bound~es of the gopher toaoise prese~e; ~ ~e method of relocation ifnecess~; ~h the proposed supplemental platings if needed; ~ a detail of the gopher toaoise prese~e fencing; ~ ~ mainten~ce pl~ describing exotic removal ~d ~ identification of persons responsible for ~e initial ~d ~ual protectio~m~agement of the tonoises ~d the preseme area. Suitable gopher tortoise habitat shall be desi~ated on the site pl~ at the time of · e first development order submiaal. Suitable habitat prese~ed on site shall be credited to the presemation requirement as specified in section 3.9.~= of this Code. Suitable habitat shall be defined as having ~e following ch~actefistics: ~ the presence of well-drained, s~dy soils, which allow easy bu~owing for gopher tonoises;i ~ appropriate herbaceous go~d cover (if not present, supplemental food so~ces shall be pl~ted~i ~= generally open c~opy ~d sp~se s~b cover which allow sufficient sunlight to reach the ~ound,; ~d %~ t~ically, includes the presence of ~ existing gopher tortoise population. Offsite relocation plus may shall be pe~itted to meet all or p~ of the on- site gopher tortoise habitat presemation requirements ~der the following circmst~ces: a.) ~ere suitable habitat does not exist on-site; or, b.) ~ere a property o~er meets the minimum on-site native vegetation prese~ations requirements of this Code with jurisdictional wetl~ds ~d does not provide appropriate habitat for gopher tortoises as described above; or, 207 AC.-~DA c.) Where scientific data has been presented to the community development and environmental services administrator, or his designee, and an environmental professional opinion is rendered that the requirement to provide the required on-site gopher tortoise habitat preservation area will not be conducive to the long term health of the on site population of tortoises. 7. If an off site relocation plan is authorized under one or more of the above conditions, approval of such a plan and associated State permit, shall be obtained from the Florida Fish and Wildlife Conservation Commission. Where appropriate, a combination of on-site preservation and off-site relocation may be considered. t~:~ 8. When relocating tortoises on site, the density shall be reviewed on a case by case basis and no more than five tortoises per acre will be considered a suitable density. (-7-) 9_. When identifying the native vegetation preservation requirement of section 3.9.$7. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off- site adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language on the approved site development plan um~ ~ .~;~;~ ~ ...n~ ~^ ~u ..... cc ~;~ ~.~...~..~..~..~^~*~^~ ..~^r ~,~v~.~.~'~;'~ ~^'~^~..~o~o, ilt_ shall be a priority to preserve scrub habitat, when it exists on site, for its rare unique qualities and for being one of the most endangered habitats in Collier County, regardless of whether gopher tortoises are relocated off-site. ¢?0 10. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by planning services staff. (-9-) 11. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in ~-*'~*;~ 3 4 through 10 above~ when these lots are not a part of a previous development which has been required to comply with ~'~'~{:~-~ ~ ~ 1 ~ .................. t.r~ 4 through 1 0. However, gopher tortoises shall be protected pursuant to ....... ~'~ 1, 2 and 3 e-f--0d~q~fio~ above. B. FLORIDA SCRUB JAY. Habitat preservation for the Florida scrub (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The. required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to edu :ate residents about the on-site preserve and the need to maintain the scrub vege :ation~. ~^I~532626.5 208 FEB 1 1200 These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999. C. BALD EAGLE. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. D. RED-COCKADED WOODPECKER. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain, These requirements shall be consistent with the UFWS South Florida Multi- Species Recovery Plan, May 1999. E. FLORIDA BLACK BEAR. In areas where the Florida black bear (Ursus americanusfloridanus) may be present, the management plans shall require that earbaee be placed in bear-proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. PANTHER. For proiects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor corvi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the, Ge UFWS South Florida Multi-Species Recovery Plan, May 1999, and with the provisions set forth in this section.. WEST INDIAN MANATEE. The management and protection plans for the West Indian Manatee are set forth in Section 2.6.22. H. LOGGERHEAD AND OTHER LISTED SEA TURTI,ES. The management and protection plans for listed sea turtles shall be as set forth in Division 3.10. 