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Backup Documents 10/13/2004 LDC BCC/LDC MEETING OCTOBER 13, 2004 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Nonnallegal Advertisement Other: (Display Adv., location, etc.) XXX ********************************************************************************************************* Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Russell Webb Petition No. (If none, give brief description): LDC Amendments - LDC-2004-Cycle II ~ LJ Date: 9/22/04 Petitioner: (Name & Address): Russell Webb Principal Planner, Zoning and Land Development Review, 2800 N. Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC --X.. BZA Other Requested Hearing date: 10/13/04 Based on advertisement appearing L days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other D Legally Required Proposed Text: (Include lel!al description & common location & Size): See Attached Ad and Map Does Petition Fee include advertising cost? XX 113-138312-649110 Reviewed by: k~~ þivision Head Yes D No If Yes, what account should be charged for advertising costs: Approved by: 1 þd-./Ot( Date I County Manager Date 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 any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D 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: q ·t'f·O 'f Date of Public hearing: D -/3 . () '-I Date Advertised: ¡D-5 -D~ r . COLLIER COUNTY GOVERNMEN'T Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive · Naples, Florida 34104 Department of Zoning and Land Development Review September 30,2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice, for a Display, Y4 page, with map attached, Legal Notice in your edition of October 5, 2004, and furnish proof of publication of each advertisement to the Collier County Development Services Building, Department of Zoning and Land Development Review, 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. October 13, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on October 13, 2004, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.03 INDUSTRIAL ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE c I ~ c-l.... c" ~ .v Phone (239)403-2400 Fax (239) 643-6968 or (239) 213-2913 www.colliergov.net PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA (LSPA); CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION- MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES (EAC); CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. Final Adoption of the ordinance will be considered at a second public hearing on November 10, 2004. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia L. Morgan, Deputy Clerk October 13, 2004 LDC BCC 7 day Ad -2- LCf}lJ1 Desc.riptk:Jn' ALL THA r PAtH ()F THE HOIeTH 501.4'1.3 ~r or rH~ ~5rAIJU5H£[) sotJTH HALf" C5 1/'2.) or T11t: 5CJl.1n1 HALl" CS 1/2J or sr.-v rJOf( ". TO'IIN!rHr ~1 SOUT"H. WfÇ£ Zf; rA$T.' C-OLL~ cou-rrr. nOfelJ)Á J.,..,.,U; rAsro::..r ()f" STAr~ ROAJ) 'l51 AM) WE5Tæ..r or rH!' CI!NT£JeLN! Of A C~rY IJIeMlAGé EA5et-fNT AS [)£:3JCIil1IJff) fJY tt5TRtif"f£NT ReCOR[)ED II QFfiClAL R£c;O!?O fJOOtr TG. AT PAGE 127. or THt: P./BUC ~COfW6 01' CO~ COI.AIri. fLOR,C?A. $UJ.Lc;T To eAS01ENTS.~t!sr~crtONs AN/) ~5~~YA íION5 Of" ~EC;OteO. Holiday Manor Cooperative, Inc. NUA-2002-AR-2995 Exhibit A September 27, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: LDC AMENDMENTS - LDC-2004-02-CYCLE II-(7 DAY) Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Tuesday, October 5, 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. Please furnish proof of publication of each advertisement to the Collier County Development Service Building, Department of Zoning and Land Development Review, 2800 N. Horseshoe Drive, Naples, Florida 34104, Attention: Cecila Martin and please send Duplicate Original to Patrick G. White, Esquire, ACA, Collier County Attorneys Office, 2800 North Horseshoe Drive, Naples, Florida, 34104. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O./Account # 113-138312-649110 October 13, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE Notice is hereby given that on October 13, 2004, at 5:05 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 Couunty Land Development Code, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, 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: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.08.01 ABBREVIATIONS, INCLUDING SEC. 1.08.02 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.03 INDUSTRIAL ZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING DISTRICT, ADDING SEC. 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY BONUS, ADDING SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS MONITORING PROGRAM, ADDING SEC. 2.06.06 VIOLATIONS AND ENFORCEMENT; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.05.10 LITTORAL SHELF PLANTING AREA {LSPA}; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SEC. 4.05.02 DESIGN STANDARDS, SEC. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFER REQUIREMENTS, SEC. 4.06.03 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTECTION, SEC. 4.06.05 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.03.04 DUMPSTERS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITES REQUIREMENTS, INCLUDING SEC. 6.01.01 UTILITIES REQUIRED TO BE INSTALLED UNDERGROUND; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.06.03 POWERS AND DUTIES {EAC}; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLY; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.04 SUMITTAL REQUIREMENTS FOR PLATS, SEC. 10.02.05 SUBMITTAL REQUIREMENTS FOR IMPROVEMENTS PLANS, SEC. 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SEC. 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVAATION BOARD; APPENDIX A - STANDARD LEGAL DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FINAL SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEV EN, EFFECTIVE DATES. Final Adoption of the ordinance will be considered at a second public hearing on November 10, 2004. All interested parties are invited to appear and be heard. Copies of the proposed Ordinance are available for public inspection in the Zoning and Land Development Review Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Linda A. Houtzer, Deputy Clerk October 13, 2004 LDC BCC 7 day Ad >_.~---""-'"'~" - « __ aurTf Þ« r:aMI'T 0 ..: CICWDI ccuny c:::u.ø CICIUIIn . ::r ~ 0 ... 0 -.J l..L- >- 1- eo; Z ...: ::> II: 0 " S U w :ï .... < 2 u 11'1 ~ W '::J ,. . -.J 0 . III U ri iii l: l: I I :z 0 · If ~ I .. a ~ I: ~ ~ .. .. i ~ ;: .. 1St Y$ .. . III ,¿ u 2 . 5 - ~ .. : ri ~ .,¡ i : .. ri U 8 ; 8 b S ~ a b i ~ ,; " UP Fax 1230 Log for Minutes & Records 2397748408 Sep 272004 4:21PM Last Transacûon ~ I.i.tne ~ Identification Duration ~ Result Sep 27 4:20PM Fax Sent 92634703 0:34 2 OK ,,,,,",-,,...-...--,>< ~"__~'4~_,__~_ .£índã .ßl. Ylóutzer from: Sent: 7Ó: Suo/eet: .£índã .ßl. Ylóutzer Mondã~ St!Ptemlier 2?; 2004 4-"18 PM Pam Perrefl/I"-maíf} £VC .ßlmentÍments £VC Cyctë II Good Afternoon, Please advertise the attached notice on Tuesday, October 5, 2004. The map is being faxed. ~ ~ LDCAmendments LDC Amendments LDC 2004-Cycle I.., LDC Cycle Il.do.., If you have any questions, please call 774-8411. Thank you, Linda Minutes and Records 1 ,----,.,,~-~-.-.. £índã ..;;1. .:JIòutzer from: Sent: 7ó: Suo/ect: þostmaster@cfêrfi.comerfLus Mondã~ S'!jJtemlier 2~ 2004 4-78 PM £índã ..;;1. .:JIòutzer :Delivery Status :Nôt!ficatíon (:Jœfãy) IS':"~ ~ rl:~:--:?I.--.··) L::J A TT689076,txt LOC Amendments LOC Cycle II This lS 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. paperrell@naplesnews.com 1 _.m"m'~····, ._.".~____..... ---_.,'_.._..._._~,".~..~_._,._..- £índã A. :JIòutzer from: Sent: 7ó: Suo/eet· System Admínístrator !þostmaster@nqpíésnews.com] Mondã}þ S'!jJtemlJer 2?; 2004 4:JO :PM £índã A. :JIòutzer :Detìvered: £:DC Amendments £:DC cycíé II r~W:·:I.·...·.·.·.W... .... c L:j LDC Amendments LDC Cycle II «LDC Amendments LDC Cycle II» Your message To: Pam Perrell (E-mail) Subject: LDC Amendments LDC Cycle II Sent: Man, 27 Sep 2004 16:17:30 -0400 was delivered to the following recipient(s): Perrell, Pamela on Man, 27 Sep 2004 16:09:49 -0400 1 .£índã.ß1. :J-/òutzer from: Sent: 7Ó: Suo/eet· yostmaster@efêrfi.comerfCus Mondã}þ StyJtemfier 2,0 20043:24 PM .£índã .ß1. :J-/òutzer vetlvery Status .:Nòt!ficatíon (:Jœfãy) .."~'""""" ~. " " II 1= ,- 1= ATT688169,txt f~~'~~l.·. "'-. -. L:j Holiday Manor Cooperative 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 1 .£ índã .A. :J-Ióutz er from: Sent: 7ó: Suo/eet· System .Admínístrator lPostmaster@nqp/êsnews. com) Mondã~ StgJtemlier 2,0 2004 4-"13 PM .£índã .A. :J-Ióutzer Velivered: fW.' .£VC .Amendments .£VC Cyc/ê II r;~~I· -...~....'.-. ..... U FW: LDC mdments LDC Cycll «FW: LDC Amendments LDC Cycle II» Your message To: Legals (E-mail) Subject: FW: LDC Amendments LDC Cycle II Sent: Man, 27 Sep 2004 16:20:55 -0400 was delivered to the following recipient(s): legals on Man, 27 Sep 2004 16:13:24 -0400 1 FAX TO: Pam Perrell LOCATION: Naples Daily News FAX NO: (239) 263-4703 COMMENTS: Please advertise the display notice as indicated on my e-mail. This is the map to accompany the ad. (LDC Amendments LDC Cycle II) Thank you! FROM: LOCATION: Linda A. Houtzer COllIER COUNTY COURTHOUSE FAX NO: (941) 774-8408 PHONE NO: (941) 774-8406 DATE SENT: Monday, September 27,2004 TIME SENT: 4:10:02 PM # OF PAGES: 2 ~__"_~__>..,__,". _~'~~'''~~''__A_____~_'_'"_________'''''_"~'.'~. "-._- FW: LDC Amendments LDC Cycle II Page I of2 Linda A. Houtzer -~,-----------.-,-~=~-..,--,---,~~,.,----<-<--<~,¥._._---.;~_._--~,--""""--~-~-------~-<~~~---~------~ From: Triano, Juanita [jltriano@naplesnews.com] Sent: Monday, September 27,20044:17 PM To: Linda A. Houtzer Subject: RE: LDC Amendments LDC Cycle II Thank you for using the Naples Daily News, Your Legal Has Been Received and Will Be Scheduled According to your instructions. Any questions please call 239-263-4700 and ask for the legal department or you can reply to this email and I will be glad to assist you in any way that I can. Sincerely, Juanita Triano 239-263-4721 Juanita L. Triano email: jItriano@naplesnews.com Call 239-263-4721 Direct or 1-888-262-3161 ext. 4721 Toll Free 239-263-4703 FAX Line Want more for your advertising dollar try using bold print or an eye catching attractor! Or be daring use a photo of yourself in your advertisements, this will make you well known around town! JUST ASK ME HOW!! -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@clerk.collierJl.us] Sent: Monday, September 27, 20044:21 PM To: Legals (E-mail) Subject: FW: LDC Amendments LDC Cycle II 9/27/2004 "--..- FW: LDC Amendments LDC Cycle II Page 2 of2 mnOriginal Message--m From: Linda A. Houtzer Sent: Monday, September 27, 2004 4: 18 PM To: Pam Perrell (E-mail) Subject: LDC Amendments LDC Cycle II Good Afternoon, Please advertise the attached notice on Tuesday, October 5, 2004. The map 1S being faxed. «LOCAmendments LOC 2004-Cycle Il.doc» «LOC Amendments LOC Cycle Il.doc» If you have any questions, please call 774-8411. Thank you, Linda Minutes and Records 9/27/2004 1-:.----- NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, 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 Collier C?unty, Florida; distributed in Collier and Lee counties of Flonda; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of Public Notice as published in said newspaper 1 time(s) in the issue on October 5th, 2004 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FIOlida, an~ that the sa,ld newspaper has heretofore been continuously publish~ III ~Id CollIer County, F10lida; distributed in Collier and Lee counties ot Flonda, each day and has been entered as second classlllml matter at the post office in Naples, in said Collier County, Flonda, for a penod of I year next preceding the first publication of the attached copy of advertisement· and affiant further says that he has neIther paid nor promised an; person. tinn or corporation any discount, rebate, , commission or refund for the purpose of securing this advertIsement tor publication in the said newspaper. /3. -1 ( Signatu/e of affiant) Sworn to and subscribed before me This 12'h October ,2004 ,~~ (Signature of notary public) ,,\~~.~:W:'II, Harriett Bushong t:1'.'·è~~ MYCCMMISS~CN# DD234689 EXPiRES ~'''>".;':;r~.,~'~i..: JUly 24, 2007 ·"1.1/:·;~~:..~~,"'" 30NDF.rl (,'-Ipu TP0Y FAIN INS! I~ANCE_ IN( "i,!,,,,, !k¿/ L'DC /CI13k..'.(1 PUBLIC NbriCR'''i ,.¿, 'ÞÛBLIC NOTICE PUBLIC NOTICE Ci): "ICC~J'~=- (j NOTICE ÓFLANIt DEVQ.UPMENT'CbDE CHANGE Notice Ie IMnby QIWIt thli øh~ ~3.20ô4, at 5:05~M.,ln the èoårdÒfCôuntY.Comm~~MeetlnQRQQm. 3rd' FIoor,HMnøn TUm..'IkIIr4Irnf,"P'. èäRlèrCØtlrltY<iIovttmmêtìt CénteI; 3301E!istT8f'l!llami 1'i'aft¡ NapJaa,l=\orIda,the board of County Comml"Ií:In~I~td_ul'lderac:lylaern.m amlnclmentdo the COIII..eoull'1ty Land Development Code. thl title of w1'I1~ I!J'~ føIIowJ,:. I" . ' AN ORDINANCE AMeNDING ORDINANCE NUMBER 04-41. AS AMENDED. THE COWER COUNTY LAND DEVElOPMENTCODE. WHICH INCWDES THE COMPREHENSIVE REGULATIONS FORTHEUNINCORPORATED AREA OF COUJER ~NTY, ,Fl,.QRlDA. BY PROVIDING. FOR; ,SECTION ,ONE, . RECITAl:$; SECTION lWO, FINDINGS OFFAC1.\~'rIiÆÉ;~NÓF AMENDMENT$'TO TH~ lAND DeVELOPMENT CODE, MORE SPECI .ìIWENDlNQ1:rHE'FOL.I..OW1NG1 CHAPTER" -GENERAL. PROVISIONs, INCLUDING SEC. 1.08.01 '. .... .', .¡~up,,~ ~Ç.:t.~.Q2 ~INmoNS; O~R 2-ZON~'DlSTRlCTS AND USES, INCLU E. 2.01.03 ESSENTIAL SERVICES, SEC. 2.03.03 INÐuSTAlALZONING DISTRICTS, SEC. 2.03.05 OPEN SPACE ZONING DISTRICTS, SEC. 2.03.07 OVERLAY ZONING DISTRICTS, SEC. 2.03.08 ' EASTERN I.ANÐSIRURAL FRINGE ZONING DISTRICTS, SEC. 2.04.03 TABLE OF LAND USES IN EACH ZONING . DISTRICT. ADDlNq ~., a¡~~~A1'IPf'4~ ~AfFOf!IOMLf¡ .HOUSING J:JI;N$I'tY'. I5ONlIS, AOpING SECTION 2.06.05 AFFö'RØA8. ". LE t1UU8/NG DENSITY BO~U$MONITORINß,F'~RAM, ADDlfIIG.Sec. 2!08~06 VIOLATIONS AND. ENFORCE~ CHAPTER 3 - RESOUFlC! ·PROTECî1oN. ·/NCì.ÙDlNG 'SEC. 3.'05.10 UTfoRAL. SHELF PI.ANT1NG AREA (lSPA); CHAPTER 4- SITE DeSIGN AND DEVELOPMENT STANDARDS, INCWDlNGSI,C.....~ptQl.~ttJAL. ST~ FOR PF:UNClPAL:~' IN ;~~ ZONtNQ .DlSTRtÇTS, SEC. 4.05.02 DESIGNSTANDAFIOS, Sl:C. 4.06.01 GENERALLY, SEC. 4.06.02 BUFFEA REQUIREMENTS, SEC. 4.06.03 LANDSOAPINGREOUlAEMeNTS FOR VEHICUlAR USE AREAS AND 'AlGHTS~OF-WAY, SEC. 4.06.04 TREE AND VEGETATION PROTeCTION. SEC. 4;06.98 GENERAL LANDSCAPE REQUIREMENTS, SEC. 4.07.01 UNIFIED CONTROL.; CHAPTER 5 - SUPPLEMENT A., STANDARDS. INCL,UDING SEC. q.03.04 DUMPSTERS. SEC..õ.05.Q8 ARCHITECTURAL. STANDARDS FOR COMMERCIAL BUILDINGS, SEC. 5.06.00 SIGNS; CHAPTER ß - INÞRÄ8:rE!:JCTURE.'MPROVE. MENTSAND ÄÏ>EQum PUBUC FACIUT-ES REQUIREMENTS, INCLUDING SEC. 6.01.01 Q'I'ItmI!8; REQUf8ED TO BE INSTALLED UNDElAGROUND; CHAPTER 8 _ DECISION-MAKING ' AND ADMINISTRATIVE. ~ .IN(¡Ll;IDlNG SEC,e.96.03 POWERS AND DUTIES (EAC); CHAPTER 9 _ VARIATIONS FRé)M ~UIRE~Nrs. INCWDlNG SEC. 9.02.00 DEVELOPMENT WITH VESTED RIGHTS, SEC. 9.03.01 GENERALLV;· ClòlAPf.EA 10'- APPIJCAT/ON, REVlEW,AND DECISION.MAKING PROCEDURES, INCLUDING Sec. 1~.-œ;SUØMlTTAL REQUIREMENTS FOR AU. APPUCATIONS.SEC.1M2.04 SUMITTAL REQUlREMEN~ FOR PI.ÞirS.,)3¡¡C., 10.02.05 SUBMITTAL REQl,jtREMEN:tS FOR IMPROVEMENTS PLANS, SEC. 10.02.08 SUBMmAL R~ENTe FOR PERMITS, SEC. 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEIDURES. SEC. 10.03:05 NOTICE REQÙlREMENTS FOR PUBLIC HeARINGS BEFORE THE Bce, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEAlS, THE EAC. AND THE HISTORIC PRESERVAATlON BOARD; APPENDIX A - STANDARD LEGAl. DOCUMENTS FOR BONDING OF REQUIRED IMPROVEMENTS; APPENDIX C - FiNAl SUBDIVISION PLAT, REQUIRED CERTIFICATIONS AND SUGGESTED ' TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION; APPENDIX H - LDC/UDC COMPARATIVE TABLES; SECTION FOUf!. R:PEALER; SEiQTION FIVE. CONFLICT AND SEVERAaIUTY; SECTION SIX, PUBLICATION AS THE COWER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEV EN. EFFECTIVE DATES. Final Adoption of the ordinance WIll be considered at a second public hearing on November 10, 2004. All Intereated partieS arelnYlted to appear and be heard. Copies of the proposed Ordinance are available for public Inspection In the Zoning and Land Development Review Section, Community Development Services Center, 2800 N. Horseshoe Drive, Napl.., Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. If a person decides to ap~'anY ~1sIon made by the ColUer County Board of County Commissioners with respect to any matt.. considered ,at suç~ ~".'! .CII'¡hl8!1ng,he WIU /lfled a record of the ~inQe, ~~ auchpurpose he may need to ensure thet a YeÏ'bátlinI'8COrd òfthé proêéedlngsls made. Which record Inèludes the teSt1monyand evidence upon which the appeal Is to be baaed. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA DONNA FIALA. CRÄIAMAN ~- DWIGHT E. BROCK, CLERK By:/slUnda A. Houtzer, Deputy Clerk ......~1 COWER COUNTY FLORIDA ., - II II I., II ,,;-.;,. .- ';.>,1..,:. ,. October 5 2004 Cotr County TO: Board of County Commissioners FROM: Russell Webb, Principal Planner DATE: October 7, 2004 SUBJECT: Land Development Code Amendments For 2004 Cycle 2 The BCC meeting will take place Wednesday, October 13th in the BCC Meeting Room, Admin. Building, County Government Center, 5:05 P.M. Enclosed are the proposed Amendments to the 2004-Cycle 2 Land Development Code that will be reviewed at this meeting. Please note the references to both the old LDC sections and the UDC sections in the majority of the Amendment requests. Also, we have divided the summary sheet and associated packet into subject matter by lettered tabs. We hope that this will provide an easier document to use at the meeting. If you have any questions please call me at 403-2322. PLANNING SERVICES DEPARTMENT - ~~ c cz¡ ~~ c cz¡ ~ê' c rn"'t~ C cz¡ <=> I'D (II I'D (II I'D ~&;'~ I'D (II Õ < '" ::I (") < '" ::I (") < '" ::I ::I (") -.I . '" e. ::t. . '" e. ::t. . 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U CP -< CP - o "0 S CP :::s ........ n o 0.. CP :> S CP :::s 0.. S CP :::s ........ Vl I n ~ n ~ ~ N CIJ $:: § ~ ~ CIJ ::r' CP CP ........ ORIGIN: Community Development and Environmental Services AUTHOR: Russell WebbIDavid Weeks DEPARTMENT: Zoning and Land Development Review/Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 6:18 LDCfUDC SECTION: old LDC Division 6.3 - Definitions and UDC section 1.08.02 LDC SUPPLEMENT #: Supplement 16 CHANGE: Revising the definition of "density, residential." REASON: The definition does not currently comport with Section 2.03.06 of the Code dealing with development standards in a PUD (Planned Unit Development). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: Version created on 6/22/04 at 4:32 p.m. Amend the LDCfUDC as follows: Section 1.08.02 [DIVISION 6.3.] DEFINITIONS density, residential: The number of residential dwelling units pennitted per gross acre of land allowed under the Comprehensive Plan's Density Rating System subject to limitations of the corresponding zoning district detennined by dividing the development's total number of dwelling units by the total area of residential land within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses. ef industrial uses. or a use that has a residential eQuivalencv, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. ® ~*~'___M_"'~_ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6 LDC/UDC SECTION: old LDC Division 6.3 and new LDC/UDC 1.08.02 LDC SUPPLEMENT #: Supplement 18 CHANGE: Removing the language dealing with alteration of existing grade. REASON: Building height is now measured from FEMA flood elevation and not grade and therefore this is no longer necessary. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Version created on 6/15/04 at 5:18 p.m. DSAC requested that the reason for the change be more clearly stated. Amend the LDCIUDC as follows: 1.08.02 Definitions Building, Zoned height of The vertical distance ftom the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to ga.in building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured ftom such required minimum floor elevations. (See section 4.02.01, Exclusions from height limits, and off-street parking within abuilding.) Required minimum floor elevations shall be in conformance with the Collier County Administrative Construction Code (see County adopted FBC Section 104.2.1.2. cV Additional Requirements, 8., as set forth in Code of Laws § 22-26) and, if necessary, FDEP requirements for minimum habitable, first-floor structural support. Rooftop recreational space and accessory facilities are also ex~inpted from the limitations established for measuring the height of buildings. See Figure 3. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6 LDC/UDC SECTION: old LDC Division 6.3 and new LDCIUDC 1.08.02 LDC SUPPLEMENT #: N/A CHANGE: Adding a few definitions based on the rewrite of the sign code also in this Cycle. REASON: The revisions to the sign code necessitate these additional definitions. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 8/05/04 at 1:18 p.m. DSAC recommended that the word "and" be changed to "or" after financial institutions in the definition of construction sign. Also, recommended that there be a clearer distinction between a pole and a ground sign. Amend the LDC/UDC as follows: 1.08.02 Definitions Construction sirm means a sign. erected at a building site that displays the name of the proiect and identifies the owner. architect. engineer. general contractor. financial institutions or other firms involved with the design. or construction of the project. . o Ground sÙm means a sign, 8 ft in height or lower which is independent of support from any building. that is mounted on freestanding poles or other supports. and shall include a pole cover that is between 50 percent and 100 percent of the overall sign width. Pole sif!n means a sign. 8 or more ft in height which is independent of support from any building, that is mounted on freestanding poles or other supports, and shall include a pole cover that is between 50 percent and 100 percent of the overall sign width. Holidav decoration. An ornate embellishment placed specifically for the purpose of celebrating a specific holiday. holiday event or holiday season. Pennant. A piece of fabric or material which tapers to a point or swallow tail. which is attached to a string or wire. either simrularly or in series. Pro;ect Identification Sif!11. Shall mean a directional sign which provides identification or recognition of a development only, individual tenants or outparcels are not permitted to use this type of signage. Ð LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A LDCIUDC SECTION: old LDC Division 6.3. and UDC section 1.08.02 - Definitions LDC SUPPLEMENT #: N/A CHANGE: Revising the definition for COA's and adequate public facilities issues. REASON: The COA and road impact fee portions of the adequate public facilities provisions mandate a differentiation ttom all of the others. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: section 6.02.00 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on 8/23/04 at 2:38 p.m. Amend the UDC [LDC] as follows: Final local development order: Any valid, unexpired building pennit issued by the county. As to the provisions in Sections 6.02.00 and 10.02.07. respectively. pertaining to COA's and adequate public facilities only. a final/ocal development order is a final subdivision plat. a final approved site development plan. or building pennit or mobile home tie-down pennit issued by the county. (£) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6: LDCIUDC SECTION: old LDC Division 6.3. and UDC section 1.08.02 - DefInitions LDC SUPPLEMENT #: Supplement 17 CHANGE: Re-inserting the defInition of destination resort hotel. REASON: This was deleted in the LDC recodifIcation. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Section 4.02.00. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on August 23,2004 at 3:10 p.m. Amend the UDC [LDC] as follows: 1.08.02 Definitions Destination resort hotel: A transient lodgin~ facility (i.e. - less than six months occupancy) where patrons generally stay for several days in order to utilize. enioy. or otherwise participate in certain amenities. natural or man-made. including but not limited to: (i) direct access to the Gulf of Mexico. (ii) on-site golf course and golf-related facilities. (iii) health spa and/or fItness center. (iv) other recreational amenities and on-site services. including full dining services and cocktail lounge. entertainment rooms for video and movies. and concierge services. Except that. for destination resort hotels fronting on the Gulf of Mexico. an on-site golf course is not required. In all cases. a destination resort hotel must include full dining services and a cocktail lounge. and not less than 25 percent of the grOSS floor area must be devoted to common usage and support o service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities, and spaces in support of hotel functions. ® ORIGIN: Community Development & Environmental Services Division AUTHOR: Carolina Valera, Urban Design Planner, Architectural Standards Review Committee DEPARTMENT: Zoning and Land Development Review LDC PAGE (S): LDC2:264-313 LDC SECTION: old LDC Division 2.8. Architectural and Site Design Standards and UDC 5.05.08. CHANGE: This is comprehensive rewrite of the entire Division/Section. REASON: This is the first comprehensive review of this Division/Section, since its adoption in 1996. Changes include: reorganization, to make it more user- friendly, including transferring regulations related to landscaping, parking, and fencing to the appropriate sections of the LDC; providing for more flexibility in implementing the standards by expanding application of the administrative approval of deviations from specific standards; adding new standards in place of requirements that proved to be ineffective in achieving stated purpose and intent of the standards; adding new standards to respond to new development pressures that result in taller buildings and multi-story garages; proposing separate standards for specific building types; and house keeping changes to clarify existing language, and eliminate discrepancies. FISCAL & OPERL\TIONAL IMPACTS: Unable to be determined. RELATED CODES OR REGULATIONS: old LDC Section 2.3.4. and UDe 4.05.04- Off-street vehicular facilities: design standards, old LDC Division 2.4. and UDC 4.06.00 and Ch. 10 - Landscaping and Buffering, old LDC Section 2.6.11. and UDC 5.03.02 - Fences, old LDC Section 2.6.15. and UDe 5.03.04 - Solid waste disposal. Old LDC Division 6.3. and UDC section 1.08.02 - Definitions. GROWTH MANAGEMENT PLAN IMPACT: This amendment will not have an impact on the Growth Management Plan. ® 1/ ./ OTHER NOTES: This amendment is proposed to replace the current architectural design standards Division/Section and therefore the current LDC language is not included herein with the usual strikethroughs. This would· be unnecessarily cumbersome. Also, all of the cross- references throughout the Code to specific sections within the Architectural standards will have to be modified to comport with this rewrite. Amend the UDC as follows: SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS TABLE OF CONTENTS: A. Purpose and intent. B. Applicabilitv. 1. Zoninf,! districts. 2. Non-residential buildim!s. 3. New buildinf!s and Droiects. 4. Renovations and redeveloDment. 5. Abandonment or discontinuance of use:. C. Buildin1! desÏlw standards. 1. Buildinf! Facades. 2. Primarv facade standards. 3. Facade/wall heÍf!ht transition. 4. Variation in massinf!. 5. Proiect standards. 6. Window standards. 7. Overhead doors. 8. Detail features. 9. OutDarcels and freestandinf! buildinf!s within unified vlan ofdevelovment. 10. Roof treatments. 11. A wninf! standards. 12. EntrVH.!avs/customer entrance treatments. 13. .Materials and colors. D. Desi1!n standards for specific buildin1! uses. 1. Standardhed vrototvDe buildÙlf!S. r;c,~\ ~/ 2. Self-storaJ!e buildin!!s. 3. lWercantile. 4. Automobile service stations. 5. Hotel/motel. 6. Warehousin!!/distribution. 7. lndustriallfactorv buildinJ!s. 8. Parkin!! structures. 9. Outside plav structures. E. Site Desien standards. 1. Off street parkinJ! desiJ!n. 2. Pedestrian pathwavs. 3. Service function areas and facilities. 4. Fencin!! standards. 5. Drive-throu!!h windows standards. 6. Li!!htin!!. 7. Water manaJ!ement areas. F. Deviations and Alternate Compliance. G. Exceptions. SECTION 5.05.08. ARCHITECTURAL AND SITE DESIGN STANDARDS A. Purpose and Intent. 1. The purpose of these standards is to supplement existing development criteria in order to complement, enhance and enrich the urban fabric of Collier County with an abundant variety of Architecture. The development of a positive, progressive and attractive communitv image and sense of place is vital to the economic health and vitalitv of Collier County. 2. Among the recurring details that are present in the architecture of Collier County include, but are not limited to, the following: a. elements of Mediterranean design employing sloped barrel tile roofs, arcades and stucco; ®) r ,...,-'''''. b. Old Florida design with wide verandas. metal roofs and lap siding: c. Modem International: and d. various traditional historic references to Colonial. Bermuda and Island forms. 3. Building design contributes to the uniqueness of the proiect area and the Collier County community with predominant materials. design features, color ranŒe and spatial relationships tailored specifically to the site and its context. 4. While architectural embellishments are not discouraged, emphasis on scale. massing, form-function relationships, and relationship of the building or buildinŒs to the site and surrounding context is stronglv encouraged. Recognition of the environment and climate present in Collier Countv must be evident in the architecture. Gratuitous decoration applied to the building is strongly discouraged, 5. These standards and guidelines are intended to result in a comprehensive plan for building design and site development consistent with the goals. policies and obiectives of the Collier Countv Growth Management Plan ("GMP") and the purpose and intent of the Land Development Code (HLDC"). These regulations are intended to promote the use of crime prevention through site design principals, including visibilitv-site lines for law enforcement as well as the general public. 6. To maintain and enhance the attractiveness of the streetscape and the existing architectural design of the community, all buildings must have architectural features and patterns that provide visual interest from the perspective of the pedestrian, reduce building mass, recognize local character. and respond to site conditions. Facades must be designed to reduce the mass/scale and uniform monolithic appearance of large unadorned walls. Facades must provide. through the use of detail and scale. visual interest that is consistent with the community's identity and character. Articulation is accomplished by varving the building's mass, in height and width, so that it appears to be divided into distinct elements and details. B. Applicability. The provisions of section 5.05.08 applv: 1. To all new buildings and projects propu,;cd submitkd on or after November 10. 2004 in the zoning districts set out below: a. Commercial zoning districts. b. Non-residential PUD districts. and non-residential components of anv PCD district. /~ ,/ I?, \~ ß c. Business park districts. d, Indu.,tn:ll (I) zonl1~:":: distncts when the following conditions are present: I. n:...: project site IS located on an arterial or collector roaci as described b\ the Tr:lftìc Circulation Element of the GMP. or ii. The oroposcd buildin:: is located \y/ithin 300 feet of a residentiall',r zoned district. 2. To non-residential buildings and projects proposed on or after November 10, 2004 in any zoning district. but only when the following conditions exist: a. The project site is located on an arterial or collector road, as described by the Traffic Circulation Element of the GMP, or b. A proposed building's footprint would be located within 300 feet of the boundary of a residentially zoned district. 3. To all renovations and redevelopment. including applicable additions of a building or site, as follows. except that "renovation" is not intended to apply to routine repairs and maintenance of an existing building: a. Anv addition or renovation of an existing building or project including vehicular use area (i.e. - approved for use and occupancy as of November 10, 2004) that will result in a change to the exterior of the building or site such that in the case of: 1. A building facade renovation where such addition, renovation, or redevelopment exceeds 50 percent of the wall area of an existing facade, that entire facade must comply with the standards of Section 5.05.08. 11. An addition or renovation to, or redevelopment of. an existing building or project, where the cost of such addition, renovation, or redevelopment exceeds 50 percent of the assessed value of the existing structure(s), or would exceed 25 percent of the square footage of the grOSS area of the existing structures. the existing building(s) and the site improvements must conform with the standards of Section 5.05.08. iii. Upon repainting an existing building, the colors to be applied must comply with Section 5.05.08 0.13. Materials and colors. 5. Abandonment or discontinuance of use. ~ 7 a. Buildings or projects that are abandoned (i.e. - their existing use ceases) are subiect to this Section notwithstanding Section 9.03,02 F.: 1. Where the use of a structure, building or project ceases for anv reason. except where government action impedes access to the. premises, for a period in excess of one year, the provisions of Section 5.05.08 applv before re-occupancv. Compliance with this Section mav require structural alterations. ii. The site design standards of this Section apply where the use of a structure ceases for anv reason, except where governmental action impedes access to the premises for a period of more than 180 consecutive davs. C. Buildin2 desi2n standards. 1. Building Façades. All facades of a building must be designed with consistent architectural stvle, detail and trim features. a. In case of buildings located on outparcels, and freestanding buildings within a unified plan of development, an exterior facades shan adhere to the requirements of this Section with respect to architectural design treatments for primarv facades. (See Section 5.05,08 C. 9, Outvarcels and Freestandin,? bui/dines within PUD and common ownershiv developments for additional design standards and the administrative deviation process). b. Buildings or projects located at the intersection of two or more arterial or collector roads shall include design features, such as comer towers, comer entrances, or other such features. to emphasize their location as gateways and transition points within the community. 2. Primarv façade standards. a. Sui/dine entrance. Buildings located along a public or private street must be designed with the main entrance clearly defined, and with convenient access from both parking and the street. b. Ground floor. Primary facades on the ground floor must have features along a minimum of 50 percent of their horizontal length. These features include. but are not limited to: arcades: displav windows: entry areas; or other similar design elements. c. Des/en Features, The design of primarv fàcades must include. at a minimum. two of the following design features: (Í~ y 1. Glazing covering a minimum of 30 percent of the primary facade area. consisting of window and glazed door openings. 11. Projected or recessed covered public entry providing a mInImUm horizontal dimension of eight feet and a minimum area of 100 square feet. In addition, a minimum of 20 percent of the primary facade area must be devoted to windows and glazed door openings. iii. Covered walkway, or arcade (excluding canvas tvpe) constructed with columns at least 12 inches wide. attached to the building, or located no more than 12 feet from the building. The structure must be permanent and its design must relate to the principal structure. The minimum width must be eight feet, with a total length measuring 60 percent of the length of the associated facade. IV, Porte-cochere \vith a mmimum horizontal dimension of 18 feet. [n addition. a minimum of 20 percent of the primarv facade area must be (k\oted to windO\vs and glazed door openings. \ ,\ tmver element such as but not limited to a clock or bell tower element. In ~ldditi()n. a minimum of 20 percent of the primarv façade area must be de\oted to windows and ~lazed door openinŒs, 3. Facade/wall height transition elements. a, Purvose. The intent of this section is to ensure that the proposed buildings relate in mass and scale to the immediate streetscape and the adjacent built environment. b. Av[)/icabilitv. Transitional massing elements must be provided on proposed buildings that are twice the height or more of any existing building within 150 feet, as measured from the edge of the proposed building. c. DesÌfzn standards, I. Transitional massing elements can be no more than 100 percent taller than the average height of the adjacent buildings, but no more than 30 feet, and no less than ten feet above the existing grade. 11. Transitional massing elements must be incorporated for a minimum of 60% of the length of the facade. which is in part or whole within the 150 feet of an existing building. Ill. Transitional massing elements include, but are not limited to. wall plane changes, roofs. canopies. colonnades, balconies, other similar architectural ® / features, with the minimum depth for projections and recesses relative to the building size, and must meet the following requirements: a) For buildings 40,000 square feet or laqrer in gross building area. projections and recesses must have a minimum depth of ten feet. b) For buildings between 20,000 and 39,999 square feet in gross buildini2; area, projections and recesses must have a minimum depth of eight feet. c) For buildings between 10,000 and 19,999 square feet in gross building area, projections and recesses must have a minimum depth of six feet. d) For buildings up to 9,999 square feet in gross building area. projections and recesses must have a minimum depth of four feet. 4. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. a. Proiections and recesses. 1. For buildings 40,000 square feet or larger in gross building area. a maximum length, or uninterrupted curve of any facade. at anv point. must be 150 linear feet. Proiections and recesses must have a minimum depth of ten feet within 150 linear feet limitation. 11. For buildings between 20,000 and 39,999 square feet in gross building area. a maximum length, or uninterrupted curve of anv facade, at anv point, must be 125 linear feet. Proiections and recesses must have a minimum depth of eight feet within 125 linear feet limitation. Ill. For buildings between 10.000 and 19.999 square feet in gross building area, a maximum length, or uninterrupted curve of any facade. at anv point. must be 100 linear feet. Proiections and recesses must have a minimum depth of six feet within 100 linear tèet limitation, IV. For buildings between 5.000 and 9,999 square feet in gross building area. a maximum length. or uninterrupted curve of anv facade. at anv point. must be 75 linear feet. Proiections and recesses must have a minimum depth of four tèet within 75 linear tèet limitation. ~ v. For buildings less than 5,000 square feet in gross building area, a maximum length, or uninterrupted curve of any façade, at any point, must be 50 linear feet. Proiections and recesses must have a minimum depth of three feet, and a minimum total width of 20 percent of the façade length. rInsert Illustration #1 here.l Illustration 5.05.08 C.4.a. - 1 h. Wall plane chanees, 1. For buildings exceeding 5,000 square feet in gross building area, any façade with horizontal length exceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three feet, with a simde wall plane limited to no more than 60 percent of each affected façade. CfÞ 11. If a building has a proiection or recess of 40 feet or more, each is considered a separate facade, and must meet the above requirements for wall plane changes. flnsert Illustration #2 here. Illustration 5.05.08 C.4.b. - 1 5, Proiect Standards. a. An applicant must submit architectural drawings and a site development plan or site improvement plan according to Section /0,02.03 Site Deve/olJment Plans of'this Code to comply with this Section 5.05.08. This includes: floor plan(s) of each proposed building, all elevations of each proposed building at a minimum of 1/8" scale. a color rendering or elevation. color paint chips. and roof color paint chip(s) or sample, ~ b. Architectural drawings must be signed and sealed by the licensed Architect who is responsible for preparing the drawings, and who is registered in the state of Florida as ,set forth in Chapter 481, of the Florida Statutes. c. Building desifm treatments. Each façade of a building must have at least four of the following building design treatments: 1. Canopies, porticos, or porte-cocheres, integrated with the building's massing and style, II. Overhangs, minimum of three feet, 111. Colonnades or arcades, a minimum of eight feet clear in width, IV. Sculptured artwork, v. Cornice minimum two feet high with 12 inch projection, vi. Peaked or curved roof fonns, vii, Arches with a minimum 12-inch recess depth, viii, Displav windows, IX. Ornamental and structural architectural details, other than cornices, which are integrated into the building structure and overall design, x. Clock or bell tower, or other such roof treatment (i.e. donners, belvederes, and cupolas), Xl. Projected and covered entry, with minimum dimension of eight feet and the minimum area of 100 square feet, xii, Emphasized building base, minimum of three feet high, with a minimum proiection from the wall of two inches, XliI. Additional roof articulation above the minimum standards, XIV. Curved walls, Xv. Columns, xvi. Pilasters, or XVII. Metal or tile roof material. qp XVlll. Expressed or exposed structural elements. XIX. Additional glazing at a minimum of 15% beyond the code minimum requirement. xx. Solar shading devises (excluding awnings) that cover a minimum of 50% of the building facade. XXI. Translucent glazing at a minimum of ¡ 5° 0 beyond the code minimum glazing requirement. XXII. Glass block at a mlllimulTI of lsolo be\ond the code minimum gbzinu requirement. d. Site design elements. All projects must have at a mInImUm two of the following: 1. Decorative landscape planters or planting areas, a minimum of five feet wide, and areas for shaded seating consisting of a minimum of 100 square feet; 11. Integration of specialty pavers, or stamped concrete along the building perimeter walkway. This treatment must constitute a minimum of 60 percent of walkway area; 111. Water elements, a minimum of 100 square feet in area; or IV. Two accent or specimen trees. above the mInImUm landscape code requirements. for everv 100 feet of the front facade and a minimum of two for the rest of the project with a minimum height of 18 feet at planting. v. Site sculptures. 6. Window standards. Windows must not be false or applied. Spandrel panels in curtain wall assembly are allowed but may not be included in the minimum glazing required for primary façade. 7. Overhead doors. a. Required screening. Overhead doors must not be located on the primarv facades. unless sufficient screening is proposed. Sufficient screening is defined as a screening wall. with a minimum height of 90 percent of the ~ overhead door height, or a landscape buffer achieving 75 percent opacity within one year. The placement and the length of these screening devices must block the view of the overhead doors from the street. b. Doors facinz one another. Overhead doors facing one another may be treated as interior space, provided that: i. the buildings meet all other requirements of Section 5.05.08. of this code, 11. the distance between the doors facing one another is no greater than 50 feet; and 111. the view of the overhead doors is properly screened from the street. 8. Detail features. a. The design elements in the following standards must be an integral part of the building's design and integrated into the overall architectural style. These elements must not consist solely of applied graphics or paint. b. Blank wall areas. Blank, opaque wall areas must not exceed ten feet in vertical direction or 20 feet in the horizontal direction of any primary facade. For facades connected to a primary facade this applies to a minimum of 33 percent of the attached facades. Control and expansion ioints are considered blank wall area unless used as a decorative pattern and spaced at intervals of six feet 120 'iquare feet per panel or less. The depth of the relief and reveal work must be a minimum of 1/2 inch, and a minimum width of 1-1;2 inch and may be of a color that contrasts \vith the color of the wall. 9. Outparcels and freestanding buildings within a PUD and common ownership developments. a. Purpose and intent. To provide unified architectural design and site planning for all on-site structures, and to provide for safe and convenient vehicular and pedestrian access and movement within the site. b. Prim an' facades. All exterior facades of freestanding structures, including structures located on outparcels, are considered primary facades, and must meet the requirements of this Section with respect to the architectural design treatment for primary facades - Section 5.05.08 C2. Primary façade standard'ì. c. DesÍf!n standards. The design for freestanding buildings must employ architectural, site and landscaping design elements' integrated with, and common to those used on the primary structure and its site. These common design elements must include colors, building materials, and landscaping 9> associated with the main structure. All freestanding buildings must provide for vehicular and pedestrian inter-connection between adiacent outparcels or freestanding sites and the primarv structure. d. Primarv façade standards. The following design features are in addition to the list of requirement options to meet Section 5.05.08 C.2. Primary façade standards: 11. Walls expanding the design features of the building, not less than 7 feet high, creating a courtyard not less than 12 feet from the building and length of no less than 60% of the length of the associated façade. The courtyard HH±5-t may be gated and able to be secured from exterior public access. Grilled openings are allowed if courtyard is landscaped. Opening depths or wall terminations must be a minimum of 12 inches deep. If the courtyard contains service or utility equipment, the height and design must prevent view from the exterior. Courtyard walls are not to be considered fences. Ill. Trellis or latticework used as a support for climbing plants may count as window area equal to the plant coverage area. e. Deviations/alternative comvliance. Upon request, the County Manager or his designee may administratively approve specific deviations from the requirements of Section 5.05,08 C.2. Primarv façade standards, for those facades of a freestanding building not facing a public street. but considered primary facades. Requested deviations are limited to the following: i. Location of service door. ii. Location of trash enclosure, Ill. Requirement for minimum glazing area, lV. Requirement for covered or recessed public entrv, or v. Requirement for covered walkway. f. See Section 5,05.08 F. Deviations for submittal requirements and the approval process for requested deviations. 10. Roof treatments. a. Purvose and intent. Variations in rooflines are used to add interest and reduce massing of large buildings. Roof height and features must be in scale with the ~ building's mass, and shall complement the character of surrounding buildings and neighborhoods. Roofing materials must be constructed of durable, high- quality material in order to enhance the appearance and attractiveness of the community. The following standards identify appropriate roof treatments and features. b. Roof edge and parapet treatment. 1. For buildings larger then 5.000 square feet in grOSS building area a minimum of two roof-edge or parapet line changes are required. Each vertical change from the dominant roof condition must be a minimum of ten percent of building height. but no less than three feet. At least one such change must be located on a primary facade. One additional roof change must be provided for every 100 linear feet of the facade length. 