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Backup Documents 01/29/2004 LDCBOARD OF COUNTY COMMISSIONERS LDC SPECIAL MEETING JANUARY 29, 2004 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Board of County Commissioners/Land Development Code AGENDA January 29, 2004 2:00 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Chairman, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE 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 January 29, 2004 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE Non-Eastern Lands/Rural Fringe and Eastern Lands/Rural Fringe: THE BOARD TO CONSIDER AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. Continued to the February 11, 2004 BCC Meeting at 5:05 p.m. 3. ADJOURN 2 January 29, 2004 Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the'following as a: <~C'. NOrmal Legal Advertisement ~Other: ~location, etc.) ~ page display ad; map attached, 18 point Originating Dept/Div: Person: Date Department of Zoning and Land Development Review (,~ clearly) Petition No. (If none, give brief description 2003 LDC Amendment Cycle III Petitioner: (Na/ne & address): Name & Address of any person(s) to be notified by Clerk's Office: Russell Webb (If more space needed, attach separate sheet) Hearing before: / xx / BCC / / BZA ---7--- / Other Requested hearing date~ 1/29/04 Based on advertisement appearing ~__ days before hearing. Newspaper(s) to be used: (Complete only if important /- ' ,, -- /XXXX/ Naples Daily News or legally required /----7) ..../~/ Other Proposed Text: (Include legal description & common location & size): 2003 LDC Amendment Cycle III - See attached 1/29/04 BCC Ad Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes xxx No /....----~ If yes, what account should be charged for advertising costs: Reviewedby: /~,~/~~ ~//~Approvedby: Department Head Date County Manager Date.~ List Attachments:(1) (2) (3) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that an~, necessar}, legal review, or request for same, is--~mit~'ed to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: /-------; County Manager agenda file; /-------; Requesting Division; to Clerk's Office /~ Original B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Date Advertised Date of P.H. i ~,~ ~. ~iI ~, ~! ~i COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division CURRENT PLA~~ Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 January 20, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice as a separate advertisement for a Display, % page, with map attached, Legal Notice in your edition of January 23, 2004, and furnish proof of publication of the advertisement to the Collier County Development Services Building, Current Planning, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin and PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida 34104. January 29, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND PROPOSED ORDINANCE Notice is hereby given that on January 29, 2004, at 2:00 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of an Ordinance, the title of which is as follows: 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 SPCIFICALLY 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 C__. o e r C c, ~ ~ t y Phone (239) 403-2400 Fax (239) 643-696~ www.collicrgov, net 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 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. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the February 11,2004 meeting. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia, Deputy Clerk BCC Ad 2 (5 day) -3- 22ND ST SE 20TH ST S~ 18TH ST SE TOBIAS ST 23RD ST SW ROBIN BRANTLEY BLVD Rural Fringe Mixed Use Overlay District Legend Rural Fringe Mixed Use Districts Lee County Lee County OIL WEI I1~ RD VANDEI lILT BEACH GOLDEN GATE BLVD ;RD )10 RD DAVIS BLVD hr I ~ ~ ~ I ~ 0 2 4 I 8 Mile Created by GIS / CDES / Environmental Services G:\GISTMF~RF-MUD.mxd G:',lmages'~Vlaps&Ae d als\R F_M U D.jpg Date: 10/27/03 Rural Fri'nge Natural Resource Protection Area Legend Lee Natural Resource Protection Area Overlay District Overlay District Miles Lee County IMI RD OIL WELL RD Bay BEACH ERD RADIO RD BLVD GOLDEN GATE BLVD I 75 Crealed by GIS / CDES / Environmental Services G:\GISTMF~R F_NR PA. mxd G:\Jmages\Maps&Aed aJs\RF_NRPA.jpg Date: 10/27/03 Rural Lands Stewardship Area (RLSA) Zoning Overlay District R :28 E R 29 E R 30 E HENDRY COUNTY bJ bJ ri MM ~(AL_E- C.R 846 j C.R C.R. 858 N R 28 E I- 75 R 2g E LEGEND RURAL LANDS STEWARDSHIP AREA OVERLAY R 30 E ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, 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; Page 1 o£ 168 Words s~ack t~zough are deleted, words underlined are added 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 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. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and Page 2 of 168 Words s~,:ck tFc,vug~ are deleted, words underlined are added WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on December 10, 2003, January 7, 2004, January 29, 2004, February 11, 2004, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the Page 3 of 168 Words s~ac~z *&:c'agh are deleted, words underlined are added adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3161 et seq. Fla. Stat., and Rule 9J~5, F.A.C. 7. Sec. 163.3194(1)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Page 4 of 168 Words sWack t?zaugh are deleted, words underlined are added SUBSECTION 3.A. AMENDMENTS TO DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS Division 2.2. Zoning Districts, Permitted Uses, Conditional Uses, Dimensional Standards, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. 10. Schools, public, includin~ "Educational Plants." 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in divizic, n section 2.7.4.: 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 27. Ancillary Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. .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 Page 5 of 168 Words s~acl: t.hxvx:gh are deleted, words underlined are added 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, i. designated areas, appropriate types, density and intensity of development. The RFMU Districl 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 t, implement the RFMU designation in the future land use element (FLUE) of the GMP, th{, 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.' RURALFRINGE AREAS LEE COUNTY LEE COUNTY IUMOKALEE ROAD RANDALL BLVD ~ t GOLDEN GATE BOULEVARD Page 6 of 168 Words s~-'c]c t~:cugk are deleted, words underlined are added B. EXEMPTONS. The requirements of Section 2.2.2½ shall not apply to, affect or limil 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 Rezom, petition has been approved by the County prior to June 19, 2002, or land use petitions fo~ 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 o~ 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. C. ORDINANCE SUPERCEDED. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subiect to that ordinance shall henceforlh conform to the provisions of this Section and all other provisions of this Code that arc applicable to development within the RFMU District. 2.2.21A.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within thc 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 th{, evaluation of available data, RFMU Receiving Lands have a lesser degree of environmental o~ .listed species habitat value than RFMU Sending Lands and generally have been disturbed throueh development or previous or existing agricultural operations. Various incentives are employed ~io 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 standard:; shall apply, except as noted in paragraph 2.2.2½.1 above, or as more specifically provided in a,, applicable PUD. A. OUTSIDE RURAL VILLAGES 1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands are only subiect 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 Sectio,, 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 pe, lot or parcel. b. Additional Density il) TDRS. Outside of Rural Villages, the maximum density achievable i. 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 thc 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 adjacent natural reservations or preservation areas gdiacent developments~ and, creation, maintenance or enhancement of wildlife corridors. Page 7 of 168 Words s~ack *&:m:gh are deleted, words underlined are added (b) Minimum Project Size. The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. (c) Emergency Preparedness. In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event any development approved under the provisions of this section shall demonstrate that adequate emergency preparedness and disaste, prevention measures have been taken by, at a minimum: i. Designing community facilities, schools, or other publi, 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 inundatio. during such storm events are identified on the Sea, Lake, anti Overland Surge from Hurricane (SLOSH) Map for Collier County. ii. Evaluating impacts on evacuation routes, if any, anti 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 othe~ provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. iii. Working with the Florida Division of Forestry, Collie~ County Emergency Management staff, and the managers of any adjacent or nearby public lands, to develop a Wildfire Preventio. and Mitigation Plan that will reduce the likelihood of threat to lift, _and property from wildfires. This plan shall address, at a minimum: proiect structural designq the use of materials and location oI' structures so as to reduce wildfire threat; firebreaks and buffers~ water features; and, the rationale for prescribed burning on adiacenl .or nearby lands. (2) Once the maximum density is achieved through the use of TDRs~ additional density may be achieved as follows: (a) A density bonus of 0.1 unit per acre shall be allowed for thc 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 projecl~; that incorporate those additional wetlands mitigation measures set forth in Section 3.9.5.3.B.2. 3. Allowable Uses a. Uses Permitted as of Right. The following uses are permitted as of right, oJ as uses accessory to permitted uses: (I) Agricultural activities, including, but not limited to: Crop raisingg horticulture~ fruit and nut production; forestry; groves~ nurseries; ranching; beekeeping; poultry and egg production; milk production~ livestock raising~ _and aquaculture for native species subject to the State of Florida Game and Freshwater Fish Commission permits. 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 o, _used for fighting or baiting purposes. (c) For purposes of this subsection, the term baiting is defined as set _forth in § 828.122(2)(a), F.S., as it may be amended from time to time. (2) Single-family residential dwelling units, including mobile home.,; where a Mobile Home Zoning Overlay exists. (3) Multi-family residential structures, if clustering is employed. (4) Rural Villages, subject to the provisions set forth under Sectio. 2.2.2½.2.B below. Page 8 of 168 Words ...... : t?~raug~ are deleted, words underlined are added Dormitories, duplexes and other types of staff housing, as may incidental to, and in support of, conservation uses. t~6) Family Care Facilities: 1 unit per 5 acres and subject to Sectio. 2.6.26.1.1 of this Code. [7) Staff housing as may be incidental to, and in support of, safety service facilities and essential services. (8) Farm labor housing limited to 10 acres in any single location: (a) Single family/duplex/mobile home: 11 dwelling units per acre~ (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 Sectio. 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: la) 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: £1 ) dwelling unit per five (5) gross acres. ii. For golf course projects not utilizing Density Blending provisions, including freestanding golf courses: the minimuJ~, _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 are, .utilized as part of the golf course, including the clubhouse area~ rough, fairways, greens, and lakes, but excluding any area dedicate~l as conservation, which is non-irrigated and retained in a natural state. The additional required density for such golf course development shall he achieved by acquiring TDRs from Sending Lands. (b) Golf courses shall be designed, constructed, and managed i~, accordance with Audubon International's Gold Signature Program. Thc 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, Greenspacc and Corridors, Agriculture, and Building Design) have been incomorated into the golf course's design and operational procedures. lc) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf coursv _maintenance operations, golf courses shall comply with the Besl Management Practices for Golf Course Maintenance Depaihnents.. prer>ared 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 sources5 ii. The use of soil and plant tissue analysis to adjust timim, and amount of fertilization applications; m. 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 tim/no and application of irrigation water; and Page 9 of 168 Words ~ are deleted, words underlined are added v. The use of the procedure contained in IFAS Circular 1011~ .Managing Pesticides for Golf Course Maintenance and Water QualitF Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality~. e To ensure water conservation olf courses shall inco orate the following in their design and operation: i. Irrigation systems shall be designed to use weather statioJf information and moisture-sensing systems to determ/ne the optimuni 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 Obiective 1.4 and its policies to the extent that a sufficient amount of such water _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 existing rights of way or easements.: 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 thc .functions of natural systems: by establishing shorelines that are sinuou:; m configuration in order to provide increased length and diversity of th~, littoral zone. A Littoral shelf shall be established to rovide a feedin area for water de endent avian s ecies. The combined len th of vertical ~nd rip-rapped walls shall be limited to 25% of the shoreline. Credits t, the site preservation area requirements, on an acre- to- acre basis, shall be eiven for littoral shelves that exceed these littoral shelf are, requirements; £e) 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 sub'ect to the General Educational Facilities Re ort submitted annuall b the Collier Coun School Board to the Board of County Commissioners. b The Site must corn 1 with the State Re uirements for Educational Facilities adopted by the State Board of Education. lc) The site shall be subject to all applicable State or Federal regulations. 13 Oil and as ex loration sub'ect to state drillin ermits and Collier Corn3_ site develo ment lan review rocedures. Directional-drillin and/or · rev~ousl cleared or disturbed areas shall be utilized in order to minimize tm _a. cts to native habitats where determined to be racticable. This re mrement shall be deemed satisfied u on issuance of a state ermit in corn liance with the criteria established in Cha ter 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs within the Bi C ress Watershed as defined in Rule 62C-30.001 2. All a licable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ermits for ro osed oil and as activities in Collier Coun so Ion as the state ermits com 1 with the re nirements ofCha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set forth in Section 277.42 F.S. to assure co liance with Chater 62C-25 throu h 62C-30 even if ~1 access roads shall be established in Rule 62-30.005(2)(a)(1) through (12), F.A.C Page 10 of 168 Words ~ are deleted, words underline___~d are added b. Accessory Uses. C1) Accessory uses as set forth in Section 2.2.2.2.2 of this Code. ~esso and incidental to uses permitted as of right in the RFMU District. 3 Recreational facilities that serve as an inte ral art of a residential develo ment and have been desi nated reviewed and a roved on a site develo ment lan or relimina subdivision lat for that develo ment. Recreatio. nal facilities ma include but are not limited to clubhouse commumty center building, tennis facilities, playgrounds and playfields. Condmonal Uses. The follow~n uses are ermissible as conditional uses subiect to the standards and procedures established in section 2.7.4 1 Oil and as field develo ment and roduction sub'ect to state field develo ment ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in order to minirn/ze im acts to native habitats where detemfi. 'ned to be racticable. This re uirement shall be deemed satisfied u on issuance of a state ermit in com liance with the criteria established in Chh ter 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs within the Bi C reds Watershed as defined in Rule 62C-30.001 2 . All .a licable Collier Coun oil and as environmental ermittin re mrements shall be considered satisfied b evidence of the issuance of all a .licable federal and/or state oil and as ermits for ro osed oil and as act~_~ities in Collier Coun so lon as the state ermits corn 1 with the re mrements of Chh ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C reds Watershed the a licant shall be res onsible for convenin the Bi C reds Swam Adviso Committee as set forth in Section 277.42 F.S. to assure com fiance with Chh ter 62C~25 throu h 62C-30 even if outside the defined Bi C reds Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62- 30.005(2)(a)(1) through (12), F.A.C. 2 Grou care facilities and other care housin 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 rocessin and reduction of _solid waste. 5 Communi facilities such as laces ofworshi ch/ldcare facilities .cemeteries, and social and fraternal organizations 6 Travel trailer recreation vehicle arks sub'ect to the followin criteria: a the site is ad'acent to an existin travel trailer recreational vehicle site; and b the site is no eater than 100% of the size of the existin ad'acent park site. (7) Those Essential Services identified in 2.6.9.2.A and C. 8 In RFMU Receivin Lands other than those within the NBMO asphalt and concrete batch-making plants; .~.n/ng~n~ex~aUc~!ivin Lands other than those within the NBMO earth Design Standards ao _. Development Not Utilizing Clustering.' (1) Minimum lot area: 5 Acres. (2) Minimum lot width: 165 Feet. Page 11 of 168 Words sW, zck t?:eugh are deleted, words underlined are added .(3) Minimum yard requirements: la) Front Yard: 50 feet Cb) 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 ercent of lot width not to exceed 20 feet on each side. m. Rear Yard: 50 feet. Clustered Development: fl ) Lot areas and widths: iii. iv. Minimum lot area: 4,500 square feet. Maximum lot area: One Acre. Minimum lot width: Interior lots 40 feet. ... Maximum lot width: 150 feet. (b) multi-family Minimum lot area: One Acre. ii. Maximum lot area: None. iii. iv. _ Minimum lot width: 150 feet. Maximum lot width: None. Minimum yard requirements ~t or arcel minimum yard re uirement shall be established within an a roved PUD or shall coamly with the following standards: i. Front: 20 feet Note Front Yard Set back ma be reduced to 10 feet where parking for the unit is accessed via a rear allz. ii. Side: 6 feet 111. Rear: 15 feet iv. Accessory: Per Section 2.6.2. b multi-famil . For each multi-famil lot or arcel minimum ard shall be established within an a roved PUD or shall co 1 with the .following standards: i. Setback from Arterial or Collector roadwa s: no multi- famil dwellin ma be located closer than 200 feet to a roadwa classified or defined as an arterial roadwa or 100 feet from an roadway classified or defined as a collector roadwaL. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side ard/se aration between an multi-famil Buildin s: One-half of the building height or 15 feet, whichever is greatest. y. Accessory: Per Section 2.6.2. Page 12 of 168 Words ~ are deleted, words underlined are added ~3) Height limitationg 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/conmmnity ~lubhouses, which may be 50 feet in height. b Accesso structures. Accesso : 20 feet exce t for screen enclosures, which may be the same height as the principal structure. £4) Minimum floor space £a) Single Family: 800 square feet lb) Multi-family: in. Efficiency: 450 Square feet One Bedroom: 600 square feet _. Two or More Bedrooms: 800 square feel c. Parking. As required in Division 2.3 of this Code d. Landscaping. As required in Division 2.4. of this Code. _e. Signs. As required in Division 2.5. of this Code. 5. Native Ve etation Retention. As re uired in Section 3.9.4.3. of this Code. 6. Usable Open Space. a. Pro'ects of 40 or more acres in size shall rovide a minimum of 70% usable .open space. b. Usable O en S ace includes active or assive recreation areas such as arks la rounds olf courses waterwa s lakes nature trails and other similar o en s aces. Usable O en S ace shall also include areas set aside for conservation or preservation of nat/ye vegetation and landscape areas_. c. O en water be ond the erimeter of the site street ri ht-of-wa exce t where dedicated or donated for ublic uses drivewa s off-street arkin and loadin areas, shall not be counted towards required Usable Open Space. B. RURAL VILLAGES. Rural Villa es includin Rural Villa es within the NBMO ma be a roved w/thin the boundaries of RFMU Receivin Lands sub'ect to the follo~ .1. Allowable Uses: a. All erm/tted uses identified in Section 2.2.2½.2.A.3.a. when s ecificall identified in, and approved as part of, a Rural Village PUD. b. Conditional uses 1 throu h 5 and 7 identified in Section 2.2.2½.2.A.3.c. when s ecificall identified in and a roved as art ora Rural Villa e PUD. c. All ermitted and accesso uses listed in the C-4 General Commercial District Section 2.2.15.2 sub'ect to the desi n uidelines and develo ment standards set forth in this Section. d. Research and Technolo Parks with a min/mum size of 19 acres and a maximum size of 4% of the total Rural Villa e acrea e sub'ect to the desi n uidelines and develo ment standards set forth herein the a licable standards contained in Section 2.2.20.4.8. Research and technolo ark lanned unit develo ment district uidelines and develo ment standards and further sub'ect to the follow/n_gg~.' Page 13 of 168 Words st~ are deleted, words .underlined_ are added 1 Research and Technolo Parks shall be ermitted to include u to 2 o . 0 ~ of ~e total acrea e for non-tar et ~ndus uses of the e identified in ara rah 3 below' and u to 20% of the total acrea e 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 paragraph (2) below. The specific percentage and mix of each category of use shall be determined at the time of Rural Village PUD rezonin~ (2) The target industries identified by the Economic Development Council of Collier County are aviation/aerospace industry, healtl, technology industry and information technology industry, and include the following uses: software development and programming; internel technologies and electronic commerce~ multimedia activities and CD-ROM development; data and information processing~ call center and customec surmort activities; professional services that are export based such laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation/aerospace and health and information technologies; office uses in connection with on-site research; development testing and related manufacmring~ general administrative offices of research and development firm; educational, scientific and research organizations~ production facilities and operations. (3) Non-target industry uses may include hotels at a density consistenl with the provisions in Section 2.2.15.4.7. and those uses in the C-1 throueh 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, computel related businesses and services, employee training, technical conferencing~ day care centers, restaurants and corporate and government offices. t~4) The Rural Village PUD shall include standards for th~, 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 outdom _storage, parking and access management, all to be consistent with and comt>atible to the other uses within the village. £5) The Research and Technologv Park must be adjacent to, and hav~ direct access via an existing or developer constructed local road to an /arterial or collector roadway. The portion of the local roadway intended t~ provide access to the Research and Technology Park shall not be within ~ ra~iad, ential neighborhood and does not servic~ a predominately residentia~l ~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 thi:; Code. (7) Whenever workforce housing is provided, it shall be fully inteerated with other compatible uses in the park through mixed-us~, buildings and/or through pedestrian and vehicular interconnections. (8) Building permits for non-target industry uses identified paragraph (3) above shall not be issued prior to issuance of the first buildim, pen'nit for a target industry use. e. . An other use deemed b the Board of Coun Commissioner to be al~13ropnate and compatible within a Rural Village. 2. Mix of Nei hborhood T es. Rural Villa es shall be co rised of several nei hborhoods desi ned in a corn act nature such that a ma'od of residential develo ment is within one- uarter mile of a Nei hborhood Center. Nei hborhood Centers ma include small-scale service retail and office uses and shall include a ublic ark s uare or reen. Villa e Centers shall be desi ned to serve the retail office civic ovemment uses and service needs of the residents of the Rural Villa e. The Villa e Center shall be the rima location for commercial uses. Rural Villa es shall be surrounded b a reen belt in order to rotect the character of the rural landsca e and to rovide se aration between Rural Villa es and the low densi rural develo ment a ricultural uses and conservation lands that ma surround the Rural Villa e. Rural Villa es shall be desi ned to include the followin: a mixture of residential housin es' institutional and/or commercial uses. and recreational uses all of which shall be sufficient Page 14 of 168 Words smmk-thr-ough are deleted, words underlined are added to serve the residents of the Rural Villa e and the surroundin lands. In addition exce t as s ecificall rovided otherwise for Rural Villa es within the NBMO the followin criteria and con~'tions shall a 1 to all Rural Villa es. a. Allocation of Land Uses. S ecific allocations for land uses includin residential commercial and other non-residential uses within Rural Villa es shall include but are not limited to: 1 A mixture of housin es includin attached and/or detached sin le famil as well as multi-famil shall be rovided within a Rural Villa e. A minimum of 0.2 units er acre in a Rural Villa e shall be Affordable Housin of which at least 0.1 units er acre shall be Workforce Housin . The Rural Villa e shall be desi ned so as to dis erse the Affordable and Workforce Housin units throu hour the Villa e rather than _.concentrate them in a single location. 2 A mixture of recreational uses includin arks and villa e reens. £3) Civic, community, and other institutional uses. 4 A mixture of lot sizes with a desi that includes more co act develo ment and attached dwellin units within ne/ hborhood centers and the Villa e Center and reduced net densities and increasin 1 lar er lot sizes for detached residential dwellin,s enerall occurrin as develo ment extends outward from the Village Center. £5) A mixture of retail, office, and services uses. 6 If re uested b the Collier Coun School Board durin the PUD ~be rovided and shall be located to serve a maximum number of residential dwellin units within walking distance to the schools, subject to the following criteria: (a) Schools shall be located within or adjacent to the Village Center; b A credit toward an a licable school i acts fees shall be rovided based u on an inde endent evaluation/a raisal of the value of the land and/or improvements provided by the developer; and c Schools shall be located in order to minimize busin of students and to co-locate schools with ublic facilities and civic structures such as arks libraries communi centers ublic s uares reens and civic areas. 7 Within the NBM Overla element schools shall be accessed b local streets edestrian and bic cle facilities and shall be allowed in and ad'acent to the Rural Villa e Center rovided such local streets rovide adeauate access as needed by the School Board. Acreage Limitations. 1 Rural Villa es shall be a minimum of 300 acres and a maximum of 1 50.0 acres exclusive of the re uired reen belt with exce tion that the maximum size of a Rural Villa e within those RFMU Receivin Lands south of the Belle Meade NRPA shall not exceed 2,500 acres. 2 Nei hborhood Center - 0.5% of the total Rural Villa e acrea e not to exceed 10 acres, within each Neighborhood Center. ~ercial -Not to exceed 40% ,,r ,~,~ area per acre. ~the total Rural Villaae acreage. 5 Villa e Center commercial- Not to exceed g0% ,,r th,~ · -- · - ed 30~ of the Villa e Center acrea e and 10 000 s uare feet of ross leasable floor area er acre. 6 Research and Technolo Parks limited to a minimum size of 19 0cres and a maximum size of 4% of the total Rural Village acreages. 7 Civic Uses and Public Parks ~ Minimum of 15% of the total Rural Page 15 of 168 Words ~ are deleted, words underlined are added 3. Densi . A Rural Villa e shall have a minimum densi of 2.0 units er ross acre and a maximum densi of 3.0 units er acre exce t that the minimum densi with a NBMO Rural ~~11 be achieved as follows____._~ a. Base Densi . A base densi of 0.2 dwellin units er acre 1.0 dwellin units er five acres for lands within the Rural Villa e and the land area desi nated as a reenbelt surroundin the Rural Villa e is ranted b ri ht for allocation within the designated Rural Village. b. Minimum Densi . For each TDR Credit for use in a Rural Villa e one Bonus Credit shall be ranted u to the minimum ross densi of 2.0 units er acre outside of the NBMO and 1.5 units per acre within the NBMO. c. Maximum Densi . A develo er ma achieve a densi exceedin the rmmmum re tared densi u to a maximum of 3.0 units er acre throu h the following means: 1'1) TDR Credits; 2 An additional densi bonus 0.3 units er acre for the additional preservation of native vegetation as set forth in Section 3.9.4.5.B~ 3 An additional densi bonus of 0.3 units er acre for additional wetlands mitieation as set forth in 3.9.5.3.B.2~ and/or 4 An additional densi bonus of 0.5 units er acre for each Affordable Workforce Housing unit. or 4. Other Design Standards ao Transportation System Design. 1. .The Rural Villa e shall be desi ned with a formal street la out u.s~.n nmaril a rid desi n and inco oratin villa e reens s uares and c~vtc uses as focal points. 2 Each Rural Villa e shall be served b a bina road s stem that is accessible b the ublic and shall not be ated. The road s stem within the Rural Villa e shall be desi ned to meet Coun 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 Villa e and ad'acent developments shall be required. 5 Nei hborhoods Nei hborhood Centers and the Villa e Center shall be connected throu h local and collector streets and shall inco orate traffic calming techniques as may be appropriate to discourage high-speed traffic. 6 Public transit and school bus sro s shall be co-located where practicable. 7 Pedestrian aths and bikewa s shall be desi ned so as to rovide access and interconnectivi _ty. Location Restrictions and Standards. 1 In locatin both schools and housin units within the Rural Villa e consideration shall be iven to minimizin busin needs within the COIIIIBunl _ry. 2 A Rural Villa e shall not be located an closer than 3.0 miles from .another Rural Village. 3 No more than one Rural Villa e ma be located in each of the distinct RFMU District Receivin Areas de icted on the FLUM and on the Official Collier County Zoning Atlas maps. 4 A Rural Villa e shall have direct access to a roadwa classified b Collier Coun as an arterial or collector roadwa . Alternativel access to Page 16 of ! 68 Words s~:ck ~:eugh are deleted, words .underlined are added the Rural Villa e ma be via a new collector roadwa directl accessin an existin arterial the cost of which shall be borne entirel b the develo er. 5 A Rural Villa e shall be located where other ublic infrastructure such as potable water and sewer facilities, already exist or are planned. c. Size Limitations. Rural Villa es shall be a minimum of 300 acres and a maximum of 1 500 acres exce t within RFMU Receivin Lands south of the Belle Meade NRPA where the maximum size ma not exceed 2 500 acres. This re uired Rural Villa e size is exclusive of the re uired Greenbelt area set forth in Section 2.2.2 ½.2.B.6~______~ d. Additional Villa e Desi n Criteria: Rural Villa es shall be desi ned in accordance with the following provisions: 1 . Rural Villa es shall be develo ed in a ro ressive urban to rural continuum with the reatest densit intensi and diversi occurrin within the Villa e Center to the least densi intensi and diversi occurrin within the edge of the neighborhoods approaching the greenbelt. 2 Rural Villa es ma include "S ecial Districts" in addition to the Villa e Center Nei hborhood Center and Nei hborhoods to accommodate uses that ma re uire use s ecific desi n standards not otherwise rovided for herein. Such S ecial Districts their ro osed uses and a licable desi n standards shall be identified as art of the Rural Villa e PUD rezone rocess. 3 The Rural Villa e PUD Master Plan shall desi nate the location of the Villa e Center and each Nei hborhood Nei hborhood Center and as ma be a licable S ecial Districts. Rural Villa es shall include a Villa e Center and a minimum of two distinct nei hborhoods with defined Nei hborhood .Centers. ~ur within buildines in the Village Center and Neighborhood Centers. 5 Transient lod in is ermitted at u to 26 uest units er acre _calculated on the acrea e of the arcel occu ied b the transient lod in and its ancillary facilities, if such parcel includes multiple uses. 6 Buildin hei hts ma va within the Villa e Center and Nei hborhood Centers but shall not exceed 5 stories not exceedin 65 feet with the Villa e Center or 4 stories no exceedin 55 feet within the Nei hborhood Center and 3 stories not to exceed 40 feet within 200 feet of the Greenbelt. The hei ht exclusions set forth in Section 2.6.3.1 of this Code a 1 within a Rural Villa e. The hei ht exclusion set forth in Section 2.6.3.2. applies in the Village Center only, except that2 (~a) 2.6.3.2.(4) requiring 300 square feet of green spaces for each arkin s ace for which the hei ht waiver is ranted shall not a 1 · however~ b For each arkin s ace for which the hei ht waiver is ranted an eclual amount of square footage of Open Space shall be provided i, 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 ne/ hborhoods es eciall a roachin the ed e of the Villa e and the Sc;crruOrU. ndin reen belt less com act lar er lot residential develo merit ma 8 Within the Villa e Center and Nei hborhood Centers individual _block perimeters shall not exceed 2,500 linear feet. 9 Within the Villa e Center and Nei hborhood Centers re uired ards shall be as follows: l~a) Front setbacks - 0 to 10 feet from the right-of-way £b) Side setbacks - 0 feet .(c) Rear setbacks - 0 feet Page 17 of 168 Words smmk-thr-ou~ are deleted, words underline___dd are added I 0 Within nei hborhoods outside of a Nei hborhood or Villa e Center re uired ards ma va but shall be desi ned so as to rovide for adc bate li ht o ens s ace ad movement of air and shall consider the desi n ob'ective of the urban to rural continuum with the reatest densi intensi and diversi occurrin within the Villa e Center to the least densi intensi and diversi occurrin within the ed e of the nei hborhoods avvroaching the greenbelt. 11 Within the Villa e Center and Nei hborhood Centers overhead enc.roachrnents such as awnin s balconies arcades and the like must ~,rr~aei~[.ain a clear distance of 9 feet above the sidewalk and 15 feet above the l~l~Seatin for outdoor dinin shall be ermitted to encroach the ublic sidewalks and shall leave a minimum 6-foot clear edestrian wa between the outdoor dining and the streetscape planting area. 13 Civic or Institutional Buildin s shall be sub'ect to the s ecific standards of this subsection that re late buildin hei ht buildin lacement buildin, use arkin and si nae exce t as deviations are deemed a ro hate b the Collier Coun lannin staff with res ect to the creation of focal oints vistas and si nificant communi landmarks. S ecific desi n standards shall be provided in the Rural Village PUD document. 14 Architectural Standards: Buildin s within the Villa e Center shall be made com atible throb h similar massin volume fronta e scale and architectural features. The PUD document shall adhere to the rovisions of Division 2.8 of this Code' however deviations ma be re bested where such .deviations are shown to further these Rural Village design standards. f 15) Required vehicular parking and loading amounts and design criteria: fa) 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, UL! or other sources 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 promtmty which are unlikely to require the spaces at the same time. (b) On-site parking areas shall be organized into a series of small delineated by landscape islands of varied sized. A maximum spacing _between landscape islands shall be 10 spaces. Landscape islands and tree diamonds shall have a minimum of one canopy tree. £c) Parking lots shall be accessed from alleys, service lanes o, secondary streets. £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 subsequent site development plan application. The shared parking pla, .shall demonstrate that the reduced parking is warranted as a result of th~, following: shared building and/or block use(s) where parking demand,: for certain uses are low when other demands are higher; a concentration, _of residential dwelling units located within 600 feet of non-residential uses: the existence of transit for use by residents and visitors. 