3.11.4. PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates thi: division or fails to comply with any of its requirements shall upon conviction ther~ TALg532626.5 209 AGENDA ITEM · FEI~ 1 I 200~ be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. TALg532626.5 210 AC-Q~NDA 1 1.200 TAB N DIVISION 6.2 ABBREVIATIONS DIVISION 6.3 DEFINITIONS TALg532626.5 211 Ac, r=NDA rr~j~ FEB 11.200~ DIVISION 6.2 ABBREVIATIONS AASHTO No change ACSC Big Cypress Area of Critical State Concern ADT through EAB No change EIS Environmental Impact Statement FDOT through LDR No change NBMO NOAA NRPA PSP RFMU RLSA SDP TDR North Belle Meade Overlay No change Natural Resource Protection Area No change Rural Fringe Mixed-Use Rural Lands Stewardship Area through SEC No change Transfer of development rights DIVISION 6.3 DEFINITIONS AASHTO through Adult day care No change Adverse Impacts: Impacts generated by land alteration or land usc, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have bccn shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural watcrbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. Advertising structure through Aeronautics No change TAL~532626.5 212 Affordable housing density through Boathouse, private Bonus Credit: Bottle club through Church No change A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required density. [sec.2.2.2½.2.B.3.b] or place of religious worship No change Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited to, the arts, education, government and religion. Class A residuals through Club, private No change Cluster Development: A design technique allowed within residential zoning districts ~' ..... '~;+;^--~ .... ,.; ................ or where residential development is an allowable use. This form of development employs a more compact arrangement of dwelling units by allowing for, or requiring as the case may be, reductions in the standard or typical lot size and yard requirements of the applicable zoning district, ,,vith-the ..~.~...: ..... .~..~_+. being plaee~ in order to: increase common open space; reduce the overall development area; reduce alterations and impacts to natural resources on the site; to preserve additional native vegetation and habitat areas; and, to reduce the cost of providing services, including but not limited to central sewer and water, re ..... +;^- '~ ~ '~'7 '~ Coastal area planning district through Comprehensive plan No change TAL#532626.5 2 1 3 AGENDA ITF._M FEB,l l' 200 CON District: Lands that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Conservation. [sec.2.2.17] Conceptual site plan through Demolition No change Density Blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. Density, residential through Development agreement No change Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all-weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing) Development, infill through Environmental advisory board No change Environmental Impact Statement {ELS): A document requ':re~ ac, per ~i:'islc, n 3.8 or documents that provide an objective evaluation of the impacts of a proposed development or other alteration of the existing natural conditions on the natural resources, -~nd environmental quality, and listed species. Environmental quality through Erected No change Essential sServices: ............... g to laws services and facilities, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public library facilities; and all services TALg532626.5 designed and operated to provide water, sewer, telephone, electricity, cable television or communica to the general public by providers that have been app: 214 gas, )verso. 1 200 and authorized according to laws having appropriate jurisdiction, and governmental facilities. Established pattern of regular maintenance through Existing No change :Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Facade through Floridan aquifer system No change Fiowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. Freeze damaged mangroves through Grade No change Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec. 2.2.2½.2.B.6] Groundcover through Household income No change Housine~ Affordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very_ low income), 50 percent to 80 percent (for low income), or 80 percent to 100 percent (for moderate income) of the median adiusted gross annual income for the household aa published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term affordable housing includes workforce housing which is limited to owner occupied housing with a monthly - morteage r~ayrnent, including property taxes and insuran e, not in excess of 1/12 of 30 percent of an amount which 215 TAL#532626.5 AC.-~-.NDA ~TEM ~ No,_ F£1 ! 1:200 Housing. Workforce: Natural Reservation: represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household a~q published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) HRS through National Register of Historic Places No change Native Vegetation: Native vegetation means N_native sgouthern Floridian species as determined by accepted valid scientific references. (gee identified in section 2.4.4.)- Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined as a vegetative community having 75% or less canopy coverage ofmelaleuca or other invasive exotic plant species. The term natural reservation refers to large areas set aside, Natural resources Natural Waterbody: for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands designated Conservation on the Collier County Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary. No change A naturally occurring lake, pond, lagoon, fiver, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Navigable waterway through Neat cement grout No change TAL#532626.5 216 ITEM Neighborhood Center: Neighboring Neutral Lands: A centrally located area within a neighborhood of a Rural Village that may include small-scale service retail and office uses and shall include a public park, square, or green. property (blasting) through Nesting zone (sea turtles) No change Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [sec.2.2.2½.3] NGVD through Nonstandard takeoff minimums No change North Belle 1Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as the North Belle Meade Overlay. [ sec. 2.2.31] Nursery, plant through Office, medical/clinic No change Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all applicable federal, state, and local laws. Oil extraction and related processing includes oil and gas exploration and oil and gas field development and production as defined above. On-site through On-site sewage disposal system No change Open Space: T T ....... ~a ........ u~u ~ ~^~ .... ~ .4 r^.,..,aa~ ..... .......... ~, ........... areas. Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped or developed with amenities designed to encourage the use and enioyment of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plaza~ atriums, courtyards and other similar public spaces. 217 TAL#532626.5 Open Space, Common: Co .... r~.~. Space .... : tThose areas within or related to a development, not in individually owned lots o~ dedicate~ fcr ~"~'~: ..... *'"* --'~"~*' ;~ designed and intended to be accessible to, and for the common use or enjoyment of, the residents of the development, or the general public. Open Space, Usable: Active or passive recreation areas such as playgrounds, tennis courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable Open space areas shall also include those portions of areas set aside for preservation of native vegetation and or landscaped areas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street right_s-of-way, ~ ~, driveways, off-street parking areas, and off- street loading areas shall not be counted in determining usable open space. Ordinary repairs or maintenance through Passenger vehicle No change Pathway:. A defined corridor for the primary use of non-motorized travel. Patio through Retail, accessory RFMU District: RFMU Receiving Lands: RFMU Sending Lands: Right-of-way through Rural No change Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. [ sec. 2.2.2½] Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [sec. 2.2.2½.2] Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [sec.2.2.2½.4] subdivision No change 218 TAL#532626.5 FEB 1 1 2004 Rural Village: A form of development within RFMU Receiving Lands that includes the following mixture uses: residential housing types; institutional uses; commercial uses; and, recreational uses and comprised of several neighborhoods designed in a compact nature such that a majority of residential development within comfortable walking distance to the Neighborhood Centers. [sec. 2.2.2Vz.2.B] Safety service facility through Takeout prepared food store No change TDR Credit: A unit representing the right to increase the density or intensity of development on a parcel, obtained through a Transfer of Development Rights. [sec. 2.6.39] Temporary dewatering through Trailer, travel No change Transfer of Development Rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in thc density or intensity of development on the receiving property with a corresponding decrease in the remaining development rights on the sending property. Transfer station through Variance No change Veeetation~ Category. I Invasive Exotic: Invasive exotic vegetation that is altering native vegetation communities by displacing native plant species, changing thc structure or ecological functions of native plan communities, or hybridizing with native species. Ve£etation~ Category, II Invasive Exotic: Invasive exotic vegetation that has increased Veeetation, Exotic: in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological fimctions of native plan communities, or hybridizing with native species. A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics. TAL#532626.5 219 ! 1 200l Vegetation~ Native: VeRetati~_n~ ~aturalized: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetatio,,n~ Prohibited Exotic: Category I or Category II Invasive Exotic Vegetation limited to the following: specifically include the following: Earleaf acacia (Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemyrtle (Rhodomyrms tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing fern (Lygodium spp.). Air potato (DiOscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Vegetation map through Viable wetland No change Village Center: A distinct area within a Rural Village that serves as the primary location for commercial uses, including retail and office, and of civic, and government uses. Visual runway through Wellfield risk management special treatment overlay zone Wetlands: Wetland Function: TALg532626.5 No change ......................... per ............ ~, ~ ....... ~, ...., ~^n~., ~ ,~ a Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymous. A quantitative and qualitative measure of the degree to which a jurisdictional wetland provides hydrologic and habitat or other benefits for listed species, measure ~ "~'~l' nOAAa~ 220 F£8 ! ! 200t~ the Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. Wholesale through Zero lot line housing No change TAL#532626.5 22 1 1 200~ TO: Board of County Commissioners FROM: Russell Webb, Principal Planner DATE: February 9, 2004 SUBJECT: Land Development Code Amendment For 2003 Cycle 3 The BCC meeting for the attached amendment will take place Wednesday, February 11 th in the BCC Meeting Room, Admin. Building, County Government Center, 5:05 P.M. Please note that this is in addition to the packet you already received on the Eastern Lands/Rural Fringe Amendments, which will also be heard at this meeting. Therefore, this current packet is not intended to replace the Eastern Lands packet, but is provided in addition to it for your consideration. If you have any questions please call me at 403-2322. PLANNING SERVICES DEPARTMENT 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 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; 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 (LDC) to serve the best interest of the public. CONSIDERATIONS: This is the first of two public hearings required by Statute and the LDC for amendments to the Collier County Land Development Code. This amendment was presented to, and reviewed by, the Development Services Advisory Committee, the Environmental Advisory Committee, and will be reviewed on February 19, 2004 by the Collier County Planning Commission. Recommendations of each of these bodies are included in the summary description of the LDC amendment along with any advisory body's proposed revisions to the staff recommended changes. The Planning Commission will determine consistency with the Comprehensive plan as part of its public hearing on February 19, 2004. A summary of the review of this amendment by these entities is provided with this Executive Summary on the first page of this document. FISCAL IMPACT: As noted on the amendment in the attached handout. GROWTH MANAGEMENT IMPACT: The proposed amendment to the Land Development Code is consistent with Policies, Objectives and Elements of the GMP. AGENDA IT~. PLANNING SERVICES STAFF RECOMMENDATION: no. Page 1 of 2 FEB 1 t:.uu't That the Board of County Commissioners review the proposed amendment to the Land Development Code and provide direction to staff as to any further amendments to the proposed text. PREPARED BY: RUSSELL WEBB, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY DAT~E G:\Current\TEMPLATES~ExSum template draft.doc Page 2 of 2 AC~DA I'rE~ No. FEB 1 1 '200t FEB ! 1 2004 ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Staff, based on earlier guidance of the Board, prepared an amendment to prohibit construction seaward of the Coastal Construction Control Line, with listed minor exceptions. The Board, after hearing mounting opposition to the proposed amendment from the hotel industry and beach front property owners at the January 7, 2004 LDC Hearing, directed staff to withdraw the amendment from this LDC amendment cycle. The original amendment included needed administrative changes to streamline the approval process for county funded beach re-nourishment projects by allowing by permit instead of by variance (section 3.13.6.5). Staff expanded the list of exemptions (section 3.13.5) and activities that can be approved by a permit (section 3.13.5). The Reconstruction language, found in section 3.13.6.4, allows staff to issue a permit if the proposed activity meets the criteria in this section. Staff explicitly allowed beach access structures and restroom facilities to be constructed seaward of the CCSL. In sum, staff is proposing to expand the allowable exemptions and permits by clarifying language to the exemption section (3.13.5) and to the permit section (3.13.6), thus reducing the need for owners to petition a variance from the BCC. REASON: Rather than waiting for a future amendment cycle, staff is seeking to re- introduce the proposed improvements to the CCSL variance process to facilitate the permitting and approval process for the scheduled and funded major beach re- nourishment project later this year, and to provide the simplified processes for the public in exemptions and permits, as well as providing the BCC with criteria for reviewing CCSL variances. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will eliminate the requirement for the county to apply for a CCSL variance for beach nourishment or maintenance dredging by authorizing such projects through a permitting process. It also allows more construction by permit which otherwise would have to obtain a variance, thus decreasing the number of CCSL Variances applied for which will decrease staff time reviewing as well as presenting these variances through the public hearing process. This ordinance creates fees for Chickee and storage box, 3.13.6.3. Reconstruction of the previously approved building, 3.13.6.4. and Beach Nourishment or maintenance Page l ofll dredging, 3.13.6.5. Until such time that the fee schedule can be amended, the fees shall be $400.00 for these permits. Since the current variance fee is $1000, this is a reduction in fee of $600 and additional savings from the reduction in costs associated with the less complex submittal requirements for permits. The time for issuing a permit will be approximately 60-90 days less than for issuing a variance thus additional associated time/savings. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the natural beach profile, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation." Sec. 3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations." Sec. 3.13.2. Establishment of the coastal construction setback line s~q~aeh41aes. The coastal construction setback line shall be that coastal construction setback line established by the department of natural resources of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of the coastal construction setback line Setback lines established under this Code shall be reviewed upon petition of affected riparian upland owners. The board of county commissioners of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the Page 2ofll general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. Prc&.~bitcd Regulated activities seaward of the coastal construction setback line setback !-'neg. 3.13.4.1. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided by specific exemption, permit or variance. 3.13.4.2. Unless otherwise provided for, activities seaward of the coastal construction setback line which either individually or cumulatively results in an adverse impact to the, coastal system are not allowed. For the purpose of this section, "adverse impacts" are impacts that cause an interference with the natural functioning of the coastal system. Examples of these impacts are those that may alter the coastal system by measurably affecting the existing shoreline change rate, interfering with the system's ability to recover from a coastal storm, disturbing topography or vegetation such that the system becomes unstable or suffers catastrophic failure, or by interfering with marine turtles or their habitat. 3.13.4.2. Developed coastal barriers. The County shall regulate construction of structures seaward of the coastal construction setback line on developed coastal barriers. Developed coastal barriers are those defined in Division 3.12, Coastal Zone Management, of this code. Where allowed, the construction shall minimize significant adverse impacts. The following activities allowed by the 1985 Florida Coastal Zone Protection Act shall be permitted on developed coastal barriers: (a) Structures providing for passive recreational activities; Examples of passive recreational structures include dune walkovers with small viewing platforms, tie-offs for small boats in backwater areas, educational or informational boards or kiosks, benches for nature viewing; (b) Structures providing for public access, including restroom facilities. The restrooms shall be placed landward of the CCSL unless it is not possible to construct them within an acceptable walking distance such as when there is a long boardwalk leading seaward of the CCSL. Then the restrooms shall be located on existing structures such as walkovers or decks or shall be in areas with the most sparse area of native vegetation and shall not interfere with any protected species or their habitats; (c) Activities providing for the protection and restoration of the beach and dune system; Page 3 of I 1 Sec. 3.13.5. Exemptions. The County has determined that certain activities seaward of the coastal construction setback line do not result in adverse impacts to the coastal system. These activities are therefore allowed and are exempt from the requirements of the CCSL permitting and variance processes identified herein. Provisions found in other sections of the land development code may also regulate these activities. Such activities shall be conducted so as not to disturb marked marine turtle nests or known nest locations, damage existing native vegetation, or modify the dune and beach topography. These exemptions shall not be effective during sea turtle nesting season (May 1--October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by Collier County appointed personnel with prior experience and training in sea turtle nest surveying procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or in the case of beach furniture being actively used or attended during the period of time from 9:30 pm until the next day's monitoring activity. Exemptions allowed under this provision are not intended to authorize any violation of Section 370.12, Florida Statutes, or any of the provisions of the Federal Endangered Species Act of 1973, as it may be amended. 3.13.5.1.3.!.?.a.7.1. The removal of any plant defined as ex-ot~ non-native vegetation by county code is exempt from the provisions of this Section. 3.13.5.2.,,..,,...