11. Roofs, other than mansard roofs. with the slope ratio of 3: 12 or higher are exempt from the above requirements for vertical change for the facades that are less than 200 feet. One roof edge. or parapet line change must be provided for every 200 linear feet of the facade length. c. Roof Design standards. Roofs must meet the following requirements: 1. When parapets are used. the average height of such parapets must not exceed 15 percent of the height of the supporting walL with exception of the parapets used to screen mechanical equipment. Parapets used to screen mechanical equipment must be no less than the maximum height of the equipment. The height of parapets shall not. at any point. exceed one-third the height of the supporting wall. 11. When a flat roof is screened with a parapet wall or mansard roof at any facade, a parapet or mansard roof treatment must extend along the remainin~ facades. Ill. \Vhere oYerh~:n~in:; eœ;es arc used, overhan¡:;s must be no less than three feet beyond the supportin~ walls unless a band or cornice is provided. Where o\'Crhan¡:;s are 1e~~s than two feet. ü band or cornice must be pro"ided under the soffit. at a ....a11. \">'ith a minimum v;idth of 12 inches, 1\', LbCiüs must be a minimum of eic:ht inches high. v. When sloped roofs are used. the massing and height must be in proportion with the height of its supporting walls. Sloped roofs must meet the following requirements: a) Sloped roofs that are higher than its supporting walls must feature elements that create articulation and reduce the massing of the roof. C¥Þ This includes: clearstory windows, cupolas, donners, vertical changes, or additional complementary colors to the color of the roof. b) The color( s) of a sloped roof must complement the color( s) of the facades. d Prohibited roof tvves and materials. The following roof types and roof materials are prohibited: 1. Asphalt shin!?les, except laminated, 320-pound, 30-year architectural grade asphalt shingles or better. 11. Mansard roofs and canopies, unless they meet the following standards: a) Minimum vertical distance of 8 feet is required for buildings larger than 20,000 square feet, b) Minimum vertical distance of 6 feet is required for buildings of UP to 20,000 square feet of gross floor area, and c) The roof angle shall not be less than 25 degrees, and not greater than 70 degrees. III. RuuL; LltIIIZit1:.:: pItch hi:!her than 1_: 12. but lo'.ver than ^'): 12. unk~;s: a)" parapet. xrcen. or l1lan~;ard roof proyides full coyerage. b ¡ \ I1lIllItl1Um ~ foot O\crhanc: is provided. and c) Cur'. cd ruo t:; arc e~u:mpt tì'om the pitch requirement. IV. Awnings used as a mansard or canopv roofs. 11. Awning standards. These standards apply to those awnings associated with and attached to a building or structure. a. l'vfansard awninf?s, which are those awnings that span 90 percent, or more, of a facade length and those. which do not provide a connection between facades, must adhere to all roof standards of Section 5.05,08. CIO. of this Code. b. All other awnin!!s, which are awnings that constitute less than 90 percent of a facade length, and those that do not provide a connection between tàcades, must adhere to the following standards: ~ 0'_...;0_""""'·"" 1. The portion of the awning with graphics mav be backlit. provided the illuminated portion of the awning with ¡p-aphics does not exceed size limitations and the other sign standards of Sections 5,06,00. 9.03,00. 9.04,00 and 10,02.06 Signs of this Code. 11. The location of awnings must relate to the window and door openings. c. Automobile sales /Jarking lot awnznf!S, Shade awnings mav be erected in automobile sales parking lots subiect to the followini2; requirements and standards: 1. Shade awning structures must not be constructed within 75 feet of anv public or private street. 11. Single shade awning structures must not exceed an area sufficient to provide cover to 20 automobiles or 3.240 square feet. \vhichever is l,!,reater, Ill. The minimum separation between shade awning structures must be 100 feet. IV. Multi-colored shade awnings and the use of black or gray, florescent. primary and/or secondarv colors are prohibited. Earth tone colors are encouraged. 12. Entrvwav/customer entrance treatment. a. Pur/Jose and intent. Entrvwav design elements are intended to give protection from the sun and adverse weather conditions. These elements must be integrated into a comprehensive design stvle for the project. b, Sinr¿le-tenant huildings and developments. Single-tenant buildings shall have clearlv defined, hii2;hlv visible, customer entrances. The customer entrance shall meet the following standards: 1. An outdoor patio area must be provided adiacent to the customer entrance, with a minimum of 200 square feet in area. The patio area must incorporate the following: a) Benches or other seating components. b) Decorative landscape planters or wing walls which incorporate landscaped areas. and c) Structural or veg;etative shading. -------.. ~ ,/11 ii. Front entry must be set back from a drive or a parking area by a minimum distance of 15 feet. c. Multiple-tenant buildinzs and developments. Multiple-tenant buildings and developments must meet the following standards: 1. Anchor tenants must provide clearly defined, highly visible customer entrances. n. Shaded outdoor community space must be provided at a minimum ratio of one percent of the total grOSS floor area of all on-site buildin¡:?;5. The community space shall be located off, or adiacent to, the main circulation path of the complex and must incorporate benches or other seating components, and iii. Front entries shall be setback from a drive or a parking area by a minimum of 15 feet. 13. Materials and colors. a. Purvose and intent. Exterior building colors and materials contribute significantly to the visual impact of buildings on the community. The colors and materials must be well designed and integrated into a comprehensive design style for the project. b. Exterior buildinz colors, The use of solid black. gray. florescent. primary or sccondar\ colored materials or tìnish paint is limited to no more than ten perœnt 0[' a facade or the total roof area, except that naturally occurring materia]:; are permissible. such as marble. granite. and slate. c. Exterior buildinf!. materials. The following building finish materials are limited to no more than 33 percent of the facade area: i. Corrugated, or reflective metal panels, and ii. Smooth concrete block. d. Neon tubinz. The use of neon or neon tyPe tubing is prohibited on the exterior and the roof of a building. D. Oeshm Standards for specific buildine: uses. 1. Standardized design buildin!?:s must meet the provisions of this code. 2. Self-storage buildings. ~ Self-storage buildings are subject to all of the applicable provisions of this section with the following exceptions and additions: a. Overhead doors. Overhead doors cannot be located on the p.rimary facade of self-storage buildings. b. Screen walls. When a wall is proposed to screen the facility. it must be constructed of material similar and complementary to the primary building material and architecture. Long expanse of wall surface shall be broken into sections no longer than 50 feet, and designed to avoid monotony by use of architectural elements such as pillars. c. Window standards. Windows must not be false or applied. If the window openings are into the storage area, translucent material must be used. d. Simde-storv self-storage buildim!s. Section 5.05,08 C.2, Primarv façade standard,; can be replaced with the following two options: 1. Option I. a) A minimum of 20 percent of the primary façade area must be glazed: and b) A covered public entry with at l~œ~t a mInImum roof area of SO :;quarè feet and no dimension kss than eight feet in hei:.::ht b\ ten feet ,-'.ide, or a covered walkway at least six feet wide with a total length measurin2: no less than 60 percent of the length of the façade. 11. Option 2. If the project design incorporates a screen wall around the perimeter of the self-storage facility, the following standards apply: a) Architecturallv treated, eight-foot high, screen wall is required to screen the facilitv, b) The roof slope for the buildings is a minimum of 4: 12 ratio for double slopes, and 3: 12 ratio for single slope, and c) A landscape buffer at least 7 feet wide is required on each side of the wall. Ill. In the case that none of the above options are met. then Section 5,05.08 C.2. Priman' ¡(¡cades standards must be met. e. A/lilti-storv self-stora<¿e bliildin<¿s. The requirements of Section 5,05,08 C. :;, Priman' façade standard,," can be replaced with the following standards: ç~ i. Option 1. a) A minimum of 20 percent of the primary facade area must be glazed: and b) A covered public entry with at least a minimum roof area of 80 square teet and no dimension less than eight in height feet by ten feet ,-vide, or a covered walkway at least six feet wide with a total length measuring no less than 60 percent of the length of the facade. c) Requirements of Section 5.05.08 C8.b. Blank wall area apply to all facades, and d) Foundation planting areas must be a mInimUm 15 percent of the ground level building area. ii. Option 2. If project design incorporates a screen wall around the perimeter of the self-storage facility. The following standards apply: a) Architecturally treated, eight feet high screen wall is required to screen the ground floor of the facility, b) Landscape buffer, minimum 7 feet wide is required on each side of the wall, c) Primary facades above the ground level must include glazing:, covering at a minimum 20 percent of the facade area, d) Requirements of Section 5.05.08 C8.b. Blank wall area applies to all facades, and e) Foundation planting areas must be a minimum 15 percent of the ground level building area. lll. In the case that none of the above options are met, then Section 5.05.08 C.2. Prima¡-\' fàcades standards must be met. 3. Mercantile. a. A fJlJlicabilitv, All standards listed in Section 5.05.08. are applicable with the following exceptions and additions. <2~ ?~ b. Large Retail Structures. The purpose of this section is to break up the monolithic appearance of large retail structures and present a more human scale of architecture to the public right of way view. Because these buildings house a variety of functions that can accommodate in a variety of spatial types, they must be designed to express these functions in a. manner that has the appearance of a group of buildings ofvarving scale and size. All areas with the building that can be accommodated within a space with a ceiling height of 16 feet or less must be designed and built within a single story envelope or a multiple of envelopes. These building envelopes must have a maximum eave height of 16 feet and must be expressed as single story elements in the architectural fonn of the building along the building edge or edges that front the public right of way. These areas must include, but are not limited to: 1. The management and business office. ii. Check out area. iii. Rest rooms. iv. Customer service area. v. Food service areas. c. Windows and entrances, When more than two retailers with separate exterior customer entrances are located within the principal buildin\?:, the following standards apply: 1. The first floor of the primary facades must utilize transparent windows and doors hct\'.eer:. the hei:.:ht.; of three feet ~:nd ei:.:ht feet abC'''e the '.\a¡¡~\\a~ ~ for no less than 30 percent of the horizontal length of the building façade. 11. Primarv building entrances must be clearly defined and connected with a sheltering element such us a roof canopy or arcade, 4. Automobile service stations a. A vvlicabilitv. In addition to the requirements of Section 5,05.05 Automobile service stations. all standards are applicable with the following additional requirements: i. Canopy columns must be at least 18 inches wide. ii. Under-canopv lights must be fully recessed. 111. Canopies must not be higher than 16 feet clear. 0D 9 Pall1[ with non :,do~;sv finish must be Llsed for columns and canop\ includin:.:: fascia and ~;offit. I" , , 5. Hotel/motel. a, AplJlicabilitv. All standards of Section 5.05.08. are applicable with the following exceptions. b. Desien features. Section 5.05.08 C.2. Primary facade standards-Design features can be replaced as follows: i. The design of the primary facades must include windows and other glazed openings covering at least 20 percent of the primarv facade area, and one of the following design features: a) Proiected, or recessed, covered public entry providing a minimum horizontal dimension of eight feet, and a minimum area of 100 square feet, or b) Covered walkway or arcade (excluding canvas type) constructed with columns at least 12 inches wide, that is attached to the building, or located no more than 12 feet from the building. The structure must be pennanent and its design must relate to the principal structure. The minimum width shall be eight feet, with a total length measuring 60 percent of the length of the associated facade. II. For buildinf?:s located 200 feet or more from the street right-of-way, the proiected or recessed entry and covered walkway or arcade, required by the above Section 5.05.08 D.5,b.i.. can be located on any facade. 6. Warehousing/distribution. a. AlJlJlicabilitv. All standards listed in Section 5.05.08. are applicable except for the following: b. Primarv Facade Standards. The requirements of Section 5.05.08 C.2. Priman' facade standard'ì are replaced with the following standards. Facades fronting on arterial or collector streets must have two or more of the following design features: i. Windows at a minimum often percent of the facade àrea. ~ 11. Proiected or recessed covered public entry proYiding a minimum of eight feet by eight feet cover. HI. Foundation planting consisting of trees and shrubs. The total length of the planting area must be a minimum of 25 percent of the facade length and be distributed along the facade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material shall be as required by Section 4.06.05 of this Code. IV. Masonrv. concrete or tilt-up construction. v. Building height of 40 feet or less and the building street setback of 200 feet or more. c. Variation in Massine. The requirements of Section 5.05,08 C.4. Variation in massinf! applies only to primarv facades and to facades facing residential districts. d. Suildinf! desif!n treatments. The requirements of Section 5.05.08 C.5,c. Suildine desif!n treatments are modified as follows: 1. Primary facades must include a minimum of two of the building design treatments listed under this section. e. Site design elements. The requirements of Section 5.05.08 C.5,d. Site desif!n elements are modified to require, at a minimum, one of the four listed site design elements. f Detail Features, The requirements of Section 5.05,08 C. 8. Detail features are replaced with the following standards: 1. Slank wall areas. Blank, opaque wall areas must not exceed IS feet in vertical direction or 50 feet in horizontal direction of any primary facade or any facade facing a residential district. For facades connected to a primary facade, this must apply to a minimum of 25 percent of the attached facade measured from the connection point. Control and expansion ioints within this area constitute blank wall area unless used as a decorative pattern and spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 1/2 inch Jnd !TIa \ be dl!ì'crent than the color of the wall, g, Roof treatments, The requirements of Section 5,05.08 C. 10, Rooftreatmenrs are replaced with the following standards: G0 ~ 1. If parapets are used. the end of the parapet must wrap comers for a minimum distance of 25 percent of the length of the facade. measured from the comer. 11. The facades facing arterial or collector road and facades facing residential district must have variations from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for everv 150 lineal feet of the facade length. The vertical change must be a minimum often percent of the building height, but no less than three feet. 111. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens. h. A1aterials and Colors, The requirements of Section 5.05.08 G. J 3. Materials and colors are applicable with exception of Subsection 5.05.08 C. J 3. c. Exterior building materials. which is replaced with the following standards: 1. Primarv facades. The use of ribbed, corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. 11. Facades attached to a vrimarv facade. The use of ribbed, corrugated. and reflective metal panels is limited to no more then 33 percent of the wall area for the 25 percent of the overall wall length of the facades attached to a primarv facade. measured from the comers. t. S/Jecial Height Requirements. All buildings over 30 feet in height, measured from the first finished floor to the roof eave, that are located within 300 feet from the arterial or collector street right-of-way, must comply with Section 5,05.0R CA. Variation in Massing, and Section 5.05.08 G.8. Detail features are applicable to all building facades. 7. Industrial/factory buildings. a. A/Jolicabilitv. All standards listed in Section 5.05.08. are applicable with the following exceptions. b, Buildinf! Facades, 1. Primarv Façade Standards. The requirements of Section 5.05.08 C.2. Priman' facade standards are replaced with the following standards, Facades fronting on arterial or collector streets must have two or more of the following design features: ® /4 a) Windows at a minimum of25 percent of the facade area. b) Proiected 0r recessed covered public entry providing a minimum of eight feet by eight feet cover, and a minimum of 15 percent of the wall area devoted to windows. c) The total length of the planting area must be at least 33 percent of the facade length and be distributed along the facade to reduce the blank wall area. The depth of the planting area must be a minimum of ten feet. The plant material must be as required by Section 4,06.05, 41- Masonrv. concrete or tilt-up construction, and IS percent of the wall area allocated to windows. e) Building height of 40 feet or less, with a building street setback of 200 feet or more. n. Variation in Massing. The requirements of Section 5.05,08 C 4. Variation in massim! applies only to the primary facades and to facades facing residential districts. lll. Proiect Standards. a) The requirements of Section 5.05.08 C5.c. Building design treatments are modified to require industrial/factorv buildings to provide, at the primarv facades only, a minimum of two of the 17 building design treatments listed under this section. b) The requirements of Section 5.05.08 C5.d. Site desizn elements are modified to require at least one of the four listed site design elements. c. Detail Features. The requirements of Section 5.05.08 C8. Detail features are replaced with the following standards: 1. Blank, opaque wall areas must not exceed IS feet in vertical direction or 50 feet in horizontal direction of any primary façade and any facade facing a residential district. 11. For facades connected to a primary facade, the blank wall standards applies to a minimum of 25 percent of the attached facade. measured from the connection point. 111. Control and expansion ioints within the façade area constitute blank wall area unless used as a decorative pattern, and must be spaced at intervals of ten feet or less. Relief and reveal work depth must be a minimum of 112 inch and I1lLl\ be different than the color ofthc \\aìl. ~ ~ d. Roof treatments. The requirements of Section 5.05.08 ClO. Roof treatments are replaced with the following standards: 1. If parapets are used, the end of the parapet must wrap comers for a minimum distance of 25 percent of the length of the facade, measured from the comer. n. Facades facing arterial or collector roads and facades facing residential districts must have vertical changes from the dominant roof condition. The roof edge and parapets must have a minimum of one vertical change for every 150 lineal feet of the facade length. The vertical chan(!e shall be a minimum of ten percent of the building height, but no less than three feet. iii. All rooftop-mounted equipment including air conditioning units, vents, etc., must be shielded from view with parapets, louver screens, or similar equipment screens. e. A1aterials and Colors. The requirements of Section 5.05.08 C13. Materials and colors are applicable with exception of Subsection 5.05.08 C13.c. Exterior buildine materials. which is replaced with the following standard: 1. Primary facades. The use of ribbed. corrugated, and reflective metal panels is limited to a maximum of 33 percent of the facade area. 11. Facades attached to a primary façade. For 25 percent of the overall wall length of facades attached to a primary facade, measured from the comers, the use of ribbed, corrugated, and reflective metal panels is limited to no more then 33 percent of the wall area. l Special Heizht Requirements. All buildings over 30 feet in height measured from the first finished floor to the roof eave that are located within 300 feet from the arterial or collector street right-of-way must meet the Section 5.05.08 C4. Variation in Massinz, and Section 5.05.08 C8. Detail fèatures are applicable to all building; facades. 8. Parking structures. All standards listed in Section 5.05.08. are applicable unless otherwise specified below. a. Primarv fàcades. The requirements of Section 5.05.08 C2,Primary façade standards are replaced with the following standards: 1. All exposed facades of any parking structure above the second floor are considered primarv facades. ~ 11. A minimum of 60 percent of the area of any primary facade of a parking structure or covered parking facility must incorporate at least two of the following: a) Transparent windows, with clear or lightly tinted glass. where pedestrian oriented businesses are located along the facade of the parking structure, b) Display windows, c) Decorative grill work or similar detailing which provides texture and screens the parking structure openings, d) Art or architectural treatment such as sculPture, mosaic, glass block. opaque art glass, relief work or similar features, or e ) Vertical trellis or plant material screening the openings. b. Buildin)! foundation IJlantinz. The perimeter of a parking structure at g;rade must meet the building foundation planting requirements of Section 4.06,05. of this Code, c. Massin,? standards. The requirements of Section 5.05.08 CA. Variation in massinf! are applicable. with the following exception: 1. If the ramps and inclines are on an exposed facade and they exceed the maximum length or uninterrupted curve, a projection or recess must occur at the start and end but not required at the ramp/incline. d. Wall Plan Changes. The requirements of Section 5.05,08 C4.b. are applicable with the following exception: 1. If the ramps and inclines are on an exposed facade and they exceed the maximum horizontal length, a wall plane projection or recess must occur at the start and end but not required at the ramplincline. e. Detail features. The facade area within 42 inches above each floor/deck shall not be open more than 50 percent. except at openin!Zs for vehicle or pedestrian access. 9. Outside plav structures. a. i\.1aximum coverGf;e, Outside play structures must not coyer more than 50 percent of the facade area. @) /4.7 b. Location, No portion of any play structure, located between the front building line and any adiacent right-of-way, may exceed a height of 12 feet as measured from ex·isting ground elevation. In all other cases, no portion of any play structure may exceed a maximum height of 16 feet as measured from existing ground elevation. c. Colors. Play structures must be limited to earth tone colors, with a maximum of three colors. E. Site Desi2ß Standards. Compliance with the standards set forth in this section must be demonstrated by submittal of architectural drawings and a site development plan in accordance with Section 10.02,03 Site Development Plans of this Code. 1. Off street parking design. As provided for in Section 4.05.00, and subject to the following provisions: a. Pumose and intent. Commercial buildings and projects. including their outparcels shall be designed to provide safe, convenient, and efficient access for pedestrians and vehicles. Parking shall be designed in a consistent and coordinated manner for the entire site. The parking area shall be integrated and designed so as to enhance the visual appearance of the community. b. Desifln standards, Parking, utilizing the same degree of angle, shall be developed throughout the site to provide efficient and safe traffic and pedestrian circulation. A single bay of parking provided along the perimeter of the site may vary in design in order to maximize the number of spaces provided on-site. The mixture of one-way and two-way parking aisles, or different degrees of angled parking within any parking area is prohibited, except as noted above, or where individual parking areas are physicallv separated from one another by a continuous landscape buffer, a minimum five feet in width with limited access. Landscape buffers for these locations shall use landscape material other than grass for separation of parking areas. l. Maximum parkinfl: Parking in excess by 20 percent of the minimum parking requirements shall provide additional landscaping as described in section 4.05.04 of this Code. 11. ParkinJ! for oroiects. Projects shall be designed to adhere to the following standards: a) Interior lots. No more than 50 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway. ~ b) Corner lots. No more than 80 percent of the off-street parking for the entire commercial building or project shall be located between any primary facade of the commercial building or project and the abutting street or navigable waterway area, with no single side to contain more than 65 percent of the required parking. 2. Pedestrian pathways. a. Purvose and intent. To provide safe opportunities for alternative modes of transportation by connecting with existing and future pedestrian and bicvcle pathways within the county and to provide safe passage from the public right- of-way to the building or project which includes the area between the parking areas and the building perimeter walk, and between alternative modes of transportation. The on-site pedestrian system must provide adequate directness, continuitv, street and drive aisle croSSIngS, visible interest and security as defined by the standards in this Section. b. Pedestrian access standards. Pathwavs and crosswalks must be provided as to separate pedestrian traffic from vehicular traffic while traveling from the parking space to building entries and from building entries to outparcels and pathways along adiacent roadways. Pedestrians will onlv share pavement with vehicular traffic in marked crosswalks. c. Minimum ratios, Pedestrian pathway connections must be provided from the building to adiacent road pathways at a ratio of one for each vehicular entrance to a proiect. Drive aisles leading to main entrances must have at least a walkway on one side of the drive isle. d. Minimum dimensions, Pedestrian pathways must be a minimum of six feet wide. e. Materials, Pedestrian pathways must be consistent with the prOVISions of Section 4.5. of' the Americans with Disabilities Act (ADA), Accessibilitv Guidelines. Materials may include specialtv pavers. concrete. colored concrete, or stamped pattern concrete. r Building perimeter Dath. A minimum 6-feet wide building perimeter path is required as specified below: 1. A continuous building perimeter path interconnecting all entrances and exits of a building is required. Emergencv "exits-onlv" are excluded. II. If parking area is proposed along the building façade within [5 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. ~~ '9 g, Pedestrian crosswalks. Standard crosswalks must be installed at stop- controlled-crossings. Uncontrolled crossings must be high visibilitv longitudinal lines as shown in the Florida Department of Transportation Roadway and Traffic Design Standards. h. Shade and site amenities. 1. Pedestrian pathways must provide intermittent shaded areas when the walkway exceeds 50 linear feet in length at a minimum ratio of one shade canopy tree per every 50 linear feet of walkway. The required shade trees must be located no more than ten feet from edge of the sidewalk. 11. Development plans must include site amenities that enhance safety and convenience and promote walking or bicycling as an alternative means of transportation. Site amenities may include bike racks (as required by Section 4,05.08 of this Code), drinking fountains, canopies and benches. 3. Service function areas and facilities. Service function areas include, but are not limited to: loading areas and docks, outdoor storage, vehicle storage excluding car display areas, trash collection areas, trash compaction and recycling areas, roof top equipment, utility meters, antennas, mechanical and any other outdoor equipment and building services supporting the main use or operation of the property. a. Purpose and intent. To diminish the visual and acoustic impacts of service functions that mav detract from, or have a negative impact on, the surrounding properties and the overall community image. b. Butfering and screeninf! standards. Service function areas must be located and screened so that the visual and acoustic impacts of these functions are fully contained and screened from adiacent properties. including public and private streets. c. Screening material and desií!n standards, Screening materials, colors and design must be consistent with design treatment of the primary facades of the building or proiect and the landscape plan. d. Trash enclosures. For the location, size, and design standards for trash enclosures, see section 5.03.04 Dumpsters. e, Loadiní! areas and docks. Vehicle loading areas must be screened from streets and adiacent residential districts. Screening must consist of wing walls. shrubs. trees. berms, or combination thereof. o ,7" /30 f Conduits. meters and vents and other equipment attached to the building or protruding from the roof must be screened or painted to match surrounding building surfaces: Conduits and meters cannot be located on the primarv façade of the building. z. All roofioJJ mechanical equipment protruding from the roof must be screened from public view. from both above and below, by integrating it into a building and roof design. h. Outdoor vendinz machines must be located so that they are not visible from adjacent properties and streets. 4. Fencing standards. For restrictions on fence material. fence height, and design, see Section 5.03.02. Fences and Walls. 5. Drive-through facilities standards. a. Drive-through facilities location and buffering standards. Drive-through facilities must be secondary in emphasis and priority given to any other access and circulation functions. Such facilities must be located at side or rear locations that do not interrupt direct pedestrian access and avoid potential pedestrian/vehicle conflict. Each drive throu:z:h facility must prO\idc both v.'alle up and drin' in ~;ervicc, If site constraints limit the location of the drive through facility to the area between the right-of-way and associated building, the vegetation required by a Type "B" landscape buffer must be installed within the buffer width required for the project and maintained along the entire length of the drive-through lane and adjacent right-of-way. In addition to the vegetative buffer referenced above, a permanent, covered, porte-cochere or similar structure, (canvas awning and canopies are excluded), must be installed extending the width of the drive-through with the roof covering the service window( s). Such structure shall be an integral part of the design of the building. b. ReQuired floor area. One drive-through facilitv is permitted per tenant. Buildings must be a minimum of 1,000 square feet. For multi-tenant buildings. an additional drive-through is allowed for each tenant with a minimum of 5,000 square feet of gross floor area. Drive-through facilities mav have multiple drive lanes. 6. Lighting. a. Purpose and intent. All building sites and projects, induding outparcels, shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting must be designed in a consistent and coordinated ~ manner for the entire site. The lighting and lighting fixtures must be integrated and designed so 'as to enhance the visual impact of the project on the community and blend with the landscape. b. Shieldinz standards. Lighting must be designed so as to prevent direct glare, light spillage and hazardous interference with automotive and pedestrian traffic on adjoining streets and all adjacent properties. Light sources must be concealed or shielded. height standard'). Lighting fixtures within the parking lot must be a maximum of 25 feet in height, and 15 feet in height for the non-vehicular pedestrian areas. d. Desizn standards. Lighting must be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures must complement the design of the project. This can be accomplished through style, material or color. e. Illumination. Background spaces, such as parking lots, shall be illuminated as unobtrusively as possible to meet the functional needs of safe circulation and of protecting people and property. Foreground spaces, including building entrances and plaza seating areas, must utilize local lighting that defines the space without glare. 7. Water management areas. For design standards for water management areas, including location and the required amenities, see Section 4.06.02 D. of this Code. F. Deviations and Alternate Compliance. The following alternative compliance process is established to allow deviations from the requirements of this Section as approved by the County Manager or his designee. 1. Review and approval procedure. Upon request by the applicant, the County Manager or his designee may administratively approve a Site and Development Plan application that includes an alternative architectural design and site development plan that may be substituted in whole or in part for a plan meeting the standards of Section 5.05.08. Approved deviations are allowed only as to the specific design and plan reviewed. Any modification to an approved design shall necessitate re-review and approval by the County Manager or his designee. 2. Review criteria. In approving an alternative plan, the County Manager or his designee must find that the proposed alternative plan accomplishes the purpose and intent of this Section in the same manner as the provisions would. If the plan is approved through this provision. the Site Development Plan approval letter shall specifically note the deviations and the basis for their' approval. ~ ,,-"~~-_.>_.,~_." 3. Submittal requirements. In addition to the base submittal requirements, applicants must provide the following: a. Architectural desÜm plan and/or site development plan clearly labeled as an "Alternative Architectural Design Standards Plan". This plan must identify the section numbers from· this Section from which the deviation is being requested. b. A narrative statement that specifically identifies all standards of Section 5.05.08 from which the deviations are requested, and the justification for the request. This statement must include a description of how the alternative plan accomplishes the purpose and intent of this Section, without specificallv complying with those standards identified. 4. A1Jplicability. a. The following types of buildings and uses qualify for an administrative determination of deviations from Section 5.05.08. development standards: i. Assembly, ii. EducationaL iii. InstitutionaL iv. Mixed use buildings (such as commercial/residential/office), and v. Anv other non-commercial building, or use, that is not listed under Section 5.05.08 D. Desizn standards for specific buildinz tv1Jes of this Section, and due to its function, has specific requirements making meeting Section 5.05.08. standards unfeasible. b. The deviation process is also applicable to the specific requirements listed under the following sections: i. Section 5.05.08 B.4, Renovations and redevelo1Jment. ii. Section 5.05.08 B.5. Abandonment or discontinuance of use. iii. Section 5.05.08 C9. Deviations for Outparcels and freestanding buildin,?s within PUD and common ownership developments. iv. Sections 5.05.08 D.2.d. for Self-storaze buildings. 5. Armeal and Assistance 1Jrocedure. ~ a. The Applicant may appeal the decision of the County Manager or his designee or the County Manager or his designee may request assistance in making a decision by convening an Architectural Arbitration Meeting. 1. The voting members at the Architectural Arbitration Meeting shall be two representing the Collier County Planning Staff, two representing the appointed bv the American Institute of Architects (Southwest Florida Chapter), and one representing the American Society of Landscape Architects (Southwest Florida Chapter). n. The applicant's Architect shall attend the Architectural Arbitration Meeting. b. The Architectural Arbitration Meeting shall result in one of the following actions bv majoritv vote: 1. Approve as proposed, 11. Approve as proposed with conditions, 111. Deny as proposed, or IV. Continue the review to another meeting for further deliberation. c. The Countv Manager or his designee, within 5 working days following the Architectural Arbitration Meeting shall approve or deny the projects deviation from the architectural design standard of Section 5.05.08, as recommended by the Architectural Arbitration Meeting. d. The review of Site Development Plan Application will be placed on hold, pending decision on the deviation from building design standards. G. Exceptions. I. Exceptions to the provisions of this code may be granted by the Board of County Commissioners in the fonn of a PUD zoning district where it can be demonstrated that such exceptions are necessary to allow for innovative design while varying from one or more of the provisions of this Section, nonetheless are deemed to meet the overall purpose and intent set forth herein. In the case of individual projects subject to Section 5.05.08 standards, where site specific factors may impact the abilitv to meet these standards, variance from one or more of the provisions of this Section may be requested pursuant to the procedures set forth in Section 9,04.00 Variances of this code. ~ y LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Carolina Valera DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC6: LDC/UDC SECTION: old LDC Divisions 6.2. and 6.3. and UDC sections 1.08.01 and section 1.08.02. LDC SUPPLEMENT #: N/ A CHANGE: Adding definitions specific to the Architectural Standards REASON: This is due to the rewrite of this section. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Section 5.05.08 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 4:41 p.m. This version was created on September 27, 2004 at Amend the UDC [LDC] as follows: 1.08.01 Abbreviations * * * * * * * * * * * * * LOS NAICS NBMO Level of Service North American Industry Classification Svstem North Belle Meade Overlay * * * * * * * * * * * * * cÇ~ 1.08.02 Definitions TJrimarv facade (aTJTJlicable to Section 5.05.08 onlv): a facade that is in public view and faces a public or private street. 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(j '< (j ~ ~ N en ¡::: § ~ en ::¡- (þ (þ ..... ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, L~dscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2:161 and 2:162 LDC SECTION: 2.4.7.4. LDC SUPPLEMENT #: 17 CHANGE: Add the descriptive words to "Table 2.4 Table of Buffer Requirements". REASON: To clarify. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 2.4.4.4. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTESNERSION DATE: This version was created on 10/05/04 at 2:51 p.m. Amend the LDC as follows: 4.06.02 C. [2.4.7.4.] * * * * * * * * * * * * * TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE CLASSIFICA TrONS Adjacent Properties Zoninf! District and/or Pronertv Use Subje 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ct Prope rty's Distri ::t/Us Ie --=-. (~) 1. - B B B B B A A A A D A - A I Agric ulture (AI) 2. A A B B B B B C B * D B - C Resid ential (E, RSF) singl e- famil y 3. A B A NA A B B B B * D B - C Resid ential (RM F-6, RMF -12, RMF -16) multi famil y 4. A B A A B B A B B * D B - B Resid ential touris t (RT) 5. A A B B A B B B B * D B - B Villa ge resid ential (VR) 6. A B B B B A B B B * D B B B Mobi Ie home (MH) @ r 7. A B B B B B A A A * D B B B -=om merCI a¡3 (C-l, C- liT, C-2, C-3, C-4, C-5); Busin ess Park (BP) 8. A C B B B B A A2 A * D B B B Indus trial2 (I) 9. A B B B B B A A A * D B - C Publi c use (P), ..:om mum ty facilit y (CF), Golf Cour se Club house , Arne nity Cente r G]) 10. * * * * * * * * * * D * * * I Plann ed unit devel opme nt (POD ) 11. D D D D D D D D D D - B - D Vehi cular rights -of- way 12. B B B B B B B B B B B A B C Golf cours e maint enanc e BUI LDI NG 13. - - - - - - - - - - - B - C Golf cours e 14. A C C B B B B B C * D C C D Auto mobi Ie servi ce statio n e. The letter listed under "ADJACENT Properties Zoning District and/or Property Use" shall be the LANDSCAPE BUFFER and screening alternative required. Where a conflict exists between the BUFFER required bv zoning district or property use, the more stringent BUFFER shall be required. The "_" symbol shall represent that n~~ is required. The POD district <!:fV BUFFER, due to a variety of differing land uses, is indicated by the "*" .symbol, and shall be based on the LANDSCAPE BUFFER and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the BUFFERING requirements and the YARD requirements of this Code, the YARD requirements of the subject zoning district shall apply. IBUFFERlNG in agriculture (A) districts shall be applicable at the time of site DEVELOPMENT PLAN (SDP) submittal. 2Industrial (1) zoned property, where ABUTTING industrial (1) zoned property, shall be required to install a minimum five- foot-wide type A LANDSCAPE BUFFER ADJACENT to the side and rear property lines. This area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter BUFFERS only. This reduction in BUFFER width shall not apply to BUFFERS ADJACENT to vehicular RIGHTS-OF-WAY or nonindustrial zoned property. 3BUFFER areas between commercial OUTPARCELS located within a SHOPPING CENTER may have a shared BUFFER 15 feet wide with each ADJACENT property contributing 7.5 feet. This does not apply to RIGHT-OF-WAY BUFFERS. f. Refer to section 5.05.05 for AUTOMOBILE SERVICE STATION landscape requirements. a:- i. Business Parks A 25-foot wide LANDSCAPE BUFFER shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or BERM, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, BERM, or BERM/wall combination. &: 6. BUFFERING and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from ADJACENT properties at ground view level and in view of roadway corridors. (fD ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2:161 and 2:162 LDC SECTION: Old LDC section 2.4.7.4. and UDC section 4.06.02 C. LDC SUPPLEMENT #: 17 CHANGE: Relocation of Type D Landscape Buffer hedge criteria from section 4.06.05 C.4. [2.4.4.4.J Shrubs and Hedges to Section 4.06.02 C. [2.4.7.4.J Types of Buffers. Add container sizes to hedge descriptions. REASON: To relocate hedge language to the appropriate area of the Code and to properly specify plant sizes. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 2.4.4.4. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.02 C. [2.4.7.4.] -h Types of BUFFERS. Within a required BUFFER strip, the following alternative shall be used based on the matrix in table 2.4. 1. Alternative A: Ten-foot-wide LANDSCAPE BUFFER with trees spaced no more than 30 feet on center. 2. Alternative B: Fifteen-foot-wide, 80 percent opaque within one year LANDSCAPE BUFFER six feet in height, which may include a wall, fence, hedge, BERM or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feel on ce~ al§'g. SO, 1:. Alternative C: 20-foot-wide, opaque within one year, LANDSCAPE BUFFER with a six-foot wall, fence, hedge, or BERM, or combination thereof and m:o staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate NEIGHBORHOOD CENTER district shall be exempt from the RIGHT-OF-WAY requirement of a six-foot wall, fence, hedge, BERM or combination thereof. These projects shall provide a meandering Type D LANDSCAPE BUFFER hedge. In addition, a minimum of 50 percent ofthe 25-foot wide BUFFER area shall be composed of a meandering bed of shrubs and ground covers other than grass. 4. Alternative D: A LANDSCAPE BUFFER shall be required ADJACENT to any road RIGHT-OF-WAY external to the development project and ADJACENT to any primary ACCESS roads internal to a commercial development. Said LANDSCAPE BUFFER shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter LANDSCAPE BUFFER shall vary according to the ultimate width of the ABUTTING RIGHT-OF-WAY. Where the ultimate width of the RIGHT-OF-WAY is zero to 99 feet, the corresponding LANDSCAPE BUFFER shall measure at least ten feet in width. Where the ultimate width of the RIGHT-OF-WAY is 100 or more feet, the corresponding LANDSCAPE BUFFER shall measure at least 15 feet in width. DEVELOPMENTS of 15 acres or more and DEVELOPMENTS within an activity center shall provide a perimeter LANDSCAPE BUFFER of at least 20 feet in width regardless of the width of the RIGHT-OF-WAY. Activity center RIGHT-OF-WAY BUFFER width requirements shall not be applicable to roadways internal to the development. a. Trees shall be spaced no more than 30 feet on center in the LANDSCAPE BUFFER ABUTTING a RIGHT-OF-WAY or primary ACCESS road internal to a commercial development. b. A continuous three gallon double row hedge spaced 18 to 36 inchos three feet on center aHEi-of at least 24 inches in height at the time of planting and attaining a minimum of three feet height within one year shall be required in the LANDSCAPE BUFFER where vehicular areas are ADJACENT to the road RlGHT-OF- WAY, pursuant to section 4.06.05 C.4. [relocated from 4.06.05 CA.] c. Where a fence or wall fronts an ARTERIAL or COLLECTOR ROAD as described by the transportation circulation element of the growth management plan, a continuous three gallon single r~a minimum of 24 inches in height ~ spaced three feet on center, shall be planted along theRIGHT-OF- WAY side of the fence. The required trees shall be located on the side of the fence facing the RIGHT-OF-WAY. Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron. d. The remaining area of the required LANDSCAPE BUFFER must contain only existing NATIVE VEGETATION, grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing NATIVE VEGETATION in these areas. c2V ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2.152 LDCIUDC SECTION: Old LDC section 2.4.5.2. and UDC section 4.06.03 B.l. LDC SUPPLEMENT #: 17 CHANGE: Require a curb with a footer around landscape islands. REASON: To minimize pavement damage around landscape islands by directing tree roots deeper into the ground. FISCAL & OPERATIONAL IMPACTS: It will cost an additional $ 1.50 to $2.50 per lineal foot more than the cost of valley curb. RELATED CODES OR REGULATIONS: Old LDC section 2.4.7.4. and UDC section 4.06.02 C.1. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Amend the LDCIUDC as follows: UDC 4.06.03 B.t. [2.4.5.2.] Landscaping required in interior o/VEHICULAR USE AREAS. At least ten percent of the amount of VEHICULAR USE AREA on-site shall be devoted to interior landscaping areas. The width of all curbing shall be excluded from the required landscaped areas. All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other landscape treatment. One tree shall be provided for every 250 square feet of required interior landscaped area. Interior land~caped areas shall be a minimum of five feet in width and 150 square feet in area. The amount of required interior landscape area provided shall be shown on all preliminary and final landscape PI~ ~ All rows of parking spaces shall contain no more than ten parking spaces uninterrupted þy a required landscaped island which shall measure inside the curb not less than eight feet in width and at least eight feet in length and at least 100 square feet in area. At least one tree shall be planted in each island. These islands shall not be used as retention areas or as swales. Landscape islands for compact car parking areas shall be at least seven feet in width and at least 100 square feet in area. These tree requirements shall be met with existing native trees whenever such trees are located within the parking area and may be feasibly incorporated into the landscaping. Where existing trees are retained in a landscape island the amount of parking spaces in that row may be increased to 15. A parking stall shall be no farther than 50 feet from a tree, measured to the tree trunk. Interior landscaping areas shall serve to divide and break up the expanse of paving at strategic points and to provide adequate shading of the paved area. Perimeter landscaping shall not be credited toward interior landscaping. All rows of parking spaces shall be bordered on each end by curbed landscape islands as shown in Figure 3, Terminal Landscape Islands. Each tenninal island shall measure inside the curb not less than eight feet in width and extend the entire length of the single or double row of parking spaces bordered by the island. Type D curbing is required around all landscape islands. Lay en Ð1:1:fbing shall not be permitted. A tenninal island for a single row of parking spaces shall be landscaped with at least one canopy tree. A tenninal island for a double row of parking spaces shall contain not less than two canopy trees. The remainder of the tenninal island shall be landscaped with sod, ground covers or shrubs or a combination of any of the above. @v ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Lap.dscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:155 LDCIUDC SECTION: Old LDC section 2.4.6.1. and UDC section 4.06.05 A.1. LDC SUPPLEMENT #: 17 CHANGE: Create a new standard for establishing the minimum number of trees required on a single family home site. REASON: Many single family home sites are too small to accommodate the current requirement of two canopy trees per lot. FISCAL & OPERATIONAL IMPACTS: There will be a small reduction in cost oftrees for smaller lots, approximately $ 150 per lot. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on 10/05/04 at 12:50 p.m. Amend the LDCIUDC as follows: 4.06.05 A. [Sec. 2.4.6.] A. Landscaping requirements for residential developments Landscaping for all new DEVELOPMENT, including single-family, two-family, multifamily and MOBILE HOME DWELLING UNITS, shall include, at a minimum, the number of trees set forth below. Areas dedicated as preserves and conservation areas shall not be counted to meet the requirements of this section. Existing trees and other minimum code required landscaping may be credited to meet these requirements pursuant to section 4.06.05 E.1. [subsection 2.4.4.11.]. Trees shall meet the requirements of section 4.06.05 C.2. [2.4.4.2.]. Existing residential development that does not meet the minimum landscaping requirements of @9 this code shall be required to install the required landscaping before a certificate of occupancy is granted for any improvements to the property. 4.06.05 A.1. [2.4.6.1.] Residential DEVELOPMENTS. One canopy tree per 3,000 square feet of LOT area, or h"o €Jane}:»)' trees per LOT, whiehe"er is greater, '.':ith pervious OPEN SPACE per LOT. Lakes and wet detention areas shall not be counted towards this requirement. iThe maximum number required: 15 trees per LOT. a. Where a single family DEVELOPMENT has a street tree program and lots of less than 3.000 square feet of pervious OPEN SPACE. STREET trees located directly in ITont of the lot may be substituted to meet these requirements. A Street Tree Plan shall be submitted to the County Manager or his designee for review and approval and RIGHT -OF- WAY pennits, if required shall be obtained ITom the County Manager or his designee. ~9 ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Laµdscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle IT LDC PAGE: 2:156 LDCIUDC SECTION: Old LDC section 2.4.6.6. and UDC section 4.06.05 B.4. LDC SUPPLEMENT #: Supp.17 CHANGE: The first change is to restate the building perimeter landscape requirements more clearly. The second change is added language to accommodate water front buildings. REASON: The first change is so as to understand that section 4.06.05 B.5. [2.4.6.7.] has additional requirements to those outlined in section 4.06.05 B.4. [2.4.6.6.]. The second change accounts for the open space provided by a water body. When a site is developed adjacent to it, the required perimeter landscape buffer and the required building perimeter landscaping areas and materials may overlap each other. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTESNERSION DATE: This version created on September 15,2004 at 12:20 p.m. Amend the LDCIUDC as follows: 4.06.05 B.4. [2.4.6.6.] BUILDINGfoundatìon planting areas. All SHOPPING CENTER, retail, office, apartments, CONDOMINIUMS, clubhouses and similar uses must provide BUILDING foundation plantings in the amount often percent of proposed BUILDING ground level FLOOR AREA. These planting areas must be located ADJACENT to the.primary public BUILDING entrance(s) and/or primary STREET elevation. Planting areas tmà must consist of landscape areas, raised planters or planter boxes that are a minimum of five-feet wide except as required bv section 4.06.05 B.5. r2.4.6.7.1 below. These areas must be latÌdscaped with trees and/or palms in the amount of one tree or one palm equivalent per 250 square feet; and shrubs and ground covers other than grass. Building foundation plantings are exempt from the native requirements. Water management areas m~art of this planting area. Parking LOT ~ islands will not count towards this requirement. 4.06.05 B.5. [2.4.6.7.] BUILptNGfoundation planting requirementsfor fal.1 BillLDINGS greater f.!1élR 3 st81;i~:rtJi.3J/eetòr more in height; and/or section 5.05.08 [Division 2.8J BUILDINGS with afootprint greater than 20,000 square feet and/or parking garage STRUCTURES. ,1\let:J: BillLDINCS sblh./oot [9 the rcql,ûr-cments e/this seotien 3r<: .'wt :;¡,¡hject te the reqbliremoRts efthc fJ1<C'.Iiebls seefieR 1'()é.95 R.3 [2.1. é. é.] a. The minimum width of BillLDING foundation planting areas must be measured from the base of the BUILDING and must relate to the ADJACENT BUILDING'S wall height as herein defined as follows: Adjacent BUILDING'S Wall Height: Foundation Planting Width (contiguous around perimeter of BUILDING excludim! points ofinf!ress and ef!ress): BUILDING wall height less than 35 10 feet. - feet BUILDING wall height between 35 15 feet.:. feet and 50 feet. BUILDING wall height greater than 50 20 feet. feet. b. Sites located adiacent to a pennanent water body such as a canal, lake. bay or gulf may incorporate the required landscape buffer width into the building perimeter landscape buffer width. c. Trees required by this section must be of an installed size relating to the ADJACENT BUILDING'S wall height, as defined below: BUILDING'S Minimum Tree Minimum Tree MinimumPalm Wall Height Height (feet) Tree Container Height (feet) (feet) Canopy Size Spread Ú!a/lons) (feet) 35 to 50 14 to 16 7 45 16 greater than 50 16 to 18 8 65 20 @,Ð ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, L~dscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2:144 LDC SECTION: Old LDC section 2.4.4.2. and UDC 4.06.05 C.2. LDC SUPPLEMENT #: 17 CHANGE: required). Make the minimum code size tree one size (instead of the two sizes currently REASON: To simplify the requirements, a one size tree - a 10 foot height tree has been selected as opposed to the old requirement of two trees sizes of 8 foot and 10 foot height. FISCAL & OPERATIONAL IMPACTS: A typical 10 foot height costs $ 50 to $60 more than a typical 8 foot height tree. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the LDC as follows: 4.06.05 C.2. [2.4.4.2.] Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees ADJACENT to walkways, bike paths and RIGHT'S-OF-WAY shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code- required trees, at least 50 percent of the trees at the time of installation shall be a minimum of 25 gallon. ten feet in heìght, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. +he rema:ining eode required trees, at the time of installation, shall be at least 0~ eight feet in height, hæ¡e a 1 ground) and a ~hree feet Sf3feaà 1/2 inch ealiper (at 12 ¡fish è ___ ______ es a aye the @ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, L~dscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGES: 2.144 and 2:144.1 LDCIUDC SECTION: Old LDC section 2.4.4.4. and UDC section 4.06.05 C.4. LDC SUPPLEMENT #: 17 CHANGE: This language has been revised to acknowledge the different heights of required shrubs and hedges. In addition the plant spacing has been relocated to a more appropriate section of the code: Section 2.4.7.4. Types of buffers. REASON: Simplify the code language. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: old LDC section 2.4.7.4. and UDC section 4.06.02 C.!. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 12:15 p.m. This version was created on September 15, 2004 at Amend the LDC/UDC as follows: 4.06.05 C.4. [2.4.4.4.] Shrubs and hedges. Shrubs and hedges shall be installed and maintained ill....a minimum of 21 inches in height as sµecified in Section 4.06.02 c.!. rZ.4.7.4.1 except where STREET visibility is required and where pedestrian ACCESS is provided. Shrubs and hedges shall screen aÐe¥e the ADJACENT pavement surface or developed property required to be BUFFERED and/or screened.:.- when measl:1fed at time of planting, gt"O'.vn in a three gallon container, and be spaced 18 to 36 ïnehes on center. They shall be at least 36 inshes in height within 12 months of time of planting and shall be maintained at a height of no less than 36 inehes abo'le the ADJACENT PlWiJlBORI@òe BUFFERED amIIor sorGORed in perpetuity, exeøl3t for ':isibility at intersections and where pedestria:n ."ACCESS is p¡o·¡ided. Hedges; where required, shall be pla:nted in double staggered ro\v~ and maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. 'Nhøre BUFFERINC andlor sereemng is required, shruhs shall be pla:nted and maintained at a height as speeified in seetion 4.06.02 C. [2.4.7.4.] of this code, øxoept wflere STREET visibility is requireø.. Dolible staggered ro'.','::; of hedges shall be required only in type D BUFFERS. @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC/UDC SECTION: old LDC section and UDC 4.06.05 LDC SUPPLEMENT #: CHANGE: Deleting the landscape berms provision from 4.06.05 C.II. REASON: The provision is already contained in 4.06.05 1. and the appropriate staff members agree that it is more appropriately located there. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTESNERSION DATE: 3 :54 p.m. This version was created on August 24, 2004 at Amend the UDC [LDC] as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * C. Plant Material Standards * * * * * * * * .* * * * 11. Landscapc BER.~IS. .^..ll perim.eter landseaj3e BERl\fS ÐTler tv;o feet in hoight shall meet or exeeed the minimum standaïds as set [oriB. herein. .^..ll grassed ® BERM:S shall ha'¡:e side slopes Be greater than roar to CBe. BEmiS planted with ground co'/er and landsca¡3iBg shall have side slopes BO greater than three to one. The toe of the slope s.hall be S8t baele a minimum of five feet from the edge of all RICHT OF ,,'.A..Y and property lines. Existing N}..TIVE VECET.\TION shall be incorporated into the BERM:S 'l.'itl:1 all slopes fully stabilized and landscaped with trees, sh.-ubs, and groand eo':er. Landscape BEmiS shall Bot be placed 'within K\SEMENTS without 'l,q-ÏtteB aflproval from all eBtities claiming an interest under said E}...SEIV[ENT. fl. LSl'lriscélpC BE~{S !eookJd éldjélCCl'lt Ie ll'lffJrsH:J.tc 75 RIGHT 0-...."'7 1.f:4Y (I 75). BERM:S located ADJ.\CENT to the 175 RICHT OF ~'.A..Y may be reduced ta a maximwn slape of 2: 1. Sach BEmiS shall be planted v:ith native ground co'¡er over an erosion eofttrol fabric, and native trees placed at 25 feet on eenter, equal in height to the height of the BEmi and located within a minimum teB f'Dot wiàe le'/81 planting area. * * * * * * * * * * * 1. Standards for landscape BERMS All perimeter landscape BERMS over two feet in height shall meet or exceed the minimum standards as set forth herein. All grassed BERMS shall have side slopes no greater than four to one. BERMS planted with ground cover and landscaping shall have side slopes no greater than three to one. The toe of the slope shall be set back a minimum of five feet from the edge of all RIGHT -OF-WAY and property lines. Existing NATIVE VEGETATION shall be incorporated into the BERMS with all slopes fully stabilized and landscaped with trees, shrubs, and ground cover. Landscape BERMS shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT. 1. Landscape BERMS located adjacent to Interstate 75 RIGHT-OF-WAY (1- 75). BERMS located ADJACENT to the 1-75 RIGHT-OF-WAY may be reduced to a maximum slope of 2: 1. Such BERMS shall be planted with native ground cover over an erosion control fabric, and native trees placed at 25 feet on center, equal in height to the height of the BERM and located within a minimum ten-foot wide level planting area. ~0 ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Lap.dscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:140. LDCIUDC SECTION: Old LDC section 2.4.3.5. and UDC section 4.06.05 G. LDC SUPPLEMENT #: 17. CHANGE: Add language to the landscape code specifying the distance a large canopy tree must be planted fÌom a building or sidewalk. REASON: This is in response to the complaints fÌom Homeowners Associations who are complaining about having to address trees that are uplifting sidewalks and creating liability. FISCAL & OPERATIONAL IMPACTS: It cost $1.50 per L.F. of6"x12" concrete barrier; and approximately $ .50 to $ 2.50 more than one L.F. of type D curbing. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTESNERSION DATE: This version created on 10/05/04 at 1: 1 0 p.m. Amend the LDCIUDC as follows: 4.06.05 G. [Sec. 2.4.3.5J. Installation and selection requirements for plant materials. .L Prior to the issuance of any certificate of occupancy for a use required to provide landscaping and irrigation in accordance with this section, all required landscaping and irrigation shall be installed and in place as set out in the plans approved under [subsections 2.4.3.1 and 2.4.3.2.] Chapter 10 of the Code. All plant materials must be installed in accordance with accepted landscape practices in the area and meet the plant material standards contained in Section 4.06.05 C. [2.4.4.]. Plant materials shall be installed in soil conditions that are conducive to the proper growth of the plant material. . 2. Limerock located within planting areas shall be removed and replaced with native or growing quality soil be~g. A plant's growth habit shall be Cf9 considered in advance of conflicts which might arise (i.e. views, signage, overhead power lines,. lighting, sidewalks. BUILDINGS. circulation, etc.). Trees shall not be placed w~ere they interfere with site drainage, subsurface utilities, or where they shall require frequent pruning in order to avoid interferences with overhead power lines and BUILDINGS. Small canopy trees shall be planted in small spaces having limited canopy space and root space. Large canopy trees such as Live Oak trees shall be planted a minimum of 15 feet fÌ'om a BUILDING. Large canopy trees that are planted closer than 15' to a building or within 10' of a sidewalk. paved area or underground utility shall provide root barrier. structural soils or other acceptable method of protection extending within 20 feet of such BUILDING. SIDEWALl{. paved area or underground utility. Tree and parking lot / pole lighting locations shall be designed so as not to conflict with one another. Parking lot / pole lighting shall not be located in landscape islands with trees and shall be located a minimum of 12.5 feet from the trunk of a tree. (See Figure x below). COMPATIBLE TREE AND LIGHTING DESIGN Figure X Compatible Tree and Lighting Design (kG:,) .1. Trees shall not be planted in areas that retain excessive quantities of water or will require excessive amounts of fill placed over the root system that will affect the health of the tree species. Required landscaping shall not be placed within EASEMENTS without written approval from all entities claiming an interest under said EASEMENT. 4. All trees and palms shall be properly guyed, braced and/or staked, at the time of planting to ensure establishment of the tree or trees and erect growth. Nail staking or other methods that cause cosmetic or biological damage to the tree are prohibited. Trees shall be re-staked within 24 hours in the event of blow-over or other failure of the staking and guying. Staking shall be removed between six and 12 months after installation. ~ All required landscaping shall be installed in accordance with plans approved under Chapter 10 of the Code. Landscaping within a SUBDIVISION development shall be guaranteed by a SUBDIVISION completion bond ill accordance with Chapter 10 governing the final platting of SUBDIVISION. 6. All required landscaping shall be maintained in a healthy condition in perpetuity as per the approved BUILDING and site plans. Code Enforcement may investigate deficiencies in approved landscaping and institute corrective action to insure compliance with this Code. 7. In instances where an act of God or conditions outside the control of the APPLICANT have prevented immediate installation, the plæmiß£ serviÐes direotor County Manager or his designee, if furnished with a statement which includes good and sufficient evidence that states that the required plantings will be installed when conditions pennit, may issue a temporary certificate of occupancy. If the required plantings are not installed when conditions pennit, then the county may revoke the certificate of occupancy. @ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Sie~ion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2004 Cycle II LDC PAGE: 2:162.3 LDCIUDC SECTION: Insert new Section 2.4.8. (UDC 10.02.06 J.) LDC SUPPLEMENT #: New language CHANGE: Add "Cultivated Tree Removal Pennit" language REASON: To institute the newly created "Cultivated Tree Removal Pennit". FISCAL & OPERATIONAL IMPACTS: The pennit costs $ 250. RELATED CODES OR REGULATIONS: Division 3.9 Vegetation Removal Permit. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This pennit is an extension of the "Vegetation Removal Pennit" issued by the Collier County Environmental Services Department. The difference between the two pennits is that the "Vegetation Removal Pennit" addresses removal of naturally occurring vegetation from sites. The "Cultivated Tree Removal Pennit" addresses removal of landscaping cultivated by man that is not naturally occurring and is not part of a required preserve area. Amend the UDC [LDC] as follows: 10.02.06 J. rSec. 2.4.8.1 Cultivated Tree Removal Permit. 1. Cultžvated Tree Removal Permit. Cultivated Tree Removal Pennits are required for the removal or relocation of any tree. palm or minimum code landscaping that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered removal: however. a pennit shall be obtained. A maximum of 10 trees per five (5) year period may be removed with a Cultivated Tree Removal Pennit. However. prohibited exotic tree removals are ex em t from this re uire t· an unlimited uanti of trees ma be removed through. the Cultivated Tree Removal Process. Naturally occurring landscapes shall require a Vegetation Removal Pennit: refer to section 10.02.06 C. rDivision 3.9.). 2. Applicabilitv. The provisions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05 r2.4.6.1. An owner, or an agent of the owner may apply for a pennit. If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no rejection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscaping. The Landscape Planner may approve an application for vegetation removal based on the following criteria: a. Vegetation can not be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to pennit nonnal growth and development of the affected tree(s). c. Other public health and safety circumstances as detennined by the county landscape architect. 4. Application requirements. An application for Cultivated Tree Removal Pennit shall be completed and submitted to the Zoning and Land Development Department. The application shall include the following: a. Proof of ownership such as a warranty deed or tax statement. b. A site plan depicting the location of proposed trees to be removed, proposed replacement trees, buildings, paved areas, structures and utilities. The Zoning and Land Development Review Department may require that said plans be prepared by a landscape architect registered in the State of Florida when the exotic prohibited tree removal exceeds the 10 tree limit. If the submitted site plan does not provide sufficient infonnation to detennine which trees will be affected by the proposed development. the Department may require that a tree survey of the site be prepared and submitted to the Department for review. c. A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. ~v d. Addressing Check List. 5. Permit conditions. The Landscape Planner shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one (1) of the following conditions: a. That the tree. if transplanted. will be moved. established and maintained using proper arboricultural and horticultural practices and as outlined in Chapter 4 of the Code rDivision 2.4.1. b. That the tree(s), if destroyed. be substituted with an equivalent replacement or replacements. approved by the county landscape planner. planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread. based on usual growth characteristics. 0D) - o Õ -..J Õ .þ. tt:;~ s¡ S' OQ ::I n n '" ::r g ~ . ~ t'n::l ::I 0 5' ~ n Õ. 3. ê3 :::I ~ OQ a- RoE; t'n~ ::I <: ~. õ~;J ~ ("') rtI C'Þ °õq"C g. E; ;:;.. a g. § ~.'g ~. ~ Õ' 8- u..., = ~ ~ g"cre:..:3 =.; 5. Õ g c.:S:~Q.. 5 ... 5' :3 OQ~OQn "C"C"C::;' nª ~ Õ :3 '" "C 0 . n Q.. ¡;:¡ 'S! ;¡ ... . t-i. õ' ~ Q '" ~ ~ n ~ n :g 0 a ~ ~ n ~& n Q.. QC ~cr ~a...¡ ... s:: s:: ::r ::I cr OQ ¡¡;. >n:r o - ..:: s:: ~ cr;:;'. 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S' = ÇII - ~ ~ I1Q ~ ÇII ~ - I -...J QC -- ~ n t'"" n 0 g'n = >'"d :3 ..., n 0 ="C c.o 3 '" n n = Q.. ..... ~ n n o ~ ~ = n go a. o = ?;: n ~ n s:: o c:r" 3 n 0 S 0 ~ n ª > š. ê. n I» ::;: g. g = ¡;:' n o ~ ~ g.n ..... õ' = ~ n c.nn I» 0 n g. § '"d = n n = , tt:; n (') ¡;:-:. I» S' OQ t:C (j (j ::I:: n ~ ::I. = OQ N ::I ... ::r ~ g~ N 0 ~ S' - ='g=OQtJ: Q..",Q.. n n Q.. ,..., Q.. ~\J ." N o o ..::::.. r § 0.. Ü ~ -< ~ õ "t:j 3 ~ ::s ~ n o 0.. ~ :> 3 ~ ::s 0.. 3 ~ ::s ~ ~ (j ~ (j ~ ~ N r.f) ::: § ~ r.f) ::r' ~ ~ ~ LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Department AUTHOR: Susan Mason/Barbara Burgeson DEP ARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: 3:106.7 LDCIUDC SECTION: old LDC 3.5.11.3.1 and UDC section 3.05.10 C. LDC SUPPLEMENT #: 16 CHANGE: The proposed amendment clarifies how properties with lakes approved under less effective requirements having littoral zones that are no longer functioning will gain compliance. The new language requires an assessment of the reason for noncompliance as opposed to the existing language where the assessment is only discretionary. REASON: Lakes permitted prior to the LDC amendment creating Littoral Planting Shelf Areas (LPSAs) were constructed with 4: 1 slopes. In many situations, these steep slopes do not allow for survival or functioning of the required littoral plants. The proposed amendment would remove confusing language and clearly state how lakes where littoral areas are not functioning and are not in compliance will come into compliance. Although the current LDC section lists specific criteria that shall be followed for these types of situations, the use of the word "may" in the introductory sentence is contradictory to the intent of this section, which was intended to specifically require that the subsequent criteria be met for previously approved projects that no longer have functioning littoral shelves. Since this is inconsistent with the intent of the section, staff recommends that "may" be replaced with "shall" in the first section in order to be consistent with the subsequent criteria. FISCAL & OPERATIONAL IMPACTS: This proposed change will not require any additional staff time since staff would still be involved in processing a compliance case for projects where the required littoral zones are no longer functioning. Staff estimates that the required assessment will require approximately 20 to 40 hours to complete. At $75 per hour, the cost of the assessment would be in the range of$1,500 to $3,000. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Consistent Conservation and Coastal Management Element. ® with Policy 6.1.7 of the Draft - 10-05-04 OTHER NOTESNERSION DATE: Version created on 10/5/04 at 11: 3 0 a.m. Amend the UDC [LDC] as follows:' 3.05.10 C. [3.5.11.3] Application to existing lakes. All previously approved projects shall meet the Operational requirements required set out in 3.05.10 B. [3.5.11.2] above. 3.05.10 c.t. [3.5.11.3.1] Projects approved and constructed according to previous standards may have to and do not meet the operational requirements of 3.05.10 B r3.5.11.21. shall meet the HeW current standards if the littoral shelYes a:re no loager funetionÌag, subject to the following criteria: a. The amount of planted area shall be the same as that required in the original approval; b. The property owner shall assess the existing slopes and elevations in order to detennine the appropriate location of the plantings subject to the criteria found in 3.05.10 A.3. [3.5.11.1.3.] The planted area shall be consolidated as much as possible subject to the criteria found in 3.05.10 A.2. [3.5.11.1.2.] c. Subject to the assessment described in b., the existing planting slopes should be as flat as possible but the 8:1 requirement of3.05.1O AA. [3.5.11.1.4] shall not be required. Re-grading of existing slopes will not re required. d. Plant selection and specifications shall confonn to 3.05.10 A.5. [3.5.11.1.5]; e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6. [3.5.11.1.6.] f. A written assessment and site plan shall be required if it is detennined bv the assessment of the lakes that the new littoral shelf planting area will differ from the approved plan of record. (j-~ Draft - 10-05-04 LDC Amendment Request ORIGIN: Community Development and Environmental Services Department AUTHOR: Stan Chrzanowski / Barbara Burgeson DEPARTMENT: Engineering/Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: 3:106.7 LDCfUDC SECTION: old LDC section 3.2.8.3.6. and UDC section 4.06.04 A.I. LDC SUPPLEMENT #: 15 CHANGE: The proposed amendment modifies the criteria for allowing properties to clear and fill building pads prior to obtaining building permits. REASON: To allow more flexibility for clearing building pads and single family lots before building permits are obtained. FISCAL & OPERA TIONAL IMPACTS: There would be additional reVIew time and associated fees for review of new permits. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the UDC [LDC] as follows: 4.0~.9~ Trees aBd VegetatioB PreteetioB A. Generally 1. Cl-ooržng, grading ami fiUžng: Draft - Clearing of woody vegetation reqaires a permit exceþt that owners of LOTS '.'lith an eJdsting single family home other than in Golden Gate Estates may remove non native and native woody vegetation without permits unless spac""'" tree, Ma Hwelva~ "....1",£ of£eq,Ü£e" Baliva tree, ,hilll 8-2-04 be maim:ainød as røql:lirød èy seetiaR 4.06.05 /.... a. Per..¡<¡Úuod l'tjJme",lfJ.! Ð,¡~".'f3gekltie1'l: 1. SUBDIVISIONS: Resiàemial, eammereial or iRdl:lstrial SUBDIVISIONS, HJ30R appro~lal of eonstruetioR 4ra~.\'iRgs for the entire projeet or any giveR phase thereaf, may olear for the oonstruetion of the iRÍFastrueture wÜhi.£ that phase. Road RICHTS OF '~'}..Y, and àmÏRage and aâlity EASEIUENT areas may be eleared. a) "Nater managem~Ðt areas reql:liriHg e1(ea~lation permits may be el.eared l:IpØR Issuanee of afI. exe£watiøR permit and a req1:llred separate vegetation remo'lal permit. b) lRdividual siRgle family LOTS ar BLOCKS afLOTS may not be eleared unless a se¡3aratø 'legetatiaR removal and site filling permit (VRSFP) is obtained as required by seetion 4.06.01 ..^...1.a.3. 11. Sitc DEVELOPl\fENT p!fJ.1'lS (SDPs): a) Cel'1119lCl'CifJ.! fJ.1'ld indblSms.!: ..^..pprayal af a 6ammereial or industrial SDP or SIP iFlell:ldes permission to elear f-ar all infrastruemre i~ro'lemeFlts B:Rd for the BUlLDINC pad as sho...:n on the appraved SDP. b) Rcsidontis.! SDPs: ¿'\ppro'lW of a resideRtial SDP iRe lades pe~ission to elear for infFastrueœe only. CleariFlg and filling ofBUILDINC sites is Rot pem.=Htted Wlless a separate vegetatiøn removal and site filling permit is obtained as required by seetiaR 1.06.04 ..^...1.a.3. 3. Vcgekltie.~ romewÛ and site fiUing pel'lilits (VPSPPs): a) ..^.. deyeloper '",ill be permitted ta slear HJ3 ta 25 aeres of residential, eommereial, or ædustrial LOTS to store 0xeess fill geBørated by lake eKeavatioBs wit.hiR the PUD or projøet '.vflere the exea':atiaR is taking plaee. b) ..^..n appro'led SDP or an appro'led plat mast exist for the PARCEL OR whieh the fill is ta be stered. Draft - 8-2-04 0) The applieation to "elear and fill" in erder to store eKeess fill mast be aoea~anied by a plan àra'.YR OR fue approved SDP or Plat~ the followiBg: ~ i) The limits of each sep8.i"ate stoekpile must be dearly ,delineated and the area, height, cross seotion, and yolume of eaøh iRdi'1idual stookpile F1T1:lst appear on the drawing referenced to the stoekpile. Slopes must not bo steeper than a ratio of 4: 1. ii) The type of vegetation to be remoyed must be sho'¡,'11 on the dra':¡mg. iii) The se1:1i"ee of the material, sach as lake number (lake f:f) for eaeh stoek pile ml:lst be indicated OR the dra':¡ing. iv) Clearing to store excess fill will be )3ermitted in maximum bloeks of 25 aores at a time. '.Vhen a 25 aere BLOCK is nearing oa)3aeity, )3ermission to exca';ate additional 25 aøre BLOC~ may be applied for. d) To allow fer safety dmi.ng tree remo'¡al, if a de','eloper O'.\'ns oontiguoas single family lots, the trees on the single family lots direetly ADJ.\CENT to a LOT where a house is under construetion may be removed, if rÐfB:o';al at a future date may be a danger to life or property. .\ VRSFP must be granted prior to removal enhese trees. e) RevegetatioR: For VRSFPs ':;ithin SUBDIVISIONS, a re','egetation bond in the form of a performance bond, letter of eredit, or cash Bond and in the amOl:lnt of $5,000.00 pOI' acre F1T1:lst ee posted. ±) \Vhen fill is used to bring BUILDINC LOTS to desITed construetion elevatioRs, those lots shall immediately be seeded, to pre'.'em erosion and exotic seed infestation. g) Any stockpile in place for more than six months must be sodded or h:ydroseeded. Failure to do so withiR 14 calendar days of notification by the eouE:ty will result in a fine of $10.00 per acre, per day. h) m the event that anY)3ortion of the stockpile is in plaøe for tvlO years, the eORnt)' will order the fill to be removed and the land to be revegetated. i) The density and type ofreyegetation shall dosely matoh nearby eeosystems, but shall not be less than 64 trees per aere with a.ssociated mid story and groundcover. 4.06.04 A.I. r3.2.8.3.6.1 Vefletation Removal and Site Fillinfl: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Ve etation Removal and Site Fillin ermit unless exem ted b section 3.05.04. The Draft - 8-2-04 Vegetation Removal Permit process is governed by section 3.05.04. a. Permitted removal ofveJ!etation or site fillinJl with an aDDroved VeJletation Removal and Site FillinJl Permit (VRSFP). Site DEVELOPMENT Plans (SDP) or Plat and Construction Plans (PPL) 1. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County. 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled. a VRSFP must be obtained prior to removal of this vegetation. 11 To allow for safety during tree removal. if a developer owns contiguous single family lots. the trees on the single family lots directly ADJACENT to a LOT where a house is under construction may be removed. if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear UP to 25 acres of residential. commercial. or industrial LOTS or building sites to store excess fill generated by lake excavations within the PUD or proi ect where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. a) Plat and Construction Plans: Clearing for the construction of the infrastructure. such as road rights-of-way. and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential. commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. The limits of each separate stockpile must be clearly delineated and the area. height. cross-section. and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. The type of vegetation to be removed must be shown on the drawing. Draft - 8-2-04 The source of the material. such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must iustify the need to clear the proposed area. (¿~) Draft - 8-2-04 b) Site DEVELOPMENT Plans (SDPs) and Site Improvement Plans (SIPs): Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. b) Residential SDPs: Clearing for the construction of the inftastructure. such as road ri¢lts-of-way. and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. The limits of each separate stockpile must be clearly delineated and the area. height. cross-section. and volume of each individual stockoile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. The type of vegetation to be removed must be shown on the drawing. The sow'ce of the material. such as lake number (lake #) for each stockoile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c. A portion of the 25 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 10 acres and those lots shall immediately be stabilized and seeded. to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. IV. No VRSFP will be issued without first submitting copies of all required approved agency permits. regardless of whether the pennit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to 25-acres of clearing and filling is nearing capacity. pennission to clear and fill UP to an additional 25-acres to use excess lake material may be applied for with a new VRSFP application. VI. A VRSFP will be issued to authorize greatèr than 25 acres of residential. commercial. or industrial lots to store excess fill generated by lake excavations within the PUD or proiect where the excavation is taking ~~. ~ the property used for storing ~ Draft - 8-2-04 excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revefletation: For VRSFPs within SUBDIVISIONS. a revegetation bond in the fonn of a perfonnance bond. letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. When fill is used to bring BillLDING LOTS to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. All fill areas for lots or stockpiles must have erosion control silt fencing. Any stockpile in place for more than six months must be sodded or hydro seeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $1 0.00 per acre, per day. In the event that any portion of the stockpile is in place for greater than 18 months. the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems. and must not be less than 64 trees per acre with associated mid-story and groundcover. @ ..- o Õ -..J -- o .... "'d Ø> ::1. o :-;- ~ Ji > '" '" :-- n ~ 5 ~ ~ ~ o ::; rø Ø> <: ~ ¡;;-~::¡¡> o f't e. Q.. if Q.. S' ~ 5' ::I. ::; ~ ~~Q..Ø> "O_c::; ri';~Ø> '" ... 0 c::r (1)O_Sf ~ ~ if (1) 8. c.. ::; :S. C (1) Ø> ¡;. ri .., :::. (j)' rn :s § n ¡;. '< Ø> ,<Ø>Er::; O-Ø>Q.. - Ø> ::Þ Ø> rø ri (1) Q.. g:.~ ~'8 tJ ~~3R gg~8. . Q.. 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White, Assistant County Attorney DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC1:13 LDC/UDC SECTION: fonner LDC Division 1.7; [UDC § 9.02.00.] LDC SUPPLEMENT #: None CHANGE: Update the regulations and procedures for a property owner to assert claims of vested rights; and to establish regulations and procedures required to be followed prior to seeking other remedies afforded under law for an alleged taking. REASON: Affords an affected property owner and Collier County with processes to recognize and evaluate claims of vest ed rights or takings of private property and fashion appropriate remedies, as may be deemed warranted. FISCAL & OPERATIONAL IMPACTS: None, other than costs to process and review applications, retain a qualified hearing officer, and conduct public hearings, as needed. Reasonable fees for such services are anticipated to be added to the current fee structure. RELATED CODES OR REGULATIONS: LDC § 3.15.7.2.6., et seq. [UDC § 10.02.07.] (if approved, these sections would be deleted from the LDC in the next cycle as they would then duplicate these proposed provisions); and Code of Laws and Ordinances §§ 106-41 & 106-46. GROWTH MANAGEMENT PLAN IMPACT: These prOVISIons implement the Future Land Use Element's Overview provisions under C. Underlying Concepts, pertaining to Protection of Private Property Rights, and D. Special Issues, pertaining to Vested Rights. OTHER NOTESNERSION DATE: September 9, 2004, at 8:52 p.m. These amendments were created on Amend the UDC [LDC] as follows: ~ ~ Sec. 9. 02.00. Vested Rights & Takings Determinations. A. Landowners claiming that certain of their property rights have either: a) vested prior to establishment of this code on November 13, 1991, or prior to the effective date of any amendment or revision to this code, including the claim to a right to an Adequate Public Facilities Certificate (APFC), or b) been unlawfully taken, may use the vested rights detennination process and takings detennination process under this section, as either or both may be applicable. Both processes are to be administered as provided for in this section and are intended to ensure landowners are afforded adequate procedural due process by providing for required notice, public hearing, the right to present and rebut evidence, create a fonnal, written record, and an impartial hearing officer, as may be applicable under these processes. B. Claims or suits against Collier County, including its board of county commissioners, whether sued individually or collectively, and any official thereof, which: a) allege vested rights or equitable estoppel, or b) challenge the denial, revocation, suspension, or any other limitation or restriction set forth in a development order or development permit, or any other governmental act of Collier County as a temporary or pennanent taking of private property, including claims or suits of an inordinate burden of private property, cannot be deemed final action or a final order of the County in any court or quasi-judicial proceeding unless and until the processes provided for by this section have been fully complied with and exhausted. C. The provisions of this Code are expressly intended to regulate landowners' rights to develop their property in the unincorporated areas of the county as may be necessary to protect the public's health and safety and to promote its general welfare without violating landowners' legally vested rights obtained in accordance with Florida common law and statutory law, particularly F.S. § 163.3167(8). Sec. 9.02.01. Applications for Vested Rights Determinations. A. Applications for a detennination of claimed vested rights must be submitted along with the initially required application fee in the fonn established by the County and must be sworn to or comply with § F .S. 92.525, for declarations made under penalty of perjury. In order to be considered timely, all applications must be filed within one year of the effective date of this Code, or of any amendment or revision to the Code, against which the landowner claims to be vested. Failure to timely file such application within the one- year period will act as a landowner's waiver of the claimed rights and bar all claims for vested rights or equitable estoppel for the landowner's property. Applications must include: 1. name, address, and telephone number of the landowner, and of any authorized agent(s); 2. street address, legal description, and acreage of the subject property; and 3. all facts, documents, records, attachments, appendices, exhibits, or other Cl0 information reasonably available to the landowner through diligent research which are considered by the landowner to be relevant and which would tend to establish the criteria for a' vested rights determination set forth in section 9.02.05. The application should include any information the applicant considers necessary and that would substantiate those facts supporting the claim. The guide for inclusion of information should be whether the infonnation would constitute competent, substantial evidence in a quasi-judicial or judicial proceeding. 4. all legal arguments in support ofthe claims alleged, and 5. any relief or remedies proposed to resolve the claims alleged. 6. the signature of the landowner or any attorney for the landowner. Signatures affixed to an application will constitute certification that the person signing has read the document and that to the best of the person's knowledge it is supported by good grounds and that it has not been submitted solely for purposes of delay. B. Applicants may include such infonnation under § 9.02.10. B. 3. a. - g., as they consider necessary to establish their claims. C. A landowner and any attorney for the landowner has a continuing obligation to amend or correct any document submitted with the application which is incorrect because of changed circumstances or which was found to have been incorrect. Sec. 9.02.02. Determination of completeness. After receipt of a fully paid application for a determination of vested rights, the county manager will detennine if the information submitted with the application is complete. If the application is determined to not be complete, the county manager will provide notice to the applicant in writing of all deficiencies found within five (5) days. The county manager will take no further steps to process or review the application until all deficiencies have been adequately remedied or the county manager is notified by the landowner that no further information will be provided. Sec. 9.02.03. Review of application by county manager and county attorney; determination or recommendation. Completed applications for determinations of vested rights, i.e., those deemed sufficient for review, will be reviewed by the county manager and the county attorney under the criteria in section 9.02.05., within forty-five (45) days. Based on their review, the county manager and the county attorney will thereafter within ten (10) days either: a) enter into a written stipulated determination of vested rights with the owner, or b) make a written recommendation to a hearing officer for a determination that the application should be denied, granted or granted with conditions. A. If the county manager and the county attorney agree that the application for a detennination of vested rights so cle~~tes that the requested relief should be <6 ( . granted or granted with conditions acceptable to the landowner, then they are authorized to enter into a stipulated determination of vested iights with the landowner on behalf of the County. The county manager's and the county attorney's written determination must include: a) their findings of fact based on the criteria established in section 9.02.05., b) their conclusions of law for such criteria, c) their findings of consistency with the growth management plan and the Code, as applicable, and d) the specific relief to be afforded by the determination, which must be signed by the county manager and the county attorney, as well as the landowner. B. If the county manager and the county attorney do not agree after their review that the application for determination of vested rights so clearly demonstrates that the requested relief should be granted or granted with conditions acceptable to the landowner, then they will prepare a report for consideration by a-qualified hearing officer which recommends that the requested relief should be granted, granted with conditions, or denied. The written recommendation to the hearing officer must include: a) their findings of fact based on the criteria established in section 9.02.05., b) their conclusions of law for such criteria, c) their fmdings of consistency or inconsistency with the growth management plan, as applicable, and d) the specific relief to be afforded, if any, in whole or in part, by the determination. The procedures to be followed for qualification and selection of the hearing officer are those set forth in § 9.02.04. The procedures to be followed for the hearing officer's review of the claim, public hearing, and issuance of a written determination are set forth below in §§ 9.02.04., and 9.02.06. Sec. 9.02.04. Hearing officer review and vested rights determination. A. In the event that all of a landowner's claims are not fully resolved by the process under § 9.02.03., the county manager will solicit for a hearing officer who must meet the following minimum qualifications: a) be an attorney admitted to practice before the Supreme Court of the State of Florida, b) have demonstrated knowledge of administrative, environmental, and land use law and procedure; and c) agree to hold no other appointive or elective county public office or position during the period retained. A qualified hearing officer selected by the county manager and county attorney will be retained immediately upon the landowner's payment of any additional fees required for a hearing officer's determination of vested rights. Once retained, the application, written recommendation of the county manager and county attorney, and all supporting documentation, collectively considered to be the then existing official record of the claim, will be provided to the hearing officer for review. Within fifteen (15) days of notice of retaining a qualified hearing officer, the claimant must provide the hearing officer and all other parties a list of the names and addresses of any witnesses which the claimant intends to present in support of its claim and a summary of the testimony of each witness. In no event, however, will the requisite public hearing be scheduled or noticed until the list and summary are properly provided. B. At any time after thirty (30) days from receipt of the official record, the hearing officer is to conduct a properly noticed public hearing. The hearing will follow such rules of procedure for quasi-judicial, civil P~3 as the hearing officer may consider are ~~. reasonably required to afford all parties procedural due processe and as follows. The parties entitled to appear before the hearing officer are the county, the landowner, and those members of the public who have timely notified the county manager and hearing officer of their intention to be considered as affected persons under § 9.02.04 C., below. In the event that any affected person's claimed status as a party is challenged by another party, the hearing officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standing set forth in Florida jurisprudence. The order of presentation before the hearing officer will be: a) the landowner, b) the county, and c) any affected person(s). Although the public is invited to attend the hearing, members of the general public may not participate unless testifying as a party witness under one of the three categories above. C. Affected persons intending to participate as a party in any hearings held as part of the vested rights determination process must submit written comments and pertinent factual information and data to the county manager for inclusion in the official record within fifteen (15) days of the landowner's mailing of notice to all persons as set forth in § 9.02.06.A. The pertinent factual information and data will be reviewed and considered by the county manager and county attorney, and when applicable, will be submitted to the hearing officer as an attachment to the county attorney's and county manager's recommendation to the hearing officer and become part of the official record. The names of affected persons intending to appear as a party witness, along with a written summary of their testimony, must be submitted to the hearing officer no later than ten (10) days prior to the advertised date of the hearing officer's public hearing. Sec. 9.02.05. Criteria for vested