16 Landsca in minimums within the Villa e Center or within Neiehborhood Centers shall be met by~ (a) Providing landscaping within parking lots as described, and bx providing a streetscape area between the sidewalk and curb at ~ minimum of 5 Ft. in width; (b) Planting street trees every 40 Ft. O.C. The street tree pattern may bt, 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~. Page 18 of 168 Words ~ are deleted, words underlined are added d Providin for additional ubic use landsca e areas at intervals within the streetsca e on identified arcels with blocks or as art of _public greens, squares, parks or civic uses. 17 Si ns: The PUD document shall adhere to the rovisions of Division 2.5 of this Code' however deviations ma be re uested where such deviations are shown to further these Rural Villa e desi n standards b rovidin for edestrian scale si na e standards with Nei hborhood Centers or the Village Center. 5. Native Ve etation. Native ve etation shall be reserved as set forth in 3.9.4.3.A. 6. Greenbelt. Exce t within the NBMO Rural Villa e a Greenbelt avera in a minimum of 500 feet in width but not less than 300 feet in width shall be re uired at the erimeter of the Rural Villa e. The Greenbelt is re uired to ensure a ermanentl undevelo ed ed e surroundm the Rural Villa e thereb d~scoura ~n s rawl. Greenbelts shall conform to a. Greenbelts ma onl be desi nated on RFMU Receivin Lands. b. The allowable residential densi shall be shifted from the desi ated _Greenbelt to the Rural Village. c. The Greenbelt ma be concentrated to a reater de ree in areas where it is necessa to rotect listed s ecies habitat includin wetlands and u lands rovide for a buffer from ad'acent natural reservations or rovide for wellfield or a uifer rotection. However at no location shall the Greenbelt be less than 300 feet in width. d. Golf courses and existin a riculture o erations are errnitted within the ~t forth in Section 3.9.4.3.A. however o~ course turf-areas shall onl be located within 100 feet of the Greenbelt ~~s shall onl, be !ocatea m previously cleared or clisturbed areas 7. en S ace: Within the Rural Villa e a minimum of 70% of O en S ace shall be rovided inclusive of the Greenbelt. 8. Process for A royal of a Rural Villa e. A lications for a roval shall be submitted in the form of a Planned Unit Develo ment PUD rezone utilizin the standard fo s develo ed b Collier Coun and sub'ect to the Fees established for a PUD rezone ~ion will be submitted in con'unction with a Develo ment of Re ional Im act DRI a lication as rovided for in Cha ter 380 of Florida Statutes or in con'unction with an other Florida rovisions of law that ma su ercede the DR/ rocess. The A lication for Rural Villa e PUD a roval shall demonstrate eneral corn liance with the rovisions of Section 2.2.20 and shall include the followin additional submittal re uirements: a. EIS. An environmental i act statement for the Rural Villa e and surro, undin Greenbelt area shall be submitted an accordance with the reomrements of Division 3.8 of this Code. b. Demonstration of Fiscal Neutrali . An anal sis that demonstrates that the Rural Villa e will be fiscall neutral to coun tax a ers outside of the Rural Villa e. ~on evels of service for nublic facilities and the cost of such facilities and services necess to serve the Rural Villa e. In addition this evaluation shall identif ro'ected revenue sources for services and an ca ital i rovements that ma be necessa to su orr the Rural Villa .e. In conclusion this anal sis shall indicate what rovisions and/or commatments will be to ensure that the rovision of necessa facilities and services will be fiscall neutral to Coun tax a ers outside of the Rural Villa e. At a minimum, the analysis shall consider the followin~ (1) Stormwater/drainage facilities~ t~2) Potable water provisions and facilities~ t~3) Reuse or "Grey" water provisions for irrigation~ (4) Central sewer provisions and facilities~ (5) Law enforcement facilities~ ~6) School facilities~ Page 19 of 168 Words s~:ck X~eugh are deleted, words ..underlined are added (7) Roads, transit, bicycle and pedestrian facilities and pathways~ ia) Solid Waste facilities· (b) Development phasing and funding mechanisms to address any inmacts 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. 2.2.2~.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural residential develo ment. Available data indicates that Neutral Lands have a hi her ratio of native ve etat~on and thus hi her habitat values than lands des~ nated as RFMU Receivin Lands but these v._alues do not a roach those of RFMU Sendin Lands. Therefore these lands are a ro hate for limited develo ment if such develo ment is directed awa from existin native ye etation and habitat. Within Neutral Lands the followin standards shall a 1: A. ALLOWABLE USES. The followin uses are ermitted as of ri hr: Uses Permitted as of Right. a. A ricultural activities includin but not limited to: Cro raisin horticulture fruit and nut roducfion fores roves nurseries ranchin ~vestock raisine, and a uaculture for native s ecies sub'ect to the State of Florida Fish and Wildlife Conservation Commission. Ownin maintainin or o eratin an facili or art thereof for the following purposes is prohibited: 1 Fi htin or baitin an animal b the owner of such facili or an other person or entity~. 2 Raisin an animal or animals intended to be ultimatel used or used for fighting or baiting purposes. 3 For u oses of this subsection the term baitin is defined as set forth in .~ 828.122(2)(a), F.S., as it may be amended from time to time. b. Sin le-famil residential dwellin units includin mobile homes where a Mobile Home Zoning Overlay exists. Dormitories du lexes and other es of staff housin as ma be incidental to, and in support of, conservation uses. d. Grou housin uses sub'ecttothe followin densi /intensi limitations: e. Family Care Facilities: 1 unit per 5 acres; f. Group Care Facilities and other Care Housing Facilities: Maximnm Floor Area Ratio (FAR) not to exceed 0.45. Staff housin as ma be incidental to and in su ort of. safe 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 tmitsgoeds per acre. i. S ortin and Recreational cam s not to exceed 1 cabin/lod in unit er 5 gross acres. j. Those Essential Services identified in Section 2.6.9.1.A k. Golf courses or drivin ran es sub'ect to the followin standards: 1 Golf courses shall be desi ned constructed and mana ed in _accordance with Audubon International's Gold Signature Program_. 2 In order to revent the contamination of soil surface water and round water b the materials stored and handled b olf course maintenance o erations olfcourses shall corn 1 with the Best Mana ement Practices for Page 20 of 168 Words ~ are deleted, words .underlined are added 3 To rotect round and surface water uali from fertilizer and esticide usa e olf courses shall demonstrate the followin mana ement practices: la) The use of slow release nitrogen sources~ o~ff fe~lTe, u?_ of soiT1' a_n._d, lant tissue anal sis to ad'nat timin and amount ~zauon appncanons~ c The use of an inte rated est mann ement ro ram usin both .biological and chemical agents to control various pests~ d The coordination of esticide a lications with the timin and avvlication of irrigation water~ e The use of the rocedure contained in IFAS Circular 1011 Mann in Pesticides or Gol Course Maintenance and Water uali Pr. oqection Ma 1991 revised 1995 to select esticides that will have a _n'nmmum adverse impact on water quality. ~ses shall inco orate the following in their design and operation: ~ to use weather station information and moisture-sensin s stems to determine the o timum ~ of. aZ! atlog water needed cons~derin soil moisture and _~vapotransplranon rates. b .As available olf courses shall utilize treated effluent reuse water consistent with Sanita Sewer Sub-Element Ob'ective 1.4 and its policies. c Native lants shall be used exclusivel exce t for s ecial ose areas such as olf reens fairwa s and buildin sites. Within these exce ted areas landsca in lans shall re uire that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian s ecies. At least 75% of the re uired native trees and shrubs shall also be drou ht .tolerant species. 5 Stormwater mann ement onds shall be desi ned to mimic the ~n se that are sinuous in confi uration in order to rovide increased len th and diversi of the littoral zone. A Littoral shelf shall be established to rovide a feedin area for water de endent avian s ecies. The combined len th of vertical and ri -rs ed wails shall be limited to 25% of the shoreline. Credits to the site reservation area re uirements on an acre- to- acre basis shall be iven for littoral shelves that exceed these littoral shelf area requirements. 6 Site reservation and native ye etation retention re uirements shall be the same as those set forth in the RFMU District criteria. Site reservation areas are intended to rovide habitat functions and shall meet minimum ~nt Code. These standards .shall be established within one year. Public and private schools, subject to the following criteria: 1 Site area and school size shall be sub'ect to the General Educational Facilities Re ort submitted annuall b the Collier Coun School Board to the Board of County Commissioners. 2 The Site must corn 1 with the State Re uirements for Educational Facilities adopted by the State Board of Educatiom ~icable State or Federal m. Oil and as ex loration sub'ect to state drillin ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in order to minimize im acts to native habitats where determined to be racticable. This re uirement shall be deemed Page 21 of 168 Words ~ are deleted, words underline___~_d are added satisfied u on issuance of a state ermit in corn liance with the criteria established in Cha ter 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs ~-30.001 2 . Ail ant~licable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as errn~.'ts for ro osed oil and as activities in Collier Coun so lon as the state errmts co 1 with the re uirements ofCha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set forth in Section 277.42 F.S. to assure corn liance with Cha ter 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established inRule 62-30.005 2 a 1 throu h 12 F.A.C. 2. Accesso Uses. The followin uses are ermitted as accesso to uses ermitted as of r/ ht or to a roved conditional uses: a. Accesso Uses and structures that are accesso and incidental to uses ermitted as of ri ht in Section 2.2.2~/2.3.2 above. b. Recreational facilities that serve as an inte ral art of a residential develo ment and have been desi nated reviewed and a roved on a site develo ment lan or relimina subdivision lat for that develo ment. Recreational facilities ma include but are not limited to clubhouse commum center buildin tennis facilities la rounds and la fields. 3. Conditional Uses. The followin uses are ermissible as conditional uses sub'ect to the standards and rocedures established in section 2.7.4. a. Zoo, aquarium, botanical garden, or other similar uses. b. Communi facilities such as laces of worshi childcare facilities cemeteries social and fraternal or anizations. Sports instructional schools and camps. d. Those Essential Services identified in 2.6.9.2.A and Q. e. Oil and as field develo ment and roduction sub'ect to state field develo ment ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in orde.r to rn/nimize i acts to native habitats where determined to be racticable. This re mrement shall be deemed satisfied u on issuance of a state ermit in com liance with the criteria established in Chater 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs within the Bi C ress Watershed as defined in Rule 62C- 30.0._01 2. All a licable Collier Coun oil and as environmental ermittin re mrements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ermits for ro osed oil and as activities in Collier Coun so lon as the state ermits com 1 with the re uirements of Cha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set 1brth in Section 277.42 F.S. to assure com liance with Chater 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62-30.005 2 a 1 f. Earth mining and extraction and related processing. DENSITY 1. Maximum Gross Densi . The maximum ross densi in Neutral Lands shall not exce. ed one dwellin unit er five ross acres 0.2 Dwellin units er acre exce t that the mammum ross densi for those le al nonconforrmn lots or arcels in existence as of June 22 1999 shall be one dwellin unit er lot or arcel. 2. Residential Clusterin . Clusterin of residential develo ment is allowed and encoura ed. Where clustered develo ment is em lo ed it shall be in accordance with the follow~ a. If within the boundaries of the Rural Transition Water and Sewer District and consistent with the rovisions of the Potable Water and Sanita Sewer Sub- elements of this Plan central water and sewer shall be extended to the ro'ect. Where Page 22 of 168 Words s~.-'ck *&:z'agh are deleted, words .underlined are added Coun sewer or water services ma not be available concurrent with develo ment in Neutral Lands interim rivate water and sewer facilities ma be a roved. b. The clustered develo ment shall be located on the site so as to rovide to the reatest de ree racticable: £1) protection for listed species habital~ 1~2) preservation of the highest quality native vegetation.~ ~ons or reservation areas on adjacent developments; and 4 creation maintenance or enhancement of wildlife corridors. c. The m/nimum project size shall be at least 40 acres. C. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Desi n Standards set forth in Section 2.2.2.4 of this Code shall a 1 to all develo ment in Neutral Lands exce t for develo ment utilizin the residential clusterin rovisions in ara a h 2.2.2'/2.3.B.2. above. In the case of such clustered develo ment the followin dimensional standards shall a I to all ermitted housin structure es accesso 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: fa) Front Yard: 40 feet. ~to exceed 20 feet on each side____: lc) 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. Accesso : 20 feet exce t for screen enclosures which ma be the same hei ht as the rinci al structure. c. Golf course/community clubhouses: 50 feet 4. Floor Area. The minimum floor area for each dwellin unit shall be 800 s uare 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. Page 23 of 168 Words ~ are deleted, words underlined are added D. NATIVE VEGETATION RETENTION. Native ve etation shall be reserved as set forth in Section 3.9.4.3. E. USABLE OPEN SPACE. 1. Usable en S ace. Pro'ects of 40 acres or more in size shall rovide a minimum of 70% usable o en s ace. 2. Usable O en S ace includes active or assive recreation areas such as arks la rounds olf courses waterwa s lakes nature trails and other similar o en s aces. Usa. ble O en S ace shall also include areas set aside for conservation or reservation of native ve etation and landsca e areas. 3. O en water be ond the erimeter of the site street ri ht-of-wa exce t where dedicated or donated for ublic uses drivewa s off-street arkin and loadin areas shall not be counted towards re uired Usable en S ace. 2.2.21/2.4. RFMU SENDING LANDS. RFMU Sendin Lands are those lands that have the hi hest de ree of environmental value and sensitivi and enerall include si nificant wetlands u lands and habitat for listed s ecies. RFMU Sendin Lands are the rinci al tar et for reservation and conservation. Densi ma be transferred from RFMU Sendin Lands as rovided in Section 2.6.39.3. All NRPAs w~th~n the RFMU District are also RFMU Sendin Lands. With the exce tion of s ecific rovisions a licable onl to NBMO Neutral Lands the followin standards shall a 1 withinall RFMU Sendin Lands: A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED J. Uses Permitted as of Right a. A ricultural uses consistent with Sections 163.3162 and 823.14 6 Florida _Statutes (Florida Right to Farm Act). b. Detached sin le-famil dwellin units includin mobile homes where the .Mobile Home Zoning Overlay exists~ _c. Habitat preservation and conservation uses. d. Passive parks and other passive recreational uses. e. S ortin and Recreational cam s within which the lod in co onent shall not exceed 1 unit per 5 gross acres. f. Those Essential Services identified in 2.6.9.1 .B. ~ Oil and as ex loration sub'ect to state drillin errnits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in order to minimize i acts to native habitats where determined to be racticable. This re uirement shall be deemed satisfied u on issuance of a state ermit in com liance with the criteria established in Cha ter 62C-25 throu h 62C-30 F.A.C. re ,ardless of whether the activi occurs within the Bi C ress Watershed as defined in Rule 62C-30.001 2. All a licable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ern?s for ro osed oil and as activities in Collier Coun so Ion as the state errmts com 1 with the re uirements ofCha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swa Adviso Committee as set forth in Section 277.42 F.S. to assure com liance with Cha ter 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62-30.005 2 a 1 throu h 12 F.A.C. 2. Accesso Uses. Accesso Uses and structures that are accesso and incidental to uses ermitted as of ri ht in Section 2.2.2V2.AA above. .3. Conditional Uses. a. Those Essential services identified in Section 2.6.9.2.B; b. Public facilities includin solid waste and resource recove facilities and ubhc vehicle and e m ment stora e and re air facilities shall be ermitted within Section 25 Townshi 49S Ran e 26E on lands ad'acent to the existin Coun Page 24 of 168 Words ~ are deleted, words underline___4d are added landfill. This shall not be inte reted to allow for the ex ansion of the landfill into Section 25 for the u ose of solid waste dis osal. c. Oil and as field develo ment and roduction sub'ect to state field develo ment ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in orde[ to minimize im acts to native habitats where determined to be racticable. This re mrement shall be deemed satisfied u on issuance of a state ermit in corn liance wit---~-h~hrou h 62C-30 F.A.C.. re~ardl whether theactivi oCC~ss u7 ..... ~_~ _ . ~- ~ . _ ess of ...... ~,cu as aennea ~n Rule 62C- 30.0701 2. All a licable Collier Coun oil and as environmental ermitXin re mrements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ermits for ro osed oil and as activities in Collier ~~ h re e u/rements of Chanter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set forth in Section 277.42 F.S. to assure corn liance with Chater 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62-30.005 2 a I d. Commercial uses accesso to ermitted uses 1.a l.c. and 1.d above such as retail sales of roduce accesso to farrmn or a restaurant accesso to a ark or reserve so Ion as restrictions or limitations are im osed to insure the commercial use functions as an accesso subordinate use. ~USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED Uses Permitted as of Righ_t a. A ricultural uses consistent with Sections 163.3162 and 823.14 6 Florida Statutes Florida Ri ht to Farm Act includin water mana ement facilities to the extent and intensi that such o erations exist at the date of an transfer of b. Cattle razin on unim roved asture where no clearin is re uired. c. Detached sin le-famil dwellin units includin mobile homes where the Mobile Home Zonin Overla exists at a maximum densi of one dwellin unit er 40 acres. In order to retain these develo ment ri hts after an transfer u to one dwellin must be retained not transferred er 40 acres. d. One detached dwellin unit includin mobile homes where the Mobile Home Zonin Overla exists er lot or arcel in existence as of June 22 1999 that is less than 40 acres. In order to retain these develo ment ri hts after an transfer u to one dwellin must be retained not transferred er each lot or arcel. For the oses of this rovision a lot or arcel shall be deemed to have been in existence as of June 22 1999 u on a showin of an of the followin .. 1 the lot or arcel is art of a subdivision that was recorded in the public records of the County on or before June 22, 1999; 2 a descri tion of the lot or arcel b metes and bounds or other ~blic records of the Coun _on or before June 22, 1999~ or 3 an a reement for deed for the lot or arcel which includes ~xed bounda was executed on or before June 22, 1999. Habitat preservation and conservation uses. _ Passive parks and passive recreational uses. Those Essential Services identified in 2.6.9.1 .B. h. Oil and as ex loration sub'ect to state drillin ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in order to minimize im acts to native habitats where determined to be racticable. This re uirement shall be deemed ~ce with the criteria established in una ter 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs Page 25 of 168 Words ~ are deleted, words underline.___dd are added ~ 62C-30.001 2. All an licable Collier Coun oil and as environmental ermittin re uirements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ern~ts for ro osed oil and as activities in Collier Coun so lon as the state errmts com 1 with the re uirements ofCha ter 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set forth in Section 277.42 F.S. to assure corn liance with Cha ter 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62-30.005 2 a 1 throu h 12 F.A.C. Conditional Uses a. Those Essential Uses identified in 2.6.9.2.13. b. Oil and as field develo ment and roduction sub'ect to state field develo ment ermits and Collier Coun site develo ment lan review rocedures. Directional-drillin and/or reviousl cleared or disturbed areas shall be utilized in orde[ to minimize i acts to native habitats where determined to be racticable. This re mrement shall be deemed satisfied u on issuance of a state ermit in co liance with the criteria established in Chater 62C-25 throu h 62C-30 F.A.C. re ardless of whether the activi occurs within the Bi C ress Watershed as defined in Rule 62C- 30.0._01 2. All a licable Collier Coun oil and as environmental ermittin re mrements shall be considered satisfied b evidence of the issuance of all a licable federal and/or state oil and as ermits for ro osed oil and as activities in Collier ~ere uirements of Chamer 62C-25 throu h 62C-30 F.A.C. For those areas of Collier Coun outside the bounda of the Bi C ress Watershed the a licant shall be res onsible for convenin the Bi C ress Swam Adviso Committee as set forth in Section 277.42 F.S. to assure corn liance with Cha ter 62C-25 throu h 62C-30 even if outside the defined Bi C ress Watershed. All access roads shall be constructed and rotected from unauthorized used accordin to the standards established in Rule 62-30.005 2 a 1 c. Conditional use a roval criteria: In addition to the criteria set forth in Section 2.74.4 of this Code the followin additional criteria shall a 1 to the a reval ofcon~'tional uses within RFMU Sendin Lands: 1 The a licant shall submit a lan for develo ment that demonstrates that wetlands listed s ecies and their habitat are ade uatel rotected as s~ecified in Divisions 3.9 and 3.11. ~ riate to limit the size, location, and access to the conditional use. C. DENSITY. 1. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwellin unit er nonconformin lot or arcel in existence as of June 22 1999. For the ose of this rovision a lot or arcel which is deemed to have been in existence on or before June 22 1999 is: a. a lot or arcel which is art of a subdivision recorded in the ublic records of Collier Coun Florida. b. a lot or arcel which has limited fixed boundaries described b metes and bounds or other s ecific le al descri tion the descri tion of which has been recorded in the ublic records of Collier Coun Florida on or before June 22 1999. or c. a lot or arcel which has limited fixed boundaries and for which an a reement for deed was executed rior to June 22 1999. D. NATIVE VEGETATION RETENTION. As re uired in Section 3.9.4.3. ._E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set forth in Section 2.2.2.4 of this Code shall a I to all develo ment in Sendin desi nated lands of the RFMU District exce t as follows: 1_. Lot Area and Width. a. Minimum Lot Area: 40 acres. Page 26 of 168 Words ~ are deleted, words underlined are added 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. 2.2.3.2.1 .Permitted uses. 1. Single-family dwelling. 4. Schools, public, including "Educational Plants." 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division section 2.7.4: 1. Churches and other places of worship. 9. Ancillary Plants. 2.2.3.4.3. Minimum yard requirements. Front yard. 75 feet, except in the case of: Conforming comer lots, in which only one full depth setback shall be required along the shorter lot line along the street. The setback along the longer lot line may be reduced ~, ..... *~ ~ percent. ........................................... w2n!mum lot · ." ~' ...... q .............................. : ........... to 37.5 feet, so lona as no n~g~,~,I'-,w? or right-of-way easement is included within the reduced front yard (Sec: Page 27 of 168 Words ..... .'~- X~-zugh are deleted, words underlined are added WIDTH RO.W 75' FULL FRONT SETBACK R.O.W ESTATES: CONFORMING CORNER LOT R,O.W P/L ....... R.O.W FRONT SETBACK 37.5' REDUCED BY 50% Example - lot width may vary, but never less than 150' R.O.W. LINE SIDE SIDE / SETBAC~ - SETBACKS MEASURED FROM R.O.W. LINE - WIDTH MEASURED BETWEEN PROPERTY LINES PROPERTY LINE Nonconforming comer lots of record, in which only one full depth setback shall bt, required along the shorter lot line along the street. The setback along the longer lol line may be reduced to 15 feet, so long as no right-of-way or right-of-way easement is included within the reduced front yard. (See Exhibit B) WIDTH RO.W ESTATES: NON-CONFORMING CORNER LOT RO.W PtL- -- -- FULL FRONT SETBACK R.O.W 10% LOT WIDTH 105' REDUCED FRONT SETBACK lO% LOT 1~o~ J ROW RO.W. LINE - SETBACKS MEASURED FROM ROW. LINE - WIDTH MEASURED BETWEEN PROPERTY LINES PROPERTY LINE Nonconforming through lots, i.e. double frontage lots, legal nonconforming lots of record with double road frontage, which are nonconforming due to inadequate lot depth, in which case, the front yard along the local road portion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of- way. The nonconforming through lot utilizing the reduced frontage shall establish the lot frontage along the local road only. Frontage along a collector or arterial roadway to serve such lots is prohibited. Front yards along the local road shall be developed with Page 28 of 168 Words s~aclz t.hrc-agh are deleted, words tmderlined are added structures having an average front yard with a variation of not more than six feet; no building thereafter erected shall project beyond the average line so established. 2. Side yard. 30 feet, except for legal nonconforming lots of record, which are nonconforming due to inadequate lot width, in which case it shall be computed at the rate often percent of the width of the lot, not to exceed a maximum requirement of 30 feet. 3. Rear yard. 75 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.4.2.1. Permitted uses. 1. Single-family dwellings. 2. Family care facilities, subject to section 2.6.26. 3. Schools, public (RSF-3 and RSF-5 zoning districts only, effective only through January 30, 2004). This includes "Educational Plants;" however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.4.4.4. Minimum yard requirements.. 1. Front yard. 5. Yard Requirements for public schools, regardless of what component of the residential single-family district it is located in.. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.5.2.1. Permitted uses. 1. Single-family dwellings. 5. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in ~i¥izizn section 2.7.4: 1. Churches and houses of worship. 2. Schools, pu~!!c arm private. Also, "Ancillary_ Plants" for public schools. Page 29 of 168 Words sm:ck ~,~ugh are deleted, words underlined are added 2.2.5.4.3. Minimum yard requirements (except as further provided at section 2.6.27). The following minimum yard requirements are in relation to platted boundaries: TABLE INSET: Front Yard Side Yard Rear Yard One (Single) Family 25' 7 1/2' 20' Dwelling Units Duplex Dwelling Units 25' 10' 20' Two Unit/Family Dwelling 25' 10'* 20' Units Three or More Family 30' 15'* 20' Dwelling Units * Where fee simple lots are created for each dwelling unit side yards are measured from the outside wall of the principal structure. 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.6.2.1. Permitted uses. Multiple-family dwellings. 6. Educational Plants; however, any high school located in this district is subiect to a compatibility review as described in Division 3.3. of the code. 2.2.6.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-12 district (RMF-12), subject to the standards and procedures established in ~ivigion section 2.7.4: 1. Child care centers and adult day care centers. 5. Schools,l..~v,.~,h.l~ ~.~"1 private. Also, "Ancillary Plants" for public schools. 2.2.6.4.3. Minimum yard requirements. I. Front yard--Thirty feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.7.2.1. Permitted uses. Page 30 of 168 Words s~ack *~o'ag~ are deleted, words underlined are added 1. Multiple-family dwellings. 4. Educational Plants~ however, any high school located in this district compatibility review as described in Division 3.3. of the code. is subject to . 2.2.7.3. Conditional uses. The following uses are permissible as conditional uses in the residential multiple-family-16 district (RMF-16), subject to the standards and procedures established in divisic, n section 2.7.4: 1. Child care centers and adult day care centers. 5. Schools, v .... cancl private. Also, "Ancillary Plants" for public schools. 2.2.7.4.3. Minimum yard requirements.. 1. Front yard--One half of the building height as measured from the first floor of the structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.8.3. Conditional uses. The following uses are permitted as conditional uses in the residential tourist district (RT), subject to the standards and procedures established in divisic, n section 2.7.4: 1. Churches and other places of worship. 8. Ancillary Plants. 2.2.8.4.3. Minimum yard requirements. 1. Front yard--One-half the building height as measured from each exterior wall or wing of a structure with a minimum of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.9.2.1. Permitted uses. 1. Single-family dwellings. Page 31 of 168 are deleted, words underlined are added 6. Educational Plants; however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.9.3. Conditional uses. The following uses are permissible as conditional uses in the village residential district (VR), subject to the standards and procedures established in divigizn section 2.7.4: 1. Boatyards, subject to the applicable review criteria set forth in section 2.6.21, and marinas. Schools, pub!!c and private. Also, "Ancillary Plants" for public schools. 2.2.9.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the village residential district (VR). TABLE INSET: Single- Duplex Multiple- Accessory Conditional Family Family Uses Uses Dwelling Dwelling and Mobile Home 1. Minimum lot area 6,000 10,000 1 acre N/A 1 acre square feet square feet 2. Minimum lot width 60 feet 100 feet 150 feet N/A 100 feet 3. Minimum yard requirement: Front yard 20 feet 35 feet 35 feet Section 2.6.2 35 feet Side yard 5 feet* 15 feet 15 feet Section 2.6.2 15 feet Rear yard 20 feet 30 feet 30 feet Section 2.6.2 30 feet *Waterfront: 10 feet. 4. Maximum height* 30 feet 30 feet 35 feet 15 feet 50 feet 5. Maximum 7.26 8.71 14.52 N/A N/A density** units/gross units/gross units/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. 10. Landscaping. As required in division 2.4. 11. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be determined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County Growth Management Plan, not to exceed the above specified density for each use. Page 32 of 168 Words ....... tk:cugh are deleted, words underlined are added 2.2.10.2.1. Permitted uses. 1. Mobile homes. 5. Educational Plants~ however, any high school located in this district is subject to a compatibility review as described in Division 3.3. of the code. 2.2.10.4.3. Minimum yard requirements.. 2.2.10.4.3.6. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.12.2.1. Permitted uses. 1. Accounting, auditing and bookkeeping services (8721). 7.Educational Plants. ~. 8_. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402 and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to F.S. § 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26. ~. 9_. Offices for engineering, architectural, and surveying services (groups 0781, 8711--8713). ~. 10...~. Health services (8011--8049). 4&. 11___~. Individual and family social services (8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). ~ 12_~. Insurance carriers, agents and brokers (groups 6311--6399, 6411). ~ 13__.: Legal services (8111). ~ 14_~. Management and public relations services (groups 8741--8743, 8748). 44. 15~ Miscellaneous personal services (7291 or 7299, debt counseling only). 4-%. 16~ Nondepository credit institutions (groups 6141--6163). 4~. 17~ Photographic studios (7221). ~ 18~ Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another permitted use in this district - no stand alone facilities shall be permitted). 4~. 19~ Real estate (groups 6531--6552). 4~. 20__~. Shoe repair shops and shoeshine parlors (7251). ~ 21~ Security and commodity brokers, dealer, exchanges and services (groups 6211--6289). g~. 22__~. Transportation services (4724), travel agencies only. Page 33 of 168 Words s~ack *~zc'agh are deleted, words underlined are added -2-X. 23. Any other commercial use or professional services which is comparable in nature with the foregoing uses including those that exclusively serve the administrative as opposed to the operational functions of a business and are purely associated with activities conducted in an office. 2.2.12.3. Conditional uses. The following uses are permissible as conditional uses in the (C-I) commercial professional and general office district, subject to the standards and procedures established in di¥isie, n section 2.7.4.: 1. Ancillary_ Plants. & 2~ Automobile parking (7521), garages-automobile parking, parking structures. ~. 3~ Churches and other places of worship. 3:. 4_:. Civic, social and fraternal associations (8641). 4:. 5~ Depository institutions (groups 6011--6099). ~. 6~ Educational services (8211--8231, except regional libraries). 6:. 7~ Homeless shelters, as defined by this Code. :7.8_:. Increased building height to a maximum of 50 feet. g:. 9~ Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to division 3.3. that is designed to protect the character of the residential uses and of the neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor ora building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-1 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. ~. 10__~. Nursing and personal care facilities (8082). 40. 11. Funeral service (7261 except crematories). 44-:. 12__.:. Religious organizations (8661). ~ 13~ Soup kitchens, as defined by this Code. ~ 14~ Veterinarian's office (0742), excluding outdoor kenneling. Page 34 of 168 Words s~c~x t.~.r,m:gh are deleted, words underlined are added 44:. 15__:. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent statement of the district as determined by the board of zoning appeals. 2.2.12.4.3. Minimum yard requirements. 1. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property_ lines. b. For accessory structures: 25 feet from all property lines. 2.2.13.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses and all conditional uses except increased height and mixed residential and commercial uses of the C-1 commercial professional and general office district. 5. Educational Plants. :%. 6_:. Food stores with 2,800 square feet or less of gross floor area in the principal structure (groups 5411 except supermarkets, 5421-5499). ~.. 7_. Gasoline service stations (5541 subject to section 2.6.28). :7-:. 8~ General merchandise stores with 1,800 square feet or less of gross floor area in the principal structure (5331--5399). 8:. 9~ Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. 9,. 10~ Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251). -14X. 11_~. Health services (groups 8011--8049, 8082). 44-:. 12__:. Home furniture, furnishing and equipment stores with 1,800 square feet or less of gross floor area in the principal structure (groups 5713--5719, 5731--5736). 4~. 13_._:. Libraries (823 I) except regional libraries ~ 14~ Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629--763 I). 44:. 15__:. Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--5961). 4-5:. 16__:. Paint, glass and wallpaper stores with 1,800 square feet or less of gross floor area in the principle structure (5231). 4~. 17__:. Personal services (groups 7212, 7215,7221--7251, no beauty or barber schools, 7291). -1--%. 