~.a ~ a ~t '~ .Sway --,~,~----~-,--,~^a;r'"~*;~" _Mmaintenance; or repair; to any existing structure ...;,~.;- ~...a~ ~c,~.~ ~;o,~.~ c .... ~; .... c~,~., which does not require, involve, or include any additions to; ~r repmr er ................ of, the existing foundation or use; or does not include any exp~sion of that structure is exempt from the provisions of this section. For pu¢oses of this subsection, the following do not quali~y for this exemption: 1) additions or enclosures added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure or to any deck area that would expand the ve~ical dimensions of the structure, 2) replacement of any pe~ious surface with a non-pe~ious surface, or 3) modifications or additions to any dune walkover or deck area, ..... · ,h~o~ F th pu~oses of this subsection, the te~ "repair" is the restoration of a potion of an existing structure, including the foundation of the structure, to its original desi~ or ~ equivalent structural standard that does not change the ohginal footphnt or ve~ical dimensions of the stmct~e. Work on a structure can only qua!i(y as repair if 50% or more of the s~ct~e, including its foundation, remains intact. 3.13.5.3. Minor activities that do not cause an adverse impact on the coastal system are exempt from the permitting requirements of this section. The activities that are exempt pursuant to this subsection include, but are not limited to, the following, 1. Temporary placement of beach or deck furniture and awnings. Page 4 of 11 2. Attachment of tie-downs, or anchors to existing minor structures or trees. 3. Temporary placement of portable public lifeguard stands. 4. Temporary placement of mono-post structures including umbrellas, antennas or light posts. 5. Minor recreational diggings and other forms of art on the unvegetated beach provided there is no removal or filling of sand at the site. 6. The removal of windblown sand or sand deposited from wave action, from paved roads and parking areas, landscaped areas, beach access ramps, pools, patios, walkways or decks, not involving a change in the general grade and provided that any beach quality sand is returned to the beach and dune system seaward of the coastal construction setback line. 7. The minor maintenance of bulkheads and seawalls specifically involving scraping, chipping, sandblasting, guniting, and painting. 2.12.7.3. 8. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties_. 1" .... o .... ~. a ..... S ............. ,~ ....... ,,.., ................. ,.., ......... ,., ~ 3.13.5.4. Vehicles driving on the beach that are regulated pursuant to Division 3.14. of this code are exempt from the from the provisions of this section. Sec. 3.13.86. Coastal Construction Setback Line Permits. The following activities seaward of the coastal construction setback line ~" ~ ~ ~., .~ ~,~ ~c ..... + ...... ;~; ..... ~"+ shall require a coastal construction setback line pe~it. Such pe~it shall be reviewed ~d approved administratively ~ .... , ..... + .... ; ........ ; ...... +~ ~,~cr without a heating of the board of county commissioners. Enviromental staff shall review the proposed activities to ensure that an Page 5 of 11 adverse impact will not result from the proposed activities. Any permits issued shall ensure that the permitted activity is consistent with the provisions of section 3.13.4 of this code and will not disturb marked marine turtle nests, known nest locations or nesting habitat, damage existing native vegetation, or modify the dune and beach topography. The appropriate fee as set by county resolution shall be submitted with the .permit application. Until such time as the fee schedule can be amended, the fees shall be $400.00 for permits in subsections 3.13.6.3 Chickee and storage box, 3.13.6.5 Reconstruction of the previously approved building, and 3.13.6.6 Beach Nourishment or maintenance dredging. 3.13.86.1. Beach access structures. Structures providing access to the beach, such dune walkovers, shall meet the following criteria: (a) r~^,~+~,~+~,,., ~c ~ ~ ........ , ...... ;;'hen a Possession of a valid Florida Department of Environmental Protection (FDEP) permit kas been cbtained and ........... A maximum width of six feet, unless American Disability Act (ADA) criteria require a greater width, in which case a permit may be granted if the proposed widths are no greater than the minimum ADA requirements. (r,'~'l I '~ ~ 1 '~ A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. (d) Dune walkovers shall be constructed to minimize the impacts on the beach and dune systems. They shall not be permitted to be constructed parallel to the beach or dune unless there is no other way to construct the walkover to meel ADA requirements. 3.13.86.2. Dune Restoration. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land; shall meet the following criteria: (a) vv-he~ Possession of a valid Florida Department of Environmental Protection (FDEP) permit: ~'~ ~- .... ~,,~;-~,~ ,,.,~ +~ c~, .... ~ .... ;,~ ~ .... ~ ..... , (b) oa.12.,0,°.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. (c) oa.!2.8.2.2. Plants utilized shall be 100 percent native coastal species. (d) 3.!2.2.