rights determinations. A. This section is intended to establish criteria for vested rights determinations that strictly adhere to, and implement, existing Florida statutory and case law as they relate to the doctrine of vested rights and equitable estoppel. Each determination is to be made on a case-by-case basis in light of these criteria and the specific factual and legal analysis of that claim. Landowner's claims should not be afforded the relief or remedy sought unless the landowner demonstrates by substantial competent evidence that it's entitled to complete it's development without regard to the otherwise applicable provision(s) of this Code based on either: a) meeting the provisions ofF.S. § 163.3167(8); or b) that: 1) upon some act (such as enacting the challenged provision of this Code) or omission of the county, 2) the landowner relying in good faith, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired to apply the challenged provision. B. The provisions of Code of Laws § 106-46 (i) Criteria for Vested Rights, (2) & (3), may be used as an additional guide for consideration of the second and third criteria in A., above. Sec. 9.02.06. Required notices for vested rights determination process, including public hearings. @ A. Within fifteen (IS) days of the date of receipt by the county of a completed application for a vested rights detennination, the landowner must provide notice of the submission of the application by: a) prominently posting on the property for which the vested rights detennination is sought a sign advising of the substance of the claim of vested rights and otherwise complying with § 10.03.05. B. 1. as to timing and otherwise, a. or .b., only, and B. 2. through 4., as applicable, and b) mailing notice to all property owners within 300 feet of the property lines of the subject property. The mailed notice must briefly state the nature of the claim and must be made via certified mail, return receipt requested, sent at the landowner's expense. B. Public notice for vested rights detennination hearings held pursuant to § 9.02.04., or § 9.02.08., must be provided by publication at least one time in a newspaper of general circulation at least fifteen (IS) days in advance of any public hearing stating the time, place, purpose of such hearing, including a brief statement of the nature of the claim. C. For those claims not resolved under § 9.02.03., the landowner must additionally provide the type of mailed notice described in A., above to all persons who have notified the county manager that they should be considered as an affected person at least twenty (20) days prior to the hearing officer's public hearing. D. For those claims not resolved under § 9.02.08, the appealing party must additionally: a) provide the type of mailed notice described in A., above to all other parties at least fifteen (15) days prior to the public hearing, and b) publish the notice for the public hearing required under B., above. Sec. 9.02.07. Issuance of a vested rights determination by hearing officer. Within fifteen (15) days after the completion of the hearing officer's public hearing, the hearing officer will render a detennination denying, granting, or granting with conditions, all vested rights claimed by the landowner. The detennination must be based upon the hearing officer's review and consideration of the official record which will include the application for detennination of vested rights, the recommendation of the county manager and the county attorney, and the evidence and testimony presented at the public hearing by all parties. The detennination must be in writing and specifically set forth enumerated: a) findings of fact, and b) conclusions of law for each criterion of § 9.02.05., as applicable to each claim. The detennination must also state the specific relief or remedy afforded the landowner, if any, and detail any conditions which the landowner must comply with to obtain such relief Sec. 9.02.08. Appeal of hearing officer's vested rights determination. Within 30 days after the hearing officer's written detennination of vested rights being rendered, either the county or the landowner may appeal the detennin~tion to the board of county commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affinn the hearing officer's detennination of vested rights~hout modifications or conditions, or b) ~ reject the hearing officer's detennination, except that the board may not modify the detennination or impose conditions, or reject the hearing officer's detennination unless the board expressly finds that one or more of the hearing officer's findings of fact or conclusions of law is not supported by competent substantial evidence in the official record, or that the hearing officer's determination otherwise specifically failed to properly apply one or more of the criterion in § 9.02.05. Because the law in the area of vested rights and equitable estoppel is constantly changing in both substance and interpretation, the board should be guided by advice from the office of the county attorney regarding interpretations of appropriate considerations in its deliberations. Sec. 9.02.09. Expiration of vested rights determinations. Any relief granted by a vested rights detennination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years ITom the date it was granted. Thus, all detenninations of vested rights which are granted, with or without conditions, expire and become null and void two (2) years ITom the date finally issued, i.e., the last of either: a) the latest date signed as a stipulated agreement, b) the date rendered by a hearing officer, or c) otherwise finally detennined following any appeal; unless: I) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to an approved final development order or pennit, and 2) construction continues in good faith under then applicable regulations for development. The two (2) year time limitation to commence and continue construction will only be stayed for any time period during which construction is prohibited, deferred, or delayed by the county due to inadequate public facilities, as otherwise provided for by this Code. Sec. 9.02.10. Process for review and remedy of taking claims. A. Scope. This section applies to: 1. a landowner's claim which would otherwise arise in a court of competent jurisdiction as a taking of property without just compensation under any law applicable to the county and that arises ITom: a. the denial of property or development rights sought as part of a development pennit or development order, or b. the application of any other provision of the county's comprehensive plan, its implementing land development regulations as stated in this code, or other ordinances; 2. persons denied a claimed remedy sought as part of a vested rights detennination under §§ 9.02.00. - 9.02.09., of this code; and 3. any aggrieved or adversely affected party meeting the standard for "standing" defmed in F.S. § 163.3215(2), and alleging that the grant or issuance to another person of a development order or development pennit by the county constitutes a taking of his property. @ 4. Notwithstanding the provisions set forth above, this section does not apply to takings claims arising as part of a condemnation or eminent domain action to which the county is, or may be, a party. B. Administrative procedures for filing and documentation of takings claims. 1. All takings claims must be filed with the county manager and be accompanied by such fee as may be required. 2. Any person filing a takings claim must affinnatively demonstrate the validity of the claim alleged by submitting a sworn statement setting forth the facts upon which the takings claim is based. The sworn statement should include any infonnation the applicant considers necessary. As such, a statement may contain attachments, appendices or exhibits that substantiate those facts supporting the claim. The guide for inclusion of infonnation should be whether the infonnation would constitute competent, substantial evidence in a quasi-judicial or judicial proceeding. 3. In addition to a demonstration of a potential taking claim, the applicant's evidence should also provide that infonnation necessary to fashion a remedy, should a potential taking claim be found to exist. As part of a typical claim package, the sworn statement required by this subsection should support the claim for a remedy by including any additional affidavits, copies of drawings, contracts, recordings, reports, letters, appraisals, or any other fonn of documentation or infonnation that may apply, including, but not limited to: a. the transcript or record of any previous hearing where the claim is alleged to have arisen, b. evidence of the expenditure of funds for land, the acquisition of which provides the basis of the taking claim, c. evidence of expenditures of funds for planning, engineering, environmental, and other consultants for site plan preparation, site improvement or other preparation, or construction, d. evidence of expenditures for construction of actual buildings in accordance with an existing or prior development order or development pennit issued by the county, e. any relevant donations or dedications of real property or any other property interest made to the county for the following purposes: i. roads or other transportation or public utility facilities, ii. access (ingress/egress) or rights-of-way, iii. drainage easements, iv. parks or recreation/open space, v. retention/detention areas, vi. preservation or conservation areas, or vii. any other purpose consistent with t4e provIsIOn of services for any element of the county's comprehensive plan; which are either on- or off-site with respect to the property involved in the claim, 00 f. evidence of costs of construction of any roads, sidewalks, stonnwater detention/retention or drainage facilities, sewer or water facilities, parks, etc., which would be either on- or off-site, and part of a plan pennitting development on the subject property, g. other development orders or development pennits issued by the county with respect to the property involved in the takings claim, and any related federal, state or regional pennits. 4. As part of a sworn statement, the claimant is required to provide a list of the names and addresses of any witnesses which the claimant will present in support of the claim and a summary of the testimony of each witness. 5. Additionally, the claimant should consider submitting as part of its sworn statement infonnation which: a. demonstrates that the claimant has acted in good faith and without knowledge that changes to applicable ordinances, resolutions, or regulations might effect his development expectations. In establishing "good faith," the claimant should consider submitting infonnation which affinnatively states that the claimant: i. has not waived, abandoned, or substantially deviated from related prior county development approvals; ii. has not, by act or failure to act, consented or assented to changes in related prior county development approvals; iii. has, at all times relevant, confonned with the applicable laws, rules, and regulations of the state and the county; b. if applicable, details the specific governmental act, ordinance, resolution, regulation or comprehensive plan provision that the claimant believes gave rise to the takings claim. 6. The signature of the claimant, or any attorney for the claimant, upon any document submitted as part of a sworn statement will constitute certification that the person signing has read the document and that to the best of the person's knowledge it is supported by good grounds and that it has not been submitted solely for purposes of delay. Further, the claimant and any attorney for the claimant will have a continuing obligation to amend or correct any document submitted which is incorrect because of changed circumstances or was found to have been incorrect. 7. If the board of county commissioners makes a detennination and finding that the sworn statement submitted as part of a taking claim is: a. based on facts that the claimant or any attorney for the claimant knew or should have known was not correct or true; or b. frivolous or filed solely for the purposes of delay; then the board of county commissioners, in addition to the penalties set forth in § 10.07.00. A.2.e., may pursue any remedy or impose any penalty provided for by law or ordinance. C. Review, hearing and standards for takings claims. 6Î~ 1. Within five working days of filing a sworn statement (and any accompanying infonnation) as part of a takings claim, the county manager will detennine whether the statement received is complete. If the statement is deficient, then the claimant will be notified, in writing, of the deficiencies. 2. Once a statement is complete, or the claimant has infonned the county manager that no further infonnation is forthcoming, the county manager will timely review the application, provide requisite public notice consistent with § 9.02.06 B, and schedule a properly noticed public hearing before the board of county commissioners on the takings claim. 3. At the scheduled public hearing, sworn testimony and relevant evidence which meets the criteria of subsection B. above should be offered into the record to support the claimant's position. The county manager and staff, and county attorney personnel may offer testimony and evidence, or opinions as may be relevant to the hearing. 4. No later than 30 days after the board of county commissioners closes the public hearing, the board will make and report a conclusive, final decision based upon the record presented. Nothing in this subsection will prevent the board' from deciding to continue the hearing to a time-, date-, and place- certain to give staff the opportunity to prepare alternatives, in consultation with the applicant, or to give staff or the applicant the opportunity to prepare responses to questions which the board may have regarding infonnation presented at the hearing. 5. Because the law in the area of takings is constantly changing in both substance and interpretation, the board of county commissioners should be guided by advice from the office of the county attorney regarding interpretations of appropriate considerations in its deliberations. In evaluating whether a valid taking claim is presented by the record, and what the measure of relief to be provided to the claimant should be, if any, the following factors will be taken into consideration: a. whether and to what degree the challenged regulation or combination of regulations has resulted in any physical invasion of the claimant's property by the county or others; b. whether the challenged regulation, or combination of regulations, has resulted in a denial of all beneficial use of the claimant's property by the county and, if so, whether the logically antecedent inquiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to begin with; c. whether and to what degree the claimant's expectations of use were investment-backed; d. whether and to what degree the claimant's expectations of use were reasonable in light of the following circumstances as they may apply: i. the logically antecedent inquiry into the nature of the landowner's estate shows that the prescribed use interests were not part of his title to begin with; (8'%) ii. the existing land use and zoning classification of the subject and nearby properties, as may be relevant; iii. the. development history of the subject property and nearby properties; iv. the suitability of the subject property for the intended or challenged development or use; e. whether and to what degree the intended or challenged development or use has or would cause any diminution in value of the subject properties, or any relevant properties arising from § 9.02.10 A.3.; f. whether and to what degree any such diminution of property values has promoted the public health, safety, morals, aesthetics, or general welfare, and was consistent with the county's comprehensive plan; and g. to what extent the public would gain from the intended or challenged development or use compared to any resulting hardship upon the claimant alone. 6. Any relief to be provided a claimant will be limited to the minimum necessary to provide a reasonable, beneficial use of the subject property and may be in the fonn of alternative uses of additional development intensity which may be severed and transferred, or other such non-monetary relief as is deemed appropriate by the board of county commissioners. Any relief granted will be presumed abandoned and expire if not utilized for its proper purpose within one year from the date it was granted. Subsequent applications under this section may review the expired decision for possible reinstatement, with or without modification as deemed necessary under then existing conditions. D. Appeal of takings claim. Any claimant aggrieved by the fmal decision of the board of county commissioners may seek judicial review of the board's decision by timely filing an action in a court of competent jurisdiction. ~J) LDC Amendment Request ORIGIN: County Attorney's Office AUTHOR: Patrick G. White, Assistant County Attorney DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/ A (new abbreviations and definition) LDC/UDC SECTION: 10.08.02 old LDC Divisions 6.2. and 6.3. and ODC sections 1.08.01 and LDC SUPPLEMENT #: N/A (new language) CHANGE: Adding an abbreviation and a definition REASON: Due to the newly drafted vested rights procedures that are also being presented this Cycle. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Section 9.02.00 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 12:39 p.m. This version was created on September 16, 2004 at Amend the UDC [LDC] as follows: 1.08.01 Abbreviations * * * * * * * * * * * * * ALF Assisted Living Facility APFC Adequate Public Facilities Certificate ( APFC) ASTM American Society for Testing and Materials * * * * * * * * * * * * * 0~ 1.08.02 Definitions ' Landowner: Any owner of a legal or equitable interest in real property, and includes the heirs, successors and assigns of such ownership interests, including developer's holding development rights susceptible to claims of vested rights or takings. Taldnfls claim: Any claim that falls within the scope of section 9.02.10. of this code, whether claimed to be temporary or pennanent in character. @ - 0 ~o '=' õ 00 g ë. = rÐ -.J .g (") õ ¡:t, ~ OQ ~ 0 rÐ ~ = 3 ~ .... UI /II rÐF- ., 0 ~ ~ w 00 0 e.. ~ 00 ë.; C1I t""" a. 0 ~ '"0 o n III III = '" OQ õ' C1I ;0 N - Q "1 o rÐ ::r.c III III 5. > =;tio- 0-030- "1 õ' rÐ S' rÐ "1 = OQ o 0" ... 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U ('t) <: ('t) ...- 0 :;c "0 rÐ S 0 ('t) 0 :::I I t'1i ..... > n n 0 g- o.. ::to ('t) 0 = ~ ~ (b 00 ('t) o ::: o c:r :::I § 0 0 0.. o Cf.) S (b ~ > 8. . n ('t) :::I Þ> ::; ..... ::to rÐ Cf.) o (1) = I :;c n rÐ ~ 0 0 n § ~ ~ rÐ > ~ 5.n N III ::to eI) 0 = ~ ~ ~ g-°n ~ o n g. § '"0 = rÐ n eI) " :::I" ('t) ('t) ..... t:¡; (J (J ::I: .... rÐ ~ I» ::I. = OQ t:I:I n n ::I: N " C1I "" Þ> :1. ::s I)CI ::r '0 (1) "1 I» - NO I» ::I, ='0 = = t:¡; o-~ c.. (JQ n (1) ª"n c.. rt LDC Amendment Request ORIGIN: Solid Waste Management AUTHOR: Denise Kirk DEPARTMENT: Solid Waste Management AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC2: 188.4 LDCIUDC SECTION: old LDC section 2.16.15. LDC SUPPLEMENT #: Supplement 17 CHANGE: Adding recycling receptacle requirement. REASON: To enhance community character by addressing garbage and recycling receptacles. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: 9.04.00 (Variances) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: The Ordinance number will need to be incorporated into the language as soon as it becomes available. Version created on 10/05/04 at 1:05 p.m. Amend the LDCIUDC as follows: 5.03.04 [Sec. 2.6.15.] Dumpsters and Recvcline:. SOLID WASTE disposal and recycling (Ordinance No. 04-XX) shall be required in the fonn of bulk container service (garbage and recycling du.mpstørs and/or compactors receptacles) for all commercial and industrial establishments and multi-family projects not receiving curbside garbage and recycling pickup. SOLID WASTE disposal and recycling shall be required in the fonn of curbside pickup for all units on the Mandatory Trash Collection and Disposal roll. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or ~0 garage for the storage of individual SOLID WASTE containers, or as otherwise pennitted below. A. Trash container location requirements. 1. All trash or recycle receptacles shall be located so as to be easily accessible to the residents and the solid waste hauler. 2. Dumpsters and their enclosures may be located within a required yard provided that they do not encroach into a required landscape area and that there is no blockage of view of motorists or pedestrians that would constitute a safety hazard. 3. For multi-family residential developments having more than one structure, no dumpster shall be located more than 250 feet fÌ'om the structure that it is intended to serve (unless a comµactor is used for service). 4. All projects subject to the provisions of LDC section 5.05.08 shall locate trash containers in accordance with the relevant provisions of that section. B. ACCESS to trash containers. The ACCESS approach to the container should be sufficient to accommodate a vehicle requiring a minimum clear width of 10 feet and a minimum clear turning radius of 50 feet when directly accessing a public street. Containers and enclosures shall be placed such that the accessing vehicles are not required to maneuver in the ADJACENT travel lanes of any street. When backing maneuvers are required to pennit the vehicle to exit from the container, provision shall be made to provide an apron at least 10 feet wide and 60 feet in length ADJACENT to the container. C. Container quantities. In the case of multi-family DEVELOPMENTS and commercial and industrial businesses that do not receive curbside service and choose to use dumpster service, at least one standard size bulk container (garbage dumpster) shall be required for trash disposal and at least one receptacle for recycling. Prior to site development plan submittal, the contractor, developer or homeowner's association must contact Collier County Utility Building and Customer Service to estimate the number and sizes of bulk containers needed. D. Enclosure dimensions. iÞ Enclosures for dumpsters shall have minimum internal dimensions of twelve (12) by twelve (12) feet for eaeh standard garbage d1:lmpster ÐÐntaiÐed inside. with a separate area for recycling receptacles enclosed by vegetative screening. An alternative is an enclosure with minimum internal dimensions of twelve (2) by twenty- four (24) feet for no less than two standard receptacles contained inside (one for garbage and one for recycling). If equipped with gates, the clear opening dimension shall be a minimum of twelve (12) feet or twenty-four (24) feet depending on enclosure style, as defined in this paragraph and the gates must be provided with a devise device to hold them open. E. Container screening. Except as noted below, all containers receptacles shall be screened on at least three (3) sides from view of ADJACENT property owners and from ADJACENT STREETS on the first-floor level. All enclosures must have a cement pad as the floor of the enclosure. This screening shall not be subject to height limitations for fences, provided that the vision of motorists on ADJACENT STREETS remains unobstructed. Screening may be exempted: 1. In I (Industrial) zoning, so long as the containers are located more than 200 feet from residentially zoned or used property, and are not located within front yards; 2. In A (Rural Agricultural) zomng ill conjunction with a bona fide agricultural use; and 3. During construction in all zoning districts. Screening material shall consist of a wood fence, concrete block and stucco wall, brick wall, masonry wall, or walls of similar material. For only those projects subject to the provisions of section 5.05.08, trash enclosure walls or gates made of chain link or wood are not acceptable. F. Compactors. Multi-family DEVELOPMENTS may substitute garbage compactors for garbage dumpsters or curbside pickup to dispose of non-recyclable material with the following restrictions; for individually owned multi-family units (CONDOMINIUMS), compactor service may only be implemented by the developer prior to the sale of the first unit (subsequent to that time, a change from curbside or dumpster service to compactor service may only be achieved through a majority vote by the homeowner's association); for multi-family DEVELOPMENTS containing more than one STRUCTplŒ, the property owner may implement compactor service at any time, so long as the compactor has the capacity to accept an item of furniture having dimensions of up to three (3) by twelve (12) feet. ~ ~ G. Curbside pickup. The Utility Billing & Customer Service Director, or his designee, may approve curbside pickup in lieu of dumpsters or compactors for individually owned multi- family DEVELOPMENTS provided that the following criteria are met. Multi- family rental units must provide dumpsters or a compactor. CONDOMINIUM DEVELOPMENTS may substitute curbside pickup for dumpsters or compactors so long as satisfactory documentation is presented to the Utility Billing & Customer Service Department that: 1. The subject CONDOMINIUM association has voted in the majority to eliminate the use of dumpsters or compactors in favor of curbside pickup for all or part of the DEVELOPMENT, 2. There is adequate ACCESS to facilitate curbside pickup, and 3. All individual units have an enclosed location other than the residential STRUCTURE, such as a carport or garage, for the storage of individual SOLID WASTE containers. H. Non-Comvliance. In the event that a property owner experiences a Substantial Hardship. as defined in Ordinance No. 2004-XX, Section 5(DD), or if due to specific site conditions Ordinance No. 2004-XX. Section 17(B), is unable to confonn with the provisions contained herein. the property owner. or his designee. shall complete and submit an application for an administrative variance pursuant to Ordinance No. 2004-XX. Section 17(A) and (B). 1. The process for requesting an administrative variance shall be as follows: a. Complete an administrative variance fonn. which is available from the Utility Billing & Customer Service Department. at the Utility Billing & Customer Service office. or by downloading the fonn from the County Website (www.colliergov.net). b. Deliver the fonn to the Utility Billing & Customer Service Department along with all requested infonnation. c. Within five business days of receiving the administrative variance fonn. the Utility Billing & Customer Service Department. as designated by the County Manager, will contact the property owner. or his designee to review the administrative variance request. d. The Utility Billing & Customer Service Department and the property owner, or his designee shall iointly develop a solution that ~ complies with Ordinance No. 2004-XX and meets the intent of this section 5.03.04 of the Collier County Land Development Code. I. If the Utility Billing & Customer Service Department and the property owner. or his designee. are unable to resolve the conflict. the property owner, or his designee shall request a Variance in accordance with Section 9.04.00 of the Collier County Land Development Code. ~ ~ - tTJ ~ ::: \f:¡ :::: 0 \f:¡ u::::; ... \f:¡ :::: !.!I!j \f:¡ 0 = ~ ~ (» = := ~ '" (» -- Õ' !2. Q r') ¡:¡ "C n :<: on Co n ¡::;. 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(Q n ~n n> N o o .þ. l" ~ ::s 0- t:1 CÞ -< CÞ Õ >¡: S CÞ ::s ..... n o 0- CÞ :> S CÞ ::s 0- S CÞ ::s ..... en n ~ n t"" ~ N C/.) ¡::: § ~ ~ C/.) =:ï' CÞ CÞ ..... LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Michele Mosca/Russell Webb DEPARTMENT: Comprehensive Planning/Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: N/A LDCIUDC SECTION: old LDC 2.6.9. and UDC section 2.01.03 B. LDC SUPPLEMENT #: Supplement 18 CHANGE: Overlay Map. Adding language to reference the Urban - Rural Fringe Transition Zone REASON: Cycle 3, 2003. The language was mistakenly omitted when this section was rewritten in FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: No impact to the GMP; merely a reference to a portion of it. OTHER NOTESNERSION DATE: 12:27 p.m. This version was created on September 7, 2004 at Amend the UDC [LDC] as follows: 2.01.03 ESSENTIAL SERVICES ESSENTIAL SERVICES are hereby defmed as services designed and operated to provide water, sewer, 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 government facilities. ESSENTIAL SERVICES are allowed in any zoning district subject to the following conditions: * * * * * * * * * * * * * @ * * * B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING LANDS, NRP AS, HSAS, AND FSAS. 1. Within CON DISTRICTS, Sending Lands III the RFMU DISTRICT, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 fG1 c., the following ESSENTIAL SERVICES are pennitted: * * * * * * * * * * * * 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~ BÐ:àfor the Rural Transition Water and Sewer District, as delineated on the Urban _ Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas~ BÐ:àfor the Rural Transition Water and Sewer District, as delineated on the Urban - Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. * * * * * * * * * * * * G. CONDITIONAL USES. The following uses require approval pursuant to section 10.08.00 CONDITIONAL USES: * * * * * * * * * * * * 2. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRP AS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU DISTRICT Sending Lands, NRP As, CON DISTRICTS, and the RFLA designated HSAs and FSAs subject to the limitations set forth in section 4.08.08 (C)(2) C.2., in addition to the ESSENTIAL SERVICES identified as allowed CONDITIONAL USES in section 2.01.03 (G)(l) G.1. above, the following additional ESSENTIAL SERVICES are allowed as CONDITIONAL USES: a. Sewer lines~tations necessary to serve a publicly l!£J owned or privately owned central sewer system providing service to urb~ areas~ afièfor the Rural Transition Water and Sewer District; as delineated on the Urban - Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of- way or EASEMENTS; and b. Safety Services limited to law enforcement, fire, and emergency medical services. ® ORIGIN: Community Development & Environmental Services AUTHOR: Russell Webb DEPARTMENT: Planning Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2004 LDC PAGE: LDC2:64.5 LDCIUDC SECTION: old LDC section 2.2.16 K3. and UDC section 2.03.03 B. LDC SUPPLEMENT #: Supplement 12 and 15 CHANGE: Adding Ancillary Plants as a conditional use in the business park (BP) district. REASON: This is mandated by the interlocal agreement between the BCC and the School Board. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: All of the other zoning districts were modified in Cycle 3, 2003 based on the interlocal; however, due to an oversight this particular district was not. Amend the LDC/UDC as follows: 2.03.03 B. [Sec. 2.2.16 1/2.] Business park district (BP). 2.2.16 1/2.1. Purpose and intent. The purpose and intent of the business park district (BP) is to provide a mix of industrial uses, corporate headquarters offices and business/professional offices which complement each other and provide convenience services for the employees within the district; and to attract businesses that create high value added jobs. It is intended that the BP district be designed in an attractive park-like environment, with low structural density and large landscaped areas provided for both the functional use of buffering and enjoyment by the employees of the BP district. The BP district is permitted by the Urban Mixed Use, Urban Commercial, and Urban-Industrial Districts of the Future Land Use ~lement of the Collier County Growth Management Plan. 2.2.16 1/2.2. Permitted uses. The following uses, as identified within the latest edition of the Standard Industrial Classification Manual, or as herwise _ rovided for within this section, are permitted as of right, or as uses accessory to permitted primary and secondary uses in the business park district. * * * * * * * * * * * * * 2.2.16 1/2.3. Conditional uses. The following uses are permissible as conditional uses in the (BP) business park district. subiect to the standards and procedures established in section 2.7.4. 1. Ancillary Plants. [Note that the conditional uses have been relocated to a table format, so this will have to be incorporated into the Table as opposed to the textual format it was previously in with the old LDC]. @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Michele MoscalRussell Webb DEPARTMENT: Comprehensive Planning/Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: N/A LDC/UDC SECTION: old LDC 2.2. and UDC section 2.03.05 B. LDC SUPPLEMENT #: Supplement 18 CHANGE: Overlay Map. Adding language to reference the Urban - Rural Fringe Transition Zone REASON: Cycle 3, 2003. The language was mistakenly omitted when this section was rewritten in FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: No impact to the GMP; merely a reference to a portion of it. OTHER NOTESNERSION DATE: 12:53 p.m. This version was created on September 7, 2004 at Amend the UDC [LDC] as follows: 2.03.05 OPEN SPACE Zoning District * * * * * * * * * * * * * B. Conservation District "CON". * * * * * * * * * * * * * @ * * 1. ALLOWABLE USES. The following uses are allowed in the CON District. a. USES PERMITTED AS OF RIGHT. * * * * * * * * * * * (9) 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: i. Such sewer lines or lift stations shall not be located in any NRP A Lands in the CON DISTRICT; ii. Such sewer lines or lift stations shall be located with already cleared portions of existing rights-or-way or EASEMENTS; and iii. 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, as delineated on the Urban - Rural Fringe Transition Zone Overlav Map in the Future Land Use Element of the GMP. (d) Water pumping stations necessary to service a central water system providing service to Urban Areas~ aB410r the Rural Transition Water and Sewer District.:!. as delineated on the Urban - Rural Frin~e Transition Zone Overlav Map in the Future Land Use Element of the GMP. o LDC Amendment Request ORIGIN: Section 2.2.29.2 AUTHOR: Michelle Edwards Arnold, Director DEPARTMENT: Code Enforcement Department AMENDMENT CYCLE # OR DATE: 2004 Cycle 2 LDC PAGE: LDC2:120A LDCIUDC SECTION: old LDC 2.2.29. and UDC section 2.03.07 G. LDC SUPPLEMENT #: Supplement 14 CHANGE: To provide for the utilization of the provisions defined in section 2.03.07 G. [2.2.29] as an abatement alternative stipulated in a compliance or settlement agreement between the County and affected property owner. REASON: Provide an alternative tool to obtain compliance for Non-confonning Mobile Home Parks in Immokalee. FISCAL & OPERATIONAL IMPACTS: Code Enforcement Cases utilizing this provision will be subject to all costs / fees associated with this process as well as the cost for prosecution of the subj ect case. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: The projects affected by this provision will be deemed legally non-confonning and have no Growth Management Impact. OTHER NOTES: The UDC will be modified to include portions of this Overlay District, which were inadvertently omitted. Amend the UDC [LDC] as follows: 2.03.07 G. [2.2.29] 6. NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. Establishment of special conditions for these properties which by virtue of actions preceding the adoption of Ordinance No. 91-102. on October 30. 1991. were deemed to be NONCONFORMING as a result ofinc ies with the land develo ment code and are located within the Immokalee Urban Boundary as depicted on the Immokalee Area Master Plan. a. Purpose and intent. The purpose of these provisions is to recognize that there are NONCONFORMING MOBILE HOME PARKS in the Immokalee Urban Area, to provide incentives to upgrade these parks while requiring the elimination of substandard units, and to allow park owners to take advantage of alternative DEVELOPMENT standards in order to cause some upgrading of conditions that would normally be required of conforming MOBILE HOME PARKS. Travel trailers, regardless of the square footage, are not permitted as a permanent habitable STRUCTURE. b. ReQuired site improvement plan application. The property owners of all NONCONFORMING MOBILE HOME developments/parks that were in existence before November 13. 1991. i.e.. that predate Ordinance No. 91-102. the land development code. shall be required to submit a site improvement plan (SIP) meeting the standards set forth below bv January 9. 2003 or thereafter within the time ftame set forth in an order of the Code Enforcement Board finding a violation of this section. or bv the date set forth in a Compliance or Settlement Agreement entered into between Collier County and a property owner acknowledging such a violation and also establishing the date by which such violation will be cured through the SIP submittal process set forth below. c. The site improvement plan (SIP) master µlan shall illustrate the way existing BUILDINGS are laid out and the infrastructure (i.e. utilities. STREETS. drainage. LANDSCAPING. parking and the like) to serve those BillLDINGS. The number and location of BUILDINGS shall be reviewed for consistency with Code requirements (i.e. setbacks. space between buildings. density. and the like). Similarly. the SIP shall serve to provide a basis for obtaining approval of required infrastructure improvements such as those referenced herein. The apµroved SIP showing all of the above shall become the official record acknowledging the legal use of the property. Failure to initiate this process within the time frames set forth above. will result in a Code violation in which the property owner will be required to immediately remove all MOBILE HOMES which have not received a building pennit and all MOBILE HOMES deemed to be unsafe and unfit for human habitation. and otherwise contrary to the county's housing code unless otherwise prohibited by state law. d. For the specific requirements concerning the SIP submission referenced in b. and c. above. see section 10.02.05 F. of this code. (fo9 ORIGIN: Community Development & Environmental Services Division AUTHOR: David Weeks, AICP, CJ;llefPlanner DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: LDC Cycle 2, 2004 LDC PAGE: N/A - this Section of LDC not yet codified by Municipal Code Corp. (adopted 117/04 by Ord. No. 04-08) LDCIUDC SECTION: old LDC section 2.2.2K3, Rural Fringe Mixed Use District _ Neutral Lands overlay district (RFMUD-Neutral Lands) and UDC 2.03.08 A.3. CHANGE: Add a new Section 2.2.2Y2.3.A.3.g., conditional use, for "facilities for the collection, transfer, processing, and reduction of solid waste." REASON: The Rural Fringe GMP amendments adopted June 19,2002, included this use in the Rural Fringe Mixed Use District, Neutral Lands. When the implementing LDC amendments were adopted January 7,2004, this use was inadvertently omitted. FISCAL & OPERATIONAL IMPACTS: There will be no fiscal or operational impacts as result of this amendment. RELATED CODES OR REGULATIONS: The Future Land Use Element of the Growth Management Plan (Rural Fringe Mixed Use District, Neutral Lands, in the AgriculturalJRural designation). GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on 7/20/04 at 12:41 p.m. Amend the UDC [LDC] as follows: Sec. 2.03.08 A.3. [2.2.2~.3.] Neutral Lands. a. ALLOWABLE USES. * * * * * * * * * * * * * (3) CONDITIONAL USES. The following uses are pennissible as CONDITIONAL USES subject to the standards and procedures established in sectiòn 10.08.00. * * * * * * * * * * * * * [î/ C¡o0 ~. (g) Facilities for the collection. transfer. processing. and reduction of solid waste. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Michele Mosca/Russell Webb DEPARTMENT: Comprehensive Planning/Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A LDC/UDC SECTION: old LDC 2.2.2 1/2 and UDC section 2.03.08 A. LDC SUPPLEMENT #: Supplement 18 CHANGE: Adding language to reference the County-wide FLUEM REASON: Clarification to ensure that the RFMU District is not perceived as the entire area to which the FLUE applies. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: No impact to the GMP; merely a reference to it. OTHER NOTESNERSION DATE: 12:16 p.m. This version was created on September 7, 2004 at Amend the UDC [LDC) as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU DISTRICT) 1. PURPOSE AND SCOPE. The purpose and intent of the RFMU DISTRICT is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU DISTRICT employs a balanced ap , including both regulations and incentives, to * * protect natural resources and private property rights, providing for large areas of OPEN SPACE, and allowing, in designated areas, appropriate types, DENSITY and iµtensity of DEVELOPMENT. The RFMU DISTRICT allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and ESSENTIAL SERVICES deemed necessary to serve the residents of the RFMU DISTRICT. The innovative planning and DEVELOPMENT techniques which are required and/or encouraged within the RFMU DISTRICT were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from the major public rights-of-way, and to protect private property rights. a. ESTABLISHMENT OF RFMU ZONING OVERLAY DISTRICT. In order to implement the RFMU designation in the future land use element Future Land Use Element (FLUE) of the GMP, the RFMU DISTRICT;4e shall be designated as "RFMUO" on the Official Zoning Atlas, and is hereby established. The County-wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Building, located at 2800 N. Horseshoe Drive, Naples. FL 34104. The lands included in the RFMU DISTRICT and to which this section 2.03.08 apply are depicted by the following map: * * * * * * * * * * * (iv LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Michele Mosca/Russell Webb DEPARTMENT: Comprehensive Planning/Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A LDCIUDC SECTION: old LDC 2.2.2 1/2. and UDC section 2.03.08 A,3. LDC SUPPLEMENT #: Supplement 18 CHANGE: Overlay Map. Adding language to reference the Urban - Rural Fringe Transition Zone REASON: Cycle 3, 2003. The language was mistakenly omitted when this section was rewritten in FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: No impact to the GMP; merely a reference to a portion of it. OTHER NOTESNERSION DATE: 12:38 p.m. This version was created on September 7, 2004 at Amend the UDC [LDC] as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A, Rural Fringe Mixed-Use District (RFMU DISTRICT) * * * * * * * * * * * * * @ * * 3. NEUTRAL LANDS. NEUTRAL LANDS have been identified for limited semi-rura~ residential DEVELOPMENT. Available data indicates that NEUTRAL ~ANDS have a higher ratio of NATIVE VEGETATION, and thus higher habitat values, than lands designated as RFMU RECEIVING LANDS, but these values do not approach those of RFMU SENDING LANDS. Therefore, these lands are appropriate for limited DEVELOPMENT, if such DEVELOPMENT is directed away from existing NATIVE VEGETATION and habitat. Within NEUTRAL LANDS, the following standards shall apply: a. ALLOWABLE USES. The following uses are permitted as of right: * * * * * * * * * * * b. DENSITY (1) Maximum Gross DENSITY. The maxImum gross DENSITY in NEUTRAL LANDS shall not exceed one DWELLING UNIT per five gross acres (0.2 DWELLING UNITS per acre), except that the maximum gross DENSITY for those legal NONCONFORMING LOTS or PARCELS in existence as of June 22, 1999, shall be one dwelling unit per LOT or PARCEL. (2) Residential CLUSTERING. CLUSTERING of residential DEVELOPMENT is allowed and encouraged. Where CLUSTERED DEVELOPMENT is employed, it shall be in accordance with the following provisions: (a) If within the boundaries of the Rural Transition Water and Sewer District. as delineated on the Urban - Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, and consistent with the provisions of the Potable Water and Sanitary Sewer Sub-elements of this Plan, central water and sewer shall be extended to the proj ect. Where County sewer or water services may not be available concurrent with DEVELOPMENT in NEUTRAL LANDS, interim private water and sewer facilities may be approved. @) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Michele MoscalRussell Webb DEPARTMENT: Comprehensive Planning/Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A (newly created District in Cycle 3,2003) LDC/UDC SECTION: old LDC section 2.2.31. and UDC section 2.03.08 D. LDC SUPPLEMENT #: Supplement 18 CHANGE: Adding language to properly identify the NBMO District map. REASON: This language was never included in the text of the Cycle 3, 2003 rewrite. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None; merely a reference to the GMP. OTHER NOTESNERSION DATE: 1:12 p.m. This version was created on September 7, 2004 at Amend the UDC [LDC] as follows: 2.03.08 Eastern Lands/RuraI Fringe Zoning Districts * * * * * * * * * * * * * D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 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. GENERAL LOCATION. The NBMO aFea District 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 -a:aà (approximately 15,550 acres} and is located entirely within the RFMU DISTRICT (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 D.2. - A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GA TE BOULEVARD ;:::- It) 0> e::: ~ ~ § ~ o co ffi § u 1\1. ,6.... Q , , ~. I LEGEND PREPARED BY: GRAPHICS ANt) TEo.NtCAL SUPflORT S£CT1ON COWI.4UNlTY O£VELOPIoIEHT "NO EN\o1RONt.lENTAL SER\IIC£S DI\IISlOH DATE: 1012003 FILE: NBIoI-O\'ERLAY-WAP-2.DWG _ DlSTPIICT 80UNDARY Illustration 2.03.08 D.2. - A @ ~ ~ s o co f:3 Q ~ (,!) ~ INTERSTA TE - 75 LDC Amendment ReQuest ORIGIN: Community Development & Environmental Services Division AUTHOR: Michele R. Mosca DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC2:52 LDCIUDC SECTION: old LDC section 2.2.14.2.1.16. and UDC section 2.04.03 LDC SUPPLEMENT #: Supplement 15 CHANGE: Add language to the Commercial intennediate district (C-3) to clarify that a drug store is a pennitted miscellaneous retail use and is not subject to a square feet cap. REASON: The existing drug store language in the C-3 commercial zoning district is unclear. The intent of the text in section 2.2.14.2.1.16. is meant to exclude drug stores from being subject to the 5,000 square feet cap and is not meant to exclude drug stores 1Ìom a use pennitted in the zoning district. The miscellaneous uses excluded 1Ìom this zoning district are those specifically excepted in the parenthetical listing of SIC groups. The SIC code for drug stores (5912) is specifically listed as a pennitted use in the parenthetical list of SIC groups and not othenvise excepted. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: This version was created on 9/15/04 at 11:12 a.m. The aforementioned use was mistakenly omitted 1Ìom the table during the recodification and thus is currently being added back in. Amend the UDC [LDC] as follows: Table 1. Permissible Land Uses in Each Zoning District ® @ E;'tn~tn~:Þ:Þ:Þ :Þ $ $ ~$~ ~ ~ ~:Þ f¡' ~ ~ .. 0-111 o þ 'II !1) !1) <:........ IQ 0 o I-' II 8. ~ g ~ g ~'.a ~ ~. Ii lif-'lilio¡::o!rorrtl 0 tI 1-''' 11 a a .... ....!1).... ........f-' ...·...·0 II ~ II ~DItI rr f-' ....!1) ....!1) (1' 0 11 n n n[llnOf-'(1'f-'=,¡::1Q II 1'-01';' ..'1:1 '1:1 f-' n S n S ...·Ii I» ¡:: ¡:: ¡:: ¡:: ¡::.... ........ =' 0 c:: II rr ...11 II ~ !1) en en en 0 (1' HI f-' f-' f-' f-'f-'(1'O (1'00 (1'~, DI 0 .... DI 0 :R g 00 =' 00 =' =' (1' (1' (1' (1' (1' (1' ...·ØJ ....(1'.... II ~ 01111 (1' (1' I ¡:: ¡:: ~ ~RŒ'<Œ@~ ~ 1:1111-' I'- '1; !/' !/' ø g @ 11 II I-' Ie rt rt ØJ I» ØJ ØJ ("J (1' ~ ¡:: I-'rr o rt rt f-' eno.f-' f-' f-' ..... f-' !/' ØJ .... tn DI II U II II II ØJ " " =' o :Þ ("J ~ <: !1) II IIPlt:r 'I:I~ ~ =' en !1) en '1; tn tn tn !1) ~ DI 1:1 ....'1:1 rt (1' n n Ii ØJ en !1) (1) ¡:: n !1) 0 -~1I11 ...( [II Ii Ii ØJ 11 ~ ~ ~ (1'(1'=' tn .... 11 0 01'- en (1) f-'(1' 0. .... (1' !1) n Ol:t 1:1 rt ØJ ØJ [II .... .... .... o <: !1) ~ Œ ....... II I:t (1' (1' n n n o t-'.I- t:r t-'. .... !1) (1) !1) I-(1'CIJ .... I"- 0 0 to 00 00 t-'. n rr =' =' (1) !1) II [II ~ ~~ -.J t.J 000000 (X) (X) SIC Code .., -.J -.J-.J-.J-.J-.J-.J t.J -.J ......, I-' t'-.) t-..)(X)t-.J......a::.¡þo. t'-.) t'-.) 0.'" I-' I-' ww~.....WI--' t'-.) I-' (1) . I · . . 