18._~. United States Postal Service (4311 except major distribution center). 19___:. Veterinary services (0742 excluding outside kenneling). Page 35 of 168 Words s~ack tk:c-,:gh are deleted, words underlined are added ~ 20_._~. Videotape rental with 1,800 square feet or less of gross floor area in the principal structure (7841). 2.2.13.3. Conditional uses. The following uses are commercial convenience district (C-2), subject to the div!zizn section 2.7.4.: permissible as conditional uses in the standards and procedures established in 1. Ancillary Plant. 2_. Educational services (8221, 8222) except regional libraries. -2-:. 3_. Homeless shelters, as defined by this Code. ~. 4~ Mixed residential and commercial uses subject to the following criteria: a. A site development plan is approved pursuant to dD_ivision 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-2 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit efficiency and one-bedroom, 450 bedroom, 900 square feet; shall contain the following minimum floor areas: square feet; two-bedroom, 650 square feet; three- i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. 4: 5~ Permitted personal service, video rental or retail uses with more than 1,800 square feet of gross floor area in the principal structure. ~. 6_:. Permitted food service (eating places or food stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. 6: 7~ Soup kitchens, as defined by this Code. ~. 8~ Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.13.4.3. Minimum yard requirements. Page 36 of 168 Words ....... t?z,~ugh are deleted, words underlined are added 1. Front yard. 25 feet. 5. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.14.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses of the C-2 commercial convenience district. 7. Educational Plants. 8~ Food stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5411--5499). 9~ General merchandise stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5331--5399). 10. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. -14X. 11__~. [Reserved.] 44-:. 12__.~. Home furniture, furnishing, and equipment stores with 5,000 square feet or less of gross floor area in the principal structure (groups 5712--5736). 4~. 13. Libraries (8231). 4-&. 14__.:. Marinas (4493), subject to section 2.6.22. ~ 15__~. Membership organizations (8611--8699). 4-5: 16__:. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 4&. 17___~. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). ~ 18__~. Museums and art galleries (8412). -1-&. 19~ Nondepository credit institutions (groups 6111--6163). ~ 20_..~. Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). ~ 21__:. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). ~ 22_.~. Physical fitness facilities (7991). ~ 23_.~. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511--9532, 9611- -9661). Page 37 of 168 Words s.~.~:c?: tkrm:gh are deleted, words underlined are added ~ 24___~. Retail nurseries, lawn and garden supply stores with 5,000 square feet or less of gross floor area in the principal structure (5261). ~ 25___~. Veterinary services (groups 0742, 0752 excluding outside kenneling). ~ 26__~. Videotape rental with 5,000 square feet or less of gross floor area in the principal structure (7841). 27__:. United States Postal Service (4311 except major distribution centers). g7-:. 28. Any use which was permissible under the prior GRC zoning district and which was lawfully existing prior to the adoption of this Code. gS:. 29__~. Any of the foregoing uses that are subject to a gross floor area limitation shall be permitted by right without the maximum floor area limitation if the use is developed as an individual structure that is part of a shopping center. 2.2.14.3. Conditional uses. The following uses are permissible as conditional uses in the commercial intermediate district (C-3), subject to the standards and procedures established in divizi~n section 2.7.4.: 1. Amusements and recreation services (groups 7911, 7922 community theaters only, 7933, 7993, 7999 boat rental, miniature golf course, bicycle and moped rental, rental of beach chairs and accessories only). 2. Ancillary Plants. g:. 3_:. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. ~. 4~ Educational services (8221, 8222). 4:. 5_:. Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411--5499). 6:. 6~ Homeless shelters, as defined by this Code. 6:. 7~ Hospitals (groups 8062--8069). :7-:. 8~ Justice, public order and safety (groups 9211, 9222, 9224, 9229). & 9.~. Social services (8322--8399). ~. 10~ Mixed residential and commercial uses, subject to the following criteria: a. A site development plan is approved pursuant to division 3.3 that is designed to protect the character of the residential uses and neighboring lands; b. The commercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor of a building; f. The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management plan; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square feet; three- bedroom, 900 square feet; Page 38 of 168 Words s~-'-ck ~,rmzgh are deleted, words underlined are added i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of the commercial units below; j. A minimum of 30 percent of the mixed use development shall be maintained as open space. The following may be used to satisfy the open space requirements: areas used to satisfy water management requirements; landscaped areas; recreation areas; or setback areas not covered with impervious surface or used for parking (parking lot islands may not be used unless existing native vegetation is maintained); k. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. Motion picture theaters, except drive-in (7832). ~ 12. Permitted personal services, video rental or retail uses (excluding drug stores (5912)), with more than 5,000 square feet of gross floor area in the principal structure. -~. 13. Permitted food service (eating places) uses with more than 6,000 square feet of gross floor area in the principal structure. 14___:. Permitted use with less than 700 square feet gross floor area in the principal structure. 15.__~. Soup kitchens, as defined by this Code. ~ 16__~. Vocational schools (8243--8299). 4-6:17__.~. foregoing statement Any other intermediate commercial use which is comparable in nature with the list of permitted uses and consistent with the permitted uses and purpose and intent of the district, as determined by the board of zoning appeals. 2.2.14.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the building height as measured from grade, whichever is the greater. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.15.2.1. Permitted uses. Unless otherwise provided for in this Code, all permitted uses in the C-3 commercial intermediate district. 4. Ancillary Plants. & 5~ Automotive dealers and gasoline service stations (groups 5511,5531, 5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicles only). ~. 6~ Automotive repair, services, parking (groups 7514, 7515, 7521 except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (group 7542), provided that carwashes abutting residential zoning districts shall be subject to the following criteria: Page 39 of 168 Words zmack tkzcugh are deleted, words underlined are added Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. eo Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. Architecture. The building shall maintain a consistent architectural theme along each building facade. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. Hours. of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. & 7~ Building materials, hardware and garden supplies (groups 5231--5261). 7-: 8_:. Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, 7361, 7381, except armored car and dog rental, 7382--7389 except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting and window trimming service). 9_:. Commercial printing (2752, excluding newspapers). ~. 10~ Communications (groups 4812-4841) including communications towers up to specified height, subject to section 2.6.35. 44X. 11. Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10. 12. Educational Plants. 13. Educational services (8221, 8222) ~ 14__~. Engineering, accounting, research, management and related services (groups 8711-- 8748). ~ 15___~. Food stores (groups 5411--5499). Page 40 of 168 Words .... ~- *h ..... ~ are deleted, words underlined are added 44. 16__~. General merchandise stores (5311). ~ 17. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C.; all subject to section 2.6.26. ~ 18__~. Health services (groups 8051--8059, 8062-8069, 8071--8072 and 8092--8099). ~ 19___~. Hotels and motels (groups 7011, 7021, 7041 when located within an activity center). 4~. 20. Marinas (4493, 4499 except canal operation, cargo salvaging, ship dismantling, lightera-~ge, marine salvaging, marine wrecking, steamship leasing), subject to section 2.6.22. -1-%. 21. Miscellaneous repair services (groups 7622--7641, 7699 except agricultural equipment repairS'awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, farm machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). ~ 22.._:. Miscellaneous retail (groups 5912-5963, 5992-5999). 23___~. Motion picture theaters (7832). 24._:. Public or private parks and playgrounds. 25__:. Personal services (groups 7215, 7217, 7219, 7261 except crematories, 7291--7299). 26__:. Real estate (group 6512). 27._.:. Social services (groups 8322--8399, except for homeless shelters and soup kitchens). g-6:. 28_~. [Reserved.] g-7-:. 29._:. Vocational schools (groups 8243--8299). 2.2.15.4.3. Minimum yard requirements. 1. Front yard. 25 feet or one-half of the height of the building as measured from grade whichever is the greater. Structures 50 feet in height or greater shall maintain a minimum of a 25 foot front yard setback and shall be required to provide an additional one foot of setback for each foot of building height in excess of 50 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all properly lines. b. For accessory structures: 25 feet from all property lines. 2.2.15 1/2.2.1. Permitted uses. 1. Unless otherwise provided for in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. g:. 3~ Auctioneering/auction houses (groups 7389, 5999). ~ 4~ Automotive dealers and gasoline service stations (groups 5511--5599). & 5. Automotive repair, services and parking (groups 7513--7549), provided that carwashes abu-~ing residential zoning districts shall be subject to the following criteria: Page 41 of 168 Words s~''~1' *~ ..... *, ~T~ deleted, words underlined are added a. [Size of vehicles.] Carwash designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. (1) Front yard setback: 50 feet. (2) Side yard setback: 40 feet. (3) Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in section 2.4.7. All walls shall be protected by a barrier to prevent vehicles from contacting them. f Architecture. The building shall maintain a consistent architectural theme along each building facade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but may not be located in any required yard area. i. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 a.m. & 6_. Building construction--General contractors (groups 1521--1542). & 7_. Building materials (groups 5211--5261). ~. 8. Business services (groups 7311--7353, 7359, 7389 contractors' disbursement, directories- tele-¢hone, recording studios, swimming pool cleaning, and textile designers only). & 9~ Construction--special trade contractors (groups 1711--1793, 1796, 1799). 2. Educational Plants. ¢. 11_~. Education services (groups 8243--8249). 4~. 12~ Motor freight transportation and warehousing (4225 mini- and self-storage warehousing only). ~ 13___~. Fishing, hunting and trapping (groups 0912--0919). ~ 14~ Glass and glazing work (1793). ~ 15__~. Crematories (7261). ~ 16___:. Justice, public order and safety (groups 9211,9221, 9222, 9224, 9229). ~ 17~ Local and suburban transit (groups 4111--4121). 4~. 18___~. Mobile home dealers (5271). ~ 19~ Miscellaneous repair services (groups 7622--7699). 4&. 20. Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet to any public street and that such yard shall be completely enclosed, except for necessary ingress and egress, pursuant to the requirements of Section 2.2.15 1/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, junkyards, or yards Page 42 of 168 Words struck ~c',:'gh are deleted, words underlined are added used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. ~ 21__~. Printing, publishing, and allied industries (groups 2711, 2721). 22.._:. Transportation services (groups 4724-- 1729). 2.2.15 1/2.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.16.2.1. 1. Permitted uses. Agricultural services (groups 0711, except that chemical treatment of soil for crops, fertilizer application for crops and lime spreading for crops shall be a minimum of 500 feet from a residential zoning district, 0721, except that aerial dusting and spraying, disease control for crops, spraying crops, dusting crops, and insect control for crops (with or without fertilizing) shall be a minimum of 500 feet from a residential zoning district, 0722--0724, 0761, 0782, 0783). 2. Apparel and other finished products (groups 2311--2399). 3. Ancillary Plants. ~ 4~ Automotive repair, service, and parking (groups 7513--7549). 4:. 5~ Barber shops (group 7241). &. 6~ Beauty shops or salons (7231). ~ 7~ Building construction (groups 1521--1542). 7-:. 8. Business services (groups 7312, 7313, 7319, 7334--7336, 7342--7389, including auction roo~ns (5999), subject to parking and landscaping for retail use). ~ 9__:. Communications (groups 4812--4899 including communications towers up to specified heights, subject to section 2.6.35). ~. 10__.:. Construction--Special trade contractors (groups 1711-- 1799). ~ 11__~. Crematories (7261). 44:. 12___:. Depository and nondepository institutions (groups 6011--6163). ~ 13~. Eating places (5812). JA3:. 14__~. Educational services (8243--8249). ~ 15_~. Electronic and other electrical equipment (groups 3612--3699). 4&. 16__.~. Engineering, accounting, research, management and related services (groups 8711-- 8748). ~ 17__~. Fabricated metal products (groups 3411--3479, 3491--3499). Page 43 of 168 Words sm:c~x t~,~,~g~ are deleted, words underlined are added 4~. 18._~. Food and kindred products (groups 2011--2099 except slaughtering plants). ~ 19___:. Furniture and fixtures (groups 2511--2599). 4~. 20__~. General aviation airport. ~ 21_~:. Gunsmith shops (groups 7699) ~%. 22. Heavy construction (groups 1611--1629). ~ 23__.:. Health services (8011 accessory to industrial activities conducted on-site only). ~ 24_~. Industrial and commercial machinery and computer equipment (3511--3599). ~ 25_.~. Insurance agents, brokers, and service, including Title Insurance (group 6361 and 6411). L~. 26___:. Leather and leather products (groups 3131--3199). L~. 27___:. Local and suburban transit (groups 4111~-4173). L~. 28_~:. Lumber and wood products (groups 2426, 2431--2499). ~ 29__~. Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks (groups 3812--3873). 29:. 30.~:. Membership organizations (groups 8611,8631). ~ 31__~. Miscellaneous manufacturing industries (groups 3911--3999). ~ 32__.:. Miscellaneous repair services (groups 7622--7699) with no associated retail sales. S~. 33. Motor freight transportation and warehousing (groups 4212, 4213 4225, 4226 except oil an'~ gas storage, and petroleum and chemical bulk stations). S&. 34__~. Outdoor storage yards pursuant to the requirements of section 2.2.151/2.6. ~ 35. Paper and allied products (2621--2679). g&. 36__:. Personal services (groups 7211--7219). 56:. 37. Physical fitness facilities (group 7991). ~. 38__.:. Printing, publishing and allied industries (groups 2711--2796). $g:. 39_~:. Railroad transportation (4011, 4013). g~. 40__~. Real estate brokers and appraisers (6531). 40:. 41__~. Rubber and miscellaneous plastics products (groups 3021, 3052, 3053). ~ 42___:. Shooting range, indoor (group 7999). 4~. 43. Stone, clay, glass, and concrete products (groups 3221, 3251, 3253, 3255--3273, 3275, 3281). ~ 44.Textile mill products (groups 2211--2221, 2241--2259, 2273--2289, 2297, 2298). ~ 45__.~. Title abstract offices (group 6541). 4&. 46. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 46.47. Transportation by air (groups 4512~4581). ~ ~8...Transportation services (groups 47244783, 4789 except stockyards). 4&. 49. United States Postal services (4311). 40.50~ Welding repair (7692). ~ 51__~. Wholesale trade--Durable goods (groups 5012--5014, 5021--5049, 5063--5092, 5094--5099). Page 44 of 168 Words str.:ck ~ugk are deleted, words underlined are added ~ 52. Wholesale trade--nondurable goods (groups 5111--5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500 feet from a residential zoning district (5192--5199). 2.2.16.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. Sec. 2.2.17. Conservation District (CON District). 2.2.17.1. PURPOSE AND INTENT. The purpose and intent of the ~Conservation dD_istrict (CON District) is to conserve, protect and maintain vital natural resources within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that 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 Wildlife Refuge, portions of th__~e Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON dDistrict to require review of all development proposed within the CON dDistrict 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 furore land use map of the Collier County growth management plan. T!.e max!m'.am~..~.~`4~"°;*" p~;~;~.,~w__~.~ Ln a,~_... of the grc;;~h :r~nagcmcnt plan. 2.2.17.2. ~ ALLOWABLE USES. The following uses are pe_--n-2Red a: ~fnght, ar as uses accessc.D~ tc pe-":niX:~ 'aces, allowed in the CON District. 2.2.!7.2.! A. USES PERMITTED AS OF RIGHT. 1 u-~-"~' ....... '~ ~o On privately held land only, single family dwelling units, and mobile homes where the Mobile Home Zoning Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and other types of housing, as may be incidental to, and in support of, conservation uses. 3. Passive parks, and other passive recreational uses, including, but not limited to: ~.a__. Oopen space and recreational uses:; b_. t~biking, hiking, canoeing, and nature trails:~ gequestrian paths:; and d_. Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Family and Group Care Facilities. Page 45 of 168 Words sWack ~ccugh are deleted, words underlined are added 6. Sporting and Recreational camps incidental to Conservation uses on public lands; or, on privately held lands, 7. Agricultural uses that fall within the scope of Sections 163.3162(4) and 823.14(6) Florida Statutes. :¢:.8=Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C- 25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 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.!7.2.2. 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.!7.3. C. CONDITIONAL USES. The following uses are permitted as conditional uses in the cznzev.'at!cn d!s~ict 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 lim/t the size, location, and access to the conditional use. 3. Cemeteries. 6. Agricu!rar:. ~.1 Oil and gas field development and production, subject to state field development permits and Collier County site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Page 46 of 168 Words struck t~ac',:gk are deleted, words underlined are added Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62- 30.005(2)(a)( 1 ) through (12), F.A.C. 2. Those Essential Services 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.~.. 2.2.17.3. DESIGN CRITERIA. A_~. DIMENSIONAL STANDARDS. The following dimensional standards shall apply to all permitted and accessory uses in the conservation district (CON). 2.2. ! 7.4.1. Minimum lot area. Five acres. Each dwelling unit, other than for staff housing and sporting and recreational camps, must be physically situated on a minimum five acre parcel except within the Big Cypress National Preserve, where each dwelling unit must be physically situated on a minimum 3 acre parcel, except for those legal nonconforming lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big Cypress National Preserve and of less than 3 acres within the Big Cypress National Preserve. 2.2.17.4.2. Minimum lot width. One hundred fifty feet. 2.2. !7.4.3. Minimum yard requirements. ha_. Front yard. 50 feet. ~b__. Side yard. 50 feet. &c~Rear yard. 50 feet. 2.2.17.4.4. Maximum height. Thirty-five feet. 2.2. ! 7.4.5. B_~. MAXIMUM DENSITY AND INTENSITY. 1. Single family dwellings and mobile homes 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. 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, ,,,~,h~, **,- m. r~ ...... x~..~^~,~ 'D ....... it~ 2. Family Care Facilities: 1 unit per 5 acres. 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. 4. Sporting and Recreational 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. 2.2. ! 7.~..~. C__~. OFF-STREET PARKING. As required in D._division 2.3. Page 47 of 168 Words stn:c!r t~.roug~ are deleted, words underlined are added 2.2. ! 7.4.7. D_~. LANDSCAPING. As required in D__division 2.4. 2.2.17.4.8 E~ SIGNS. As required in D_division 2.5. 2.2.18.2.1. Permitted uses. 1. Administrative service facilities. 6. Educational Plants. & 7_.:. Essential public service facilities. ~. 8__:. Fairgrounds. & 9~ Libraries. ¢. 10~ Museums. 4~. 11..~. Park and recreational service facilities. 44-:. 12___~. Parking facilities. ~ 13__:. Safety service facilities. -1-&. 14. Any other public structures and uses which are comparable in nature with the foregoing uses. 2.2.18.3. Conditional uses. The following uses are permissible as conditional uses in the public use district (P), subject to the standards and procedures established in ~i¥isi,en section 2.7.4: 1. Airports and parking facilities. 2. Ancillary Plants. ~ 3~ Animal control. 3:. 4~ Detention facilities and jails. 4:. 5~ Detoxification facilities. ~. 6~ Electric or gas generating plants. 6:. 7~ Incinerators. :7-:. 8~ Major maintenance and service facilities. g:. 9~ Mental health and rehabilitative facilities, not for profit. ¢. 10~. Resource recovery plants. 4&. 11__:. Rifle and pistol range for law enforcement training. ~ 12~ Sanitary landfills. ~ 13.__~. Any other public uses which are comparable in nature with the foregoing uses. -1-&. 14___:. Earthmining. 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining district shall apply to all portions of the site within 100 feet of the adjoining district. Page 48 of 168 Words s~ac!: t~eugk are deleted, words underlined are added 1. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property_ lines. 2.2.19.2.1. Permitted uses. 1. Child care centers. 7. Public, private and parochial schools. schools. This includes "Educational Plants" for public 2.2.19.3. Conditional uses. The following uses are permitted as conditional uses in the community facility district (CF), subject to the standards and procedures established in divigi,vn section 2.7.4: 1. Ancillary Plants. -1-:. 2~ Archery ranges. g:. 3_. Cemeteries. ~. 4_. Community centers. & 5~ Golf driving ranges. ~. 6.~. Group care facility (category II, care unit), subject to section 2.6.26. 6:. 7~ Marinas, boatramps. ~. 8__:. Private clubs, yacht clubs. 8:. 9~ Public swimming pools. ~. 10_.~. Tennis facilities. 2.2.19.4.3. Minimum yard requirements. 1. Front yard. 25 feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory_ structures: 25 feet from all property lines. 2.2.20.7. Special requirements for public school facilities within a planned unit development. 2.2.20.7.1. Permitted facilities. Page 49 of 168 Words stn:,zk t~c::gk are deleted, words underlined are added Ancillary Plants and Educational Plants are both permitted in a planned unit development district; however, any high school located in this district is subject to a compatibility review as described in Section 3.3. of the code. 2.2.20.7.2. Yard Requirements for public schools. 1. For principal structures: 50 feet from all property lines. 2. For accessory structures: 25 feet from all property lines. 2.2.27 Rural Lands Stewardship Area Overlay District Design Standards 2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the meanings set forth below, to the exclusion of any meanings ascribed to such terms in Division 6.3.: 1. Accessory Dwelling Unit - a dwelling unit that is supplemental and subordinate to a primary dwelling on the same premises, limited to 650 square feet. 4-:. 2~ Baseline standards - Baseline standards are the allowable uses, density, intensity and other land development regulations assigned to land within the RLSA District by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to July 25, 2000, and subject to the further provisions of section 2.2.27.8. 3. Building Height - Refers to the vertical extent of a building. Building height is measured in Stories. 4. Civic and Institutional Uses - Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including the arts, education, government and religion. ~. 5__:. Compact rural development (CRD) - Compact rural developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD without permanent residential housing is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services necessary to support permanent residents. 6. Context Zones - Areas that establish the use, intensity and diversi _ty within a town, village or hamlet. Context zones specify permitted land uses, FARs, building height, setbacks, and other regulating elements to guide the establishment of the urban to rural continuum. ~. 7~ Designation - Application of the SSA or SRA concepts through a formal application, review, and approval process as described in the RLSA District Regulations. 4:. 8~ FSA -flow way stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. FSAs form the primary wetland flow way systems in the RLSA District. &. 9~ Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-family housing and a limited range of convenience-oriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. ~.. 10~ HSA - habitat stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. 7-:. 11__.:. Land use - land cover indices - One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (Florida Department of Transportation 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641,643); Page 50 of 168 Words o~,.,,.v ,~ .....~, ~.-o deleted, words underlined are added Group 2 (Codes 321,411, 4119, 425,434, 439, 428); Group 3 (211,212, 213,214, 221,222, 241, 242, 243,250, 260, 261,310, 329, 330, 422, 510, 521,523, 533, 534); and Group 4 (all others). ~ 12. Land use layer (layer) - Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. ~. 13. Land use matrix (matrix) - The tabulation of the permitted and conditional land uses withi~n the baseline standards set forth in section 2.2.27.9.B.4, with each land use layer displayed as a single column. ~ 14. Listed species habitat indices - One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations of listed species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCCS, as 310, 321,411,425,428, 434, 617, 6172, 621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. -14-: 15__:. Natural resource index (index) - A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship overlay delineation, proximity, listed species habitat, soils/surface water, restoration potential, and land use/land cover. J,-X. 16___~. Natural resource index map series (index maps') - The Rural Lands Study Area Natural Resource Index Map Series adopted as part of the FLUE. ~ 17__~. Natural resource index value (index value) - The sum of the values assigned to each acre, derived through the calculation of the values assigned to each of the six characteristics included in the index. 18. Neighborhood Edge - A defining Context Zone that includes the least intensity and diversity within the town, village or hamlet. The zone is predominantly single family residential and recreational uses. The Neighborhood Edge may be use to provide a transition to adjoining rural land uses. 19. Neighborhood General - A defining Context Zone that creates community diversity with the inclusion of a mix of single and multi-family housing, neighborhood scale goods and services, schools, parks and other recreational uses, and open space. 20. Neighborhood Goods' and Services Zone - Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkability. ~ 21. Open space - Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. 22.Pathway - A defined corridor for the primary_ use of non-motorized travel. ~ 23._~. Post secondary institution ancillary uses - Any use or facility owned by a public or private post secondary institution that is of a type commonly found on public or private post secondary institution campuses. -14:. 24~. Proximity indices - One of the indices comprising the natural resource index value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. 4-7-: 25...~. Restoration potential indices - One of the indices comprising the natural resource index value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. Page 51 of 168 Words smao~a ~z,eugh are deleted, words underlined are added 4&. 26. Restoration zone - Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. 4~. 27. RLSA District - Rural Lands Stewardship Area Zoning Overlay District - The area generally depicted on the future land use map and specifically depicted on the official zoning atlas map as the rural lands stewardship area overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. ~ 28. RLSA overlay map - The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, restoration zone, and open. g-l-:. 29_.~. RLSA district regulations - Collier County Land Development Code Section 2.2.27. ~ 30. Soils/surface water indices - One of the indices comprising the natural resource index value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non-Hydric Soils (NSLP Categories 8, 9, and 11). 31. Special Districts - An area 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. ~ 32. SRA - Stewardship receiving area - A designated area within the RLSA District that has been approved for the development of a hamlet, village, town or CRD and that requires the consumption of stewardship credits. ~ 33. SSA - Stewardship sending area - A designated area within the RLSA District that has been approved for the generation of stewardship credits in exchange for the elimination of one or more land use layers. ~ 34. Stewardship credit (credit) - A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in section 2.2.27.10.B.2. ~ 35. Stewardship credit database - A database maintained by the county that keeps track of all of the credit transactions (generation of credits through SSA designation and the consumption of credits through SRA designation) approved by the county. 3-7-:. 36. Stewardship credit system - A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. gat. 37__:. Stewardship credit worksheet - An analytical tool that manually describes the stewardship credit calculation process including the natural resource index and land use layer components. The worksheet can be used to document proposed changes to the index component during the SSA and SRA designation processes. ~ 38~. Stewardship overlay designation - One of the indices comprising the natural resource index value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where land use layers 1 through 3 are removed, Restoration Zone. Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value for the designation with the higher value but shall not receive value for both designations. 39. Stor); - 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. 40. 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. 50:. 41___~. Town - Towns are a form of SRA and are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns are comprised of several villages and/or neighborhoods that have individual identity and character. Page 52 of 168 Words .... v ,~, ..... ~- ~o deleted, words underlined are added 42. Town Center - A defining Context Zone that is intended to provide a wide range of uses, including daily goods and services, culture and entertainment, and residential uses within a Town. The Town Center is an extension of eth Town Core, however the intensity is less as the Town Center serves as a transition to surrotmding neighborhoods. 43. Town Core - A defining Context Zone within a Town. The Town Core is the most dense and diverse Context Zone with a full range of uses. The Town Core is the most active area within the Town with uses mixed vertically and horizontally. 3-h. 44. Village - Villages are a form of SRA and are primarily residential communities with a diversi'~W of housing types and mix of uses appropriate to the scale and character of the particular village. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. 45. Village Center - A defining Context Zone within a Village that is intended to provide a wide range of uses including daily goods and services, culture and entertainment, and residential uses. ~ 46__~. WRA - Water retention area - Privately owned lands delineated on the RLSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural water retention areas and that provide surface water quality and other natural resource value. 2.2.27.10. SRA DESIGNATION G. Master plan. To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that the SRA complies with all applicable growth management plan policies and the RLSA District and is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs, and conservation lands on the RLSA overlay map. 1. Master plan requirements. A master plan shall accompany an SRA designation application to address the specifics of each SRA. The master plan shall demonstrate that the SRA is designed so that incompatible land uses are directed away from lands identified as FSAs, HSAs, WRAs and conservation lands on the RSLA overlay map. The plan shall be designed by an urban plaimer who possesses an AICP certification, together with at least one of the following: a. A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. A qualified environmental consultant per :eztien Division 3.8 of the LDC; or c. A practicing landscape architect licensed by the State of Florida. J. Design criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177(11), F.S. and 0J-5.006(5)(1). The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in the density rating system of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through stewardship credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA district have been established in the goals objectives and policies of the RLSA overlay. All SRAs designated pursuant to this section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set Page 53 of 168 Words stn:ck ~.rm:gS are deleted, words underlined are added forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Town* Village Hamlet Compact Rural Development Characteristics Size (Gross 1,000--4,000 acres 100--1,000 acres 40--100 acres** 100 Acres or less** Greater than 100 Acres** Acres) Residential 1--4 DUs per gross acre*** 1--4 DUs per gross acre*** ~/2--2 DUs per gross acre*** 1/2--2 Dus per gross acre**' 1-4 Dus per gross acre*** Units (DUs) per gross acre base density Residential Full range of single family Diversity of single family and Single Family and limited Single family and limited Single family and limited Housing Styles and multi-family housing multi-family housing types, multi-family multi-family .... multi-family .... types, styles, lot sizes styles, lot sizes Maximum Retail & Office - .5 Retail & Office - .5 Retail & Office - .5 Retail 8, Office- .5 Retail & Office - .5 Floor Area Civic/Governmentaltlnstitutio CivicJGovemmental/Institutio Civic/Govemmental/Institutio Civic/Governmental/Institutio Civic/Govemmental/Institutio Ratio or n - .6 n - .6 n- .6 n - .6 n - .6 Intensity Manufacturing/Light industrial Group Housing- .45 Group Housing - .45 Group Housing - .45 Group Housing - .45 - .45 Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Transient Lodging- 26 upa Group Housing - .45 net net net net Transient Lodging - 26 upa net Goods and Town Center with Community Village Center with Convenience Goods and Convenience Goods and Village Center with Services and Neighborhood Goods Neighborhood Goods and Services: Minimum 10 SF Services: Minimum 10 SF Neighborhood Goods and and Services in Town and Services in Village Centers: , gross building area per DU gross building area per DU Services in Village Centers: Village Centers: Minimum 65 Minimum 25 SF gross Minimum 25 SF gross SF gross building area per building area per DU building area per DU DU; Corporate Office, Manufacturing and Light Industrial Water and Centralized or decentralized Wastewater community treatment system Interim Well Centralized or decentralized and Septic community treatment system Interim Well Individual Well and Septic Individual Well and Septic Centralized or decentralized and Septic System: Centralized or System: Centralized or community treatment system decentralized community decentralized community Interim Well and Septic treatment system treatment system Recreation Community Parks (200 Parks & Public Green Spaces and Open SF/DU) with Neighborhoods Spaces Parks & Public Green Spaces Active Recreation/Golf with Neighborhoods Courses Active Recreation/Golf Lakes Courses Open Space Minimum 35% Lakes of SRA Open Space Minimum 35% of SRA Public Green Public Green Spaces for Parks & Public Green Spaces Spaces for :Neighborhoods (Minimum with Neighborhoods Neighborhood 1% of gross acres) Active Recreation/Golf s (Minimum Courses 1% of gross Lakes acres) Open Space Minimum 35% of SRA Civic, Wide Range of Services - Moderate Range of Services Limited Services Limited Services Moderate Range of Services Government minimum 15 SF/DU - minimum 10 SF/DU; Pre-K through Elementary Pre-K through Elementary - minimum 10 SF/DU; and Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools Institutional Services Transportation Auto - interconnected system Aulo - interconnected system Auto - interconnected system Auto - interconnected system Aulo- interconnected system of collector and local roads; of collector and local roads; of local roads )f local roads of collector and local roads; required connection to required connection to Pedestrian Pathways Pedestrian Pathways required connection to collector or arterial collector or arterial Equestrian Trails Equestrian Trails collector or arterial Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and 3athway system )athway system pathway system County Transit Access Equestrian Trails Equestrian Trails County Transit Access County Transit Access * - Towns are prohibited within the ACSC, per policy 4.7.1 of the Goals, Objectives, and Policies. ** - Villages, hamlets, and compact rural developments within the ACSC are subject to location and size limitations, per policy 4.20, and are subject to Chapter 28-25, FAC. *** - Density can be increased beyond the base density through the affordable housing density bonus or through the density blending provision, per policy 4.7 **** - Those CRDs that include single or multi-family residential uses shall include Page 54 of 168 Words s~"ack tFxcugk are deleted, words underlined are added proportionate support services. Underlined uses are not required uses. b. Streets within SRAs shall be designed in accord with the cross-sections set forth in Figures 1-22 below, as more specifically provided in J.2 through J.5. Alternatively, Collier County Transportation Services may approve additional cross-sections as needed to meet the design objectives. (1) Figure 1: Town Core/Center. (2) Figure 2: Town Core/Center. (3) Figure 3: Alley: Town Core/Center. TO~ (4) Figure 4: Town Core/Center Page 55 of 168 Words gWack ~eug~ are deleted, words underlined are added TOWN C~IR E/"C E]~,,rr ER F'I~I..IR£ 4. (5) Figure 5: Town Center FIIDJRE O (6) Figure 6: Town Center (7) Figure 7: Neighborhood General. (8) Figure 8: Neighborhood General. Page 56 of 168 Words sm:ck ~co::gh are deleted, words underlined are added NFI~"IB~RHODO G ENl~e;~l_ (9) Figure 9: Neighborhood General. NEI;HEIOEHOOD ;~NER,alL RIaL,IRE ~ (10) Figure 10: Neighborhood General. NEIGHB~RHOOO I~ NER~ F'IGU RE 10 (11) Figure 11: Neighborhood General. Page 57 of 168 Words s~ac!z t?