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Page 6ofll Florida. 3.13.6.3. Chickee and storage box. A CCSL permit may be issued for a single chickee (no larger than 10 feet by 10 feet) and a single storage box (no larger than 120 cubic feet) on a developed property. They shall be located over a previously approved, impacted area. They shall not be located on the dune or beach or in an area that would impact the view corridor from the road to the beach. 3.13.6.4. Reconstruction of the previously approved building. Reconstruction of a building as previously approved shall meet the following criteria: (a) Possession of a valid Florida Department of Environmental Protection (FDEP) permit; (b) Documentation that the previously approved building had been granted a CCSL variance; and (c) The reconstruction shall be limited to occur within the footprint and vertical dimensions of the previously approved building 3.13.6.5. Beach Nourishment or maintenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with provisions of section 3.13.4. of this code, is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals. Sec. 3.13.$7. Variances. The board of county commissioners may grant a variance (CCSL Variance) for any activity that is not specifically exempted or is not allowed by permit. In granting a CCSL Variance the board of county commissioners shall consider applicable provisions of section 3.13.4. of this code, the Collier County growth management plan, conservation and coastal management element, and consider the nature of the proposed activity, any land related hardship, and other considerations as provided for below. Any activity granted a CCSL variance shall obtain federal and state agency approvals and permits prior to final site development plan approvals. If construction has not commenced within 2 years of the approval of a CCSL variance, the petitioner shall consult with County environmental staff to determine if any modifications will be required to their variance as a result of changes to the this code. 3.13.~._7.1. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the board of county commissioners. Page 7 of I 1 3.13.~.7_2. Pipelines or piers. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. Construction that varies from the listed criteria for CCSL permits. The board of county commissioners may authorize the construction of structures that vary from the standards set forth in subsection 3.13.6. of this code. Except as otherwise provided for in subsection 3.13.4. of this code, structures shall not be constructed or placed in areas that have existing native vegetation or on any part of the dune or beach. Sec. 3.13.~..8. Procedures for obtaining variance. 3.13.~8.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; A description of the established setback line and the line which petitioner wishes to be varied; The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 3.13.6.82. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. The applicant shall post a sign at least 45 days prior to the date of the public heating by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) Page 8 of 11 TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The area of a property sign shall be as follows: ao For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the development services director in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public heating by the board of county commissioners. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Page 9 of 11 Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. The board of county commissioners shall hold one advertised public heating on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3.13.6.8_3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.68.4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. (Ord. No. 03-01, § 3.1.) (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 01-34, § 3.J.) (Ord. No. 94-58, § 3; Ord. No. 02-31, § 3.1.) Sec. 3.13.9. Penalty and civil remedies. 3.13.9.1. Penalty. A violation of any provision of this Code is a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions of this Code by appropriate judicial writ or proceeding notwithstanding any prosecution as misdemeanor. 3.13.9.2. Civil remedies. In addition to or in lieu of the penalties provided by general law for the violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the construction or compel the removal of structures constructed in violation of this Code. 3.13.9.3.t-,. Penalty for a violation of subsection 3.13.~5.3. Notwithstanding the penalties Page 10 of I 1 set forth elsewhere in this Code, the following violations of subsection 3.13.g.5.3, which occur during sea turtle nesting season: ^) 1) Setting up of any structures as defined in 3.13.;z.5.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation:Up to $1,000.00 fine. Third or more violation: $2,500.00 fine. More than three violations: $5,000.00 fine. (Ord. No. 94-58, § 3; Ord. No. 01-34, § 3.J.) Sec. 3.13.10. Severance. 3.13.10.1. Severance. If any phrase or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 94-58, § 3) Page 11 ofll