00(1' t.J 0 -.J -.J 00 0 o ¡:: .., t'-.) -.J-.J -.J =' I- .., (X) (I'It'-.) ,þ. ~~' I-' t'-.)I-' t'-.) · . . (1' 00 0 -.J-.J -.J (X)t'-.) U1 t'-.)t'-.) t'-.) · I I ~i~~~: ~~; ~t¿i; ~l:':.: :~t1~i ~~~i~ ~i< ,:·-~M.:~s~§!.'~>,~·~~~',"~::,-,"' -'-'_"'~;-:'~,-:-.~':~'-.;~~;>.-~- -,:' :~B1i~; ~ .'~ tii· t~¿~;,::~ ,,,,~,ª;!t~§L~§få:t:-A '. ;''; · \ \iA!~; f.1~;~~tœ .':~ f.(.$J :~~~-i I,: ,~~~~:7;;~;,'·:?t·;;:o: ,..' "', >:~'1Æ ~'<.<' J~~ "f '~",~f:'n'·â~14.mt;¡;a.:is:l.ngië·Pamily.,.·':'· ~''"'4~;;~--·t_~~S:,1\,.i. ~.(it~·-:_,~. "'''-'',-j',,'-,'o'' .-' ,~"_,,_;,,. ,~- .,,' '" Residential Multiple Pami1y-6 - Residential Multiple Pami1y-12 Residential Multiple Pami1y-16 Residential Tourist· RT ,'t ,;ti~'."" . 'r' ç", ,M b~'f.% t¡&i ~i£f~¡'j~ ;:ß~ œ~;~, , Xæ~!~.:~~~~~~~!~"S~ .,' ... /. t~~' ;~·?;~;~L'~%:..~ :~~~, ;:':~~4 ;~~". ~ ~~: a ~~1f' ~~ ìióbl.1.~·1ÍÒÌnê~:'::~¥'-!III "~,,,>''''._.. ~'';'; " _r: ~ ,~~; , .iii%ãvel:_-'Jiñ.iJ.er"~·~Reèréatiozia1 ! ;.~ :~l ~~~;: ~ ...-vêJ2iéii. ~~ cämP~ ,~~ ~-; T-rRVC ,- ~ ,~ " i¿; ';¡;'¡¡" ,''''''' "e '"':-i.¡:' . "~...."...~..,.:: "'''.'". ,-, "1 " '1 '::::.........J'?:..'. :',:~. .,-> ¿,~~t: "it~:J ;;~t~' ç;~~~J;!~~~~~~!I C?J1& -~""";.;":,, " ".,. c". \,' . ,1;\;;\: ;';;;X:~ . :P.~ General Ofii-ce _<"- C-1. J;' ,"'. '1; CClllllllercia1 Convenience - C-2 ",1 ;~:.: ;~·-t<;" ,:'~'. ,~~ ,,··1,,' ~,.,> ·'[.t ;o·',:;I{t. ~.:~ ",.::Ii: ~. ... :,' I -..... ';'~"" ;" '1; CClllllllercia1 :tntermediate - C-3 General Commercial - C-4 '1; '1; '1; '1; '1; Heavy CClllllllercia1 - C-5 ~ "" ·";I~. i rl·· ~ ~i~~ ~~~1i?:i;¡j;/·!ii3 .... . I,tj¡ rXJ:~~~:~" {£~~~rn\~H~~ ~ ;~:;~~~~~~.~~~~~:':,:"B~..:", .....;.. ':·¥3-;,: .>' -f'!';-<.' &~, ~.'~ ,'two,........- ,.,.Þl¡¡ù~;..>;!.~ ".- ...~.,.·~..J"u"~~,""",·'.;p,,.-...~·~~··\··~~,!· ',"~'_':~~~-' . '.-' '> """" ..,...... "".~;¡¡. 't:iI"'~ ....~~'~~ "'" ,'....".,..A": ' . ..... ''''''''''''''>. f·....··'''..·· """, " ;.". 2:'~~ .':' :~~#'~~~~: ~~f~ ~~ ~~~il;;I~~i:; '~i:(t~ ..;~;t{;ir~:9~~~~ ,'... '. Community Paci1ity - CP '1; Golden Glades Parkway '1; Professional Office Commercial Par.m Market Overlay (J:mmoka1ee) Agribusiness Overlay ItJ '1; ~~;flll~i~h~~t,~ ¡;: ,:~.. ,; ~izi""štr.àt. oVëria:!(,. (~,,~~~~!~) ,l1~lf~F~!lIf"~ ,y~ ,,~ ' ""'~''''p'' "','. . ~, ~ ~r.¡í 7;~ ~~ ';, ''''!f~; " , ~~ ;: '!~ td ," ~t ~ ~~~i:¡:"äarbüi? è~L:¡:I~ ~';~~:~~ ~;o, .:~~;: ~"""""" .;~ .....f, ~..';(j; ~~";'I'~~Hi~-' JI ~~'l'.~ t ....__...~....""'......-~~·~.""t..~-¡;....er.;.~...·--,-';-~..._·....~.,;o.t' t:..... J. !ri i:~ ~ì ~~ i "'~t:~~tr~~f;r;~~~;,~~-tIl~f;'::i~: ··:··,1i "'~ ,-"^",,,.., '~,fi {¡~ ;;~f¿1Rj~0~ ;~! ;;; ~i; ;'¡:4'~ ;f jì!~§t~9~~;~!Í#€+ê;t:;':~:,"",( , Residential Subdistrict (R-l) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) (jj0 OO~OO~~~H~~~~~~~~ø~n~n~ œ~œ~~~~~œœœœœœœoœoœøø ~~~mom~m~~~~~III~O~~~"~ ~~~~~~~nœrororo~~~i~~~~~ n~n~n~IT ~~~~~~~ ~O~Od œ~ro~IT~~~lIImllllll~n~ ~~~(m ~ ~III~~~~~~~~~ ~~ œ ~ ::s ::s ro ::s ........ ~I!::' IT t"' ~ ....<CI ~ ro ro rom~'ÒiOli::I['J~R"~ ~~;:!. :i g g g ~oooo~ g ~~~ ~ III m m g~~@~g ~ g~~ œ ~ ~ ~ ~~~~~ IT ITm~ 0 ro ro ~ ~::s::s::s::sn 0 ~IT~ ~ ~ ~ ~ ~~~~~ro ~ n~N ~ ~ III ~NNNN::S .... ~~.... ........ IT <CI~~~~IT œ ~a::s ~ ~ ~ "ITITITro m ro<CI n ~.... ........ ~ ::s OOoom ~ IT~ ::s ~ ~ ::s ::s III ~ m m 10 10 ~ ~ øa-bI aoø.... ats....ø œ ~m ts m......o :.' III" 0......111 a ~g:~ ø .... ~....rt : ø ~ a m tI....'I:I -ø..~ o o ~ 1tI...... tr ...... " .. ~ a~ 'II .. tt a I n ø'l:l '1:1 ......œ œ : R R Ie" " art rt .... œ '1:1 ~ ø. rt ......c 0...... tlrt m tr' ... ... ... ... ..,¡ ..,¡ wcoC::CCX)Q) coco W W 0\ 0\ 1D000\WO\ 00 ex> ex> '" '" .......................... ID"'¡ ~ ~ '" ID ~~~~I-' WI-' '" '" I I I I · I I ..,¡ ..,¡ W ex> W W 0\ 0\ ID ex> co 0\ ex> CD CD oJ:> W ID 0'1 O\ID 0 ..,¡ ..,¡ I-' I-' ID'" WID ..,¡ W W . I-' ~ '" · ..,¡ 0\ CD ID 0 ID ID '" · SIC Code ... ... ... }Ei ·')1"''.';'; J0~ f;-1";"];¡.1;, Wt~['ih~~;: [\~l~:~ ,.~~,,:2;~, ','~\;.~,:.:;;,,!,: cc: ~;~¡i{ ,::Jif) r.1f~ i.1t ~..~ ·:;:·t -;:1 ¡~ !î~$ :~.,,{ r' ~ £~~£~~~~!i~!!!i~;'~~~:+~:;~~-~:<t\y-,},':__ ;::~~;~ ~~~ .~t~~~ ~¥,}Ì; f~ ;1) :~C¿ ~'r!~~ f;t~ ~:~ ·~¡·~"~~f~i~~¿~r~~l\~~1~-t1~'ê~~~~_~:~'~r.:J~~~~ '~Ii~'~ r.:,~,a .._--:~. ~"'·Ujt..ft: f·,· .~= ~J ~ ~~WI j"~~ . ~~,IJIIIMf;J~F":1oO.i~~Æt}'~:.;P;;!!i~~jf"'3£k",æOìt~..........; ,!4.:.o"""'.~ ::~{ ;(!Tg ;;;~~;:!'~j~: ~ ;1 ¡ ~~~~ iI f1t~l~!~"1L~!~~~!t::¿:;;~:'tt~~· ... ... ... Ile.idential Mu.ltiple Pamily-6 - ae.idential Mu.ltiple Pamily-12 ~~ -- ... ae.ideDtial Mu.ltiple Pamily-16 Residential Tourist - RT ,. Tf,1 .~:'-",#ir I '.".. ':tî.';i :g!-;;:~q-I é¡:~.' ;;~ 'Vin"IÍ'a7'ãe:d~.-!~-al,'':::;ÏI'Ít·.' ..... ··:ii.': .. 0:.,.. ' .~....,~".:~ '~';O ~ ':;;.'~;: ~"f' ~,c '.?"~ ~:; k:-...::.P.!I .;JãFi' ,T-~~....~t+¡Y:-,_. 'Z""""i:1'~J~,~.~.-..".,dfE__ ,.'_. ,.",,,,-, :',___ ,,'" ,""If; ,"" :"" ", R '11!!;~"""'C"-=:~J;¡:;"";¡¡1\~;!!"';'''''i' i,' t]!~' ~~J {-:L~ ~:~ ~¡ ~;~ _,'t.. :;;i1;'~ ::-~~:i..i.e~t2bcr.e.tlDñàl ~ ~:;t~: .. ca' ,..... ,;Tar .. ,;~ ¡.', ....'J&Ii !¡--;bl';;r.....~-"'--.."". .=... . ,......, "~.'.,, ~:~ ...);~> :.~£;, . ~~... t~~ ~ ~:;.fI'!L: ~~V' -- '.:.~CUlpørOuDd:·;,-::_,:'.ftR.VC-,_·_):,·,_~~'. (~ ~}~lf:!ff Pf' '.~.~ fG ~;~~ :~t~ J: J[.~~~~;~f~tâDd··: ~ Cammercial Convenience - C-2 ... ... ... '" ~ Cammercial J:ntezmediate - C-3 General Cammercial - C-4 ~ ~ ~ Heavy Cammercial - C-S ... ... .:~' '·,~l~il· " ;;;;;¡¡;".~~·~I\¡;~· ~2l'¡i!.¿~ ,~ !'Ø;~~ ~ ::::--~I:' ~'~~.¡. ·I!.~f~ ta ~';'I .,.."......,.,. ..... '"" '~.' -- .''1 '>~ ~¡.;'~ ~:.' '. ·m.-:-~nõû. ~"c.,...........o...!~,··"..r..."",.,,',.. Z~:::::·~<~ ;\0i~ ~~. ~},1,: ;!~ ~I~ j~ ~~~-':=,;}i~~~Ð};;~:~~h,:~. '.;'t~.~. ,-~~t~ ::{f. ('tif ~:.;;:5. ~Y~I~?'tf~ \111?>- '. .~.ii~'.<, ,\;~,~~-..;:,~, ,~+ ·;-,··it.., ,-" "', ,¡:~F~p.m>.~.,. : '.~t'; 'y~,!C"" ':~, . Community Pacility - cp II ····-·'···_..'··-'ê,....;~Jr«,...· ,":; ·,c'·· ... ... ... ~ Golden Glade. Parkway Profe..ional Office Commercial Pu::m Market Overlay (J:mmokalee) Agribuaine.. Overlay ... ... .'í!'i:,' '~i~'JI:X~lf' 'if, '.0, ..~ ::;; ,1' O;';;;ffiJ~~Ei; ;;~ ~i.~ ... l~;; ,.~)\"- fj;{r${ ±~} :~iil ¡~ ~ i !~~ ¡'~ ,", ~~~..t!.~'1:¡~2=:,¥l=i~~t~U'DtC':::.., 11 ~ª.~ ,~. ~~~'tj,~~~;~i\j; :Y~t §:!: .!{!,;:. -:~fJl~ ~;iI? ~~ï~ifili~~~~t~~ln~ ae.idential Subdistrict (R-l) ae.idential Subdistrict 2 (R-2) ,v.a'ìì!""·; ,; .¡..,'.....,'...-..,.,. · ;.'(~~~~~:L ~i.4~ \~ ~1; i'~ I··S''I .' >.'i\cé ... ... Residential Subdistrict 3 (R-3) ... (ifu ::r' o rt rt ¡:: tr rn3::n3:rn3:rn3:rn3:nt' II) "":I! ¡:'-ID ~'ID ~'ID ~.It It ~~~~~~~~~~::g. ~'ID ~'~!-'o1D ~·ro ~·ro ª 01-'0 Ol-'ol-'of-'Od II)l-'rof-'rof-'lI)l-'rol-'ì1111 rnl» rn.~ rnl» rnl» rnl»'<:,CD ::! '", ::! ::! ::! ro ro Q ro ro ~ 00000 ¡:: ¡:: ¡:: ¡:: ¡:: rn rn rn rn rn CD ::a ::a ::a ::0 ::0 0 m m ro m m 11 rt rt rt rt rt I» Il> I» I» I» ..... -I. ..... ..... -I- I-' I--' ...... I-' I--' ml"" lT1 lT1 \0\0\01,,0\0\0\.0 '" '" \O.Þo.....a..o.......\0....... .... .... "'t.Jt.J"'t.J"'t.J t.J t.J I . I I I . lT1 lT1 Lf1 lT1 1"OU1 \0 \0 '" lT1 ~\O C'\ 0'\ '" '" :~ ~ : w >Þo t.J I Lf1 "'''' '" '" "'>Þo '" '" t;-'~ ~ ~ ..... It ('I !II ('10 III .... ('It!....1II CD ø. III t! m ... 0 ~ m ~ o ...m ('I ~g~:!. III .... ¡:: ....~ m III n CD III tJ' m t!....'tI ~ø.CDI1 o o þ' "'... tJ' ... ~ CD ø. ('I þ ø 11 n ~ It'tl "'CD :R Ie ~ ('I ~ CD (II 'tIø. ~ "'11 0... t! ~ III þ' 'tI n 'tI CD ~ ... ~ r? ø ø. SIC Code GoHCours.:';'~Gc '.0 ," :·-_,.-:¡,<~;·__"",,,H''''''~·''4\;I',,~. ·-,·h·-#.',,~·: .......:,. .-...... '~~1.:.":~ª~¥#~~i "- A····: :ll:1I~~~~" ~:,;!:~).;'> ~,;'/:,'.;r. :' . ,.. . . .~Bid!!1#.ia1· siDg~e;~~ly - Residential MUltiple Family-6 - Residential MUltiple Family-12 Residential MUltiple Family-16 Residential Tourist· RT .",,~ '·'Y,H-l:~íï.~~::~:s.!~~§~~.;~~f~.".,.J: "~:':',,,:,,;. '. '"'..:,,.- . ,:;,',: ···iC. "" :.;:....':;. ..... ":',1';':':-::": 01'1' .....::r (I) 81'1' rn 0 rnl'1' .....1» f-'I-' o o 11 ?:~~ ~-~~- ,;:~.~:1~r:ïïöhii.;1ïòm8~:}~_7~J~;~~~\i~~~·~::/;~;:·'.?::~~~ ~'--'. - ',' ';i'~ :;~~·.'~';I;jŒ~r'ìJià.vefi'"Tr.1i-m~'Rêëfëe:HoDã1··r.: ;:~?: ~'~:J~~ 't;l),'lii~~jJi~v.hiCiii~~~(i~~~~~;,;r:~· ..''<', , ,-,; :;wtil~i;~ :~~ '~~~ff~f~~~~f'4~~:::;:~ '" Commercial Convenience - C-2 Commercial xntermediate - C-3 S· .'..:.. . '''' '" '" 1'1' '" rn ::r rt CD 0 , ::! ro rn :',.: I» ::! : p. :\i:, §. 1'< ~. .-,'" C''.':. Ii ")"; :'C.:: I-' 0 0 I-' tr I» '" ::r' rn . j~~ ...;; ::"y. .:11' ,~t·., Jit~ ít/'S:'''';" ..',~ ;:'.'!:;,~~.I;:}¡t; )~ "",: I .."., .... General Commercial - C-4 Heavy Commercial - c-s ...' J:nduatdal ,',-, z' ';¡;'", .> '.....: . .,::',/;: 4 ~ ~:~: i ~ir~:: " ,,'}:~ 1 i.~: -~, l7 t ,_ _~ ' '~1~~r~~s ~~~.:.j~ .;F· ...... ~ C::~î:1~~~t~~~"~;.§~;:Ld· ,.,~ . 2Ùbiic: riBe "';'p . ~ :- 0·-;,.;:,:·'·,:::-.···:..,·::::.;..·.7;.: '.', Community Facility - CF Golden Glades Parkway Professional Office Commercial Fa:m Market Overlay Ctmmokalee) Agribusiness OVerlay ~iD'~litr¡êt 'ôV8rlå"ý' (~kalee) ···J~3fjf~:i~~~~í&~~rt~t~~;ç%C>,",·· i~_;';.... :'. slÜÏtå.:-"~¡r:bårã:ë_.rc:l.al ;;:'. . ..... '" ~~.'I" .. ·"J...';"I.". '''... " "'.. Bayìi1iò":l:ie' ÍJi:iVêMixed. Use - 'ôVeclâÿ'.t'?;¡H}Tt~:;'f':·~;''-;''''\·' ..:: w~§~~~~~g,~.iiiÞ:~~t:, ..: ..., Residential Subdistrict (R-i) I Residential Subdistrict 2 (R-2) I Residential Subdistrict 3 (R-3) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Cheryl Soter DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: N/ A - The regulations were placed in a table in the 1 st Cycle recodification LDCIUDC SECTION: old LDC 2.2.16 and UDC 2.04.03 LDC SUPPLEMENT #: N/A CHANGE: Making the use associated with SIC Code 3221 only a pennitted use in the "I" District and also making the use associated with 3231 a pennitted use. REASON: 3221 was mistakenly listed as both a pennitted and conditional use and 3231 was mistakenly listed as a conditional use. Both of these uses involve the same amount of intensity and should be pennitted in the "I" district. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on 8/06/04 at 11 :42 a.m. Amend the UDC [LDC] as follows: 2.04.03 Table of Land Uses in Each Zoning District The following tables identify the uses that are pennissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. * * * * * * * * * * * * * 0S hI l. I f ({0) ~ :> ~ ~ ~ (j ~ "r1 ~ ~ t'" = -- = fI tr.j .., = = ~ ~. g ~ = r;; :r 0 II II c e ("> = Q, - - 0 Q, Q = fI "C n n n 0 ("> a - ë: c = I/':' "C "C C e. c c c =-. ~ 0 '" - fI fI [ I if ~ 0 g s- o rÞ 0 S' ., ., ~ I\> '" '" rÞ rÞ ~ ë. ë. ... '< ::;- rß' !1:1 '" - = e;. e;. ~. i '" = '" - - (j Q ~ II - - tf.J tf.J tf.J 0 :> ~ < U) ~ !1:1 fI ~ !1:1 "C Q, Q, ct 3. ~ c ("> G G ., :¿ :¿ Q. - U) !1:1 C Q Q ~. õ' õ' ~: "r1 ~ õ' Q '" ... =- n 0 ~ ., rÞ n - n n (1) 0 =-. 0 '" Q s: =- en en en ... (1) õ' en (j '-' = - 0 U) en 0 = Q, rÞ rÞ I\> õ' - -. Q, ., ~ - - Õ en S' = '" Ro R. = Sf !. 0 0 0 0 0 0 00 CO SIC Code .....¡ .....¡ .....¡ .....¡ .....¡ .....¡ w .....¡ N co N ..... 00 "'" N N W W ."'" ..... w ..... IV ..... 0 0 0 .....¡ .....¡ .....¡ 0\ N "'" "tv - "tv 0 0 0 .....¡ .....¡ .....¡ co N VI N N N . , I ."'';;;'' ~\·~;~i¡ :{~,. . Golf"Cóùrse GC ,.,.,....·,,'.'P:.: :: :,OC': I·,' ,::,~:".",,' - ";: ~.Jt.., i: ':J~~: ;R1Ìi~rAgricújiù'r~í~~' Á"<;, .,., ,'. .' '. '.' ry;; p~~~~- -''''\'''''' .~~'f ;~~~~ '~i~~~ ~ ~~,~~~~1ih~;~-~?~?:·~~;..:~Y!~~~;·,~_:;:'~i.,·~·}?~~.':;,·J ·~':?(;,-~':~',:_i: i'_'¿~ '. 'co I?~~~t~~1:tT ",'1:, ~....:, .. '-':-~~ ..~~";¡. -. -:>"·;'¡'i:).",,,,¡ ,'. ";';:~; c':", t.~~1 ;n~J.~~ ,~,*i~~ il~ !R~idën'tiarsiñ2Ie Famtiy';'RSFI RSF6 , .....,..,~..r Residential Multiple Family-6 - RMF-6 Residential Multiple FamiIy-l 2 - RMF-12 Residential Multiple Family-l 6 - RMF-16 Residential Tourist - RT ;~¡j ;~::;l~~~~. ~i~~~~' ....} ~~~~~ ~.~~ :~t~ /Yilliil1·iF$":tf't·I·,;öäf::.fVR··7¡~~;i;;é,;~~:;ZUPé!~';, -·:~ti .·l.....," ,~~I,.¥' "11",."... e.. esl, en ~_"'.._ ';.~.';:"""" ~-~..y.'-"~-"-:';"i"""-"'''';"'''I'~;,'''''~·'''. ,~:c,; ~·Y~~t~~1 "~~ ,....;.;,;. ~~- .;§.?~ ;!i ~'~~~~~~t~MiI~~~~t~~f;~~~~,~-:Nf·~.~~:~~~\;¡;¡t~~)~~?!~~ . -.;.'111"' ...r;:: ,::~: lr;\~~~m! !.~1~i ,~~ ';'1i~'f~i 'ir!.l:1 ~mrf!âÑjt.:~;~;ç!:r~ªp~~~(X~~!g!~",:~t,::"':~\"<~ :.'. . .~ } ':u.., '~;f~'J ,..-,:', 'có'ìfiiDé';ciîil'Pr~fessiÖnâì'aÍld'General Office% '.' ~ . ",?:::;. ".";¡.t;; 'AV ¡'~;.; t'.':':'::;'·~.; ;;;:.s.:";.t1·¡';;~q~;;;_:..:,¡:-:,\:.--;'/ ~~X·j~F--.;--"" '"i., :.,':"- '-'-;..,,;~,' ;':'> :'\,- __:~ ~-_. 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Residential Multiple FamiIy-6 - RMF-6 Residential Multiple FamiIy-12 - RMF-12 Residential Multi,ple FamiIy-16 - RMF -16 Residential Tourist - RT c: _,;,~!~~~: ftf:;;:i :':Yb&gê<t<RéSid~íìtlJiJ _ YÎi:;':")i'i' '. '. :.' ""i~I''''!tlrMf{'''i!'!I;¡£'ê''ii'''''''' ';;.'". ....m....,'.~... . ...~.'....'f"...---::O'... ""'n.".'''.'''......"''. ...".'.......'.__....,.". . ".' .....,...,'<".'p n:~~k ~ ~! ~~ ~~~~i~~!!.~î~tX~,reFIe,,~~i'.·/;.<· '. :';::~; ,:~r1 j,~~ ~mméPclàï'p~e1"ši(j~¡riilid 'Gê"ri~¡'aÏ Óffié'e2 ,;c>":~-'_~',,::: '.·,¡~~~:'it ::;jr.' -~ ,~;~~~~~·~~~~:.:.Ä'"'*:fi.~r~~ ~. '.:,A.' ::,~...>. ;.., -:.. Commercial Convenience - C-2 Commercial Intermediate - C-3 '"tI General Commercial - C-4 '"tI Heavy Commercial _ C-5 ~":~~I'I ~J1!~~~_:¡¡wlf£jib£l;~,.Z,· .' i ~!l,-,¡I~c=ti:gc!ofiNiì~~tj~fi;!~_,:.. ,~ 'i'~:~~(a ~ ·onserya on.,,", ""~~,;.s"",·.~.t::,,::. 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(';- 0 000 SIC Code -..J-..J-... v....... ~j"-J.:- GC (") (") A (") E (") RSF-l (") RSF-2 (") RSF-3 (") RSF-4 (") RSF-S (") RSF-6 n RMF-6 RMF-12 RMF-16 RT VD MH > TTRVC: C-l C-2 C-3 (") C:-4 (") C-5 (") I BP (") CON p CF FMO ABO MSO BDMU BDMTT-W BDMTT-R- BDMU-R- BDMU-R- GZO :>n II ° o = ~ õ' = e:. ::: '" o * * -I * AI cr ¡- ~ * r- AI ;:, Q. UI c: * UI CD UI :T * AI - i: AI '< cr * CD ~ Õ :IE * AI cr ¡- :ï m * AI 0 :::T N 0 * ;:, :ï CQ c ~ * .. ñ - AI UI * > 0 0 CD UI * UI 0 -< c: UI * CD UI 0 .. 0 0 * ;:, ~ õ ;:, * !!!. c: UI CD !II * * * * * * * * n en en 0 Õ 0 = ::: g. ° ,0 e:. '"' ~ n en 0 '"' "O~ < a . ;::;. Q.CJ 0 ::: - '" ° ~ - '" '" '" êj Q. ...., ...., ...., 00 N N N ...., -... V. N N V. ...., ..- N I ...., ""'r 00 N N N ...., 00 VI ...., 1.0 - VI ..- 1.0 , ...., ...., N N -... VI ¡..> ..- - - . .. ..: . .' "0 "0 . "0 .... . ...,:." .. '-'.: "0 Q C') (J] S'(J] 0 s- £:& = C') = ~ ~(II q"g, ....C') (II _ (II ~~ ::I Õ o . :4 c.ca '" = '" ~. C') en ¡;¡en [ (II ::; www~w~w NNN N N \O-.J.:o N _ """.þ.- \0 ..- I .. ... ... .. .. .. > ('j .. en ~ en ~ en ~ ~ (II (II ~ ~ -.r:: Õ· r:: Õ· = C') en en en (II (II (II ª (II (II en S en en S š! (II (II ::t ::t Ro Ro Ro ~ ~ ~ C') C') C') ~ ~ ¡:¡¡ a a a õ' õ" õ" = = = ~-.J-.J-.J ~-.J-.J -.J -.J \0\0\0 \0\0 \0 \0 \O\O.:o \O.:o - - .0\ "N .00 ..... ..... - -. I ~ I ('j ('j ('j ('j .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: N/A LDCIUDC SECTION: various in the old LDC and UDC section 2.04.03 LDC SUPPLEMENT #: Supplement 18 CHANGE: on the interlocal. Adding educational plants as permitted uses in a few zoning districts based REASON: The interlocal agreement between the BCC and the School Board required this. Most of the changes to carry out this agreement were instituted in Cycle 3, 2003, but these were overlooked and/or did not make the transformation during the recodification in Cycle 1, 2004. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: p.m. This version created on August 25, 2004 at 1 :08 Amend the UDC [LDC] as follows: Table 1. Permissible Land Uses in Each Zoning District @) ". , " " .:".,.,v:",: >:.'" . Golf Course," GC _, "".""". . ..' ;RÖ';adAgrifíîltiir~ ~K.::<:' , '.cO: '~Êi&'"tê;jjj":,fJ¿";i.!J;d.t1t~~~}:,~."",~,;", .",' 1iês1dêlíií¡fsfugì~"Få:Dilly~4'RsFi - RSF6 Residential Multiple Family-6 - RMF-6 Residential Multiple Family-12 - RMF-12 Residential Multiple Family-16 - RMF-16 Residential Tourist - RT ". :~}2;~f.~f.:. :?~*;, ~~f' :i~ ,m~i!,~;{;; ;,ÿjlliig:'Rés~~tü::tVit~~F!~.;;i~g¡g;:'~:~~_'~~~fJ;: , "'15[' "i".[".r,~.f ~"",,';¡;"" ''/¡p '1\<- '''. ."'. ".-"~~.,......--...~>~~' . '. 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",'" ;:1 CommercialProfessioiiáhndGeneral Office Commercial Convenience - C-2 Commercial Intermediate - C-3 General Commercial - C-4 Heavy Commercial - C-5 :;~~~~tg~lfI"¡~~',,;!,'<":'~";%"': ',' Community Facility - CF Golden Glades Parkway Professional Office Farm Market Overlay (Immokalee) Agribusiness Overlay (Immokalee) ;""'Štre'ë(Õ,Wj:í~y'!(Î 1Ílri1'~kcaì~)'-',.:;~ . : ·~4~1!Æ~t~~ï~I~i¿~1~~?!,~~~~·~·..: ~,:_~~;;~;}:;~'''J:'I: -:iÜ'bi öujjà¥ìi-çòrirri1~rti~ì, Overîåý".' :~::',' :!m~r.~R~~:M~~~:Yl~~9,~~~!~f>'::..in'.,·'·:'· (W~tëtlroñts'úb'di~lìiêt;¡':@f:~¡~;~" " Residential Subdistrict (R-l) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) ~"WN_. »»» :. ::I ::I :. ::I ::I '<"<"<"<"< e:e:e:e:e:e: I)QI)QI)QI)QI)Q ::r:-::r=-=-::r {,:II rn fA rn ~ en n n (1 n n n ::r::r::r::r::r::r ~~~~~~ ooooõõ n (") n n n 0 CD I'» s:g I» I'» ØI ------ n n (1 n n (1 Q.o.Q.Q.Q.Q. 5' S' 5' S' 6' S' ë:ë:ã':ë:ã':ã': tG rn en tG en CA e,e,e,e,e,e, !!t, !!t. !!t. ff, ff. ~. ~g~~g,~ _. _. _. _. _. -. 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("( n (D n n 0 rn tI) (fJ tG en en n ('") (") (") n (") 0.::1, O. 0,::1,0, C"C"C"C"C"C" n (D n (D n n Q.Q.Q.Q.Q.Q. 6' 6' 5' 5' 6' 5' (1(1(1(1(1(1 ::r::r::r::r::r::r I'» þ) I'» I'» I'» I'» ~"s'""g'"S."s'_ n n n n n n .., ..., ..., ..., ... ..., ------ 000000 o 0 0 0 0 0 f-t') ~M' f-t') ~ f-t') e-S'-e-:r:r:r n n (D ("( n n t"'t"'t"'t"'r-'r-' t::I t"::1t:H:H:1 000000 @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC2: LDCIUDC SECTION: old LDC sections 2.2.15.2. and 2.2.15 1/2.2. and UDC 2.04.03 LDC SUPPLEMENT #: Supplement 18 CHANGE: Adding a footnote to the hotel/motel use in both the permitted and conditional use portion of the Use Tables in C-4 and C-5. REASON: This was mistakenly omitted in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 12:08 p.m. This version was created on September 8, 2004 at Amend the UDC [LDC] as follows: 2.04.03 Table of land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. Table 1. Permissible Land Uses in Each Zoning District ([}Jù 5' ~§' ~§' ~i:'.~ cÈ' n 11 C 11 C ...·11 11 11 ...' <: en <: en ØI 'ö n .... ..........(1) ....(1) rro 11 n ......nsns...·I1Ø1 r: ~ØI(1)(1)(1)(1)orr""...... en~en=s~ M'rr rr .... r r: ØI 11 '" i1' i1' G'J ~ III t»' :<I :%1 ê p. ...... ~ (1) (1) (1) '" en rr n n 11 ØI (1) en 11 11 ØI 11 11 (1) (1) ...... rr <: III ØI en.... rr M' n ...-.... (1) o 0 en ~ =s )0 CO " ..... n r: ...... rr C " III ...... [J) (1) ~ .... n (1) en cÈ' ~$~ ~5:~)o ~ In: "......I1"nr:n!fnr1'tI h'~ h':;-:::;::;:-:::;þ'g ~ Co r: r:r:I-" ........·=sOd ...... ............rrorrenrri1111 rr rr M' I-"ØI ....M' ....'<.CJ ~ ~~~'<~~g ~ ØI ØIØI () M' :1 ...... ...... ...... i1' ØI 1-'- en ii3 11 <: (1) II ~~Q() ()~ 0 rt M' =s en 1-" t P. .... M' () n o <: () 11 (1) o ...·11 <: en " M' en .... .... n (1) (1) CIJ III n III no III I-' n tI I-' III II Colli tI 111....0;.;- 1IIr1' 0....111 n tOCJCD '<tlCJI-' III I-' =I-'rt : III g. U III tll-''tJ -g.CJt o Otr "'... tr .... r1' CJ Co en (1) " <: .... n () CIJ Ol'll II t . r1' 1II'tJ 'tJ ... II CJ : R R Ie rt rt nl'T I'T II CJ CJ 'tJ Co Co I'T ...~ 0.... tll'T IIItr 'II . ê~ 1-" \D p.\D () en rr o o C =s 11 l':;' ~. M' ..,¡ \D .... .... w 000000 ....,J .....J ....,J..,J-..J-..J...,J t\.J NQ)N......CD~ .... ww.Þo......w.... I W ..,¡ '" 00 00 w '" '" 00 ..,¡ '" .... SIC Code . . . . ..,¡ \D \D .... 00 ..,¡..,¡ "'''' "'.... o ..,¡ ..,. '" .. . 1.< ..~~....:;; ,:;, ·"i.' ,~:',- "~'¡_ .~ ..'" "),,:r /-<5~: .~~.~ 00 0 ..,¡..,¡ ....¡ 00'" V1 "'''' '" - I I ;·'>':;:;;·!:¡~t~ GoJ.£Couriul;;;~j;C):'iC.'.,,'¢; ".. .. ,,;.:..:1',: ,..."t)r..~~~P_'-"""!;~fZ~ .::',!"¡_, ,.-ß::;: .':; ""'-"'- ..~.. ',.,. '~,. ~.~- ,< .. .... ...'" ,~. ,f. "'f.~Y "", c_ '.-'; _._...'~:" ~~~~;~~ ~\.&,~ :;~~W ~,.' "'~ t;;.1~'~ \~(!is~~~~~~;':~~~:¥:;~~,~j:;{i]~··:~?~~'S~~~.: ':~,~·~~l~~~~Zt!:··i!1E:~lfef;i:~:~?ji:~:Z? ;f· 1:\:' I'f~~ '- ,,' .~;~: '._"~ '" _¿I. '~"""~'-'" ''''''J".,~ .~ ';':C',' :~'~ir~:..~ f1i~ ~~.! :,;., t~ :~:i';,{.: _'O:"-~ ~1_1-~;:~: "4$W"'"-"" -;" --'.~~~ ~!.{-~ ,~.~~ 1:,;~~:5r~:~-.'·~i~ -:~r.t~~. '~~~~~~åf;:iIf~~~:~~~Y.::¡;r-~":,· Re.i~ential MUltiple Pamily-6 _ Re.idential MUltiple Pamily-12 Residential MUltiple Pamily-16 Residential Tourist - RT ,.',., :~:: 1::~~~~,:~~~_ :~~~~~··;;~:E~ J-: '~i~I :.', .~~'£!!~!~~~:,:,;:~~¡~".:~,~ \:;~\'~r::; - :.-T ". ¡;~;-~t'~I .~t~~ ~:'(;'::;~: ~l~ r~~~:: .~;,,-r: '- :"'Kõb:i.ßrÎir~·_·~~'t!.~;~ìâ(~~'I~:~;.~~¿F:-~:~~f~~f;:~·i~·;,~~:'_'::~ r"I~~ 1i$t;1I ;~T.€ ~ >;r~·..{;'¡ ",' '~~~~~~~~¥f=~.:;~~"" '~'~"""'f ,;#,:',', :;;,~;;. . ti;[\ : ~ . c;;;;';:'~ërái¡P.rõ:f.ârioDal åDd ,., ,...'. -;..~;'!J!-Ui;;: "~;0 I":;:· ."'. "O.åèDiRl.'oWê.·'~~';:;:':C_l'.i;",' >, '" Cammercial Convenience - C-2 ~-- '.-'~. '. IC:C ~~ ,'0."". :¿'..:"'f. J,~ïl':;¡ I, '>~"!'T '" "0 COIIIIIIerciaJ. :tntez:mediate - C-3 General Commercial - C-4 '" "0 '" Heavy Commercial - C-S '" ~ .¡, .' ~,:::; . .: ~ë;~ i ·";,1····· ii~ r"'~I~! 1,P'i·· ¡~ .~i~7±!'it'T,!Fi-~VZ¡z"'.~!)¡,· ,'.- ';""".'''' -'..."".,.,.,.. '. ,...,~.'&l12'%:.?:yJ¡:''''-.~.>;i!''''.,;:_''''.',-,rd"'',,,..''. 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'B.:~~z:ê~:D;iVia:~ed ~se,," .1:', " ~~~ ~~~~~ !~.~} .-. ~~ ~~~~I:',,~:f~~~ .73+ ~~~w..:; t·~ ~ Ovi"riãY~~!~~~~{~ ;-~~' - ~; ::n'c~'~"~ '~;,~~~ .3_I- -..y ~ ~-... ¡~~~:~.~~~ ~_ t~~~f~~~;~è~~~f~~1> :;~~~þ-'!_~~ ,,~_.,.__',._ Re.idential Subdistrict (R-l) Residential Subdistrict 2 (R-2) Residential Subdistrict 3 (R-3) (fiJ) ~H~.~nHnH~H~~~~~~~~~~~n~ I;::S O::S;:l'::SO::lOO OOITI:OIT~O""I»I» O~ =~m~0~~1T1T=01;90I;S~~~ ~ ~ ....'0 ~ 9 ~ ........ ~ ro ro ro I; ::s ro I; ::s ro .... CD ø. rot;!;¡~~....en¡<:rol-'I-' ro...· ro...·::s1Q t;¡=lTlTolTl-'~~en en~ ~~ en~~Od en::srorol;¡t; ~o ~::r~::r~ till - o::s t; ....I-'....~~ ¡ ¡ ¡¡¡::¡ ....1; ....1; 8 '<,CD ro IT ¡ en ,¡ ro ¡ IT::S ::s >0 ::s::s ::s::s t; ~ n :;:1-' 1-'1;1-' ~~è' IQ.... IQ...·ØJ ~ ØJ:Þo 1»- <:::11 "" ~IT en IT...· t;1Q 0 H...·¡'Iro:;::;: -~ -~I-' t;ro::rn::so ::s00~ t; t;~ ....::s "'0 oro"JlTlTlTlT t<:!ro t<:!ro roo ::s= t;enØJ¡roroo .0- .0- t;... roS IQ 31-'1-'1-'t; ~ ¡:: ~Œ ~~ ~ ~ en enro -d' -d' - (' ~ '<: = = ¡... (' ro ro ::s ¡ ::s ::s ~I-' IT IT II n III OI1il '" 00 II I-' CD O~I-'I» 11 D D CD ø. II t! ~ lit-OW 1»'1:1 '1:1 II ~ ....01 01 o t-II 0 :e. e. ~ 0 II CD ~ 01 I-' II I-' ~ ~ ~ ¡:: I-'~ OIT .... II II II CII 01 CII 1I1»t:r 't!ø. ø. II ~ I-' '1:1 IT -ø.0I11 ....I! 0 Ot- o :T : IT ...t- DI tJ' t:r t- ~ 01 ø. SIC Code 01 o 11 0'\ W '" ...¡...¡ "'¡l11 l11 W l11 00 \00 0111 ...¡ I-' I-' ..... \0..... .....w I-' ..... ..... '" \0..... .......... '" I I I I 0'\ W '" l11 w l11 00 ...¡ ...¡ \0 \0 ..... 0 W \0 \0 \0 '" 0'\ - I-' - 0'\ .,. ...¡ ..... 0 ..... .,. ..... l11l11 ...¡...¡ w..... O'\W I l11 ...¡ ..... \0 - l11 ...¡ w ..... I '" -";",,' +,,'1,:: '.: :, -'" ~.~; ',:}~ ~~: .'. . ~~. ~:, '3~: ~!r~f~~ ::ó; '.::,:, " ;~HCou.:r::a." -:,~,;;: "~~l~Cü~turiLl, - A·..··· *-!þ'~të 0 Z;::>'þ':>: .;,aelÍidez¡:t,tal Si.:i1i7le .!,'amily - , I·'>''''', :,: :'. .. :+. .",', ,; ,I:. r~!~:P ." ;:[ I,~.. 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'" !'t !'t ET !'t 0 ~. ~ 0. ¡:: '" !'t g. ~ '" ~ 0 < ~ () () LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2: LDCIUDC SECTION: old LDC sections 2.2.15. - 2.2.16 and UDC section 2.04.03 LDC SUPPLEMENT #: Various CHANGE: Adding qualifying language to certain Agricultural Services. REASON: This language was originally in the UDC, but mistakenly omitted in the recodification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: p.m. This version was created on September 17, 2004 at 3:02 Amend the UDC [LDC] as follows: 2.04.03 Table of Land Uses in Each Zoning District The following tables identify the uses that are permissible by right in each zoning district and the uses that are allowable as CONDITIONAL or ACCESSORY USES. e ~ 1 , '" @!) o ::f £'~ ;Þi1';Þ "J;Þ;Þ t"' ¡::n-tIJ $1:'1 'tJ II) a. p, §' n p, en 0 p,f--' X '1 '1 '1 IJ ¡:: n n ::f $::f ......!» n II " 1-"1-'0 1-"$ ...... 1-"1-'°0 a. en a. en ::s $ n 0 n ::f rt ......::f¡:: -1-"0 ;.;- '0'0 '0 ¡:: ¡:: ¡:: rt I-"I-"::f c:: rt rt$ $ ...... f--' ......$0 rtenrt en 1-"en n t;'g g rtrt rt'1p' .....- rt ...... $ o CD CD ¡:: ¡:: ¡::cn,<: ~~f5 ::fCDf--' ::f 1-" 1-" '1 '1 '1 ~ P, f--' enrt rt Ø> Ø> P, IJ rt ......rt rt rt ...... ...... ...... 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(j30 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Cormac Giblin DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:258 LDCfUDC SECTION: 2.06.06 Old LDC section 2.7.7.4. - 2.7.7.7. and UDC section 2.06.04 - LDC SUPPLEMENT #: Original text CHANGE: Adding a portion of the AHDB provisions that were mistakenly omitted in the recent LDC rewrite. REASON: Unintended omission. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Various. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Version created on September 2,2004 at 5:24 p.m. Amend the UDC [LDC] as follows: 2.06.04 r2.7.7.4.1 Limitations on AFFORDABLE HOUSING densitv bonus. Anything to the contrary notwithstanding. the following limitations and conditions shall apply to all of the AHDB for a DEVELOPMENT: A. AFFORDABLE HOUSING densitv bonus DEVELOPMENT A GREEMENT reQuired. The AHDB shall be available to a DEVELOPMENT on Iv when an AHDB DEVELOPMENT AGREEMENT has been entered into by the developer/APPLICANT and the BCC. and such agreement has been approved by the county attornev and the BCC pursuant to the ublic hearin roces . hed in this section rior to execution. Amendments to such agreement shall be processed in the same manner as the original agreement. The AHDB DEVELOPMENT AGREEMENT shall include. at a minimum. the following provisions: 1. Legal description of the land subiect to the agreement and the names of its legal and equitable owners. 2. Total number of residential DWELLING UNITS in the DEVELOPMENT. 3. Minimum number of AFFORDABLE HOUSING units. categorized by level of household income. type of unit (single-family or multifamily. owner-occupied or rental). and number of bedrooms. required in the DEVELOPMENT. 4. Maximum number of AHDB DWELLING UNITS permitted in the DEVELOPMENT. 5. Gross RESIDENTIAL DENSITY of the DEVELOPMENT. 6. Amount of monthly rent for rental units. or the price and conditions under which an owner-occupied unit will be sold. for each type of AFFORDABLE HOUSING unit in accordance with the definition for each type of AFFORDABLE HOUSING rental unit (moderate. low. and very low). 7. The foregoing notwithstanding. any rent charged for an AFFORDABLE HOUSING unit rented to a low or very low income family shall not exceed 90 percent ofthe rent charged for a comparable market rate dwelling in the same or similar DEVELOPMENT. Comparable market rate means the rental amount charged for the last market rate dwelling unit of comparable square footage. amenities. and number of bedrooms. to be rented in the same DEVELOPMENT. 8. No AFFORDABLE HOUSING unit in the DEVELOPMENT shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as moderate. low. or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. 9. No AFFORDABLE HOUSING unit that is to be sold. leased with option to purchase. or otherwise conveyed in the DEVELOPMENT shall be sold. leased with option to purchase. or otherwise conveyed to a buyer whose household incom t been verified and certified in accordance with this section as moderate. low. or very low income familv. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent ofthis section to keep housing affordable: therefore. any person who buys an AFFORDABLE HOUSING unit must agree. in a lien instrument to be recorded with the clerk of the circuit court of Collier County. Florida. that ifhe sells the property (including the land andJor the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10. For example. a person originally buys a designated AFFORDABLE HOUSING unit (a house) for $60.000.00 and sells it after five years for $80.000.00. A five percent increase per vear for five years will give a value of $76.577.00. Deducting this amount from the sales price of $80.000.00 gives a difference of$3.423.00. The seller would then owe the county $1.711.50 (one-half of $3.423.00). Payment of this amount would release the first owner from the recorded lien against the property. Such payment shall be maintained in a segregated fund. established bv the county solely for AFFORDABLE HOUSING purposes. and such monev shall be used solely to encourage. provide for. or promote AFFORDABLE HOUSING in Collier County. 11. No AFFORDABLE HOUSING unit in anv BUILDING or STRUCTURE in the DEVELOPMENT shall be occupied by the developer. any person related to or affiliated with the developer. or a resident manager. 12. When the developer advertises. rents. sells or maintains the AFFORDABLE HOUSING unit. it must advertise. rent. sell. and maintain the same in a nondiscriminatory manner and make available any relevant information to anv person who is interested in renting or purchasing such AFFORDABLE HOUSING unit. The developer shall agree to be responsible for payment of anv real estate commissions and fees. The AFFORDABLE HOUSING units in the DEVELOPMENT shall be identified on all BUILDING plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons. other than the potential tenant. buver or lender of the particular AFFORDABLE HOUSING unit or units. which units in the DEVELOPMENT are designated as AFFORDABLE HOUSING units. of the AFFORDABLE HOUSING units shall be the same as market rate DWELLING UNITS in the DEVELOPMENT. 15. The AHDB agÎ-eement and authorized DEVELOPMENT shall be consistent with the growth management plan and land DEVELOPMENT regulations of Collier County that are in effect at the time of DEVELOPMENT. Subsequently adopted laws and policies shall apply to the AHDB agreement and the DEVELOPMENT to the extent that they are not in conflict with the number. type of AFFORDABLE HOUSING units and the amount of AHDB approved for the DEVELOPMENT. 16. The AFFORDABLE HOUSING units shall be intennixed with. and not segregated from. the market rate DWELLING UNITS in the DEVELOPMENT. 17. The conditions contained in the AHDB DEVELOPMENT AGREEMENT shall constitute covenants. restrictions. and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at anytime and from time to time. 18. The AHDB DEVELOPMENT AGREEMENT shall be recorded in the official records of Collier County. Florida. subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 19. Each AFFORDABLE HOUSING unit shall be restricted to remain and be maintained as the type of AFFORDABLE HOUSING rental unit (moderate. low or very low income) designated in accordance with the AHDB DEVELOPMENT AGREEMENT for at least 15 years from the issuance of a certificate of occupancy for such unit. 20. The developer and owner of the DEVELOPMENT shall provide on-site management to assure appropriate security. maintenance and appearance of the DEVELOPMENT and the DWELLING UNITS where these issues are a factor. B. Compliance with flrowth manaf!ement plan and land DEVELOPMENT reflUlations. The AHDB shall be available to a DEVELOPMENT only to the extent that it otherwise complies and is consistent with the GMP and the land DEVELOPMENT regulations. including the procedures. requirements. conditions and criteria for planned unit DEVELOPMENTS (PUDs) and rezonings. where applicable. C. Minimum number of AFFORDABLE HOUSING units. The minimum number of AFFORDABLE HOUSING units that shall be provided in a DEVELOPMENT purs~tion shall be ten AFFORDABLE HOUSING units. D. Nontransferable. The AHDB is not transferrable between DEVELOPMENTS or properties. E. Phasinf!. In the case where a DEVELOPMENT will occur in more than one phase. the percentage of AFFORDABLE HOUSING units to which the developer has committed for the total DEVELOPMENT shall be maintained in each phase and shall be constructed as part of each phase of the DEVELOPMENT on the property. For example, if the total DEVELOPMENT'S AHDB is based on the provision often percent ofthe total DWELLING UNITS as AFFORDABLE HOUSING rental units for low income households with two bedrooms per unit. then each phase must maintain that same percentage (ten percent in this case) cumulatively. 2.06.05 r2.7.7.5.1 AFFORDABLE HOUSING density bonus monitorinf! J}rOflram. A. Annual prOf!ress and monitorinf! report. The AHDB for a DEVELOPMENT shall be subiect to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or his designee with an annual progress and monitoring report regarding the delivery of AFFORDABLE HOUSING rental units throughout the period of their construction, rental and occupancv for each of the developer's DEVELOPMENTS which involve the AHDB in a form developed by the County Mana2;er or his designee. The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section and provide information with regard to AFFORDABLE HOUSING in Collier County. To the extent feasible, the County Manager or his designee shall maintain public records of all DWELLING UNITS (AHDB and AFFORDABLE HOUSING units) constructed pursuant to the AHDB program. all AFFORDABLE HOUSING units constructed pursuant to the AHDB program, occupancy statistics of such DWELLING UNITS, complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, a list of those persons who have participated as tenants or buyers in the AHDB program. and such other records and information as the County Manager or his designee believes may be necessary or desirable to monitor the success of the AHDB program and the degree of compliance therewith. Failure to complete and submit the monitoring report to the County Manager or his desi!.µ1ee within 60 days from the due date will result in a penalty of UP to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. B. Income veri lcation and eer. . 1. Elif!ibilitv. The determination of elhribility of moderate. low. and very low income families to rent or buy and occupy AFFORDABLE HOUSING units is the central component of the AHDB monitoring program. Family income eligibility is a three-step process: (1) submittal of an application by a buyer or tenant; (2) verification of family income: and (3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant being qualified as an eligible family to rent or purchase and occupy an AFFORDABLE HOUSING unit pursuant to the AHDB program. No person shall occupy an AFFORDABLE HOUSING unit provided under the AHDB program prior to being Qualified at the appropriate level of income (moderate. low or very low income). 2. The developer shall be responsible for accepting applications from buyers or tenants. verifying income and obtaining the income certification for its DEVELOPMENT which involves AHDB. and all forms and documentation must be provided to the County Manager or his designee prior to qualification of the buyer or tenant as a moderate. low or very low income family. The County Manager or his designee shall review all documentation provided. and may verify the information provided from time to time. Prior to occupancy by a qualified buyer or tenant. the developer shall provide to the County Manager or his designee. at a minimum. the application for AFFORDABLE HOUSING Qualification. including the income verification form and the income certification form. and the purchase contract. lease. or rental agreement for that qualified buyer or tenant. At a minimum. the lease shall include the name. address and telephone number of the head of household and all other occupants. a description of the unit to be rented. the term of the lease. the rental amount. the use ofthe premises. and the rights and obligations ofthe parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. 3. Apvlication. A potential buyer or tenant shall apply to the developer. owner. manager. or agent to qualify as a moderate. low. or very low income family for the purpose of renting and occupYing an AFFORDABLE HOUSING rental unit pursuant to the AHDB program. The application for AFFORDABLE HOUSING qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. 4. Income verification. The County Manager or his designee or the developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant (including the entire household). The written verification form shall include. at a minimum. the purpose of the verification. a statement to release information. employer verification of grOSS annual income or rate of a number of hours wor uenc of a bonuses ti s and commissions and a signature block with the date of application. The verification may take the fonn of the most recent vear's federal income tax return for the potential occupants (including the entire household). a statement to rèlease infonnation. tenant verification ofthe return. and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-dav period. the infonnation may be verbally updated from the original sources for an additional 30 days. provided it has been documented by the person preparing the original verification. After this time, a new verification fonn must be completed. 5. Income certification. Upon receipt of the application and verification of income. an income certification fonn shall be executed by the potential buyer or tenant (including the entire household) prior to sale or rental and occupancy of the AFFORDABLE HOUSING unit by the owner or tenant. Income certification that the potential occupant has a moderate. low, or very low household income qualifies the potential occupant as an eligible family to buy or rent and occupy an AFFORDABLE HOUSING unit under the AHDB program. The income certification shall be in a fonn provided by the County Manager or his designee. 2.06.06 r2.7.7.6.1 Violations and enforcement. A. Violations. It is a violation of section 2.06.00 to rent. sell or occupy, or attempt to rent. sell or occupy. an AFFORDABLE HOUSING rental unit provided under the AHDB program except as specifically pennitted by the tenns of section 2.06.00. or to knowingly give false or misleading infonnation with respect to any infonnation required or requested by the County Manager or his desÜmee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is detennined that there is a violation of section 2.06.00. a notice of violation shall be issued and sent by the County Manager or his designee by certified return receipt requested U.S. mail. or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing. shall be signed and dated by the Countv Manager or his designee or such other county personnel as may be authorized by the BCC. shall specify the violation or violations. shall state that said violation(s) shall be corrected within ten days of the date of notice of violation. and shall state that if said violation( s) is not corrected bv the specified date that civil and/or criminal enforcement mav be pursued. If said violation(s) is not corrected by the specified date in the notice of violation. the County Manager or his designee shall issue a citation which shall state the date and time of issuance. name and address of the person in violation. date of the violation, section of these regulations, or subsequent amendments thereto, violated name of the Coun er or his desi ee and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county iail for a tenn not to exceed 60 days, or by both, pursuant to the provisions ofF.S. & 125.69. Such person also shall pay all costs. including reasonable attorneys fees. including those incurred on appeal. involved in the case. Each day such violation continues, and each violation. shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above. Collier County and the County Manager or his designee shall have full power to enforce the tenns of this section and any AHDB DEVELOPMENT AGREEMENTS. rezoning conditions or stipulations. and planned unit DEVELOPMENT (POD) conditions and stipulations pursuant to this section and the rights. privileges and conditions described herein. by action at law or equity. In the event that it is detennined that a violation has occurred and has not or will not be corrected within 60 days. the certificate of occupancy for all AHDB units within the DEVELOPMENT shall be withdrawn and the sanctions or penalties provided in the AHDB DEVELOPMENT AGREEMENT shall be pursued to the fullest extent allowed by law. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC 2:27 LDC/UDC SECTION: old LDC section 2.2.5.4.4. and UDC 4.02.01 A. (Table 2) LDC SUPPLEMENT #: Supplement 9 CHANGE: Changing the building height in the RMF-6 Zoning District from 3 habitable floors to 35 feet. REASON: To maintain consistency with the building heights in the other zoning districts, which are all measured in feet and not by habitable floors. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: of building height old LDC 6.3 and UDC 1.08.02 - definition GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 6/28/04 at 11 :48 a.m. Amend the LDCIUDC as follows: 4.02.00 SITE DESIGN STANDARDS 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the PRINCIPAL BUILDING on each site. * * * * * * * * ([j?) * * * * * T bl 2 BUILDING D' St d d f¡ p' . I U . B Z . D' t . a e . ImenSIon an ar S or rlDcIpl e ses lD ase onlD ~ IS ncts. Minimum Maximum Distance Minimum Floor Area BUILDING Between of BIDLDINGS FLOOR AREA Zoning Height (feet) BUILDINGS (square feet) RATIO (%) District GC 35 None None None A 35 None 550 None E 30 None 1,000 None I-story 2-story RSF-l 35 None 1,500 1,800 None RSF-2 35 None 1,500 1,800 None RSF-3 35 None 1,000 1,200 None RSF -4 35 None 800 1,200 RSF-5 35 None 600 1,200 None RSF -6 35 None 600 800 None RMF-6 Three (3) A 750 None habitable fl~9f~ 35 RMF-12 50 A Efficiency 450 None 1 BR 600 2+BR 750 RMF -16 75 A Efficiency 450 None IBR 600 2+BR 750 RT 10 stories, not to 300 exceed 100' A (max. for hotel units = None 500') VR S.F. 30 None MH 30 None Duplex30 None None None M.P. 35 B MH 30 None None None TTRVC 30 10 None None C-l 35 None 1,000 (ground floor) None C-2 35 A 1,000 (ground floor) None C-3 50 None 700 (ground floor) None C-4 75 A 700 (ground floor) Hotels .60 Destination - resort .80 (I yet ::5 C-5 35 A 700 (ground floor) Hotels .60 Destination resort .80 I 50 A 1,000 None BP 35 A 1,000 None CON 35 None None None p C None None None CF T owers/ antennas D 1,000 (ground floor) None 40 Other 30 Overlay See table of special design requirements applicable to overlay districts. Districts A = 50% of the sum of the heights of the BUILDINGS, but not less than 15 feet. B = 50% of the sum of the heights of the BUILDINGS. C = BUILDINGS within 100 feet ofan adjoining district are limited to the height of the most restrictive of an adjoining district. D = 50% of the sum of the heights of the BUILDINGS, but not less than 25 feet. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC2: 124.34.1 0 LDCfUDC SECTION: old LDC section 2.3.4.11.2. (c) and ODC 4.05.02 K.3. LDC SUPPLEMENT #: Supplement 14 CHANGE: Adding a portion of the parking standards that were mistakenly omitted in the recodification. REASON: See above. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 12:25 p.m. This version was created on October 5, 2004 at Amend the UDC [LDC] as follows: 4.05.02 K [2.3.4.11.2. (c)] 1:. &.- Parkinf! exemTJtion. a. h The BZA, after review and recommendation by the planning commission. may approve a parking exemption under the following circumstances: (1 ) The pennitted use and the proposed off-site parking 'LOT are separated by a collector or arterial roadway: 2 The LOT is not zoned commercial' (3) Shared parking. in which two or more pennitted uses utilize the same. or a portion of the same required parking. (4) Parking reservation. in which the petitioner believes that the number of required parking spaces is excessive and wishes to reduce the number of parking spaces required to be constructed. while reserving the land area for future parking spaces if detennined necessary by the County Manager or his designee. or the BZA. (5) STRUCTURES in commercial zoning districts shall be set back a minimum of 15 feet from residentially zoned LOTS which have been granted a parking exemption. b. ~ The planning commission and the BZA shall consider the following criteria for the approval of a parking exemption: (1) Whether the amount of off-site parking is required by sections 4.05.04 G. and 4.05.09. or is in excess ofthese requirements. (2) The distance of the farthest parking space from the facility to be served. (3) Pedestrian safety if the LOTS are separated by a collector or arterial roadway. (4) Pedestrian and vehicular safety. (5) The character and quality of the neighborhood and the future development of surrounding properties. (6) Potential parking problems for neighboring properties. (7) Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. (8) Whether vehicular access shall be from or onto residential STREETS. (9) Whether BUFFERS adiacent to the property zoned residential are 15 feet in width and include a wall in addition to required landscaping. (10) Whether the off-site parking area will be used for valet parking. (11) Whether the off-site parking area will be used for employee parking. (12) Whether there are more viable alternatives available. c. ~ Off-STREET parking areas must be accessible from a STREET. ALLEY or other PUBLIC RIGHT-OF-WAY and all off-STREET parking facilities must be so arranged that no motor vehicle shall have to back onto any STREET. excluding single-family and two-family residential DWELLINGS and churches approved under sections 4.05.04 G. and 4.05.09. @ LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: Various LDCIUDC SECTION: old LDC 2.2.20.2.4. and UDC section 4.07.01 LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding a few portions to the PUD section of the Code. REASON: These provisions were in the LDC prior to the recodification and were mistakenly omitted when the recodification was perfonned. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: UDC 2.03.06 and 10.02.13 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESIVERSION DATE: 5:45 p.m. This version was created on August 31, 2004 at Amend the UDC [LDC) as follows: 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS 4.07.01 Unified Control A. All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the APPLICANT, whether that APPLICANT be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. B. The APPLICANT shall present competent substantial evidence ofthe unified contm] o[the entire area Wi~sed PUD district and shaH state agreement that ifhe proceeds with the proposed development. he will: 1. Notify the planning services department in writing of any change in ownership, control and/or name ofthe development. 2. Do so in accordance with: a. The PUD master plan of development officially adopted for the district; b. Regulations and development standards as set forth in the PUD document and PUD master plan; c. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and d. The Collier County €ITowth management plan and land development code. 3. Provide written agreements, contracts, deed restrictions, or sureties acceptable to the county for completion of the undertaking in accord with the adopted PUD master plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense: and 4. Bind his successors in title to any commitments made under sections 2.03.06, this section 4.07.00 and section 10.02.13. @ ORIGIN: Community Development and Environmental Services AUTHOR: Various (Robin Meyer, Diana Compagnone and Russell Webb) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: Various LDCIUDC SECTION: old LDC Division 2.5. and UDC section 5.06.00 LDC SUPPLEMENT #: Various CHANGE: Rewriting certain portions of the Sign Code to place the provisions in a logical sequence, create a table to quickly identify the requirements for the various signs, and definitions added (separate amendment fonn) to ensure consistent interpretation and application of this section REASON: To provide clarity. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Various throughout the code. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: Text that is double struck through means that it has been relocated to another portion of the Sign Code and text that is double underlined is the relocated text. Text that is single underlined is completely new language. Amend the LDCIUDC as follows: 5.06.00 SIGNS 5.06.01 Generally Increased numbers and sizes of SIGNS, as well as certain types of lighting distract the attention of motorists and pedestrians, and interfere with traffic safety. The indiscriminate erection of SIGNS degrades the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermines the economic valµe oftourism, visitation and pennanent economic growth. A. Purpose and intent. cs~ ~ It is the intent and p,urpose of this SIGN code, and it shall be interpreted, to implement the goals, policies and objectives of the growth management plan, and to promote the health, safety, convenience, aesthetics, and general welfare of the community by controlling SIGNS which are intended to communicate to the public and to authorize the use of SIGNS which are: 1. Compatible with their surroundings. 2. Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists. 3. Appropriate to the type of activity to which they pertain. 4. Are large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property and small enough to satisfy the needs for regulation. 5. Reflective ofthe identity and creativity of the individual occupants. B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs. but may not encompass all of the requirements for those signs. For the specific regulations. please see the appropriate subsections throughout this section of the code. 0~ -~ / cnCX) 00 .. .. NO'I .. .. 00 .. .. 00 00 '" '" ..c ..c == .. 0'1" 00'1 =;; 0::;0 - a gæ- CD<C 0; º-::1, ~ ~ õ~ ;::0 Q.Q. ~~ '" '" ~~ '" (J "" o 0 ë»ëõ Q Q 00 a a c: c: :J :J Q.Q. NN o år o õ -< (")(")(") 000 :J :J :J 5!!. en en 2 2" 2" !l!lD. õ' Õ õ' :J :J :J .. 01 o cnw.. .þ,NN N o .. .. .. 0'100 01 .. .. .. 000 .. o o '" ..c = zzz :Þ:Þ:Þ " !J¡ !i ., CD ~ CD ~ m :J o CD CD X ë» ~ '" ~ õ ; ::~~ 00 Q) ëD Q] o '" 0 CD (ù '" ~ '" -<zz ~ 0 0 ~ '" ;;0::0::0 CD CD CD !!!.!!!.!!!. mmm '" '" '" S'ã)s" éDéDéD c»w.. .þ,NN .... .. .... 0'100 .... .. .... 000 zzz :Þ:Þ:Þ CD X ëõ £ g¡ = õ s: S-o~ 0¡J¡ Q) ëi) Q) o en (') ca ã1 en ~zz '" 0 0 ([50 (") o 3 3 CD Ò ![ en IÕ :J Q <0 CD (") o :J g, Õ :J !!!. c: '" CD W N CD .. o z :Þ .... 01 o = ã :J m <C CD -< CD '" c» .þ, CD .. o z :Þ z :Þ ~ '" o :J " CD 3 ¡¡; CD en cõ' :J en N ¡: 8- ~ :J: o 3 CD (")(")(") 000 ::J :J :J en en 2!. 222 ~~Sl Õ õ' õ' :J ::J :J W N ~~.þ, CD O'ICDc» .... o .. .. .. 000 z :Þ zzz :Þ:Þ:Þ CD X iÐ £ en en 0 en en 9' go~ ....1\) 00 m ëi) Q) o en 0 œ CD en z o ~zz en 0 0 -< CD en ~ en ;;0::0::0 CD (1) (1) !!!.!!!.!!!. mmm en en en mmm CõéiÏéiÏ ~~.þ, ~Q)(J) .. ..... 000 zzz :Þ:Þ:Þ CD X ëõ ~ g¡ ~ Õ :T 0"1\) -O:J .. Q 0(') I\) ëiI I\) (') en (') ã1 ã3 en -<zz ~ 0 0 ~ en en ccï ::J -I ~ CD en~ cg?< en z ~3 ~ 16 CD ., Q.g, ¡: ~~ " en '< cõ' ::J ¡: I\) ?< :J: (1) cC ;:r ::0 (1) en ë: CD ~ !!I en cõ' :J I\) <0 (1) en (1) éT I\) (') '" r- I\) :J a. en (') I\) " :;- <C ." a r- ::J 2- men <0 Ñ' CD (1) eno ~' ., ~aJ .c S. £§; CD :J a. <C -.)" -<CD g ~ z ~ ..c c: (ã» ~ ~ ::J õ' ¡¡j:J -.)!!!. -< Q z / @ ~ > c: Õ Õ en en 0 (1) CD 0 c: < < c: - £' õ' -" " 01 G) CD 01 ~ G) en en ~ C':I :E :E :E 0 0 C':I (1) æ:[ m,- ~ ~ ~ c: c: :J :J õ' õ' G) 0.. 0.. :J :J :E 0 ~ c: G) :E :J ~ 0.. 0 ~ c: :J 0.. ...... I\) I\) ...... I\) I\) I\) I\J I\J z CXI> ......z 0> I\J o OZ ~ > :::> I\J o #. 0" -" 5:. ~~ :::>ñi' ã-g :J 0.. ar CD CO () 3 DI X ~~ (I) (I) -<-< (1) (1) (I) (I) 0)...... o~ ...... c:.n 00) ,,"0 0) o z >CXI z...... >0 ...... o zo >~ :::> I\J o #. 0" 5. -"" ~~ ñi'= -g ã 0.. :J (1) 6) 'co 3 CD DI X ...... c:.n o ...... c:.n o -<-< (1) (1) (I) (I) -<-< (1) (1) (I) rJ) o ¡¡¡ ~ ~?ft 00" '0 s:. 0ë: 0., ~ ñi' ='!;! [g. (I) ~3 ~~ (I) I\J "t: c:.n ¡¡¡ 0 () I\J c:.n o z > z > z > ." a 3 1\)1\) c:.no 8* o 0" s:. -~ ~ cc_ cc 01 ~'!;! .c g. :::>. ~3 01 01 (I) X ~I\) ~g (I) " DI C':I (1) -< (1) (I) ~ (I) I\J o o z > z > z > c " I\J ÕO f\)*' ~O" Co s:, ~~ (I) _ .c 01 :::>'!;! [g. rJ) , ~ 3 ~ ~ rJ) ...... " c:.n ¡¡¡ 0 CD -< (1) (I) -< CD rJ) ...... c:.n o ......w O)I\J z > O)CXI z > ...... ...... 00 z > ...... ...... 00 00 (I) '" .c ..c =~ ...... ...... 01\) 0...... Õõ I\)~ Occ ècèc == - - a a :J ~ 6) DI COco (1) CD -< (1) (I) -<-< (1) CD '" (I) -< (1) (I) -<-< (1) CD rJ) rJ) 5.06.02 5.06.04 Permitted SIGNS A. SIGNS within residential zoned districts and as applicable to residential designated portions ofPUD zoned properties. 1. DEVELOPMENT standards. a. Maximum allowable height. All SIGNS within residential zoned districts and as applicable to residential designated portions of PUD zoned properties are limited to a maximum height of eight feet, or as provided within this Code. Height shall be measured fÌ"om the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppennost portion of the SIGN STRUCTURE. b. Minimum SETBACK. All SIGNS within residential zoned districts and as applicable to residentially designated portions of PUD zoned properties shall not be located closer than ten feet fÌ"om the property line, unless otherwise noted below or as provided for in section 1.04.04 C. as detennined by the county for safety and operation. 2. Real estate SIGNS. The following SIGNS classified as real estate SIGNS shall be pennitted in residential districts subject to the following: a. One ground SIGN with a maximum height of six feet or wall "For Sale," For Rent," or similar SIGN, with a maximum of four square feet in size, per STREET FRONTAGE for each PARCEL, or LOT less than one acre in size. Said SIGN shall be located no closer than ten feet fÌ"om any ADJACENT residentially used property and may be placed up to the property line ABUTTING a RIGHT-OF-WAY, provided it is a minimum of ten feet from the edge of pavement. (No BUILDING pennit required. ) b. One ground SIGN with a maximum height of eight feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 12 square feet in size, per STREET FRONTAGE for each PARCEL, or LOT one to ten acres in size. (No BUILDING pennit required.) c. One pole SIGN with a maximum height of 15 feet or wall "For Sale," "For Rent," or similar SIGN, with a maximum of 64 square feet in size, per STREET FRONTAGE for each PARCEL or LOT in excess of ten acres in size. d. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the CS~ / existing vegetation may not allow the location of the SIGN ten feet from the property ~ine, the County Manager or his designee may allow a reduction in the amount of the required SETBACK however, in no case. shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. e. Real estate SIGNS shall be removed when an applicable temporary use pennit has expired, or within seven days of any of the following conditions: ownership has changed; the property is no longer for sale; rent or lease; or, the model home is no longer being used as a model home. f. A SIGN advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. 3. Model home SIGNS. One on-premises SIGN for model homes, approved in conjunction with a temporary use pennit in any zoning district not to exceed 8 feet in height and 32 square feet in size. Model home SIGN copy shall be limited to the model name, builder's name, name and address, phone number, price, logo, and model home. Model home SIGNS shall not be illuminated in any manner. (No BUILDING permit required.) 4. Construction SIGNS. All supports for such SIGNS shall be securely built, constructed, and erected and shall be located on the site under construction, subject to the following: a. One ground SIGN with a maximum height of six feet or wall SIGN, with a maximum of four square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a pennit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING pennit required.) b. One ground SIGN with a maximum height of eight feet or wall SIGN, with a maximum of 12 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a pennit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING pennit required.) c. One pole SIGN with a maximum height of 15 feet or wall SIGN, with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a pennit board, within each FRONT YARD for each PARCEL in excess of ten acres In SIze. d. One ground or wall SIGN, with a maximum of four square feet in size, may be use(J" 5~truction SIGN by each contr~ lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. (No BUILDING pennit .required.) e. Advertising of any kind is not pennitted on construction signs. 5. Residential directional or identification SIGNS. Directional or identification SIGNS no greater than four square feet in size, and located internal to the SUBDIVISION or DEVELOPMENT may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGNS shall only be used to identify the location or direction of approved uses such as models or model sales centers, club house, recreational areas, etc. These SIGNS may be CLUSTERED together to constitute a SIGN with a maximum area of 24 square feet and a maximum height of eight feet. Such CLUSTERED SIGNS shall require a BUILDING pennit. For signage to be located along the Golden Gate Parkway see section 2.03.07. 6. On-premises SIGNS within residential districts. Two ground SIGNS with a maximum height of eight feet or wall residential entrance or gate SIGNS may be located at each entrance to a multi-family, single-family, MOBILE HOME or RECREATIONAL VEHICLE park subject to the following requirements: a. Such SIGNS shall contain only the name of the SUBDIVISION, the insignia or motto of the DEVELOPMENT and shall not contain promotional or sales material. Said SIGNS shall maintain a ten-foot SETBACK from any property line unless placed on a fence or wall subject to the restriction set forth in section 5.03.02. Furthennore, bridge SIGNS located on private bridges directly leading to private communities shall not be considered off-premise SIGNS. Bridge SIGNS complying with the requirements of section 5.06.04 5.06.02 may be substituted for ground or wall SIGNS in residential districts. b. The ground or wall SIGNS shall not exceed a combined area of 64 square feet, and shall not exceed the height or length of the wall or gate upon which it is located. c. Logos without any verbal content and similar architectural features less than ten square feet in area not containing any letters or numbers shall not be considered SIGNS and shall be allowed throughout the DEVELOPMENT. However, should such architectural embellishments be located closer than ten feet to any SIGN, then it should be considered an integral part of the SIGN and shall be subject to the restrictions of this section. 7. CONDITIONAL US~0esidential and agricultural districts. ~ a. CONDITIONAL USES within the residential district are permitted one, wall SIGN with a maximum of 32 square feet. Comer LOTS are pe~itted two such wall SIGNS. b. CONDITIONAL USES within the agricultural district in the urban area, residential and estates districts with a STREET FRONTAGE of 150 feet or more and a land area of 43,560 square feet or larger are permitted a ground SIGN with a maximum height of eight feet and a maximum area of 32 square feet. c. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 12 square feet in size. (No BUILDING permit required.) d. The board of county commissioners may approve additional signage as may be deemed appropriate during the CONDITIONAL USE approval process. B. SIGNS within non-residential districts: 1. Design criteria and unified SIGN plan. Where multiple on-premise SIGNS are proposed for a single site or project, or in the case of a SHOPPING CENTER or multi-use BUILDING, a unified SIGN plan shall be employed. An application for site DEVELOPMENT or site improvement plan approval shall be accompanied by a graphic and narrative representation of the unified SIGN plan to be utilized on the site. The unified SIGN plan must be applied for by the property owner, or his or her AUTHORIZED AGENT. The unified SIGN plan may be amended and resubmitted for approval to reflect style changes or changing tenant needs. Design elements which shall be addressed in both graphic and narrative form include: a. Colors; b. Construction materials and method; c. Architectural design; d. Illumination method; e. Copy style; f. SIGN type(s) and location(s); and, èonformance with the following: g. N. wnll EIGi>1 Ok'ð§ ~ ",oo,,! of 110.0 wi~lh of ¡oo ....;1(0) ? Sf tke BlTI1.RINC 888~ie8 8r a InleiR8ae '::ita a æiRiæMæ sfteR pef8eRt SJ¡iSf afea 8R saek sNter 88ge Sfth8 Nftit(s) sr tke BUILQIÞrC; k. .^Jl '::all ~ICN~ fsr æNlti ue8 BUJI..RIÞrC~ skall 88 leBateà at a sSRsistBRt le8ati8R SR tke RUI1.DINC F AC.~E, eH88pt tkat f_l\JCIIOR TEþJ:I_l\rT~ ma:,' ','aF)' 1f8æ tms l88ati8Ral r8Ei1:iÏfeæ8Rt iR s88.18 ':.'itk the tm.eksf'a t8R8.ßt'!ì larger pFÎæ8fj' F j,LC.\.BE diæeRBi8Rs. .^.d1 gICN~ skall ask ere ts tft8 àiæ8RBi8R8 Pf8'.'id8à :fur in tke æH:H8à ~ICþJ pl!m; ami i. .P81e ~ICÞr~ BRan pr8':iès a psIs S8':Sf R8 Isa8 tft8.ß 59 pers8Rt sf tØe '::iètk sf tfte ~ICN, '::¡tft Rf8hiteeMal àS8igH roatw'88 iRe1u,diRg 8slsFa ø.nà'sr æat8Hals SSHlæ8R t8 tft8e8 Hssè ¡R tke è8BigE. 8f tfte BUILDINC tke ~1{:Þr is a8seBs8FY t8. f~ æiRiæüm 199 sEiHafe fsst plantiRg ar8a Bkall 8e pn!l':id8d ar8äR8 tke 8&Se sf Rfl)' gt'8änè 8r psle ~ICN, 88RBistEmt '::itk the pFs':isisRa 8fthis sesti8R 8ftk¡s C8de. j. The ground or pole SIGN shall not be in the shape of a logo and the logo shall not protrude ITorn the SIGN. k. The use of fluorescent colors is prohibited. 1. l)!,TTP,1RC.E1.S m aàèiti8R ts tk8 &88':8 r8EiH¡F8æsRts, ~ICN~ far OUTP.!ÆCEl.~, regarè18Bs 8f tft8 Bii!ie 8f tk8 OUTP:I-RCEl., akall 88 1iæitsè t8 tlis falls'::iRg: i. In aàèiti8R t8 an~' '::all ~ICÞŒ p8Fm.i*eà 8~' tfM8 C8èe, OUTP f....RCE1.~ æ&)' 8~' a1l8'K8à 8R8 aààiti8Ral EJiuÍ'J' B€tMafe 1ast \':all ~ICN meiRg tks ~IIOPPINC CENTER if the adèiti8Ral ~ICN ia RSt 8FÏeRtsà t8'::æ-às an~' pu,è1ie RICIIT OF ~'.It Y. In liS 8aS8 skaIl tke RWB8sr 8f ':,1111 ~ICÞ>I~ fer an Ol,TTPARcCEL sneseà 1?::8 ~ICN~; ana, n. .^~ siRg1e gfSW11i ~ICN far OUTP J....RCE1.E ka':iRg a FRONTJ...CE sf IS9 f88t sr æSF8, list t8 8ussed 89 siiäare fest. Cf81mli ~ICÞŒ sliaIl 8S 1iæitsà t8 8igkt feet iR keigftt. 5.06.03 5.96.95 DEVELOPMENT Standards for SIGNS A. DEVELOPMENT standards. 1. Han¡mlilH all ST::aèIs ksigkt. 1..11 p8ls 8r gf€nmà ~ICÞrS 7:ithiR Reæ-sBièefttial zeRed diet¥Ïets aad as a~pliB8.818 t8 RSl1fesilieRtia1 liesi.§fiated p8ft:i8RS ef])oo Ø8R8d pfsp8RieB an liæiteà t8 a Hum¡1Btim ke:igftt ef IS fBet T.'.<RSR lseated a18Rg 8.ß .illTEIR..\L 8f COl.LECTOR R9.W~'.ltY aad 12 ¡B8t ¡8r all 8tk8f r8alis, eHeept as flfS':ièsd ¡R this Cede :fur p81s 8r ;'~-~d ~ICN~ fer L{JT01\iOB"7:~E ~T.ltTIOþJ~ anli O{JTP~CEL8 ~ 7 '!:hieh are lilRiteà ts a IRædææR heigÐt sf BigÐt feet¡ tke mauimWH l1eigkt f@r àireetsF)' ~ICN~ ,is liæiteà te 29 feet. HeigÐt shall 13e measäreà fFf~m tke 18';:est eeHterliøe' CRAI;}E sf tke H8af8st ~aèlie 8f ~fl·:ate R. O.1F. sr EA~EÞ¡iENT tB tke ~~em18st ~8Fti8H BftkB ~ICN ~TRUCTURE. 2. HiH.imäIR ~ETR..4~CK. )-11 ~8le 8r gfB\tBà ~ICNS ';:itkiH R8l1f'BSiàeHtial Z8R8à àistR8ts anà as a~fJliBa13l8 ts H8l1f'Ssià8H.tial àssigø.at8à JHn"4:i8RB Bf POO Z8H.8à ~FS~8Fti8S sAall H8t 13e 18eatBà sl8ser tAan 18H feet W8m tke ~r8l3sF4j' liH.e. Dir8BtsFY ~ICN~ sAall .e8t 13e eleser tAan 15 fe8t fr8m tke ~re~BNJ' liH8, lill18sB S18.8F::ise Heteà 1381e';: €If aB ~re':iàeà fer iH B8etieR UH.91 C. ð. MæriæaiR alle?:a13IB SICN lifea¡ 29 Biltlaf8 f8et fer ~el¡¡¡ sr gfe\tBà SICNS 188ateà al8Rg aH art8Ral 8r COl.l.ECTOR ROAIl\~TLY anà 59 Biläaf8 wet f8f all etk8r flõ3aàB, é9 siläar8 feet fer OtJTPARCELS 8.Rà LtTT01'liORILE ~ERNICE ~TATION~ anà 159 B~life feet fef àifeet8FY ~ICN~. 4. The l8e!Ni8H 8f all l3em1tm.eHt l38Ie, gfslllià aRà àire8tel)' ~ICN~ sl1all138 sRe';.'B 8ft 18.e laHàse8fJe ~ltm.s as reiläiniJà 13,)' 88eti8R 4.95.95. ~ 1:. The maximum size limitation shall apply to each STRUCTURE. Pole or ground SIGNS may be placed back to back or in V -type construction with not more than one display on each facing for a maximum of two display areas for each V-type SIGN, and such SIGN STRUCTURE shall be considered as one SIGN. &:. 2. Spot or floodlights shall be pennitted only where such spot or floodlight is non-revolving and said light shines only on the owner's premises or SIGNS and away ftom any RIGHT -OF - WAY. 3. Official Address Numbers and! or the range of Official Address Numbers shall be posted within the upper third portion of the SIGN face or in the area defined in this section of the Land Development Code of Commercial and residential sÜmage that utilizes the following SIGN types: pole SIGN. ground SIGN. and directory SIGNS. Address numbers on SIGNS shall be a minimum height of eight (8) inches. 5.06.04 5.Q€i.O€i SIGN Standards for Specific Situations A. Real estate SIGNS: As defined, shall be pennitted in non-residential districts subj ect to the following: 1. One ground SIGN with a maximum height often feet or wall SIGN with a maximum area of twelve square feet in size per STREET FRONT AGE for each PARCEL, or LOT less than one acre in size. (No BUILDING pennit required.) 0= b ~. 2. One ground SIGN with a maximum height often feet or wall SIGN with a maximum 32 sq1;lare feet in size, per STREET FRONTAGE for each PARCEL, or LO,! one to ten acres in size. (No BUILDING pennit required.) 3. One ground SIGN with a maximum height of 15 feet or wall SIGN with a maximum of 64 square feet in size, per STREET FRONTAGE for each PARCEL or LOT in excess of ten acres in size. A BUILDING pennit is required. 4. Real estate SIGNS shall not be located closer than ten feet from any property line. In the case of undeveloped PARCELS where the existing vegetation may not allow the location of the SIGN ten feet from the property line, the County Manager or his designee may allow a reduction in the amount of the required SETBACK however, in no case shall said SIGN be located closer than five feet from any property line unless authorized by the board of zoning appeals through the variance process. 5. Real estate SIGNS shall be removed when an applicable temporary use pennit has expired, or within seven days of any of the following conditions: ownership has changed; or, the property is no longer for sale, rent or lease. 6. A SIGN advertising that a property has been sold or leased shall not be displayed for more than 14 days after it is erected. B. Construction SIGNS. All supports for such SIGNS shall be securely built, constructed, and erected and shall be located on the site under construction and no closer than ten feet from any property line, and subject to the following: 1. One ground SIGN with a maximum height of ten feet or wall SIGN, with a maximum of 12 square feet, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a pennit board, within each FRONT YARD for each PARCEL less than one acre in size. (No BUILDING pennit required.) 2. One ground SIGN with a maximum height often feet or wall SIGN, with a maximum of 32 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as a pennit board, within each FRONT YARD for each PARCEL one to ten acres in size. (No BUILDING pennit required.) 3. One pole SIGN with a maximum height of 15 feet or wall SIGN, with a maximum of 64 square feet in size, may be used as a construction SIGN by the general contractor of the DEVELOPMENT or as' a pennit board, within each FRONT YARD for each PARCEL in excess of 10 acres in size. 4. One ground or wall SIG~' maximum of 4 square feet in size, may (~4.T~-- be used as a construction SIGN by each contractor, lending institution, or other similar company involved with the DEVELOPMENT, regardless of PARCEL size. (No BUILDING pennit required). 5. All construction SIGNS must be removed prior to the Issuance of a certificate of occupancy. C. On-premise SIGNS. On-premise pole SIGNS, ground SIGNS, projecting SIGNS, wall SIGNS, and mansard SIGNS shall be allowed in all nonresidentially zoned districts subject to the restrictions below: 1. Pole or ground SIGNS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, or industrial parks having FRONTAGE of 150 feet or more on a public STREET, or combined public STREET FRONTAGE of 220 linear feet or more for comer LOTS, shall be pennitted one pole or ground SIGN. Additional pole or ground SIGNS may be pennitted 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. lR a8èitiBA., Maltiple Beeäf!anoj" P AßCEl.~ SNe8. a8 ~nOPPIMC CEMTER~, BfHoe eBæphm8s, ImaiR8ss pæolŒ, SF iRèNB1Àal parllB 8BRtaiRiRg 25,999 BirtiMe Fa8t SF mSFe sf gfSSS 18asaBle :RsBr aFea, BRè 8igM sr msre iRàepeRàeRt 8asiR8s8es '::ill 8E1 fJeFHlitteà SRe èif8etsF)' ~ICÞJ FBF a BiRgle 8Rtnme8 SR 8a08. p»èlie I!T:AÆET. "\ReA. a èirestsl'Y ~ICM is prBpB888 t8.eR pBlo SF gfBliIßà ~ICÞŒ 88.all Be limitEl8 ts tfts Rame 8.fl8 lBgB sf t8.e 8sm.pleH ooà 88.all RSt e8æ:aiR Rame sf B.RJ' teRmt. T8.e 8ireetsl?)' 8ICN 88.all 8BRtaiR a miRimum sf reNf anè a mauim.äm sf eig8.t teRam: RWRe8. T8.8 RamEl sf BNsiRs8s88 lseateà SR 9lJTP AJlCEl.~ s8.all RBt ~fJ8M ef àirsetsry ~ICN8. [a. - d. below are relocated ITom 5.06.03 A.1. - 4. on pages 10 and 11 of this Amendment request fonn.] a. Maximum allowable heÏ£!ht. All Dole or QIound SIGNS withiq nonresidential zoned districts and as aDDlicable to nonresidential desimated Dortions of PUD zoned DroDerties are limited to a maximum heÏ£!ht of 15 feet when located alon~ an ARTERIAL Of COLLECTOR ROADWAY and 12 feet for all other roads. exceDt as Dfovided in this Code for Dole or QIound. HeÜrht shall be measured ITom the lowest centerline GRADE of the nearest Dublic or Drivate R~W. or EASEMENT to the UDDennost Dortion of the SIGN STRUCTU . b. Minimum SETBACK. All Dole or QIound SIGNS withi~ nonresidential zoned d~ aj¡ aQl1licable to nonresidential .~ desilmated Dortions of PUD zoned Drooerties shall not be located closer than ten feet from the mODertv line. c. Maximum allowable SIGN area: 80 SQuare feet for Dole or !:!found SIGNS located alom! an arterial or COLLECTOR ROADWAY and 60 SQuare feet for all other roads. d. The location of all oennanent Dole. QI'ound and àireetorv SIGNS shall be shown on the landscaDe Dlans as reQuired bv section 4.06.05. [Paragraph e. below is being relocated from 5.06.02 B.l.i. on page 10 of this Amendment request fonn.] e. Pole SIGNS shall orovide a Dole cover no less than 50 Dercent of the width of the SIGN. with architectural desilm features includinlZ colors and/or materials common to those used in the desÏ!:m of the BUILDING the SIGN is accessory to. A minimum 100 SQuare foot DlantinlZ area shall be Drovided around the base of any ground or Dole SIGN. consistent with the movisions of this section of this Code. develoDment of landscaDinlZ shall be aDmoved bv the County consistent with Section 4.06.03 A. ofth~ LDC. a-: f. Ground SIGNS for smaller LOTS. Single-occupancy PARCELS, SHOPPING CENTERS, office complexes, business parks, and industrial parks may be issued a SIGN pennit for one ground SIGN provided that the following minimum requirements are met, as applicable: i. 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 FRONT AGE of no less than 150 feet but less than 219.9 feet for comer LOTS or PARCELS: a) 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) the ground SIGN'S architectural design, construction, and color shall include features common to those used in the design of the BUILDING where the corresponding business requesting ~he SIGN is accessory to; ~2) ~/ d) the ground SIGN may be double-sided but cannot be placed in a V ~shape, and must display identical copy on both faces; e) any illumination of the SIGN must be non- revolving and shine away from any right-or-way, and shall require an electrical permit. f) 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 fi'ee-standing SIGNS will be allowed on the same LOT or PARCEL. ii. In addition, for those LOTS or PARCELS with FRONTAGE of 121 to 149.9 feet, or a combined public STREET FRONTAGE of no less than 150 feet for comer LOTS or PARCELS but less than 219.9 feet: a) the ground SIGN shall be limited to 8 feet in height, as measured from the lowest centerline GRADE of the nearest public road to the uppermost portion of the SIGN STRUCTURE regardless of the roadway classification; and b) the maximum allowable SIGN area IS 32 square feet.:. iii. In addition, for those LOTS or PARCELS with FRONT AGE of 100 to 120.9 feet: a) the ground SIGN shall be limited to 6 feet in height, as measured from the lowest centerline GRADE of the nearest public road to the uppermost portion of the SIGN STRUCTURE regardless of the roadway classification; and b) the maximum allowable SIGN area is 16 square feet. &:. &. The minimum SETBACK requirement may be administratively reduced by a maximum of ten feet by the County Manager or his designee upon submission of the administrative variance fee and a written request. However in no case shall ~SETBACK be reduced to less than ~ ~. five feet. The County Manager or his designee's decision to reduce the required SETBACK shall be based on the following: i. 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; 11. 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; lll. 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 iv. The extent of the reduction is the minimum amount necessary to provide relief ITom the applicable conditions cited above. [Paragraph 2. below is being relocated from 5.06.02 B.1.1. on page 10 of this Amendment request fonn.] 2. o UTPARCELS. In addition to the above reQuirements. SIGNS for OUTPARCELS. reQ:ardless of the size of the OUTPARCEL. shall be limited to the followinQ:: a. In addition to anv wall SIGNS Dennitted bv this Code. OUTP ARCELS mav bv allowed one additional sixty SQuare foot wall SIGN facinQ: the SHOPPING CENTER if the additional SIGN is not oriented towards anv DubHe RIGHT-OF-WAY. In no case shall th~ number of wall SIGNS for an OUTPARCEL exceed two SIGNS: and. b. A sinQ:le !.ITound SIGN for OUTP ARCELS havinQ: a FRONTAGE of 150 feet or more. not to exceed 60 SQuare feet. Ground SIGNS shall be limited to eÜ!ht feet in heiQ:ht. [Paragraph 3. below is bei~ from 5.06.04 C.1. on page 13 of this ~ /' Amendment request form.] 3. Directory Si~s. MQltinle-occunancv PARCELS such as SHOPPING CENTERS. office comnlexes. business narks. or industrial narks containin¡z 25.000 sauare feet or more of ;!fOSS leasable floor area. and ei¡zht or more indenendent businesses will be nermitted one directory SIGN for a sin¡zle entrance on each nublic STREET. When a directory SIGN is monosed then pole or ;!found SIGNS sh¡:¡:ll be limited to the name and lo¡zo of the complex and shall not contain name of anv tenant. The directory SIGN shall contain a minimum of four and a maximum of ei¡zht tenant names. The name of businesses located on OUTP ARCELS shall not appear of directory SIGNS. [Paragraph a. below is being relocated from 5.06.03 A.I. on page 11 of this Amendment request form.] a. The maximum hei¡zht for directory SIGNS is limited to 20 feet. Hei¡zhl shall be measured from the lowest centerline GRADE of the nearest public or private R.O.W. or EASEMENT to the uppermost nortion of the SIGN STRUCTURE. [Paragraph b. below is being relocated from 5.06.03 A.2. on page 11 of this Amendment request form.] b. Directory SIGNS shall not be closer than 15 feet from the mopertv line. unless otherwise noted below or as nrovided for in section 1.04.04 C. c. Maximum allowable SIGN area: 150 square feet for Directory signs. d. A minimum 100 square foot planting area shall be provided around the base of anv Directory SIGN. consistent with the provisions of this section of this Code. development of landscaping shall be approved by the County consistent with Section 4.06.03 A. of the LDC. e. The location of all permanent directory SIGNS shall be shown on the landscape plans as required by section 4.06.05. ~ 4. Wall. mansard, canopy or awning SIGNS. One wall, mansard, canopy or awning SIGN shall be permitted for each single-occupancy PARCEL, or for each establishment in a multiple-occupancy PARCEL. End units within SHOPPING CENTERS, multiple-occupancy PARCELS. or single occupancy PARCELS wher~t '. double FRONT AGE on a public I~q· , / RIGHT-OF-WAY, shall be allowed two SIGNS, but such SIGNS shall not be placed on one wall. Retail businesses with a floor area of larger than 25,000 square feet and a .front wall length of more than 200 linear feet, are allowed three wall SIGNS; however, the combined area of those SIGNS shall not exceed the maximum allowable display area for SIGNS by this Code. a. The maximum allowable display area for SIGNS shall not be more than 20 percent of the total square footage of the visual FACADE of the BUILDING to which the SIGN will be attached and shall not, in any case, exceed 150 square feet for BUILDINGS or units up to 24,999 square feet, 200 square feet for BUILDINGS or units between 25,000 and 59,999 square feet and 250 square feet for BUILDINGS over 60,000 square feet In area. [Paragraphs b. and c. below are being relocated from section 5.06.02 B.l.g. and h. on pages 9 and 10 of this Amendment request fonn.] b. No wall SIGN shall exceed 80 percent of the width of the unit(s) or the BUILDING occupied bv a business with a minimum of ten percent clear area on each outer ed!!e of the unit(s) or the BUILDING: and c. All wall SIGNS for multi-use BUILDINGS shall be located at a consistent location on the BUILDING FACADE. except that ANCHOR TENANTS mav vary from this locational requirement in scale with the anchor's tenant's lamer primary FACADE dimensions. All SIGNS shall adhere to the dimensions Drovided for in the unified SIGN ulan. 5. Menu Boards: One menu board with a maximum height of 6 ft and 64 square feet of copy area per drive thru lane. ~ 6. Projecting SIGNS. Projecting SIGNS may be substituted for wall or mansard SIGNS provided that the display area of the projecting SIGN shall not exceed 60 square feet of display area. a. Projecting SIGNS shall not project more than four feet from the BUILDING wall to which it is attached. b. Projecting SIGNS shall not extend above the roofline of the BUILDING to which it is attached. c. Projecting SIGNS shall not project into the public RIGHT-OF- WAY. d. Projecting SIU~ject over any pedestrian way Sh~ elevated to a minimum height of eight feet above such pedestrian way. 4:- 7. Under-canopy SIGNS. In addition to any other SIGN allowed by this Code, one under-canopy SIGN shall be allowed for each establishment in a SHOPPING CENTER. This SIGN shall not exceed six square feet in area and shall be a minimum of eight feet above finished GRADE. Under canopy SIGNS do not require a BillLDING pennit unless the SIGN is equipped with an electrical component. ~ 8. Signage for AUTOMOBILE SERVICE STATIONS. The following are the only SIGNS allowed in AUTOMOBILE SERVICE STATIONS and convenience stores with gas pumps. a. Window SIGNS: As allowed in section 5.06.03 this section of#Hs the Code. b. An illuminated corporate logo with a maximum area of 12 square feet shall be allowed on a canopy face which is ADJACENT to a dedicated STREET or highway. Otherwise, ACCENT LIGHTING, back lighting and accent striping are prohibited on canopy STRUCTURES. c. Color accent banding on gasoline canopy structures and all other structures is prohibited. Canopies shall be of one color, consistent with the predominant color of the principle structure. if applicable. The color of all structures on site shall be soft earth tones or pastels. &:- d. One ground SIGN shall be pennitted for each site and shall be placed within a 200 square foot landscaped area. Height is limited so that the top edge of the SIGN face is less than eight feet above GRADE. Maximum pennitted area 60 square feet. 4: e. Signage, logos, advertising and infonnation are prohibited above gas pumps. ~ f. Wall SIGNS: As allowed in paragraph 2. section 5.06.04 CA. above of this Code. f. g. SIGNS: As allowed in section 5.06.03 this section of #Hs the Code. ~ 9. SIGNS within planned unit DEVELOPMENTS (PUDs). Pursuant to the purpose and intent of this division, creative, flexible and unifonn comprehensive SIGN plans providing for size, location, type, and common architectural design standards, are encouraged within all PUD zoning districts, and specifically required for PUDs containing in a commercial component. SIGN classes and sizes fOral 't DEVELOPMENTS should be the 17 r. / same as the standards found within this Code for the zoning district the DEVELOPMENT most closely resembles, unless such planned unit DEVELOPMEN!S have comprehensive SIGN standards contained in the PUD document. +: 10. Flags. Residential properties that have been issued a certificate of occupancy may display up to three non-commercial flags. Thee Bon oommercial flags may be displayed at tfte ootranee øf a eommereial, offiee, industrial or residential DEVELOPl\fENT. Where these DEVELOPMENTS have multiple entrances, any entrance may have up to three flags each, provided: the DEVELOPMENT is at least ten acres in size, any entrance with flags is providing ingress/egress only off a roadway that is designated a collector or arterial in the traffic element of the growth management plan, and all entrances with flags are at least 300 feet apart. Four additional flags may be displayed within a DEVELOPMENT provided the flags are not visible to motorists along any FRONT AGE roadways. The four internally displayed flags may be increased by up to eight additional flags for maximum total of 12 flags with the amount of the proposed increase to be determined by the County Manager or his designee, provided: all proposed flags would not be visible to motorists along any FRONTAGE roadways and the County Manager or his designee determines that the display of the extra flags is essential to the theme and design of the DEVELOPMENT. a. All flagpoles with a height in excess of 15 feet above finished GRADE or that extend more than ten feet from any BUILDING that they are attached to shall be subject to the BillLDING permit process. As a condition of permitting, the flagpole foundation or attachment shall be designed by a Florida registered engineer on a signed and sealed drawing showing construction details and maximum flag area that is supportable. Certified designing and sealing shall not be required where flagpoles are located at a distance exceeding their height plus five feet from all STRUCTURES (except those designed solely for storage), property boundaries, utility lines and poles, and pedestrian/vehicular accessways and roadways open to the general public or the residents of that community. b. On single-family or DUPLEX LOTS flagpoles shall not exceed 30 feet in height above finished GRADE. For all other residential zoned PARCELS, flagpoles shall not exceed 35 feet in height from the finished GRADE or extend more than 20 feet from any BillLDING to which they are attached. In the estates, agricultural or conservation districts flagpoles shall not exceed 35 feet in height above finished GRADE. In all other zoning districts, flagpoles shall not exceed 50 feet in height from the finished GRADE, nor extend more than 20 feet from any BUILDING to which they are attached, nor shall the width of the flag exceed 30 percent of the length of the pole to . it is attached. 1'1;1-, / c. All flags in all zoning districts shall have a minimum five foot SETBACK fr~m all property lines. d. All flagpoles that are permitted must display their permit number at the base of the flagpole in minimum 12 inch numerals. &- 11. Temporary SIGNS. The erection of any temporary SIGN shall require permitting as established within section 10.02.06 G. unless otherwise indicated herein. APPLICANTS for temporary SIGN pennits shall pay the minimum fee established for said permit. Temporary SIGNS shall be allowed subject to the restrictions imposed by this section and other relevant parts of this Code. a. Political SIGNS. Political campaign SIGNS and posters shall be permitted subject to the following requirements: i. Prior to the erection, installing, placing, or displaying of a political SIGN a bulk temporary pennit shall be obtained. The pennit number shall appear on every SIGN or on the pole supporting the SIGN. The fee for said bulk pennit shall be as adopted by resolution by the board of county commissioners. All SIGNS for the candidate or the issue for which the permit was issued must be removed within seven days after the election, referendum, or other event that the SIGN pertains to. Failure to timely remove each such SIGN will constitute a separate violation of this Code and the pennitee will be subject to issuance of a citation from Collier County Code Enforcement and all other penalties allowed by law. ii. Political campaign SIGNS or posters within residentially zoned or used property shall not exceed four square feet in size, and shall not be located closer than five feet to any property line. Political SIGNS placed within residential districts shall require written pennission from the property owner. 111. Political campaign SIGNS or posters will be pennitted in all other zoning districts within a maximum copy area of 32 square feet per SIGN, and shall be located no closer than ten feet to any property line. The number of such SIGNS shall be limited to one SIGNS for each LOT or PARCEL per bulk permit issued for each candidate or issue. iv. All supports shall be securely built, constructed and erected to confonn with~nts of this Code. ~ .~ v. The maximum height of any political campaign SIGN or poster, ,except those that may be affixed to a wall, shall be limited to eight feet. vi. Political SIGNS shall be erected not more than 45 calendar days prior to an election or political event, and shall be removed within seven calendar days after the election, event, or after the campaign issue has been decided. b. Grand opening SIGNS. An occupant may display an on-site grand opening SIGN not exceeding 32 square feet. The banner SIGN shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. c. Special events SIGNS. A special events SIGN not exceeding 32 square feet in size may be displayed to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, or any public, charitable, educational event. Such SIGN shall be located no closer than ten feet to any property line. Such SIGNS shall require a BUILDING pennit. Special event SIGNS shall be erected not more than 15 calendar days prior to the advertised event and shall be removed within seven calendar days after the event has taken place. d. "Coming soon SIGNS." A temporary use pennit may be granted, at the discretion of the County Manager or his designee, for a "coming soon" SIGN located within a non-residential district. This SIGN must not exceed 32 square feet and the temporary use pennit 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 pennit or until the issuance of a pennanent SIGN, whichever occurs first. The non-refundable fees for this temporary use pennit will be calculated by the board of county commissioners and are subject to change. A "coming soon" SIGN is defmed as a ground SIGN used to infonn 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 RlGHT-OF- WAY or EASEMENT. e. Holiday decorations. Seasonal decorations will be granted a pennit for a period of 30 days prior to the holiday they are celebrating and will be removed no later than 15 days after the holiday. ~ 12. Special purpose SIGNS (on-site). Due to the unique and varied nature of the following uses, additional SIGNS may be required to provide the desired LEVEL OF SERVI~blic. Special purpose SIGNS shall ~ ~/ be permitted as follows: a. Time and te.mperature SIGNS. One time and temperature SIGN having a surface area not exceeding 12 square feet shall be pennitted at each industrial, commercial or other non-residentially zoned property. Such SIGNS may be affixed to the STRUCTURE of a pole or ground SIGN. Such SIGN shall require a BUILDING pennit. b. Barber Pole SIGNS. All traditional size (not more than 54 inches in height and not more than 6 inches in diameter) and style barber poles which contain any illuminated moving or rotating part may be pennitted as a lawful SIGN if the following and all other applicable requirements are met: i. The barber pole SIGN is attached to the exterior wall of an establishment providing the services of a licensed barber; ii. Each such establishment (barbershop, salon, etc.) is limited to only one barber pole SIGN; iii. No barber pole SIGN may move or rotate except when the establishment is open and providing the services of a licensed barber; and iv. All barber pole SIGNS that illuminate, whether or not they rotate, otherwise comply with sec. 5.06.06 ~C.16. for illuminated SIGNS. -Hh 13. Commercial, business park and industrial directional or identification SIGNS. Directional or identification SIGNS no greater than six square feet in size, four feet in height, and located internal to the SUBDIVISION or DEVELOPMENT and with a minimum SETBACK of ten feet, may be allowed subject to the approval of the County Manager or his designee, or his designee. Such SIGN shall only be used to identify the location or direction of approved uses such as sales centers, infonnation centers, or the individual components of the DEVELOPMENT. Directional or identification SIGNS maintaining a common architectural theme may be combined into a single SIGN not to exceed six feet in height and 64 square feet in area. Such SIGNS shall require a BUILDING pennit. For signage to be located along the Golden Gate Parkway, see sections 2.04.03, 2.03.05 and 2.03.07 and the Golden Gate Master Plan. Logos shall not occupy more than 20 percent of the directional SIGN area when the said SIGN is more than six square feet in area. Directional SIGNS are also subject to restrictions of section 5.06.025.06.05 of this Code. -l-hl.±:. On-premise SI~ agricultural districts ~ in the rural ~ agricultural area designated on the future land use map of the growth management plan. On-premises SIGNS shall be permitted within agriculturally zon~d or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: a. One pole or ground SIGN identifying the farm organization, located at the entrance or gate of each STREET FRONT AGE, and only for permitted AGRICULTURAL USES. The maximum allowable SIGN area for each pole or ground SIGN shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a mitVmum of 15 feet ftom any property lines, public or private RIGHT-OF-WAY or EASEMENT. i. On premise SIGNS within agricultural zoned districts in the urban area shall comply with the requirements of section 5.06.04 A. of the Land DEVELOPMENT Code. b. Seasonal farm SIGNS (on-site). One temporary ground SIGN, with a maximum height of ten feet, and located a minimum of ten feet ftom any property line, public or private RIGHT-OF-WAY or EASEMENT, identifying the farm, farm organization, entrance, or gate not exceeding 32 square feet in area. This SIGN shall be used to identify temporary agricultural offices so as to expedite the exportation of crops to various parts of the county. Such SIGNS shall be permitted for a period not to exceed 30 days and may be issued only twice in any calendar year. Such SIGNS shall require a BUILDING permit. c. V-Pic SIGNS. One V-Pic SIGN located at the entrance on each STREET FRONT AGE. The maximum allowable SIGN area for each V- Pic SIGN shall not exceed 32 square feet in area and a maximum height of ten feet, and shall be located a minimum of ten feet from any property line, public or private RIGHT-OF-WAY or EASEMENT. d. Wall, mansard canopy or awning SIGNS within agricultural districts. Wall, mansard, canopy or awning SIGNS shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: i. One wall or mansard, canopy or awning SIGN shall be permitted for each PRINCIPAL USE STRUCTURE on the PARCEL. Corner PARCELS or' double-FRONTAGE PARCELS shall be allowed one SIGN per STREET FRONTAGE, but such SIGNS shall not be combined for the purpose of placing th~a on one wall. The maximum ~ ~ allowable display area for any SIGN shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per SIGN. ~ 15. Off-premises directional SIGNS. Off-premises directional SIGNS are permitted subject to review and approval of the design and location of such SI GNS by the County Manager or his designee, or his designee, if the following requirements are met: a. Off-premises directional SIGNS shall only be permitted In nonresidentially zoned, or agricultural districts. b. No more than two one-sided or one double-sided off-premise directional SIGNS shall be permitted, identifying the location and nature of a BUILDING, STRUCTURE, or use which is not visible from the ARTERIAL ROADWAY serving such BUILDING, STRUCTURE, or uses, provided: I. Each SIGN is not more than 12 square feet in area. ii. The SIGN is not more than eight feet in height above the lowest center GRADE of the ARTERIAL ROADWAY. Ill. The SIGN is located no closer than ten feet to any property line. iv. The APPLICANT must submit with the permit application notarized, written permission from the property owner where the off-site SIGN is located. v. The SIGN shall only be located within 1,000 feet of the intersection of the ARTERIAL ROADWAY serving the BUILDING, STRUCTURE, or use. c. Off-premises directional SIGNS shall not be located closer than 50 feet from a residentially zoned district. d. Off-premises directional SIGNS shall not be located closer than 100 feet from another off-premises directional SIGN. ß 16. Illuminated SIGNS. All illuminated SIGNS shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted SIGNS shall: be shielded in such a manner as to produce no glare, hazardc:z~to motorists or occupants of y ADJACENT properties; nor be reflective or phosphorescent; have a steady nonfluctuating or ~onundulating light source. 5.06.05 5.Q6.02 SIGNS Exempt from These Regulations In addition to those SIGNS identified elsewhere in this Code, the following SIGNS are exempt from the pennit requirements of this Code, and shall be pennitted in all districts subject to the limitations set forth below: A. SIGNS required to be maintained or posted by law or governmental order, rule, or regulation. B. On-premises directional SIGNS, not exceeding six square feet in area and four feet in height, intended to facilitate the movement of pedestrians and vehicles within the site upon which such SIGNS are posted. On-premises directional SIGNS shall be limited to two at each vehicle ACCESS point and a maximum of four internal to the DEVELOPMENT. Internal SIGNS are not intended to be readily visible &om the road. Directional SIGNS are also subject to restrictions of section 5.06.~ fCt~13. of this Code. C. One identification SIGN, professional nameplate, or occupational SIGN for each professional office, or business establishment not to exceed two square feet in SIGN area and placed flush against a BUILDING face or mailbox side, and denoting only the name of the occupant and, at the occupant's election, the occupant's profession or specialty and/or the STREET address of the premise. D. Memorial plaques, cornerstones, historical tablets, and similar types of commemorative SIGNS when cut into any masonry surface or when constructed of bronze or other noncombustible materials. E. "No Trespassing," "No Dumping," or other prohibitory or safety type SIGNS, provided each SIGN does not exceed three square feet in size. F. One ground or wall "For Sale," "For Rent," or similar SIGN per STREET FRONTAGE for each PARCEL, or LOT less than ten acres in size. G. One on-premises SIGN for model homes, approved in conjunction with a temporary use pennit in any zoning district. H. One on-premises open house SIGN not to exceed four square feet in size. Such SIGN shall not be located within ten feet of any property line, RIGHT-OF- WAY or ACCESS EASEMENT. 