~.v::gh are deleted, words underlined are added (12) Figure 12: Neighborhood General NF'I~HBORHODn BENEP4~. F'I~iUR£ 12 (13) Figure 13: Alley: Neighborhood General. 1:3 (14) Figure 14: Neighborhood General. NB~"IBDRHOOD GENERAL FIGURE~ 14, hLT.=J (15) Figure 15: Neighborhood General. Page 58 of 168 Words s~ack tkrcugh are deleted, words underlined are added N EIt3"IilORHOD O FIGUI[ '15 R.T.~ (16) Figure 16: Neighborhood General. NE]III"IBflRHODri FIGURE #.T.~ I~JRR dl nurilElt (17) Figure 17: Neighborhood General. 't RGURE 17 (18) Figure 18: Neighborhood General. Fl Gt, JRE 18 IV, T;& Page 59 of 168 Words s~ack ~cugh are deleted, words underlined are added (19) Figure 19: Neighborhood Edge. (20) Figure 20: Neighborhood Edge. FIGURE 20 (21) Figure 21: Neighborhood Edge. F1GURE 21 P~'T& (22) Figure 22: Neighborhood Edge With or Without Median &"ro ii. I~3GI'~iGIRHO~I~ E~IGE w,~n MEDI~,J ~JR£ 22 Page 60 of 168 Words sm'.ck t?~ough are deleted, words underlined are added 2. Town Design Criteria.L~'~'rV ....... ~J'~] a. General design criteria. (1) Shall be compact, pedestrian-friendly and m/xed-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 maximum allowed density. (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 adm/nistrative 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 densi _ty, 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; and (11) May include the Context Zone of Neighborhood Edge. b. Transportation Network (1) The transportation network shall provide for a high level of mobility for all residents through a design that respects the pedestrian and accommodates the automobile. (2) The transportation network shall be designed in an interconnected system of streets, sidewalks, and pathways. 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 of a Town. It is the most dense and diverse zone, with a full range of uses within walking Page 61 of 168 Words 5~"'dclA tF:ough are deleted, words underlined are added 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 communiW 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. (1) 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. (h) There shall be no minimum lot size. (i) The maximum block perimeter shall be 2500 Ft. (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 identif~ the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also review for compliance with the landscape requirements. (n) The majority of parking spaces shall be provided off-street in the rear of buildings, or along the side (secondary streets), organized into a series of small bays delineated by landscape islands of varied sized. A maximum spacing between landscape islands shall be ten (10) spaces. Landscape islands and tree diamonds greater than fifteen (15) square feet in size shall have a minimum of one tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary_ street shall either include ground floor retail or have a minimum ten (10) foot wide landscaped area at 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 five (5) square feet of landscaped area. The amount of required parking shall Page 62 of 168 Words g~ack tF~rc, ug~ are deleted, words underlined are added be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the fight-of-way, and a five (5) foot streetscape area between the back of curb and the sidewalk. (p) Landscaping minimums within the Town Core shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of five (5) feet in width, with trees planted forty (40) feet off-center. The five- foot minimum wide of planting area may be reduced to three (3) feet if the trees are planted in tree grates. The street tree pattern may be interrupted by architectural elements such as arcades and colunms. (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 adiacent property shall not be permitted. iv. Creativi _ty 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 facade facing a public street or a parking lot shall be limited to 20% of the total area of the facade. vii. Mounting height: No part of a sign which 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 major consideration in the selection of materials. x. Color: The color of signs shall be compatible with the colors and style of the building to which they are attached or otherwise associated. (r) 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 - Fafade 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 1 O0 Sq. Ft. Page 63 of 168 Words ............ e~- are deleted, words underlined are added 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. ft (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 ft (2 faces at 12 Sq. Ft. each. x. 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 by Division 2.5. (s) The following sign types are prohibited: 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) iv. Signs with changeable text (except Marquee) v. Off-site signs. Billboards. (2) Town Center. The Town Center shall provide a wide range of uses including daily goods and services, culture and entertainment, within walking distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking environment. It is the Main Street area of the Town. Buildings shall be positioned near the right- of-way line, wide sidewalks shall be shaded by street trees and architectural elements. The following design criteria shall be applicable to the Town Center, with the exception that, as deemed appropriate by the Collier county planning staff, the building height, building placement, building use, parking, and signage of civic or institutional buildings may deviate from such standards with respect to the creation of focal points, terminating vistas and significant community landmarks: (a) Commercial, retail, office, civic, institutional, light industrial and manufacturing, essential services, parks, residential and schools and 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. Page 64 of 168 Words s~ac'a tF~rc, ugk are deleted, words underlined are added (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. (0 The maximum density for transient lodging shall be 26 dwelling units per Town Center gross acre. (g) The maximum building height shall be 45 stories. (h) The minimum lot area shall be 1,000 square feet. (i) The maximum block perimeter shall be 2500 Ft. (j) 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. (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) 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 with the landscape requirements. (n) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (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. (3) Neighborhood General. Neighborhood General is predominately residential with a m/x of single and multi-family housing. Neighborhood scale goods and services, schools, parks and open space diversi _fy 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. (bl 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. (d) Single family residential uses shall adhere to the following: 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 six _ty (60) square feet of shrub planting per lot, on lots that are 3,000 square feet or Page 65 of 168 Words swack ~.rcugh are deleted, words underlined are added less in areag eighty (80) square feet on lots that are greater than 3,000 square feet but less than 5,000 square feet in area~ and 100 square feet for lots 5,000 square feet or larger in area. Plantings shall be in identified planting areas, raised planters, or planter boxes in the front of the dwelling, with, at a minimum, turf grass for the remainder of the property. (e) Multi-family residential uses shall adhere to the following: 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 ft. 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. (f) 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 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 structure and 5 feet from the rear property boundary for any accessory_ structures. vii. Parking space requirements and design are the same as in the Town Core, with on-street parking provided only along the lot street frontage. No off-street parking shall be permitted between the front faqade and the front property line. No off-street parking shall be permitted between the side faqade and the street side property line for comer lots. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property. (g) General signage requirements: Page 66 of 168 Words sm:ck t~zv. ug~. are deleted, words underlined are added 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 faqade or related to that facade) ofa faqade facing a public street or a parking lot shall be limited to 20% of the total area of the faqade. iii. 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 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 adjacent properties or the public right-of-way. (h) Prohibited Sign Types: i. Pole signs ii. 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 projecting 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. (i) The following sign types are allowable: i. Wall - A sign affixed directly to an exterior wall or fence. Maximum sign area - 24 square ft. 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 faqade 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. Hanging - A sign attached to and located below any eave, 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 signs as allowed by Division 2.5. (j) Signage within Neighborhood Goods and Service Zones shall adhere to the following: Page 67 of 168 Words s~ack U~cugh are deleted, words underlined are added 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. (k) Streets shall adhere to J. 1.b and Figures 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, or 18. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (4) Neighborhood Edge (optional). Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensi _ty and diversity within the Town. The m/x of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge ma,/be used to provide a transition to adjoining rural land uses. The following standards shall apply with the Neighborhood Edge: (a) The permitted uses within the Neighborhood Edge are residential, parks, open space, golf courses, schools, 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 19, 20, 21 or 22. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. (5) Special District (optional). The Special District provides for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. Special Districts could be for uses such as Universities, business or industrial parks, retirement communities, resorts, etc. 3. Village Design Criteria.L~.~o~ 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. Page 68 of 168 Words sWack t?zough are deleted, words underlined are added (4) 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. (5) Be developed in a progressive rural to urban continuum with the greatest density, intensity and diversi _ty occurring within the Village Center, to the least density, intensity and diversity occurring within the Neighborhood Edge. (6) 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 buffering, open space, land use, or other means. b. Transportation Network. The transportation network for a Village shall adhere to the same standards provided for within a Town. c. Parks. A Village shall provide a range of active and passive parks, squares and playgrounds as appropriate to be located within each Context Zone and Special District. d. Context Zones. (1) General. (a) Villages shall be designed to include a minimum of two Context Zones: Village Center and Neighborhood General. (b) Each 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 Center Context Zone. (a) The allowable uses within a Village Center are commercial, retail, office, civic, institutional, essential services, parks, residential and schools and accessory_ uses. (b) Uses may occur in shared use buildings or single use buildings. (c) The floor area ratio of any use shall not exceed 2 for the total building area within each block, shall not exceed 0.5 for retail and office uses per block shall not exceed 0.6 for civic uses per block. (d) Transiem Lodging - 26 dwelling units per Village Center gross acre (e) Maximum building height - 5 Stories 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 Page 69 of 168 Words sm:ck t~augh are deleted, words underlined are added (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 shall be reviewed by Collier County planning staffwith perspective as these buildings creating focal points, vistas and significant community landmarks. Specific design standards shall be provided in the SRA development document. (n) Architectural Standards: Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. The SRA document shall identify the process for architectural review and approval through the applicant's establishment of an architectural review board. The architectural review board shall also review for landscape compliance. (o) Streets shall adhere to J.l.b. and Figures 1, 2, 3, 4, 5, or 6. At a minimum all proposed streets shall include sidewalks on both sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area between the back of curb and the sidewalk. (p) General parking criteria i. On-street parking spaces within the limits of the front property line, as projected into the right-of-way, shall count towards the required number of parking spaces. 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. (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 islands and tree diamonds shall have a minimum of one canopy tree. Parking is prohibited in front of buildings, except within the right-of-way. Parking lots shall be accessed from alleys, service lanes or secondary streets. Parking structures fronting on a primary street shall include grotmd floor retail. Parking structures fronting on a secondary street shall have a minimum 10 Ft. wide, densely landscaped area at grade, including one tree per 5 Sq. Ft. of landscaped area. The amount of required parking shall be demonstrated through a shared parking analysis submitted with an SRA designation application. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. (r) Landscaping minimums within the Village Center shall be met by providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimum of 5 Ft. in width, with trees planted 40 Ft. O.C. The street tree pattern may be interrupted by architectural elements such as arcades and columns. Page 70 of 168 Words stw. ack ~zcugh are deleted, words underlined are added (s) Signage standards within the Village Center shall comply with those provided in the Town Center. (3) Neighborhood General. Design standards for the Neighborhood General within a Village shall be the same as defined within a Town. (4) Neighborhood Edge (optional). Design standards for the Neighborhood Edge within a Village shall be the same as defined within a Town. (5) Special District (optional). The Special District is used provided for uses and development standards not otherwise provided for within the Context Zones. Uses and development standards shall be defined in detail within the SRA development application for review by Collier County staff. 4. Hamlet Design Criteria [Regerve~] 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: 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. 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_. (e) For multi-family residential uses: Maximum lot area: 4 acres. ii. Front yard setbacks - 10 Ft. Page 71 of 168 Words :m:'c!z x~m:g5 are deleted, words underlined are added 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. iii. iv. Maximum square footage per use is 5,000. Maximum square footage per location is 20,000. Min. lot area: No less than the min. lot area of the smallest adiacent 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 faqade and the front property line. All off-street parking shall be screened from the street and adjacent property by wall, fence and/or landscaping. ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq. Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in planting areas, raised planters, or planter boxes in the front of the building. Minimum of turf grass for the remainder of the property_. x. Signage within Neighborhood General shall comply with the standards provided in the Town Neighborhood General. xi. Streets shall adhere to J.l.b. and Figures 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16. At a minimum all proposed streets must include sidewalks on both sides of the street, parallel to the right-of- way, and a 5 foot streetscape area between the back of curb and the sidewalk. (2) Neighborhood Edge. Neighborhood Edge is predominately a single-family residential neighborhood. This zone has the least intensity and diversity. The mix of uses is limited. Residential lots are larger and more open space is evident. The Neighborhood Edge may be used to provide a transition to adjoining rural land uses. (a) Uses- residential, parks, golf courses, schools, essential services Page 72 of 168 Words s~ack '~c, ugk are deleted, words underlined are added 2.2.27.11 (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. (0 Parking. - Parking space requirements and design are the same as in the Town Core. Provision shall be made for an additional parking space if an accessory dwelling unit is built. (g) Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings shall be in planting areas, raised planters, or planter boxed in the front of the dwelling. Minimum of turf grass for the remainder of the property_. (h) Streets shall adhere to J.l.b and Figures 17, 18, 19, or 20. At a minimum all proposed streets must include a 10-foot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. 5. Compact Rural Development Design 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 standards of a Village or Hamlet as set forth herein based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services shall be provided. b. Example. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that necessary to support permanent residents. BASELINE STANDARDS [Rcsc,'~,'ed]: PURPOSE AND INTENT: These Baseline Standards will remain in effect for all land 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 sections 163.3162(4) and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water quali _ty 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. B. 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 subject to the transfer or receipt of Stewardship Credits. C. Allowable Uses: The permitted, accessory, and conditional uses allowed shall be those set forth in Section 2.2.2 in effect as of November [ ], 1999, with the following exceptions: Page 73 of 168 Words :Wack X~zugh are deleted, words underlined are added 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 in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as def'med in Rule 62C-30.001 (2). All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier Coun _ty outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 277.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All access roads shall be constructed and protected from unauthorized used according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. 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 ACSC shall be subject to all ACSC regulatory standards, including those that strictly limit non-agricultural clearing. E 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 bo human activities. (2) Fencing, walls, other obstructions, or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. (3) Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. The wildlife habitat management plan shall also incorporate the following: (1) a description of the techniqures used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above, as applicable; Page 74 of 168 Words sWack t?~rm:gh are deleted, words underlined are added (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. c. The following references shall be used, as appropriate, to prepare the wildlife habitat management plan: (1) South Florida Multi-Species Recovery Plan, USFWS, 1999. (2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. (3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gophems polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Technical Report No. 4, Florida Game and Fresh Water Fish Commission, 1987. (4) Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. (5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utlizes the site or the site is capable of supporting and is likely to support such species: (1) Gopher tortoise: For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. (2) Florida scrub jay: Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission.. 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub communi _ty. A public awareness program to educate residents about the on- site preserve and the 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 (Ursn~ 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 Page 75 of 168 Words sm:ck t?xcugh are deleted, words underlined are added humans. Mitigation for impacting habitat suitable for black bear shall considered in the management plan. (6) Panther: For projects located in Priority I or Priority II Panthe, Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fell:; 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 project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). 4. On property where the wildlife survey establishes that listed species are utilizing thc. site or where the site is capable of supporting listed species and such listed species can bc anticipated to potentially occupy the site, the County shall consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlifi, Service in issuing development orders. It is recogniyed that these agency reco~hmendations, on a case by case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. F. Golf Course Standards. Except as otherwise required by G or H below, all golf course~ within the RLSA District that are not within an SPA_shall be subject to the following requirements: ' 1. Golf courses shall be designed, constructed, and managed in accordance witl~ Audubon International's Gold Signature Program. The project shall demonstrate that thc Principles for Resource Management required by the Gold Signature Program (Silo 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 thc following specific criteria: a. In order to prevent the contamination of soil, surface water and ground wate, 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 adjust timing and amount of fertilization applications; (3) The use of an integrated pest management program using both biological and chemical agents to control various pests; (4) The coordination of pesticide applications with the timing and application of irrigation water; and (5) The use of the procedure contained in IFAS Circular 1011, Managing Pesticides _for Golf Course Maintenance and Water O. ualio! Protection, May 1991 (revised 1995) to select pesticides that will have minimum adverse impact on water quali _ty. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Objective 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- Page 76 of 168 Words sw~'.ek t~rm:gh are deleted, words underlined are added tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. 3. 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. 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 mn 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 ofFSAs, HSAs, WRAs, and the ACSC. Wetlands located outside ofFSAs, 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 Unifed Wetland Mitigation Assessment Method, F.A.C. 62-345. Upland vegetative communities may be utilized to meet the vegetative, open space, and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowway functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hydoperiod of preserved wetlands on or offsite and detention and control elevations 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. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in Division 3.9.5.3.B. 1 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 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: 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. Page 77 of 168 Words s~a:!: t~zeugh are deleted, words underlined are added 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. 8. 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 adiacent 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 de£med 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. 9. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs 8.a through 8.c above, as applicable. If state or federal agency permits have not provided mitigation consistent with paragraphs 8 above, the County shall require mitigation exceeding that of the jurisdictional agencies. 10. 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 7.d above. SEC. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT (NRPA) 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 unfragmented 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 Plan Unit Development); 2. CREW (Corkscrew Regional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Meade; Page 78 of 168 Words str'ac!~ t~,rm:g~ are deleted, words underlined are added 5. South Golden Gate Estates. RURAL FRINGE NATURAL RESOURCE PROTECTION AREAS LEE COUNTY IMMOKALEE ROAD LEE COUNTY NMOKALEE ROAD RANDALL BLVD GOLDEN GATE BOULEVARD N LEGEND NATURAL RESOURCE PROTECTION AREA B. NRPAS DESIGNATED AS RFMU SEND1NG 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. C. 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. 3. For privately owned lands within a NRPA within the RFMU District, permitted and conditional uses shall be those as set forth in the RFMU District Sending Lands (Section 2.2.2½.4.). Page 79 of 168 Words struck tFzc'.:gh are deleted, words underlined are added 4. For privately owned lands within a NRPA and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation within the Golden Gate Area Master Plan. As these privately owned Estates Designated lands are acquired for conservation purposes, the Comprehensive Plan and will be amended to change thc Designation to Conservation and the property will be rezoned to the CON district. 5. 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 bees, 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. c~ -~ ~ ~ Dee!arad¢n ~r p .................................... prate: (NPeAs). 2.2.2~ ~ Duration. On!> ..... ;- ~-~ uses a~ specified in be pe~JXed in *~e nat'~a! rese"~ce ............... ~ ....... / Area and thc Pc.~a! Land Lands ~ea, as these Areas arc identified in *~c Pat'~c !and usc element (FLUE) ~c ,~ grc~h mnnagomorX ~' ...... ;' .... k ,;~ ag *~ rezpoctiv: ccmpr~hznciv: plan .... ~ ...... ~* specifically deve!cpm~nt rets!at!ans. !n the .... cf gr~vXh ~znzgemepX plan ..... ;.~ ;~ ..... ;_g ~.~ ~ .... ,~p .... rc~a!adcns, *&e ....... ; ....k~n .... ;- in effect --~t!! crdknanze adopting suck regulations is legally effective. ~ ~ ~ ~ Gecgr~pk:c XCOFe of ....... ~ rcco;rce .......... ~re~s p ..........areas 2.2.3 !.3. Permitted Uccc, The fcllcv,'ing uses shall be the only uses a!!c-:,'ed in the naV'~a~ rescue: pretest!eh areas in tee P.,,~a! Fringe Area and *&e P.,-~a! Lands Area, as *&ese Areas are respect:ye grc~x~h management plan amendments ~ .... 4.~ ~cc~,;.,~ c ..... ~ ~-~ ~ .... 4~ 4- *~ FLUE, +~;~ "~;+~*;~- ~j~ed regulations arc ~p~:~.ny required c~. a p~;~"~ limitations in *k; ..... ;~- ~.. pe~Jeed uses .... ;1 ,,~ implementing ~'~ ~ .... ~P ~=nag:m:nt plan amendments, '~ .... ";~¢~ ..... ;~g ~ ~ .... ~¢~' r:g"~*; ..... pbffas: ~nc!ud:s p!armcd rank dev:!cpm:nt cr p!arm:d dev:!cpm:nt zoning ordinances. ~. Agficu!mra! =nd directly re!atcd uses. 2. On~ s~ng!~ fi~!y dy:al!Stag '~t p~r lot or p .... ~ ......~ prior to ~ 2.2.3!.4. Exc=pt:o~s. Th .... ~4~+4~" On USeS 4" +k ..... ;--.h,J;--~ xmo~% during assezsmgnt, or any p~"~ ,h .... f, ~h~, -~+ ~cc~, ~. u~;, ,~ .... ~ .... *:~- cf existhng uses. applications ......... ' which ~F'~+~ h ....~ ....... ;"~ by +~ count' pr:or *~ T .... continuation ~c existing uses ~n :,~,,~ ~xpansicns ~ *h ........ :~ ....h expansions conprehens!ve plan amen~ments. Page 80 of 168 Words .... 1. ,h ..... h ~r~ deleted, words underlined are added COLLIER COUNTY . N As 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. GENERAL LOCATION. 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 2.2.2~A.) Page 81 of 168 Words .... 4, +h ..... ~ ~r~ deleted, words underlined are added NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD I I ALLIGATOR ALLEY (S.R. 84) INTERSTATE- 75 LEGEND 2.2.31.3. APPLICABILITY: A. NBMO Receiving Lands. Permitted, conditional, and accessory uses within NBMO Receivin Lands shall be as set forth in Section 2.2.2~A.2 exce t as rovided 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 Receivin Lands shall com 1 with ~1 review rocedures for silt~ 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 2.2.2%.3. C. NBMO Sending Lands. Except as otherwise specifically provided in Section 2.2.31 all development with NBMO Sending. Lands shall be consistent with Section 2.2.2~A.4. 2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION: As a condition for the a royal of the residential corn onent of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. 1. An extension of Wilson Boulevard shall be provided, includine 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. Th~ portion of Wilson Boulevard that traverses through NBMO Sending Lands shall bc designed with aquatic species crossings and small terrestrial animal crossings. 2. As an alternative to 2 above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of Count~ 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 of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. Page 82 of 168 Words .... ~ *h ..... a ~ deleted, words underlined are added 4. All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 3 above, shall: a. be routed so as to avoid traversing publicly owned natural preserves, publicly owned parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative: and 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. B BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the_ · o 1~ NBMO NRPA to the east by a buffer preservation that ~ncludes all of the eastern 2 of tht, western 1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas betwee- the Wilson Boulevard extension road right-of-way and the NRPA. C. GREENWAY. A Greenway that follows natural flowwavs, 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 a~ part of the Greenway. 2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS A. RECEIVING LANDS 1 .Density. a. The base density in RFMU Receiving Lands, outside of a Rural Village is one dwelling unit per five (5) gross acres, 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 havine a functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitiation Assessment Method, of 0.65 or greateL that are preserved on-site; and/or (3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving I ands 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 no[ 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 thc 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 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 Page 83 of 168 Words sm:ck ~.~ug~ are deleted, words underlined are added on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. 3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a Rural Village. 4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for Rural Village set forth in Section 2.2.2 ½.2.11, except as follows: a. Density. A NBMO Rural Village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. (1) The minimum required density shall be achieved through TDR and Bonus Credits, as provided in Section 2.2.21A.2.B.3.c. (2) Once the minimum required densi _ty 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 Creditsi (b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-site; (c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Mangement District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on-site; and/or (d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area 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. B. 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. SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.3. OFF- STREET PARKING AND LOADING Division 2.3. Off-Street Parking and Loading, of' Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING Sec. 2.3.5. Passenger vehicle parking in conjunction with residential structures. Page 84 of 168 W~ ..... ~ ~' ..... ~' ~re deleted, words underlined are added 2.3.5.1. Purpose and intent. It is the intent and purpose of this section to limit the number of vehicles that may be parked on a property and to prohibit the parking of vehicles in areas of a lot not specifically designated for such use. These regulations shall apply to all passenger vehicle parking activities or storage of passenger vehicles in connection with residential structures which are located on property designated as mixed use urban residential on the future land use map of the growth management plan in effect as of the effective date of this ordinance and which are zoned or used for residential uses. The parking or storage of vehicles in connection with the residential dwelling units which the parking activities are ancillary and accessory to shall be regulated as set forth below. 2.3.5.!. 2.3.5.2. Definitions. For purposes of this section, a passenger vehicle shall be defined as a car, pickup truck, motorcycle, van, sports utility vehicle or the like, used primarily for personal transportation and the transportation of others but which is not for hire or used for commercial or recreational purposes. 2.2.5.2. 2.3.5.3. Single family dwelling units. The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the residential dwelling unit together with any attached or detached garage or carport. 2.3.5.3. 2.3.5.4. Two family dwelling units: The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2,2.5.d. 2.3.5.5. Multiple family dwelling units (i.e. 3 or more dwelling units except for garden apartments as defined in section 6.3. of this Code). The following requirements shall apply to those vehicles parked or stored outside of an enclosed structure including the dwelling unit together with an attached or detached garage or carport: 2.2.5.5.2.3.5.6. Single family attached dwelling units. Where structures consist of single family attached (i.e. row houses) dwelling units, each with its own driveway to a common accessway, or public or private street, then all parking areas shall be limited to a designated driveway or driveway and garage combination. 2.3.5.6..2.3.5.7. Vehicle ownership requirements. Vehicles parked and]or stored in connection with residential dwelling units as described above shall be owned or leased by the occupants of the dwelling units or their guests. Vehicles owned by a firm, corporation or entity for which the dwelling unit occupant is employed are exempt from this requirement. This provision shall not be construed to apply to vehicles owned by persons or business firms visiting the site for social or business purposes. 2.3.5.7.2.3.5.8. Parking in rights-of-way. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.8. 2.3.5.9, Nonconformities. Nonconform/ng lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with this ordinance within 90 days of its effective date. (Ord. No. 02-3, § 3.C.; Ord. No. 02-45, § 3.A. 2.3.21.4. For facilities in s~e:t:,,~n 2.3.21 not of sufficient size to meet the minimum requirements set forth t?.ere'~n in Section 2.3.2.1_, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, in ac:,~r~an:e ,:A*.h se:t/on 2.~.2!, to ing'~e ensure ~at no deliveries or shipments of goods or products will require the use, however temporal, of any public right-of-way or required off-s~eet parking space for the ~1~;~ ~ ~1;~,~, Page 85 of 168 Words .... ~ ~e,-- are deleted, words underlined are added SUBSECTION 3.C. AMENDMENTS TO DIVISION 2.4. LANDSCAPING AND BUFFERING Division 2.4. Landscaping and Buffering, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.4. LANDSCAPING AND BUFFERING 2.4.7.2. Applicability. The buffering and screening shown in table 2.4 shall be required under this section and shall apply to all new development. Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping of lots/drives, the building square footage is changed, or there has been a discontinuance of use for a period of 60 consecutive days or more and a request for an occupational license to resume business is made. The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 2.4.3.5. If the a~pplicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision pla[.. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses. Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code. 2.4.7.5. "Collier County Streetscape Master Plan ", "Construction Standards Handbook for Work Within the Public Rights-of-Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the "Collier County Streetscape Master Planff the "Construction Standards Handbook for Work Within the Public Rights-of- Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plat;', including areas within the right-of-way and on required buffers adjacent to the right-of- way, shall adhere to the requirements of the' ',~on:er ~.~n./~ ........ ~ ............. documents. Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the requirements of Section 2 and Figure E. 1 of the "Collier County Streetscape Master Plan"~ the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related subsequent development order including construction plans attendant to the approval of a final plat and]or a final site development plan. Where the application of said Master Plan standards and requiren~ents is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further, the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section 1.6.6 of the Land Development Code. SUBSECTION 3.D. AMENDMENTS TO DIVISION 2.5. SIGNS Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 86 of 168 Words ~ac!~- t~cc~:g~ are deleted, words underlined are added DIVISION 2.5. SIGNS 2.5.5.2.3. Real estate signs: As defined The f.e.!!owing s~.gns c!assiEed as rea! estate signs shall be permitted in non-residential districts subject to the following: 1. One ground sign ':.'i+~ a maxim'mm ~.eight cf ten fget cr yea!! ~!For Sa!e," "Far :p~ ground sign with a maximtun height of ten feet or wall sign, with a maximum area of twelve square feet in size per street frontage for each parcel, or lot less than one acre in size. (No building permit required.) 42-:. One ground sign "';+~' p~ ground, sign with a maximum height of ten feet or wall sign, with a maximum 32 square feet in size, per street frontage for each parcel, or lot one to ten acres in size. (No building permit required.) 3. One ground sign -x'i~ a Rent," cr similar ground_ sign with a maximum height of 15 feet or wall si~n, with a maximum of 64 square feet in size, per street frontage for each parcel or lot in excess of ten acres in size. A building permit is reauired. 2.5.5.2.5.1. Pole or ground signs. Single-occupancy parcels, shopping centers, office complexes, business parks, o~ and industrial parks having frontage of 150 feet or more on a public street, or combined public street frontage of 220 linear feet or more for comer lots, shall be permitted one pole or ground sign. Additional pole or ground signs may be permitted provided that there is a minimum of a 1,000-foot separation between such signs, and all setback requirements are met. In no case shall the number of pole or ground signs exceed two per street frontage. In addition, multiple-occupancy parcels such as shopping centers, office complexes, business parks, or industrial parks containing 25,000 square feet or more of gross leasable floor area, and eight or more independent businesses will be permitted one directory sign for a single entrance on each public street. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of the complex and shall not contain name of any tenant. The directory sign shall contain a minimum of four and a maximum of eight tenant names. The name of businesses located on outparcels shall not appear of directory signs. 2.5.5.2.5.1.1. Ground signs _for smaller lots. Single-occupancy parcels, shopping centers, office complexes, business parks, and industrial parks may be issued a sign permit for one ground sign provided that the following minimum requirements are met, as applicable: 1) For those lots or parcels with public road frontage of no less than 100 feet, but up to 149.9 feet, or a combined public street frontage of no less than 150 feet but less than 219.9 feet for comer lots or parcels: ~ No portion of the ground sign may be located closer than 10 feet from any property line; b_) a planting area of no less than 100 square feet shall be provided around the base of the ground sign.~ c_l the ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where thc corresponding business requesting the sign is accessory tOg d) the ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e_l any illumination of the sign must be non-revolving and shine away from any right-or-way, and shall require an electrical permit. fl the street address for the business(es) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing or directional signs will be allowed on the same lot or parcel. Page 87 of 168 Words ~=wack t~cm:gh are deleted, words underlined are added 2 In addition for those lots or arcels with fronta e of 121 to 149.9 feet or a combined ublic street fronta e of no less than 150 feet for comer lots or arcels but less than 219.9 feet_: a) the ground sign shall be limited to 8 feet in height, as measured from the lowest centerline rade of the nearest ublic road to the u ermost ortion of thc sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 32 square feet. 3_1 In addition, for those lots or parcels with frontage of 100 to 120.9 feet'. a) the ground sign shall be limited to 6 feet in height, as measured from the. lowest centerline grade of the nearest public road to the uppermost portion of thc sign structure regardless of the roadway classification; and b) the maximum allowable sign area is 16 square feet, 2.5.5.2.5. !.!. 2.5.5.2.5.1.2. The rrdnimum setback requirement may be administratively reduced by a maximum of ten feet by the planning services director upon submission of the administrative variance fee and a written request. However in no case shall the required setback be reduced to less than five feet. The planning services director's decision to reduce the required setback shall be based on the following: a) Where it can be demonstrated that within the adjacent right-of-way the area between the property line and the edge of pavement is excessively wide and that the actual paved area is unlikely to be widened to the extent that reduction in the required setback will result in the sign being any closer than 30 feet to the edge of pavement; b) Where due to the existing site conditions and improvements, it can be demonstrated that adherence to the required minimum required setback will have a deleterious effect on the safety of users of the site from the perspective of vehicular parking and vehicular and pedestrian ingress and egress; c) Where due to the nature and location of existing landscape features and/or specimen trees, it would be prudent to allow for a reduction in the required setback so as to most appropriately locate the sign structure; or, d) The extent of the reduction is the minimum amount necessary to provide relief from the applicable conditions cited above. SUBSECTION 3.E. AMENDMENTS TO DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS Sec. 2.6.3. Exclusions from height limits. 2.6.3.1. General exclusions. The height limitations contained in D._division 2.2 do not apply to infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screenin~ spires, belfries, cupolas, flagpoles, antennag, communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usually required to be placed above the roof level and not intended for human Page 88 of 168 Words ~ are deleted, words underlined are added thereto shall no.* occupancy; provided, however, *~e heigk2c of *~ese sm:cr,~cs er appu:t~::z.".cc~ aL-pon ' exceed any height !i~Jtaticn: prescribed by *,he Federal Aviation Agency or zen:nv, regulations wi*&in *&e flight approach zone cf airpc~s. (Eec section 2.2.23.) or for commercial purposes as provided below: (1) Structural elements shall be no higher than necessary to accomplish the purpose it is intended to serve. {2) The aggregate area of structures or appurtenances shall not exceed one-third the area of the ~ roof. (3) Where this section conflicts with Division 2.8, the provisions of Division 2.8. will control. (4) The heights of these structures or appurtenances thereto shall not exceed any height. limitations prescribed by the Federal Aviation Agency or airport zoning regulations within thc flight approach zone of airports. (See section 2.2.23.) Sec. 2.6.9. Essential Services: Essential services are hereby defined as: facilities and services, including utilities, safety services, and other government services, necessary to promote and protect public health, safety and welfare, including but not limited to the following: police law enforcement, fire, emergency medical, public park and public library facilities; and all services designed and operated to provide water, sewer, natural, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and governmental facilities. Essential services are .......... ~^~;_g ~;~; ..... ~.j .....,~.~ c~,, .... ;-~ conditions authorized as follows: 2.6.9.1 A. Permitted Uses Essential Services. Pemfitted Essential Services in All Districts Except CON Districts, RFMU Sending Lands, NRPAs, HSAs, and FSAs. The following uses essential services are allowed as permitted uses in all zoning districts, except as specifically prohibited herein for Conservation, RFMU District Sending Lands, and RLSA, HSAs, NRPAs and FSAs: a. In evcw zcnkug disxict: ~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; tTelephone lines, telephone switching stations, and cable television lines; 4. Communication Towers, limited to those providing wireless emergency t'~lephone service, subject to all applicable provisions Section 2.6.35 of this Code; 5_. e_Electrical 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 facilities0k and 8_. aAny other wells which have been or will be permitted by the South Florida Water Management District or the Florida dD_epartment of eE_nvironmental pProtection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law; in every zen:ne dis~ict: ~'~;";'~"~ private .... ,~ ~..~ ~p, .... t.o. proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the eC_ounty'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 appli-ed for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the eCounty, including, if applicable, the times and places of the permitting agency's scheduled public hearings; Page 89 of 168 Words struck tFxeugh are deleted, words underlined are added B. Permitted Essential Services in CON Districts RFMU Sendin Lands NRPAs HSAs and FSAs. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, and within desi ated Habitat Stewardshi Areas HSA and Flow wa Stewardshi Area_s FSA within the RLSA overla district sub'ect to the limitations set forth m 2.2.27.11. B.2, the following essential services are permitted: 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. aC. Additional Permitted Essential Services in Commercial and Industrially Zoned Dis--~icts. In commercial and industrially zoned districts-:, in addition to the essential service,~ identified above in Section 2.6.9.1, c~er governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and factht~e ,, ........................ ' ........... or rzgx!atizn; shall be considered a permitted essential service. &..D. Additional Permitted Essential Services xn the A ncultural and Estate Zoned D~stncts. 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: lag! enforcement, fire, and emergency medical services. &F. 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..j- 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.~4_.s conditional uses: mA. Conditional Essential Services in Every Zoning District Excluding the RFMU District Sending Lands, Conservation zoned lands, NRPAs, and RLSA designated HSAs and FSAs: In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU District Sending Lands, Conservation zoned lands, and NRPAs, the following uses shall bc allowed as Conditional Uses: e_Electric or gas generating plants,; 2__:. eEffiuent tanks;; 3. mM~l~ajor re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants~ pi pi 4. hLI_os tals and hos ces; and, · 5. g_Qovernment facilities, including where not identified as a permitted use in section, safety service facilities such as including law enforcement, fire.~ emergency medical services. ~ .... + a~ ........... s ........ ~ ................... B. Conditional Essential Services in RFMU Sending Lands, NRPAs, Conservation zoned districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands~ NRPAs, Conservation zoned districts, and the RFLA designated HSAs and FSAs subiect to thc limitations set forth in 2.2.27.11. B.2, in addition to the essential services identified as allowed Page 90 of 168 Words .... ~- *h ..... h ~e deleted, words underlined are added 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 as conditional uses in Section 2.6.9.2.A., above, the following Essential Services shall also bc allowed as conditional uses:. 1. ~Regional parks and community parks;; 2. Public parks and public library facilities; sSafety service facilities;k oOther similar facilities, except as otherwise specified herein. 2.6.9.3 AFp!icabi!i~, cf district rcgu!~tiens. Conditional Uses that Include the installation of .Structures: 1. Under *&is s,,:Sszcdcn :;,Where structures are involved other than structures supporting l-trees or cables, such structures sha--ll comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under division 3.3. In addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the dis~ict surrounding and nearby existing and furore uses. 2. Within the RFMU District Sending Lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. 2.6.9.43. c ........ c ......... ;~, -~*;,,;+;~o 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. 2.6.21.4. Boathouse requirements: Boathouses, including any roofed structure built on a dock, shall be reviewed by the planning commission using ~&e same ~r~cedures and a~p!!ca~!e c~teri~ ................ y .............. a ca ....... a order fcr t5e p!anning cc::;n~ssicn tc apprc;': tS: r:q'.::st: according to the following criteria, ail of which must be met in order for the planning Commission to approve the request: 2.6.21.4.7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adiacent neighbors to the greatest extent practical. 2.6.33.10. "Coming soon signs." A temporary use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non-residential district. Page 91 of 168 Words sm::k *&~c',:'g~ are deleted, words underlined are added This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a permanent sign, whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this sign may not be located within any public right-of-way or easement. Sec. 2.6.35. Communications towers. 2.6.35.1. Purpose and intent. This section applies to specified comtnunication 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. 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 nine _ty-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 guying the tower. B. Bird Diverter Devices. Each new ground mounted guyed tower installed after January 1, 2004, greater then seventy-five (75) feet in height above natural grade, exclusive 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. 2.6.35.6.12. 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 strobe lights Page 92 of 168 Words sm:ck tkc,zugk are deleted, words underlined are added 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, role, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 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 staffby means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. C. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide information as to the provider's compliance with federal regulations to the extent then authorized by federal law. The County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 2.6.35.8.1. Co-located Facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use 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 of E911 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. Provided further that nothing herein shall affect permit compliance of such facilities with 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: Page 93 of 168 Words ............ ~,~. are deleted, words underlined are added 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. Sec. 2.6.37. Kitchens in dwelling units. A dwelling unit containing less than 2,500 square feet of living area shall be limited to one primary kitchen. A dwelling unit containing 2,500 square feet of living area, or greater, may have a secondary kitchen primary kitcken provided all rooms are internally accessible and the secondary kitchen is only accessible through the main dwelling unit. (Ord. No. 92-73, § 2) 2.6.39. Transfer of Development Ri~,hts (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 purpose through an economically viable process of transferring development rights from less suitable non-RFMU sending areas and RFMU Sending Lands to more suitable non-RFMU receiving areas and RFMU Receiving Lands. C. 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 rights within the RLSA District. 2.2.2q. l !. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. An owner of land located within areas designated as urban on the Future Land Use Map, including agriculturally zoned properties, which 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.?.. ! !. !. 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 Page 94 of 168 Words smack t?.rzugk are deleted, words underlined are added development fights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. 2 2 24.!~ ...... ' __B- The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24.11.3. C_.~. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. 2.2.24. ! ! .4. D_~. Upon the approval of the transfer of residential development rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however, the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commissioners. 2.2.24. ! !.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. 2.2.24. ! !.6. F__._. Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components ofplalmed unit development zoning districts are eligible to receive residential development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formulas shall apply: 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 bo RMF-6 district, up to and including six units per acre: 6 units X 10% = 0.6 units per acre RMF-12 district, seven to and including 12 units per acre: 12 units X 10% = 1.20 units per acre RMF- 16 district: 16 units X 5% = 0.80 units per acre RT district: 16 units X 5% = 0.80 units per acre 26 units X 5% = 1.30 units per acre 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. 2.2.2~.. ! 2. G. Procedure for obtaining transfer of residential development rights. Any owner of eligible land may apply for a transfer of development fights 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. Page 95 of 168 Words :~:c!z *,~.eugh are deleted, words underlined are added 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. 2.2.24. ! 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. 2.2.2~.14. 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 residential units permitted under the basic zoning district regulations. 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. 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. D. Prohibition on Transfer of Development Rights. Page 96 of 168 Words stn::k t~e. ugh are deleted, words underlined are added 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 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, subject to the applicable provisions of Division 2.7 of this Code, and the following conditions: a. The project is 20 acres or less in size; b. At time of development, the project will be served by central public water and sewer; c. The property in question has no common site development plan in common with adjacent property; d. There is no common ownership with any adjacent parcels; and e. The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of 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. Site Plan or Plat Approval. 2. Developments which meet the residential infill conditions a through e above may increase the base density administratively through a Site Development Plan or Plat approval by a maximum of one dwelling unit per acre by transferring that additional density from RFMU District Sending Lands. B. Transfers to the Urban Residential Fringe. TDR Credits may be transferred from RFMU Sending Lands located within one mile of the Urban Boundary 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 RFMU Receiving Lands When TDR Credits are Transferred from RFMU Sending Lands. 1. The base residential densi _ty allowable shall be as provided in Sections 2.2.2½.2.A.2.a. and 2.2.2½.2.B.3.a. 2. The density achievable through the transfer of TDR Credits into RFMU Receiving Lands shall be as provided for in Section 2.2.2½.2.A.2.b.(1) outside of Rural Villages and Section 2.2.2 ½.2.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 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 approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. Page 97 of 168 Words smack ~.~ugh are deleted, words underlined are added B. County-Maintained Central TDR Registry. In order to facilitate the County's monitoring of the TDR Program, the County shall serve as the central registry of all TDR Credit purchases, sales, and transfers, as well as a central listing of TDR Credits available for sale and purchasers seeking TDR Credits. No TDR Credit generated from RFMU Sending l.ands may be utilized to increase density in any area unless the following procedures are complied with in full. 1. TDR Credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU Receiving Lands until severed from RFMU Sending Lands. TDR Credits shall be deemed to be severed from RFMU Sending Lands at such time as a TDR Credit Certificate is obtained from the County and recorded. A TDR Credit Certificate shall be provided by the County upon submission of the following: a. a legal description of the property from which the RFMU TDR Credits originated, including the total acreage; b. a title search, or other evidence, establishing that prior to the severance of the TDR Credits from the RFMU Sending Lands, such Sending Lands were not subject to a conservation restriction or other development restriction that prohibited residential development; c. a legal insmnnent, prepared in accord with the form provided by the County, that limits the allowable uses on the prope~W after the severance of TDR Credits as set forth in Sections 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 such owner retains ownership of the TDR Credits after they are severed, unless the RFMU or non-RFMU Receiving Lands on which the TDR Credits will be utilized and the RFMU Sending Lands from which the TDR Credits were generated are owned by the same persons or entities or affiliated persons or entities. 2. No application for a site development plan, subdivision plat, PUD, or DRI, where such development will utilize TDR Credits from RFMU Sending Lands, shall be approved until the developer submits the following: a documentation that the developer has acquired or has a contract to acquire all TDR Credits needed for the development; and b. a TDR transaction fee sufficient to defray the expenses of the County in administering the Central TDR Registry. 3. The approval of any development that will utilize TDR Credits from RFMU Sending Lands shall be conditional if, at the time of such approval, the developer has not yet acquired full ownership and control of all TDR Credits needed for the development and/or the TDR Credit Certificates for all TDR Credits needed for the development have not yet been recorded. The developer shall have 120 days after the date of such conditional approval to provide documentation of the acquisition of full ownership and control of all TDR Credits needed for the development and to record the TDR Credit Certificates for all such TDR Credits. If such documentation is not provided within 120 days, the approval shall be null and void. If such documentation is provided within said 120 days, the approval shall become final. 2.6.40. Density Blendin~ 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 nnder 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 project, 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, subject to the conditions and limitations set forth in 2.6.40.2. 2.6.40.2. Conditions and Limitations: Page 98 of 168 Words z~a.~k tk. rc. ugk are deleted, words underlined are added 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, subject to all of the following conditions and limitations: 1. The project straddles either the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the RFMU District Neutral or Receiving Lands. 2. The project in aggregate is at least 80 acres in size. 3. At least 25% of the project is located within the Urban Mixed Use District. 4. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interim provisions for sewer and water are authorized by Collier County. 5. The project is currently zoned or will be rezoned to a PUD. 6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is to be located on impacted lands, or the development on the site is to be 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. B. Properties Straddling RFMU Sending Lands: Density blending between properties straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU District is permitted 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 (from 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 Proiect to be located in the RFMU District Sending Lands, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the area of the Project designated as RFMU District Sending Lands. c. Where wetland areas are impacted through the development process, but resulting wetlands functions, including functions relating to habitat and flowways, are enhanced, such wetland areas shall be credited toward satisfaction of the native vegetation preservation requirements and shall not be considered impacted. These wetland areas may be used for water storage provided that the water discharged in these areas is pre-treated. 8. Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). Page 99 of 168 Words sW.'.ck t~cugh are deleted, words underlined are added C. 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 lmmokalee Urban Area from which density and/or intensity are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Density and/or intengity 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. SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING ADMINISTRATION AND PROCEDURES 2.7.3.5. Changes and amendments. 2.7.3.5.3. Educational and Ancillary Plants exception. When a PUD is amended for the sole purpose of adding an educational and/or ancillary plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat~.v....~..~ f~ .... ~ ..... o~u~.*"~"~..~.w. ......... ..~o~. r-~,~ or final subdivision plat or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2., SUBDIVISIONS DIVISION 3.2., Subdivisions, of Ordinance 91 - 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 100 of 168 Words s~ack tF~cugh are deleted, words underlined are added DIVISION 3.2. SUBDIVISIONS Sec. 3.2.3 Applicability. This division shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided in section 3.2.4. A1._~I divisions of land which meet the definition of "subdivision" shall require the filing of a subdivision plat in accordance with the requirements within Division 3.2 and Chapter 177 of the Florida Statutes. 3.2.6.2. Procedures for preliminary subdivision plat. 3.2.6.2.1. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. 3.2.5.2. I. 3.2.6.2.2. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the development services director a preliminary subdivision plat which meets the requirements contained in section 3.2.7. 3.2.5.2.2. 3.2.6.2.3. Review and determination of approval, approval with conditions, or denial by development services director. After receipt of a completed preliminary subdivision plat, the development services director shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in section 3.2.7. Based on the review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 1.6.6. of this Code. If the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 3.2.~.2.3.3.2.6.2.4. Reserved. 3.2.6.3.5. Relationship and amendments' to preliminary subdivision plat. The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. Sec. 3.2.7. Preliminary subdivision plat. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. Page 101 of 168 Words s~ack ~c,~ugk are deleted, words underlined are added 3.2.7.1. Preliminary subdivision plat submission requirements. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the development services director and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the development services director. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: 3.2.8.2.3. A detailed water management plan in accordance with the master water management plan approved in the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, showing the complete water management system including, but not limited to, closed drainage areas, design high water, recurring high water, acreage, a complete lot grading plan with final grading elevations, surface runoff flow patterns, and companion drainage easements consistent with the final subdivision plat pursuant to section 3.2.9 to be utilized by the applicant, his successors or assigns during the building permitting and site improvement process for all lots consistent with the Collier County building Code, and the compatibility of drainage of surface waters into adjacent or larger water management systems. If the applicant chooses not to submit a preliminary subdivision plat, the information requested must still be included on the final subdivision plat. The complete calculations used to design the system shall be provided for projects 40 acres or less. For projects greater than 40 acres or where the water management system will utilize wetlands for water management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide the staff report and early work permit or construction permit. 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat, if the applicant chose to submit a prelim/nary subdivision plat~ and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. 3.2.8.3.8. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional prelim/nary subdivision plat, and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat. 3.2.8.3.19. Street names, markers and traffic control devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the de:':!,e?mznt service: ~irectc~ Transportation Administrator or his designee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices for public streets. The deve!~pment se~,Ticez direzto~ Transportation Administrator or his designee shall accept alternative specifications on public streets signage where an acceptable maintenance agreement has been provided. Alternate specifications for private street signage where a property owners' association or other entity has maintenance responsibility shall be approved by the d~:'~!cpm~nt z~v,'icez dir,ecto~ Transportation Administrator or his designee, Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. All street names shall have a suffix (i.e., street, avenue, boulevard, drive, place, court, etc.) and in no case, except as indicated in the preceding sentence, shall the name of the proposed street duplicate or be phonetically similar to [an] existing street name regardless of the use of the suffix. Page 102 of 168 Words ........... 0- are deleted, words underlined are added All street names shall be subject to approval by the deve!cpment se.'wiceg director CDES Operations Director or his designee during the preliminary subdivision plat approval process or on the final subdivision plat or the final plat and construction plans if the applicant chooses not to submit the optional preliminary subdivision plat. Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Where concrete valley gutters border the edge of pavement and for private roadways, this requirement may be waived by the deve!apmev~ se:w/ce: dL-ector Transportation Administrator or his designee. 3.2.8.3.25. Central ¥¢water systerv, ten,al. A complete water distribution and transmission system to include provision for separate potable water and reuse non-potable irrigation water lines, and interim water treatment ar interim water .*rea,.*ment and supply facilities, if required, shall must be provided or employed by the applicant, at no cost to Collier County for all subdivisions and developments. Non-potable irrigation lines must be color-coded according to the Collier Coun _ty Ordinance and Technical Standards. Reuse v:ater !ines, pumps, and a*&er All internal non-potable irrigation lines, pumps and appurtenances will not be maintained by Collier County. County potable water will not be permitted for irrigation unless other sourcesvA,,f o_vv.~_.,..~.~ ...... ~ irrigation water are not permitted or available_. T._~herefore, the developer will need to provide irrigation water from a source until~_~..~ -~.._~ *~-~.~ ................ ~ ~ ...~ ~3, ~.~ .....~. ~a ~,.~ ~ County provided non-potable irrigation water becomes available. All facilities shall be constructed in accordance with federal, state and local regulations. When required, the water distribution and transmission facilities shall be conveyed to Collier County, or the Collier County Water-Sewer District or other dependant district where appropriate, upon completion of construction pursuant to County Ordinance No. 88- 76 [Code ch. 134, art. III], as amended. 3.2.8.4.7. Easements. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary_., i.,~,~l!ezoo **ho abeve setbazks are ...... ];~a *~ .... gh ~llCC~; ............ * ..... ;~~ ~ ~ ~ a Additional regulations regarding preserve setbacks and buffers are located in Division 3.9, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of-way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or Page 103 of 168 Words s~ack tk:cugh are deleted, words underlined are added only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 3.2.9.1.2. The final subdivision plat shall conform to the approved preliminary subdivision plat~_if the applicant chose to submit a preliminary_ subdivision plat, pursuant to section 3.2.6.3.g5. The final subdivision plat and shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this division which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18- month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the development services director prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section 3.2.9.1.3. SUBSECTION 3.H. AMENDMENTS TO DIVISION 3.3., SITE DEVELOPMENT PLANS DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Sec. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 3.3.5, standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for review and approval. (Ord. No. 99-6, § 3.H.) 3.3.4.1. School Board Review ("SBR ") application contents. The SBR application submittal will be in accordance with Division 3.3 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of Educational Facilities and Ancillary Plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. Page 104 of 168 Words~. .... ,v.,~- *~'~v.e,_~ are deleted, words underlined are added The expedited site plan for School Board Review, as referenced in Section 3.3.4./.of the Land Development Code, will consist of the following areas of review: 3.3.4.1.1. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met: 1. That portion of the water and/or wastewater system that lies in the public rights-of- way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. 2. All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. 