1. Bulletin boards and identification SIGNS for public, charitable, educational or religious institutions located on ~es of said institutions and not ~ ~ exceeding 12 square feet in size. 1. SIGNS located on .fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per SIGN. SIGNS shall be oriented along the fence or wall to face the field(s) or playing area, and away from any ADJACENT public or private roads. K. Traffic control and safety SIGNS or other municipal, county, state or federal SIGNS, legal notices, railroad crossing SIGNS, danger SIGNS and such temporary emergency SIGNS when erected by an appropriate authority. L. Window merchandise displays which are changed on a regular basis, meaning no less frequently than every 30 days. M. Non-electrical, non-illuminated and non-reflective window SIGNS not exceeding 25 percent of each window area. N. SIGNS located at the entrance drive of residences located upon 2.25-acre LOTS or greater, displaying the name and address of the resident and not exceeding four square feet in area. O. Flags, or insignias of governmental, religious, charitable, fraternal or other nonprofit organizations when displayed on property owned by or leased to said organization. Non-commercial flags that will be flown on a flagpole that does not exceed 15 feet in height above finished GRADE or extend more than ten feet from any BUILDING they are attached to, are allowable if the number of flags displayed does not exceed those described in this section and the flagpoles do not require a certified design or be sealed by a Florida registered engineer as described in this section 5.06.025.06.05. P. Advertising and identifying SIGNS located on taxicabs, buses, trailers, trucks, or vehicle bumpers, provided such SIGN does not violate section 5.06.035.06.06 of this Code. Q. Religious displays that do not constitute advertising. R. Painting, repainting or cleaning without modifying the existing SIGN copy or design of an advertising STRUCTURE, or changes which are detennined by the County Manager or his designee to be less than a SUBSTANTIAL IMPROVEMENT. S. Copy changes for SHOPPING CENTERS, theaters, billboards or marquees that have routine changes of copy, or are specifically designed for changes of copy. T. ed as a construction SIGN by the general ~.. contractor of the DEVELOPMENT, within each FRONT YARD for each PARCEL less than ten acres in size. U. Temporary SIGNS in conjunction with an approved temporary use pennit. V. One SIGN indicating only the business's or establishment's operational status at that time may be installed and illuminated inside that business or establishment, provided said SIGN (1) does not exceed 2.25 square feet in total size, (2) has a cabinet enclosed on all sides, (except for SIGNS illuminated with gas filled tubing aka "neon") and (3) includes a front panel that is clear or translucent (except for SIGNS illuminated with gas filled tubing aka "neon"). The only allowable illumination source(s) for said SIGN is: incandescent, fluorescent, halogen lamp, Light Emitting Diode, fiber optic light or gas filled tubing (aka "neon). The illumination source must not flash, fade, or increase in brightness, or change color. Nothing in this provision is to be construed to allow a SIGN that would otherwise be prohibited by this Code. W. Internal directory signs for institutional or governmental facilities that cannot be seen from abutting right of way. Each sign shall be no higher than 6 feet in height or larger than 64 square feet. 5.06.06 5.0fJ.03 Prohibited SIGNS It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any SIGN not expressly authorized by, or exempted from this Code. The following SIGNS are expressly prohibited: A. SIGNS which are in violation of the BUILDING code or electrical code adopted by Collier County. B. Abandoned SIGNS. C. Animated or activated SIGNS, except special purpose time and temperature SIGNS and barber pole SIGNS complying with section 5.06.0é:4 C.912.b. D. Flashing SIGNS or electronic reader boards. E. Rotating SIGNS or displays, except barber pole SIGNS complying with section 5.06.Qé1 C.912.b. F. Illuminated SIGNS in any residentially zoned or used district, except residential identification SIGNS, residential nameplates,' and STREET SIGNS that are illuminated by soft or muted light. Nonresidential uses within residentially used or zoned districts by CONDITIONAL USE, PUD ordinance, or as otherwise provided for within ~LOPMENT code, shall be allowed ~ ~/ the use of illuminated SIGNS, subject to the approval of the community services administrator or his designee. G. SIGNS located upon, within, or otherwise encroaching upon county or public RIGHTS-OF-WAY, except as may be pennitted under the provisions of Ordinance [No.] 82-91, as amended, and those erected by a governmental agency or required to be erected by a governmental agency. H. Billboards. I. Strip lighted SIGNS. J. Neon type SIGNS, except non-exposed neon SIGNS covered with an opaque or translucent shield which will prevent radiation of direct light, within all commercial and industrial districts. K. Roof SIGNS. L. Portable SIGNS. M. SIGNS which resemble any official SIGN or marker erected by any governmental agency, or which by reason of position, shade or color, would conflict with the proper function of any traffic SIGN or signal, or be of a size, location, movement, content, color, or illumination which may be reasonably confused with or construed as, or conceal, a traffic control device. State Law References: Display of unauthorized traffic SIGNS, signals or markings, F.S. § 316.077. N. SIGNS, commonly referred to as snipe SIGNS, made of any material whatsoever and attached in any way to a utility pole, tree, fence post, stake, stick or any other object located or situated on public or private property, except as otherwise expressly allowed by, or exempted from this Code. O. Wind SIGNS (except where pennitted as part of this section of this Code). P. Any SIGN which is located ADJACENT to a county RIGHT-OF-WAY within the unincorporated areas of the county which SIGN was erected, operated or maintained without the pennit required by section 10.02.06 having been issued by the County Manager or his designee shall be removed as provided in this section 5.06.035.06.06. Such SIGNS shall include but are not limited to structural SIGNS, freestanding SIGNS, [and] SIGNS attached or affixed to STRUCTURES or other objects. Q. Any description or representation, in whatever fonn, of nudity, sexual conduct, or sexual excitement, w~ ~.. 1. Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and 2. Taken as a whole, lacks serious literary, artistic, political, or scientific value. R. Beacon lights. S. Any SIGN which emits audible sound, vapor, smoke, or gaseous matter. T. Any SIGN which obstructs, conceals, hides, or otherwise obscures from view any official traffic or government SIGN, signal, or device. V. Any SIGN which employs motion, has visible moving parts, or gives the illusion of motion (excluding time and temperature SIGNS). V. Any SIGN which is erected or maintained so as to obstruct any firefighting equipment, window, door, or opening used as a means of ingress or egress for fire escape purposes including any opening required for proper light and ventilation. W. Any SIGN which constitutes a traffic hazard, or detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing or distracting the vision of drivers or pedestrians. X. SIGNS mounted on a vehicle, be it the roof, hood, trunk, bed, and so on, where said SIGN is intended to attract or may distract the attention of motorists for the purpose of advertising a business, product, service, or the like, whether or not said vehicle is parked, or driven, excluding emergency vehicles, taxi cabs, and delivery vehicles, where a roof mounted SIGN does not exceed two square feet. This section shall not apply to magnetic type SIGNS affixed to or SIGNS painted on a vehicle, provided said vehicle is used in the course of operation of a business, and which are not otherwise prohibited by this Code. It shall be considered unlawful to park a vehicle and/or trailer with SIGNS painted, mounted or affixed, on site or sites other than that at which the finn, product, or service advertised on such SIGNS is offered. Y. Any SIGN which uses flashing or revolving lights, or contains the words "Stop," "Look," "Danger," or any other words, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse vehicular traffic. Z. Any SIGN which advertises or publicizes an activity not conducted on the premises upon which the SIGN is maintained, except as otherwise provided for within this Code. AA. No SIGN shall be placed or pennitted as a PRINCIPAL USE on any property, in any zoning district except llows: V-Pic SIGNS, political SIGNS / g-'J-r ~ or SIGNS approved by temporary pennit pursuant to the time limitations set forth herein. BB. Inflatable SIGNS. CC. ACCENT LIGHTING as defined in this Code. DD. Illuminated SIGNS, neon or otherwise, installed inside businesses and intended to be seen from the outside. SIGNS that comply with the provisions of section 5.06.025.06.05 (V) ofthis Code are exempt from this section. EE. Human Directional Signs. People in costumes advertising stores or products FF. Attachments to signs. such as balloons and streamers. GG. Banner Signs HR. Pennants n. Bench Signs KK. Signs that due to brilliance of the li~ht being emitted. it impairs vision of passing motorist. LL. B&- All SIGNS expressly prohibited by this section and their supporting STRUCTURES, shall be removed within 30 days of notification that the SIGN is prohibited by the Collier County Code Enforcement Director, or his designee, or, within 30 days of the end of the amortization period contained in section 9.03.03 (D) or, in the alternative, shall be altered so that they no longer violate this section. Billboards with an original cost of$100.00 or more, and which have been legally pennitted, shall be treated as NONCONFORMING SIGNS and removed pursuant to section 9.03.03 (D). (j~D 7 ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebbIBoard Directed DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC3:54 LDCruDC SECTION: old LDC section 3.2.8.4.19. and UDC section 6.01.01 LDC SUPPLEMENT #: Supplement 7 CHANGE: Requiring all developments to bury utility lines, even those leading into the development. REASON: Board of County Commissioners directed FISCAL & OPERATIONAL IMPACTS: There will be a cost to the developer, although this cost will most likely vary with the development. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This was initiated by the BCC at a workshop approximately a year ago. Amend the UDC [LDC] as follows: 6.01.01 [3.2.8.4.19.] Utilities Required to be Installed Underground. All permanent facilities, infÌastructure, or improvements constructed bv public utilities, including those installed QY.fÌanchised utilities, must be installed, i.e., located and constructed, underground, as set forth below. The utilities included are those providing for, or related to: electrical power (including wiring to streetlights), and light, telephone, potable & irrigation/re-use water, sewer, cable television, vliring to streetlights and gas shall be installed undergrmmd. This section shall apply to all public utilities either proposing, or relocating existing, permanent facilities, infÌastructure. or improvements oables, conduits or y:ires within SUBDIVISIONS or DEVELOPMENTS~ including all cables. conduits. or wires forming part of an electrical distribution system. which includes all including service lines to individual properties and main distribution feeder electrical lines delivering power to local distribution systems. but. Howeyer, agricultural land, industrial land, comm.ereial sites and residontial LOTS la:rgor than two aeres ma:y be exeH1fJted from this requirement by the dovolopment services director if eosts f-or the utilities to be placed IHltlergroUBd "'" tlemons_od to ~e IHH"085o"ê{';:o-a. This BeotiOf! does not jndnde or apply to wires, conduits or associated apparatus and supporting STRUCTURES whose exclusive function is for the tr~smission or distribution of electrical energy between DEYELOPl\1:ENTS or SUBDIVIS~ONS, generating stations, substations.1 and the transmission lines of illlLother electric utility provider's systems, or along the perimeter line of SUBDIVISIONS or DEVELOPl\fENTS. A. Appurtenances such as transformer boxes, pedestal mounted terminal boxes, meter cabinets, service terminals, telephone splice closures, pedestal type telephone terminals or other similar "on the ground" facilities normally used with and as a part of the underground distribution system may be placed above ground but shall be located so as not to constitute a traffic hazard. B. Public utility EASEMENTS shall be coordinated with Qther appropriate public utility providers with verification of the creation or dedication of such easements provided to the County manager or designee before final SUBDIVISION plat and improvement plans approval. L The installation of underground utilities or relocating existing facilities as prescribed by this section sh£Ht must also be in conformance with the respective utility's rules and regulations. D. IT: Utility Casings SUBDIVISIONS or DEVELOPMENTS providing water services shall install no less than four-inch conduits to each alternate LOT on the opposite side of the STREET from the main distribution line for each STREET prior to the completion of roadway construction or as required by applicable utility. Additionally, all casings for irrigation facilities, STREET lighting and other utility services such as electric, telephone, cable television, and the like shall be placed under all proposed STREETS prior to the completion of the stabilized subgrade. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC5:l6 LDCIUDC SECTION: old LDC 5.13. and UDC sections 8.06.03 N. and 10.02.02 D. LDC SUPPLEMENT #: Supplement 9 CHANGE: Moving the provision currently located in Chapter 10 to the appropriate place in Chapter 8. REASON: The powers and duties of the EAC are properly located in Chapter 8 and thus all of the provisions should be located there. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 3:27 p.m. This version was created on August 25, 2004 at Amend the UDC [LDC] as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * * * N. 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 EAC. If the APPLICANT chooses not to ut' . e 0 tional relimin SUBDIVISION lat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. 1. An APPLICANT aggrieved by action of the EAC may appeal to the BZA. Said appeal shall be in accordance with the procedure and standards of section 10.02.02 for appeal of written interpretations. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * * D. Review by environmental advisory committee (EAC). eetlrd. ,,^..11 preliminary SUBDIVISION plat and/or site DEVELOPMENT PL.A1N submissions for DEYELOPl\fENT or site ,,\LTER\TION on a SHORELINE and/or unde'¡eloped coastal barrier shall be re'lie'.ved and a reeommendation shall be made for approyal, approval '.vith conditions or denial by the en':ironmental advisory board. If tho APPLICANT enooses not to milize the optional preliminary SUBDIVISION plat process, the re'lÏev¡ and approval \vill oceur at the time of either the final plat and construction plans or the final plat. The procedures for reviewing PSP and/or SDP submissions for DEVELOPMENT or site ALTERATION on a SHORELINE and/or undeveloped coastal barrier are outlined in section 8.06.03 N. of this code. ~~ ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebblMichelè Mosca DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDCl:19 LDCfUDC SECTION: old LDC section 1.8.8. and UDC section 9.03.01 E. LDC SUPPLEMENT #: Supplement 1 CHANGE: Adding language that allows permitted conditional uses to be deemed as such if they lawfully existed upon amendments to the Code rather than nonconforming uses. REASON: Fairness. It would not be equitable to subject a use to the nonconfonning requirements when it would have been a conditional use had the Code been in place at the time of its construction. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Throughout the Code GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: Version created on 06/28/04 at 1 :20 p.m. Amend the LDCfUDC as follows: 9.03.01 E. [Section 1.8.8.] Uses under CONDITIONAL USE provisions not NONCONFORMING uses. All uses lawfully existing on the effective date of the LDC or any subsequent amendment to this code. which are pennirted as a CONDITIONAL USE in a district under the tenns ofthe LDC or any subsequent amendment to this code. shall not be deemed a NONCONFORMING use in such district, but shall without further action be deemed to have a CONDITIONAL USE pennit. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: N/A LDC/UDC SECTION: old LDC Division 3.9. and 2.2.20. and UDC Chapter 10 LDC SUPPLEMENT #: Various CHANGE: Changing all references to the environmental advisory board to the EAC REASON: The EAC is the proper name for this advisory body. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: p.m. This version created on August 25, 2004 at 4:28 Amend the UDC [LDC] as follows: 10.02.02 Submittal Requirements for All Applications A. ENVIRONMENTAL IMPACT STATEMENTS * * * * * * * * * * * * * 9. APPEALS. a. Any person aggrieved by the decision of the County Manager or his designee regarding any section of this Code may file a written request for appeal, not later than ten days after said decision, with the enyironmental advisory board EAC or their successor organization. (1) b. The environmental ad';isory boæ-d EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that ~uch 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 environmcmtal ad'¡isory board EAC within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the envirornnental ac:l-lisory bøæ-d EAC and to the County Manager or his designee copies of the data and infonnation he intends to use in his appeal. e. Upon conclusion of the hearing the environmætal ad'lisory Ðoæ-d EAC 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 affinn, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the en'lironmental aà';isory Ðoæ-d EAC. * * * * * * * * * * * * * 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. E. Changes and amendments. 8. The County Manager or his designee shall also be authorized to allow minor changes to the PUD master plan during its SUBDIVISION improvements plan or site DEVELOPMENT PLAN process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been detennined to be compatible with ADJACENT land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: d. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the en'lironmental advisory boæ-d EAC where applicable. c0~ ORIGIN: Community Development & Environmental Services AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 1:10-1:11 LDC/UDC SECTION: old LDC section 1.6.6. and UDC section 10.02.02 F.5. LDC SUPPLEMENT #: Supplement 7 CHANGE: Adding language to place a time limit on appeals from interpretations. REASON: Certain appeals :from interpretations are submitted by the applicant and are not acted upon after the applicant requests that the appeal be placed on hold, allowing them to languish for more than a years time. During this time, Code changes may affect the outcome of the interpretation and/or the appeal. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 1 :21 p.m. Version modified/created on October 5, 2004 at Amend the LDCIUDC as follows: 10.02.02 F.5. [Sec. 1.6.6.] Appeal to board of zoning appeals or building board of adjustments and appeals. Within 30 days after receipt by the applicant or affected property owner of a written interpretation sent by certified mail return receipt requested by the planning serviees director County Manager or his designee or chief building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building board of adjustments and appeals for matters relating to building and technical codes as shown in division 1.18 or to the board of zoning appeals for all other matters in this Code. For the purposes of this section, an affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any @ person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed 'in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits and other backup information in support of the appeal. A fee for the application and processing of an appeal shall be established at a rate set by the board of county commissioners from time to time and shall be charged to and paid by the applicant. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation of the planning seryiees direetor County Manager or his designee or chief building official, whichever is applicable, and public testimony in light of the growth management plan, the future land use map, the Code or the official zoning atlas, or building code related matters, whichever is applicable. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall adopt the planning services direetor's County Manager or his designee's or chief building official's interpretation, whichever is applicable, with or without modifications or conditions, or reject his interpretation. The board of zoning appeals or the building board of adjustments and appeals, whichever is applicable, shall not be authorized to modify or reject the plar~ïing services director's County Manager or his designee's or chief building official's interpretation unless such board finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the growth management plan, the future land use map, the Code or the official zoning atlas, or building code, whichever is applicable. 10.02.05 F.5.a. Time Limitations on Appeals. Any appeal that has not been acted upon by the APPLICANT within six months of the APPLICANT filing the appeal will be determined to be withdrawn and cancelled unless extended by the BCC. Further review and action on the appeal will require a new application subiect to the then current code. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: LDC3:25 LDCIUDC SECTION: old LDC section 3.2.6.2. and UDC section 10.02.04 LDC SUPPLEMENT #: Supplement 11 CHANGE: Adding an abandonment/cancellation process for approved PSP's prior to the adoption date of the 2003 3rd Cycle ofLDC Amendments. REASON: FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 6/28/04 at 5 :32 p.m. Amend the UDC [LDC] as follows: 10.02.04 A.I. Procedures for preliminary SUBDIVISION plat. a. 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. i. Abandonment/Cancellation of existing approved PSP's. The APPLICANT may choose to abandon/cancel anv PSP that was approved or applied for prior to Februa 11 2004. If the AP CANT chooses to abandon then the on! process that will be applicable to that APPLICANT is the final subdivision plat process in the same manner as if the PSP option was never exercised. Anv portion of the original PSP for which a Final Plat has not been approved would therefore require a separate Final Plat according to procedures in effect at the time of submittal. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 3:61 LDC/UDC SECTION: old LDC section 3.2.9.1.5. and UDC section 10.02.04 B.3.e. LDC SUPPLEMENT #: Supplement 12 CHANGE: Revising the name of one of the methods of payment for subdivision perfonnance security. REASON: The name of the document that is currently used is archaic. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Appendices A and C GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 6/16/04 at 12:55 p.m. Amend the UDC [LDC] as follows: 10.02.04 B.3. [3.2.9.1.5.] e. SUBDIVISION perfonnance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on-site and off-site required improvements based on the APPLICANT'S professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no SUBDIVISION perfonnance security shall be required. SUBDIVISION perfonnance security shall be required of an independent special-purpose government such as a community DEVELOPMENT district (CDD). The SUBDIVISION perfonnance security shall be in one of the fOlëi3 8 (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. (3) Surety bond. (4) Construction. Maintenance and Escrow agreement with the first mortgagee of the entire final SUBDIVISION plat. (S) Funds held by the bond trustee for a eomm1:mity DEVELOPl\fENT distriet '.vhich Me desigaated for SUBDIVISION iFÐf)rovements. The CDD shall enter into a oonstruction and mainten8.flee agreement with the eounty in a form aceeptable to the county attorney. The eonstrnotion and rn.ainten8:B.oe agreement shall provide that (a) all perrn.its re€luired for the eonstruetion of the required SUBDIVISION impro'.'ements shall be obtained by the CDD f>rior to reeonimg of the plat, (b) the projeot as defined in the CDD's bond d06aments must inolude the required SUBDIVISION impro'.'ements and oannot be amæded or eÈlangød v.'Ïthout the consent ofthø county, and ( e) the developer shan be required to complete the required impro'.'ements shoald the CDD fail to oÐFÐf)lete samo. ~ LDC Amendment ReQuest ORIGIN: Public Utilities Division AUTHOR: Paul Kwa DEPARTMENT: Public Utilities Engineering Department AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 3:20 LDC/UDC SECTION: old LDC section 3.2.6.4.5 and UDC 10.02.05 B.6. LDC SUPPLEMENT #: Supplement 13 CHANGE: Deleting the reference to the outdated Ordinance. REASON: The Ordinance has been amended and thus the proper reference needs to be made. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on August 31, 2004 at 11:46 a.m. Amend the UDC [LDC] as follows: 10.02.05 Submittal Requirements for Improvements Plans * * * * * * * * * * * * * B. Construction of required improvements. * * * * * * * * * * * * * 5. Construction inspections by the engineering services director. Upon approval of the improvement plans by the engineering services director, the APPLICANTS' professio ineer of record shall be provided with a list of standard inspections which require the presence of the engineering services director. Notification of all required inspections shall be contained in the approval letter for the DEVELOPMENT. Based on the scheduling and progress of construction, the APPLICANT shall be responsible to notify the engineering services director prior to the time these inspections are required. At least 48 hours' notice shall be provided to the engineering services director to allow scheduling of an inspection. Verbal confinnation of inspection time or a request for rescheduling will be made by the engineering services director on each notification made. 6. All required inspections as noted in the Collier County Utilities Standards and Procedures Ordinance No. 97 17, subsection 9.4.2 shall require notice to the engineering services director. Also, the engineering services director shall be notified at the following stages of construction: Prior to any paving or concrete work associated with roads or SIDEWALKS. 7. From time to time, the engineering services director shall inspect the progress of construction. Should special inspections be required they shall be coordinated through the APPLICANT. L The foregoing notwithstanding, routine spot inspections by the engineering services director may be carried out without notice on all construction to ensure compliance with the approved improvement plans. During the on- site inspection process, if the engineering services director finds construction in progress which does not comply with the procedures, policies and requirements contained in this section or the approved improvement plans, he shall have the full authority to issue a stop work order for the portion of the work not in compliance. If a stop work order is issued, it shall remain in full effect with respect to the defective work until such time as the documented discrepancies have been corrected to the full satisfaction of the engineering services director. ~ ~ Design modification. Deviations from the approved improvement plans due to field related conditions or circumstances shall be submitted via the APPLICANT and approved by the County Manager or his designee. Initial contact with the County Manager or his designee may be by verbal contact whereby a County Manager or his designee's field representative may recommend approval to the DSD based on a field inspection of the deviation and based on its equivalency to the approved design. However, if required by the County Manager or his designee, a detailed written description of the proposed deviations or requested design modifications, the reasons for the deviations or modification, and revised improvement plans shall be submitted to the County Manager or his designee for approval. The County Manager or his designee may require written approval for specific deviations or modifications to be issued by him before construction of those items may commence. +: 10. Measurements and tests. After construction, the APPLICANT'S professional engineer of ~all submit a report to the County ~ Manager or his designee which documents the dates of inspection, all measurements,. field tests, laboratory tests and observations required to be perfonned du~ng the construction. &. lL Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final SUBDIVISION plat, or, if construction of required improvements is undertaken prior to recording the final SUBDIVISION plat, within 18 months from the date of approval of the final SUBDIVISION plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a SUBDIVISION perfonnance security has been submitted, the engineering review director may recommend to the board that it draw upon the SUBDIVISION perfonnance security or otherwise cause the SUBDIVISION perfonnance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request a one-time, one-year extension to receive final acceptance of the improvements. ~ 12. County completion of required improvements. When a final SUBDIVISION plat has been recorded and the APPLICANT fails to complete, repair, or maintain the required improvements as required by this section, the board of county commissioners may authorize and undertake completion, repair, and maintenance of the required improvements under the SUBDIVISION perfonnance security provided by the APPLICANT. If no sale of LOTS or issuance of BUILDING pennits has occurred, the board of county commissioners may declare all approvals for the SUBDIVISION and all documents for the SUBDIVISION to be null and void; provided, any vacations of plat shall be in accordance with F.S. ch. 177. In such case, the board of county commissioners shall direct the County Manager or his designee to call upon the SUBDIVISION perfonnance security to secure satisfactory completion, repair, and maintenance of the required improvements, to make his best efforts to restore the property to its predevelopment condition, or to otherwise take action to mitigate the consequences of the failure to complete, repair, or maintain the required improvements. Upon the completion of the required improvements, the County Manager or his designee shall report to the board of county commissioners and the board shall accept by resolution the dedication and maintenance responsibility as indicated on the final SUBDIVISION plat. In such case, the remaining SUBDIVISION perfonnance security posted by the APPLICANT shall be retained for the warranty period between . preliminary and final acceptance in lieu of the required maintenance agreement and SUBDIVISION perfonnance security to provide funds for any repairs, maintenance, and defects ~~uring this warranty period. ~ -HJ:. 13. Failure to complete unrecorded SUBDIVISION Where an APPLICANT has elected to construct, install, and complete the required improvements. prior to recordation of the final SUBDIVISION plat and fails to complete such improvements within the time limitations of this section, all approvals for the SUBDIVISION shall be null and void. No reference shall be made to the preliminary SUBDIVISION plat or the final SUBDIVISION plat with respect to the sale of LOTS or issuance of BUILDING permits, unless and until the preliminary and final SUBDIVISION plats have been resubmitted with all of the supplementary documents and material, and all approvals required in this section have been granted. Under these circumstances, the APPLICANT shall be required to compensate the county through the payment of new review and inspection fees, as though the DEVELOPMENT were being submitted for its initial review and approval. C~3 LDC Amendment Reauest ORIGIN: Public Utilities Division AUTHOR: Paul Kwa DEPARTMENT: Public Utilities Engineering Department AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC 3:23 LDCIUDC SECTION: old LDC section 3.2.6.5.2 and UDC section 10.02.05 C.2. LDC SUPPLEMENT #: Supplement 15 CHANGE: Revising the section to refer to the newly revised Utilities Standards. REASON: The Utilities Standards have been amended. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: This version was created on August 31, 2004 at 10:47 a.m. Amend the UDC [LDC] as follows: 10.02.05 Submittal Requirements for Improvements Plans * * * * * * * * * * * * * C. Completion, approval and acceptance of required improvements * * * * * * * * * * * * * 2. Acceptance of required improvements. Upon completion of all required improvements contained in the approved improvement plans, the required improvements shall be preliminarily approved by the county administrator or his designee. All water and sewe ilities approved and accepted in this fashion and required to be maintained by Collier County shall be conveyed to the county pursuant to the provisions set forth in Collier County Ordinance No. gg 76 Utilities Standards and Procedures Ordinance [Code ch. 134, art. ill], as amended. A maintenance agreement and the posting of SUBDIVISION performance security for the maintenance of the required improvements shall be required prior to the preliminary approval of the completed required improvements. LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2: 120.4-6 LDC/UDC SECTION: 10.02.05 F. old LDC section 2.2.29.3, 4, 5 (2) and (6) and UDC section LDC SUPPLEMENT #: Supplements 13 and 14 CHANGE: Adding the submission requirements for an SJP in the Nonconfonning Mobile Home Overlay District. REASON: These were mistakenly omitted in the recent LDC refonnatting process. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: UDC 2.03.07 G.6. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTESNERSION DATE: This version was created on 7/20/04 at 2:28 p.m. Amend the UDC [LDC] as follows: 10.02.05 F. [2.2.29.3. and 4.] F. SJP Requirements for the NONCONFORMING MOBILE HOME PARK Overlay Subdistrict. 1. Pre-arJTJlication meetinz requirements. Prior to making an application to submit an SJP. the property owner and/or agent is required to have a pre- application meeting with Collier County planning staff. Coordinating this process will be the responsibility of the assigned planner who will establish a date for the meetin will advise other review staff to attend the meeting. The owner of the property or agent representing the owner shall bring to the meeting a survey plot plan showing the location of all BUILDINGS and STRUCTURES, and preferably a draft plan showing the proposed layout of BUILDINGS and infrastructure improvements. The APPLICANT shall consult with the Immokalee Fire Department and the Immokalee Sewer and Water District prior to the pre-application meeting. Within 90 days after the pre-application meeting, the owner/agent shall submit the SIP application and supporting documents. Failure to submit a formal SIP shall cause a citation to be issued to the property which may culminate in the requirement to remove all BUILDINGS and STRUCTURES as provided above unless otherwise prohibited by state law. 2. SIP submission requirements, TJreTJaration standards and notes. a. An application for an SIP on a form prepared by Collier County shall be signed by the owner or agent ofthe property owner in the form of an affidavit as indicated on the application form. b. A survey plan showing all BUILDINGS and structures, their uses and the actual size of the STRUCTURES. c. A site improvement plan showing the proposed location of all BUILDINGS, and all required infrastructure, drawn to scale on a 24" x 36" sheet(s) illustrating the following information: 1. Park name, address and phone number of agent preparing the plan and address and phone number ofthe property owner. 11. Folio number(s) of property and total site area. iii. Zoning designation and land use on subiect and ADJACENT property. IV. North arrow, scale and date. v. Landscaping, proposed and existing. vi. Parking spaces. vii. SETBACKS and space between BUILDING measurements. V111. Location and arrangement ofingress!egress points. ix. Type of surface of all ACCESS roadways leading to the park and within the park~ ~ x. Location of all STRUCTURES in the park (units, office, accessorv building, etc.) xi. Location of dumpster or trash container enclosure. xii. Location and height of walls and/or fences. Xlll. Where applicable. dimensions of LOTS. width of internal STREETS and design cross-section of STREETS and drainage improvements. d. Plans do not have to be signed and sealed by a professional engineer, however. µlans must be prepared by a person having knowledge of drafting skills and basic engineering construction standards which may include a paraprofessional associated with a professional engineering, architectural. LANDSCAPE architectural firm or licensed contractor. e. Prior to approval of the SIP the county building inspector will identify all MOBILE HOMES not meeting minimum housing code standards and minimum FLOOR AREA requirements for MOBILE HOMES as defined in this Code. Those MOBILE HOME units that cannot be rehabilitated shall be removed within 12 months of the approval of the SIP unless prohibited by law and shall be so indicated on the SIP. f. MOBILE HOME units meeting the housing code and as defined in this Code may replace the units removed. provided the replacement units do not exceed the maximum number of units allowed on the original SIP. g. The number of units approved on the SIP will be allowed to remain. except for those identified substandard units which must be removed in accordance with the timerrames referred to in section 10.02.05 F.2.e. above. so long as the requirements of the approved SIP are implemented and a BUILDING permit has been obtained for each unit. h. A RIGHT-OF-WAY pennit shall be required. This permit shall be obtained prior to approval of the SIP. A coPY of same shall be submitted to the assigned planner. 3. LANDSCAPING: LANDSCAPE improvements shall be shown on the SIP. either separately or collectively on the same sheet as the site plan. Existing trees may be credited pursuant to section 4.06.04 D. of this code. a. The Ian shall be re or landscape contractor or paraprofessional associated with such a fÍIm and having knowledge of Florida plant material and planting requirements. Landscape plans do not need to be signed and sealed when prepåred by a licensed landscape architect. b. LANDSCAPING requirements are as follows: 1. A ten-foot wide LANDSCAPE buffer. with one single hedgerow and trees spaced 30 feet on center along property lines abutting a RIGHT-OF-WAY. 11. Trees spaced 50 feet on center along internal boundary lines. iii. Pennitted trees include live oak. SYcamore. red maple. and sweet gum. Under electrical transmission lines. simpson stopper. magnolia. east Palatka holly. and dahoon holly trees are pennitted. IV. Fixed irrigation systems which shall include two irrigation bubblers per tree. 4. Imvlementation time frame: The site improvement plan shall be implemented and park improvements shall be made in accordance with the following timeline commencing from the date of SIP approval. Number of Length of time units/nroiect 10 or less 18 months 11 to 25 30 months 26 to 50 42 months more than 50 54 months a. Proiects approved with an implementation timeline in excess of 18 months must be completed as a phased DEVELOPMENT as identified below. Proiect Implementation Timeline 18 months 30 months # of Phases Phase Timelines 1 J. 18 months 18 months--First hase 30 months--Second hase 42 months J 18 months-- First Dhase 30 months--Second I Dhase 42 months-- Third phase 54 months ~ 18 months-- First Dhase. 30 months--Second Dhase 42 months-- Third Dhase. 54 months--Fourth J2hase b. BUILDING pennits must be obtained for each unit when relocated and replaced within an approved park. otherwise the code enforcement action will proceed exceDt as otherwise Drovided pursuant to section 10.02.05 F.2.e. ~~D LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: Various LDCIUDC SECTION: old LDC 2.2.20.2.3. and 2.2.20.3.7.-8. and UDC section 10.02.13 LDC SUPPLEMENT #: Supplement 15 CHANGE: Adding a few portions to the PUD section of the Code. REASON: These provisions were in the LDC prior to the recodification and were mistakenly omitted when the recodification was perfonned. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: UDC 2.03.06 and 4.07.00 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 4:32 p.m. This version was created on August 31, 2004 at Amend the UDC [LDC] as follows: 10.02.13 Planned unit DEVELOPMENT (PUD) procedures. A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to PUD shall be in the fonn of a PUD master plan of DEVELOPMENT and a PUD document. The plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer 1~e4. b~ State of Florida, or a practicing ;)O~. . * architect licensed by the State of Florida, and shall be comprised, at a minimum, of the following eleme!lts: * '* * * * * * * * * * * J. Planned unit development districts application processinf!. An application for a planned development rezoning. amendment or change will be considered "open" when the detennination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or chan~e will be considered "closed" when the petitioner withdraws the subiect application through written notice or ceases to supplv necessary infonnation to continue processing or otherwise actively pursue the rezoning, for a period of six months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The planning services department will notify applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened bv submitting a new application. repayment of all application fees and granting of a detennination of "sufficiency". Further review of the proiect will be subiect to the then current code. K. Dedication of the public facilities and development of prescribed amenities, 1. The board of county commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public ri~hts- of-way. schools. parks. and other public facilities be set aside. improved. and/or dedicated for public use. Where impact fees are levied for one or more required public facilities. the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action. as detennined by an accredited aµpraiser from a list approved by Collier County. Said appraisal shall be submitted to the county attorney's office and the real property office within 90 days of the date of approval of the rezone. or as otherwise extended in writing by the county manager. so as to establish the amount of any impact fee credits resulting ftom said dedication. Failure to provide said appraisal within this time ftame shall automatically authorize the county to detennine the market value of the set aside propertv. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the tenn Collier County is used in this section. it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 01) 2. Land set aside and/or to be improved as committed in the PUD document. or master plan.. as the case may be. shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as othervvise approved by the board of county commissioners during the PUD rezoning approval process. In any case. however, the county shall take title to the set aside property. at the latest. by a date certain established during, and conditioned on. the approval of the PUD zoning. At no cost to the county. the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the board for consideration of rezoning the subiect parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of this Code pursuant to subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements. said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel ofland upon which said improvements are to be made. or at a specified time provided for within the PUD document. L. Common aDen sDace or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subiect to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities. and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities. by sale or otherwise. except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall confonn to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities. or any successor organization. shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development. the development services director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the develo ment services director shall call u ublic or rivate a enc to maintain the common open sµace for a period of one year. When the development services director detennines that the subiect organization is not prepared o~ able to maintain the common open space or common facilities. such public or private agencv shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of eniovrnent ofthe common open space or common facilities and shall become a lien on said properties. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: MaIjorie Student, Assistant County Attorney DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC2:232-2:233 LDCIUDC SECTION: old LDC Section 2.7.2.3.2. and UDC section 10.03.05 B. LDC SUPPLEMENT #: Supplement 13 CHANGE: Adding PUD extensions and DRIs to the notice requirements currently applicable to rezones, conditional uses, etc. REASON: To keep the public informed. FISCAL & OPERATIONAL IMPACTS: costs for the County. There will be advertising and associated RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: This version created on 10/05/04 at 11 :40 p.m. Amend the UDC [LDC] as follows: 10.03.05 [2.7.2.3.2.] B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances. for vlanned unit develovment (PUD) rezonim! extensions. In the case of an application for extension of POD zoning status or the rezoning of land, to include rezonings, CONDITIONAL USES and variances initiated by other than the board of county commissioners or amendments to planned unit DEVELOPMENTS, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD @~ extensions, Rezoning, CONDITIONAL USE and variance petitions initiated by the board of county commissioners or its agencies, for county owned land shall be subject to these provisions. 1. Applications for a PUD extension, whether initiated by the APPLICANT or the BCe. shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.8. and 9. of this code. 2. In the case ofPUD extensions pursuant to sections 10.02.13 CA., 10.02.13 C.5.a. and 10.02.13 C.6. of this code, a SIGN shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed in subsections 3.c.. 3.d., 4 and 5 below. -h 1.:. A SIGN shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The SIGN to be posted shall contain substantially the following language and the SIGN'S copy shall utilize the total area of the SIGN: a. PUBLIC HEARING TO REZONE THIS PROPERTY: FROM TO TO PERMIT: DATE: TIME: (or where applicable the following:) b. PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the project) DATE: TIME: TO BE HELD IN COMMISSIONERS MEETil'¡G ROOM, COLLIER COillITY GOVERNMENT CENTER. c. The SIGN advising of the PUD extension hearing shall be In substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT œUD) EXTENSION, TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: ALL OF THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM. COLLIER COUNTY GOVERNMENT CENTER. HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES. FLORIDA. 34112. d. The area of the SIGNS shall be as follows: a-:.i For properties less than one acre in size, the SIGN shall measure at least one and one-half square feet in area. Ð:- ii. For properties one acre or more in size, the SIGN shall measure at least 32 square feet in area. ~ 4. In the case of SIGNS located on properties less than one acre in size, a SIGN shall be erected by the County Manager or his designee in full view of the public on each STREET side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the SIGNS cannot be posted directly on the subject property, then the SIGN or SIGNS shall be erected along the nearest STREET RIGHT- OF - WAY, with an attached notation indicating generally the distance and direction to the subj ect property. ;,. ~ In the case of SIGNS located on properties one acre or more in size, the APPLICANT shall be responsible for erecting the required SIGN(S). A SIGN shall be erected in full view of the public on each STREET upon which the subject property has FRONTAGE. Where the subject property is landlocked, or for some other reason the SIGNS cannot be posted directly on the property, then the SIGN or SIGNS shall be erected along the nearest STREET RIGHT-OF - WAY, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one SIGN on each external boundary which fronts upon a STREET, however, in the case of external boundaries along a STREET with greater FRONTAGES than 1,320 linear feet, SIGNS shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of StGNS along an exterior boundary fronting on a STREET exceed four SIGNS. The APPLICANT shall provide evidence to the planning services department that the SIGN(S) were erected by furnishing photographs of the SIGN(S) showing the date of their erection at least ten days prior too (?19 the scheduled public hearing by the planning commission, whichever has jurisdiction. The SIGNS shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of written notification by the planning services department director from the APPLICANT requesting to withdraw the petition or requesting its indefinite continuance. 4:- 6. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. ~ 7. Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed land uses, applicable DEVELOPMENT standards, intensity or DENSITY in terms of total floor area of commercial or industrial space and DWELLING UNITS per acre for residential projects, and a description of the institutional or recreational uses when part of the DEVELOPMENT strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. é-:- ~ For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twice. The first notice shall be sent no less than 30 days after the receipt of a sufficient application by the planning services department. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or ADJACENT to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. +: 9. For subject properties located within areas of the future land use element of the growth management plan that are not designated urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have formally requested the county to be notified. &,. 10. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a new er of general circulation in the county at least one time at least 15 days prior to the public hearing. 9-:- lL The clerk to the bo~d of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. .f4.:. 12. The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. C. Develovment ofRef!ional Imvact (DRI) Procedures. 1. Purvose. The purpose of this section is to set forth the requirements for the establishment of DRIs, the amendment of DRI development orders and the abandonment ofDRIs. 2. Notice of Planninf! Commission Hearing. a. Sif!naf!e. The sÜmage requirements advertising Collier County Planning Commission hearings shall be as set forth in subsections 10.03.05 B.3. through B.S. of this code. The required sÜm shall be in substantially the following format: PUBLIC HEARING REOUESTING DEVELOPMENT OF REGIONAL IMP ACT APPROV ALl AMENDMENT OF A DRl DEVELOPMENT ORDER/ABANDONMENT OF DRI STATUS (select applicable option) TO PERMIT: (Sufficientlv clear to describe the proiect) DATE: TIME: TO BE HELD IN THE BCC MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING. 3301 E. TAMIAMI TRAIL. NAPLES, FLORIDA. 34112. (;19 b. Notice to Propertv Owners. The individual notice to property owners for the Collier County Planning Commission hearing shall be as set forth in subsections 10.03.05 B.6., 10.03.0'5 B.8., and 10.03.05 R9. of this code. c. Newspaper advertisement. The requirements for the newspaper advertisement of the Collier County Planning Commission hearing shall be as set forth in subsection 10.03.05 B.7. of this code. 3. Plannim! Commission Hearing. The Planning Commission shall hold one advertised public hearing on the proposed establishment of the DR!, amendment of DR! development order or abandonment ofDRI development order, as the case mav be. 4. Notice of Bec Hearinf!. a. Notice to Propertv Owners. The individual notice to property owners shall be as set forth in subsection 10.03.05 B.1l. of this code. b. Newspaper advertisement. The requirements for the newspaper advertisements of the BCC hearing shall be as set forth in subsection 10.03.05 RIO. of this code and subsection 380.06 (1), Florida Statutes, as may be amended. 5. BCC Hearinf!. The BCC shall hold one advertised public hearing on the proposed establishment of the DRI, amendment of DR! deve10µment order, or abandonment of DR! development order, as the case may be. Upon conclusion of the hearing. the BCC may immediately adopt the resolution approving the establishment of the DR!, amendment of DR! development order, or abandonment of DR! development order, as the case mav be. 6. Statutory ReQuirements. All statutory requirements as set forth in subsections 380.06 (9) through (2), 380.06 (9) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DR!s set forth in the Florida Administrative Code shall apply. ~ D. Notice and public hearing where proposed amendment initiated by the board of county commissioners would change the zoning map designation of a PARCEL or PARCELS of land involving less than ten contiguous acres of land. In cases in which the proposed comprehensive rezoning action, including but not limited to those provided for in the Zoning Reevaluation Ordinance (90-23) [Code ch. 106, art. II], initiated by the board of county commissioners or its designee involves less than ten contiguous acres of land [such provisions] shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. [Note that every subsequent subsection in this section will have to be re-Iettered due to the insertion of the new subsection "C.'1 * * * * * * * * * * * * * Q~0 &. F. Public participation require'!lents for rezonings, pun amendments, CONDITIONAL USES, variances or parking exemptións. 1. APPLICANTS requesting a rezoning, PUD amendment, or CONDITIONAL USE approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. The appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the APPLICANT from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.02.12 C 10.03.05 B. above. Notification shall also be sent to property owners, CONDOMINIUM and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the APPLICANT must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the planning services department and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The APPLICANT must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The APPLICANT must further cause a display advertisement, one- fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the APPLICANT is expected to make a presentation of how it intends to develop the subject property. The APPLICANT is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the planning services department. ~/?) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC A:I-A:19 LDC/UDC SECTION: old LDC Appendix A and UDC Appendix A LDC SUPPLEMENT #: Original Text CHANGE: General clean-up of the Appendix. REASON: The document is outdated. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 6/16/04 at 12:50 p.m. Amend the LDC/UDC as follows: APPENDIX A STANDARD LECAL PERFORMANCE SECURITY DOCUMENTS FOR BONDINC OF REQUIRED IMPROVEMENTS The following specimen forms are to be used as a guide te for preparation of bonding instruments which will be submitted to the Collier County èBoard of eCommissioners for guaranteeing the completion of required improvements with respect to this eCode. Adherence to the forms will assure an expeditious review by the tIDevelopment s~ervices tIDepartment and the Collier County aAttorney's eOffice. Deviation in substance or form from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions for the fRequired iJrnprovements by the àDevelopment s~ervices èDepartment or the eCounty aAttorney's eOffice. These specimen forms may be revised from time . me by resolution of the èBoard of eCounty eCommissioners. IRREVOCABLE STANDBY LETTER OF CREDIT NO. (insert issuer's identifying number) ISSUER: (insert full name~ imà street address, and telephone number ofIssuer) (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of issue), and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: (insert full name of person or entity) (hereinafter tlApplicant") (insert Applicant's current business address). BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County }~ttorney, Collier C01:lBty Cø1:lrtaoase Cømplex Engineering Review Services, 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "(insert name of Applicant) has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary. " DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert original date of issue.)" The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any c2~ document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the tenns of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Unifonn Customs and Practice for Documentary Credits (~ 1993 Revision) International Chamber of Commerce Publication No. 400 500. ~T rT " ~~ ~ By: _ (insert title of corporate offieer must be signed by President, Vice President or Chief ..... r.."" (Name ofIssuer) By: Printed Name/Title (President, Vice President or CEO) (Provide proper Evidence of Authority) o PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (NAME OF OWNER) (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and (NAME OF SURETY) (ADDRESS/TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and finnly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate swn of Dollars ($ ) in lawful money of the United States, for the payment of which swn well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perfonn its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save hannless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without fonnal and separate amendments' hereto, so as to bind the Owner and the Surety to the full and faithful perfonnance in accordance with the Land Development Regulations. The tenn "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification Q~ of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of , (OVlIler's ·,':itness and sigRature block) (SlH"ety's \vitness and signature blook) (notary and aekno';yledgment for both Owner and Surety required) WITNESSES: (Owner Name and Title if Corporation) By: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. Notary Public - State of (SEAL) Printed Name WITNESSES: (Surety Name and Title if Corporation) ci~~ Bv: Printed Name Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 . BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OR HAS PROCUCED AS IDENTIFICATION. Notary Public - State of (SEAL) Printed Name @ CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered'into this day of ,20 by (description of entity) (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by , a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes ofthis Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 10.02.05 fCJ and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated ,Account No. (the "Construction Loan") to fund the cost ofthe Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration ofthe foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $ Loan, in escrow, pursuant to the tenus of this Agreement. from the Construction 3. Lender agrees to hold in escrow $ from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. Gc??) 4. The escrowed funds s~all be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the DeveÎoper, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (I) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County, or its authorized agent, will complete the work called for under the tenns of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to can-yout and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those the specified funds to the Developer. Payment by the Lender to the Developer ofthe amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the specified funds disbursed in accordance with the letter of authorization fÌ"om the County. 6. The Required Improvements shall not be considered complete for preliminary approval until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations: 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary V~0 approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements ifthey are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision§; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement7 to include closing the account, or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is tenninated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All ofthe tenns, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of , 20_" SIGNED, SK'\LED [DeTleloper Name] AND DELIVERED IN THE PRESENCE OF: Du. - Printeà or Printed or 'T'. -' 1\.T 'T'. ...3 1\.T. _~ J .- ~,~ _u_ - Printed or '1',- ..3 1\.T"~,,, ~ ,- n .J ~ 1 - Du· ~ . (¿;J3 Printed or ;:;:--..2 11. T ¿ Printed or ;::-- . 1\..T. - Printed or ;:;:--..2 1I.T_ ¿J-'- .\TTEST: D\VIGHT E. BROCK, CLERK _ Deputy Clerk BOARD OF COIDITY CO:MMI88IONERS OF COLLIER COUNTY, FLORID.\ By: Chairman Approved as to form and legal ~mfficieney: _ r<, ' . -. SIGNED IN THE PRESENCE OF: (Name of Entity) By: Printed Name Print Name/Title (President. VP. or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: , Chairman Approved as to form and legal sufficiency: Assistant County Attorney C?;0 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of , 20 between hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements: NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the fmal project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in c¿~~ writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval ofthe improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision perfonnance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision perfonnance security on the basis of work complete, Each request for a reduction in the dollar amount ofthe subdivision perfonnance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision perfonnance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision perfonnance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the tenns, covenants and conditions herein contained are ang shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ day of , 20_. SIGNED, SE.\LED [De','sloper Name] AND DELIVERED IN THE PRESENCE OF: - Du· ~J' Printed or Printed or - .... -' '" T. 'T',~~,.1l'>.Tn~~ - Title - Printed or l'>.Tn~~ ~ ATTEST: D'NIGHT BG.:\..W OF E. BROCK, CLERK COUNTY _ Deputy Clerk COMMJSSIO:NERS Of COLLIER COUNTY, FLORID}.. By: Chairman Approved as to form and legal suffioiency: _ ...... A ~ . SIGNED IN THE PRESENCE OF: (Name of Entity) By: Printed Name Printed Name/Title (President. Vp, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Deputy Clerk By: @]) Approved as to fonn and legal suffic~encv: Assistant County Attorney . Chainnan .--- CONSTRUCTIc»r AND M.'\INTEN}j·rCE j"GRBEMENT FOR SUBDIVISION IMPROVm.œNTS OF ÇOMMUNITY DEVELOPMENT DISTRICTS THIS CONSTRUCTION .^~l'ID 1L'\INTENMJCE .^~GREEMENT FOR SUBDIVISION IMPROVEMENTS OF COM1fUNITY DEVELOPMENT DISTRICTS (this ".^"greement") is entered into this day of , 20 by and among , an independent special distriot aÐ:d body politis of the State of Florida (the "District"), (thø "Dcyeloper") and the BOARD OF COIDITY COM1fISSIONERS OF COLLIER COIDITY, FLORID.\ (the "Board"). RECIT:\LS: A. Simultaneously here'.vith, the Developer has applied f-or Board approval of that certain plat of the subdivision to be kno\vn as (the "Plat"). B. Chapters 4 and 10 ofthe Collier County Land Deyelopment Code (the "Code") requires the District and the De','elopør to provide sertain guarantees to tho Boar-à in connection with the eonstmction of the i:F}}flrovements required by the Plat. C. The District and the Developer desire to pro'lide the reql:lired guarffi1teos to tho Board hereby. NO'W, THEREFORE, in eonsideration of the foregoing premises and the mmual CO'lEJllants hereinafter set forth, the Distriot, the Developer and the BOíli"d do hereby eoycnant and agree as follows: OPER.^~TIVE PROVISIONS: 1. Rcquircd ImprtY'/cmcl'lts. The District will cause to be oonstruoted: ~~~:"Ii\'oly, tho ."Ro~";r..d lœ¡!ro'l~,:"ls"). gH~joel la Paf!!grapR 3 R-af, th~~;:irB~ Improyements wIll be oonstrusted wIthin thIrty sm (36) months fTom the date h 8:fd approves the Plat. 2. SCCHrityfé RC~Nired l..pr8'_8.t~. A ea"'!melloa fuaè (tho "Co:z~~ :~nd") has been establIshed by resolutIon of the DlStnet adopted on , 1 , Ie ~~ (the "Berni Rosa 1Hti... ") ir6la ,,~eIo the ea,1 af eenslm.tie" of ili; R~~~i:, r;,Ov.ffieat, ,I"HI bo paid. TRe Cear.,lruotioa P...d SRaIl b. RoId ia fuo .":rn~ ~i: ~~~;:.. (IRo 'Trusl.e"). Pro.oods enaads a¡¡IR.nzed la bo 10'_ by ili. DiSmel p ;,,":;: ~ _.. _~" ROG.lull.a sa"1I bo d"l'.,itod, at" ffiim..._, ia IRa C.aslnietioa Pood as ~L" u: for costs ofthe Required Improvements (the "Construetion .\mount") and ~"!'.:~tiag loa pore"at (10%) aftho C.nslruotiaa AmouBI (Iho "ResoN. }""oool"). n.:. :=~'o :\J:::::~I sRall bo retoiaoEl as " ,-eGorv. la tho CoalJlruelio" P""d fi::~:;::~ ~ Reroof. In aèè!tJoa 10 the foregelBg, P£8"Q ~^D sRall be d"l'o l' 0 . ,. be held as oapitalized imerest and 'Nhiøh, together with interest earned OR the Bond'proeeeds deposited in the Construetion Fund, sàall Be sl:lffieient to pay interest OR the Bonds during the ( ) month period follo':/ing the issuanee thereof. In addition, proøeeds ofthe Bonds shall be deposited vt'Íth the Trustee in the Deet Servie6 Reserve .A~eøount established by the Bond Resolution in an amount sl:lffioient to pay appr-eximately ( ) mORths of debt service on the Bonds. There shall be sl:lffieient monies in the eons~etion fund to eonstruet the required impro'/ements and all other improvements al:lthorized by the Bond Resohltion, as v¡ell as to fund the Reserve .\mOl:lnt. 3. CeRstructieR a/Rcfjuired !mpro'.'C1'1WRtS. (a) l\lIDexed hereto and made a part hereof as Exhibit }~ is a Conrstruotion Sehedl:lle rela-ting to the Reql:lired Improvements (the "Construetion SeheèHle"). The District shall commence cORstruction of the Reql:lired Improvements 'l.'ithin ( ) days follov/ing '¡llitteR oonstruction appro'/al to tàe District fÌ'om the Development Serviees Department and the issuanee, sale and delivery of tho Bonds (the "Commeneement Period"). The Distriot ',"Iill pl:1fsue eonstruetion of the Required Improvements to substamial eompletion ,¡:ithin ( ) months fDllovt'Íng tho end of the Cornmcmeøment Period (the "Co~struotion Period"). (b) In the event the District fails to: (i) oommenee eonstrnotion of the ReEluired hnpro'lements within the Comrneneement Period; or (ii) substantiallyeo1HfJlete constf1:letion of the Reqaired Improvements prior to the Ø*piration of the Construction Period, upon ,\TitteÐ. notiee to Developer by the Board, De'/eloper shall immediately beeome responsible for the eonstruetioR of the Reqaired Improvements. The obligation to construet the Reql:lired Improyements '.Yitl1iÐ. the Construotion Period shall Be ajoint oBligation ofbot£ the Distriot and the Developer. 1. De'.'Ctepment Services Direeter's Pr-efimiRQry Aceopkmce ø.;+ RCfjl,dr<Jd Impre'.'cments. The Development serviøes Director shall not oonsider the Required Improvements complete un-til a statement of øompletion by the Distriet's or Deyeloper's consulting engineers, together '.'lith the final projeet reeords related thereto, have been furnished for re'¡iev.· and approval to the De':elopment Sørviees Direetor of Collier County, Florida (the "Director") for complianoe '.vith the Code. Within sixty (60) days ofreeeipt of the statement of completion from the District, the Direøtor shall either (a) notify the DistrÍøt or Ds'/elofler, in writing, of its preliminiH)' acøeptanøe of the Reql:lired Improvemeßts; or (B) notify the District or Deyeloper, in '!,Titing, of his refusal to preliminarily aeøept the Reqaired Improvements, therev:ith speoifying those oonditions that the District or Dø"/eløper must fulfill in order to obtain the Development Services Direetor's Preliminary :\eeef!tanee of the Reqaired J:mprovemeRts. In no event shall the Board refuse Preliminary }~ceeptanøe of the Rø~ed Impro'/ements if they are constructed and submitted for approval in accordanoe with the reqairemeBts of this ~'\g:reement. 5. J1a.intcns'Rce and Resen'e Ameunt. The Distriet or Deyeloper, as the case may be, shall maintain all Required Improvemeflts for a miniml:l:IIl of one year after preliminary approval by the DevoJopffiOllt Services Direotor. ~ 6~aiHt"""""e period by the DiMet er Developer and l:1:pon sabmission of a "TItteR r " Direotor or his designee shall ins eet ~h R e.qaest for InSpeotIOn, the Development Services compliance with the Code sJ... 11 p . e àeqUIred Impro'¡emeRts and, if found to be still in ttau reeommeR- appre"al te te B à +e . . responsibility for maiBtenanee OC+J...e·u .' à T.· e oar. e DlStnct or Developer's r~tt n.eCiUlre- rlBf3fe"em:efits à U . Board aoeepts maintenance responsibility fa th C . 'S s a contInue unless or until the shall be maiRtained by the Trustee 0 d ~. e 1.. ount). æns equal to the Reserve ...^.mount tà & . R eposlt 1B tue ConstructioE: ¡;;:QE:à Q t'l tà fi I e eqUIrod Improvements. The B d h 11 fl . R lena approval of notifying the District i~ "=Ï.+u·rog ec~~ .&: s ~ re ect Its acknowledgment of such finding bv , n: nu~ n:, rltS ttnat ap~fe"al sftà & . à J reoeipt ofHotiee of sueh final approval the Distri' h 11 e eq1:l1fØ Impr~vements. Upon ¿ALgreemeat to maintain the Reserve ^ ~o. + àet S ~ . HO longer be reqUIred ander this te à . . u.xu un.. on -epOSlt 1B tee GeE: t f ¡;;: at 1:1nng the inspeotiofl the Direetor fiRGS that aU Sf sam R' s ru; ~on an~. In the e':ent Improvements are not in eomplianee ",'th th . e po lOR ø t e Req1:11red writing, to the Distriet those defi' .: lee Code, the Dlreetor shall promptly speeify in Ðleneles t at ml:ist àe 6 t à . à . ' Improvements into eOFFlplianee with the Coàe The Di o~ee e In or er to bnng the Required payment of the eost of eorrectiRg sae1.. d .&: . '. stnot sha:ll apply the Reserve ...^.mount to . tt ett01ØHÐleS In the e"eHt te :¡;f t' fi '1 correotI'¡e action the Develoner shall b . 1.. D . . . e IS not illlS to p1:1ísue such G à g , r I1flg tue ~eqUlred !.mpre"emeHts· t I' o e. pon eorrectioR of the snec~.c:ed à .c:" .' In 0 eomp lance with the . . r ztt etteleneles El:Hà "'ßtte f à gam mspect the Required Improvements and if f4 d n . n no 1Ø~ t ereof, the Director shall submit sueh findings to the Boar-d B 't fi i SRn to be In comphanee v:ith the Code shall ar I s na- approval thereof. ' 6. PIa'! Rcceffla.tie1'l The ~aff I I "Construotion and MainteE.anee ^gi'eeme~~s ;~~o;~,~~ges that this ...^..gi'eement is a sf. El:Hà f 1.. 0 I:l 1, ISlOn Impro"emeE:ts" "'ith' th . , mee Ing tue requirements established b . D.... . . .. In e meanmg aolmO'.vledge and agree that folIe...· th B)', 1.1Sl0n 3.2.9 ofthe Code. The parties n Ing e oard s approval of the Plat: The De'¡eloper shall not be entitled to reeord the Plat until the B è . ear reoelYes: En UT 'tt . è' n en n~tlØe from the Trustee that smns at least equal to the onstruotlOFl ...^.mountEI:Hà R: . ^ G' esef\ e ¿ ..mount are on deposit in tho onstruotlOn Fund (the "Trustee Notioe"); a.. (2) UT . . .. ntten notlÐe ITom Distriet and the Trustee that: (a) (b) (e) ~~e ~roj.eet f-or '::hieh bond prooeeds ha'/e been reeeived by lstnet illoludes the Required Improvements; ~UCh ~ond proceeds Me suffieient to fiRance the Required æpro. ements as 't~ell as all other improvemeFlts to be financed b ' the Bonds (eolleetiT¡ely "the Project") and to fill d th & ) ^ +h fi -e ~ese£l'e fi J110llFlt.h e T.rustee's representation that funds are sufficie~t to nanee t e ProJeet for ·,yhioh Bond prooeeds hane l..ee~ 'n à well as to fiH à th R ,^ . . 1:1 n roCSl . e- as En i ,R . e. ~eser\ e ¿ .mount IS based upon the District h g neer s ~StImatlon of eonstruetion eosts whioh is attaohed ereto and meorporated herein; and The Projeet eæmot Be amended or ohanged "'ithoat the t f ~ .. 6ons,", 0 the BOai"d (the "Projeet Notice"); (3) .^~ representation and '."arranty from the Distriet that all governmental permits to enable the Distriet to eommenee eonstruction ofthe Required Improvements have 13een obtaiaed ("Permit '.\Tarrant)'''); and b. Upon receipt by [of] the BOMd of the Trnstee Notice, Project Notiee and the Pannit 'tVarrant)', De'leloper sÈl.aU 13e emitled to reeor4 the Plat 'Nithout further condition, other than payment of any related reeor.æBg fees established by applicable law and the exeeation of the Plat 13y all required parties. 7. Lisbilfty. The County shall hay€) no lia13ility wÈl.ats06'¡er to the bond holders. Neither the enforcement of the terms ofthis .'\greement by the CoæRY nor the failure to enf{)rce such terms shall create any liability whatsoe'o'er to the 130nd holders, the Distriet, or the De'¡eloper. Any disclosure document J3repared by the Distriet or De:>/eloJ3er in the offering of such Bonds shall provide a statemeftt as deseribeà abo'le relatiBg to the laek of liability ofthe County. 8. },liscc!!al1cebls. .^..Il of the terms, eovenants and eonditions hereiB eontained Me, and shall be, binding upon the respeetive successors and assigns of the Distriet, Deyeloper and HOMd. By exem.Üion belo'1(, the Trustee shall evideBse its Qelmowledgm.eFlt of and asseFlt to the matters addressed herein. .^ill)' Botiee, demand, r8EJi:lest or iBstrnmeFlt aathorized or reEJi:lired to be given or made hereby shall be deemed tø ha'o'e been £i'o'en or made "'lfleB sem by eertified mail, return receipt requested, to the appropriate party at their address set forth eelow: To the District: Tn ..1.._ T"\ -, --... To the BOai"d: 010 County Manager Collier County GO'o'ernment Center 3301 East Tamiami Trail Naples, Florida 33962 'tVith a Copy to: Collier C01:lIlty .^~ttomey Collier Co1:H'lty Go'¡ernment Center 3301 East Tamiami Trail Naples, Florida 33962 To the Trustee: IN WITNESS WHEREOF, the Diamet, tha D~e Ba",,<I ha,'a " """a Ii Ibi, Agreement to be eJCeeuted 8Y their duly aathorized represefltatiTles as of this 20 . SIGNED, SE.:\LED DISTRICT: AND DELIVERED - IN THE PRESENCE OF: ,ATTEST: District By: _Its:_ '"' - 'Witness DEVELOPER: - DEVELOPER: 'Hitness D T+~. ATTEST: D\VIGHT BO..\...W: BO..^.....W E. BROCK, Clerk OF COUNTY By:_ COM1HSSIÜNERS OF COLLIER COUNTY, FLORID..'\ By: Chail1'J1íll1 Approved as to rorm and Legal n. L"I'" _ County A L' Aeknov:ledged and assented to: - as Trusteo under the within mentioned Bond Resolution By: Its: - Date: G?3V day of l'GR SUBDIVISION ^ EN \NCE .\GREEMENT ^ CONSTRUCTION l\ND þ..'L lINT ~ÔR TO RECORDING OF PL >. T IMPROVEMENTS PR , A A CREEMENT FOR SUBDIVISON , THIS CONSTRUCTION .\ND Þ.L\INTE~~¡~¡g~ PLAT .^"GREEMENT entered 11'1tO tills IHPRO"EHENTS PRIOR TO RECORD h_iøafter rere..-ed 10 as, ft __. " f "Q beweon II' C Hftty Florida, her_a er day 0 d' -f County Commissioners of Co ler 0 , "De'.'eloper," and the Boar 0 "B à" referred to as the oar. RECIT.\LS: . t ~plieà for I 'th the deli"ery of tins .\£feemen , . It eOliS J' "'I . 1 Developer has, SlmH an f" àdinision to Be Imo'.vn as: . I by the Board of a certain plat 0 aSH. the approva D "elopmeat Coàe allo':¡s the De'/eloper 2 Di'lisioB 3,2 oflàe CBlIier CeHftty ~~ '0: re"UIali""" prier Ie reoo£<ling Ibe . . à ày saul SH -I. IS! O' to C01'1struct the improvements reqUIre fiBalplat, , d!HaI oovOHOfIt, . f. fi :f¡ regoing premISes an Fffil .., . NO'" THEREFORE, iB oOBsideraU~B ~ t ~:.. I>ereày 00-'_ and ag<oe as folio" s, .., I and t-e -oar hereinafter set forth, Deve oper 1 Developer '.viII oause to be oonstI1:leted: ' 'd' p..··OIßOß!s I f. 'd S,,1...ài"ision plat, salim, f. fa"a- 0- sai ut1 . . , months from the date 0 app . wIthm h uired impro'¡ements. hereißtlfter referrod to as t e req I rior to ..oordiBg ,aid truot said impro'lemen s p ding 2 Developer herewith agrees te oe..., . okall Bot apJw,e thepl.1 for reoor . d f COl:lÐ.ty COImmsslOner subdi'/isian plat and the Boar 0 leted . ts ha"e been eomp . UBtil said Uß>rovemeB- · I> 11 tellåer its S>ihdivi,ioB " " nts the Developer s a I 3 UpOB eeß1plotioB of aOlil ""pre - 0Iß~<hi;1> represeat' I"" pereeat efthe tola, 'ty by perform";"'e soewily iB tho an;:~::: ~OB reeei~; ef said s"M¡vi~eB ::'i"C:e Gecun h- t east ta eOFIlf>lete eons. y f8ElUest the oar I f Ðon~ao -- 'D' olor the D,,,,eIÐper ma, linHBory appro.... 0 the Development ServlOes Ire l...à' ',," "Iat far reeoràing and £fant pre aHe the Sll-v-I. ISlOn r Commissioners to appr . .aid plat. , d plete UBliI a slalOIßeat of ' . n shall Rot Be eonsldere eom. à fi He been 1 The requffed 1m!",,,, _eats '''ith the finalpf6Jeol reeer s a. , Bubalanti;'¡ oemp letioB ¡'y DevoloP,::"sd e:,:~:e;:, :e~""oat S er¡jees Direolor fer oÐB!Ihanoe . à be reHien'ed and appro. B ) furmshe to. ''', L d De\'elopmeRt Code. with tlIe Colher COIll1I) ¡¡¡¡ , '''ithm aixty (60) days ofreeeipt oflbe S Tl>e Dovelopm...t Ser"i.e, Dffeete~s:.w~:':"eleper iB wriliBg of his prellfß1ftarj . I' Bither' a) notI ø statemoat ef3ubst¡¡¡¡tial ,oB!l etlOB, , Q2. ~ approval of the improvements; or b) notify the Deyeloper in ,.'..riting of his refusal to appro'..e the i"'!'rO'l.m...ts. thorewith ap..i~"'g ¡,ft.,. eonèiti.a. wfti.h th~ dO'l.lop.r must fullill is ::: = obl!l1B th. DIf...tor·, appro va! .ftà. IHlpr.v""'.a!.. Hewo".r, la ao ev.a! aàa!] tà. D.v.l c ~ Servioos Direetor refuse preliminaryapproyal of the il'l'lflroyements ifthoy are in faot oon~~~;; and submitted for approval inn aeeordanee ',vita the requirements ofthis Agreement. é. The Developer shall maintain all required improT..ements for a minimum period of one year after preliminary approval by the Deyelopmeat Services Director. .ALfier the one year maimonance period by the Developer has terminated, the Deyeloper shall petition the De':elopment Services Direetor to inspect the required il'l'lflroyem.ents. The Develøpment Serviees Direetor or his desi£Hee shall iflspect tRe improvements and, if found to be still in compliance with the Collier Coumy Land Development Code as refleoted by final apprm'al by the Board, the Board shall release the ton peroent sHbdivision perfDrmance seeurity. Tho Developer's responsibility fDr maintenanoe of the required improvements shall continue unless or until the Board aecøpts maintenanee responsibility for the County. 7. In th. "".atth. D.v.lopor aàall fuil .r aogl.ot ro fulfill ils 08]igati:::r this Agreement, u¡;>on certlficatIOn of such faIlure, the Cmmty }"dmInu;trator may eall 0 e slibdivi.ioR p...fumllme. .oeurity to 'ee..... setiafaotory eo",!, lotioa. r..pai, and ~:7,:,:f the '0'l,m.d lIaprÐvem""t~. Tho Boanl shall àave the ngJ¡t to e.astruet and Hl::::; ;,;,;;:: to be eonstruoted and mamtamed, plHsuant to publIe ad'..ertlSement and reeelpt 0 t bids, ili. i",!,rÐYOIRea!a r.lIÙr.d bor.iR. Th. Devolop.... as priaoipa! \lllåor lit. s:;'vi:;"OR performanoe security, shall be liable to pay and to indem..ïify the Board, upon eo ti of such ooastruetioR, ¡¡,. [mal tola! eo.t 10 th.. B....d tb.r.of, iRc]HdiRg: 8m Rat limit~~~~ :;,,~;:,e;;: logol and eoatmgoa! easta, togother w,th any damag... ..Ili.r w,..t .r eORs.~'. ;:;'. ~~.~;:~ . Board may sustaIn on aeeount oftae faIlure of the Developer to fulfill all of the p '1 hIs Agreement. 8. }Lll of the terms, eovenants and oonditions horein eontained are and shall be biding upon tRe Developer and the respeotive saecessors and assigns oftRe developer. IN ':VITNESS ''''HEREOF, the Board and the DS'leloper have caused this Agreement to be e)(Øcuted by their duly ai:lthorized rel3resentatives this day of , 20 '.Vitnesses to (Ds'lelopsr Name) -- ( emity) Deysloper By: _ (printed name and \\'itnesses to (Lender Name) ( entity) Lender By: _ (printed name and title) 0~ ATTEST: D'.VIGHT BO~\RD Of E. BROCK, CLERK COUNTY - COMM:ISSIONERS - OF COLLIER COUNTY, FLORID.^~ By: Chairman Approyed as te ferm and legal saffieiøney: _ r". ~.... ® LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Rebecca Paratore DEPARTMENT: County Attorney's Office AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: LDC C:I-C:6 LDCIUDC SECTION: old LDC Appendix C and UDC Appendix C LDC SUPPLEMENT #: Supplement 13 CHANGE: General clean-up of the Appendix. REASON: The document is outdated. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various throughout the Code GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: Version created on 9/08/04 at 4:26 p.m. Amend the LDCIUDC as follows: ,,\PPENDIX C FINAL SUBDIVISION PL.,t~T, REQillRED CERTIFlC.A~TIONS A...l\lD SUCCESTED TEXT .\ND FORJ\t.\TS FOR OTHER REQUIRED INFOmt.A...TION APPENDIX C FINAL SUBDIVISION PLAT. REQUIRED CERTIFICATIONS AND SUGGESTED TEXT AND FORMATS FOR OTHER REQUIRED INFORMATION (See LDC section 10.02.04 for applicable, specific provisions) The following text and format are intended as a guide for prcparcrs preparation of those platting materials required to be submitted to reviewing authorities, including the p£roject fReview s§.ervices àDepartment, üUtilities àDivision, eCounty hHealth àDepartment, eCounty C?~ aAttomey and the bBoard of eCounty eCornmissioners. Adherence to this fonnat and text will substantially expedite review. Substap.tial deviation in substance or fonn ITom the suggested text and fonnat may result in delay or dis~pproval of the submitted plat. SURVEYOR'S CERTIFICATE SURVEYOR'S CERTIFICATE I~~~:: I~ Coonty ÒfeoÎlier : = 188 The undersigned hereby eertifies that this plat was prepared by me or under my stipervision and that the depicted survey data complies v:ith all of the requirem.ents of Chapter 177, Part I, Florida Statutes. Permanent reference monuments '.':ill be set prior to tlle reeording oftms plat aÐd pennanent control points and lot comers '.vill be set flrier to final aceeptanee of required impro'lements. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A BOUNDARY SURVEY OF THE PROPERTY PERFORMED BY ME, OR UNDER MY SUPERVISION. AS PROVIDED IN CHAPTER 177.041 FLORIDA STATUTES AND THAT THIS PLAT COMPLŒS WITH ALL THE REQUIREMENTS OF CHAPTER 177. PART 1. AS AMENDED. FLORIDA STATUTES. IT IS FURTHER CERTIFŒD THAT ALL PERMANENT REFERENCE MONUMENTS WILL BE SET PRIOR TO THE RECORDING OF THIS PLAT AND THAT THE PERMANENT CONTROL POINTS AND LOT CORNERS WILL BE SET PRIOR TO FINAL ACCEPTANCE OF THE REQUIRED IMPROVEMENTS. fro . - \ (Printed Name) Florida Professional Land Surveyor No. Date ( signature) (TYPED OR PRINTED NAME HERE) Include Florida Professional Land Surveyor No. DATE COUNTY COMMI8SION .APPROVAL COUNTY COMMISSION APPROVAL I~Z:=oc Ii 188 STATE OF FLORIDA COUNTY OF COLLŒR This plat approved for recording in a. regular open meeting by the Board of COlffity Commissioners of Collier County, Florida, this day of , 20 (:i~ , .^~.D., ~~:~ed that tne plat is filed in the offieø afthe Clerk of the Cirol:lit Court of Collier County, Flonda. . THIS PLAT APPROVED FOR RECORDING IN A REGULAR OPEN MEETING BY THE BOARD OF COUNTY COMMISSIÙNERS OF COLLIER COUNTY. FLORIDA. THIS DAY OF .20, PROVIDED THAT THE PLAT IS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF COLLIER COUNTY. FLORIDA. __, Clerk - Chairman, Board of C01mty Commissioners Collier County, Florida DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY eN ame of Chairman). CHAIRMAN BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FILING RECORD FILING RECORD I hereby oertify that this plat has been examined by me and that it oomplies in f-onn ,,,ith the roquiroffi...ts, er Chapter 177 ~ Florida SlaMeG. 1 further oerti!:" that said plat waa ~~ r~ rseerd = ~..ffi. er ~.ffi.) th,s àay er , ZQ , A.g :; ~~ ~~~:::.d in Plat Book Pagø(s) , inelusive, of the Public Records of 01· nty, I HEREBY CERTIFY THAT THIS PLAT HAS BEEN EXAMINED BY ME AND THAT IT COMPLIES IN FORM WITH THE REQUIREMENTS. OF CHAPTER 177. FLORIDA STATUTES. I FURTHER CERTIFY THAT SAID PLAT WAS FILED FOR RECORD AT (a.m. or p.m.) THIS DAY OF ,20, AND DULY RECORDED IN PLAT BOOK P AGE(S) , INCLUSNE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I ' Clerk By: DWIGHT E. BROCK CLERK OF CIRCUIT COURT IN AND FOR COLLIER COUNTY ENGINEERING SERVICES ENGINEERING REVIE\V SERVICES in~~ ~~:¡~~,~ ~ the Eagi"eori»g Review Servioes Sootie" er ~ G~ty Devolopment Q'!:',''!:s'!:8e sf CollIer Col::U1ty, Plonda this day of , 0; . . .. THIS PLAT APPROVED BY THE ENGINEERING SERVICES DEPARTMENT OF THE COMMUNITY DEVELOPMENT DIVISION OF COLLIER COUNTY. FLORIDA THIS DAY OF ,20 ~ I D;;;:~=~:vF:V¿:·' (TYPED NAME) ENGINEERING SERVICES DIRECTOR/COUNTY ENGINEER COLLIER COUNTY, FLORIDA COUNTY ATTORNEY COUNTY.\TTORNEY This Plat appro'led by the Collier County .^~ttomey tms day of ~ THIS PLAT APPROVED BY THE COLLIER COUNTY ATTORNEY THIS OF , 20 I ¡;-- ~~!lier C01:llltyl . . ~ttome) , ,20 DAY (TYPED NAME) ASSISTANT COUNTY ATTORNEY DEDIC.\TIONS DEDICATIONS I ::~::& I~ STATE OF FLORIDA COUNTY OF COLLIER 1&8 KNO'\' .\LL MEN BY THESE PRESENTS tflat lands described hereon, have caused tàis plat eFltitleà made and do flereby: KNOW ALL MEN BY THESE PRESENTS THAT (OWNER(S)) OWNER(S) OF THE LANDS DESCRIBED HEREON. HAVE CAUSED TillS PLAT ENTITLED (NAME OF SUBDIVISION) TO BE MADE AND DO HEREBY: (o'.vner(s)), the owner(s) of (Flame of sabàiyision) to bo . THE ^ .I. .L. Dedicate to Callier County or the public: 1. The rights of way or depieted streets, roads, or ingress & egress eascments as sho'.vn hereon for tàe pl:irpase of aeeess, ingress & egrcss and any other purposes sho'.vn. 2. .^illy traets or casemcFlts iHtcndøà to be eanveyeà to tàe'p1ièlie for sach purposes as they may be requireà, i.e., sanal rights af way/easemoots, lkiriooge or 'tOIH>W.t&~omeRto. B. To Collier COl:1Flty '.vater Sewer Distriet or any other applicable entity: i.e., Imm.okalee '.Vater Se':¡er Distriet, ete.: 1. all '.vater and s6v.'er utility facilities constructed ',vithin this platted area, UpOFl aeeeptance of the improvements required by the applicable land de':elopment regulations. 2. To Collier Coooty 'Vater Sewer District (or any other applioable entity: . T. 1 1 U7 " TY' 'I' à' à I.e., illlII10tCalee .. ater oewer l..Ilstrìet, etc., III lcate . C. Dedieate to the iRsert appropriate entity name(s) home/property/lot owners' a£soeiation, or to any other la\Yfully eJdstiFlg entity, ',vhich must have the power or authority to perform the obligation to maintain being dedicated, along '.vith tho responsibility for sl:1oh maintenanoe: 1. Priyate road rights of ',vay, 2. Drainage or stormv:ater management easements, 3. Landscape buffer easements, 1. Lake maintenance easements, 5. .^",coess easements, 6. Or any other similar easement or traot intended to be dedicated for a set purpose(s) Suoh tracts ør easements ml:1st be dedieated tø a homeov:ner's association or to any other lawfully e~dsting entity 'Nhiøh has or ':¡ould ha':e at the time of final plat reoording the po'::ør or authority to perf-oml the obligation to maintain, along with the respoRsibilit)' for sl:1eh maintenanøø. D. }", non eJwll:1sive p1:1blie utility easement (P.U.E.) to alllieensed or franohised public or pri':atø utilities as sao'Nfl on tais plat f-or publis utility purposes, ineluding construction, installaticm, maintenance, and operation of their respeotiye faoilities, inc1udiflg cable television services, pro'lided that suoh uses be subject to, and nøt inoonsisteat with, the use by tae Collier Count)' \Vater Sewer District. In tae e','eFlt a sable eompany damages the facilities of another public utility it will be soleI)' responsible for said damages. A. DEDICATE TO THE (insert homeowners' association or legal entity) 1. Private road rights-of-wav. as follows: TRACT "R" AS A P~~~AD RIGHT -OF- WAY (R.O.W.) (insert ~ street name) SUBJECT TO THE EASEMENTS DEPICTED HEREON (insert easements; i.e.. R.O.W..C.U.E..P.U.E.. D.E.. etc.) WITH RESPONSIBILITY FOR MAINTENANCE. 2. Drainage or stonnwater management easements as follows: ALL DRAINAGE EASEMENTS (D.E.) FOR STORMW ATER MANAGEMENT PURPOSES WITH RESPONSIBILITY FOR MAINTENANCE. 3. Landscape buffer easements as follows: ALL LANDSCAPE BUFFER EASEMENTS (L.RE.) WITH RESPONSIBILITY FOR MAINTENANCE. 4. Lake maintenance easements as follows: ALL LAKE MAINTENANCE EASEMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 5. Access easements as follows: ALL ACCESS EASMENTS WITH RESPONSIBILITY FOR MAINTENANCE. 6. Or any other similar easement or tract intended to be dedicated for a set purpose. or purposes. 7. All conservation/preserve areas/easements as follows: ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) ARE DEDICATED AS COMMON AREAS WITH PERPETUAL RESPONSIBILTY FOR MAINTENANCE. THE (CONSERV AnON or PRESERVE) (TRACTS or EASEMENTS) MAY IN NO WAY BE ALTERED FROM THEIR NATURAL OR PERMITTED STATE. ACTIVITIES PROHIBITED WITHIN THE (CONSERV A nON or PRESERVE) AREAS INCLUDE. BUT ARE NOT LIMITED TO. CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES. SHRUBS. OR OTHER VEGETATION WITH THE EXCEPTION OF EXOTICINUISANCE VEGETATION REMOVAL; EXCAVATION. DREDGING OR REMOVAL OF SOIL MATERIAL DIKING OR FENCING; ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE; FLOOD CONTROL. WATER CONSERVATION. EROSION CONTROL. OR FISH AND WILDLIFE HABIT AT CONSERVATION OR PRESERVATION. Such tracts. or easements must be dedicated to a homeowners' association. or to any other lawfully existing entity which has. or would have at the time of final lat recordin the ower or authori 0 erfonn the obli ation to maintain alon with the responsibility for such maintenance. B. DEDICATE TO COLLIER COUNTY: 1. The public rights-of-way (insert name) or depicted streets, roads, or access, as follows: TRACT "A" AS A PUBLIC ROAD RIGHT-OF-WAY (R.O.W.) SUBJECT TO THE EASEMENTS DEDICATED AND DEPICTED HEREON (list all ROW easements) WHICH EASEMENTS ARE SUBORDINATE TO. AND MAY NOT BE USED INCONSISTENT WITH, THE USE OF THE RIGHTS-OF- WAY BY COLLIER COUNTY FOR ROADWAY PURPOSES INCLUDING, BUT NOT LIMITED TO, PAVEMENT, ROADWAY DRAINAGE, BIKE LANES, SIDEWALKS, AND PATHWAYS. ALL (CONSERVATION or PRESERVE) (TRACTS or EASEMENTS) WITHOUT RESPONSIBILTY FOR MAINTENANCE AND SUBJECT TO THE CONDITIONS OF THE DEDICATION IN PARAGRAPH A. 7. (name of appropriate paragraph) ABOVE. 2. Any tracts or easements intended to be conveyed to the public for such purposes as they may be required, i.e., canal rights-of-way/easements, drainage or stonnwater management easements, preserve/conservation areas/easements, etc., to include, but not be limited to the following examples: ALL DRAINAGE EASEMENTS (D.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. ALL LAKE MAINTENANCE EASEMENTS (L.M.E.) WITHOUT RESPONSIBILITY FOR MAINTENANCE. C. DEDICATE To THE Collier County Water-Sewer District r or any other applicable entity: i.e., Immokalee Water-Sewer District. etc.l: 1. All County Utility Easements (C.U.E.s) for the purposes of utility installation, construction, operation, or maintenance, including the right of access to perfonn any such purpose. 2. All interim water and sewer utility facilities constructed within this platted area, upon acceptance of those interim utility facilities pursuant to the applicable County regulations, including those set forth in the Code of Laws and Ordinances, Chapter 134. C?"7J D. DEDICATE A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT (P.U.E.) TO ALL LICENSED OR FRANCHISED PUBLIC OR PRIVATE UTILITIES AS SHOWN ON THIS pLAT FOR PUBLIC UTILITY PURPOSES, INCLUDING CONSTRUCTION, INST ALLA TION, MAINTENANCE, AND OPERATION OF THEIR RESPECTIVE FACILITIES, INCLUDING CABLE TELEVISION SERVICES, PROVIDED THAT SUCH USES BE SUBJECT TO, AND NOT INCONSISTENT WITH. THE USE BY THE COLLIER COUNTY WATER- SEWER DISTRICT. IN THE EVENT A CABLE COMPANY DAMAGES THE FACILITIES OF ANOTHER PUBLIC UTILITY IT WILL BE SOLELY RESPONSIBLE FOR SAID DAMAGES. E. Reserve to the (state appropriate ø\VRer entity{s) name(s)): E. RESERVE TO THE (appropriate owner entity(s) name(s)): 1. Aany tracts intended for "Future Development," or being retained for other stated, specific and allowed purposes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH OWNER I ~TNE88ES: -I BY:_ WITNESSES: (NAME OF ENTITY) By: PRINTED NAME (TYPED NAME/TITLE OF OWNER) (Include proper evidence of authority) PRINTED NAME ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING DEDICATIONS WERE ACKNOWLEDGED BEFORE ME THIS DAY OF , 2004. BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. ~ ~ NOTARY PUBLIC - STATE OF PRINTED NAME (SEAL) ACKNO\\TLEDGMENT All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. \V.^~IVER l\ND RELE.'\.SE NOTE: On , of20 the ov:ner(s) exeouting the DedieatioR, as the holders of ~~~~~ title or other speeified interests, expressly 'Nai','ed and released the County from any claims of vested rights a:nd equitable estoppel pertaining to the issuance of a Certifi~~~~ ~fPublio Faoility .^~deq\:1aoy in aceardanoe with Collier County. PLEASE NOTE: AT THE APPLICANT'S DISCRETION, MORTGAGEE'S CONSENTS AND ACKNOWLEDGMENTS IN SUBSTANTIALLY THE FOLLOWING FORM MAYBE PROVIDED AS A SEPARATE INSTRUMENT AS SET FORTH IN § 177.081(2), F.S., ADDITIONAL RECORDING FEES MAY BE REQUIRED IF SUCH SEPARATE CONSENTS ARE PROVIDED. MORTGAGEE'S CONSENT MORTG.^~GEE'S CONSENT STATE OF COUNTY OF STATE OF ~ FLORID.'\. ~ COUNTY OF ~ COLLIER " (ffioflgag..), æilb.ri..d to Ir."..""t busi..." in the State .[Florida, ~r:::r c~rt~ that It IS the holder of a mortgage l:lpon the herem desenbed property as record 0.. k , Page of the P1:1èlie Reeords ofCamer County, and does hereby join in and consent to the dedication of the property by the owner, and agrees that its mortgage shall be subordinated to the dedications sho'.vn hereon. (mortgagee) . AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. HEREBY CERTIFIES THAT IT IS THE HOLDER OF A MORTGAGE UPON THE HEREIN DESCRIBED PROPERTY AS RECORDED IN O.R. BOOK . PAGE OF THE PUBLIC RECORDS OF C~OUNTY' AND DOES HEREBY JOIN ~~. IN AND CONSENT TO THE DEDICATION OF THE PROPERTY BY THE OWNER. AND AGREES THAT ITS MORTGAGE SHALL BE SUBORDINATED TO THE DEDICATIONS SHOWN HEREON. ~Îit~ TITI:,E (NAME OF ENTITY) ( signature) (TYPED NAME AND TITLE) ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING MORTGAGEE'S CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2004, BY (NAME OF PERSON MAKING ACKNOWLEDGMENT) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PROCUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF PRINTED NAME (SEAL) All dedications and consents are to be executed and acknowledged in accordance with the applicable sections of Chapters 689 and 692 of the Florida Statutes. BE SURE TO PROVIDE A SEPARATE ACKNOWLEDGMENT FOR EACH MORTGAGE ~ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 2,2004 LDC PAGE: 04-41 ) N/A. Newly created Appendix in the LDC recodification process (Ord. LDCfUDC SECTION: Appendix "H" LDC SUPPLEMENT #: N/ A CHANGE: Revising a few UDC section references to reflect the proper ones. REASON: To give an accurate reflection of the LDC/UDC comparison. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: As delineated in the Table. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 10:10 a.m. This version was created on September 28, 2004 at Amend the UDC [LDC] as follows: APPENDIX H . LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LOC in effect prior to the September 27, 2004 October 18. 2004, effective date, and the LOC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LOC prior to the September 27, 2001 October 18. 2004, effective date. The LOC has been revised into a Chapter format as of the September 27th, 2004 October 18. 2004 date. The contents of this Appendix are as follows: c¿{J) Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision-Making and Administrative Bodies Article 6 - Definitions * * * * * * * * * * * * * ARTICLE 2- ZONING LDC LDC LDC Sub- UDC Chapter UDC Section Other Notes Division Section section * * * * * * * * * * * * * ss.2.2.21. Chapter 2 2.03.07 - § 2.2.27. Overlay Zoning created by 2.2.~28. Districts Supp. 16 (Ord. 2.2.27. in 03-27), revised Chapter 4 in Supp. 18 4.08.00 Ord. 04-08 2.2.29 Chapter 2 2.03.07 G.6. Chapter 10 10.02.05 F. Section created in Cvcle 2. 2004 after the LDC recod ification. Chapter 4 4.02.33 and (5) ss. 2.2.30. NRPA-2.03.08 Revised in (NRPA) & C; Supp. 18 (Ord. 2.2.31. NBMO - 04-08 ) (NBMO) 2.03.08 D * * * * * * * * * * * * * 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 Requirements (Ord. 03-55) 2.4.4.14. Chapter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generally * * * * * * * * * * * * * 2.6.30. Chapter ~ ~ 2.03.06 & 2.04.00 4.07.06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker... & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses... Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes.. . Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 -=-- Situations (Ordinance ~$~) 04-08 ) 2.6.34. Chapter 5 5.04.06 - (see Annual Beach alsoAppx. Events Permit G 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 Towers (Ord. 04-08) 2.6.36. Chapter 5 5.05.07 - Townhouse... 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 Dwelling Units (Ord. 04-08) 2.6.39. Chapter 2 2.03.07 - Added in TDRs Overlay Zoning Supp. 18 Districts (Ord. 04-08). 2.6.40. Chapter 2 2.05.02 - Added in Density Density Supp. 18 Blending Blending (Ord. 04-08) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1.& Chapter 10 10.03.05 Revised in 2.7.2.2. Notice Supp.17 (Ord. Roquiremonts 03-55) ... 10.02.08 - Submittal Requirements 2.7.2.3. - Chapter 10 10.03.05 - Revised in 2.7.2.16. Notice Supp.17 (Ord. Requirements 03-55) - 2.7.3. Chapter 10 10.02.~ ~- Revised in PUD Supp. 17 Procedures (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 (Ord.04-08) ~S£{~ 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal.. . 2.7.7. Chapter 2 2.06.00 - Revised in AHDB Supp.17 (Ord. 03-55 ) 2.8. Chapter 5 All in Portions of § 5.05.08 - Div. 2.8. were Architectural carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3.3.2. 4.06.02 C (Ord. 03-55)