3. Division 3.16 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. 4. Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan and must include any agreement necessary to assign the responsibility for the cost ofupsizing said water and/or wastewater facilities. 5. The School District shall be responsible for all materials and/or real property_ required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier Coun_ty Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. 6. South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. 3.3.4.1.2. Compatibility Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site Design Standards contained within Division 2.8 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementar~ patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, The Utili_ty Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this Compatibility Review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in Section 3.4.4.2. of the code in the event that the County denies the application based on non-compliance with the items listed in this paragraph. 3.3.4.1.3. Landscaping and Buffering. Division 2.4 of the code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in Section 2.4.3.1.1. of the code, but the deviation shall be in the format required by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: 1. On a site by site basis, County Staff will determine the necessity for an Environmental Impact Statement ("EIS") to be submitted. 2. The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. 3. Submission of Protected Species Surveys and, if needed, wildlife management plank in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. Page 105 of 168 Words s~azk t?-~augk are deleted, words underlined are added 4. A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. 5. The GMP requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. 6. An Exotic Vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and Ancillary_ Plant prior to the issuance of a Certificate of Occupancy. 7. All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. 3.3.4.1.5. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested shall apply. The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. 3.3.4.1.6. Collier County Stormwater Management Policies as follows: 1. A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. 2. SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. 3. Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. 4. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided to the Coun_ty prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such are subject to a Capital Improvement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet from all property_ lines for principal structures and 25 feet from all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facili _ty Planning, the School District and the County will jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of the required improvements. In reaching a determination regarding responsibility for improvements, the parties will be guided as follows: 1. The School District shall be responsible for off-site improvements that are determined to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the County determines and agrees otherwise in writing. The School District shall not be required to pay more than its proportionate share of the cost of the off-site improvements necessitated by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, the widening of adjacent roadways and the infrastructure relevant to same when necessitated to accommodate buses (if needed); construction of required deceleration turn lane(s) at ingress(es) and egress(es) points and at any intersections within the immediate vicinity of the school site which are adversely impacted as a direct result of the same; and any other improvements determined to be necessary by Collier Count3_~ Transportation Services Division and the Public Utilities Division. Page 106 of 168 Words s~.:ck tkrcugh are deleted, words underlined are added 2. Turn Lanes. The School District will be responsible for turn lane improvements adjacent to and/or in the vicinity of a site, including the cost and construction of same. Necessary_ mm lane improvement(s) determined by Collier County Transportation Staff shall be in place prior to issuance of the first permanent certificate of occupancy. When said mm lane improvement(s), whether left turn lane(s) or right mm lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way shall be provided in conjunction with said improvement(s), as determined by Collier County Transportation Staff. All turn lane design criteria used shall be in accordance with the minimum standards as adopted by the Florida Department of Transportation ("FDOT") Design Standards as required by Chapter 316, Florida Statutes, as may be amended. The mm lane queue length determinations shall be in accordance with the criteria/calculation~ of Chapter 17 within the Highway Capacity Manual. In conducting the aforementioned criteria/calculations the length of school buses must be considered to adequately address the turn lane queue length determinations. 3. Sidewalks. As part of the SBR process, the School Board and the County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around the project to establish the most direct connection to an existing network of sidewalks. The School Board shall collect funds through school impact fees to provide for the development of these sidewalks as delineated in the sidewalk plan. The School Board shall provide funds from these impact fees to the County. The County will be responsible for the timing, cost, construction, and maintenance of such sidewalks. 4. The School District shall be responsible for the costs of any and all traffic signal(s) constructed due to and/or as a result of the impacts from an Educational Plant or Ancillary Plant, when it is determined to be warranted and approved by Collier County Transportation Staff. When warranted, upon the completion of the installation, inspection~ bum-in period, and final approval/acceptance of the traffic signal(s), the traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" pawnent(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of the traffic signal(s) will be determined based upon percentage of usage and impact. 5. All traffic control devices and design criteria used shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, as required by Chapter 316, Florida Statutes. 6. All traffic speed limit postings shall be in accordance with the minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual as adopted by the FDOT and as required by Chapter 316, Florida Statutes. 7. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 8. Any off-site improvements to be constructed by the School District, even though not required by the County, shall be subject to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. 9. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. The SBR for School Board projects shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set forth in Section 3.3.4.1. B. The SBR application submittal must be in accordance with Division 3.3. of the code, but only as to those submittal requirements which are consistent with the review criteria set out in Section 3.3.4.1. C. The parties will develop a checklist that defines the items to be submitted for a SBR review application. D. Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with the School District within three (3) weeks of a request being submitted to the County. Page 107 of 168 Words z~ack ~.~ug~ are deleted, words underlined are added 1. The CounW will review the development proposal for compliance with the Letter of Consistency. 2. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost, construction, operation and maintenance of the required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by the code or the interlocal agreement. E. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. 1. The County will have 14 days to determine whether the submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional information from the School District. 2. Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of the County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construction. 3. Failure by the County to issue a Letter of Compliance within 90 days after determining the application package is sufficient for review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. F. Letter of Compliance. After the expedited review and the County's determination of compliance with the terms of the Code and the interlocal agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintendent's designee, provide the County's determination and the basis of it in writing to the Superintendent's designee. Absent further successful negotiation on the issues, the School District shall be authorized to appeal the decision of the Planning Services Director as described in the Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following: 1. The placement of temporary or portable classroom facilities~ or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use of a facility; b. includes a stadium; c. results in a greater than five percent increase in K-12 student capacity~ or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuant to Rule 4A- 58, Florida Administrative Code. In addition, the School Board will supply the Public Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing of water meters and grease traps. No other reviews will be required for temporary or portable classroom facilities. I. SBR and Consistency Review Fees. The Cotmty will develop a review fee for the processing of the SBR and Consistency Review applications submitted by the School Board. The School Board will pay standard County review fees for all other related project review services. Page 108 of 168 Words s~.'.ck tkzcugh are deleted, words underlined are added J. Appeals. In the event that the County denies the application based on non-compliance with relevant standards of the code and the interlocal, or in the event that the Superintendent's designee and the Planning Services Director disagree regarding the interpretation of the code provisions, the School District may request an appeal to the BCC. However, appeals regarding issues pertaining to the Fire Code will be made to the Board of Appeals and Adjustments under the established procedures for this Board. 1. The request for appeal shall be filed in writing with the Planning Services Director and must state the basis for the appeal accompanied by any pertinent information, exhibits and other backup information in support of the appeal. 2. The BCC shall hold an advertised public hearing on the appeal and must consider the decision of the Planning Services Director, the position of the School District and public testimony. If the BCC upholds the decision of the Planning Services Director, the School District will then be authorized to pursue any legally available action or remedy to resolve this matter. If the BCC supports the position of the School District, the BCC will direct the Planning Services Director, or his designee, to issue a Letter of Compliance that is consistent with the findings and conclusions made by the BCC at the appeal hearing. 3.3.4.3. Consistency Review. The following process will be followed with respect to furore Educational Plant and Ancillary Plant sites, prior to acquisition, for both the determination of consistency with the Collier County GMP locational criteria and whether the Plant is a permitted use, conditional use, or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be reviewed during the aforementioned SBR process. A. The Consistency Review will be conducted as follows: 1. Prior to the purchase of a site for an Educational or Ancillary Plant, the school district will request a pre-application meeting with the County. 2. The County will schedule a pre-application meeting with the School District within three (3) weeks ora request being submitted to the County. 3. The County will review the proposed site for consistency with the FLUE, GGAMP, IAMP, as well as the LDC and fundamental planning and design principles including compatibility with surrounding uses, complimentary pattern of development, landscaping and buffering concerns, stormwater management, configuration of the traffic circulation systems, consideration of natural resources and mitigation of on-site and off-site negative impacts. The County will provide a consistency determination based only on the locational criteria of the FLUE and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site. Consistency with all other Elements of the GMP will be determined during the SBR Review process. The following additional inforn~ation will be submitted to determine major issues that may affect site feasibility: a. Land Use. A general location map showing surrounding development with the property_ outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subject property_. b. Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site. d. Growth Management. Identification of any Area of Critical State Concern and Development of Regional Impact. e. Timing and Impact of Development. Indication of whether the proposed site is intended for inclusion in the School Board's capital plan projection and if so, identification of the year. f. Public Facilities and Transportation. The School Board will indicate the proposed existing Level of Service Standards (LOS) and the School Board's provider and method of treatment for potable water and sanitary sewer services, Arterial and Collector roads, drainage and solid waste facilities. Where applicable, service availability letters will also be provided. The Page 109 of 168 Words s~ack *,~c,t:gh are deleted, words underlined are added School Board will provide a map detailing the location of existing services and public utilities that will served the proposed site. g. The School Board will identify any flood zone, wellfield, traffic congestion boundary, coastal management boundary and high noise contours which relate to the proposed site. 4. Within 45 days of the submission of the information outlined in Section 3.3.4.3. A 3. of this Code, the County will provide written comments and recommendations to the School District along with a determination of the site's consistency with the GMP locational criteria and LDC zoning districts. Necessary on-site and off-site improvements will be identified for these sites and the parties responsible for these improvements to the extent this can be determined during this locational Consistency Review. 5. Letter of Consistency. After the County review, the Planning Services Director, or his designee, shall issue a Letter of Consistency for the GMP locational criteria and whether the Plant is a permitted use, conditional use or prohibited use in the zoning district on the site, which shall evidence the County's determination of consistency as required by Section 1013.33(11) Florida Statutes. 6. After the County has determined that the site is consistent with the GMP locational criteria and LDC zoning districts, the School District shall have up to one year to acquire the site. Once the site is acquired, the site shall be deemed to remain consistent regardless of later changes to either the GMP or LDC. 7. After the School District acquires the site and provides the necessary documentation for the County to initiate an amendment to the GMP, the County and School District will enter into a written agreement as part of the pre-application process detailed in section 3.3.4.2. D.2. of the code, as to the timing and location, and the entity or entities responsible for construction, operation and maintenance of the required improvements. 3.3.7.1.2. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. B. The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose: 1. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. 2. A site summary in chart form which shall include the following information, with development and dimensional standards based on the provisions of the land development code and where applicable the PUD ordinance: a. Total site acreage. g. Maximum zoned building height allowed and actual proposed building height as defined in Division 6.3. SUBSECTION 3.I. DWISION 3.5., Collier County Land follows: AMENDMENTS TO DIVISION 3.5., EXCAVATION Excavation, of Ordinance 91-102, as amended, of the Development Code, is hereby amended to read as Page 110 of 168 Words sWack ~ao'agE are deleted, words underlined are added DIVISION 3.5. EXCAVATION 3.5.5.1.3. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that: The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. If approved by the board during the rezone ~-'~/ ..... ~;~; .... suEdi;'izizn Flat ....... excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. Sec. 3.5.11. Littoral Shelf Planting Area (LSPA). The purpose and intent ora littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other waterfowl. Contained within an excavate~ 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 - Rege:-:ed 30 percent. This requirement may be reduced subject to the incentives identified in Section 3.9.5.B.2.; b. All other areas -7 percent. 3.5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and used for aquaculture shall be exempt from the 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. SUBSECTION 3.J. AMENDMENTS TO DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (EIS) DWISION 3.8., Environmental Impact Statements (EIS), of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 111 of 168 Words s~,:c!c through are deleted, words underlined are added DIVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS (ELS) Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: &A_~.Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ~.B_~.Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. ~.C_._~. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 3.8.3. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or exemption pursuant to section 3.8.~8., 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 off 3.8.3.1. Any site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3.8.3.3. All sites landward of the coastal management boundary that are ten or more acres. 3.8.3.4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the development services director shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. 3.8.4. Submission and review of EIS. A completed EIS, signed *"' a~o: ..... a ..... in ~i~en and digital fomt, shall be subm~ed to development se~ices director for approval, denial or approval wi~ modifications. No development or site alteration will be sm~ed without t~s approval and pemts required by law. Faille to provide ~11 and complete infomtion shall be gro~ds for denial of the application. The author(s) of ~e ElS shall provide evidence, by acade~c credentials or experience, of his/her expe~ise in ~e area of enviromental sciences or natural resource ~nagement. Acade~c credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least t~ee years, ~o years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for acade~c credentials. Sec. 3.8.5. Information required for application. 3. Affidavit of proof of autherized agent. 1. Description .r ....... ~ .... Page 112 of 168 Words smack ~cugh are deleted, words underlined are added Florid3, L3,nd Use Cover and Fom:~ Classification S;,'zt:m dete-'-rpJn3,fions. r A .....1 A ..... ,-1 ..... f ......,.1 .... +~ 1 .... 1 ..... h-;,~ fr01'.. USe. d . ?Zet!=ds. Page 113 of 168 Words ~,~"-'4c1,( ~=cugh are deleted, words underlined are added 7. Noixc. Page 114 of 168 Words smack thrcugh are deleted, words underlined are added f. Deve!cpmcnt an&;or blockage cf access to public beaches and waters. 5. /.ecthctic ~nd c;!:urc.! fc, ctovs. .... ;.-1 .... k~+~.t-;~+~..-1 .1+~+; .... +~ +1,,~ ~ p ' +k~+ +'~ +k~ ~k.'-,;o,--. ................................................ propose reject so ..... reasons Page 115 of 168 Words s~ac!-, tbceugh are deleted, words underlined are added 3.8.5.1. Applicant information. A. Responsible person who wrote the EIS and his/her education and job related environmental experience. B. Owner(s)/agent(s) name, address, phone number & e-mail address. 3.8.5.2. Mapping and support graphics. A. General location map. B. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to 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 proiect, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. D. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. E. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. F. Development plan including phasing 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, major flowways and potential wildlife corridors. H. For properties in the RLSA or RFMU Disticts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. 3.8.5.3. Project description and GMP consistency determination. A. Provide an overall description of the project with respect to environmental and water management issues. B. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan~ where applicable. 3.8.5.4. Native vegetation preservation. A. Identify the acreage and communi _ty 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, mid,tory and ground cover) and vegetation dominance (dominant, common and occasional). B. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Division 3.9 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. C. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Division 3.9 of the Land Development Code. For sites cleared prior to January_ 2003, provide Page 116 of 168 Words s~'dcl~ tFzgugh are deleted, words underlined are added 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 beine impacted or preserved. 3.8.5.5. Wetlands. A. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (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. Provide a narrative addressing the anticipated control elevation(s) for the site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quali _ty wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. 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 project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. Describe the measures that are proposed to mitigate for impact to state and federally listed species. 3.8.5.7. Listed Species. A. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. 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. Page 117 of 168 Words s~ack tkrc, ugh are deleted, words underlined are added C. Indicate how the project design minimizes impacts to species of special status. Describe the measures proposed to mitigate for impacts to state and federally listed species. D. Provide habitat management plans for each of the listed species known to occur on the property_. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. E. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. 3.8.5.8. Other. A. For multi-slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Include the results of any environmental assessments and/or audits of the property. If 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. 3.8.6 Additional data. The Development Services Director may require additional data or information necessatw 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. 3.8.9. I. 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. ~ ~ a ~ ~ 3.8.8.2. Agricultural uses. r~^,~ c,~ aA_.griculmral uses ,,7~, ....... ;~,,1 .... 1 z!earing -~--; ....... ;^- ~ ~,~ ~ ..... ,~ ~ ...... ,~ ....... ~, .... ~ ~ a ~ ~ ~,~,,~,, 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 twenW-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. 3.5.9.2.3.8.8.3 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: 3.8.9.2.1. A_~. The subject property has already been altered through past usage, prior to the adoption of this Code, in such a manner that the proposed use will not further degrade the Page 118 of 168 Words ....... ~e. ugh are deleted, words underlined are added environmental quality of the site or the surrounding areas which might be affected by the proposed use. 2.8.9.2.2. 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. 3.2.9.2.2. 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. ~.8.9.2.4. 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. 2.2.9.2.5. 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. 3.2.9.2.3.8.8.4. All lands lying within all incorporated municipalities in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.-1-~. 9~ Fees. In order to implement, maintain and enforce this Code, the cost upon submission of the environmental impact statement shall be as established by resolution. Until this fee has been paid in full no action of any type shall be taken. 3.8.44.. 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 board or their successor organization. B_~. The environmental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. C_.:. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D_~. Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. E. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. F~ The board of county commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environmental advisory board. SUBSECTION 3.IC AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION AND PRESERVATION DIVISION 3.9., Vegetation Ordinance 91-102, as amended, Removal, Protection and Preservation, of of the Collier County Land Development Code, is hereby amended to read as follows: Page 119 of 168 Words :~.'.cl: ~cz::gh are deleted, words underlined are added DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities. To limit the removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this Code. 3.9.3. Applicability. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group or unit of federal, state, county or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the development services director except as hereinafter exempted. 3.9.3.1. Exemptions and Exceptions. A. Development in NBMO Receiving Lands are exempt from the provisions of this Division. B_~. Seminole and Miccosukee Tribe Exception. Except that iln accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural Exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in Sections 3.9.4. through 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing Uses. Exemptions from the requirements of Section 3.9.5 through 3.9.9 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required 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 and which have been determined to be vested from the requirements of the Final 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. E. Exempt Mangrove Alteration Proiects. Mangrove alteration proiects that are exempted from Florida Department of Environmental Protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees, unless they are a part of a preserve. This exemption shall not apply to Page 120 of 168 Words .... ~ *h ..... h are deleted, words underlined are added 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. Water Management n;~;., _.~;,o _. exemptions. ...... J -;w~ v ........ ve,e_a__on, to De:ignatian of al! protected vegetation propo:ed far removal. Page 121 of 168 Words sm:ck through are deleted, words underlined are added Prccf cf c;;r. ersh~p. 3.9.4. Vegetation Preservation Standards. ordinance shall incorporate, at a minimum, section. 3.9.4.1. General Standards and Criteria. All development not specifically exempted by this the preservation standards contained within this A. The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in Section 3.9.7.1.E. B. 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. C. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made 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, 4. Listed plant and animal species habitats, 5. Xeric Scrub, 6. Dune and Strand, Hardwood Hammocks, 7. Dry Prairie, Pine Flatwoods, and 8. All other upland habitats. 9. Existing native vegetation located contiguous to a natural reservation. D. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. Page 122 of 168 Words smack tb=cugh are deleted, words underlined are added E. To the greatest extent possible, native vegetation, in quantities and types set forth in Division 2.4, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. 3.9.4.2. Specific Standards Applicable Outside the RFMU and RLSA Districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Furore Land Use Element shall apply. This Section shall not apply to single-family dwelling units situated on individual lots or parcels. 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 Use Equal to or greater Equal to or greater than 5 acres Development than 2.5 acres 25% and less than 20 acres. 15% Equal to or greater than 20 acres 25% Golf Course 35% 35% Commercial and Industrial Development and all other Less than 5 acres. 10% Less than 5 acres. 10% non-specified development _types Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% Industrial Development (Rural-Industrial 50%, not to exceed 25% of the project 50%, not to exceed 25% of the project District only) site. site. B. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: 1. where the parcel was legally cleared of native vegetation prior to January 1989; 2. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in Section 3.9.7.1 .E. 3.9.4.3. Specific Standards for the RFMU District. For Lands within the RFMU District, native vegetation shall be preserved through the 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. 1. A minimum of 40% of the native vegetation present, not to exceed 25% of the total site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preservation is located within RFMU Sending Lands. b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site preservation is located outside of Sending Lands. c. Like for like preservation shall be required for Tropical Hardwood and Oak Hammock vegetative communities. 2. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. B. Neutral Lands. Page 123 of 168 Words s~ack ~cugh are deleted, words underlined are added 3.9.4.4 1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area shall be preserved. 2. Exceptions. a. In those Neutral Lands located in Section 24, Township 49 South, Range 26 East, in the NBMO, native vegetation shall be preserved as set forth in Section 2.2.31.5.B. b. Where schools and other public facilities are co-located on a site, the native vegetation retention requirement shall be 30% of the native vegetation present, not to exceed 25% of the site. 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 Section2.6.40. Off-site preservation shall not be credited toward satisfaction of any of the vegetative retention requirement applicable in such NRPAs. General Exceptions. 1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and to protect the private property rights of owners of smaller parcels of land within the RFMU District, including nonconforming lots of record which existed on or before June 22, 1999, for lots, 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 clearing necessary to provide for a 15-foot wide access drive up to 660 feet in length. For lots and parcels 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 clearing limitations shall not prohibit the clearing of brush or under-story vegetation within 200 feet of structures in order to minimize wildfire fuel sources. 2. Specific County-owned Land. On County-owned land located in Section 25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site preservation 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. 3. 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. 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 shall be granted to encourage preservation. A. Outside Rural Villages. In RFMU Receiving Lands not designated as a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 1 unit per acre is achieved through the use of TDR Credits. B. Inside Rural Villages. In RFMU Receiving Lands designated as a Rural Village, a densi _ty bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation preserved on-site that exceeds the requirements set forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the use of TDR and Bonus Credits. 3.9.5. Wetland Preservation and Conservation Page 124 of 168 Words z~ack ~eugh are deleted, words underlined are added 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 designated areas of the Coun _ty, 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. B. 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. C. Within the Immokalee Urban Designated Area, there exists high quality wetland system connected to the Lake Trafford/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 quali _ty 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. 2. Wetlands documented as being utilized by listed species or serving as corridors for the movement of wildlife shall be preserved on site, regardless of whether the preservation of these wetlands exceeds the acreage required in Section 3.9.4.2. 3. Existing wetland flowways through the project shall be maintained, regardless of whether the preservation of these flowways exceeds the acreage required in Section 3.9.4.3. 4. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surroundin~ 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 jurisdictional line. Page 125 of 168 Words :~,:ck [~c, ugh are deleted, words underlined are added 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. 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 adiacent to the impacted wetland. b. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the jurisdictional agencies. c. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Section 3.9.5.4. 2. Mitigation Incentives: A density bonus of 10% of the maximum allowable residential density, a 20% reduction in the required open space acreage, a 10% reduction in the required native vegetation, or a 50% reduction in required littoral zone requirements may be granted for 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, equal 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 fimctions as prescribed above. 4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute mitigation. 3.9.5.4. Estates, Rural-Settlement Areas, and ACSC. In the case of lands located within Estates Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency, in accordance with the following: Page 126 of 168 Words s~ack ~c, ug~ are deleted, words underlined are added A. For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. 3.9.5.5. RLSA District. Within the RLSA District, wetlands shall be preserved pursuant to Section 2.2.27 3.9.5.6 Submerged Marine Habitats. The County shall protect and conserve submerged marine habitats as provided in Section 2.6.21.2.7. 3.9.6 Natural Reservation Protection and Conservation. 3.9.6.1 Purpose and 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 NRPAs 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. B. Open Spaces as Buffers. 1. The uses in paragraph A.2 above are encouraged to be located as to provide a buffer between the natural reservation and more intensive open space uses, including 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 are impervious in nature. These more intensive open space uses may not be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (M¥cteria americana) rookeries, bald 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 as specified below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (Haliaeetus leucocephalus) nests - 1,500 feet; b. Wading bird roost - 300 feet; Page 127 of 168 Words s~,:ck ~cug~ are deleted, words underlined are added c. These buffer distances shall only apply to the identified entity within the natural reservations. 3. These requirements shall be modified on a case by case basis, if such modifications are based upon the review and recommendations from the USFWS and the FFWCC. Any such changes shall be deemed consistent with the Growth 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 project 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. 2. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. 3. The Preserve shall be identified at the time of the first development order submittal. 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, 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. 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 as utility or access easements, may project into the Preserves when platted as a tract. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all 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; Where native preservation requirements cannot be accommodated, the Page 128 of 168 Words z~.:ck t?zough are deleted, words underlined are added landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re- create 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 proiect. f. When an access point to a project cannot be relocated. To comply with obligatory_ health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. 2. Required Planting Criteria: a. Where created preserves are approved, the landscape plan shall re-create a native 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 ft mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft 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 natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re-establishment of the native plant community. b. Approved created preserves may be used to recreate: (1) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. (2) not more than two acres of the required preserves if the property has equal to or 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 has equal to or greater than eighty acres of existing native vegetation. c. The minimum dimensions shall apply as set forth in 3.9.7.1 .B. d. All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. F. Allowable Supplemental Plantings. Supplemental native plantings in all three strata may be added to preserve areas where the removal of non-native and/or nuisance vegetation creates open areas with little or no native vegetation 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. G. Preserve Management Plans. The Preserve Management Plan shall identify action.q 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. Page 129 of 168 Words g~,:ck ~,rv, ugh are deleted, words underlined are added 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 regarding the person hired by the association to manage the preserve. The homeowner's association and the preserve manager shall be responsible for annual maintenance of the preserve, in perpetuity. The Preserve Manager must have experience in native habitat protection/restoration, as identified in section 3.8.4. 4. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing therrh 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 conditions require prescribed bums, a fire management plan will be developed and implemented. 5. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and 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 a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs 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. 3.9.7.2 Inspections and maintenance. A. Inspections shall be required for all preserves. The preserve areas shall be completed and approved by inspections conducted in accordance with the following schedule: 1. Prior to preliminary acceptance of the phase of the required subdivision improvements; 2. Within the associated phase of the 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. Eigh_ty 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 perpetui _ty. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. B. Annual maintenance shall be required according to the Preserve Management Plan 3.9.7.3. Required Setbacks to Preserves. A. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site akerations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 Page 130 of 168 Words zm:ck ~zcugh are deleted, words underlined are added 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 subject 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. Sec. 3.9.~8_ Vegetation remora!, pProtection and pre:ervatien Removal sStandards. 3.9.~. 8~1. Vegetation pP_rotection Standards. 2.9.5.1. 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. 3.9.S.I.3. C_~. Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 3.9.8. ! .4. D_~. Excavation. Unless otherwise authorized by the vegetation removal permit, no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. 3.9.8.1.5. E_:_. Protective Barrier and Signage. 1. Installation of protective barrier and signage. All protective barriers shall be installed and maintained for the period of time beginning with the 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 identi _fy and protect the preserve during construction. The boundary of the Preserve shall be posted with appropriate signage denoting the area as a Preserve. Sign(s) should note that the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines; be limited to a maximum height of four feet and a maximum size of two square feet; and otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300 feet. 2. Applicant's representative required. The applicant for a vegetation removal permit shall, at the time of application, designate representative(s): -1--)a. Who shall be responsible for the installation and the maintenance of all tree protection barriers. g--)b.Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. &c_.Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all- weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. Page 131 of 168 Words sm:c!c tk:z,.:gh are deleted, words underlined are added Ad_.Protection of individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that required in [section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field representative. 3.9.~. 8_~.2. Criteria for Removal and/or Replacement of Protected Vegetation. A. Standards. The development services director may approve an application for vegetation removal permit based an the fc!!~wing criteria: if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this division. In addition, a vegetation removal permit may be issued under the following conditions: 3.9.5.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. 2.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 3.9.5.2.3. A final local development order has been issued which requires removal of the protected vegetation. 2.9.5.2/1. Compliance with other codes and/or ordinances may involve protected vegetation removal. criteria set foxh in this divisicn. ~ n ~ ~ ~: 5. D ....... .~ ........ ; ......... '~ fer ....... ~ ix nc, nnv,:i'~'o Replacement of no~ative vegetation shall be with native vegetation ....... ~c ....... v .......... ~ ~:v ..... ...... ~ area and s~ll be subject to ~e approval of the development se~ices director or hisser designee. ~ Replacement vegetation shah co~ly with the standards of Section 2.4.4 ~d shall include the following mnimum sizes: one gallon ground cover; seven (7) gallon s~bs; fouaeen (14) foot high ~ees with seven foot cro~ spread and dbh (diameter at breast height) of t~ee inches. Replacement native vegetation shall be planted within 14 calendar days of removal. 2.9.5.2.7. 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. 3.9.5.2.S. 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. 2.9.5.2.9. 8_. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state or federally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of the time authorized by such agency permits. B. Landscape Plant Removal or Replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans Page 132 of 168 Words smzc!z t?,rc, ugh are deleted, words tmderlined are added 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. C. 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 planning 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 planning services director. 3.9.5.3.8.3. Management Plan and Inspections. A_~. Management plan required. For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.1_:. Whether or not the existing vegetation is to be preserved in the existing species composition. 3.9.5.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). .9.5.3.3.The maintenance schedule for the removal of invasive species. 2.9.5.3.4. The maintenance schedule for the removal of debris. ........ 5.Other information that may be required by the deve!,vpment planning services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. 3.9.5/.. B_~. On-site inspection. The ~eve!opment planning services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the v ............ standards set forth in section 3.9.8.5 below. to and ~,:ntenance. Page 133 of 168 Words sm:,ck ~ough are deleted, words underlined are added set aside kn a Preserve. ?..-sas ~+ aside as t~ ................................. on ... sito a.e;:en~'..~.,c""* .~.~^- prope:./!ess ~an ten acres. Page 134 of 168 Words sU'uclc ~=~',ugh are deleted, words underlined are added ! L, Page 135 of 168 Words s~*~".,J.c!~, tFzc'.:gh are deleted, words underlined are added 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 requirement subdivision improvements. 2. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. 3. From all golf course fairways, roughs, and 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 shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.9.2. Exotic Vegetation Maintenance Plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of 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 lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.10. Required Permits and Notices 3.9.10.1. Vegetation Removal Permit A. Other permits required. No vegetation removal permit or final development order authorizing site clearing or site improvements shall be issued by the planning services director until all applicable federal and state, and County approvals as designated by the planning services director have been obtained. These approvals may include, but are not limited to: Page 136 of 168 Wordso__~v ,~_~_~ are deleted, words underlined are added 1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.) 2. Special treatment (ST) development permits. 3. U.S. Army Corps of Engineers permits or exemptions. 4. Florida Department of Environmental Protection permits or exemptions. 5. U.S. Fish and Wildlife Service permits or exemptions. 6. Florida Fish and Wildlife Conservation Commission permits or exemptions. 7. South Florida Water Management District permits or exemptions. 8. Other applicable agency reviews or permits or exemptions. 9. Other county approvals. B. Application contents. Application for a vegetation removal permit shall be submitted to the planning services director in writing on a form provided by the planning services department. The application shall include the following information: 1. A generalized vegetation inventory which includes: a. Generalized 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 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 positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relationships between the areas of vegetation and the proposed site improvements. b. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation. The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, 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. An executed statement which includes: Page 137 of 168 Words s~:ck ~.rc~ugh are deleted, words underlined are added a. Name, address, and phone ofproperW owner. b. Name, address, and phone of authorized agent and on-site representative. c. Proof of ownership. d. Legal description. e. Reason for proposed removal. f. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal. It should be noted that the root system of the vegetation shall also be protected. g. Signature of property_ owner or copy of a specific contract signed by property_ owner. 3.9.5. C_=. Review procedures. 3.9.519.1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection, the development services director, and for ,gngrcvc ~1~,; ..... :*~ *~ "~""~' director ........... v .................. rezzarces may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days except far --..e.v.~ .......... ......_v_: .... *;"" Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida d__Department of eEnvironmental p_Protection. An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services .................. v ................. ~,~. er u;~ designee. The development services director and e^~ ~zngreve kis designee may attach 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. 2.9.19.2. 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. 2.9.19.3. Permit fees. All vegetation removal and agricultural clearing permit applications requiring review and approval shall be charged a review fee ",..".!ess o~tq*~ll ..... ~t-~A 1-,., ~-h~ A~.,~I .... ~- .... ~ A;~* ...... o,,~* *~ *h~ ~A~ Thc. ......... j ........ ~ as established by resolution of the ~oard of ~oun~ o~o~ssioners. 2.9.19. a,. D. Vegetation Removal Permit Exceptions /1\ Ear!caf acacia (Acacia auric'a!ife-~miO. /lf~\ ^ ;. ~ .....tn; ....... bu!bifera). Page 138 of 168 Words sL--ack *&r,o'agk are deleted, words underlined are added 3.9.!0.4.2. 1. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel 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 perrrdt has been issued for the permitted principal structure (the building permit serves as the clearing permit), or (-24 b_:. The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre. 3.9.10.4.4. 2_. A vegetation removal permit is not required for the removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 2.9.10.4.5. 3_. A vegetation removal permit is not required for the removal of protected vegetation~..~.~*~'~- *~'~"~.~.. a orw~----~--; ...... ..~ from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3.9.10.4.5.4_:. 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. 2.9.19.a..9. 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 clearing that would impact or disturb the soil or sub-soil layers or disturb the root systems of plants below the ground. 3.9.6.5.10.2 Agricultural land clearing. A. Land Clearing Permit. A permit for clearing 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~,,...~a~'~a ,,.,~j ,~;~,_.~ *~w,'^a~ shall be required for all agricultural operations except as exempted by sec~cn 2.9.5.5.6 cft~As Cede 6 below. 3.9.5.5.1 .Appfication. An application for an agricultural clearing permit shall be submitted in the form established by the development planning services director. Silviculture operations, as defined by this Code, shall require a management plan prepared by a forester or a resource manager (e.g. division of forestry, private or industrial) as part of the application. An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. The following conditions, Page 139 of 168 Words s~ack ~cugh are deleted, words underlined are added as applicable, shall be addressed as part of and attachments to the agricultural land clearing application: (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 deve!c.?ment planning services director. The ST or ACSC-ST permit review shall be in accordance with Collier County Land Development Code Division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. (--2--) b~ The application, including generalized vegetation inventory and clearing plan as outlined in sections 3.9.4.2.!, 3.9.4.2.2 and 2.9.~..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. 67-) g:. The property owner, or authorized agent, has filed an executed agreement with the deve!zpment planning services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the property into a bona fide agricultural use and pursue such activity in a manner conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten-year period required by o~;^- ~ n ~ ~r~x h h,q .... ............... xuj ......... 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. (-g) h_:. The property owner, or authorized agent, has filed an executed agreement with the deve!c?ment planning services director stating that the owner/agent is aware that the Collier County bBoard of ~County eCommissioners will not rezone the property described in the agricultural clearing permit for a period often years from the date of approval of the agricultural clearing permit by the develz?ment planning services director, unless for any such conversions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this Code. 3.9.11.2. Determination of completeness. a_. After receipt of an application for an agricultural clearing permit, the ~ .... .*~t~...*..~ ...... planning services director or his designee shall determine whether the application submitted is complete. All applicable conditions specified in section 3.9.6-.5.1 above must be addressed in order to obtain a determination of completeness. If the application is not complete, the development services director or his designee shall notify the applicant in writing of the deficiencies. No further steps to process the application shall be taken until all of the deficiencies in the application have been met. In addition, A determination of completeness or a modified determination of completeness 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 fo~ an ACOE permit or exemption, as a?p!icablo, 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. Page 140 of 168 Words sm:zk t~:zug~ are deleted, words underlined are added A dete-'-:r;,mation of comp!eteneas or a modified dete~wrAnation of completeness shall be 3.9.5.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance of the determination of completeness or modified determination of completeness and shall be completed ':Athin 20 b'asinesz days from the date of issuance to the applicant cf a dets~Jnati~n cf cc~!stsness ~xc~pt where -~.-e .... ,---~' .... -~r--~---.'; .... The following criteria shall be utilized by staff in reviewing an application for issuance of an agricul~al clewing pe~t: ~..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 the Collier County growth management plan and the Land Development Code, as may be amended from time to time. c_. Additional data and or information required by the eCounty to address environmental impacts shall be submitted by the applicant upon "' ........ in ~,witing for ........ :^- cf time. 2.9.5.5.4. Issuance of permit. After an application for an agricultural clearing permit has been reviewed in accordance with section 2.9.5.5. 3 above, the development planning services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing:. --';"'; .... ~...o; .... days of receiving a ........................... ....................................... vt- ......... , .......... ~, -vt ....... po.whirs or ...... ;^-0 ~.^~ .~.~ c~:uz~r~ ~. ^ r-~: Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. 2.9.5.5.5. 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 planning services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity in ..... ~ ....... ;,h ..~ requirements ^r ~,;~, ~ n ~ ~ ~ ~c m;o r-~,~ Such notification shall state that the applicant is in compliance ~vith 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. 2.9.5.5.6. Exemptions for agricultural 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. g:.b_. Upon issuance of an agricultural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing permit or exemption. Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, from areas Page 141 of 168 Words smack tk~ough are deleted, words underlined are added 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. 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 providing provided that: mid The development services director is notified in writing within two business days prior to such removal and the county makes no objection within said two business days; I~.(2) The tree is not a specimen tree; ~. 3.(2) The vegetation is not within an area required to be preserved as a result of a required preservation, mitigation or restoration program; d:.(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. ~(51 No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration program. B. Land Clearing Notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the environmental services director that the removal will occur. Said notice shall include the following information: 1. a 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, 2002, as set forth in Section 2.6.39.3.D.2; and 6. if the land is outside the RLSA, a signed agreement acknowledging that, if the land being cleared for agricultural operations is converted to a non-agricultural uses within 25 years after the clearing occurs, the property shall become subject to the requirements of Sections 3.9.4 through 3.9.6, as provided in Section 3.9.3.1 .C. 3.9.5.6.2. D ...... ;~" of"'*:"a vegetation .......... ~, ...... vv ....... prav:s:ens of this improvements; £'3, ', issuance cf a certLqcate of occupancy. Page 142 of 168 Words smack tbxough are deleted, words underlined are added (5_.) .................. / ...................... , v ...... subse~uenta a section. 3.9.11. Enforcement 3.9.6:gl 1.1. Penaltyies. A. Fines. 1. The failure of a property owner or any other person to obtain an approved agrieu!mra! ~.~-:~_.~, permit as required in ~,,..:^~ 2.9.dA.3 this Division shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the hoard of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. 2. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.10.2, to put the subject premises into a bona fide agricultural use as required in shall constitute a misdemeanor c ................ ~, ................. ~, t~ ...... ::'as approved by · 1..~,..~ ~.A .... ...~V'***'''1 .......... ~...;'~°.~o ~..~,~. .4~ ...... and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a f'me 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. 2. Any person violating C t ti ~ro_ec__ve , ~ ........ , ............................................... Page 143 of 168 Words sm:ok tkrough are deleted, words underlined are added 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: ~L The restoration plan shall include the following minimum planting standards: (-t-) 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. (4-) 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). (-5-) e_.It shall be at the discretion of the development services director to allow for any deviation from the above specified ratio. (-t702. In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlawfully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (-C:;-)3. The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS code. The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the development services director. t-~lr~xA.. 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. (-g.)5. 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. (-F-)6. The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending development displaces areas to be restored. In such situations, off-site plantings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. (G-)7. 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.) 3.9.5.9.11.2. Corrective measures for environmental violations. A. Mitigation 1. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The Page 144 of 168 Words s~ack k~cugh are deleted, words underlined are added mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre-violation conditions. 6. If the violation consists of clearing of residential, single-family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single-family lots have been subdivided for single-family use only, and one acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the development services director may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. 2.9.6.9. I. 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.fi.9.2. C. Site-specific review criteria. 1. All plants used for mitigation shall be native Florida species. 2. All plants used for mitigation shall be from a legal source and be graded Florida No. 1 or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All plants not listed in Grades and Standards for Nursery Plants shall confoma 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. Page 145 of 168 Words awaclc ~,ough are deleted, words underlined are added 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. .9.6.9.2. D_~. County review of mitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be required when requested. 2. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. .......... 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 county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. 3.9.5.9.5. F~ Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.11.2.A. 3.9.~.9 2.9.5.97. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~.12__= Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case reviewed by the Collier County Board of County Commissioners. 3.9.813. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit requirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8:. 13.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.8.13.2. The vegetation removal is necessitated by disaster related damage. 3.9.8.13.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). Page 146 of 168 Words :,.~:ck L~zugk are deleted, words underlined are added SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.11., ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.11., Endangered, Threatened or Listed Species Protection, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DWISION 3.11. ENDANGERED, THREATENED, OR LISTED SPECIES PROTECTION 3.11.1 General. 3.11.1.1 Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threatened, or Listed Species Protection Regulations." 3.11.1~2. Purpose. The purpose of this division is to protect species in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: A_~. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened or species of special concern; B__:. United States Fish and Wildlife Service (USFWS) as endangered or threatened; and C_~. Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) on Appendix 1, Appendix II, or Appendix III. 3.11._1.3. ,,~,, ~'; .... and cxistir, g -~,*,~r,,,~,.~ '~ .... t ..... ' Applicability and Exemptions. A. General Applicabili _ty: 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..~^'v, new -.~'~ ~,--~-~-~,~*~-" ~a .... · ~.~v.-~.~ ........ ~--a conz~acticn purguant B. Exemptions: The following are exempt from the provisions of this Section: 1. agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes[ 2. all development within the RLSA District, except as specifically provided in section 2.2.27; and 3. all development within the NBMO, except as specifically provided in section 2.2.31. 3.11.2 EIS and Management Plans 3.11.2.1.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.g~1-2.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The :v,v:ey g~a!l ~e where listed species are known to inhabit biological communities similar to those existing on site Page 147 of 168 Words :W, zck through are deleted, words underlined are added or where listed species are directly observed on site, an ElS that includes a wildlife survey shall be required, as set forth in Section 3.8.5.7. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. P!ans sba!! be s',zb:r,2tt, e~ for review 3.11.2.3 Management Plans_. A. General Requirements. A wildlife management plan shall be required for all projects 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. B. References. The following references shall be used, as appropriate, to prepare the required management plans; 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 3. Ecology and Habitat Protection Needs of Gopher Tortoise (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 (Aphelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. 3.11.3. Protective Measures. All developments subject to this Division shall 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. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. E. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority shall be given to preserving the habitat of that listed species, as provided in Section 3.9.4.1 .C. F. Management Plans shall contain a monitoring program for developments greater than 10 acres. G. Letters of technical assistance from the FFWCC and recommendations from the USFWS shall be deemed to be consistent with the GMP. Page 148 of 168 Words :.m,:clz X~,eugh are deleted, words underlined are added Lca~erback ...... ,~ fr~ .... ,.~, ...... ~ ....~ ~"" Loggerhead ...... '~ (Carc~a carc~a). _.e {2,.+..t~ UI--.;J .... ;J.1;--.. f--. +k ....+~+4~. ~ ~11 ~+.*~ 1;o+~ Endangered Species, T~*~-~ e~; .... ~ Species ~r Special 3.11.3.3 Species Specific Requirements. On property_ where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the Coun _ty shall consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, my change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3. and 3.11.3.1: 3.I I.~.~. 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 functions and values of their natural habitat, unless otherwise provided for in this section. ~2_.) All gopher tortoise burrows are protected and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 3_.)- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. 64._)-When gopher tortoises are identified on site, a prctectioa/~nagement plan er off site ~..;~.~.~****~ ...... ~.. ;.~ ...... ~.~-.~ the protectio~nagement plan shall include, but not be li~ted to · e folloMng ite~: -1--)a. a current gopher tortoise survey, which shall be field-verified by planning services staff; -2--)b~ a proposal for either maintaining the population in place or relocating it; ¢-)c. a site plan identifying the boundaries of the gopher tortoise preserve; 4-)d~ the method of relocation if necessary; ~-)e. the proposed supplemental plantings if needed; 6~f. a detail of the gopher tortoise preserve fencing; :I-)g:. an maintenance plan describing exotic removal and pcssib!¢ additicna! plantings the m.ure vegetation management; and g-)h. identification of persons responsible for the initial and annual protection/management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall be designated on the site plan at the time of the first development order submittal. Suitable habitat preserved on site shall be credited to the preservation requirement as specified in section 3.9.&4= of this Code. {5_.)- Suitable habitat shall be defined as having the following characteristics: 4-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises;2 Page 149 of 168 Words .... 1..,. ..... "are deleted, words underlined are added -2--)b. appropriate herbaceous ground cover (if not present, supplemental food sources shall be planted)~i ~¢)c. generally open canopy and sparse shrub cover which allow sufficient sunlight to reach the ground,; and 4-)d_:. typically, includes the presence of an existing gopher tortoise population. 6. Off site relocation plans w~y shall be permitted to meet all or part of the on-site gopher tortoise habitat preservation requirements under the following circumstances: a_.) Where suitable habitat does not exist on-site; or, b_.) Where a property owner meets the minimum on-site native vegetation preservations requirements of this Code with jurisdictional wetlands and does not provide appropriate habitat for gopher tortoises as described above; or, c_.) Where scientific data has been presented to the community development and 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. (4-) 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 3.9.57. of this Code for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises preserves. All gopher tortoise preserves shall be platted with protective covenants as required by section 3.2.9.2.10. of this Code or, if the project is not platted, shall provide such language on the approved site development plan. When a decision is made tc a!!cw cfi site re!v, cati~n cf -~ ...... ;~ 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. (-8-) 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 su~se:tizn 2.! !.3.~.(~.) 4 through 10 above, when these lots are not a part of a previous development which has been required to comply with~-~.~..~"~' .... ~^~ ~....~.a ~ ~ a ~.t.~ 4 through 10. However, gopher tortoises shall be protected pursuant to paragraphs 1, 2 and 3 ef tkis sectizn above. B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. C. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of 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 Page 150 of 168 Words sm:c!: ~.rc, ug~ are deleted, words underlined are added 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 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 concems related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. F. Panther. For proiects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Fells concolor corgi) 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 project by using low intensity_ land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU District shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery_ Plan, May 1999, and with the provisions set forth in this section. G. West Indian Manatee. The management and protection plans for the West Indian I Manatee are set forth in section 2.6.22. H. Loggerhead and other listed sea turtles. The management and protection plans for listed sea turtles shall be as set forth in Division 3.10. Sec. 3.11.4. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a qualified consultant, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this Division. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.12., COASTAL ZONE MANAGEMENT DIVISION 3.12., Coastal Zone Management, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.12. COASTAL ZONE MANAGEMENT 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in dD_ivision 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the req'.:ire~ preliminary subdivision plat, if the applicant chooses to submit a preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of dD~ivision 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of dDivision 3.3. Page 151 of 168 Words sm:ck t?xm:gh are deleted, words underlined are added 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. SUBSECTION 3.N. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES DWISION 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s) -- Concurrency, F.S. § 163.3180. Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are def'med as follows: 3.15.3.10. Constrained facilities are those road facilities which have been so designated by action of the Board of County Commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that the road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. 3.15.3.11. Deficient road segment means a county or state road segment on the major road network system that is operating below its adopted level of service standard (LOS) as determined by roadway service volumes calculated by the Transportation Division administrator. 3.15.3.11.2. In fiete~.'-rv~2ning assessing the capacity of a county road segmentx o~ a state road segment or TCMA for the purpose of determining whether it is a deSc!ent ma~ segment operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the Transportation administrator shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of mm lanes, operation of intersections and number of signals, 2. Capital road improvements under constructiom,or for which the construction contract has been let; 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under construction, or for which the construction contract(s) has been let, before the impacts from the development or phased development accrue to the roadway system; Page 152 of 168 Words sWac!c t~:zugh are deleted, words underlined are added 4:. Construction of the required capital improvement at tke time cf a~.r,!ication is included in zr hefzre the third first or second .year of either the state's Florida DOT five-year work program or the first or second year of the Collier Coun _ty Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County=Annual Budget that follows adzptizn approval of the AUIR; at t~e ,h,, Growth Management Plan .......... u ..... ;o~ ?rovided by ~ .... 5. The final local development order is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element; 6. The necessary facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS will be stated as the capacity per unit of demand tbr each public facility. 3.15.3.21.2. Transportation Concurrenc_v Management System means a "real time" concurrency system that tracks and allocates the available roadway capaci_ty on a continuous basis with quarterly status reports to the Board. Trips generated from proposed Developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capacity for each new Development to be approved, in whole or part, as proposed Development plans are submitted. 3.15.3.31. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non-automotive transportation alternatives. Proportionate share payments may be used to mitigate the impacts of a development on a constrained or deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payrnent provided the remaining LOS requirements of the TCMA are maintained. Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. 3.15.3.31.1. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share 1. Project trips = cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a stage or phase being approved. 2. SV increase = the change in peak hour maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the adopted level of service. 3. Cost = cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service. Construction cost includes all improvement associated costs, including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. 3.15.3.31.2. The cost for a deficient roadway link shall be established using a _typical "lane mile cost" of adding lanes to a roadway having a similar area _type/facility type as determined by the Collier County Transportation Administrator. Page 153 of 168 Words s~:ck ~,rc~ugh are deleted, words underlined are added 3.15.3.34-32. Public facilities mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road facilities, capital sanitary sewer facilities, and capital solid waste facilities. These are also known as Category "A" public facilities under Policy 1.1.1. of the Capital Improvement Element of the comprehensive plan. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.4. Reserved. (Ord. No. 94-27, § 3; Ord. No. 96-66, § 3.J.; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) Sec. 3.15.6. Management and monitoring program. 3.15.6.2. Annual Update and Inventory Report on Public Facilities (AUIR). The Community Development and Environmental Services Division Administrator shall complete an Annual Update and Inventory Report on Public Facilities (hereinafter "AUIR"). The AUIR shall determine the existing conditions of all capital potable water, capital sanitary sewer, capital solid waste, capital drainage, capital park, and capital road public facilities to determine and summarize the available capacity of these capital improvements (public facilities) based on their LOS, forecast the capacity of existing and planned public facilities identified in the five-year capital improvement schedule for each of the five succeeding years, and ten succeeding years for solid waste landfill capaci _ty, and identify new projects needed to maintain or restore adopted LOS. The forecasts shall be based on the most recently updated Schedule of Capital Improvements (public fac/l/ties)and Capital Improvements Plan (CIP)or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida,=Bureau of Economic and Business Research (BEBR),or BEBR influenced Water and Sewer Master Plan, population projections, updated public facility inventories, updated unit costs and revenue projections, and analysis of the most recent traffic count data. 3.15.6.2.1. Annual determination of adequate "Category A" public facilities (concurrency). The will annually present the AUIR repo~ to the Board ef :oun~' c~w~'r2ssi,~ner~ identifying deficiencies or potential deficiencies in "Categ,vp/A"~otable water, sewer, solid waste, drainage, parks, and roads public facilities and remedial action options including, but not limited to, the following: 1. Establishment of areas of significant influence (ASI's); 2. Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. Lowering of LOS via growth management plan amendment; b. Inclusion of necessary public facility projects in the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the Board of County Comm/ssioners, the state legislature or the county voters. d. Private development improvements guaranteed by an enforceable development agreement. 3.15.6.2.2. The findings of the A UIR, once approved by the Board of County Commissioners, will form the basis for the preparation of the next Annual Update and Amendment of the CIE and the annual determination of any deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital Improvements and the Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" facilities for the next five years. Direct/em by ~The Board of County Commissioners shall provide direction to update and amend the CIE to include projects and revenues (within the first tkzee or second years for roads) needed to maintain or restore adopted LOS. ~o~ "Categ,vG, A" ~...~.vo,v~;~;*; .... .o .~..-..~;'~*~c'~a ...;~ .~.~.~ AUIR, Said direction shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of development orders subject to the provisions of this division until the presentation of the next AUIR, except for any ASI designated areas or other areas subject to interim development controls. Page 154 of 168 are deleted, words underlined are added 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues for inclusion in the next CIE update, the road facilities component of the AUIR will include an audit and update of the capacity balances in the Transportation Concurrency Management System database._ c,n a segment ~2, ........ ~v~,~.~w., ~,~o;~ The update shall factoring in all such development approvals since the previous AUIR that generate trips along each road segment and the effect of capacity expansion projects included in the financially feasible Schedule of Capital Improvements of the CIE c~w ...... o~ ~,.~.~.~. ........ The AUIR shall be the annual baseline of an ongoing, real-time concurrency determination for roads. 3.15.6.3. Recommendations on the annual CIE update and annual budget. Based upon the prior calendar year's AUIR analysis and Board direction, the Community Development and Environmental Services Division Administrator shall recommend to the Collier County Planning Commission and the Board of County Commissioners an Annual Update and Amendment to the CIE as part of the annual Growth Management Plan amendment cycle. The recommendation will include the proposed financially feasible public facilities Schedule of Capital Improvements needed to maintain or restore~adopted LOS standards as well as recommendations for the annual budget as to needed projects and suggested funding sources. 3.15.6.4. Designation of deficient or constrained roadway segments. Deficient roadway segments may be designated as constrained whenever they meet the terms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4.1. Regulation of growth along roadway segments designated constrained. Roadway segments once designated as constrained are subject to the growth restrictions set forth below which are intended to ensure that further LOS degradation does not occur in the event the roadway is determined to be operating below the level-of-service standard for that road facility. Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), Gconstrained roadway segments are subject to growth restrictions on development that will not allow for approval of a final local development order resulting in an increase in peak hour traffic volume ^c ........... ,, ..... ~, .....; .....~ ...... above the adopted level-of-service standard. 3.15.6.4.2. Regulation of growth along deficient roadway segment(s). Except as provided for below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), N n._~o trips shall be allotted under a certificate of public facility adequacy for development that directly accesses and generates more than a de minimis (de minimis impact is defined as traffic impact of !ess t~an one percent or less of the peak hour service volume) impact on the deficient roadway segment(s) or for which the significance test in subsection 3.15.6.4.7.__~. of this Code, below indicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Furore Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is designated. Development located within the South U.S. 41 TCEA (Map TR-4) shall be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures below. 3.15.6.4.3.1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within the concurrency exception area that would reduce the LOS on FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.3. Commercial t~developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide certification from the Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b_b_) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c_l Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. Page 155 of 168 Words g~:ck ~rv, ugk are deleted, words underlined are added d) Flexible work schedules that are expected to reduce peak hour automobile work tripg generated by the development e) Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h_) Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. Residential developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation shall obtain certification that at least three (3) of the, following Transportation Demand Management (TDM) strategies will be utilized: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier Count3~ Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Concurrency analysis will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of this code. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. 3.15.6.4.4. Transportation Concurrency Transportation element Policy 5.7 of the Management Areas are designated: Management Areas Designated. Pursuant to GMP, the following Transportation Concurrency 3.15.6.4.4.1 Northwest TCMA - This area is bounded by the Collier - Lee Coun[y Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 3.15.6.4.4.2. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Road (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5. Concurrency Standard for TCMA. To maintain concurrency, each TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lam, miles in a TCMA are achieving the LOS standards indicated above, the proposed developmem shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintai,, Page 156 of 168 Words sm:ok tP:zugh are deleted, words underlined are added the TCMA LOS standard are committed utilizing the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficient roadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentage of lanes miles indicated in subsection 3.15.6.4.5. above, a proportionate share payment pursuant to Rule 9J-5.0055(9), F.A.C. shall be required as follows: 3.15.6.4.6.1. Proportionate share payments shall be calculated using the formula established in Subsection 3.15.3.3 I. 1. The facility cost for a constrained roadway link shall be established using, a typical "lane mile cost" as determined by the Collier County Transportation Administrator of adding lanes to a similar area/facility type as the constrained facility, 3.15.6.4.6.2. Proportionate share payments shall be utilized by Collier County to add trip capaci _ty and enhance traffic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-automotive transportation alternatives that reduce vehicle trips within the Transportation Concurrency Management Area. 3.15.6.4.6.3. However, no impact will be de minimi~q if it exceeds the adopted level-of service standard of any affected designated hurricane evacuation routes within a TCMA. Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. 3.15.6.4.6.4. Proportionate share payments under this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not influence the concurrency determination process. 3.15.6.4.6.5. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier Coun_ty's designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b) Parking charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. c) Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e/ Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by the development. f) Telecommuting that would reduce the vehicle miles of travel and peak hour work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (mngt be coordinated with Collier County Transit). In order to be exempt from link specific concurrency, new residential development redevelopment within Collier County's designated Transportation Concurrency Managemenl Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Managemenl (TDM) strategies, as may be applicable: a) Including neighborhood commercials uses within a residential project. Page 157 of 168 Words sm:ok tkr.~::gh are deleted, words underlined are added b) Providing transit shelters within the development (must be coordinated with Collie~ County Transit). c) Providing bicycle and pedestrian facilities, with connections to adjacent conmiercial properties. d) Including affordable housing (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties. 3.15.6.4.37. Significance test. Impact for traffic impact analysis purposes for a proposed development project will be considered significant: 1. On those roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume; 2. For those roadway segments immediately adjacent to segments which are directly accessed by the project where project traffic is greater than or equal to three percent of the adopted LOS standard service volume; or 3. For all other adjacent segments where the project traffic is greater than five percent of the adopted LOS standard service volume. 4_. Once traffic from a development has been shown to be less than significant on any segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. This significance test is applicable to projects inside and outside TCEAs and TCMAs. 3.15.6.5. Establishment of area(s) of significant influence (ASl) for deficient road segments. If the findings of the AUIR analysis identify additional road improvement projects that would be needed in order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, then the community development and environmental services division administrator, in conjunction with the transportation services administrator, may propose to establish one or more areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Services Administrator. 3.15.6.5.2. Review and approval of AS1 by board of county commissioners. Afier receipt of the proposed boundaries of a potential ASI from the Transportation Services Division Administrator, the Board of County Commissioners, shall hold public hearings noticed pursuant to the requirements of) subsection 2.7.2.3.4. of this Code_. After final consideration of the proposal and public comment, the board may approve the designation of an ASI, (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not deficient and find that the establishment of an ASI is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the Board of County Commissioners. 3.15.6.5.5. Interim development controls on AS1 roadway segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact eq~:a! to or greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on an existing lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. Sec. 3.15.7. Regulatory program: review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System. Page 158 of 168 Words g,.*r'dcl.~ *&zm:gh are deleted, words underlined are added developments wi!! be built, and the m~gn/rade paid. 3.15.7.3.1.2.1. Annual midyear Traffic/PUD Monitoring Report. On [the effective date of this division's amendment], all development that has been issued an £DP er FSP, but PUDs which is are less than 90 percent built-out, must annually ~-,, --;~ ..... (eh ^~ ~- .... T ....20th) submit a report detailing its their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than nineW (90) days pass! due will result in the suspension of final local development order issuance with for the PUD pending receipt of thc Report. 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a ............. t- ............ ; adequacy final local development order has been approved and a certificate issued, an applicant may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. .......................... t ................................. amendment], mNot_ later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The certificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested development that Page 159 of 168 Words ...... ~.rough are deleted, words underlined are added opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable. However, the certificate of public facility adequacy runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 3.15.7.3.4. Procedure for review of application. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environmental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day. After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant specifying the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the application is determined to be complete, the Community Development and Environmental Services Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in subsection 3.15.7.3.5. of this Code. The Transportation Services Administrator shall review and grant, or deny a certificate of public facility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final development order. 3.15.7.3.4.6 Traffic Capacity Reservation for all or part of the proposed development may b~e approved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 3.15.7.3.4.3. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 3.15.7.3.4.5; pawnent of road impact fees in accordance with section 3.15.7.3.4.5~ and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.31. Traffic capacity reservations approved under this section will expire in one (1) year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year tim~, period. 3.15.7.3.5.6. Road facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6.1. Road facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. Page 160 of 168 Words s~ack ~:cugh are deleted, words underlined are added 324 n,a x,^ nn ~, § ~ T; r~,,~ 5Jo. 02 n,, § 3.A.; Ord. Sec. 3.15.8. Reserved. (Ord. No. 94-27, § 3; Ord. No. 99-6, § 3.1.; Ord. No. 03-01, § 3.J.) SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.2., ABBREVIATIONS DIVISION 6.2., Abbreviations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.2. ABBREVIATIONS DIVISION 6.2 ABBREVIATIONS AASHTO ACSC ADT through EAB No change EIS FDOT through LDR No change NBMO NOAA NRPA PSP REMU RLSA SDP through SEC No change TDR No change Big Cypress Area of Critical State Concern Environmental Impact Statement North Belle Meade Overlay No change Natural Resource Protection Area No change Rural Fringe Mixed-Use Rural Lands Stewardship Area Transfer of development rights Page 161 of 168 Words ...... ~zeugh are deleted, words underlined are added SUBSECTION 3.P. AMENDMENTS TO DIVISION 6.3., DEFINITIONS DIVISION 6.3. Definitions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natural reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. ................................ ~, ........... a rent er meXgagu .............. j ..... gross inccm~ for thc household as published nnnua!ly by the U.S. Deponent cf Housing and Urban Deve!cpment Bonus Credit: A unit representing the right to increase the density or intensity of development within a Rural Village to an extent equal to that achieved through TDR Credits, up to the minimum required density. [sec.2.2.2 ½.2.B.3.b] Building, Actual height off' The vertical distance from the average centerline elevation of the adjacent roadways to the highest structure or appurtenances without the exclusions of section 2.6.3. Building, Zoned height of' The vertical distance from the In:st finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conformance with the Collier County Building Construction Administrative Code !02.2. l.d [Code § 22-47(a)(4)], as amended) and, if necessary, FDEP requirements for minimum habitable first-floor structural support. !r~Cras~,:cPare in :uppc~ of +&e building, :'ach as mechanical :n*~...e -e.e.mr. in."- jon '~ * * o.c~'~ui._ing~a ~'..zig~'* .... Rooftop recreational space ............................... and accessory facilities are also exempted from the limitations established for measuring the height of buildings. Cabana: An accessory structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but nol limited to, the arts, education, government and religion. Cluster Development: A design technique allowed within residential zoning districts eon~itiana! ua0 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 be:ag placed in order to: Increase common open space; reduce the overall development areal reduce alterations and impacts to natural resources on the site; to preserve additional nativv vegetation and habitat areas; and, to reduce the cost of providing services, including but no( limited to central sewer and water. (See section 2.~.27.) Page 162 of 168 Words ...... ~.r.e, ugh are deleted, words underlined are added 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] Density Blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all- weather access roads and pads, development drilling, installation of crude oil pipelines, towlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to the operation of these facilities and activities. (See Oil extraction and related processing) Environmental Impact Statement (EIS): A document required ag per div!gion 2.$ 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, environmental quality, and listed species. ......... ~, ................ or ................ iders approved and au*&orized a~cording *~ ..~ ..... .. ~ having appropriate ~"'~;~;~*;~"~.~.~.~-. (S~ ~.~.~..;~- 2.5.9.) Those se~ices and facilities, including utilities, salon so,ices, and o~er gove~ent so,ices, necessa~ to promote and protect public health, safeW and welfare, including but not limted to the follo~ng: police; fire, emergency medical, public park and public libra~ facilities; and all se~ices designed and operated to provide water, sewer, gas, telephone, elec~iciW, cable television or co~ications to the general public by providers that have been approved and authorized according to laws having appropriate j~isdiction, and gove~ental facilities. Exploration, oil and gas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil extraction and related processing) Flowwa¥: 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. Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. Greenbelt.'A required buffer and open space area surrounding a Rural Village. [sec. 2.2.2½.2.B.6.] Guest House or Cottage: An accessory dwelling "~".it structure which w2ght ar n:2ght net include cooking faci!iti:a is attached to or detached from, _a principal dwelling located on the same residential parcel and which an accessory_ dwelling serves as an ancillary us___~e providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities...,~;~u is ; ......... a .... ~a ,^ a~+.~,~a c~ a principal a .... ,,;,., ~,a -,~;~u is .... .~ ~,..~..~,3, c~ ~ nancc~-'..zrcial , ........... , ............................................ m~mer ~c .~= pr/nc al dwelling. Guesthouses or coNages are not pem~ed in development that is receiving an AHDB. (See section[s] 2.6.14 and 2.7.7.) Guest Ouarters/Guest Suites: An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principal use of the property and may contain running water as long as it is not configured or of a size that may accommodate a kitchen. Housing, 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 (fo~ low income), or 80 percent to 100 percent (for moderate income) of the median adjusted gross annual income for the household as published annually by the U.S. Department of 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 Page 163 of 168 are deleted, words underlined are added housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Housing, Workforce: Owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) PrimaG' kitchen: A food preparation area wkich containa a kitcken si:-& and a range or ave::, Kitchen, Primarb' A room in a principal dwelling which is used, designed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, Secondary: A kitchen, accessory in function to the prima _ry kitchen, located within and only accessible through the principal dwelling unit. Native Vegetation: Native vegetation means Nnative s_gouthem Floridian species as determined by accepted valid scientific references. ,o~c~ identified in section 2.4.4.3- Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined ag a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. Natural Reservation: The term natural reservation refers to large areas set aside for natural resource protection, conservation and preservation and includes: only Natural Resource Protection Areas (NRPAs); and, lands designated Conservation on the Collier County Future Land Use Map, including but not limited to, Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuary. Natural Waterbod¥: A naturally occurring lake, pond, lagoon, river, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Neighborhood Center: A centrally located area within a neighborhood of a Rural Village that ma3, include small-scale service retail and office uses and shall include a public park, square, or green. Neutral Lands: Lands located within the RFMU District that are generally depiected located on the Furore Land Use Map, and more specifically depicted on the Official zoning Atlas, as Neutral Lands. [sec.2.2.2½.3] North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as the North Belle Meade Overlay. [sec. 2.2.31] Oil extraction and related processing: Oil and gas exploration, drilling, and production operation~ 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. *~ sky. n_ improved 1~,o recreation 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 enjoyrnent of the space either privately or by the general public. Examples of open space include: areas of preserved indigenous native vegetation; areas replanted with vegetation after construction; lawns, landscaped areas and greenways; outdoor recreational facilities; and, plazas, atriums, courtyards and other similar public spaces. Open Space, Common: Cox'.'...en Open Space mca.ns tThose areas within or related to a development, not in individually owned lots or~.~.~a~a; .... ~ .~.c^~ p..t.n.~..~ ..... -~, ~'~-. ...... ...-~..~';~' ia 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 Page 164 of 168 Words ....... through are deleted, words underlined are added residents of the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way,_ except ~.u~.,.,~ ~~'~'~; .... '~ ~r ~v..~ '~ ..... ,~ ~c ..... v~--~'n ..... ~," driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Pathway: A defined corridor for the primary use of non-motorized travel. RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lan& and the Urban and Agricultural/Rural and Conservation designated lands farther to the east. [ sec. 2.2.2½] RFMU Receiving Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Receiving Lands. [sec. 2.2.2½.2] RFMU Sending Lands: Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Sending Lands. [sec.2.2.2½.4] 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. 2.2.2½.2.B] 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] Transfer of Development Rights: The transfer of development rights from one parcel to another parcel in a manner that allows an increase in the density or intensi_ty of development on the receiving properW with a corresponding decrease in the remaining development rights on the sending property. Vegetation, Categorp I Invasive Exotic: Invasive exotic vegetation that is altering native vegetation communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. Vegetation, Categorp H lnvasive Exotic: Invasive exotic vegetation that has increased in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. Vegetation, Exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics. Vegetation, Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Vegetation, Naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation, Prohibited Exotic: Category I or Category II Invasive Exotic Vegetation limited to the following: specifically include the following: 'r~. .... .... ~.....~ v~*,, or ~..., .... pa~ *~'-.~ .... .... c, including 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). 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. Page 165 of 168 Words smack *&.ro'agh are deleted, words underlined are added and eoaata! :p. mnagement element policy 4.2.9. Wetlands as set forth in Section 373.019 Florida Statutes. The terms "Wetlands" and "Jurisdictional Wetlands," as used in this Code, shall be synonymous. Wetland Function: A quantitative and qualitative measure of the degree to which a jurisdictional wetland provides hydrologic and habitat or other benefits for listed species, measured using tN, Unified Wetland Mitigation Assessment Method, F.A.C. Chapter 62-345. Yard, front: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required front yard shall be provided on both streets except as other~vise provided for herein. Where comer lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one full depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s) shall not may be reduced to by more ~&an 50 percent of the full front yard setback requirement for that district, exclusive of any road right- of-way or road right-of-way easement. For setbacks for E (estates) zoning, see Section 2.2.3.4.3. ^ aaa~_~u ,, ........ ~ ....... ~ ....... ~, ............~ ............. requirement c~ ....... ~ .~gU, cf way or road right cf way easement ..~;,u;. ,u~ -~a .... a n.^., .... SUBSECTION 3.Q. AMENDMENTS TO APPENDIX D, AIRPORT NOISE ZONING MAP APPENDIX D, Airport Noise Zoning Map, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: Page 166 of 168 Words sm:ok ~.reugh are deleted, words underlined are added APPENDIX D-AIRPORT ZONING App. D, App. II APPENDIX II. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP (SEF SFCTIOX ~.~.~3) PKWY 6O ~_~__ ROAD PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT A,ND ENVIRONMENTAL SERVICES DWISION DATE: 7/0,3 FILE: AIRPORT-NZ-2-2OO3DWG SCM_E: 1500 3000 6000 Feet Page 167 of 168 Words 5~l".dcl( t?:cugk are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA By: Deputy Clerk f~ed as to form and Patrick G. White Assistant County Attorney By: DONNA FIALA, CHAIRMAN Page 168 of 168 Words s~ack X~cugh are deleted, words underlined are added FAX TO: LOCATI'ON: FAX NO.: COMMENTS: PAM PERRELL Naples Daily News (239) 263-4703 FROM: LOCATI'O N: FAX NO: PHONE NO: DATE SENT: TZME SENT: Board Minutes & Records COLLIER COUNTY COURTHOUSE (239) 774-8408 (239) 774-8406 I /1 ~ /200~ AM q;~ PM # OF PAGES: (Zncluding cover) HP Fax 1230 Last Transaction Date Time Jan 16 4:48PM T_.vpe Fax Sent Log for Minutes & Records 2397748408 Jan 16 2004 4:51PM 92634703 Duration P. ag~ Result 2:48 6 OK January 16, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC-2003-CYCLE 3-(5 DAY) Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Friday, January 23, 2004. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 NOTICE OF LAND DEVELOPMENT CODE CHANGE AND PROPOSED ORDINANCE: Notice is hereby given that on THURSDAY, JANUARY 29, 2004, at 2:00 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F", Collier County Government Center, 3301 Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to the passage of an Ordinance, the title of which is as follows: 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 FACTs SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWINGs 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 REVISION 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 IMTERMEDIATE 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 TEH 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; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LODAING 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 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 PLANING 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; DIVISON 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES! AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS! DIVISON 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. Ail interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development review, Community Development Services Center, 2800 N. Horseshoe Drive, naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at the February 11, 2004 meeting. If a person decides to appeal any decision made by the Collier County Board of County Commsissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, adh for such purpose he may need to ensure that a verbatim record of the proceedings is ,made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT BROCK, CLERK By: /s/Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jenneiohn To: SubJect: Pam Perrell (E-mail) LDC 2003-CYCLE 3/5 DAY DISPLAY NOTICE Hi PAra, Please advertise the attached, and the via fax, on Friday, ,Tanuary 23, 2004. LDC-2003-02-Cycle LDC-2003-CYCLE 3-(5 day)l-2... 3(5 DAY)12904,d... maps you will receive from our office Thank you, Ann Minutes & Records Ann P. Jenneiohn From: Sent: To: Subject: postmaster@clerk.collier.fi.us Friday, January 16, 2004 4:54 PM Ann P. Jennejohn Delivery Status Notification (Relay) A]-r258534.txt _DC 2003-CYCLE 3/ 5DAYDISPLA... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naplesnews.com Ann P. Jenneiohn From; Sent: To: Subject: System Administrator [postmaster@naplesnews.com] Friday, January 16, 2004 5:01 PM Ann P. Jennejohn Delivered: LDC 2003-CYCLE 3/5 DAY DISPLAY NOTICE _DC 2003-CYCLE 3/ 5 DAY DISPLA... <<LDC 2003-CYCLE 3/ 5 DAY DISPLAY NOTICE>> Your message To: Pam Perrell (E-mail) Subject: LDC 2003-CYCLE 3/ 5 DAY DISPLAY NOTICE Sent: Fri, 16 Jan 2004 16:49:11 -0500 was delivered to the following recipient(s): legals on Fri, 16 Jan 2004 17:01:12 -0500 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the author/w, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Coll'er County, Florida; distributed in Collier and Lee counties o the attached ;;for/da; (hat copy of the advertising, being a PL~LIC NOTICE in the matter of Public Notice as published in said newspaper 1 time/n the issue on January 23rd, 2004 Affiant thrther says that the said Naples Daily News is a newspaper published at Naple~, in said Collier CounLy, Flor/da, and that the said newspaper has heretotbre been continuously published in said Collier County, Flor/da; distributed in Collier and Lee counties ofF/or/da, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida. for a per/od of 1 year next preceding the first publication of the attached copy of adven/sement: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose ofsecur/ng this advertisement for publication in the said newspaper. ( Sigfiatu~ Sworn to and subscribed before me This 26th day of January ,2004 ; ::. ,7':'3',2!-': U/V 24, 2007 ' ,/",,~;~." @ONDED/HI?U TJ~Oy FAiN INSU~ANCE, INC .. NOTICE OF LAND D VELOPMENT CODE CHANGE AND PROPOSED ORDINANCE: Notice is hereby given that on THURSDAY. JANUARY 29. 200~,, at 2:00 RM.~ in the Board of County CommisSioners Meeting Room, 3rd Fl( Harmon Turner Building "F', Collier Cour~ Government Center, 3301 Tamiami Trail, Naples, Florida, the Board of County Comm~smoners ro to t.a.k.e under advisement amendments t~ the Collier County Land Develonment C,,,~,, ,~-,, .......... ' ' , p po ' ,. ,,uo ~u,Hy Lu me assa as ,Ol,OWS~ E · t~ '~ '~ ''~'' ~ P ge o, .an uralnance, the title of whic MENDING ORDINiI~NCE NUMBER 91-i02, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE W LN_C_LU_D_E_S_T_HE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA ............ HICH ' ur' ~,ULLII=H COUNT~, FLORIDA BY PROVIDING ~-UH. ~BECTION ONE, RECITALS; ,.~CTION 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' U-'~S, DIMENSIONAL STANDARDS, INCLUDING REVISIONS TO THE RURAL AGRICULTURAL DISTRICT, ADDING THE RURAL FRINGE MI)~E~D USE DISTRICT, INCLUDING' REVISION TO THE ESTATES DISTRICT, INCLUDING REVISIONS TO THE RESIDENTIAL SINGLE-FAMi~'~;'~STRICT, INCLUDING REVISIONS TO THE RES DENTIAL MULTIPLE FAMILY. 6 DISTRICT. INCL REVISIONS TO THE RESIDENTIAL ~I'I~LTIPLE-FAMILY-12 DISTRICT: INCLUDING =m,,= ......... , _-_'_~._ ' , UDING DISTRICT, INCLUDING REVISIONS lO THE RESIDENTIAL TOURIST DISTRICT, INCLUDING REVISIONS TO THE VILLAGE RESIDENTIAL , n=v,o~J~,~o ~tJ /I-fi= HE~IDENTIAL MULTIPLE-FAMILY-16 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 IMTERMEDIATE 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 TEH 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; DIVISION 2.3, OFF-STREET PARKING AND LOADING, INCLUDING REVISIONS TO PASSENGER VEHICLE PARKING IN CONJUNCTION WITH RESIDENTIAL STRUCTURES, INCLUDING REVISIONS TO OFF-STREET LODAING 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 PROCEDURE,S, INCLUDING REVISIONS TO PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, INCLUDING REVISIONS TO CONDITIONAL USE PROCEDURES; ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.2, SUBDIVISIONS, INCLUDING REVISIONS TO APPLICABILITY SURD VISION 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 DEVELOPMEN'~ PLAN REVIEW (SDP) PROCEDURES; DIVISION 3.5 EXCAVATION, INCLUDING REVISIONS TO LITTORAL SHELF PLANING AREA AND EXCAV [TION REVIEW PROCEDURES; DIVISION 3.8, INCLUDING REVISIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLtJ )lNG REVISIONS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION; DIVISION 3.11, INCLUDING REVISIONS TO ENDANG RED, THREATENED OR LISTED SPECIES PROTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUDING REVISIONS TO DEVEL~ PMENT STANDARDS AND REGULATIONS; DIVISON 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6 DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISON 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. All interested parties are inVited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department o Zoning and Land Development review, Community Development Services Center, 2800 N. Horseshoe Drive, naples, Florida, between the hours o 8:00 A.M. and 5:00 RM.,Monday through Friday. Final adoption of the ordinance will be considered at the February 11 2004 meeting. If a person decides to appeal any decisi(~n made by the Collier County Board ofiCounty Commsissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, adn for such purpose he may need to ensure that a verbatim record of the proceedings is, made, which record includes the testimony and evidence upon which the alpeal is to be based. BOARD OF COUNTY COMMISSIONERS COLUER COUNW, FLORIDA DWIGHT BROCK, CLERK ' ~.~.J '/: /s/Ann Jennejohn, Deputy Clerk ' ~t ~[~I~ T 4g$ T 46 S 66t.L S 6J' .L of The 1er)4s of the Florich Panther' ton I wildlife- ReCTI January 29th 2004 Honorable Commissioners, We are writing to urge you all to vote for continued support of the County's authority to protect listed species of flora and fauna here in Collier County. The role that counties should be playing in conserving our environment is a crucial piece of the conservation puzzle that is presently missing. The need for regulation of economic, city and county planning and development, law enforcement, fire control, and a myriad of other issues have been dealt with by local county and city government agencies for a long time. County governments have risen to the occasion and play a vital role in all of these kinds of processes. Lawmakers and citizens alike realized many years ago the importance of local government and the role that it MUST play in ALL the issues that affect the Life, Liberty, and Pursuit of happiness of its citizens. Therefore, we must recognize that our local governments past lack of involvement with regulating the protection of its' environment is a problem that we can and must make right. We have already begun and can continue to set a shining example here in Collier County. An example that proves to everyone the crucially important role that all local governments, in every state, should be playing in the conservation and protection of their precious environmental resources. Sincerely, ./41I1 Jeffrey A Carter Conservation Advocacy Committee Chair Friends ofthe Florida Panther National Wildlife Refuge 7O m o c' m N it c 73 � � mN o _A m 06 a ONn r r- a,OZ rot m 3 mn� G? k co in 0 G.4. m O O 0 7O --k111 0 00 - 0 rA 3 TA. 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